Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-03
CONSTITUTION OF NEVADA.
coNsTTTUTToNloF NEVADA.

. s|. L
The following is complete and corrrc,
abstract Of the Constitution Of the STATE ~
Nevada, adopted on the seventh day of San.
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: . ....- i
Preceding the Constitution proper Is resolu-
ton adopting the Constitution of the United
States and an ordinance forever prohibiting Sla
very, securing perfect religious toleration, dis
claiming forever all right and titleto 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 cit
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 the people
of the State Of Nevada
The preamble to the Constitution Is the same
as that of the old Constitution. 1t reads thus:
" We, the people of the State of Nevada, CRATE
full to Almighty God for our freedom, In order to
secure It's blessings, insure domestic tranquility
and form more perfect Government, do estab-
tsh this Constitution"
ARTICLE I-DEcLARATIoE 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
pliacation of the Declaration of Independence.
Section , asserts that the doctrine of the lnhe-
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
&c leo fttnNi NJ
ers, as the same have bean 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 tho Stnte.. people theroof 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 to
its authority"
Section 3 establishes the right of trial by jury,
but provides that three-fourths Of jury In any
civil case may find verdict unless the Legisla
ture by two-thirdS vote shall require such YER
diets to be unanimous.
Section requires perfect religious liberation
and freedom OF conscience NO person 10 De eX.
cluded rs a witness on account of religious opin-
ions. -..-. '..n
Section 5 secures the writ of habeaS corpus,
except in cases Of rebellion or invasion.
Section prohibits excessive bail, cruel or un-
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section 8 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, aud allows the truth TO be given In ev
idence 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 TO the civil
power, prohibits standingarmy in time of peace,
and limits army appropriations in time of war to
two years.
Section 10 forbidS the billeting of soldiers.
Section Is. Representation shall be apportioned
| according to population.
Section Ia requires the exemption of a 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
thinder, ex post facto law, or law impairing the
obligation of contracts.
Section Ii secures TO foreigners on becoming
bona tide residents, the same property rights az
native-born citizens
Section II prohibits slavery
| Section IL protects the people against unrcas-
enable searches and seizures and restricts the Is
suing of search warrants
Section 10 defines treason against the State (as
| in the United States Constltution), and requires
| for conviction " the testimony of two witnesses
to the 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.
legance 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, or perform
any act tending 10 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 Govern
ment to maintain and perpetuate It's existence,
and whatsoever any portion of the States, orPeo,
pie thereof, attempt TO secede from the Federal
Union, 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, us 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 provi
siOnsfor the prevention and punishment ofduelling
The provision in Section 10, relative to con
victions of treason, was not contained in the old
Constitution
ARTICLE II-RIGHT OF SUFFRAGE.
Section l 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
! b;rtu dn, nrnaadiuu alaofinn ~
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
socalled Confederate States, or either of them
unless an amnesty be granted to such by TIT
Federal Government, and no idiot or insane per-
son, shall be entitled to the privilege Of an elector
Section 9 provides that no person shall bt
deemed 10 have gained or lost residence for TIT
purpose of voting while In the service Of the
United States, while student In any seminary o.
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 OF
election days.
Section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
UicG UOce.
Section requires the enactment of registry
law, and authorizes the Legislature to prescribe
rules oaths as tests of electoral qualification.
Section requires the levying Of an annual pol
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 | dians ex
cepted one.halfto 60 for State and Onc-half fol
county purposeS The payment Of such tax may
In the discretion of the Legislature, be made {
condition TO the right Of voting.
Section 8 relates TO the qualifications of voter'
on the adoption or rejection of this Constitution
In Section tie words actually and not con
structiyely" were not in the old Constitution
They were inserted TO prevent the possibility o
reckoning the residence or the voter from INT
time he leaves some other State or county t
come to Nevada. In the last paragraph Of thu
section, after Idiot or insane" the words Of
disoyal 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 TIL
ground sufficiently. ...
The provision in Section regarding addltiona
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