Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-24
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

Nevada, adopted on the seventh day Of Sep
TENDER. 1t 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-
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 federation, dis
claiming forever all right and title to unaPpropri
ated public lands, which are left 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 citi
Gems ofthe proposed State. These enactments are
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 1t reads thus:
1--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 q more perfect Government, do esta6'
lish this Constitution"
ARTICLE I-DEcLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienable rights etc.
the language of the section being merely an am.
plihcation 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 the 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.
nection herewith, orperform 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 Government TO maintain
and perpetuate its existence, and whensoever any
portion of tho States, or people thereof attempt
to secede from the Federal Union, or forcibly re-
slst 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 find 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 be eS-
cluded as q witness on account of religious opip.
ions.
Section secures the writ of habeas corpus,
except In cases of rebellion or invasion.
Section 6prohibits excessive bail, cruel or un.
usual punishments, etc
Section requires that all persons accused shall
be baiable, except for capital offenses
Section prohibits trials for crime except on
preSentment or indictment, and establishes the
safeguards asto 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 classification.
Section 10 establishes the right Of the people to
hold public meetings, etc.
Section II subordinates the military to the civil
power, prohibits standing army in time of peace,
and limits army appropriations in time of war to
two years.
Section ~ forbiGs the billeting of soldiers.
Section l3. Representation shall be apportioned
according TO population.
Section Ii requires the exemption Of a reasonable
amount of property from execution for debt. and
forbds 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 impairing the
obligation of contracts.
Section IL secures 10 foreigners, on becoming
bona fde residents, the same property rights as
natiye-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 (as
in the United States Constitution), and requires
for conviction 1.-THE testimony of two witnesses
to the same overt act, 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 2, which in the old
Constitution read thus: But the paramount al.
legianee 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, 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 its existence
and whensoever any portion of the States, or peo.
pie thereof, attempt TO secede from the Federal
Union 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 as being sufficiently provi.
ded for in the article on Legislative Department.
The words libel or Islander" were inserted
in Section IA, relative to Imprisonment for debt,
on account of the adoption of stringent proVi-
siensfor the prevention and punishment fdueiling
The provision in Section 10, relative TO con.
victions 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 constructively resided in the
State six MONTHS, and in the district or county
thirty days next preceding any election" pro-
vides that no person convicted oftreason or felony
in any State or Territory of the United States,
-ss,bk IN
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 9 provides that no person shall be
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 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
uiu6 uoce.
Section requires the enactment of registry
law, and authorizes the Legislature 10 prescribe
rules or oaths as tests ofelectoral 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 twenty-one and sixty
years of age, uncivilised American I1dans ex.
eepted, 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 a
condition to the right of voting.
Section relates to the qualifications ofvoters
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 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 out on the ground of vague.
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover the
ground sufficiently.
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
contained, at least specifically in the old Con.
Stitution. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement.
ARTICLE m-DIsTRIBUTIoN OF POWERS