Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-30
~ CONSTITUTION OF NEVADA.
coNsTITUTIoNIoF NEVADA.

abstract of the Constitution of the State of
Nevada, adopted on the seventh day of Sep
TENDER. 1t is greatly condensed, occupying
but 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:
Preceding the Constitution proper il n resolu.
uon adopting the Constitution of the United
STATES and IN ordinance forever prohibiting sla.
EeLy, securing perfect religious liberation dis.
eiaiug forever all right and title to unappropri.
atee puoile lands, which are left to the sole dis.
position of the United States; exemptinr from
taxation all lands and other property of the Uni.
teu otntcs, and declaring that lands of non .resi
uen's small not be taxed higher than lands of Gill.
zehS otthe proposed State. These enactments are
maue IN compliance with the terms of the Ena
UhhB Aet, and are declared irrevocable without
the consent of the United States and of tho neonIe
OF the State of Nevada.
Inc preamble to the Constitution IL the same
rs that OF the old Constitution. II reads fins.
we mo people of the State of Nevada CRATE
iul to Almighty God for our freedom, in order to
secure Its blessings, insure domestic TRANQUILITY
and form more perfect Government do estab
lsh this Constitution"
ARTICLE I-DECLARATIoN 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.
pHtcation 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 i'll the exercise of all its constitutional now
ers,a the same have been or may be defined by
tho 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, subyert 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 whensoeyer any
portion OF the States, or people thereof, attempt
to scccde from the Federal Union, or forcbly 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"
Section establishes the right of trial by Jury,
but provides that three-fourths of a Jury in any
civil case may find verdict unless the Legisla.
ture by atwO-thirds vote shall require such yer.
diets TO be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person to be ex-
cluded rs WITNESS on account of religious opin-
ions.
Section > secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that NIL persons accused shall
be bailablc, except for capital offenses
Section prohibits trials for crime except on
prcsentment or indictment, and establishes the
safeguards MS to personal and property rights
Section secures the freedom of speech and of
the press, and allows the truth to be given in ev-
dencr, i'll actions for libel by way of Justification.
Section 10 establishes the right of the people to
hold public meetings, etc.
Section II subordnates the military TO the civil
power, prohibits n standing army in time of peace,
and limits army appropriations in time of war to
two years.
Section II fOrbds tho billetinS of soldiers.
Section b. Representation shall be upportioned
according TO population.
Section II requires the exemption Of reasonable
amount OF property from execution for debt, and
forbids imprisonment for debt, except in case Of
fraud. libel or SANDER"
Section Is forbids the passage of any bill Of at
taindrr, OK post factO law, or law impairing the
obligation of contracts.
Section Ii secures TO foreigners, on becoming
bona tde residents, the same property rights as
nativc.bOrn citizens.
Section II prohibits slavery.
Section lS protects the people against unrcas-
enable searches and seizures, and restricts the is
suing of search warrants.
Section - defines treason against the State (as
in the United States Constitution), and requires
for conviction the testimony of two Witnesses
to the same overt act 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 ., which in the old
Constitution read thus But the paramount al
Iapin nf pit is IN hp
Government; and no power exists in the people
of this or any other State in the Federal Union 10
dissolve their connection 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 OH the Federal Govern
| mcnt to maintain and perpetuate its existence,
and whatsoever any portion of the States or peO-
pie thereof, attempt to secede from the Federal
Union, 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, WAS stricken out. as being sufficiently prov
dcd for in the article on Legislative Department
The words "librl or Islander" Were inserted
in Section Il, relative to imprisonment for debt,
on account of the adoption of stringent prOvi-
sOnSfOr the prevention ACCOMPLISHMENT ofduelng
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 on every
white male citizen of the United States, twenty
one years of age and upwards, "whO shall have
actually and not constructvely 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 or felony
In any State or Territory of the United States,
unless restored to civil rights, and no person who,
after nrriving ut the age of eighteen years. shall
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 IN amnesty be granted to such by the
Federal Government and no idiot or insane per-
SON. shall be entitled to the privilege of an eector
Section provides that no person shall be
deemed 10 have gained or lost residence for the
purpose of voting while In the service of the
United States, while student in any seminary of
learning, nor while kept in any almshouse, asy.
lum or prison ut the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors No poll tax or regis
tra,ion 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, md by the Legislature
Uira Uocs.
Section requires the enactment of registry
law, and authorizes the Legislature to prescribe
rules or oaths az tests of electoral qualification.
Section requires the levying of IN annual poll
tax of from two to four dollars, on all male resi-
dents between the ages of twenty-one and sixty
years of age, uncivilized American lEdians ex-
ceptcd, one half to go for State and One-half for
county purposes The payment of such tax may,
In the discretion of the Legislature, be made
condition TO the right of voting.
Section relates to the qualifications OF voters
on the adoption or rejection of this Constitution.
In Section tie words actually and not con-
structivcly" were not in the old Constitution
They were inserted to prevent the possibility of
reckoning the residence or the voter from the
time he leaves some other State or county to
come to Nevada In the last paragraph of the
section after idiot or insane" the words " or
disloyal person" occurred in the old Constitution.
These were stricken out on the ground OF vague
ness and uncertainty, and because the preceding
purt of the proviso was alleged to cover the
ground sufficiently.
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
contained, at least specifically, in the old Con-
stitutiOn. There are some other changes in the
Article, but relating mainly to phraseoogy ana
arrangement
ARTICLE III-pIsTRIBUTIoS OF POWERS.
This Article IL identical with that OF the Old
Notwithstanding the powers OF the Coy;
eminent into Legislative, Executive anu Juue, ,