Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-13
CONSTITUTION or NEVADA.
coNsTiTUTIoN OF NEVADA.

IeuUeE. II ID BEeahy SohNS~l S'~NNPy AnB
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: 1.
Preceding the Constitution proper is Tesolu;
ton adopting the Constitution OF ine on A'a
states and AM ordinance forever prohibiting sla-
very, securing perfect religious tolerauon, US
claiming forever all right and title to unapproPn'
ated public lands which are left to the sole uls-
position Of the United States; exemptlng IRON
taxation all lands and other property OF tne uni
ted States and declaring that lands OF N a,.i
dents shall not be taxed higher than lands o. cil
zens ofthe proposed state. These enactmentS are
made in compliance with the terms OF tne Ena
bling Act, and ure declared irreyocable wtno1t
the consent of the United States and ofthe people
of the State of Nevada. -..c., -
The preamble to the Constitution is the same
as that Of the old Constitution II readS tnus'
1--WE, the people Of the State of Nevada grave
full to Almighty God for our freedom, IN ordeI 70
secure its blessings, insure domestic tranquiliy
and form more perfect Government DO estao'
lish this Constitution"
ARTICLE I-DEcLARGTIoN OF RIGHTS.
Section declares all men by nature nee anu
EQUAL possessing certain inalienable ignls etc.
the language Of the section being merely an alh
Utilization of the Declaration of Independence.
Section asserts that the doctrine of the inhe.
rent political power of the people, and their Tlglt
TO establish or change their form of Government
and continues: But the paramount allegiance
of every citizen is due to the Federal Govern
nlent, in the exercise of all its constitutional pow
ers, as the same have been or may be dehned oy
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 suhvert or resist the supreme authority
of the Government of the United States. The
Con. titution of the United States conters tull
power on the Federal Government to maintain
and perpetuate It's existence, and whensoever 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 warrant of the Constitution,
employ armed force in compelling Obedience 10
| its authority"
Section establishes the right of trial by jury,
but provides that three.fourths of jury in any
civil case may find verdict unless the Legisla
ture by q twOthirds vote shall require such yer.
diets to be unanimous.
section requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded as a witness on account of religious opin-
| IONS g.,
except in cases of rebellion or invasion
| Section prohibits excessive bail, cruel or un-
| usual punishments, etc
be bailable, except for capitaEofenses.
Section prohibits trials for crime except on
| prespnfmeut or indictment, and establishes the
alsarguards as to personal and property rights
Section secures the freedom of speech and OF
the press and allows the truth to be given In ey.
dence in actions for libel, by way Identification
Section 10 establishes the right Of the people to
| hold public meetings, etc. ..s...
Section ii subordinates the military to the civil
power prohibits a standing army In time of peace,
and limits army appropriations In time of war to
| two years.
Section I2 forbids the bIeting of soldiers.
| Section -. Representation shall be apportioned
according TO population.
Section II requires the exemption ofa reasonable
| amount OF property from execution for debt, and
Corbids imprisonment for debt, except in case OF
| fraud, libel or SANDER" .-.-
Section Is forbids the passage of any bill of at
tainder, eX post facto law, or law impairlnB the
| obligation Of contracts
Section Ii secures TO foreigners, on becoming
bona tide residents, the same property rights rs
! natiye-born citizens
Section II prohibits slavery.
| Section IL protects the people against unrcas-
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
to the same overt act, confession In open Court
Section 90 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 ., which in the old
Constitution read thus " But The paramount al.
| lcEiancc 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 10 impair, subvert or resist the
supreme authority of the Government Of the
| United States. The Constitution of the United
states confers full power on the Federal Govern
ment to maintain and perpetuRte its existence,
and whensOever any portion Of the States, or peo'
pie thereof attempt to sccede from the Federal
Union, CT forcibly resist the exception of Its laws
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience tn 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" were inserted
in Section IA, relative TO Imprisonment for debt,
on account of the adoption of stringent provi-
sionsf the prevention and punishment ofduelling
The provision in Section 10, 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 wears OF age and upwards, who shall have
actually and not construetiyely resided In the
State six months, and in the district or county
thirty days next preceding any election !" pro-
vides that 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 10 such by the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege of an elector.
| Section provides that no person shall be
deemed to have gained or lost residence for the
4 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.
tration Is required of such voters.
Section prohibits arrests on civil process on
election days. ..# .-r..
Section 5 provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
vira u0ce.
Section requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules 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 aud sixty
years of age, uncivilized American 1 dians ex-
cepted, one.halfto 60 for State and one.half for
county purposes. The payment of such tax may,
In the discretion of the Legislature, be made a
condition TO the right of voting
Section relates to the qualifications ofvoterS
on the adoption or rejection of this Constitution.
In Section ! tie words actually and not con-
structivGly" 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
cion. after idiot or insane" the words or
dsloyal 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 proyiso was alleged to cover the
ground sufficiently. = s...t'" 40 .1-
| The provision in Section 6 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 ADMINISTRATION OF POWERS.
This Article IL identical with that of the old
4 NJ MT finrA .1t,-sl. IL. ~