Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-16
eoNsT4FUT1oN OF NEVADA.
CoNsTITUTIoN OF NEVADA.

CONSTHXU&&NS ~ ~ 00'
The following is a complete and correct
abstract Of the Constitution of the State Of
Nevada, adopted on the seventh day Of Sep
TENDER. tt greatly condensed occupying
but fraction Of the room required forthe
publication Of the whole document but will
be found equally useful and far more con-
venient for reference: -
Preceding the Constitution proper 4 T TsIoi
ton adopting the Constitution OF ny o 10
states and an ordinance forever pron,pnns s Ia
very, securing perfect religious tolerAuVn, uls
claiming forever all right and title 20 H.
ated public lands which are len 70 Wy sgie IN.
position of the United States; exemPsins T I1i
taxation all lands and other property ot tne onr
ted States and declaring that lands O nvli n;s
dents shall not be taxed higher than ianos ., gu.
zens of the proposed state. These enactmens arc
made in compliance with the terms OF tns Lna
bling Act, and are declared irreVocaois mituoI s
the consent of the United States and oftne peopie
of the State of Nevada. .g..,..-f
as that of the old Constitution. ! resos nus
1--WE. the people Of the State of Nevada grave
full 10 Almighty God for our freedom, IN order ~
secure its blessings, insure domestic tranqulny
and form q more perfect Government, 40 estao-
lish this Constitution. ..
ARTICLE I-DECLARATIoN OF RIGHTS
Section declares all men by nature Tree anu
equal possessing certain inalienabie rights, esc,
the language of the section being merely an am
plifcation Of the Declaration of independence
section asserts that the doctrine of the inne-
rent political power of the people, and their rs'
TO establish or change their form OF Government
and continues: :. But the paramount aisglance
of every citizen Is due TO the Federal Govern
ment in the exercise of all its constitutional pow
EN-. M the same have been or may be defined 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 thereyith, or perform any act tending 10
impair, subvert or resist the supreme authority
of the Government of the United States. The
Con. tltution of the United States confers tuu
power on the Federal Government TO MAINTAIN
and perpetuate its existence, and whensoeVer any
portion of the States, or people thereon, sttempt
TO secede from the Federal Union, or forclply re-
sist the execution of It's laws, the Federal Gov
eminent may, by warrant of the Constitution,
employ armed force in compelling obedience 10
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. I'D .. =.
Sections requires perfect religious liberation
and freedom of conscience. No person to be ex.
cuded as a witness on account OF relgious opln'
ions. . .I...
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 ohenses.
Section prohibits trials for crime except on
presentment or indictment, and. establishes the
usual safeguards as to personal and property rights
he fraad0pn nf anperh and of
the press and allows the truth to be given in ev'
idence, in actions for libel by way ofjustitcation
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 10
| two years. ... -... .s...
Section l2 forbids the bileting of soldiers.
Section g. Representation shall be apportioned
| according to population. .- ...r..
Section IA requires the exemption OF q reasonable
amount of property from execution for debt, and
forbids imprisonment for debt, " exesptjn case OF
] fraud, libel or SANDER" N 49,.
Section ID !orbids the passage of any bill OF at
taindcr ex post facto Jaw, or law inpalTng the
| obligation of contracts
Section IL secures to foreigners, on becoming
bona tide residents, the same property rights as
| nativeborn citizens
Section II prohibits slavery. aa. $50
Section ls protects the people against unreas'
enable searches and seizures and restricts the il
| suing of search warrants.
Section 10 defines treason against the State las
| In the United States Constitution), and requires
| for conviction 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 IL in the paramount
allegiance clause of Section 2, which in the old
Constitution read thus But the paramount al.
legiaace OF every citizen is due TO the Federal
Government md 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 on the Federal Govern
ment to maintain and perpetuate lis existence,
| and wkensoever any portion Of the States, orpeo.
pie thereof attempt 10 secede from the Federal
Union or forcibly 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, Us being sufficiently provi
ded for ip the article on Legislative Department.
The Words "libel or SANDER" were inserted
in Section Il, relative TO Imprisonment for debt,
on account Of the adoption of stringent provi'
sions for the prevention andpuDishment ofduellinG
The provision in Section 10, relative 20 CON
victions of treason was not contained in the old
Constitution. -
ARTICLE n-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 constructyely resided in the
State six months, and in the district or county
thirty days next preceding any election; !" pro-
| tad off 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.called 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 elector
Section 2 provides that no person shall De
deemed to have gained or lost residence for the
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. -..
Section provides that all elections by the peo'
pie shall be by ballot, and by the Legislature
Section requires the enactment of 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 tweuty'one and sixty
years of age, uncivilized American l dians e1-
cepted, one-h ifto go for State and one-halt Tor
county purposes. The payment of such tax may,
In the discretion of the Legislature, be maoe
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 poSsioll'y ~
| reckoning the residence or the voter from the
time he leaves some other state or county 70
come to Nevada In the last paragraph OF tne
section, after idiot or insane, the words OF
disloyal person" occurred in the old Censtituuon'
These were stricken out on the ground OF vague.
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover tne