Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-14
!. CONSTITUTION OF NEVADA.
:ri.;n;,INlsrIrnrroN o. NEVADA.

,hstrac, of the Constitution OF the state o.
Nevada. adopted on the seventh day of Sep.
,suber. II is greatly condensed, occupying
bu. fraction of the room required for the
publication of the whole document, but will
be found equally useful and far more con-
yenient for reference: a3-
Preceding the Constitution proper Is resolu.
ZION adopting the Constitution of the United
States and ordinance forever prohibiting sla.
yerv securing perfect religious liberation 6ix.
claiming forever all right and title to unappropri.
afed public lands, which are left TO the sole ais.
position Of the United States; exemptinR from
taxation ali lands and other property Of the Uni
ted States, and declaring thar lands of noa.resi-
dents shall not be taxed higher than lands OF cit
1ens ofthe proposed state These rpaclrren are
made in compliance with the terms of the Ens
bling Act, and are declared irreyocable without
the consent OF the United States and Of the peoPe
1.-THE State OF Nevsda.
The preamble to the Constitution Is tne Sane
as that Of the old Constitution; N.r reSas Sr".s.
We, the people of the State OF NevaaA sIa.e r
tni to Almighty God for our freedom ~ oauer ~
secure its blessings, insure domeshe uSnqulniy
and form a more perfect Government 40 estso-
lish this Constitution
. .- ARTICLE I-pECLARATloN OF RIGHTS.
Section declares all men by nature ffee and
4onsI posssssing certain inalienable rights, ETC.,
the Language Of the section being merely
nli6eation Of the Declaration Of Independence.
section asserts that the doctrine Of the inhe-
rent political power Of the people, and their right
10 establish or change their iorm Of Government,
and continues: " Bnt the paramount allegiance
ofevery citizen Is due &c The Federal Govern
ment, in the exercise ofsilits constitutional pow
ers AZ 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 70 dissolve their con-
nection Herewith, or perform any act tending 10
impair, suovert or resist the supreme authority
OF the Government of the United States. The
Con- titution of the United States eonfers full
power on the Federal Government TO maintain
and perpetuate its existence, and whensoever any
portion of the States, or People thereof, attempt
10 seeede from the Federal Union. or foreioly 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 3establishes the right of trial by jury
but provides that three-fourthS Of jury in any
civil case NAV lind verdict unless the LegiSla
ture by twc-thirds vcSe shall require such YER
diets 10 be unanimous.
Section requires perfect religious federation
and freedom Of conscience. No person TO be ex-
elnded as a witness on account of religious opiD-
Ions. ..s--r-... a..'.
Section 5 secures the writ of habeas corpus,
except in eases of rebellion or invasion $751;,
Sectlon prohibits excessive bail, cruel or I'M
Rsnal punishments, etc
Section requires that al persons accused shall
be bailable, except for capital ofenses.
Section prohibits trials for crime except on
preseutment or indictment, and establishes the
usual safeguards as to personal and property rights
Section secures the freedom of speech and oil
the press and allows the truth 20 be given in ev'
- idence in actions for Libel, by way classification
Section 10 establishes the right Of the people to
hold public meetings, etc. :,
Section II subordnates the military to the civil
power, prohibits standing army in time OF peace,
and limits army appropriations IN time OF wN 10
two years.
Section 70 forbids the blleting of soldiers.
Section IL Representation shall be apportioned
according TO population.
Section II 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 Islander"
Section Is forbids the passage of any bill Of at.
tsindsr ex post faeto 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 Is 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 ConstiEuton), and requires
for conviction the testimony OF two witnesses
TO the same overt act or confession in open Court
Section 20 reserves 70 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 ,, which in the old
Constitution read thus But the paramount al
legiance 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 eonfers full power on the Federal Govern
Inent to maintain and perpeIuate its existence,
and whensoever any portion OF the States, or PEG,
ple thereof attempt 10 secede from the Federal
Union, or forcbly resist the execution OF its laws
the Federal Government may, by warrant OF the
Constitution, employ armed force IN compelling
obedience TO It's authority.
Section IL Of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc, was stricken out, rs being sufficiently Prov
ded for in the article on Legislative Department.
The words libel or SANDER" were inserted
in Section Il, relative 70 imprisonment for debt,
on account of the adoption of stringent provi-
ssons the prevention and punish ment ofduelins
The provision in Section 10, relative TO con.
yietons of treason was not contained in the old
Constitution. .......
ARTICLE u-RIGHT OF SUFFRAGE.
Section eoufers the right Of suffrage on every
white male citizen Of the United states, twenty
actually and not eonstruetively resided in the
State SIX months, and in the district or county
thirty days next preceding any election pro-
yides tha: no person convicted oftreason or felony
in any State or Territory OF the United states
unless restored 70 civil rights, and no 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-ealled Confederate States, or either OF them,
unless an amnesty be granted TO such by the
son. shall be entitled to the privilege Of an eleetor
Section . 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 almShouse, tESy-
lum or prison AZ the public expense.
Section 3 secures the right of suffrage 10 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.
section provides that all elections by the peO.
pie shall be by ballot, and by the Legislature
rir0 roes. g..
Section requires the enactment of registry
law, and authorizes the Legislature 10 prescribe
rules or oaths as tests OF electoral qualification
Section requires the leyying Of an annual pol
tax of from two to four dollars, on all male resi-
dents between the ages of twenty-one and sixty
years Of age uneivilized American / dams ex
eepted, one-halfto go for State and one-hat fol
county purposes IHc Ileuh VI SASu e0->
in the discretion of the Legislature, be made q
condition 20 the right Of voting.
Section relates to the qualifications of voters
on the adoption or rejection of this Constitution
In Section l tie words actually and not con
structiysly' were not in the old Constitution
They wers inserted 20 prevent he possibility Of
reckoning the residence or the voter from the
time he leaves some other state or county &c
come TO Nevada In the last paragraph Of the
section after idiot or insane" the words "OI
disloyal person" occurred in the old Constitution
These were stricken out on the ground of vague
ness and uncertainty, and because the preeedins
part Of the proTiso was alleged to cover The
ground sufficiently. .ssa.. ...-...
The provision in Section 6 regarding additional
oafhs or tests of electoral qualifications was mo-
contained az least specifically, in the old Con
sntntion, There some other changes in the
Article, out relating mainly TO phraseoogy ant
Arrangement "a
ARTICLE INSTRUMENTATION OF POWERS.
This Article il identical with that of the OLD