Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-11
CONSTITUTION OF NEVADA.
ooNqTTTurIoN- or NEVADA,

abstract SS-SN
Nevada. adopted on the seventh DAY OF sep
,smber. 1t is greatly condensed, occupying
I'm, a fraction of the room required ior tne
publication of the whole document, but WIZ
~ fopnd equally useful and far more con-
yeuient for reference:
preceding the Constitution proper is a reSolu-
,,on adjoining the Constitution OF the Uuited
non III an ordinance forever prohibiting sla-
rsry securing perfect religious liberation, dis
,i,;nC forever all right and title TO unappaopri.
49, public lands which are left TO the sole dis.
nnsi,ion of the United States; exempting from
taxation all lands and othsr property OF the Uni
ted States and declaring that lands of non-resi-
5.nts shall not be taxed higher than lands Of citi
ems ofthe proposed state. These enactments are
made in compliance with the terms of the Ena
Ming Act and are declared irreyoeable without
the consent Of the United States and Of the people
of the State of Nevada
THE preamble 10 the Constitution Is the same
A. that of the old Constitution Ii reads thus:
I'VE the people of the State OF Nevada, CRATE
fnl to Almighty God for our freedom, in order TO
secure its blessings, insure domestic tranquility
and form more perfect Government, DO estao-
lsh this Constitution"
ARTICLE OF RIGHTS.
Section declares all men by nature free and
soual possessing certain inalienshle rights, ETC.,
the Language of the section being merely an am
plhcarion Of the Declaration of Independence.
Section asserts that the doctrine of the inhe-
rent political power of the people, and their right
10 establish or change their form of Government,
and continues: " But the paramount allegiance
of every citizen Is due &c che Federal Govern
meut in the exercise of all its constitutional pow
srs 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-
-. Hat
impair, suoyert 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 peTpetuate its existence, and whensoeyer any
portion of the States, or people thereof, attempt
10 seeede from the Federal Union, or forcibly re-
sist the execution of its laws, the Federal Gov
ernment may, by warrant Of the Constitution,
employ armed force in composing obedience TO
its authority"
Section establishes the right of trial by jury,
but provides that three-fourths of a jury in any
civil case may ind a verdict unless the LegiSls
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-
Guided as a witness on account OF religious opin-
Ions.
Section secures the writ of habeas corpus,
except in cases Of rebellion or invasion.
Secton prohibits excessive bail, cruel or I'M
usual punisbments, 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
alsafeguardS as TO personal property rights
Section secures the freedom of speech and Of
the press and allows the truth to be given in ey'
idenee, 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 20 the civil
power prohibits standing army in time OF peace,
and limits army appropriations IN time OF war 10
two years.
Section IL forbids the bileting of soldiers.
Section l3 Representation shall be apporuoned
according 10 population.
Section II requires the exemption ola reasonable
amount of property from execution tor debt, and
tcrbds Imprisonment for debt, except in case Of
fraud, libel or SANDER"
Section Is forbds the passage Of any bill of at
tAinder, ex post faeto law, or law impairing the
obligation Of contracts.
Section 10 secures TO 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 10 defines treason against the State las
in the United States Constitution), and requires
for conviction the testimony of two witnesses
10 the same overt act or confession in open Court
Section 70 reserves to the people any anu al
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 to the Federal
Government and no power exists in the people
of this or any other State in the Federal Cnion to
dissolve their connection Herewith, or perform
any act tending 10 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 20 secede from the Fedora
Union CT forcibly resist the execution OF Its laws
the Federal Government may, by warrant OF tht
Constitution, employ armed force IN competing
obedience TO its authority.
Section Il of the old Constitution, prohibiting
the Legislature from granting special privileges
etc, was stricken out, as being sufficiently proFi
ded for in the article on Legislative Department;
The words libel or Islander" were inserted
in Section H. relative 10 imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention and punishment ofdueiinS
The provision in Section l9, relative TO con-
victions of treason. was not contained IN the old
Constitution
ARTICLE u-RIGHT OF SUFFRAGE
Section coufers the right Of suffrage on every
one wears of age and upwards, who shall have
actually and not eoustructively resided in the
State six months, and in the district or county
thirty days next preceding any election pro-
vdes 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 an 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 student in any seminary Of
learning, 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
t-alion 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
pir6 roee
Section requires the enactment of registry
law, and authorizes the Legislature to 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 l. dams ex-
eepted, one alfto go for State and one-hslf for
county purposes The payment of such tax may,
in the discretion of the Legislature, be made Il
condition to the right of voting
Section relates TO the qualifications ofvoters
on the adoption or rejection of this Constitution.
In Section RE words actually and not con-
struetiyely' 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
dsloyal.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, al least specifically, in the old Con-
stifution. There are some other changes in the
Article, but relating mainly to phraseology and
Arrangement
ARTICLE INSTRUMENTATION OF POWERS
This Article il identical with that of the old
Observation-Disclosures the novv.rs - a. o.,