Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-11
rnNsrIrrTINN- OF NEVADA.
ooNsTTTUTToN on NEVADA.


TENDER. 1t is greatly condensed, occupying
but a fraction of the room required TOR the
publication of the whole document, but Will
be found equally useful and far more con-
venient for reference:
Preceding the Constitution proper is resolu,
ton adopting the Constitution of the onlLeu
States and All ordinance forever prohibiting sln.
very securing perfect religious tolerAtion, uIs
claiming forever all right and title to unapproPi
ated public lands, which are left to the sole ulh'
position Of the United States; exempting from
taxation all lands and other property Of the uhi'
ted States, and declaring that lands OF non'resi'
dents shall not be taxed higher than lands OF cur
zens ofthe proposed State. These enactments are
made in compliance with the terms Of the Ena
bling Act, and'are declared irreyoeable 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 70
secure Its blessings, insure domestic tranqulnty
and form more perfect Government, do estaD'
fish this Constitution"
ARTICLE I-DECLARATIOE OF RIGHTS.
Section declares all men by nature flee ana
equal, possessing certain inalenable rights, etc.
the language of the section being merely IN am
OBLIGATION 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 " 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
power exists in the people Of this or any other
State of the Federal Union to dissolve their con-
nection 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
mower on the Federal Government 10 maintain
and perpetuate its existence, and whatsoever 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 find verdict unless the LegiSls
ture by o two.thirds vote shall require such YER
diets to be unanimous.
section requires perfect religious liberation
and freedom of conscience. No person TO be ex-
cuded Ms witness on account of religious opin'
Section 5 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
presentment or indictment, and establishes the
usual safeguards Us to personal and property rights
Section Q 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 ~ establishes the right OF tho people TO
hold public meetings, etc.
Section IL subordinates the military to the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time OF war 10
two years.
Section 70 forbids the bleting of soldiers.
Section Is. Representation shall be apportiOned
according 10 population.
Section II requires the exemption of u 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 NJ.
thindrr, ex post facto law, or law impairing the
obligation of contracts.
Section 10 secures to foreigners, on becoming
bona tidc residents, the same property nights as
native-born citizens
Section II prohibits slavery.
Section Ia protects the people against unreas-
enable searches and seizures, and restricts tho is
suing of search warrants
Section 10 defines treason against the State (as
for conviction 1.-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 ., which in the old
Constitution read thus; But the paramount al:
lcGiance Of every citizen is due 10 the Federal
GOyrramrn: 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 perpetuRte Its existence,
and whcnsOever any portion Of the States, or peo-
pie thereof, attempt TO secede from the Federal
Union, Cr fOrcby 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 being sufficiently provi-
dcd for in the article on Legislative Department.
The words libel or SANDER" were inserted
in Section H. relative 10 imprisonment for debt,
on account of the adoption of stringent provi'
sions for the prevention and punishment ofduelling
The provision in Section l9, relative to con-
victious Of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section l 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 cOnstructivcly resided in the
State six months, and in the district or county
thirty days next preceding any election pro-
vidcs that no 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 ut the age Of eighteen years, shall
sad
States or held civil or military Office under the
socalled Confederate States, or either OF them,
unless MI amnesty be granted TO such by the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege of IN elector
Section Q 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 a student in any seminary OF
learning, nor while kept In any almshouser asy-
lum or prison ut the public expense.
Section 3 secures the right of suffrage TO United
States soldiers and sailors. Nc poll tax or regis.
tration In 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
Uird UOce.
Section requires the enactment of registry
law and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification
tax of from two to four dollars, on all male resi-.
dents between the ages Of twenty.on and sixty
years of age, uncivilized American dians ex-
cepted, 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
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 tho 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
disloya 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 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 md
ARTICLE III-DIsTRIBuTIoN OF POWERS
t1ll