Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-06
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

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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 liberation, dis
claiming forever all right and title to unappropri
ated public lands which are left to the sole dis
position of the United States; exempting from
taxation all lands and other property of the Uni
ted States, and declaring that lands of non-resi'
dents Shallnot be taxed higher than lands Of citi
Zens ofthe proposed state. These enactmentS are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocable without
the consent of the United States and of the people
of the State Of Nevada.
The preamble to the Constitution is the same
as that OF the old Constitution. 1t reads thus :
" We, the people of the State of Nevada, CRATE
full TO Almighty God for our freedom, in order to
secure its blessings insure domestic tranquility
and form more perfect Government, do cStab-
lsh this Constitution"
ARTICLE I-DECLARATIOS OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienabe rights ETC.,
tue OF tue section DtllS merely an AN
plication Of rhe Declaration Of Independence
section aassertS 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: 4" But the paramount allegiance
of every citizen is due &c the Federal Govern
ment 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 TO
impair, Subrert 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 whatsoever any
portion Of the States, or people thereof, attempt
TO secede from the Federal Union or forci6ly 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"
Section 3 establishes the right of trial by Jury,
but provides that three-fourths OF u jury in any
civil case may find 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 witness on account Of religious opin-
ions.
Section ) secures the writ of habeas corpus,
Section 6 prohibits excessive bail, cruel or UNI
usual punishmentS, etc
Section requires that all persons accused shall
be baiable, except for capital offenseS.
Section prohibits trials for crime except on
preseItment or indictment, and establishes the
usual safeguards to personal and property rights.
Section secures the freedom OF speech and OF
the press, and allows the truth 10 be given in
idence, i'll actions for libel by way classification.
Section 10 establishes the right of the people TO
hold public meetings, etc.
Section II subordinates the military TO the civil
power, prohibits standing army i'll time of peace,
and limits army appropriations in time of war 10
two years.
Section u forbids the billeting of soldiers.
Section -. Representation shall be apportioned
according TO population.
Section IA requires the exemption of reasonable
amount of property from execution for debt, and
forbids imprisonment for debt, except in case of
fraud, libel or SANDER.
Section Is forbidS the passage of any bill of at
tainder, ex post tacto law, or law impairinG the
obligation of contracts.
Section IL secures 10 foreigners, oil 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
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 20 the people any and all
rights not enumerated.
The most considerable change from the old
Constitution i'll this Article is in the paramount
allegiance" clause of Section >, which in the old
Constitution read thus: But the paramount al
eGisnce 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 70
dissolve their connection Herewith, or perform
any act tending to impair, subvert or resist the
supreme authority of the Government OF the
States conters full power on the Federal Govern
ment to maintain and perpetuate Its existence,
and whensoever any portion of the States, or peo-
pie thereof, attempt to secede from the Federal
Union, or forciby 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 as being sufficiently provi.
ded for in the article on Legislative Department.
The words libel or SANDER" We're inserted
in 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 -, relative to con.
victions of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHT 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 constructively resided in the
State six months, and in the district or county
thirty days next preceding any election pro-
vides that no 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 TO the privilege of elector
Section 9 provides that no 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 TO 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 by the Legislature
uiSa uoeS ......
Section requires the enactment of a registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification
Section 7 requires the levying of an annual poll
tax of from two to four dollars, oil all male resi-
dents between the ages of twentyone and sixty
years Of age, uncivllized. American |" dians ex-
cepted, one-halfto go for State and one-half for
county purposes. The payment of such tax may,
in the discretion of the Legislature, be made Il
condition to the right of voting.
Section relates to the qualifications ofvoters
on the adoption or rejection OF this Constitution.
In Section l tie words actually and not con-
struetively" 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
secion, after Idiot or insane" the words Z" or
disloyal 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. aaa.. #....G
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 III-DISTRIBUTIoN OF POWERS.
This Article il identical with that of the old
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