Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-02
CONSTITUTION OF NEVADA.
ooNsTITUTIoN on NEVADA.

CONSTITUTION OF NEVADA.
sThe following is complete and cOrrec
abstract Of the Constitution Of the State o
Nevada, adopted on the seventh day Of Sep
tember. 1t Is greatly condensed, occupying
but fraction of the room required for the
publication Of the whole document, but viii
be found equally useful and far more con.
Ienient for reference:
Preceding the Constitution proper is a rssolu.
tion adopting the Constitution of the United
,States and an ordinance forever prohibiting ala
very, securing perfect religious liberation. din
claiming forever all right and title to unappropri
sied public lands, which are left to the sole dis
position of the United States; sxemptinR from
taxation all lands and other property Of the Uni,
ted States, and declaring that lands of non
dents shall not be taxed higher than lands Of cti.
1ens ofthe proposed Ssate. These euactu,ents arc
made in compliance with the terms Of the Ena
bling Act, and are declared irreyocable without
the consent Of the United Stases and of the people
Of the State of Nevada
The preamble 70 the Constitution ia the same
a. that Of the old Constitution. 1t reads thns;
I'VE, the people of the State Of Nevada, CRATE
f1l 10 Almighty God for our freedom, in order to
secure its blessings, insure domestic tranquility
and form more perfect Government, do sstao-
lsh this Constitution" aarF ID. .rry-CEz
ARTICLE I-DEcL1RArIoS OF RIGHTS
Section declares all men By nature free and
equal possessing certain inalienable rights, ETC.,
the language Of the section being merely an Sm-
pliAcatinl Of the Declaration Of Independence
Section ; asserts that the doctrine Of the inhe-
rent political power Of the people, and their right
10 establish or change their form Of Government,
and continues: " But the paramount allegiance
Of every citizen IS due &C he Federal Govern.
nent, In the exercise ofallits constitutional pow
srs, 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 set tending TO
impair, sabSert or resist the supreme authority
OF the Government Of the United States. The
Constitution Of the United States eonfers full
power on the Federal Government TO maintain
and perpetuate its existence and whensoever any
portion Of the States, or people thereof, attempt
10 seeede from the Federal Union, or forcibly re
siSt the execution Of its laws the Federaf tioy-
eminent may, by warrant Of the Constttution,
employ armed force in compelling obedience to
its authority"
Section 3 establishes the right OF trial by iury,
but provides that three-fo urths ~ iury in any
civil case may find n vera. & Unless the LeSisla
ture by twO-ihirds vote Asll require such YER
diets 10 be unanimous. =
Section requires nerf.,t RELIGIONS ,olsratiou
and freedom of coz, en-; e' No Ssrson 10 be ex.
Guided ss Wit mass on secoun. Of religious opiD
iona ~
seceo S secures the writ of hsbeas corpus,
1SSeslPSsSln cases of rebellion or invasion.
scuoa prohibits excessive bail, cruel or IN
2Iual punishments, etc
Section requires thatNall persons accused shall
be bailable except for capital ofenseS
Section prohibits trials for crime except on
presentment or indictment. and establishes the
usual safeguards TO personal and property rights
Section secures the freedom of speech and o.
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 70 the civil
power prohibits standing army in time OF peace
and limits army appropriations in time OF war 70
two years.
Section 10 forbids the bille:ing Of soldiers
Section 81 Representation shall be spportoned
according 10 population.
Section Il requires the exemption offs reasonable
amount Of property from execution for debt, and
torbids Imprisonment for debt, " except in case oil
frald, libel or Islander"
Section Is forbids the passage Of any bill OF at
tAindsr * post facto law, or law impairinS the
obligation Of eonIrRetS
Section 10 secures 10 foreigners, on becoming
bona tide residents the same property nights a
nstiveborn citizens
Section II prohibits slavery.
Section Is protects the people against unreAs'
enable searches and seizures, and restricts the H.
suing OF search warrants.
Section 10 defines treason against the state "a
in the United States Constituiior), and requires
for conviction the testimony of two witnesses
TO the same overt act, confession In open Court
Section 20 reserves 20 the people any and al
rights not enumerated
Tn. most considerable change from the old
Consultation in this Article is in the paramount;
slleKiance1 clause of Section 2. which m the old
Constitution read thus: But the paramount a.
iegisnce of every citizen is due 10 the Federal
Government; and no power exists in the people
ofthis or any other State in the Federal Union 70
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 confers full power on the Federal Govern
raent TO maintain and perpetuate its existence
and whensoever any portion OF the States, or PEG
pie thereof, attempt 10 seeede from the Federa
Union CT forcbly resist the execution OF its laws
the Federal Government may, by warrant OF th'
ConS,itution. employ armed force IN competing
obedience to its authority.
Section II of the old Constitution. prohibiting
the Legislature from granting special privileges
etc, was stricken out, rs being surfeieatiy Prov
ded for in the article on Legislative Department
The words libel or SANDER" were inserted
IN Section Il, relative TO imprisonment for deot
on aecoun, of the adoption OF stringent proTi'
NionHfOT the prevention and pCnh1ueotoluuctiiuk
The provision in Section l9, relative 70 con,
yictions of treason was not contained in the old
Constitution.
ARrICLEI-RiaRT OF SUFFRAGE.
Section eoniers 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 construetively resided in the
State six months, and in the district or county
thirty DAYS next preceding any election pro
vdes that no person convicted oftreaSon or felony
in any State or Territory of the United States
unless restored 10 civil rights, and no person " no
after arriving at the age OF eighteen years shall
Rave 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 10 such by the
Federal Government, and no idiot or insane per-
son. shall be entitled the privilege ola eleetor
Section provides that no person shall be
deemed TO have gained 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-
hum or prison at the public expense.
Section 3 secures the right Of suffrage 10 United
States soldiers and sailors. Nc poll tax or regis
traiion Is required Of such voters
Section prohibits arrests on eivh process on
election days.
section 5 provides that all elections by the PEG
pie shall be by ballot, and by the Legislature
uiro roee.
SECTION requires tho enecIrpent OF = retAIS
law, and authorizes the Legislature to prescrio'
rules or oaths as tests Of electoral qualification
Section requires the lsyying Of an annual pol
tax Of from two TO four dollars. on all male resi-
dents betw cen the ages of twenty-one and sixty
yszrs Of age, unciyilized American I.diana eI
copied, one-halft TO go for State and one-haf foi
county purposes. The payment Of such tax may
in the discretion of the Legislature, DO made
condition 10 the right Of voting.
Section relates 20 the qualifications ofvoter'
on the adoption or rejection Of this Constitution
In Section tie words " actually and not con
Struetively" were not in the old Constitution
They were inserted TO prevent the possibility o.
reckoning the residence or the voter from the
time he leaves some other state or county "a
come TO Nevada In the last paragraph Of th'
section after Idiot or insane" the words "oi
diAloyal person" occurred in the old Constitution
These were stricken ont on the ground Of vague
ness aud uncertainty, and because the preceding
part Of the proyiso was alleged to cover th'
ground sufheieL.ly.
The provision in Section regarding additional
oathh or tests Of electoral qualifications was no