Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-10
CONSTITUTION OF NEVADA,
CONSTITUTION OF NEVADA.

Nevada, adopted on the seventh day Of Sep
TENDER. 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 is a resolu-
ton adopting the Constitution of the United
States and all ordinance forever prohibiting sla-
very, securing perfect religious federation, dis
claiming forever all right and title to unappropri
ated public lands, which are left to the sole dis
positio of the United States eXempting from
taxation all lands and other property of the Uni
ted States, and declaring that lands of nonresi-
dents shall not be taxed higher than lands of ciii
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 of the people
of the State of Nevada
The preamble TO the Constitution il 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 a more perfect Government, do estab
lsh this Constitution"
ARTICLE I-pEcLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain iualienabc rights, etc,
the language of the section being merely an am.
plifcation of the Declaration of Independence.
section : asserts that the doctrine of the inhe-
rent political power of the people, and their right
10 establish OF change their form OF Government,
and continues: " But the paramount allegiance
of every citizen is due T. the Federal Govern
ment in the exercise OF all its 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, subYert or resist the supreme authority
of the Government of the United States. The
l. Constitution of the United States confers full
power on the Federal Government 10 maintain
and perpetuate its existence and whensoeYer 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
ernmrut 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 n jury in any
civil case may find u verdict unless the LegiSla
ture by two thirds vote shall require such yer.
diets TO be unanimous
Section requires perfect religious federation
and freedom OF conscience. No person to be ex-
cluded as u witness on account OF religious opp.
ions.
Section secures the writ of habeas corpus,
except In eases of rebellion or invasion
section pTOulDlIS excessive DILL crtlel or UNI
usual punishmentS, etc
Section requires that all persons accused shall
be 5aiable, except for capital offenses.
Section prohibits trials for crime except on
presentment or Indictment and establishes the
acknowledgements asto 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 classification
Section 10 establishes the right of the people 10
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 forbds the bille,ing of soldiers.
Section 10. Representation shall be apportioned
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
fraud, libel or SANDER"
Section 10 forbids the passage of any bill of at
thindcr, eS post factO law, or law iIupairing the
obligation OF contracts.
Section 10 secures TO foreigners, on becoming
bona tide residents the same property rights as
natiye-born citizens.
Section II prohibits slavery.
Section Is protects the people against unreaS-
ouable searches and seizures and restricts the is.
suing of search warrants.
Section 10 defines treason against the State (as
in the United States Constitution, and requires
for conviction the testimony OF two witnesses
to the same overt act, or confession in open Court
Section 20 reserves 10 the people any aud all
rights not enumerated.
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance clause of Section J, which i'll the old
Constitution read thus: But the paramount al
egiauce of every citizen is due TO the Federal
Government and no power exists in the people
of this OF 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 on the Federal Govern
ment TO maintain and perpetuate Its existence,
and whatsoever any portion of the States, or peo'
pie thereof attempt to Secede from the Federal
Union or forcibly resist the execution of its laws
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience ~ its authority.
Section II OF the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out as being sufficiently prOri.
ded for in the article on Legislative Department.
The words 81 libel or SANDER" were inserted
in Section Il, relative TO imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention and punishment ofduelling
The provision in Section -, relative to con-
victions of treason, was not contained in the old
Constitution.
ARTICLE Il-RIGHT OF SUFFRAGE.
Section l coufers 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 constructiyely 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 OF felony
in any State or Territory of tine 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
socalled 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 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 3 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.
Section provides that all elections by the peO.
pie shall be by ballot and by the Legislature
rird r0ce
Section requires the enactment of a registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification.
Section requires the levying of annual poll
tax of from two TO four dollars OH all male resi-
dents between the ages of twenty.one and sixty
years Of age, uncivilized American IcdianS ex-
cepted, one-halfto 60 for State and one-half for
county purposes. The payment OF such tax may,
in the discretion of the Legislature, be made
condition TO the right voting
Section relates to the qualifications of voters
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 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 " or
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 not
contained, at least specifically, in the old Con.
stitution. There arc some other changes in the
Article, but relating mainly to phraseology and
arrangement.
ARTICLE REDISTRIBUTION OF POWERS.
NH. Ar,icl. To r,dentical with tho, IF a., ia