Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-11
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 resolu-
ton adopting the Constitution of the United
states and an ordinance forever prohibiting sla-
very, securing perfect religious federation, dis.
claiming forever all right and title to unappropri
ated public lands, which are left to the sole dis
position of the United States eSenhpting 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 cti-
zens ofthe proposed state These enaetments are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocable without
the consent of the United States and ofthe people
of the State of Nevada
The preamble to the Constitution il the same
as that of the old Constitution. IL reads thus:
I'VE, the people of the State of Nevada CRATE
ful to Almighty God for our freedom in order to
secure its blessings, insure domestic tranquility
and form a more perfect Government, do estab-
lish this Constitution"
ARTICLE I-DEcLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienabe rights, ETC.,
the language Of the section being merely an am
plitcatiOn of the Declaration of Independence.
scction 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 che Federal Govern.
ment iu 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
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 10 maintain
and perpetuate its existence, and whensocver any
portion of the States or people thereof, attempt
to secede from the Federal Union, fOrcibly re.
sist the execution of its laws the Federal Gov
eminent may, by warrant of the Constitution,
employ armed force in compelling obedience 10
its authority.
Section establishes the right OF trial by jury,
but provides that three.foUrths of a jury in any
civil case may find Il verdict unless the Legisla
ture by atwo-thirdS vote shall require such YER
diets TO be unanimous.
Section requires perfect religious liberation
and freedom OF conscience. No person to be eS-
cluded a witness on account OF religious Opip-
ions.
Section 5 secures the writ of habras corpus,
| except in eases of rebellion or invasion.
usual puniShments, etc
Section requires that all persons accused shall
be bailable, except for capital offenSes.
Section s prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards as TO personal and property rights.
Section 9 secures the freedom of speech and of
the press, and allows the truth to be given i'll ev'
idence. in actions for libel by way classification,
Section ~ establishes the right Of the people 70
hold public meetings, etc.
Section IL subordnatcs the military TO the civil
power, prohibits standing army in time of peace,
and limits army appropriations in time of war 10
two years.
Section II forbds the billeting of soldiers
Section 81 Representation shall he apportioned
according to population.
Section ii requires the exemption of u reasonable
amount OF property from execution for debt, and
forbids imprisonment for debt "exceptin case OF
fraud, libel or SANDER
Section i forbids the passage of any bill of At.
tainder, eS post factO law, or law impairing the
obligation of contracts.
Section 10 secures TO foreigners, on becoming
bona tide 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
IUT CpuNlCllOn lHc teStlElOuN OF Two "IutsstH
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 il in the paramount
allegiance clause OF Section ., which in the old
Constitution read thus But The paramount al
leSiance of every citizen is due to the Federal
Government and no power exists in the people
OF this any other State i'll the Federal Union 10
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, orpeo.
pie thereof, attempt TO secede from the Federal
Union, forcby 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 IL Of the old Constitution. prohibiting
the Legislature from granting special privileges,
etc., was stricken out, being sufficiently prOvi
ded for in the article on Legislative Department.
The words libel or SANDER" were inserted
in Section IA, relative to imprisonment for debt,
on account OF the adoption of stringent prori-
| sOnsfor the prevention and punishment otduelling
The provision in Section 10, relative 10 con-
victions Of treason was not contained i'll the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
section CODteTs lne VI VI tNelg
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-
vides that person convicted oftreason or felony
in any State or Territory of the United StaIcs,
unless restored to civil rights and no person wlO
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 elector
| Section 9 provides that 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
tration Is required of such voters
Section prohibits arrests on civil process on
| election days.
Section provides that all elections by the peo-
pie shall be by ballot, and ny the Legislature
| uird Uoce
Section requires theenactment 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-
i QentS between the ages Oh twenty anu slAty
| years of age, uncivilized American | dians ex
cepted one-half to go for State and one-half for
county purposes. The payment of such tax may
| in the discretion of the Legislature, be made a
condition to the right ofvotng. ....
Section relates to the qualifications of voters
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 TO Nevada. In the last paragraph of the
| section, after Idiot or insane" the words " or
disloya 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 at least specifically, in the old Con-
stitution. There are some other changes in the
Article but relating mainly to phraseOlogy and
| arrangement.
| ARTICLE REDISTRIBUTION OF POWERS
Th;, Articla Ia identical with that of the ola