Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-03
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

tSthOSA' ~ 10 SASeItl SoAuSASeuS oCSupylu S
but fraction of the room required for the
publication of the whole document, but will
be found equally useful and far more con-
venient for reference:
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 liberation, dis
Claiming forever all right and title to unappropr-
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 citi
gems 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
ofthe State of Nevada
The preamble TO the Constitution is the same
as that of the old Constitution. Ii 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"
ARTICLE I-DEcLARATIoS OF RIGHTS
Section l declares all men by nature free and
equal possessing certain inaienable rights, etc,
the language Of the section being merely IN am
pktcation of the Declaration Of Independence
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 &c The Federal Govern.
nient in the exercise ofallitS 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 oil the United States. The
! Constitution 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 its laws the Federal Gov
! eminent may, by warrant OF the Constitution,
! employ armed force in compelling obedience 10
! its authority
Section establishes the right OF trial by Jury,
but provides that three-fourthS of u jury in any
| civil case may lind verdict unless the Lrgisla
| ture by u two-ihrdS vote shall require such yer.
| diets 10 be unanimous.
| Section requires perfect religious liberation
| and freedom OF conscience. No person to be cx.
| cluded AS witness on account of religious opin'
| ions.
| Section 5 secures the writ OF habeas corpus
except in eases of rebellion or invasion.
| Secuon prohibits excessive bail, cruel or I'M
| usual punishments, etc
| Section requires that all persons accused shall
be bailable except for capital offenSeS.
, Section prohibits trials for crime except on
| presentmcut or indictment, and establishes the
usual safeguards As to personal and property rights
| Section secures the freedom OF speech and OF
the press, and allows the truth to DC given in ev'
dcuce, in actions for libel by way ofjustiiication
Section 10 establishes the right of the people 10
1 hold public meetings, etc.
Section II subordnates the military To the civil
| nrubhifs n Sfaplup in time
and limits army appropriations in time Of war to
| two Years.
| Section II forbids the billeting of soldiers.
| Section b Representation shall be upportioned
| according to population.
Section II requires the exemption ola 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.
| tainder ex post facto law, or law impairiGg the
| obligation Of contracts.
Section 10 secures 10 foreigners. Oh becoming
bona tide residents, the same property rights rs
| native born citizens.
| Section II prohibits slavery.
Section Is protects the people against unrcaS'
enable searches and seizures, and restricts the is
| suing of search warrants.
| Section 70 deiiues treason against the State (Ls
in the United States Constitution), and requires
for conviction 1.-THE testimony of two witnesses
to the same overt act, or confession i'll open Court
Section 20 reserves to the people any and al
| rights not enumerated.
The most considerable change from the old
Constitution in this Article is in the "paramoun;
allegiance" clause of Section ., which in the old
Constitution read thus " But the paramount al
egiance of every citizen is due 10 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, 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 the Federal Govern
| ment TO maintain and perpetuate its existence
! and whensoever any portion Of the States, or PEG
| pie thereof, attempt to sccede from the teuefa
Union forcibly resist the execution OF its laws
| the Federal Government may, by warrant of the
Constitution. employ armed force in compelling
| obedience 70 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 IA, relative to Imprisonment for debt
on account of the adoption Of stringent provi'
| sions for the prevention and punishment ofdueng
| The provision in Section ~, relative to con
victons of treason, was not contained in the old
| Constitution.
| ARTICLE u-RIGHT OF SUFFRAGE.
! Section eonfers 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 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 arriving at the age Of eighteen years, shall
have voluntarily borne arms against the United
| States or held civil military office under the
so-caled 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 eleetor
Section provides that person shall be
deemed to have gained or lost residence for the
1 purpose of voting while in the service of the
] United States, while student in any seminary OF
| learning nor while kept in any almshouser asy'
| lum or prison at the public expense.
Section secures the right of suffrage to United
| States soldiers and sailors. Nc poll tax or regis
| tration Is required of such voters.
| Section 4'prohbts 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
rirG roce.
Section requires tho enactment of a registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification
| Section requires the leyying of an annual poll
| tax of from two to four dollars, all male resi-
dents between the ages of twenty.one and sixty
years of age, uncivilized American dans ex
| cepted, one-halfto go for State and one.half fol
county purposes. The payment OF such tax may
in the discretion of the Legislature, be made 4
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
structvely" 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 oil
disloyal 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 moi
contained, st least specifically, in the old Con
| stitutiou There are some other changes in the
Article, but relating mainly to phraseOlogy and
arrangement.
.prrcfP III-DIsTRIBUTIoN OF POWERS