Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-02
r CONSTITUTION OF NEVADA.
CONSTITUTION. OF NEVADA.


Nevada, adopted on the seventh day Of Sep
TENDER. 1t is greatly condensed, occupying
but a fraction Of the room required for the
publication Of the whole document, but will
be found equally useful and far more con-
yenient for reference: s- 81 a--s4
Preceding the Constitution proper is a resolu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sla'
very, securing perfect religious federation, dis
claiming forever all right and title to unappropri'
ated public lands, which are left to the sole dis
position of the United Statesi exempting from
taxation all lands and other property of the Uni
ted States and declaring that lands Of non.rest-
dents shall not be taxed higher than lands OF citi
zens ofthe proposed State. These enactments are
made in compliance with the terms Of the Ena
bling Act, and are declared irrevocable without
the consent of the United States and OF the people
| of the State of Nevada. sr.,.r.-
| The preamble to the Constitution ia the same
| as that Of the old Constitution. It reads thus:
We, the people of the State of Nevada, CRATE.
full to Almighty God for our freedom, in order TO
secure its blessings insure domestic tranquility
and form more perfect Government, do estab-
lish this Constitution gEr-
ARTICLE I-DEcLARATIoH OF RIGHTS.
| Section declares all men by nature free and
equal, possessing certain inalienable rights, etc.
| the language of the section being merely an am
| plihcation Of the Declaration of Independence
Sectlon 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: IL But the paramount allegiance
Of every citizen Is due to the Federal Govern.
ment, in the exercise of all 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 whensoever any
portion of the States, or people thereof, attempt
to secede from the Federal Union, or forclbly re-
| sist the execution of its laws, the Federal Gov
eminent may, by warrant Of the Constitution,
employ armed force In compelling obedience to
| its authority" -.r
Section establishes the right of trial by jury,
| but provides that threefourths Of jury In any
civil case may find a verdict unless the Legisla
| ture by two-thrds vote shall require such YER
diets to be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person to be eX-
cuded as a witness on account Of religious opin.
| ions. -. o. .-.r...
Section secures the writ of habeas corpus,
|
Section s prohibits excessive bail, cruel or nm
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
usual safeguards TO personal and property rights
Section . secures the freedom of speech and OF
the press, and allows the truth to be given IN ev'
ldence in actions for libel by way classification
Section 10 establishes the right of the people to
hold public meetings. etc.
Section II subordinates the military 10 the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time Of war &c
two years
Section 10 forbids the bille,ng of soldiers.
Section l3 Representation shall be apportioned
according to population.
Section IA requires the exemption Of q reasonable
amount OF property from execution fer debt, anC
forbids Imprisonment for debt, except In case o.
fraud libel or SANDER"
Section Is forbids the passage Of any bill Of at
| tainder, ex post facto law or law impairing thu
| obligation of contracts.
Section 10 secures TO foreigners, on becoming
bona ide residents, the same property rights a.
native.bOrn citizens
Section II prohibits slavery.
Section ls projects the people against unreaS
onqble searches and seizures, and restricts the ~
suing Of search warrants.
Section 10 defines treason against the State (ai
in the United States Constitution), and requires
| for conviction " the testimony of two witnesses
to the same overt act or confession In open Court
Section 20 reserves to the people any and all
rights not enumerated
The most considerable change from the old
| Constitution in this Article is in the paramount
| allegiance" clause Of Section 2, which in the old
| Constitution read thus: 90 But the paramount al.
| leGiance of every citizen Is due 10 the Federal
! Government; and no power exists in the people
Of this any other State In the Federal Union 10
dissolve their connection Herewith, or perform
any act tending to impair, subrert or resist the
| supreme authority of the Government Of the
United States The Constitution Of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate Its existence
| and whensoever any portion Of the States, or peo
pie thereof, attempt to secede from the Federal
Union or foreibly resist the execution of its laws
the Federal Government may, by warrant OF the
Constitution. employ armed force in compelling
| obedience to Its authority" 49,
| Section II Of the old Constitution prohibiting
the Legislature from granting special privileges
etc., was stricken out, as being sufficiently provi
ded for in the article on Legislative Department
The words libel or Islander" were inserted
in Section IA, relative to imprisonment for debt
on account Of the adoption of stringent pfovi
sOns for the prevention and puDishment otduellinl
The provision in Section 10, relative to con
victions of treason, was not contained in the old
Constitution. tr..
ARTICLEII-RGH OF SUFFRAGE.
Section confers tho right of suffrage on every
white male citizen Of the United States, twenty
one years Of age ind upwards, "whO shall have
actually and not constructivcy resided in The
State six months, and in the district or county
thirty days next preceding any election pro
vides that no person convicted oftreason orfelony
in any State or Territory Of the United States
unless restored TO civil rights aud no person who
after arriving at the age of eighteen years, shat
have voluntarily borne arms against the United
States or held civil or military Office under the
so.called Confederate States, or either OF them
unless an amnesty be granted to such by the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege of IN elector
| Section provides that no person shalI DC
deemed to have gained or lost residence for the
purpose of voting while In the service OF INC
| United States while student in Hny seminary oi
learning, nor while kept in any amshouse' asy'
lum or prison at the public expense.
Section 3 secures the right of suffrage TO United
States soldiers and sailors. Nc poll tax or regis
traiion Is required of such voters.
Section 4 prohibits arrests on civil process OIL
| election days.
| Section provides that all elections by the peo'
pie shall be by ballot, ind by the Legislature
section requires the enactment Of a registry
law, and authorizes the Legislature 10 pTescrioe
rules or oaths az tests Of electoral qualification
| Section requires the IefylnB VI AL onuu"4 ~.
tax of from two to four dollars, on all male resi-
dents between the ages of twenty.one and sixty
wears of age, uncvzed American rdians ex'
cepted one. half to go for State and one'hslf for
county purposes The payment Of such tax may,
In the discretion of the Legislature, DO made
| condition 10 the right Of voting.
section relates to the qualifications ofvoiers
ON the adoption or rejection of this Constitution
| In Section tie words actually and not con-
structively" were not in the old Constitution n
They were Inserted to prevent the possioilty o.
reckoning the residence or the voter from tne
time he leaves some other State or county 20
come 70 Nevada In the last paragraph OF tne
section. after idiot or insane" the words OF
disloysl person" occurred in the old Constitution
| These were stricken ont on the ground OF vague.
ness and uncertainty, and because the preceding
4 part Of the proyiso was alleged 70 cover N'
ground sufficiently. ~ 3 ~. -. ,,,.,o,o,
The provision in Section regarding additional
oathE Or tests Of electoral qualifications was nos
contained at least specifically, In the oia Ion on:
stitntIon, There are some other changes N Ins
Article, but relating mainly to phra'eoIosy ana
arrangement
ARTICLE REDISTRIBUTION OF POWERS.
| =. = hat n