Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-20
GnNSTTTrTIoN OF NEVADA.
CONSTITUTION OF NEVADA.

NeVaua, adopted On buU beNonSn Soy VI ocP'
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 Essoln
ton adopting the Constitution OF tne ontsu
states and an ordinance forever pronpHlng s,s
very, securing perfect religious toleFtuon, W
claiming forever all right and title 70 unsPPLoPnr
ated public lands, which are LEFT to fne soie ols
position Of the United Slater exempung rom
taxation all lands and other property o. tne UNI
ted States, and declaring that lands OF non-res
dents shall not be taxed higher Than landS Oh GU.
Gems ofthe proposed state. These enactmeutS are
made In compliance with the terms OF Ine Ena
bling Act, and are declared irrevocaoie "ltnout
the consent of the United States and ottne people
of the State Of Nevada .-.. 49,
The preamble 10 the Constitution Is the same
as that of the old Constitution. Il reads thus ::
I'VE, the people of the State Of Nevada, CRATE
full TO Almighty God for our freedom, In order 10
uecure It's blessings, insure domestic tranqulniy
and form more perfect Government 90 eS'ao'
lish this Constitution" ...r
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature nee Ano
equal possessing certain lnalienable rights, epc''
the language Of the section being merely an au'
pliicatiOn Of the Declaration Of Independence
section J asserts that the doctrine of the inhe'
rent political power Of the people, and their rgnt
to establish or change their form of Government,
and continues: But the paramount allegiance
of every citizen is due 10 the Federal Govern
nient, 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 10
impair, Subvert or resist the supreme authority
of the Government Of the United States. The
Con titution of the United States cOnfeT 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, or forribly 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" .. 'r
Section 8 establishes the right of trial by jury,
but provides that three.fourths Of a jury in any
civil case may find verdict unless the LegiSla
ture by two.thrds vote shall require such YER
diets to be unanimous. ..-.. |
section 4 requires perfect religious liberation
and freedom Of conscience. No person 10 be ex.
cluded as q witness on account OF religious opin-
Ions. al
Section 5 secures the writ Of habeas corpus,
except In cases Of rebellion or invaSion
Section prohibits excessive bail, cruel or un.
usual punlshmeDts, etc -. s--....... .... -.
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
usual safeguards as to personal and property rights.
Section secures the freedom of speech and OF
the press, and allows the truth to be given in ev-
ldence in actions for libel, by way classification.
Section 10 establishes the right of the people to
hold public meetings. etc.
Section u subordinates the military to the civil
power, prohibits standing army In time Of peace,
and limits army appropriations in time Of war to
two years. .. ..gu.s
Section 70 forbids the billeting Of soldiers
Section Is. Representation shall be spportioned
according to population.
Section IA requires the exemption Of q reasonable
amount Of property from execution for debt, and
torbids Imprisonment for debt. except In case OF
fraud, libel or SANDER"
Section Is forbids the passage Of any bill of NJ.
talnder, eI post faciolaw, or law impairing the
obligation OF contracts. ---.. 70 r..
Section 10 secures TO foreigners, on becoming
bona ide residents, the same property rights IA
uative.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, .l-.. ~. -...-. -.
Section l9 defines treason against the State Qas
In the United States Constitution), 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 2, which in the old
Constitution read thus: " But the paramount oil:
legiance OF every citizen Is duo TO the Federal
Government; and no power exists in the people
of this or any other State In the Federal Union 10
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 on the Federal Govern
ment to maintain and perpetuate It's existence,
and whatsoever any portion Of the States, or PEG.
pie thereof, attempt TO secede from the Federal
Union, forcby resist the execution Of lie laws,
the Federal Government may, by warrant Of the
Constitution. employ armed force In compelling
obedience to It's authority"
Section II Of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out az being sufficiently proVi'
ded for in the article on Legislative Department.
The words Libel or SANDER" were inserted
m Section Il, relative to Imprisonment for debt,
on account Of the adoption of stringent provi.
sionsfor the prevention and punishment ofduelling
The provision In Section 10, relative 10 con.
victions Of treason, waa not contained in the old
Constitution.
ARTICLE II-RJGHr 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 eonsiructively resided 10 the
State six months, aud In the district or county
thirty days next preceding any election :" pro.
vidcs that no person convicted ofresson or felony
In any State or Territory of the United States,
unless restored 10 civil rights, and no person VINO,
offer 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 IN elector
Section 9 provides that no person shall be
deemed 10 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 almshnuSe, Ry-
lum or prison at the public expense .
Section secures the right OF suffrage TO 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. .-.rr. .-..s. -y-s-...-.,,a5
section S provides that all elections by the PEG.
pie shall be BY ballot, and by the Legislature
piud poeS rg f.- ..r. ..,g 81. -.a.......-
section 6 requires the enactment Of registry
law, and authorizes the Legislature 10 prescribe
rules or oRths as tests of electoral qualification.
Section requires the levying of an annual poll
tax Of from two to four dollars, on all male real.
dents between the ages OF twenty.one and sixty
years of age, unciViiEed American ! disns ex.
cepted, one.halfto 90 for State and one-half for
county purposes The payment Of such tax may
In the discretion Of the Legislature, b mads
condition to the right Of voting. .. -.
Section relates TO the qualifications efvoter1
on the adoption or rejection Of this Constitution.
In Section tie words actually and mot con
structlvely" were not In the old Constitution -
They were inserted to prevent the possibility Of
reckoning the residence or the voter nom the
time he leaves some other etute or county to
come to Nevada In the last paragraph % the
sec don, after Idiot or insane. y the words /" or
dIsloys 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. = IS . -I-:Fasy r. 4 rs
The provision In Section regarding additional
oaths or tests Of electoral qualifications was not
contained, 1t least specifically. In tbs old Con.
stitution. There are some Other changes In the
Article, but relating mainly to phraseeloEy and
arrangement " a"# 'sR.s' - i4H,'t,5
ARTICLE fII--DlsrRIBUrIoS on Iowras.
- ~ 49, IL