Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-02-28
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

Nevada, adopted on the seventh DAY OF Sep
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-
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 unappropr-
sted public lands, which are left to the sole dis
position Of the United States; 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 citi
zens ofthe proposed state. These enactments are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocable without
the consent of the United States and 1.-THE 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 to
secure its blessings, insure domestic tranquility
and form more perfect Government, do estab-
lish this Constitution"
ARTICLE I-DEcLARATIoS 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
plihcation of the Declaration Of Independence.
Section asserts that the doctrine OF the inhe'
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 i'll the people of this or any other
State of the Federal Union to dissolve their con-
uection 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
to secede from the Federal Union, or forcibly re.
sist the execution of its laws, the Federal Gov
ernment 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 jury in any
civil case may find a verdict unless the Legisla
ture by two-thirds vote shall require such Yer.
diets 10 be unanimous.
section requires perfect religious liberation
and freedom OF conscience. No person TO be ex'
cluded as witness on account Of religious opiu-
ions.
Section ) secures the writ of habeas corpus,
except in eases OF rebellion or invasion.
Section prohibits excessive bail, cruel or un'
usual punishments, etc
Section requires that all persons accused shall
be baiiabie, except for capital offenses.
Section 8 prohibits trials for crime except on
presentment or indictment, and establishes the
acknowledgements 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 10
two years.
Section 10 forbids the billeting of soldiers.
Section Is. Representation shall be apportioned
according 10 population.
Section IA requires the exemption Of 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
taiuder. ex post facto law, or law impairing the
obligation of contracts.
Section 10 secures 10 foreigners, on becoming
bona tide residents, the same property rights rs
uative-born citizens.
Section II prohibits slavery.
Section l8 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 1.-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 ., 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 resist 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 it's existence,
and whensoever any portion OF the States, or peo'
ue thereof attempt 10 scccde from the Federal
Union or forcibly resist the execution of its laws
the Federal Government may, by warrant of the
,9onstitution. employ armed force in compelling
obedience TO its authority" ..
N 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 Islander" Were inserted
In Section IA, relative to imprisonment for debt,
on account Of the adoption of stringent provi-
sionsfor the prevention and punishment ofduelling
The provision in Section l9, relative TO con-
VICIOUS OF ITedhOu, WAS uOL NOHhdIatu III bLS OAA
Constitution.
ARTICLE u-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 conStructivey 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,
az, nd m ~ hO
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 privilege of an eector
Section 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-
Ium or prison at the public expense.
Section secures the right Of suffrage TO United
States soldiers and sailors. Nc poll tax or regis
tra,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
uirG roee.
section s requires the enactment of registry
law, and authorizes the Legislature 10 prescribe
rules or oaths as tests of electoral qualification.
Section requires the levying of an annual poll
tar of from two to four dollars on all male resi-
dents between the ages Of twenty-one and sixty
years of age, upcivlized American |. dians ex'
cepted, one-halfto go for State and one.half for
county purposea 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 ofvotert
on the adoption or rejection of this Constitution
In Section tie words actually aud not con
structively" were not in the old Constitution
They we're inserted to prevent the possibility Of
reckohhg 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 80 Idiot or insane" the words oil
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.
The provision in Section s regarding additiona
oaths or tests of electoral qualifications was moi
contained, at least specifically, in the old Con
Stitution. There are some other changes in the
Article, but relating mainly to phraseolosy and
arrangement.
.prICT DEMONSTRATION OF POWERS