Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-06
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

~ Z
The following is a complete and correct
abstract Of the Constitution Of the State Of
Nevada, adopted on the seventh day Of Sep
TENDER. 1t 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 more con-
yenient for reference:
Preceding the Constitution proper is resolu-
ton adopting the Constitution of the United
states and an ordinance forever prohibiting sla'
very, securing perfect religious federation, dis
claiming forever all right and title to unapproPri'
ated public lands, which are LEFT to the sole dis'
position Of the United Statesi exempting from
taxation all lands and other property OF the UNI
ted States, and declaring that lands Of non-resi.
dents shall not be taxed higher than lands OF cti
zens ofthe proposed state. These enactmentS are
made in compliance with the terms OF the Ena
bling Act, and are declared irreyocable without
the consent of the United States and Of the people
Of the State of Nevada a.af- .sg1-1f
The preamble 10 the Constitution ia the same
as that of the old Constitution. 1t reads thus
I'VE 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 a more perfect Government, do estao'
hsh this Constitution" .... ...... ..s.
ARTICLE I-DECLARATIoN 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
plification of the Declaration Of Independence.
section 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 to the Federal Govern.
nlent, 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
tate of the Federal Union to dissolve their con-
nectlon Herewith, or perform any act tending to
impair, subvert or resist the supreme authority
of the Government of the United States. The
Con titution 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-
sst 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 O Jury in any
civil case may find verdict unless the Legisla
ture by two-thirds vote shall require such yer.
diets 10 be unanimous.
sGClluu TelnTts pcTltCl
and freedom of conscience. No person to be ex-
cluded as q witness on account of religious opin-
ions.
Section 5 secures the writ of habeas corpus,
except In cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or un-
usual punishments, etc g.t.."
Section requires that all persons accused shall
be bnable, except for capital offrnses
Section 8 prohibits trials for crime except on
nr inIi nOd tohl Shaof ha
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 II subordinateS 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 10 forblds the billeting of soldiers.
Section 10. Representation shall be Hpportioned
according to population.
Section IA requires the exemption Of o 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
thinder, ex post facto law, or law impairing the
obligation OF contracts.
Section 10 secures TO foreigners, on becoming
bona fide residents, the same property rights AZ
native.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 10 defines treason against the State Gas
in the United States Constituiion), and requires
for conviction the testimony of two witnesses
to 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 9, 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
!-tateS conferS full power on the Federal Govern.
ment TO maintain and perpetuate It's existence,
and whatsoever any portion of the States or PEG.
pie thereof, attempt 10 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 II 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 II, relative TO imprisonment for debt,
on account of the adoption of stringent provi-
sions for 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 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 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 person who
after arriving ut the age of eighteen years, shall
have voluntarily borne arms against the United
States or 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 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. r.
Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis.
tration Is required Of such voters.
Section prohibits arrests on civil process on
election days.
section provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
pira p0ce
section requires the enactment of a registry
law, and authorizes the Legislature 10 prescribe
rules or oaths 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, uncivIized American dians ex.
cepted, one.halfto 60 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 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 the possibility Of
reckoning the residence or the voter from the
time he leaves some other stute or county to
come to Nevada In the last paragraph of the
sec ion, after Idiot or insane" the words " or
disoyal 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 proyiso was alleged to cover the
ground sufficiently.
The provision In Section regarding additional
oaths or tests of electoral qualifications was not