Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-07
CONSTITUTION OF NEVADA.
coNsTTTUTToNToF NEVADA.


,.mber. II is greatly condensed, occupying
buta fraction of the room required Tor tn'
nuSl;ession Of the whole document, but VII
be found equally useful and far more con
yenient for reference:
preceding the Consultation proper g a resolu
.;an adoptiug the Constitution OF the United
S,sts. and an ordinance forever Prohioitng sla
,,s-, securing perfect religious federation, dis
sIsiYiug forever all right and title 20 unappropri
80 nnhlic lands which are left to the sole dis
nns;tion of the United States; exempting from
tsTa,ion all lands and other property of the Uni.
- States. and declaring that lands Of noureSi.
snts shaI not be taxed higher than lands of citi.
Ems ofthe proposed state. These enactments are
made in compliance with the terms of the Ena-
Ming Act and are declared irrevocable without
the consent OF the United states and OF tne PeoP'e
of the State of Nevada
the preamble to the Constitution Ia the same
a. that of the old Constitution. IL reads thus:
we, the people of the State of Nevada, CRATE
h,l 10 Almighty God for our freedom, In order 10
secure its blessings, insure domestic nanqainty
and form a more perfect government 10 es'ao-
lish this Constitution
ARTICLE I-DECLARArIoN OF RIGHTS.
Section declares all men by nature free and
.,,sI possessing certain inallenable rights, etc,
he language of The section being merely an am
nI;Aratioa Of the Declaration Of Independence.
SETON asserts that the doctrine of the inhe-
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 70 the Federal Govern
rpsnt in the exercise of all its constitutional pow
srs a. 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-
nscton Herewith, or perform any act tending TO
s,,hyArt resist tha sunrPnnA arthOrity
Of the Government Of the United States, The
Constitution of the United States eonfers full
power on the Federal Government to 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 ind a verdict unless the LeSisla,
ture by two-thirds vote shall require such YER
diets TO be unanimous.
section requires perfect religious federation
and freedom Of conscience. No person 70 be ex.
eluded as q witness on account Of religious opip'
ions. .s-4
Section 5 secures the writ Of habeas corpus
except in cases Of rebellion or invasion.
Secnon 6prohibits excessive bail, cruel or un'
usual punishments, etc.
Section requires that all persons accused shall
be bsilahle. except for capital offenses.
Section 9 prohibits trials for crime except on
presenlment or indictment, and establishes the
usualsafeguards as personal and property rights
Section secures the freedom of speech and o.
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 &c
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 &c
two years
Section l2 forbids the billetins of soldiers.
Section ID Representation shall be apportioned
according to population.
Section Il requires the exemption of reasonable
amount Of property from execution for debt, and
forbids Imprisonment for debt, except in case o.
fraud, libel or SANDER"
Section Is forbids the passage Of any bill Of at
tGinder, ex posi- facto law, or law imparing thu
obligation Of contracts
Section 10 secures to foreigners, on becoming
bona fiae residents, the same property rights a
natiye-bom citizens
Section II prohibits slavery.
Section Is protects the people against unreas
enable searches and seizures, and restricts the Is
suing Of search warrants.
Section ~ defines treason against the State (a'
in the United States COnstitution), and require:
for conviction " the testimony of two witnesse;
10 the same overt act, confession in open Court
Section 20 reserves to the people any and al
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 a.
legisnce 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 q
dissolve their connection herewith, or perform
any act tending to impair, subvert or resist the
supreme authority OF the Government Of tne
United States. The Constitution Of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate its existence
and whatsoever any portion of the States, or PEG
pie thereof. attempt to secede from the Fedora
Union CT forcibly resist the execution of its laws
the Federal Government may, by warrant Of IN
Constitution, employ armed force in compelhn
obedience 20 its authority"
Section II Of the old Constitution, prohibiting
the Legislature from granting special privileges
etc., was stricken out, as being sufficiently prov
dsd for in the article on Legislative Department
The words libel or Islander" were inserte
IN Section II, relative to Imprisonment for deol
on account Of the adoption of stringent prov
siousfor the prevention and punishment fduellin
The provision in Section -, relative 10 cor
yictions of treason, was not contained in the oil
Constitution.
ARTICLE u-RIGHr OF SUFFRAGE
Section eonfers the right Of suffrage on ever.
white male citizen of the United States, twenty
one wears of age and upwards, who shall nav
actually and not eons;ructively resided IN IN
State six months, and in the district or count
thirty days next preceding any election; pre-
yides that NO person convicted oftreason or felon
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, sna
have voluntarily borne arms against the Unite
States or held civil or military office under tn
so-ealled Confederate States or either OF them
unless an amnesty be granted to such by N
Federal Government, and no idiot or insane per
son. shall be entitled TO the privilege OF an electo
Section 9 provides that no person shall 0
deemed TO have gained or lost residence for th
purpose of voting while in the service of tn
United States, while a student in any seminary
learning, nor while kept in any aLmshouse, asy
lun or prison at the public expense.
Section secures the right of suffrage TO Unite
States soldiers and sailors. No poll tax or regis
tralion Is required of such voters. .....
Section 4 prohibits arrests on civil process Of
election days.
Section 5 provides that all elections by the pee
pie shall be b. ballot, and by the Legislator
yir6 r0ee.
Section requires the enactment Of registr
law and authorizes the Legislature to prescrib
rules or oaths as tests of electoral qualification.
Section requires the levying of an annual Po
tax of from two to four dollars, on all male res
dents betw cen the ages Of twenty-one and sixt
years Of age. uneiyilized American Indians e1
copied, one-halfto go for State and one-half 70
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 of voter
on the adoption or rejection Of this Constitution
In Section tie words actually and not con
structiyely" were not in the old Constitution
They were inserted to prevent the possibility Q
reckoning the residence or the voter from tn
time he leaves some other State or county q
come TO Nevada In the last paragraph of tn
section, after idiot or insane" the words " o
disloyal person" occurred in the old Constitution
These were stricken out on the ground Of vague
ness and uncertainty, and because the precedin
part Of the proYiso was alleged to cover tn
ground sufficiently.
The provision in Section regarding additions
oaths or tests Of electoral QUALIFICATIONS was no
contained, al least specifically, in the old Cor
stitution. There are some other changes in tn
Article, but relating mainly to phrsseology an
arrangement
ARTICLE uI-DIsTRIBUrIos OF POWERS.
This Article Is identical with that of the ol
Copstitution-dividing the powers Of the Go,