Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-25
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 is a resolu-
ton adopting the Constitution OF the United
States and all ordinance forever prohibiting sla-
very, securing perfect religious liberation, dis
claiming forever oil right and titleto 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 cii'
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'
fish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inaliena6e 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
to establish or change their form OF Government,
and continues: But the paramount allegiance
OF every citizen is due &c 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, 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 whensoever any
portion of the States or people thereof, attempt
to secede from the Federal Union, forcibly re.
sist the execution of it's laws, the Federal Gov
ernment 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 jury in any
civil case may find verdict unless the LegiSla
ture by atwo-thlrds vote shall require such yer.
diets 10 be unanimous.
Section requires perfect religious federation
and freedom Of conscience. No person 10 be ex-
cluded IA a witness on account OF religious Opip-
Ions.
Section ) secures the writ of habeas corpus,
except in eases of rebellion or invasion.
SectIOn prohibits excessive bail, cruel or I'M
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, and establishes the
usual safeguards aSto personal and property rights.
Section secures the freedom of speech and of
the press, and allows the truth to be given in ey.
idence in actions for libel by way classification.
Section ~ 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 TO
two years.
Section la forbids the billeting of soldiers
Section l3 Representation shall be apportioned
according TO population.
Section II requires the exemption OF a reasonable
amount OF property from execution for debt, and
forbids Imprisonment for debt, except in case of
fraud, libel or SANDER"
Section ID forbids the passage of any bill of at.
tainGer. ex post facto law. or law impairing the
obligation OF contracts.
Section 10 secures 10 foreigners. on becoming
bona fide residents the same property rights As
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 ~ 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, confession in open Court.
Section 20 reserves 10 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
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 Unionto
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 confers full power on the Federal Govern
ment to maintain and perpetuate its existence,
and whatsoever any portion of the States, or PEG,
pie thereof, attempt TO 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 20 its authority
Section IL of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. was stricken out as being sufficiently provi-
ded for in the article on Legislative Department.
The words libel or SANDER" were inserted
in Section A. relative TO imprisonment for debt,
on account of the adoption of stringent prOvi-
sionsfor the prevention and punishment ofduelling
The provision in Section ~, relative TO con-
victions of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section conferS the RICH: of suffrage on every
white male citizen Of the United states, twenty
one years of age and upwards who shall have
actually and not consfructively 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 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
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 elecor
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 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. r-rE. ..... ....
Section provides that all elections by the peo-
pie shall be by ballot and by the Legislature
pira poce.
Section requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests of electoral qualification.
Section requires the levyDg of an annual poll
tax of from two to four dollars on all male resi-
dents betwe cen the ages of twenty.one and sixty
years of age, uncivilized American L dians 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, oe made
condition TO the right Of voting.
Section relates to the qualifications ofVoters
on the adoption or rejection Of this Constitution.
In Section tie words actually and not con-
structiyely" were not in the old Constitution
They were inserted to prevent the possibility of
reckoning the residence or the voter from the