Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-04
cnNsrIrrrIuN OF NEVADA.
ooNsTTTUTToNfoF NEVADA.

tsmber. It Is greatly condensed occupying
hut +. fraction of the room required for the
uuhfcation Of the whole document, but viii
Be- fund equally useful and far more con-
venient for reference:
Precedine the Constitution proper Isl resolu.
ton adopting the CONSTITUTION OF the United
States and an ordinance forever prohibiting sla-
yery, securing perfect religious federation, dis
elainng forever all right AID title TO unappropri
a,ed public lands, which are left TO the sole dis
position Of the United States; exempting from
taxation al lands and other property of the Uni
ted States, ind declaring that lands Of non-resi-
dents shall not DO taxed higher than lands Of ci;i
sens ofthe proposed Ssste These enactments are
made in compliance with the terms of the Era
bling Act, and are declared irrpyocable without
the consent Of the United States and fthe people
of the State of Nevada
The preamble TO the Constitution Is the same
as that OF the old Constitution. Y reads thus
We, the people Of the State Of Nevada, CRATE
ful to Almighty God for our freedom. IN order TO
sseure its blessings, insure domestic tranquility
and form q more perfect Government, do estab-
hse this Constitution" ~,
ARTICLE I-DEcLARArIoN OF RIGHTS.
Section declares all men by nature NEE and
equal possessing certain inalienable rights, etc,
The language Of the section being merely an am
pliheation 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
nent in the exercise of Hits constitutional pow
srs, 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 70 Dissolve thar con-
nection Herewith, or perform any act tending TO
impair, subyert or resist the supreme authority
0ff he ant At hal f,sea Tba
Constitution of the United States eonfers full
power on the Federal Government 10 maintain
and perpetuate lis existence, and whensoever any
portion Of the States, or people thereof, attempt
70 Secede from the Federal Union, or foreihly re-
sist the execution OF Its laws, the Federal Gov
eminent may, by warrant Of the Constitution,
employ armed force in compelling obedience to
iss 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 Legisla
ture by q two-thirds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious federation
and freedom Of conscience. No person TO be ex'
eludsd as = witness on account Of religious opin'
ionL
Section 5 secures the writ of habeas corpus
except in cases of rebellion or invasion. ..
Section prohibits excessive bail, cruel or IN
usual puniShments, etc
be bailable, except for capital offenSeS.
Section prohibits trials for crime except or
presentnent or indictment, and establishes tn,
usual safeguards as TO personal and property rights
Section 9 secures the freedom OF speech and o
the pres1 and allows the truth TO be given IN ev
dence IN actions for libel, BY way Of Justification
Section 10 establishes the right Of the people &c
hold public meetings, etc.
Section u subordinates the military 10 the civil
power, prohibits standing army in time OF peace
and limits army appropriations in time OF war 70
Two years.
Section 70 forbids the bille;inS of soldiers.
Section IL Representation shall be spportioned
according 10 population.
Section II requires the exemption Of reasonable
amount of property from execution Tor debt, and
torbids imprisonment for debt, except in case OF
frand. libel or SANDER"
Section Is forbids the passage of any bill Of at
tAinder ex post facto law, or law impairing the
obligation Of contracts.
Section 10 secures TO foreigners, on becoming
bona hde residents, the same property rights u,
pative-born citizens
Section II prohibits slavery. ...
Section 10 protects the people against unreas
enable searches and seizures, and restricts the Is
suing of search warrantS
Section l9 defines treason against the State (as
In the United States Consfitution). and requires
for conviction "the testimony of two witnesses
to the same overt act or confession in open Court
section rSStENes 20 tue pcOplc any ouA al
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.
lsgianes Of every citizen is due to the Federal
Government; and no power exists in the people
of this or any other Stale in the Federal Union 70
dissolve their connection 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 eonfers full power on the Federal Govern
ment TO maintain and perpetuate its existence
and whensoever any portion of the States, or peo
pie thereof, attempt TO seesde from the Fedora
Union or forcibly resist the execution oft laws
the Federal Government may, by warrant OF tn
Constitution. employ armed force in compelling
obedience 10 its authority.
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges
ETC., stricken out, As being sufficiently proVi
ded for in the article on Legislative Department
The words libel or Islander" were inserted
II Section IA, relative TO Imprisonment for debt
on account of the adoption of stringent Prov
sionsfor the prevention andpuniShment ofduelling
The provision in Section -, relative TO con
Yictions of treason, was not contained in the old
Constitution.
ARTICLE u-RIGHT OF SUFFRAGE.
Section eoufers 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 eonstructiyely resided in the
State SIX months, and in the district or county
thirty days next preceding any eleetion; pro
yides that no person convicted ofreason or felony
IN any State or Territory of the United States
unless restored to civil rights and no person who
sfter arriving at the age of eighteen years, shall
have voluntarily borne arms against the United
States or held civil military office under the
so-called Confederate States, or either Of them,
unless an amnesty be granted 10 such by the
Federal Government, and no idiot or insane per-
son. shall be entitled TO the privilege Of an electo
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 at the public expense.
Section 3 secures the right OF suffrage 10 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.
Section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
vfrd roee.
Section requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests of electoral qualification.
Section requires the levying of an annual pol
tax Of from two 10 four dollars, on all male resi-
dents between the ages of twenty-on and sixty
years of age, uneiyllized American Icdians ex
county purposes. The payment Of such tax may
in the discretion Of the Legislature be made q
condition 10 the right Of voting.
Section relates TO the qualifications of voter
on the adoption or rejection Of this Constitution
In Section tie words actually and not con
structively" were not in the old Constitution
They were inserted to prevent the possibility o.
reckoning the residence or the voter from the
time he leaves some other state or county ia
come TO Nevada In the last paragraph Of the
section, after idiot or insane" the words "Oi
diSloyal person" occurred in the old Consultation
These were stricken out on the ground Of vague
ness and uncertainty, and because the preceding
part Of the provisO WAS alleged 10 cover the
ground sufficiently. ~
The provision in Section regarding additional
oAths or tests Of electoral qualifications was MOI
contained, at least specifically, in the old Con
sGtution- There are some other changes in the
Article, but relating mainly to phraseology and
Arrangement
ARTICLE m-DISrRIBUTIoS OF POWERS
This Article ia identical with that of the old