Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-05
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-
renient for reference:
preceding the Constitution proper 10 resolu.
ton auoptnS the Constitution of the United
states and an ordinance forever prohibiting ala.
very securing perfect religious federation, dis.
claiming forever all right and title to unapproprl
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 shall not be taxed higher than lands of citi.
zens ofthe proposed state. These cnaetnents are
made in compliance with the terms of the Epa
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 Ia the same
AZ that of the old Constitution II 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 q more perfect Government, do esta6-
lish this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS
Section declares all men by nature free and
equal, possessing certain inalienabe rights ETC.,
the language of the section being merely an am
plilcation of the Declaration of Independence
section ; asserts 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: " But the paramount allegiance
of every citizen is due TO tho Federal Govern
ELL
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, 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 Government to maintain
and perpetuate its existence, and whensoever any
portion of1he 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 compelling obedience to
its authority" '..F
Section 3 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 two-thirds 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 opln.
ions.
Section secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section 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 on
preseptment or indictment, and establishes the
usual safeguards as to personal and property rights
Section 9 secures the freedom Of speech and of
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 II 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. D.. ....
Section - forbids the billeting of soldiers.
Section -. Representation shall be upportioned
according TO population.
amount of property from execution for debt, and
forbids Imprisonment for debt, except in case of
fraud libel or SANDER"
Section 10 forbids the passage of any bill of at
tainder, ex post facto law, OF law impairing the
obligation of contracts.
Section 10 secures TO foreigners, on becoming
bona ide residents the same property rights M
native.bOrn citizens
Section II prohibits slavery.
Section ls projects the people against unreas-
enable searches md seizures, and restricts the is
suing of search warrants.
Section 10 defines treason against the State las
in the United States Constitution, and requires
to the ame 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 ., which in the old
Constitution read thus " But the paramount al
leglance 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 TO
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 OH the Federal Govern
ment to maintain and perpetuate its existence,
and whatsoever any portion Of the States, rpeo-
pie thereof attempt TO secede from the Federal
Union, or fOrcibly resist the execution of It's laws,
the Federal Government may, by warrant Of the
Constitution, employ armed force In compelling
obedience ~ its authority"
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., WAS stricken out, being sufficiently provi-
ded for in the article on Legislative Department.
in Section II, relative TO imprisonment for debt,
on account of the adoption of stringent provi-
siOnstor the prevention and punishment ofduelling
The provision in Section 10, relative to con.
yictons 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 ago and upwards, "who shall have
Al L. Nha
State six mohths 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 no 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-cRlled Confederate States, or either of them,
unless an amnesty be granted y such by the
Federal Government and no idiot or insane per-
son. shall be entitled to the privilege of nm elector
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 a student In any seminary Of
learning, nor while kept In any almshouse, asy-
lum or prison at the public expense
Section 3 secures the right Of suffrage 10 United
States soldiers and sailors Nc poll tax or regis
tration ~ required Of such voters.
Section 4 prohibits arrests on civil process on
election days.
Section 5 provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
uird Uoce.
Section requires the enactment of registry
law, and authorizes the Legislature to prescribe
rules or oaths e. 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 l. dans ex.
cepted, one-halfto 60 for State and one.hRlf 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 Of voters
on the adoption or rejection Of this Constitution.
In Section tie 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 to Nevada. In the last paragraph of the
sec ion, after idiot or insane" the words or
disloyal person. occurred In the old Contribution.
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
oatbs or tests Of electoral qualifications was not