Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-07
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

4. ~ ~ t-4 = a.. = ~
The following is a complete and correct
abstract of the Constitution of the State of
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 u q Tesoiu;
ton adopting the Constitution OF the ohteu
states and an ordinance forever pronoH,ns am am
very, securing perfect religious toie,au .ro, III
claiming forever all right and title 10 unaPpIoP
ated public lands, which are left to the sole uls'
position of the United Statesi exemptlng Toi HUI
taxation all lands and other property VI 'ne IN ii
ted States, and declaring that LANDS OF nonlesi
dents shall not be taxed higher than Ianos OF cur
zens ofthe proposed state. These n.y. az
made In compliance with the terms OF .n9 1.L.
bling Act, and arc declared irrevocaole Wltnout
the consent of the United States and ftne PeoPie
of the State of Nevada.
The preamble TO the Constitution Is tue snthe
rs that of the old Constitution. II reaos lnus
ave tho people of the State of Nevada CRATE
full to Almighty God for our freedom, In order 70
secure its blessings, insure domestic tranquinIy
and form more perfect Government W e' ot"'
lish this Constitution"
.a ARTICLE I-DEcLARATIoE OF RIGHTS.
Section declares all men by nature Tree anu
equal, possessing certain inalenable rights etc.,
the language of the section being merely an am
pificaton of the Declaration of Independence
section , asserts that the doctrine OF the lnne'
rent political power of the people, and their rign'
10 establish or change their form OF Government
and continues: But the paramount allegiance
of every citizen Is due 10 the Federal Govern
In ha of all itA constitutional DOW
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
impuir, subvert or resist the supreme authority
of the Government of the United States. inc
Con titution of the United States confers full
power on the Federal Government TO maintain
and perpctuatc its existence, and whensoever 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 In compelling obedience TO
Its authority" 49,. .aF
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 two-thirds vote shall require such YER
diets TO be unanimous.
section requires perfect religious liberation
ana EftuulN VI COusClChCc. Nv pSlsoH W OC
cuded "a witness on account of religious opin'
ions. ..t. ....a.
Section 5 secures the writ of habeas corpus,
excent in eases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc W..
Section requires that all persons accused shall
be bailablc, except for capital offenses.
Section prohibits trials for crime except on
preseutment or indictment, and establishes the
Usual safeguards TO personal and property rights.
Section secures the freedom Of speech and OF
the press, und allows the truth to be given In ev-
idence, in actions for libel, by way ofjustfcaton.
Section 10 establishes the right of the people TO
hold public meetings, etc.
Section II subnrdinates the military to the civil
power. prohibits 4 standingarm in time of peace,
and limits army appropriations in time of war to
two Years. ....a .
Section ~ forbids the bIeting of soldiers
Section IL Representation shall be upportioned
according 10 population.
Section II requires the exemption Of reasonable
amour, Of property from execution for debt, and
forbds imprisonment for debt, except in case OF
fraud, libel or SANDER"
Section Is forbids the passage of any bill OF at.
tainder. ex post fuctO law, or law impRring the
obligation of contracts.
Section IL secures 10 foreigners, on becoming
bona fde residents, the same property rights as
native-bOTn citizens.
Section ls projects the people against unreas'
enable searches and seizures and restricts the H.
suing of search warrants.
Section 10 defines treason against the State (ns
In the United States Constltution), 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 Q which in the old
Constitution read thus: I" But the paramount al:
| legiancc 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 Union 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 TO secedc from the Federal
Union. Or Orciby 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 II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc, was stricken out, az being sufficiently provi.
dcd 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 ofduelling
The provision in Section l9, relative TO con.
victlons of treason, was not contained In the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section cOnfcrs 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-
vidcs 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
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 elector
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, Hsy.
lum or prison at the public expense
Section 3 secures the right ofsuffrage 10 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 provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
uird uocs.
section requires the enactment of a registry
law, and authorizes the Legislature 10 prescribe
rules or oaths 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 | dlans ex.
cepted, onehafto go for State and one-half for
county purposes The payment Of such tax may,
in the discretion of the Legislature, be made Il
condition TO the right OF voting. N'..
Section relates to the qualifications ofvoters
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 or the voter from the
time he leaves some other state or county to
come 10 Nevada In the last paragraph Of the
sec Jon, after Idiot or insane" the words "or
disloyR 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 ...at.a
The provision in Section regarding additional
oaths or Tests Of electoral qualifications was not
contained, ~ least specifically, in the old Con.