Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-09
CONSTITUTION OF NEVADA.

The following is complete aud correct
abstract Of the Constitution Of the State Of
Nevada, adopted on the seventh day of Sep
tember. 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 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 unappropr.
atcd 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.resi-
dents shall not be taxed higher than lands of cli.
| zens of the 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.
The preamble to the Constitution is the same
as that of the old Constitution. 1t reads thus {:
I'VE, 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-
lsh this Constitution"
ARTICLE EI-DECLARATIoS OF RIGHTS
Section declares all men by nature free and
equal, possessing certain inaienable rights, etc.,
| the language of the section being merely am
| pfcation 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 all its constitutional pow
ers, as the same have been or may be defined by
al. 80 IT.xlt
| 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
| Con4titution Of the United States confers full
| power on the Federal Government to maintain
and perpctuate its existence, and whensoever any
portion of the States, or people thereof attempt
to secede from the Federal Union or forcibly re.
sist the execution Of its laws, the Federal Gov
ernment 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 jury in any
civil case may find verdict unless the Legisa
ture by two-thirds vote shall require such YER
diets TO 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 6 prohibits excessive bail, cruel or I'm.
usual puniShments, etc
Section requires that oil persons accused shall
be baiable, except for capital offenses.
Section 8 prohibits trials for crime except on
preSentmcnt 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
idence, in actions for libel by way ofjustihcation
Section 10 establishes the right Of the people to
hold public meetings, ETC.
Section II subordinates 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 billeting of soldiers.
Section l3. Representation shall be upportioned
according to population.
Section IL requires the exemption Of q reasonable
amount Of property from execution fer debt, and
forbids imprisonment for debt, except In case Of
fraud, libel or SANDER"
Section Is forbids the passage Of any bill of at
tander, eX post facto law or law impRiring the
obligation OF contracts.
Section Ii secures 10 Foreigners on becoming
bona tide residents, the same property rights as
naiivc-born citizens.
Section II prohibits slavery.
Section ls protects the people against unreas.
enable searches and seizures and restricts the is
suing of search warrants. -.s
Section l9 defines treason against the State (as
in the United States Constitution) and requires
for conviction "tho 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
ConEtitution in this Article Is in the paramount
allegiance clause of Section q which in the old
Constitution read thus: But the paramount al.
legiance of every citizen is due to the Federal
Government and no power exists In tho people
of this 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
'tates cOnfers full power on the Federal Govern
ment to maintain and perpetuate It's existence.
and whensoever any portion of the States, or peo
pie thereof, attempt to secede from tho Federal
Union, or forcby 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, rs being sufficiently provi
ded for in the article on Legislative Department.
The words libel or slander" were inserted
in Section II, relative 10 Imprisonment for debt,
on account Of the adoption Of stringent provi.
sons for the prevention and punishment ofduellng
The provision in Section l9, relative to con-
victions of treason, was not contained in the old
Constitution.
ARTICLE u-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 constructively resided in the
State six months, and in the district or county
thirty days next preceding auy election :" pro-
vides that person convicted oftreason or felony
In any State or Territory of the United States
unless restored to civil rights, and no person who
after arriving at 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 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 shall be
deemed to 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 at the public expense
Section secures the right of suffrage to United
States soldiers and sailors No poll tax or regis.
tration Is required of such voters. ...
Section prohibits arrests on civil process on
election days. -. l-.
Section provides that all elections by the peo.
pie shall be by ballot, and by the Legislature
piud uocc
Section requires the enactment Of registry
law, and authorizes the Legislature to prescribe
rules or Oatns as tests OF electoral quhllnCuuon
Section requires the leyying of IN annual poll
tax of from two to four dollars, on all male resi-
dents between the ages of twenty and sixty
wears of age, uucivilized American / dians ex'
cepted one-half to go for State and one-half Tor
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 rejection of this Constitution.
In Section tie words actually and mot con-
structively" 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 10
come to Nevada In the last paragraph OF the
section after Idiot or insane" the words or
dlsloyal person. occurred in the old Constitution.
These were stricken out on the ground OF vogue.
ness and uncertainty and because the preceding
part of the proylso was alleged to cover the
ground sufficiently. g.s
The provision in Section regarding additional
osths 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 phrasoOlogy and