Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-01
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-
venient for reference:
Preceding the Constitution proper isa 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 unapproprl.
ated public lands, which are LEFT to the sole Ills
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
zens ofthe proposed state. These cnactments are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocable without
the consent of the United States and 9f the people
of the State of Nevada.
The preamble 10 the Constitution il the same
as that of the old Constitution. Ii reads thus:
We, the people of the State of Nevada, grute.
ful TO Almighty God for our freedom, in order to
secure its blessings, insure domestic tranquility
and form more perfect Government, do estab
fish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature flee and
equal, possessing certain inalienabe rights, ETC.,
the language OF the section being merely an am
pli6cation of the Declaration of Independence.
SecriOn : 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: " But the paramount allegiance
OF every citizen is due - the Federal Govern
ment in the exercise of all It's constitutional pow
crs, 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 of 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
to 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 i'll compelling obedience 10
its authority"
Section 3 establishes the right of trial by jury,
but provides that three-fOurth of a Jury In any
civil case may find verdict unless the Legisa
ture by two-thrds vote shall require such YER
diets to be unanimous.
section requires perfect religious liberation
and freedom OF conscience. No person to be ex-
Guided as witness on account of religious opip-
ions.
Section 5 secures the writ of habeas corpus
except ll tASSs OI TtOtlllOn or INFUSION.
Section 6 prohibits excessive bail, cruel or UNI
usual punishments, etc
Section requires that all persons accused shall
be bailable except for capital offenses
Section { prohibits trials for crime except on
preseutment or indictment, aud establishes the
usual safeguards as 10 personal and property rights
Section secures the freedom OF speech and Of
the press and allows the truth to be given in ev-
dence, in actions for libel by way ofjustitcation
Section 10 establishes the right of the people 10
hold public meetings, etc.
Section IL Subordnates the military TO the civil
power, prohibits a standing army in time OF peace,
and limits army appropriations in time of war 10
two years.
Section IL forbids the billeting OF soldiers.
Section l3 Representation shall be gpportiOned
according to population.
Section Ii requires the exemption of u reasonable
amount of property from execution for debt, and
torbids imprisonment for debt except in case Of
fraud, libel or SANDER
Section Is iorbidS the passage OF any bill OF at.
tainder, ex post facto law, law impairing the
obligation OF contracts.
Section 10 secures TO foreigners, on becoming
bona ide residents, the same property rights rs
native born citizens
Section II prohibits slavery.
Section ls protects the people against unreas-
enable searches and seizures, and restricts the is
suing of search warrants.
Section l9 defines treason against the State las
in the United States COnstitution), and requires
for conviction the testimony of two witnesses
to the same overt act, or confession i'll 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 2, which in the old
Constitution read thus But the paramount al
legiance of every citizen is due to the Federal
Government and no power exists in the people
OF this 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, orpeo.
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 to its authority.
Section IL of the old Constitution, prohibiting
the Legislature from granting special privileges
etc. WAS stricken out, as being sufficient provi.
ded for in the article on Legislative Department
The words libel or Islander" were inserted
in Section Il, relative to Imprisonment for debt
on account of the adoption OF stringent provi
sionsfor the prevention and punishment Otduellng
The provision in Section H. relative to con
victions of treason, was not contained in the old
Constitution
ARTICLE I-RIGHT 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 constructvely resided in the
State six months, and in the district or county
thirty days next preceding any election; = pro.
ydes 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 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 eleetor
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 8 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
uira pocc.
Section 6 requires the enactment of q registry
law and authorizes the Legislature 10 prescribe
rules or oaths as tests of electoral qualification
Section requires the levying OF an 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, uncivilized American / dans ex.
cepted, oneh half to go for State and one-half for
county purposes The payment of such tax may,
in the discretion of the Legislature, be made II
condition to the right of voting.
Section = relates to the qualifications ofvoters
on the adoption 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
disoyal person" occurred in the old Contribution.
These were stricken out on the ground OF vague
ness and uncertainty, and because the preceding
part Of the provso 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 phraseOlogy and
arrangement.