Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-10
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

TENDER. 1t is greatly condensed, occupying
but a 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: -.,.........,...
Preceding the Constitution proper Is Tesolu
tlon adopting the Constitution OF tne ohteu
States and an ordinance forever prohiolting sna
very, securing perfect religious tolerstoh, uls
claiming forever all right and titleto unaPP.oPP,i
ated public lands, which are LETT TO the soie uis
position of the United States; exempnng I I,i
taxation all lands and other property OF the UNI
ted States, and declaring that lands Of nonresl'
dents shall not be taxed higher than LANDS OF cur
zens ofthe proposed state. These enactmentS ate
made in compliance with the terms OF the Ena
bling Act, and are declared irrevocable wltho1s
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. 1t READS thus :
{" We, the people of the State of Nevada, CRATE
full to Almighty God for our freedom, In order 70
secure its blessings, insure domestic tranqullliy
and form n more perfect Government, DO estso'
lish this Constitution" 40 .r.... ..... r
ARTICLE 1-DEcLARATIoN OF RIGHTS.
Section declares all men by nature free anu
equal possessing certain inalienable rights etc''
the language of the section being merely an am
section , asserts that the doctrine Of the inne.
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 denned Dy
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
Constitution of the. United States confers full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
10 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 70
its authority"
Section establishes the right of trial by jury,
but provides that three-fourths OF jury in any
civil case NAV find a 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 rs witness on account OF religious opin-
ions.
Section 5 secures the writ of habeas 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 bailable, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
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 n standing army in time OF peace,
and limits army appropriations in time OF war to
two years.
Section 10 forbids the billeting of soldiers.
Section b. Representation shall be Hpportioned
according TO population.
Section Ia requires the exemption of reasonable
amount of property from execution for debt, and
forbids imprisonment for debt except in case oil
fraud, libel or SANDER"
Section Is forbids the passage of any bill Of at
thindcr, ex post facto law, or law impairing the
obligation of contracts
Section 10 secures 10 foreigners, on becoming
bona fide residents the same property rights n
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 (aS
| in the United States Consttution), and requires
| for conviction /" the testimony of two Witnesses
to the same Overtact, or 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 2, which in the Ole
| Constitution read thus: I" But the paramount al
| lpgance of every citizen is due to the Fedora
! Government and no power exists in the people
of this or any other State in the Federal Union tt
1 lbs. ,.tVh Narfn N
| any act tending TO impair, subyert or resist tue
supreme authority of the Government OF tht
| United States. The Constitution of the United
! states confers full power on the Federal Govern
ment to maintain and perpetuate It's existence
| and whcnsOeveT any portion OF the States, or PEG
| pie thereof attempt TO secede from the Federa
Union or forcibly resist the execution oft laws
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience To Its authority"
Section IL of the old Constitution, prohibiting
| the Legislature from granting special privileges
ETC., stricken out, as being sufficiently provi
ied for in the article on Legislative Department
The words Libel or Islander" were inserted
| In Section II, relative 10 imprisonment for debt
| on account of the adoption of stringent provi
sionsf the prevention and punishment fduellinE
The provision in Section l9, relative TO con
victiOnS of treason was not contained in the Ole
| Constitution.
| ARTICLE II-RIGHT OF SUFFRAGE.
Section confers the right of suffrage on every
white male citizen of tho United states, twenty
one years OF age and upwards, who shall have
actually and not constructiyely resided in thu
| State six moIlths, and in the district or county
thirty days next preceding any election; pro
videS that no 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, shal
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 the privilege OF an elector
Section provides that no person snail 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 o.
| learning nor while kept in any almshouse, asy'
lum or prison at the public expense.
Section secures the right Of suffrage 10 United
| States aOldiers and sailors Nc poll tax or regis
tratop IL 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
| Uird poce.
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 annual poll
tax of from two to four dollars, on all male resi-
dents between the ages of twentyonc and sixty
years of age, uncivilized American dians ex.
cepted one.halfto go for State and onehalf 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 State or county tc
come to Nevada In the last paragraph of the
section, after Idiot or insane" the words "oI
disloyal person" occurred in the old Contribution
These were stricken out on the ground of vague
ness and uncertainty, and because the preceding
part of the provso was alleged to cover the
ground sufficiently.
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
contained, at least specifically, in the old Con,
sttution. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement.
ARTICLE nI-DIsTRIBUTIoN OF POWERS.
mil IL