Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-23
CONSTITUTION OF NEVADA.
CONSTITUTION or NEvADA.


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-
venient for reference: taA 80
Preceding the Constitution proper isa resolu:
ton adopting the Constitution OF the united
States and an ordinance forever prohibiting So
very, securing perfect religious tolerafiont as'
claiming forever all right and title TO unapPropn'
ated public lands, which are left to the sole os-
position Of the United States !; exemptmg rom
taxation all lands and other property Of the Uni.
ted States, and declaring that lands OF nonfresi'
dents shall not be taxed higher than lands OF ei-
gems ofthe proposed State. These ensctmsntl are
made In compliance with the terms OF the Ena,
bling Act, and are declared irrevocable without
the consent of the United States and of the people
of the State Of Nevada iH.ai'
The preamble to the Constitution Ia the same
as that of the old Constitution. It reads thus
I'VE, the people of the State of Nevada, CRATE.
ftil to Almighty God for our freedom, in order to
secure Its blessings, insure domestic tranquility
and form more perfect Government, do estao'
lish this Constitution" ......t. sr...
AR rICLE I-DECLARATIoN OF RIGHTS.
Section declares Rll men by nature free ana
equal possessing certain InallenRble rights, etc,
the language of the section being merely an am
pliticstion of the Declaration, Of Independence.
Section , asserts that the doctrine of the lnhe.
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 Is 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 fhll
power on the Federal Government 10 maintain
and perpetuRte Its existence, aud whensoever 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" r.fE ssrL
Section 3 establishes the right Of trial by jury,
but provides that three-fourths Of q. 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 federation
and freedom Of conscience. No person to be ex.
cluded as a witness on account of religious opin-
ions.
Section secures the writ of habess corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be baiable, except for capital oifenseS. ~
Section prohibits trials for crime except on
presentlnent or indictment, and establishes the
usual safeguards us to personal and property rights
Section 9 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 IL 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. ..-.. a..
Section l2 forbidS the billetlng of soldiers.
Section l3. Representation shall be apportioned
according to population. Fv
Section IA requires the exemption of q reasonable
amount of property from execution for debt, and
torbids imprisonment for debt, Except in case of
fraud, libel or SANDER" &C., .N..
Section Is forbids the passage of any bill Of at
tainder, ex post facto law, or law impairing the
obligation of contracts. ~.
Section 10 secures 10 foreigners, on becoming
bona ide residents the same property rights on
natlve.born citizenA ...mE 'r
Section II prohibits slavery.
Section 10 protects the people against unreas-
enable searches and seizures, and restricts the is
suing of search warrantS
Section 10 defines treason against the State las
in the United States Constitution), 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 IL in the paramount
allegiance clause Of Section 2, 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 10
dissolve their connection Herewith, or perform
any act tending TO impair, subvert or reAist 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 perpetuate lis existence,
and whensoever any portion of the States, or peo-
pie thereof, attempt to Secede from the Federal
Union, forciby 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., stricken out, being sufficiently proVi.
dcd for in the article on Legislative Department.
in Section IA, relative to imprisonment for debt
on account of the adoption of stringent provi-
sionsfor the prevention andpunishment 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 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 coustructively resided in the
State six months, and in the district or county
thirty days next preceding any election !" pro.
vides that no person convicted oftreHson or felony
in any State or Territory Of the United States,
unless restored TO civil rights, and 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 privileged 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 alnshouse, ssy-
lum or prison at the public expense.
Section 3 secures the right Of suffrage 10 United
States soldiers and sailors. Nc poll tax or regis
tration Is required of such voters.
Section 4 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
piu0 uoce 5r'a tI
Section requires the enactment Of registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests Of electoral qualification
Section requires the levying of an animal poll
tax Of from two to four dollars, on all male resi-
dents between the ages of twenty and sixty
years of age, unciyllized American /: dams 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 Of voters
on the adoption or rejection of this Constitution.
In Section tie words actually and not con.
structiyey" were not In the old Constitutlon.-
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
section, after 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 proviso was alleged to cover the
ground sufficiently. gaursg
The provision in Section regarding additional