Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-18
@s5SsSHFff6S oF NEVADA:
coYsTTTTfTToN OF NEVADA.

abstract OF the COnsHtuH "
Nevada, adopted on the seventh day OF SeP
TENDER. /, is greatly condensed, occupying
In, a fraction Of the room required for TN
publication Of the whole document, but WI
he found equally useful and far more con-
yeuient for reference:
r,-,.,,-iiur III, Constitution proper Is T,,s,s,
,;o, adouting the Constitution OF as 10
safes and an ordinance forever prGD.saI a..
vsry securing perfect religious ...,.,r-;
cIsi,nipx forever all right and tue 70 a.
- rnb,ic lands which are hen 10 'ne soas elD,
s'st tno oS IN. limited Safes exempting rom
fy,,iop all lands and other properly oi rue u
$50 and declaring thai I1lSds Of non-resi'
te% SbtII NO, be taxed higher AsN lands OF cii'
,srs of the proposed. tate. Thess So
vi in compliance with the terms OF ahe Sna
~ Art and are declared irreyocaoIs "itpoI'
the consent Of the United STAKES AnN - -
Of the Staff of Nevada. ,,.
Tbs orvarabls " she Constitution Is Tue Sauie
=. ,bat OF the old Constitution. IL READS mus
wv. the people of the Stase OF Nevada grave
f,l 10 Almighty God for our freedom N o'ues 10
ssrnrri Ia blessings, insure domestic ranqoiniy
and form Il more prrfeet eoNe'HA4eN" w S''''0
hsh this Constitution ........ ...-
,RrrrlEt-pEcLARATIoS OF RIGHTS.
S..,;o, ! declare, all men by nature free and
.,,,>I Possessing certain iualienabe rights, etc,
~ I,,ypurr Of the section being merely an am
rISrg,ion OF the Declaration OF Independence
,i,,, :, asserts that the doctrine OF the inhe-
-sn, noilical power of the people, aud their right
- ,.f,,bIi,h or change their form Of Government,
ana continues: a But the paramount allegiance
Of every citizen IS due L The Federal Govern
r,nt IN the exercise Of all its constitutional pow
ar "A the same have been or may be defined by
,b, Supr.me 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
i'm pair subyrrt or resist the supreme authority
Of the Government Of the United States. The
Con Tuition Of the United States confers fnli
power on the Federal Government 10 maintain
and 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
eminent may. by&arrant of the Constitution,
employ armed force in compelling obedience to
its authority. ..
Secrioa 3 establishes the right of trial by jury,
but provides that three-fourths of a jury in any
civil case may lind verdict unless the LegiSla
turs By atwo-,hirds vote shall require such YER
diets 10 be unanimous.
section requires perfect religious liberation
and freedom of conscience. No person 10 be ex-
claded as a witness on account OF religious opiD'
iona
SScllOD scCuISS wiz VI AaOSoo SOAHAsl
except in eases Of rebellion or invasion
Seetoa 6 prohibits excessive bail, cruel or un'
usual punishments, etc
Section Z requires that all persons accused shall
be bailable, except for capital ofenSes.
Section prohibits trials for crime except on
preseufment or indictment, and establishes the
usual safeguards as to personal and property rights
Section 3 secures the freedom Of speech and o.
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 70
hold public meetings etc.
Section II subordinateS the military TO the civil
power, prohibits standing army II time OF peace,
and limits army appropriations in time OF war TO
two years. b..
Section le forbids the billeting of soldiers.
Section 81 Representation shall be sppcrtioned
according 70 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" ..-..----.r.
Section Is forbids the passage of any bill Of at.
tAinder, ex post faeto law, or law impairinS the
Section 10 secures 10 foreigners, on becoming
bona ide residents, the same property rights as
native.born citizens 6 gftsH
Section y prohibits slavery. ~ftF."
Section ls protects the people against unreas'
enable searches and seizures, and restricts the IS
suing Of search warrants
Sectionl9 deiues treason against the state Gas
in the United States ConStitu;ion), and requires
for conviction ";he testimony OF two witnesses
10 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 al
leSianes 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 TO impair, sRbyeFt or resist the
supreme authority Of the Government OF tne
United States. The Constitution of the United
States eonfsrs full power On the Federal Govern
nent to maintain and perPetuate lis existence
and uhensoeyer any portion OF the States, or PEG
pie thereof aITemp; 20 secede from the Fedora
Union. CT forcibly resist the execution OF ITS laws
the Federal Government may, BY warrant Of tbs
Cousiii uIion, employ armed force In conpeiine
obedience To its authority
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges
ETC. WA stricken out. as being sufficiently Prov
dsd for in the article on Legislative Department
The words libel or Islander were inserted
in Section II, relative to imprisonment for debt
on account Of the adoption of stringent provi
siousfor the prevention aud punishment ofduellint
The provision In Section l9. relative 20 con
vietions of treason, was not contained IN the oil
Constitution tsrr
ARTICLE u-RIeHT OF SUFFRAGE.
Section coufers the right of suffrage on ever
white male citizen OF the United >tates, twenty
one years OF age and upwards, who snall nav
actually and not consrruetively resided in tn
State six lnohihs, and in the district or count.
thirty DAYS next preceding any election pro
yids that no person convicted OftreaSon or telon.
in any State or Territory Of the United States
unless restored 10 civil rights, and no person wnC
after arriving az the age of eighteen years snai
have voluntarily borne arms against the Unite
States or held civil or military office under tn
so-called Confederate States, or either OF them
unless an amnesty be granted TO such by IN
Federal Government, and no idiot or insane per
son. shall be entitled 10 the privilege OF an eectoI
Section provides that no person shall b
deemed to have gained or lost residence for IN
purpose OF voting while in the service Of tn
United States, while student in any seminary o
learning, nor while kept in any almShouse, asy
lam or prison at the public expense.
Section secures the right Of suffrage 10 Cnte'
States soldiers and sailors. Nc poll tax or regis
tration Is required Of such voters.
Section prohibits arrests on civil process OIL
election days.
section 5 provides that all elections by the PEG
pie shan be oy ballot, and by the Legislator
1ird EocE.
section requires the enactment of q registr.
law, and authorizes the Legislature 70 Prescrio
rules or oaths as tests of electoral qualification
Section requires the levying Of an annual POI
tax of from two to four dollars, on all male resi-
dents between the of twenty-one and sixt.
years of age, uncivllized American l dians ex
eepted, one-half to 60 for State and onehaif 70
county purposes. The payment of such tax may
in the discretion of the Legislature, be made
condition TO the right of voting.
Section relates 10 the gu Iliheations OF voter
on the adoption or rejection of this Constitution
In Section tie words actually and not con
structiyely" were not in the old Constitution
They We're inserted to prevent the possibility 0
reckoning the residence or the voter from tn
time he leaves some other state or county .
come 20 Nevada In the last paragraph Of tn
sec ion, after {" idiot or insane" the words " o
disloyal person" occurred in the old CsnEtitutior
These were stricken out on the ground of vague
ness and uncertainty, and because the precedin
part of the proviso was alleged to cover IN
ground sufficiently. ~ - - -
The provision in Section regarding additions
oaths or tests Of electoral qualifications was no
contained, az least specifically, in the old Cor
stitution. There are some other changes in III
Article, but relating mainly to phraseology an
arrangement
ARTICLE UI-DlsTRIBUrIoS OF POWERS
This Article ia identical with that of the oil
Constitution-dividing the powers of the GOV