Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-03
CONSTITUTION OF NEVADA,
=eoNsT1FUTIoN OF NEVADA.

,ember. Il is greatly condensed, occupying
bu. fraction of the room required Tor the
rs,hBeation Of the whole document, but will
be found equally useful and far more con-
yenieut for reference:
preceding the Constitution proper Is q resolu-
,,o, ,5opting the Constitution OF the United
S,stss and an ordinance forever promoting sla-
very, securing perfect religious toieration, dh-
1884,, ,orry.r an right and title to unapprupr
10 nnSIic lands. which are left to the sole dis
nn.irion of the United States; exenpting from
at.-,,;on all lands and other property Of the Uni
80 States and declaring that lands of non-resi-
Ssnts shall not be taxed higher Than lands of ciii-
xrns ofthe proposed state. Inese enaetments are
made in compliance with the terms Of the Ena
hlr, Ac, and are declared irrevocable without
the consen, of the United States and of people
Of the State Of Nevada
This preamble 10 the Constitution - the sane
a. thai of the old Constitution. IL eeds thass
1--WE, the people of the State OF Nevaua CRATE
tl to Almighty God for our freedom IN oluen 70
secure its blessings insure domestic tranquility
ana form A more perfect Government, do estao-
Esh this Constitution"
ARTICLE I-DEcLARITIoS OF RIGHTS,
S.ef;on declares all men by nature free and
sonal possessing certain inalienable rights, etc,
the language OF the section being merely an am
nIisca,ion Of the Declaration Of Independence.
S,AefiNn = ASSeEks that uoCAIAuC VI TUG iuuC-
rsn, poi,ical power Of the people, and their right
% .stablish or change their form of Government,
and continues: " But the paramount allegiance
on every citizen Is due &c The Federal Govern
n.ut 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 10
impair, subvert or resist the supreme authority
Of the Government of the United States The
Cons tltution Of the United States eonfers full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensoevcr any
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 establishes the right of trial by jury,
but provides that three-fourths Of a jury in any
civil case may ind verdict unless the LegiSla
diets to be unanimous.
Section4 requires perfect religious liberation
and freedom of conscience No person to be ex-
eluded a. witness on account OF religious opip-
Iona
section S secures the writ Of habeas corpus,
except v Eases Of rebellion or invasion s.
Seenh prohibits excessive bail, cruel or I'M
uInal punishments, etc .
Section requires that all persons accused shall
be bailable, except for capital ofenses.
Section 8 prohibits trials for crime except on
presrefment or indictment, and establishes the
usuAlSafeguards ssto personal and property rights
Section secures the freedom of speech and o.
the press, and allows the truth to be given in eT
Idenee, 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
4. n AsafFN
and limits army appropriations in time Of war to
two years
Section 70 forb;ds the billeting of soldiers
Section l3 Representation shall be apportioned
according TO population
Section IA requires the exemption offs reasonable
amount of property from execution for debt, and
torbids imprisonment for debt, except in case Of
fraud libel or SANDER"
Section Is forbids the passage Of any bill Of at.
tAinder, ex post faeto law, or law impairing the
obligation Of eontraetL
Section Is secures to foreigners, on becoming
bona ide residents, the same property rights a.
nAtive-born oitiZena b.
Section II prohibits slavery.
Section Is protects the people against unreas-
enable searches and seizures and restricts the H.
suing Of search warrants
Section 10 defines treason against the State las
in the United States Constiturion1 and requires
for conviction the testimony of two witnesses
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
leSiance Of every citizen is due TO the Federal
Government; and no power exists in the people
ofthis or any other State in the Federal Union 10
dis.clve their connection Herewith, or perform
any oct tending TO impair, suovert or resist the
supreme authority Of the Government OF the
United States. The Constitution Of the United
Staten eonfers full power on the Federal Govern
rneut to maintain and perpeJuate its existence,
and whensoever any portion OF the States, or PEG,
pie thereof attempt TO seeede from the Federal
Union, or forcibiy resist the execution OF its laws
thr Federal Government may. by warrant OF the
Constitution, employ armed force IN competing
ob-dieuce 10 its authority.
Section IL of the old Constitution, prohibiting
the Legislature from granting special privileges
etc, was stricken out, as being sufficiently proFf
de-. for in the article on Legislative Department.
The words libel OF SANDER were inserted
In Section H. relative to Imprisonment for debt,
on account Of the adoption OF stringent provi-
lions for the prevention and punishment ofdueihng
The provision in Section 10. relative to con
vic:ions Of treason, was not contained in the old
Constitution
ARTICLE u-RIGHr OF SUFFRAGE
Section eouters the right of suffrage on every
white male citizen % the United ~tates, 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-
vdes thar no person convicted Oftreasdn or felony
in any State or Territory of the United States,
unless restored 10 civil rights, and no person VINO,
after arriving AZ the age of eighteen years, shall
have voluntarily borne arms against the United
States or held civil or military Office under the
so-caIled Confederate States, or either Of them,
unless an amnesty be granted to such by the
Federal Government, and no idiot or insane per-
son. shah be entitled 70 the privilege of an elector
Section 2 provides that no person shall be
deemed 10 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 al the public expense.
Section 3 secures the right OF suffrage 10 United
States soldiers and sailors. Nc poll tax or regis
trs,ion Is 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
pIrs rocs.
Section 8 requires the enactment Of a registry
law, and authorizes the Legislature 10 prescribe
rules or oaths as tests of electoral qualification
Section requires the leyying OF an annual poll
tax of from two TO four dollars, on all male resi-
years Of age, uneivilized American dams ex-
copied. one halfio go for State and ene-half for
county purposes. The payment Of such tax may,
In the discretion of the Legislature, be made a
condition 10 the right Of voting. ha.
Section relates TO the qualifications ofvoters
on the adoption or rejection of this Constitution.
In Section tie words actually and not con-
StruetiYely" 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 state or county to
come to Nevada In the last paragraph Of the
Seesion, after a idiot or insane" the words or
disloyal 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. #.
Tie provision in Section regarding additional
oatha or tests Of electoral qualifications was not
contained, a. least specifically, in the old Con-
sntuaon: There are some other changes in the
Article, but relating mainly to phrsseOloEy and
arrangement ..' ...E
ARTICLE Iu-plsrNsUTIoN OF POWERS.
This Article Is identical with that of the old
ff,.ftrs Al vf1f 81.