Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-05
1c,,osNnss, T111TusTt1oN1 NO, Of NEVADA.

ton adopting the Constitution of the United
states and an ordinance forever prohibiting sla.
very, securing perfect religious liberation dis.
claiming forever all right and title to unapprOprl
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.resi-
dents shall not be taxed higher than lands of cl.
zpns 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 10 the Constitution is the same
M that of the old Constitution. II reads thus
ave, the people of the State Of Nevada, grHte-
fIl TO Almighty God for our freedom, In order 10
secure its blessings. insure domestic tranquility
and form n more perfect Government, do csta0'
Ish this Constitution"
ARTICLE I-DEcLARATIoS OF RIGHTS.
Section declares all men by nature tfee ana
EQUAL possessing certain nalenable rights, ETC.,
the language of the section being merely an am
pliticatjOu 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: I" But the paramount allegiance
of every citizen is due TO the Federal Govern
neut in the exercise of all its constitutional pow
ers, as the same have been or may be defined Oy
the supreme COuTl VI inc Oulltu DLd'Sbt uhu -"
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
Con tituliOn of the United States confers full
power on the Federal Government TO maintain
and perpetuate Its existence and whatsoever any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
siSt the execution of It's laws, the Federal Gov
eTnmrnt may, by warrant OF the Constitution,
employ armed force in compelling obedience to
its authority"
Ssction 3 establishes the right Of trial by Jury,
utProSides that three-fourIhs of jury i'll any
civil case may find verdict unless the LegiSla
ture BY Il twO-thirds vote shall require such yer.
diets to be unanimous.
sectinn 4 requires perfect religious liberation
and freedom or conscience. No person 10 be ex.
Guided US witness Oh account Of religious opin'
ions.
Section S secures the writ of habeas corpus
except in cases of rebellion or INFUSION.
Section & prohibits excessive bGh, cruel or un'
usual puniShments etc
Section requires that all persons accused shall
be bailable except for capital Oifcnsrs.
Section prohibits trials for crime except on
presentrnent or Indictment, and establishes the
usual safeguards 10 personal and property rights
Section secures the freedom of speech aud Of
the press, and allows the truth to be given IN ev.
ideRcr in actions for libel, by way ofJusttcarion
Section 10 establishes the right Of the people TO
hold public meetings, etc
Section II subordiuates the military TO the civil
power. prohibits a standing army In time Of peace,
and limits army appropriations i'll time of war to
two years.
Section 10 forbids the bletiuE Of soldiers.
Section -. Representation shall be apportioned
according to population.
Section IL requires the exemption ola reasonable
amount Of property from execution for debt, and
torbids imprisonment for debt, except in case OF
fraud, libel or Islander"
Section IS forbids the passage Of any bill Of at.
thinder, ex posi- iacto law, or law impairing the
obligation OF contracts.
Section 10 secures 10 foreigners, on becoming
bona tide residents, the same property rights rs
native-born citizens.
Section IL prohibits slavery.
Section IL protects the people against unreas
enable searches and seizures, and restricts the Is
suing Of search warrants.
Section ~ detiues treason against the State (as
in the United States Constitution), and requires
for conviction "ihs testimony of two witnesse;
to the same overt act or confession In open Court
Section 20 reserves TO the people any and "
rights not enumerated
The most considerable change from the old
Constitution in this Article il in the paramount
allegiance clause of Section ?, which In the old
Constitution read thus: " But the paramount al
legancc Of every citizen is due TO the Federal
Government and no power exists in the people
OF this or any other State in the Federal Union 10
dissolve their connection Herewith b, 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 conters full power on the Federal Govern
ment to mulntain and pcrpetuate its existence,
and whatsoever any portion OF the Stntes, or peo
pie thereof attempt to secpde from the Federal
n r. r fOrcibly \
the Federal Government may, by warrant Of the
Constitution, employ armed force in compelling
obedience To its authority
Section IL OF the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, us being sufficiently prov'
ded for in the article on Legislative Department.
The words libel or Islander" were inserted
in Section II, relative to imprisonment for debt,
ON account Of the adoption of stringent provi'
sions for the prevention and punishment ofduellng
The provision in Section l9, relative 10 con
victonS of treason, was not contained in the old
Constitution.
ARTICLE II-lIoHT 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 consiructively resided in the
State six mohrhS, and in the district or county
thirty days next preceding any election" pro
vidcs 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
utter 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 an elrctor
Section provides that no person shall br
deemed TO have gained or lost residence for the
purpose Of voting while in the service of the
United States, while Il student in uny seminary Of
learning, nor while kept in any almshuuSe, aSy.
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 Is required Of such voters.
Section prohibits arrests on civil process on
election days.
section 5 provides that all elections by the peo.
pie shall be by ballot, and by the Legislature
rird coce.
section requires the enactment Of a registry
law, and authorizes the Legislature to prescribe
rules or oaths HIS tests Of electoral qualification.
Section requires the levying of 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, uncivIized American / dams eX.
cepted, one.half to 60 for State aud one.lalf for
county purposes. The payment of such tax may,
in the discretion Of the Legislature, be made u
condition TO the right Of voting.
Section = relates to the qualifications of voters
on the adoption or rejection OF this Constitution.
In Section tia words actually and not 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 TO
come to Nevada In the last paragraph Of the
sec ion after idiot or insane" the words " or
dsloyal person" occurred In the old Constitution
These were stricken out on the ground Of vague.
neSs and uncertainty, and because the preceding
part 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 and
arrangement
ARTICLE 1II-DIsTRIBuTIoS OF POWERS.
This Article il identical with that of the old
Constitution-dividing the powers of the Gov.
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEGIsLATIvE DEPARTMENT
Provides for biennial sessions, to commence on
the first Monday of january following the elec
ton OF members General elections are to BIZ
held on the Tuesday after the first Monday In
November. Senators hold Office for four years
and Assemblymen for two years. The usual
powers of parliamentary bodies are conferred.
No member may hold any Office created during
his term until one year after the expiration of
such term. No person holding lucrative office
under the United States or any other Govern
ment can hold any office under the State except
Commissioners of Deeds, and Postmasters whose
does not exceed $500 per annum.
defalcation and bribery are made