Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-01
CONSTITUTION or NEVADA.
CONSTITUTIONS OF NEVADA.


but fraction Of the room required forthe
publication Of the whole document, but Will
be found equally useful and far more con-
venient for reference: .a- Dr. 49, u. -
Preceding the Constitution proper is u reSolu,
ton adopting the Constitution of the united
States and an ordinance forever prohibiting sa-
very, securing perfect religious federation, dis
claiming forever all right and title to unapProPn-
ated public lands, which are left to the sole DIS
position of the United States exempting from
taxation all lands and other property Of the Uni
ted States, and declaring that lands of non'reS-
dents shall not be taxed higher than lands of citi'
zenB otthe proposed State. These enactments are
made In compliance with the terms OF the Ena
bling Act, and are declared irrevocRble without
the consent of the United States and ofthe people
of the State of Nevada, ..g
The preamble to the Constitution Is the same
as that of the old Constitution. 1t reads thus;
We the people of the State of Nevada CRATE
fnl to Almighty God for our freedom, in order to
secure its blessings, insure domestic tranquility
and form more perfect Government do estao'
lish this Constitution"
ARTICLE I--DEcLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inslienable rights, etc.,
the language of the section being merely an am
plihcation of the Declaration Of Independence.
Section asserts that the doctrine of the inhe-
rent political power of the people, and their right
to establish or change their form of Government,
and continues: But the paramount allegiance
OF every citizen Is due to the Federal Govern
ment, in the exercise of oil Its constitutional pow
ers, as the same have been or may be defined by
the Supreme Court of the United States and no
power exists in the people Of this or any other
state of the Federal Union to dissolve their con-
nection Herewith, or perform any act tending to
impair, subvert or resist the supreme authority
of the Government of the United States The
Constitution of the United States confers full
power on the Federal Government to maintain
and perpetuate Its existence, and whensoeter any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
sst the execution of Its laws, the Federal Gov
eminent may, by warrant of the Constitution,
employ armed force In compelling obedience to
its authority"
Section establishes the right of trial by jury,
but provides that three.fourths of n Jury In any
civil case may find verdict unless the Legisla
ture by q two-thirds vote shall require such Yer.
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be ex.
cluded as witness on account Of religious opin-
ions.
Section secures the writ Of habeas corpus,
except in cases Of rebellion or invasion.
Section & prohibits excessive bail, cruel or un-
usual punishmentS, etc
Section requires that all persons accused shall
| be bailable, except for capital offenses.
Section prohibits trials for crime except on
| presentment or Indictment and establishes the
acknowledgements as to personal and property rights
Section secures the freedom Of speech and OF
the press and allows the truth TO be given i'll ev.
dence, in actions for libel by way classification.
Section 10 establishes the right of tho people to
| hold public meetings, etc.
Section IL subordnates the military to the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time of war to
| two years.
Section l2 forbids the billctng of soldiers.
| Section l3. Representation shall be apportiOned
according to population.
Section IA requires the exemption OF u reasonable
! amount Of property from execution tor debt, and
| forhids Imprisonment for debt, except in case o.
fraud, libel or Islander"
| Section - forbids the passage of any bill Of NJ
thindcr, tx post facto law, or law impairing The
| obligation Of contracts.
Section Ii secures 10 foreigners, OIL becoming
bona fds residents, the same property rights IL
nativr.bOrn citizens.
Section IL prohibits slavery.
Section IL protects the people against nnreiIS
enable searches and seizures and restricts the Is
suing of search warrants.
| Section ~ defines treason against the State (ai
in the United States CONSTITUTIONS and requires
for conviction the testimony of two witnessc'
to the same overt net or confession In open Court
Section 20 reserves to the people any md al
rights not enumerated
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance" clause of Section ,, which In the old
| Constitution read thus: 80 But the paramount al
legiance Of every citizen Is due to the Fedora
| Government and no power exists in the people
of this or any other State In the Federal Union &c
dissolve their connection Herewith, or perform
| any act tending TO impair, subvert or resistthC
- A.. Af Nhs
| United States. The Constitution of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate lis existence
| and whatsoever any portion Of the Suites, or peo
| PIE thereof attempt TO secede from the Federal
Cnlon or forcibly resist the execution OF Its laws
the Federal Government may. by warrant OF the
| Constitution, employ armed force in compelling
| obedience TO its authority"
Section II of the old Constitution, prohibiting
| the Legislature from granting special privileges
etc, stricken out, as being sufficiently proTi
ded for in the article on Legislative Department
The words libel or SANDER" were inserted
| in Section IA, relative imprisonment for debt
/ on account of the adoption of stringent proyi
sionsfo the prevention and punishment ofduelinG
| The provision in Section -. relative to con
victions of treason, was not contained in the old
Constitution
ARTICLE II-RIGHT OF SUFFRAGE.
| Section confers the right Of suffrage OH every
| white male citizen of the United states. twenty
| one years of age and upwards, who shall have
| actually and not constructively resided i'll the
| State six MONTHS and in the district or county
| thirty days next preceding any election; pro-
yides that no person convicted oftrcason or felony
in any State or Territory of the United States,
unless restored 10 civil rights, and no person who
after arriving at the age of eighteen years sinai!
have voluntarily borne arms against the United
States or held civil or military office under the
| allad(
unless an amnesty be granted TO such by the
Federal Government, and no idiot or insane per-
SON. shall be entitled 10 the privilege Of an ecetor
Section provides that no person shall DC
deemed to have gained or lost residence lot me
| purpose of voting while in the service OF the
United States, while student in any seminary OF
learning nor while kept in any almshouse' "sS-
lum or prison at the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis
tration IL required Of such voters.
Section prohibits arrests on civil process on
| election days.
section provides that all elections by the peo-
pie shall be- by ballot, and by the Legislature
| UfUa poee. ,.,.,.,,
law, and authorizes the Legislature TO prescribe
rrsr ar oaths "a tests of electoral quallncatlon.
section REQUIRES the levying of an annual poll
,ay of from two 10 four dollars on all male resi-
| dent, between the ages of twenty'one ana sixty
| veors of age unciviliZed American lcdians ex-
cented. ON. half to 60 for State and one-half Tor
county purposes The payment OF such tax may,
in the discretion of the Legislature, be maze
| condition TO the right Of voting Wa.
Section relates to the qualitcanons OF voters
on The adoption o. rejection Of this Constitution.
In Section tie words actually ana NOT con-
.trnrtiyelv" were not in the old Constitution
They were inserted TO prevent the possphlly OF
| reckoning the residence or the voter rom inc
ti,ne he leaves some other State or county 10
come TO Nevada In the last paragraph OF the
section. after idiot or insane the words or
disoyal person" occurred in the old Csnstltution'
Tns:e were stricken ont on the ground OF vague
ness and uncertainty, and because the preceding
mart Of the proviso was alleged TO cover 'he
ground sufficiently. ,,,,,,,,,,
The nroyIson in Section regarding additional
ootbs or tests of electoral qualifications was not
contained. at least specifically, In the old Con-
St,tntion. There arc some other changes In the
Article, but relating mGinly to phraSeology ana
arrangement -.---
,prrcLE m-pIsTRBUTloS OF POWERS.
This Article il identical with that of the old
| neutrality-suspicious. the powers OF the Gov,
srnment into Legislative, Executive and judicial
Departuents each separate and distinct from tue
ARTICLE iy-LEaIsLATIpE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the ART Monday of january following tho elec'
| 49, --.-.In.I Ganaral elections are To be