Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-23
CONSTITUTION 1l,rl or r: :N E,y /, 4.
coNsTfTVTToN- 4 OF j; NFVaDA q

abstract Of the Constitution of the State of
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 Ia resolu-
ton adopting the Constitution Of the United
States and an ordinance forever prohibiting ala
very, securing perfect religious liberation, 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 nonresi.
dents shall not be taxed higher than lands Of citi
Iens ofthe proposed State. These enactments are
made In compliance with the terms Of the Ena,
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:
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 more perfect Government, do estab
lish this Constitution"
ARTICLE I-DECLARATIo 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: Z" But the paramount allegiance
of every citizen is due to 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
To-, tha ~ ar,xy nfh
State of the Federal Union to dissolve their con-
neetion herewith, or perform any oct 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 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 establishes the right of trial by jury,
but provides that three.fourths of a Jury In any
civil case may find a verdict unless the Legisla
ture by tw0-thirds vote shall require such YER
diets TO be unanimous.
Section requires perfect religious liberation
and freedom of conscience No person to be eX-
cluded as a witness on account Of religious opip.
ions.
Section secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section prohibits trials for crime except on
preseutment or Indictment, and establishes the
usual safeguards 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
Al IL ..Esl 49,. IA -
hold public meetings, etc.
Section II subordnates 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 II forbids the billeting of soldiers.
Section l3 Representation shall be apportioned
according to population. ...ta-..-
Section Il requires the exemption of 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 impairing the
obligation of contracts.
Section 10 secures to foreigners, on becoming
bona tide residents the same property rights as
native born citizens
Section II prohibits slavery. ..... p. ..
Section ls protects the people against unreas-
enable searches and seizures, and restricts the is
suing of search warrants
section ~ QtuQ6s kItdsOn hBtAubb Tue Obdlo Nao
in the United States Constitution), and requires
for conviction "the testimony of two witnesses
to 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 is in the paramount
allegiance clause of Section 2, which in the old
Constitution read thus: but the paramount al
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 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 It's 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 SANDER" were inserted
in Section IA, relative to Imprisonment for debt,
on account of the adoption of stringent provi-
Fsicnsfor the prevention and punishment ofdueuing
The provision in Section l9, relative to con-
vic.ions 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 eonstructively resided in the
State six months, and in the district or county
thirty days next preceding any election" pro-
vides that no person convicted ofreasOn or 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 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 eector.
Section 2 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 q 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. s.-.... .--.....- .. .-......g
Section 5proyides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uiud uoec.
Section requires the enactment of registry
law, and authorizes the Legislature to prescribe
rules OF 0atns a. tests OF electoral quNulncatl0n
Section requires the levying ofan 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, uneivilized American Irdians ex.
eepted, one-halfto go for State and ope-half for
county purposes. The payment OF such tax may,
in the discretion Of the Legislature, be made
condition to the right Of voting.
Section 8 relates to the qualifications ofvoters
on the adoption or rejection Of this Constitution.
In Section tie words actually and not con-
struetively" were not In the old Constellation
They were inserted to prevent the possibility of
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 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
moss and uncertainty, and because the preceding
part Of the proyiso was alleged to cover the
ground sufficiently. ..s
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
contained, At leazt specifically, in the old Con-
stitution. There are some other changes In the
Article, but relating mainly to phraseology and
arrangement. e'E EE
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