Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-09
CONSTITUTION OF NEVADA.
ic-;ioNsTITUTIoN OF NEVADA.

puOucuLlOn OI the WnOle document, uuL Will
be found equally useful and far more con-
Nenient for reference:
Preceding the Constitution proper is u reSolu-
ton adopting the Constitution OF the United
States and an ordinance forever prohibiting sla-
very, securing perfect religious federation, 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 cti-
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
of the State of Nevada
The preamble TO the Constitution is 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 10
secure its blessings, insure domestic tranquility
and form a more perfect Government, do esta6-
fish this Constitution"
ARTICLE I-DECLARATIoN 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
plitcatiOn of the Declaration of Independence,
section asserts that the doctrine of the nhe-
rent political power of the people, and their right
to establish or change their form of Government,
ana continues. Dut luc altHldlCe
of every citizen is due u sae 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, subvert resist the supreme authority
of the Government of the United States. The
| Constitution of the United States cOnters full
power on the Federal Government TO maintain
and perpetuate its existence, and whatsoever any
portion of the States or people thereof, attempt
| 10 sccede from the Federal Union 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,
1 but provides that threc-fourths Of jury in any
| civil case may linda verdict unless the Legisla
ture by a two-thirds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person TO be ex-
cluded as witness on account of religious opiu.
Ions.
Section secures the writ of habeas corpus
except in cases of rebellion or invasion.
Secuon 8 prohibits excessive bail, cruel or un.
usual puniShments, etc
Section requires that all persons accused shall
be bailable, except for capital offenSeS
Section { prohibits trials for crime except on
presentment 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 10 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 IL SubordinateS the military TO the civil
power, prohibits a standngarmy in time of peace,
and limits army appropriations in time of war to
two years.
Section IL forbds the billeting of soldiers.
Section Is. Representation shall be apportioned
according 10 population.
Section ii requires the exemption of q reasonable
amount OF property from execution for debt, and
forbids imprisonment for debt "eXcepti in case Of
fraud, libel or SANDER"
Section Is forbids the passage of any bill of ut
tainder. eS post fIcto law, or law impairing the
obligation of contracts
Section 10 secures 10 foreigners, on becoming
bona tide residents the same property rights rs
nativeborn 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 lg 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 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 9, which in the old
Constitution read thus But the paramount al
legianCe 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 to
dissolve their connection Herewith, or perform
any act tending 10 impair, Subvcrt 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 10 maintain and perpetuate It's existence,
and whatsoever any portion of the States, orpeo,
Pile thereof. attempt 10 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 lis authority.
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. was stricken out, as being sufficiently proyi
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 pTOYi-
SionSfor the prevention and punishment Ofduclling
The provision in Section 10, relative to con-
victions of treason. was not contained i'll the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section cOnfers the right of suffrage on every
white male citizen of the United States, twenty
one wears of age and upwards who shall have
actually and not cOnstructvely resided in thu
State six MONTHS and in the district or county
thirty days next preceding any election pro-
vides that person convicted oftreasou or felony
in any Stale Territory Of the United States,
unless restored to civil rights, and person who,
after arriving ut 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 electOr
GaCfinp % nrnyi1eE that shall he
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.
lun or prison at the public expense.
Section 3 secures the right of suffrage TO United
States soldiers and sailors Nc poll tax or regis
tralion Is required of such voters.
Section prohibits arrests on civil process on
election days.
Section S provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uirG roce.
Section requires the enactment OF registry
law, and authorizes the Legislature to prescribe
rules or oaths a. 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 and sixty
years of age uncivilized American dams ex-
cepted, one-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 a
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-
structively" were not in the old Constitution
They were Inserted TO prevent the possibility Of
| reckoning the residence the voter from the
| time he leaves some other state county to
| come to Nevada. In the last paragraph of the
section, after Idiot or insane" the words " or
dislOya person" occurred in the old Constitution
These were stricken out on the ground of vague
| ness and uncerta nty, 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 are some other changes in the
Article, but relating mainly to phraseology and
arrangement. ....
ARTICLE uI-DIsrRIBUTIoN OF POWERS,
This Article Is identical with that of the old
Constitution-dividing the powers Of the Gov.
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
Others. r... ....