Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-30
CONSTITUTION OF NEVADA.
coNsFITUTIoN.oF NEVADA.

abstract OF the Constitution Of the State o
Nevada, adopted on the seventh day of Sep
TENDER. 1t lis greatly condensed, occupying
but fraction Of the room required for tn,
publication of the whole document, but viii
be found equally useful and far more con
yenient for reference:
Preceding the Constitution proper is resolu
ton adopting the Constitution of the Unite,
States and an ordinance forever prohibiting sla
very, securing perfect religious liberation. dis
claiming forever all right and title to unappropri
aied public lands, which are LEFT to the sole dis
position Of the United States; exenpting from
taxation all lands and other property Of the Uni
ted States, and declaring that lands of resi-
dents shall not be taxed higher than lands Of cit
Zens ofthe proposed State. These enactments are
made in compliance with the terms of the Ina
the consent of the United States and ofthe PeVP''
of the State of Nevada.
The preamble TO the Constitution IL inc . 49,
as that of the old Constitution. ~ Eesi s -
We, the people of the State CT Nera". - %
full to Almighty God for our freedom ~
secure its blessings, insrre ocnle a,t Al ss.a6.
and form more perfect toNef"
hsh this Constitution
,srcrr-DgcIARA RATION or RIGHTS.
Sa.,;o,, ! ,.s,Iar,.s AL men by nature nee and
equal. possessing certain inahenaoIe Ilsh's, w.
~ Iapyna.,s OF the section being merely az am
plidratiou Of the Declaration OF lndepenoenee.
Sa.,;np > asserts that the doctrine OF the inhe-
,nI;,;caI power of the people, and their right
"a asfablish or change their form Of Government,
"a .a,,,;rpes. e But the paramount allegiance
- svsr, citizen is due &c the Federal Govern
men, in the exercise Of fall its constitutional pow
..rS "a the same have been or may be defined by
,h, Snnreu,e Court OF the United States and no
IN, fhA uAonlA of thia other
State of the Federal Union to dissolve their con-
,sr,ion herewith or perform any act tending TO
;mnsir subyert OF resist the supreme authority
of -he Government OF the United States. The
Constitution Of the United States eonfers full
mower on the Federal Government TO maintain
md perpetuate its existence, and whatsoever any
portion Of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
sist the execution Of its laws the Federal Gov
ernmen. may by warrant of the Constitution,
employ armed force in compelling obedience to
its authority.
but provides that three-fourths of jury in any
civil case NAV ind verdict unless the Legisla
ture by two-thiriS vote shall require such YER
diets TO be unanimous.
Section 1 requires perfect religious federation
and freedom of conscience. No person to be ex-
eluded as a witness on account Of religious opip-
ions
except in cases of rebellion or invasion
Section 8 prohibits excessive bail, crael or IN
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital Ofenses.
Section 6 prohibits trials for crime except on
presentment or indictment, and establishes the
usual safe guards 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
Section 10 establishes the right of the people TO
hold public meetings, ets.
Section IL subordinates the military 10 the civil
power, prohibits a standing army r time OF peace,
and limits army appropriations IN time OF war 10
two years.
Section - forbids the billetng Of soldiers
Section IL Representation shall Do apportioned
according 10 population.
Section Il 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 Is forbids the passage Of any bill Of at
tainder, ex post facto law, or law impairing The
obligation Of contracts.
Section 10 secures to foreigners, on becoming
bona ide residents, the same property rights a
natiye-born citizens
Section Il prohibits slavery.
Section Is protects the people against unreas
enable searches and seizures, and restricts the Is
suing Of search warrants.
Section l9 defines treason against the State "a:
in the United States Constitution), and require,
for conviction " the testimony of two witnesses
TO the same overtactrQ confession in open Court
Section 20 reseryesto the people any and al
rights not enumerated
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance" clause of Section 2, which in the old
Constitution read thus: " But the paramount al
legianee Of every citizen is due 10 the Fedora
Government; and no power exists in the people
of this any other State in the Federal Union tS
dissolve their connection herewith, or perform
any act tending 20 impair, subvert or resist th'
supreme authority Of the Government Of tn
United States. The Constitution of the Uuite'
States cOnfers full power on the Federal Govern
ment 10 maintain and perPetuate its existence
and whensoever any portion of the States, or pee
pie thereof, attempt to secede from the FEEDERS
Union or forcibly resist the execution OF It's laws
the Federal Government may. by warrant of tn
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, as being sufficiently proVi
ded for in the article on Legislative Department
The words libel or Islander" were inserted
in Section IA, relative 10 imprisonment for debt
on account Of the adoption Of stringent Prov
sisns for the prevention and punShment ofduelline
The provision in Section ~, relative 10 con
yictions of treason, was not contained in the OLD
Constitution
ARTICLE H-RIGRT OF SuFFRAeE-
Section coufers 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 eonstructively resided in th'
State six MONTHS and in the district or county
thirty days next preceding any election; pro
vides 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, shal
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 privilegsof an elector
Section provides that no person shall be
deemed TO have gained or los; residence for the
purpose OF voting while in the service o: the
United States, while student in any seminary Of
learning nor while kept in any almshouse. gSy-
lum or prison at the public expense.
Section 3 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 PEG
pie shall be by ballot, and by the Legislature
rird 10es.
Section requires the enactment Of registry
law, anu authorizes the Legislature 10 pEescIlOs
rules or oaths as tests Of electoral qualification
Section requires the levying Of an annual pot
tax of from two to four dollars, on all male resi-
dents between the ages of twsnty-one and sixty
years Of age, uncivilized American I=dians ex'
cepted, one-half TO go for State and one-half fOs
county purposes. The payment Of such tax may,
in the discretion of the Legislature, be made a
condition 10 the right of voting
Section relates 10 the qualifications Ofvoters
the adoption or rejection Of this Constitution.
In Section tEe words .' actually and not con-
sHuctively' 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
section, after idiot or insane" the words "oE
disloyal 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,
Inc provision in Section s regarding additional
oafhs or tests of electoral qualifications was not
contained, at least specifically, in the old Con-
stituftou- There are some other changes in the
Article, but relating mainly to phraseoloxy and
arrangement.