Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1865-01-04
CONSTITUTION OF NEVADA,
CONSTITUTION OF NEVADA.

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:
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 unappropri
ated pubic 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 nonresi-
dents shall not be taxed higher than lands Of eiti
zehS OF the proposed state. These enactments are
made IN compliance with the terms Of the Ena
ping Act, and are declared irrevocable without
the consent of the United States and of the people
of the State Of Nevada
The preamble to the Constitution Ia 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-DECLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienabe 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
In bp or
State of the Federal Union to dissolve their con-
nection 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 Government TO maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
to seccde 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 jury In any
civil case may find verdict unless the Legisla
ture by atwo-thirds vote shall require such YER
diets TO be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person to be ex-
cuded as Il witness on account of religious Opin-
ions.
Section secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or IN
usual punishments, etc
Section requires that oil persons accused shall
be bailable, except for capital ofenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards Hs 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 subOrdlnates the military to the civil
power, prohibits 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 Ii. Representation shall be apportioned
according to population.
Section Il requires the exemption ofa 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
tander, ex post facto law, or law impairing the
| obligation of contracts
Section IL secures to foreigners, on becoming
bona Rde residents, the same property rights az
| natveborn citizens
Section II prohibits slavery.
| Section lS protects the people against uureas'
onablc 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 overtRct. or 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 tc
| dissolve their connection Herewith, or perform
any act tending 10 impair, subvert or resist the
supreme authority Of the Government of the
United StsFs The Constitution Of the United
States cOnfefs full power on the Federal Govern
ment to maintain and perpetuate its existence
and whensoever any portion of the States or peo
| pie thereof, attempt to secede from the Fedora
Union, fOrcibly 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 IL 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 SANDER" were inserted
in Section II, relative TO imprisonment for debt
on account of the adoption of stringent proyi
sOns for the prevention and punishment ofduellinG
|
victions of treason, was not contained in the old
Constitution.
ARTICLE II-RIeHT 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 constructively resided in the
State six months, and In the district or county
thirty days next preceding any election pro
vidcs that no person convicted oftreason or felony
10, CfaI. Nf ha tod
unless restored to civil rights and no 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 privilege OF an elector
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'
lum or prison ut the public expense
Section 3 secures the right Of suffrage 10 United
States soldiers and sailors. No poll tax or regis
| tration Is required of such voters.
Section prohibits arrests on civil process on
eis section provides that all elections by the peO
pie shall be BY ballot, and by the Legislature
Ufrd poce
| Section requires the enactment OF reBuMy
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-
dents between the ages of twenty.one and sixty
years of age, uncivilized American Il dians ex'
ceptcd, one.halft to go for State and one-half TOT
county purposes. The payment OF such tax may,
In the discretion of the Legislature, be MADE
condition 10 the right of voting. ~
: Section 6 relates to the qualifications OF voters
ON the adoption or rejection of this Constitution
EaIn Section tie words "actually and not con-
structively" were not in the old Constitution M
They were inserted to prevent the possoilty ~
reckoning the residence or the voter ron 'ne
time he leaves some other State or county 70
como to Nevada. In the last paragraph OF .ae
section, after idiot or insane" the WORDS OF
disloyakperson" occurred in the old Csnstitutlon'
These were stricken out on the ground OF vague
ness and uncertainty, and because the preceui ih
part Of the proviso was alleged to cover inc
ground sufficiently. ,,,.,.,u,
The provision in Section regarding additional
oaths ortests of electoral qualifications was MOI
contained, at least specifically, In the ola Con or
gtltutIon. There are some other changes IN tLt
Article, but relating mainly to phraseology uhU
ARTICLE tI-DIsTRIBUT1oN OF POWERS