Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-16
CONSTITUTION OF NEVADA,
,oNsrITurIoMoF NEVADA.

80. .5on,ed on the seventh day of sep
s ,.ober I. is greatly condensed, occupying
~, :, traction of the room required for the
nrbl;ca,ion of the whole document OUT VIII
he found equally useful and tar more con-
content for reference:
,,-,..i;ne tht Constitution proper TS.,
''Son1inr the Consultation OF me Cpiteo
noa 49, "a ,nS ordinance forever proh'oluns sia-
states 49, prrfrct religious toleration, dis
FeI!,s' t,r,ysr all right and title to nnapproprt
80 r,blic lands, which are Iet' 20 tue sole ols-
I;,fop Of the United States exenPtlnS from
pTtripp all lands and other properly OF the Uni
taN"..o md declaring tia, lands of non-resi.
tea Ill mot be taxed higher than lands of ctii-
- ofth,. proposed tate these enact,nents sre
- in compliance with the terms OF the f'nS
~ ar, and are declared irrsyocaole without
the consent OF tuv SH,'N~
f,b4 Srarr OF Nevada -,
I,b- preamble 10 the Constitution IL tne sAno
a. ,bat OF the old Constitution. II reS's mus
I'VE. the people OF the State OF NeEa"a, sIS.e
sscnr- It's 6iessings insure domestic tranqull,y
snd h,r,n "A more perfect Government DO estao-
lish this Constellation
ARTICLE I-DECLARATtoN OF hsHiS
S..,;,n / declares all men by nature lice and
equal possessing certain lnsheuAote risu's, esc,'
tb,. Language Of the section being merely an am
,I;scs,fnp OF the Declaration OF Independence.
-s,tcn ;. asserts that the doctrine of the inhe-
rent noires. power OF the people, and their right
,os.htbli,h or change their form Of Government,
arS coutiuurS: - But the paramount allegiance
of-yrry citizen Is due &c The Federal Govern
n,.nt In the exercise of all Its constitutional pow
Or. A. the same have been or may be defined by
m, 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-
ptction Herewith, or perform any act tending to
uvair subyert 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 to maintain
and perpetuate its existence, and whatsoever any
portion of the States, people thereof, attempt
10 secede from the Federal Union, or torcibly 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 establishes the right of trial by Jury,
but provides that three-fourIhs of jury in any
civil case may ind verdict unless the Legisla
ture by atwo-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 opip-
Ions.
Section secures the writ of habeas corpus,
except in eases Of rebellion or invasion.
Secnoo prohibits excessive bail, cruel or
usual punishmentS, etc
Section requires that all persons accused shall
be bailable, except for capital ofenses,
Section prohibits trials for crime except on
presentment 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 ey-
idence in actions for libel, by way classification
Section 10 establishes the right Of the people TO
hold public meetings, etc.
Section II subordinates the military 20 the civil
power prohibits standing army in time OF peace,
and limits army appropriations in time OF war to
two years.
Section l2 forbids the billetng of soldiers.
Section Is Representation shall be spPortioned
according 10 population
Section II requires the exemption Of reasonable
amount of property from execution for debt, and
torbids imprisonment for debt. except in Csss OF
fraud libel or Islander"
Section Is forbidS the passage Of any bill Of at
tAinder. ex post facto law, or law impairing the
obligation OF contracts.
Section 10 secures 10 foreigners, on becoming
bona fde residents, the same property nights as
pative-born citizens.
Section IL prohibits slavery.
Section ls protects the people against unreas-
enable searches and seizures and restricts the is
suing of search warrants.
Section 10 defines treason against the state (as
in the United States CONSTITUTIONAL and requires
for conviction the Testimony of two witnesses
TO the same overt act, 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 Section ., which in She old
Constitution read thus :" But the paramount a.
legianee of every citizen Is due 10 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 10 impair subyert or resist the
supreme authority OF the Government OF the
United States. The Constitution Of the United
States coufers full power on the Federal Govern
nn-nt 10 maintain and Perpeiuate It's existence,
and whatsoever any portion Of the States, or peo-
pie thereof, attempt 10 secede from the FederN
Union or forcby resist the execution OF its laws
the Federal Government may, by warrant OF the
Constii ution, employ armed force In competing
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 Islander" were inserted
in Section IA relative TO imprisonment for debt,
on account Of the adoption OF stringent proSi-
Eonsfor the prevention and punishment ofdueuinS
The provision in Section ~. relative 70 con-
victions of treason. was not contained IN the old
Constitution
ARTICLE u-RI6HT OF SUFFRAGE.
Section eoufers the RICH. Of suffrage on every
white male citizen OF the United -tates, twenty
one wears OF age and upwards, who snail nave
Actually and not eonsiruetively resided in the
Stat. six mohihs and in the district or county
thirty days next preceding any election ); pro-
vidrs thar person convicted oftreason or felony
in any State or Territory of the United States,
unless restored 10 civil rights, and no person who
after arriving al the age of eighteen years, snail
have voluntarily borne arms against the U nited
States or held civil military office under the
so-ealed 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 eieetor
Section provides that person shall be
deemed 70 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 10 United
States soldiers and sailors Nc poll tax or regis
traiion Is required of such voters.
Section prohibits arrests on civil process on
election days.
section provides that all elections by the peo-
pie shall DO BY ballot, and by the Legislature
rtr6 rocS.
section requires the enactment Of 4 registry
law, and authr rizes the Legislature 10 prescribe
rules or oaths as tests Of electoral qualification
Section requires the levyng of an annual poll
tax of from two four dollars, on all male resi-
dents between the ages OF twenty-one and sixty
years of age, uncivilized American dams ex-
eepted ons-halfto go for State and onehalf for
county purposes. The payment of such tax may,
In the discretion of the Legislature, be made a
condition 10 the right OF voting.
Section relates 10 the qualifications of voters
on the adoption or rejection of rhis Constitution.
In Section RE 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 10 Nevada. In the last paragraph of the
section, after - idiot insane" the words or
disoyal person" occurred 10 the old Constitution.
These were stricken ont 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 6 regarding additional
oaths or tests OF electoral qualifications was not
contained a; least specifically, in the old Con-
stitution. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement
ARTICLE Hf-DIsrRIRuTIoS OF POWERS
This Article il identical with that of the old
nan.,itntinn-iiyidng the no1r.r. - IL. q y