Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-18
CONSTITUTION OF N1fADA,
CONSTITUTIONS OF NEVADA.

FsA EAEEhF
The following is complete and correct
abstract Of the Constitution of the State of
Nevada, adopted on the seventh day Of Sep
TENDER. It is greatly condensed, occupying
but fraction Of the room required for the
publication of the whole document, but will
be found equally useful and far moro con-
venient for reference:
Preceding the Constitution proper Is Tesou,
ton adopting the Constitution OF me oni ~
States and an ordinance forever pronpilnS AZ.
claiming forever all right and titeto nnsPPLoIttr
ated public lands, which are left to the sols IN
position of the United States; exemptne Moli
taxation all lands and other property OF Tue On
ted States and declaring that lands OF nonirss si
dents shall not be taxed higher than LANDS OF cltl
gems ofthe proposed State. These enactmentSS sO e
made in compliance with the terms OF tue Lna
bling Act, and are declared irrevocable wltnout
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. IL reads thus
We, the people of the State of Nevada, grste'
full 10 Almighty God for our freedom In order 70
secure its blessings, insure domestic tranquanSy
and form q more perfect Government, DO es'ap-
lish this Constitution"
ARTICLE I-DEcLARATIoE OF RIGHTS.
Section declares all men by nature tlee anu
equal, possessing certain inalienabe rights, ETC,
the language of the section being merely an am
plifcatiOn of the Declaration OF independents
Section : asserts that the doctrine OF the inne'
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 to the Federal Govern
nent in the exercise of Its constitutional pow
ers al the same have been or may be dehned oy
the Supreme Court of the United States z; and no
power exists In the people Of this or any otner
State of the Federal Union to dissolve their con-
nection Herewith, or perform any act tending 10
impair subyert or resist the supreme authority
of the Government of the United States. The
Constitution of the United States confers null
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 forcioiy re-
sist the execution of its laws, the Federal GOV
ernment 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 to be unanimous. ...
section requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded Us witness on account Of religious opln'
ions.
Section s secures the writ of habsns corpus,
except In cases Of rebellion or invasion.
Section 6 prohibits excessive ball, cruel or un-
usual punishments, etc
HSection requires that oil persons accused shall
be bailRble except for capital ofenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards TO personal and property rights
n ekaf ~ aanh NM M
the press, and allows the truth TO be given In ov-
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 q standing army In time Of peace,
and limits army appropriations in time Of war 10
two years ...-.-s D.
Section l2 forblds the billetng of soldiers.
Section Is. Representation shall be apportloned
according to population.
Section II requires the exemption of q 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 Ii secuyes TO foreigners, on becoming
bona fde residents, the Same property rights as
native.bOrn citizens
Section II prohibits slavery.
SccIlOn &c pTOItClS INC peOplc dkhahst
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 " the testimony of two witnesses
to the same overt Rct, or confession in open Cour.
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" cMuse of Section 9, which in the old
| Constitution read thus: /" But the paramount al
legiance of every citizen Is due to tho Federal
| Government; and no power exists In the people
of this or any other State in the Federal Union 10
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 perpetnate itS existence,
and whatsoever any portion Of the States, or peo-
| pie thereof, attempt 10 secede from the Federal
Union, or forcby resist the execution Of Its laws,
the Federal Government may, by warrant Of the
| Constitution, employ armed force IN compelling
| obedience TO lis authority"
Section II OF rho 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-
sionsfor the prevention and punishment ofduelling
| The provision In Section 10, relative to con-
victions OF treason, was not contained In the old
Constitution. .-,
ARTICLE II-RIGHT or 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 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 at the age of eighteen years, shall
have voluntarily borne arms against the United
States or held civil or military office under the
socalled 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 a. 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 secures the right Of suffrage 70 United
States soldiers and sailors. Nc poll tax or regis.
tration Is required Of such voters.
Section 4 prohibits arrests OH civil process on
election days
Section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
uiud uoce. ...sa .a. g Il.
Section requires the enactment Of registry
law and authorizes the Legislature TO prescribe
rules or oRths 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 and sixty
years Of age, unclvilized American I-dians ex.
cepted, onehalfto 60 for Stnte 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 fvoting. r.. 4I.
Section relates 10 the qualifications Of voterS
on the adoption or rejection Of this Constitution
In Section tic words actually and not con-
Structlvely" were not In the old Constitution
They were inserted to prevent the possibility Of
reckoning the residence or the voter from tho
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 Censtitutlon.
These were stricken out on the ground OF vague
ness and uncertainty, and because the preceding
part of the proyiso was alleged to cover the
ground sufficiently. ,z.y,. q.
The provision In Section regarding additional
oaths or tests Of electoral qualifications was not