Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-02
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

Nevada, adopted on the seventh day Of Sep
TENDER. 1t is greatly condensed, occupying
but a 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 is a 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 unapproPri-
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 citi-
zens ofthe proposed state. These enactments are
made in compliance with the terms of the Ena
bling Act, and are declared irrevOcable without
the consen, OF the United States and ofthe people
Of the State OF Nevada
The preamble to the Constitution Is the same
AS that of the old Constitution. IL reads thus:
" We, 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 more perfect Government do estah-
lsh this Constitution
ARTICLE I-DEcLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inaienabie rights. ETC.,
the language of the section being merely an am
pliticatiun 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,
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 UnioHto dissolve their CON
ncction 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 conters full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensocver any
portion of the States, or people thereof, attempt
to Secede from the Federal Union, or tOrribly re.
sisr the execution of its laws, the Federal Gov.
eminent may, by warrant Of the Constitution,
employ armed force i'll compelling obedience TO
its authority"
Section establishes the right of trial by jury,
but provides that three-fOurths of jury in any
civil case may find "a verdict unless the LegiSla
ture by two-thrds vote shall require such YER
diets 20 be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person t" be ex-
cluded AZ q witness on account OF religious opin-
ions.
Section secures the writ of habcas corpus,
except in eases of rebellion or invasion.
SecuOn prohibits excessive bail, cruel or UNI
usual punishments. etc
Section requires that all persons accused shall
be bailablc. except for capital ofTrnses.
Section 5 prohibits trials for crime except on
presentmcu; or indictment, and 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-
idence, in actions for libel by way classification.
-
hold public meetings, etc.
Section IL Suhordnates the military TO the civil
power. prohibits a standing army in time uf peace,
and limits army appropriations in time of war TO
two years.
Section IL forbidS the billetiug Of soldiers.
Section l3. Representation shall be apportoned
according TO population.
Section Il requires the exemption of reasonable
amount of property from execution tor debt and
forbds Imprisonment for debt, except in case of
fraud. libel or SANDER
Section 10 forbiis the passage of any bill Of at
tainder, eN post factO law, or law impairing the
of contracts
Section 10 secures 10 foreigners. on becoming
bona tde residents, the same property rights Us
citizens
Section II prohibits slavery.
Section Is protects the people against unreaS-
enable searches and seizures, and restricts the is
suing of search warrants.
Section ~ 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, 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
a ;n Fhn
Of this or any other State i'll the Federal Union TO
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 the Federal Govern
ment 10 maintain and Perpetuate its existence,
and whatsoever any portion of the States, or peo'
pie thereof, attempt to secede from the Federal
Union tOrcibly resist the execution of its laws,
the Federal Government may. by warrant Of the
Constitution, employ armed force in compelling
obedience ~ its authority"
1 Section II OF the old Constitution. prohibiting
the Legislature from granting special privileges,
etc., was stricken out. as being sufficiently prori-
led for in the article on Legislative Department.
The words libel or SANDER" were inserted
in Section ii, relative TO imprisonment for debt,
on account of the adoption of stringent provi'
sions for the prevention and punishment ofdueIling
The provision in Section -, relative to con.
NCtiOls Oh ITtdSOI, was Hot III th' 'aN
Constitution.
ARTICLE II-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 constructively resided in the
State six months, and in the district or county
thirty days next preceding any election; pro-
vides that person convicted oftreason or felony
in any State or Territory Of the United States,
unless restored to civil rights, and person who,
after arriving at the age of eighteen years, shall
have voluntarily borne arms agaiuststhe 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 10 the privilege ofan eector
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 a student in any seminary of
nor while kept in any almshOuse, asy-
lum or prison at the public expense
Section 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 shalt be by ballot, and by the Legislature
utrG uoce.
Section requires the enactment of n 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, unciyilized American | dams ex.
cepted one-halfto go for State and one-half for
county purposes. The payment OF such tax may,
in the discretion of the Legislature, be made u
condition to the right of voting.
Section relates TO the qualifications of voters
on the adoption or rejection of this Constitution.
In Section l 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 OH 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 are some other changes in the
Article, but relating mainly to phraseology and
arrangement.
ARTICLE UI-DISTRIBUTIoS OF POWERS