Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-17
CONSTITUTION OF NEVADA,
CONSTITUTION OF 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 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 Iesoiu,
ton adopting the Constitution OF run ~
States and an ordinance forever pronoiunB s sas
very, securing perfect religious toielauoh, uis
claiming forever all right and title 80 t,s
ated public lands, which are LETT 70 WIG soi uis
position Of the United States; exemPtiISs IN, I.
taxation all lands and other properly VI tne o li
ted States and declaring that lands OF honres si
dents shall not be taxed higher than lAnos Y, elt
zenB ofthe proposed state. These enactnent . alo
made In compliance with the terms OF tue Ena
bling Act, and are declared irrevocaoie MNnoIV
the consent of the United States and OF the people
of the State Of Nevada.
THE preamble to the Constitution Is the same
an that OF the old Constitution. II resoS mus
ave, the people Of the State of Nevada grste-
full to Almighty God for our freedom, IN orueI W
secure its blessings, insure domestic tranqulil,y
and form more perfect Government, DO eS'so'
lish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature fIee aho
equal possessing certain inallenable rignIs, eH''
the language of the section being merely 4h hah
plification Of the Declaration Of Independence.
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 il due TO the Federal Govern
mrnt, In the exercise of all Its constitutional pow
ers, as the same have been or may be dennea oy
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-
nertion 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 tuii
power on the Federal Government TO maintain
and perpetuate its existence, and whensoever any
portion Of the States, or people thereof, attempt
10 secede from the Federal Union, or forcioly re-
stat the execution of Its laws, the Federal Gov
eminent muy, by warrant of the Constitution,
employ armed force in compelling obedience 10
its authority.
hut provides that three. fourthS of jury in any
civil case may find verdict unless the Legisla
turu BY a tw0.thirds vote shall require such YER
diets to be unanimous
Section 4 requires perfect religious federation
and freedom of conscience No person TO be ex'
cluded as a witness on account of religious opin'
ions.
except in cases Of rebellion or invasion.
Section prohibits excessive bail, cruel or un
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses
Section prohibits trials for crime except on
presentmcnt or Indictment and establishes the
usual safeguards RS TO personal and property rights
tha nj
the press and allows the truth to BIO given III ev
ldence 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 q standing army In time OF peace
and limits army appropriations In time of war tt
| two years.
Section u forbids the billeting of soldiers.
Section H. Representation shall BIO apportionet
according 10 population.
Section II requires the exemption OF a reasonable
| amOunt of property from execution for debt, anC
forbids imprisonment for debt, except in case o
| fraud, libel or SANDER"
Section Is forbids the passage OF any bill of at
tander ex post facto law, or law imPairing tl'
obligation Of contracts.
Section IL secures to foreigners on becoming
| bona fide residents the same property rights n
nativeborn citizens
Section II prohibits slavery.
Section 10 protects the people against unreas
enable searches and seizures, and restrlcH the N
| suing of search warrants.
Section lg defines treason against the State IA
| in the United States ConstitutOn) and requires
| for conviction 1.-The testimony of two witnesse
to the same overt act, or confession In open Court
Section 70 reserves 10 the people any and oil
| rights not enumerated
The most considerable change from the OLE
| Constitution in this Article il in the paramount
| allegiance" liause of Section q which in the ole
| Constitution read thus: - But the paramount al
| legancc of every citizen is due to the Fedora
| Government and no power exists in the peopl'
of this or any other State in the Federal Union u
dissolve their connection Herewith, or perform
any act tending TO impair, subvert or resist tn
| supreme authority of the Government of tn
United States The Constitution of the United
States conferS full power on the Federal Govern
ment 10 maintain and perpetuRte Its existence
and whcnsoever any portion Of the States, or peo
pie thereof, attemptto secede from the Fedora
Union or forcibly resist the execution of Its laws
the Federal Government may, by warrant of tn
Constitution, employ armed force in compelling
obedience TO its authority"
| Section IL of the old Constitution, prohibiting
| the Legislature from granting special privileges
etc, was stricken out. AZ being sufficiently provi
ded for in the article on Legislative Department
The words libel or SANDER" were inserted
In Section Ia, relative TO imprisonment for debt
on account of the adoption of stringent provi
Sonsfor the prevention and punishmento fduellint
| The provision in Section 10, relative 10 con
victions of treason, was not contained IN the oil
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section confers the right of suffrage on ever,
| white male citizen of the United states, twenty
one years of age and upwards, "who shall hav
actually and not constructively resided In tn
| State six months, and in the district or count,
| thirty dnyz neNt nracedinV any Alection ~ OrO
vides that person convicted oftreason or felon!
| 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 Unite'
States or held civil or military Office under tht
so-called Confederate States, or either Of them
unless an amnesty be granted to such by tn
Federal Government, and no idiot or insane per
son, shall be entitled to the privilege of an eector
| Section provides that no person shall b
| deemed TO have gained or lost residence for tn
purpose Of voting while in the service Of tb
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 TO Unitet
States soldiers and sailors. Nc poll tax or regis
tration Is required Of such voters.
Section prohibits arrests OH civil process OF
election days.
Section provides that all elections by the PEG
pie shall be by ballot, and by the Legislature
pirG Uoce.
Section requires the enactment of q registry
law, and authorizes the Legislature 10 prescrib,
rules oaths as tests of electoral qualification.
Section requires the levying of an annual pol
tax OF from two to four dollars, on all male resi-
dents between the ages Of twenty.one aud sixty
years of age, uncivilized American L dams ex
cepted one.halfto 90 for State and one.half fol
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 ofvoter'
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 o
reckoning the residence or the voter from th'
time he leaves some other state or county Il
come to Nevada In the last paragraph Of TIL
section, after 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 provso was alleged to cover thu
ground sufficiently.
The provision In Section regarding additional
oaths or tests of electoral qualifications was moi
contained. Mt leask unaciHcally In the old Con