Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-21
=, coNsvTrrrInN OF NEVADA.
coNsTITUTToN OF NEVADA.

abstract OF the Constitution of the State OF
Nevada, adopted on the seventh day Of Sep
TENDER. 1t greatly condensed, occupying
but a fraction OF the room required for the
publication Of the. whole document, but win
be found equally useful and far more con
enient for reference:
Preceding the Constitution proper is resolu.
ton adopting the Constitution Of the United
States and an ordiuanees Moreover prohibiting sIa-
very, securing perfect religious liberation, dis.
Claiming forever all right and title to unappropri
ated public lands, which are left TO ne sole dis
position Of the United States; excepting from
taxation all lands and other property Of the Uni.
ted States, and declaring thar lands Of nou-resi.
dents shall net be taxed higher than lands Of citi
zens otthe proposed state These euactments are
made in compliance with The terms Of the Ena
bling Act, aud are declared lrrevocaAle without
the consent Of the United States and Of the people
of the State of Nevada
The preamble TO the Constitution is the same
as that of the.old Constitution, Il reads thus
We, the people Of the State of Nevada CRATE
full to Almighty God 70. our freedom, in order TO
secure Its blessings, insure domestic tranquility
and form more perfect Government, do estab-
ish this Constitution"
ARTICLE E-DEcLARATIoN OF RIGHTS.
Section declares all men by nature flee and
equal, possessing certain inalisnable rights, etc,
the language OF the section being merely an am
pLhcation 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 oSGovernment,
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, tue same have been may be defined by
the supreme Court of the United States and no
power exisis in the people of this or any other
- Of
neeton Herewith, or perform any act tending to
impair, subvert or resist the supreme authority
Of the Government of the United States. The
Con tifution of the United States eonfers fali
power on the Federal Government TO maintain
and perpetuate its existence and whensoever any
portion of the States, or people thereof, attempt
to seeede 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 10
its authority
Section establishes the right of trial by Jury,
but provides that hree-fourths Of a jury in any
civil case may ind 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 10 be ex-
cluded as witness on account of religious opip-
Ions
Section secures the writ Of habeas corpus,
except in cases OF rebellion or invasion.
Secuon prohibits excessive bail, cruel or I'M
usual puniShments, etc
Ssciion requires that all persons accused shall
be 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 classification
Section 10 establishes the right Of the people TO
hold public meetings, etc
Section IL Suoordinates the military 70 the ciTh
power prohibits standingarmy in time OF peace,
and limits army appropriations IN time OF war 10
Section - torbids the billeting OF soldiers.
Section l3. Representation shall be spportioned
according to population.
Section Il requires the exemption OF reasonable
amour; of property from execution for debt, and
forbids imprisonment for debt, except IN case OF
fraud, libel or Islander"
Section IS forbids the passage of any bill Of at
tainder, ex post ficto law, or law impairing the
obligation OF contracts.
Section Is secures to foreigners, on becoming
bona tide residents the same property rights IS
ns;ive-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 l9 defines treason against the state las
In the United States ConstiIution). and requires
for conviction the testimony of two witnesses
20 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 :, which In the old
Constitution read thus But the paramount al
legiance OF every citizen IS due 70 the Federal
Government anu no power exists N the 2eorle
ofthis or any other State in the Federal mon To
dissolve their connection therrwl h, or perform
slt,tr to INN
supreme authority of the Government OF the
L uted States. The 'CUns'ituS-n Of tue United
States cOufers full power On the Federal Govern
rn-nt TO maintain and perperuate its existence,
and waensoever any portion OF the States, or pee,
pie thereof. attempt TO secvde from the Federal
lnion IT forcibly resist the execution OF It's laws,
tie Federal GovernlnSnt may, by warrant OF the
Constitution, employ armed force in compelling
obedience 10 i:s authority.
Ser,iou IL of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC. was stricken out, as being sufficiently prcSl-
d-d Tor in the article on legislative Department
The words libel or sIanier " were inserted
IN Section a. relative to Imprisonment TOR debt
on account Of the adoption OF stringent ProSi-
sionsfor the prevention and punishment OF dcellng
Tbs provision in Section IL. relative TO con-
vic,ions Of treason. was not contained in the old
Contribution r....
ARTICLE I-RIGHT OF SUFFRAGE
Section confers the right o. suffrage on every
white male citizen of the United states, twenty
one years OF age and upwards, who shall have
Actually and no, roastruetively resided in the
State six mohlhs anu in the district or county
thirty DAYS next preceding any election; pro-
Vidrs thar person convicted OftreaSon or felony
in any State or Territory OF the United States,
unless restored 70 civil rights, and no person no.
after arriving at III. age Of eighteen years, shall
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 60 idiot or insane per
SON. shall be entitled TO the privilege of an eleetor
Section 2 provides that no person shall be
deemed TO have gained or lost residence for the
purpose OF voting Will" in the service OF the
United States, while student in any seminary OF
learning nor while kept in any ahnshouse, asy-
lum or prison al 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 civil process on
election days.
section 5 provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
pirG rocs.
Section 6 requires the enactment of a registry
law, and authorizes the Legislature 10 prescribe
rules or oains 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 twenty.one and sixty
years of age, uucivtliZed American / dams ex-
eepted, one-half 20 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 10 the qualifications OF voters
On the adoption or rejection of this Constitution.
In Section l tie words actually and not con-
structiyey" were not in the old Constitution
They were inserted 10 prevent the possibility OF
reckoning the residence or the voter from the
time he leaves some other state or county TO
come 10 Nevada In the last paragraph of the
section, after idiot or insane" the words or
disioyal 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
grouad sufficiently.
The provision 10 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 out relating mainly to phraseology and
arrangement
ARTICLE RECONSTRUCTION or POWERS.
This Article ia identical with that of theold
Constitution-dividng the powers of the Gov.