Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-20
CONSTITUTION OF NEVADA.
coNsTTTUTIoN 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 vii
be found equally useful and far more con-
veniens for reference: .-.....
Preceding the Constitution proper is resolu,
ton adopting the Constitution of the United
States and an ordinance forever prohibitins ala
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; exemptinR from
taxation all lands and other property of the Uni
ted States, and declaring that, lands of uon-resi-
dents shall not be taxed higher than lands OF citi-
zeus ofthe proposed state. These enactments are
made in compliance with the terms of the Ems
bling Act, and are declared irrevoeable without
the consent of the United States and ofthe peoPt'
ofthe State Of Nevada
The preamble to the Constitution Is tne sumo
as that OF the old Constitution ~ Ee5aS 80
We, the people of the State OF Neraua -
full TO Almighty God for our freedom IN oruer W
secure its blessings, insure domestic usnqutS
and form q more perfect GoFernne"'' "0 eS'~0
GSh this Constitution
aRr1cIE-pE~LARATIo OF RIGHTS
Section i declares all men by nature ffee and
aoAaI nosssSsiuC certain inaieuable rights, etc,
the LANGUAGE of the section being merely an am
nliscatien OF the Declaration of Independence
saction asserts that the doctrine of the inhe-
rent polifcal power of the people, and their right
% Establish or change their form of Government,
and continues: e But the paramount allegiance
of every citizen is due tS che Federal Govern.
ent 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-
~ .ls,,s-
impair, subvert or resist the supreme authority
of the Government Of the United States. The
Con tifution of the United States eonfers full
power on the Federal Government 10 maintain
and perpetuate its existence, and whatsoever any
portion OF the States, or people thereof, attempt
TO 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 compelling obedience TO
its authority"
Section 5 establishes the right of trial by jury,
but provides that three-fourths Of jury in any
civil case may lind verdict unless the LegiSla
ture BY 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-
cluded as a witness on account OF religious opip-
Iona
section secures the writ of habeas corpus,
except in rases Of rebellion or invasion.
SeetioA s prohibits excessive bail, cruel or I'M
usual punishments, etc ...-.
Section requires that all persons accused shall
be bailable, except for capital offenses,
Section s prohibits trials for crime except on
presrntment or indictment, and establishes the
usual safeguards as 10 personal and property rights
Section secures the freedom Of speech and Of
the press and allows the truth to be given in ev-
Idenee, IN actions for libel by way classification.
Section 10 establishes the right OF the people TO
hold public meetings, etc.
Section II subordnaies 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 70 forbids the billetins of soldiers
Section IL Representation shall be Hpportioned
according 10 population
Section Il requires the exemption of a 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 at
tAirder. ex post facto law, or law impairirg the
obligation ofcontracts.
Section 10 secures 10 foreigners, on becoming
bona tiie residents, the same property rights As
native born citizens
Section II prohibits slavery. 81.
Section Is projects the people against unreas-
enable searches and seizures, and restricts the Is
suing of search warrants,
Section 10 detipeS treason against the State Gas
in the Cuired States Constitution, and requires
TO the same overt act, or confession in open Court
Section 20 reserves 10 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 SecriOu ?, which in the old
Constitution read thus But the paramount al
leganee 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 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 10 maintain and Perpetuaie its existence,
and whensoeyef any portion Of the States, or peo-
pie thereof attempt TO secede from the Federal
Union CT forcby resist the execution Of its laws,
the Federal Government may, BY warrant Of the
Constii ution. 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 slander" were inserted
in Section Il, relative 10 imprisonment for debt,
on account of the adoption of stringent proyi-
sionsfor the prevention and punishment fdueiling
The provision in Section l9, relative to con-
yietions of treason was not contained in the old
Constitution.
ARTICLE u-RI6HT OF SUFFRAGE.
Section eonfers 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 elections; pro-
vides that person convicted oftreason or felony
in any State or Territory of the United States,
unless restored to civil rights and 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 70 the privilege of an elector.
Section provide that no person shall be
deemed 10 have gaiF ell 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 3 secures the right Of suffrage 10 United
States soldiers and sailors. Nc poll tax or regis
trsiion Is required of such voters.
Section 4 prohibits arrests on civil process on
election days.
Section provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uirG goeS.
Section requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or oaihs as tests Of electoral qualification
Section requires the leyying ofan annual poll
tax Of from two TO four dollars, all male resi-
dents between the ages OF twenty-one aud sixty
years Of age, uneivllized American dams ex-
eepted, 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 q
condition TO the right Of voting.
Section relates 10 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 TO Nevada In the last paragraph Of the
section, after idiot or insane" the words " or
disloya! person" occurred in the old Csnstitution
These were stricken out on the ground of vague
ness and uncertainty, and because the preceding
part Of the proyiso was alleged to cover the
ground sufficiently
The provision in Section regarding additional
oatns or tests OF electoral qualifications was not
contained, al least specifically, in the old Con-
stitunon: there are some other changes in the
Article, but relating mainly to phraseology and
arrangement
ARTICLE Ht-DlsTRIsurIoS OF POWERS.
This Article ia identical with that Of the old
3;x,iding hp $50