Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-14
CONSTITUTION OF NEVADA.
coNsTITUTIoN OF NEVADA.

The following is complete and correct
abstract of the Constitution of the State Of
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 .r. ~.
Preceding the Constitution proper is a Tesoiu;
ton adopting the Constitution OF me oniteu
States and an ordinance forever prohIolting sla-
very, securing perfect religious tolerauon, urS'
claiming forever all right and title to unaPproPil'
ated public lands, which are left to the sole us
position of the United States; exemPtihg nun l1i
taxation ali lands and other property Of the on,'
ted States, and declaring that lands OF nohies vi
dents shall not be taxed higher than LANDS OF Gu,
zens ofthc proposed state. These enactment are
made in compliance with the terms OF Ine Emu
bling Act, and are declared irreyoca6le 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. 1t reads tnuS
1--WE, the people of the State of Nevada CRATE
full to Almighty God for our freedom, in order 10
secure its blessings, insure domestic tranquility
and form u more perfect Government, 90 es'ap'
lish this Constitution" a.
ARTICLE DECLARATION OF RIGHTS,
Section declares all men by nature fiee ana
equal possessing certain inalienable rights, elc'
the language of the section being merely an am
obligation of the Declaration of Independence.
section , asserts that the doctrine of the inne'
rent political power of the people, and their right
10 establish or change their form Of Government,
and continues: " But the paramount allegiance
of every citizen is due to the Federal Govern
ncnt, 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 10
impair Subvert or resist the supreme authority
Of the Government of the United States. The
COM titutiOn of the United States confers full
power on the Federal Government TO maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
TO 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 competing ooedehce W
its authority"
Section 3 establishes the right of trial by jury
but provides that three.fourths of a jury In any
civil case may find verdict unless the Legisla
ture by two-thirds vote shall require such YER
diets TO be unanimous.
section requires perfect religious liberation
ana IFRcuOUl OF cOuhSlCuCc pClsOh " NC
cluded as a witness on account of religious opin'
IONS
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section prohibits trials for crime except OH
presentment 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 to 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 IL subordinates the military to the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time of war to
two years.
Section II iSrbids the billetng Of soldiers.
Section H. Representation shall b apportoned
according 10 population.
Section II requires the exemption of q reasonable
amount of property from execution for debt, and
forbids imprisonment for debt, except in case OF
fraud, libel or SANDER"
Section Is forbds the passage of any bill OF at
tainder. ex post facto law, or law impalpagihe
obligation of contracts.
Section IL secures 10 foreigners, on becoming
bona ide residents, the saTe property risats q
native born citizens. ~
Section II prohibits slavery.
Section Is protects the people against unreas'
enable searches and seizures and restricts the s'
suing of search warrants.
Section 10 defines treason against the State (Rs
in the United States COnstitution), and requires
for conviction 1.-The testimony of two witnesses
10 the same overt act or confession In open Court
Section 20 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 9, which in the old
Constitution read thus: But the paramount al.
lrgiance 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 confers full power OH the Federal Govern
ment to maintain and perpetuate its existence,
and whensocver any portion of the States, or peo,
pie thereof. attempt TO secede from the Federal
Union, orcibly 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 II of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, az being sufficiently proyi.
dcd 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 provi-
SOnsfOr 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 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-
vids 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-caled 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 elecor
Section 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 n student in any seminary OF
learning nor while kept in any almshouse, asy.
lum or prison ut the public expense.
Section 3 secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis.
tralon 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
piEd UoCe.
section 6 requires the enactment of u 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 twentytone and sixty
years of age, uncivilized American diana ex-
ceptcd one-halfto go for State and one-half for
county purposes. The payment of such tax may,
in the discretion the Legislature, be made a
condition TO the right of voting.
Section & relates to the qualifications Of voters
on the adoption or rejection Of this Constitution.
In Section tie words actually and not con-
structiveIy" 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
sec ion, after Idiot or insane" the words " or
disoyal 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. ....... % s.sr,... .. ..
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
contained, at least specifically, in the old Con.