Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-04
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

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 liberation dis
claiming forever all right and title TO unappropri
ated public lands which are left to the sole dis
position of the United States eNempting 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 ciii-
zeps ofthe proposed state. These enactments 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, grute.
ful 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-DECLARATIoH OF RIGHTS.
Section declares all men by nature fIcc and
equal, possessing certain malienablc rights, etc,
the language of the section being merely IN am
plihcation of the Declaration of Independence.
section asserts that the doctrine of the inhe.
rent political power of thepeople, and their right
to establish or change their form OF Government,
and continues: - But the paramount allegiance
of every citizen is due Il Che Federal Govern
ment, 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
80,
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 perpeluate its existence and whatsoever any
portion of the States or people thereof, attempt
to secede from the Federal Union, or forcibly r..
siSt the execution Of its laws, the Federal Gov
eminent may. by warrant of the Constitution,
employ armed force in compelling obedience 70
its authority.
Section establishes the right of trial by jury,
but provides that Ihrre-tnurthS OF Il jury in any
civil case may find Il verdict unless the Lrgsla
ture by two-thirls vote shall require such ver.
diets to be unanimous.
sections requires perfect religious liberation
and freedom Of conscience. No person 10 be eX-
cluded AZ Il witness on account of religious Opin'
ions. ...-. ........... -..
Section : secures the writ of habeas corpus.
except in eases of rebellion or invasion.
Section o pTOulUllS tAsCsSlbt O'tl, CIutl VI uu
usual puniShments, etc .r. .
Section 7requires that all persons accused shall
be bailable, except for capital offenseS.
Section prohibits trials for crime except on
pre>eutnent or indictment, and establishes the
usual safeguards rs to personal and property rights.
Section secures the freedom OF speech and OF
the press and allows the truth to be given in cy-
idence i'll actions for libel by way classification.
Section 10 establishes the right OF the people 20
hold public meetings. etc.
Section II SuborIluateS the military to the civil
power prohibits a standingarmy in time Of peace,
and limits army appropriations in time of war 1"
two years.
Section 10 forbidS the billeting OF soldiers.
Section r. Representation shall be upporiioned
according 10 population.
Section II requires the exemption ola reasonable
amount OF property from execution for dcb', and
forbidS Imprisonment for debt, except in case nt
fraud. libc! or Islander"
Section 10 forbidS the passage Of any bill Of At.
taiuder, ex post faeto law. OF law impairing the
obligation of contracts.
Section 10 secures TO foreigners, on becoming
bona tide residents the same property rights AZ
native-born citizens.
Section II prohibits slavery,
Section ls protects the people against unreas-
enable searches and seizures, and restricts the Is
suing of search warrants.
Section l9 defines treason against the State las
IN the L Olttu States anu TSAluHtN
for conviction the testimony OF two witnesses
TO the same overt act confession in open Court.
Section 20 reserves TO the people any aud ;lll
rights not enumerated.
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance" clause of Section ). which i'll the old
Constitution read thus But the paramount; al
iegiance 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 TO impair, subvert or resist the
supreme authority nf the Government Of the
United States. The Constitution of the United
states conters full power on the Federal Govern
mvnt TO maintain and perpetuate it, existence,
and whensoeyer any portion of the States, or poo
pie thereof attempt TO secede from the Federal
Cnon or torcibly resist the execution Of lis laws
the Federal Government may, BY warrant OF the
Constitution, employ armed force in compelling
obedience to its authority.
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, as being sufficiently provt,
ded for in the article on Legislative Department.
The words libel or SANDER" were Inserted
in Section II, relative TO imprisonment for debt.
on account Of the adoption of stringent prori-
sionsfor the prevention and punishment OfduellinS
The provision in Section 70. relative to con-
victions of treason, was not contained in the old
Constitution.
ARTICLE II-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 cieciion; pro-
vides that no person convicted ofreason 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
socalled Confederate States, or either OF them,
unless an amnesty be granted 20 such by the
Federal Government, and no idiot or insane per-
SON. shall be entitled TO the privilege of an eectOr
Section provides that no person shall be
deemed TO have gained or lost residence for the
purpose of voting while in tile service OF the
United States, while student in any seminary OF
learning, nor while kept in any almShousc, aSy-
INN 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 Is required of such voters
Section prohibits arrests on civil process on
election days.
Section provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
rirG uoce.
Section 6 requires the enactment of a registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests of electoral qualification.
Section requires the leYyln6 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, uneivlized American | dians ex-
cepted, one half TO go for State and one half for
county purposes. The payment of such tax may
i'm the discretion of the Legislature, he made a
condition to the right of voting. .-.
Section relates to the qualifications ofv
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 10
come to Nevada. In the last paragraph Of the
secion, after a. Idiot or insane" the words OF
disloyal person" occurred in the old Consultation
These were stricken out on the ground Of vague
ness and uncertainty, and because the preceding
part of the pToviso 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
stitutiou. There are some other changes In the
Article, but relating mainly to phraSeology and
/ arrangement Iasia 70
ARTICLE REDISTRIBUTION OF POWERS
This Article IL identical with that of the old
. IL. 8 Al -