Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-07
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

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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 lisa 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
posit ion 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 shall not be taxed higher than lands of ci;.
Gems ofthe proposed state. These enactmcnts 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 is the same
as that of the old Constitution. II reads thus ::
I'VE, 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 estab-
lish this Constitution"
ARTICLE I-DECLARATIOS OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain lualltuuOic rights, ETC.,
the language uf the section being merely an am
pliticatiOn OF the Declaration of Independence.
SECTION : asserts that the doctrine of the iuhe-
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 tS the Federal Govern
ment i'll 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
nectiou 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 cOnfrrs tnll
power on the Federal Government to maintain
and perpetuatr its existence aud whatsoever any
portion of the States or people thereof, attempt
to secede from the Federal Union, or furcibly 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 establishes the right OF trial by jury,
but provides that three.tOurlhS OF u Jury in any
civil case may lind verdict unless the LegislH
ture BY two.thirds vote shall require such YER
diets TO be unanimous.
section requires perfect religious federation
and freedom of conscience. No person TO be eX-
cluded us 4 witness on account of religious Opip-
ions.
Section ) secures the writ OF habeas corpus,
except in cases of rebellion or invasion
Section 3 prohibits excessive ball. cruel or I'M.
usual punishmentS, etc
Section requires that all persons accused shall
be bailable except for capital offenSes.
Section 6 prohibits trials for crime except on
presentncnt or indictment, and establishes the
usual safeguards personal and property rights.
Section secures the freedom of speech and of
the press, and allows the truth TO be- given in ev
dence, i'll actions for libel by way classification.
Section 10 establishes the right of the people 10
hold public meetings, etc.
Section III Subordnatrs the military To the civil
power. prohibits a staadingGrmy in time OF peace,
and limits army appropriations in time OF war 10
two years.
Section Il forbidS the billeting of soldiers
Section r. Representation shall be apportioned
according 10 population.
Section II requires the exemption ola reasonable
amount OF property from execution for debt, and
forbids imprisonment for debt, except in case of
fraud, libel or Islander"
Section Is fOrbidS the passage of any bill OF at
tander, ex post facto law, or law impairng the
obligation of contracts.
Section 10 secures 10 foreigners. on becoming
bona tide residents the same property rights as
native born citizens.
Section II prohibits slavery.
Section lS protects the people against unrc;ss-
enable searches and seizures, and restricts the is
suing of search warrants.
Section 10 defines treason against the State (as
in the United States ConStitution), and requires
for conviction the testimony of two witnesses
20 the same overt act, or confession in open Court
Section ~ reserves to the people any and ell
rights not enumerated.
The most considerable change from the old
Constitution in this Article is i'll 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
GnrarOrnauf and n pNisrS in Ihp upODlp
of this any other State in the Federal Union TO
dissolve their connection Herewith, or perform
any act tending to impair, subvcrt or resist the
supreme authority oi the Government OF the
United States. The Constitution of the United
states contrrs full power on the Federal Govern
ment TO maintain and perpctuatc its existence,
and Ybensoever any portion Of the States, or eo'
pie thereof attempt TO srcrde from the Federal
Union or forcibly resist the execution Of its laws
the Federal Government may, by warrant OF the
Constitution, eInplcy armed force III 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 prnfl'
DEED for in the article on Legislative Department.
The words Libel or SANDER" We're inserted
in Section II, relative to imprisonment for debt,
on account of the adoption of stringent proyi-
sions for the prevention and punishment otdueiling
The provision in Section II, relative to CON
victions of treason, WAS not contained in the old
Constitution.
ARTICLE lI-RIGHT OF SUFFRAGE.
Section conters 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 oftreas0n or felony
in any State or Territory of the United States,
unless restored TO civil rights and no person who,
after arriving at the age of eighteen years, snail
have voluntarily borne arms against III" 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 an clecior
Section provides that no person shall he
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, asg-
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 OH
election days
Section ) provides that all elections by the peo.
pie shall be by ballot, and by the Legislature
rira uoes.
Section requires the enactment of a 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-
dents between the ages of twenty-one and sixty
years of age, uncivilized American dians ex-
cepted, ne-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 Il
condition to the right ofyoting
Section relates TO the qualifications of voters
on the adoption or rejection of this Constitution.
In Section tie words actually and not con-
structiyely" 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
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.
The provision in Section regarding additional
oaths or tests of electoral qualifications was moi
contained, at least specifically, in the old Con
stitution There are some other changes in the
Article, but relating mainly to phraseology and
| arrangement
.prTcI = CHARACTERIZATION OF POWERS