Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-15
cnNsrrrr1oN OF NEVADA. .
coNsTITuTToN OF NEVADA.

Nevada, adopted on the seventh uay VI oeP-
TENDER. Il is greatly condensed, occupying
but a fraction of the room required for the
publication Of the whole document, but will
be found equally useful and far more con-
yenient for references:
Preceding the Constitution proper is a resolu-
ZION adopting the Constitution OF me united
states and an ordinance forever prohibiting sla-
very. securing perfect religious toleration, dis
rlaimiug forever all right and title to unappropri
ated public lands, which are lett 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 cii
sens ofthe proposed state. These enacIments are
made in compliance with the terms of the Ena
bling Act. and are declared irreyocable without
the consent of the United States and of the Peopie
ofthe State of Nevada
The preamble to the Constitution Is the same
a. that of the old Constitution. IL reads mus:
We, the people Of the State OF Nevada, crate
fnl 10 Almighty God for our freedom, in order to
srcnre its blessings, insure domestic tranquility
and form q more perfect Government, do estab-
Hsh this Constitution.
ARTICLE E-DEcLARATIoN OF RIGHTS.
Section / declares all men by nature free and
eoual possessing certain inalienabte rights, ETC.,
me language of the section being merely an am.
nli6cation 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 &c she Federal Govern
ment in the exercise ofsllits 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,
neetion Herewith, or perform any act tending TO
impair, subyert or resist the supreme authority
of the Government OF the United States The
Con. titution of the United States eonfers full
power on the Federal Government to maintain
and perpetuate its existence, and whensoeyer 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 compelling obedience to
its authority"
Section 3 establishes the right of trial by jury,
but provides that three-fourths of jury in any
civil case may ina a verdict unless the Legisla
iure by two-thrds vote shall require such YER
diets 10 be unanimous.
Section 4 requires perfect religious liberation
and freedom OF conscience. No person TO be eS-
cluded as a witness on account OF religious opp.
Section 5 secures the writ of habeas corpus,
except in Eases of rebellion or invasion sH
Secton prohibits excessive bail, cruel or IN.
usual puniShmentS, etc
Section ! requires that all persons accused shall
De bailable, except for capital Ofenses.
Section prohibits trials for crime except on
preseutment or indictment, and establishes the
usual safeguards as to personal and property rights.
Section 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 ofjustihcation-
Section 10 establishes the right of the people TO
hold public meetings, etc. -
Section II subordinates the military 10 the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time OF war TO
Section l2 forbids the billeting of soldiers.
Section g. Representation shall be apportioned
according TO population.
Section Il 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 forbids the passage of any bill of at
tainder. ex post facto law, or law impairinS the
obligation of contracts
Section 10 secures 10 foreigners, on becoming
bona tide residents, the same property rights as
nafiye-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 10 defines treason against the State taS
in the United States Consttution), and requires
for conviction 1.-THE testimony OF two witnesses
10 thesame 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 D which in the old
Constitution read thus " But the paramount al
leSianee 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 TO impair, subyert or resist the
supreme authority OF the Government OF the
United States. The Constitution Of the United
States coufers full power on the Federal Govern
ment to maintain and perperuate its existence,
and whatsoever any portion OF the States or PEG,
pie thereof attempt 10 secede from the Federal
Union or forciby resist the execution OF its laws,
the Federal Government may, BY warrant Of the
Constitution, employ armed force in compelling
obedience 20 its authority.
Section IL of the old Constitution. prohibiting
the Legislature from granting special privileges,
etc, was stricken ont, as being sufficiently proVi-
ded for in 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-
siousfor the prevention and punishment ofduelling
The provision in Section 10, relative TO con-
yictions of treason, was not contained in the Old
Constitution. s.... -n .- Hn.s Ha-
ARTICLE u-RIGHT OF SUFFRAGE
Section eonters the right Of suffrage on every
white male citizen Of the United states, twenty
one wears of age and upwards, who shall have
actually and not eoustructiyely resided in the
State SIX MONTHS and in the district or county
thirty days next preceding any elections" pro
Yides thar 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 az the age of eighteen years shaIi
have voluntarily borne arms against the United
States or held civil or military Office under the
so-ealled 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 10 the privilege OF an elector
Section provides that person shall be
deemed 10 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 3 secures the right Of suffrage 10 United
States soldiers and sailors. No 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
rieG roes.
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 ali male resi-
dents between me ayes o. a sans s
eepted, one-half 70 90 for State and one-haf 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 rejection Of this Constitution.
In Section tie words actually and not con-
structivey" 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 81" or
disloyal 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. . a-r
The provision in Section regarding additional
oaths OF tests Of electoral qualifications was not
contained al least specifically, in the old Con-
stitution. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement
ARTICLE tli-DIsrRIBUrIoS OF POWERS.
This Article ia identical with that of the old
Notwithstanding the powers Of the Gov