Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-03-08
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

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
Preceding the Constitution proper is a 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
posit ion of the United States exelnpting from
taxation all lands and other property of the Uni
ted States, and declaring that lands of non-resi
dents shall not he taxed higher than lands of cit
Gems ofthe proposed state These enactnents are
made in compliance with the terms of the Ena
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 is the same
as that of the old Constitution. 1t reads thus:
| "W 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 a more perfect Government do estab-
fish this Constitution"
ARTICLE l-DECLARATIoS OF RIGHTS.
Section declares all men by nafure free and
the language of the section being merely am.
| pliication of the Declaration OF Independence.
Section asserts that the doctrine of the iuhe-
| 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 tS the Federal Govern
ment, in the exercise ofalits constitutional pow
! ers, as the same have been or may be defined by
| the Supreme Court of the United States and no
| power exists i'll the people OF this or any other
! state of the Federal Union TO dissolve their
nection Herewith, or perform any act tending 10
! impair Subrrrt or resist the supreme authority
! of the Government of the United States. The
| Constitution of the United States cnufcrs full
power on the Federal Government to maintain
| and perpetuate its existence. and whatsoever any
portion Of the States or people thereof, attempt
| TO seccde from the Federal Union, or furcibv re.
| siSt the execution OF its laws, the Federal Coy
eminent may, by warrant of tine Constitution,
employ armed force in compelling obedience TO
| its authority.
Section establishes the right Of trial by jury,
! but provides that three-fOurtbs OF jury in any
civil case may lind Il verdict unless the LegiSla
| tUre by twO-thirds vote shall require such YER
| diets 10 be unanimous
/ Section requires perfect religious liberation
and freedom of conscience. No person to he eX-
cluded as witness ON account oil religious Opip-
! ions.
Section 5 secures the writ of habeas corpus,
except in Eases of rebellion or invasion.
Section prohibits excessive bail, cruel or nm
| usual puniShmentS, etc
Section requires that all persons accused shall
be bailable, except for capital oilenSes.
! Section prohibits trials for crime except on
! presentmcnt or indictment, and establishes the
safeguards TO personal and property rights.
Section 9 secures the freedom of speech and of
the press, and allows the truth 10 be given in er.
idence, in actions for libel by way classification.
Section 10 establishes the right of the people to
! hold public meetings etc.
Section II subordinatrs she military 10 the civil
power, prohibits q standing army in time Of peace,
and limits army appropriations i'll time of war TO
| two years.
| Section IL forbids the billeting OF soldiers.
| Section l3. Representation shall be apportioned
| according 10 population.
| Section IA requires the exemption off reasonable
amount OF property from execution tor debt, and
torbds Imprisonment for debt, except in case of
fraud, libel or SANDER
Section Il torbidS the passage of any bill of at.
taiuder, post facto law, or law impairine the
obligation OF contracts.
Section 10 secures TO foreignerS on becoming
bona fide residents, the same property rights rs
native born citizens
Section II prohibits slavery.
Section Is protects the people against unreas'
enable searches and seizures and restricts the is
suing of search warrants.
Section 10 defines treason against the State ias
in the United States Constitution, and requires
for conviction "the testimony OF two witnesses
TO the same overt act confession in open Court"
Section 70 reserves 20 the people any and all
rights not enumerated
The most considerable change from the old
Constitution in this Article is in the "paramoun;
allegiance clause of Section ,, which in the old
Constitution read thus: " But The paramount IL
legiance 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 Uuion 10
ions
any act tending 10 impair, subveri or resist the
supreme authority OF the Government of he
United States. The Constitution of the United
states confers full power on the Federal Govern
ment to maintain aud perpetuate its existence,
and whensoever any portion of the States, or peo-
pie thereof, attempt TO secede from the Federal
Union, forcby resist the execution of its laws,
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience to its authority"
Section IL of the old Constitution, prohibiting
the Legislature from granting special privileges
etc. was stricken out rs being sufficiently pror
led for in the article OH Legislative Department.
The words Libel or SANDER" Were inserted
In Section IA, relative 10 imprisonment for debt,
ON account of the adoption of stringent provi.
siousfor the prevention and punishment ofdueng
The provision in Section ~, relative 10 con
victious 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 constructiyrly resided in the
State six months, and in the district or county
thirty days next preceding any election pro- !
viies that no person convicted ofreaScn or felony
in anv State 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-callrd Confederate States, either OF them,
unless an amnesty be granted TO such by the
Federal Government, and no idiot or insane per-
sou shall be entitled to the privilege Of i'm erctor.
Section = provides that 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 prison at the public expense.
Section secures the right Of suffrage TO United
States soldiers and sailors. No poll tax or regis
tration IL 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
RIGA 1ocS. .....s-...,
Section 6 requires the enactment; of a registry
law and authorizes the Legislature to prescribe
rules or Oaths rs tests of electoral qualification.
Section 7reqnires 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 dams ex-
cepted, one-halfto go for State and one.half for
county purposes. The payment of such tax may,
in the discretion of the Legislature, be made
condition TO the right ofvotng. .s....r
Section relates to the qualifications of voters
on the adoption or rejection of this Constitution.
In Section tie words "dctualiy 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
section, after idiot or insane" the words "Or
dislOyal person" occurred in 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. '.E frrs'
The provision in Section regarding additional
oaths or tests OF electoral qualifications wasnot
contained, at least specifically, in the old Con-
sttution. There are some other changes in the
Article, but relating mainly to phraseOlogy and
arrangement ....... ............
ARTICLE DEMONSTRATIONS OF POWERS
This Article ia identical with that of the old
Constitution dividing the powers of. the Gov.
eminent into Legislative, Executive and Judicial