Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-03

eminent may, by Warrant OF the Constitution,
employ armed force i'll compelling obedience TO
its authority"
Section establishes the right of trial by jury,
but provides that three-tourthS of jury in any
civil case may lind verdict unless the Legisla
lure by Il twO-thrds 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 opin-
ions.
Section 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 oifenses.
Section prohibits trials for crime except on
preSru,ment or indictment, and establishes the
usual safeguards Us to personal and property rights.
Section secures the freedom of speech and of
the press, and allows the truth to be given in ev
idencr, In actions for libel by way classification.
Section 10 establishes the right Of the people TO
hold public meetings, etc.
Section II suOortnatrs the military 10 the civil
power, prohibits standing army in time OF peace,
aud limits army appropriations in time of WAT 10
two years.
Section 10 forbds the billeting of soldiers
Section Is. Representation shall be appOrtioned
according to population
Section Ia requires the exemption Of u reasonable
amount of property from execution for debt, anu
torbis imprisonment tor debt, except i'll cusc OF
fruud, libel or Islander"
Section Is forbds the passage of any bill of at.
tkinder, ex post facto law, or law impalring the
obligation OF contracts.
Section 10 secures 10 foreigners, on becoming
bona tide residents, the same property rights rs
nulive-born citizens.
Section II prohibits slavery.
Section 10 protects the people against unreas'
enable searches aud seizures, and restricts the Is
suing of search warrants.
Section 10 defines treason against the State las
in the United States ConstituriOn). and requires
for conviction the testimony OF Two witnesses
10 the same overt act or confession in open Court
Section 20 reserves 10 the people any aud all
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 old
Constitution read thus /" But the paramount al
lpRiance of every citizen Is due TO the Federal
Government and no power exists In the people
VI this or any other State in the Federal Union 10
dissolve their connection therrwi b, or perform
any act tending to impair, Bubvert 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
mrnt to maintain and perpetuate Its existence.
and whensoever any portion Of the States, or Peo-
pie thereof attempt TO secrde from the Federal
Union, forci6ly 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., was stricken out, as being sufficiently provi
ded for in the article on Legislative Department.
The words "lbel or Islander" were inserted
in Section IA, relative to Imprisonment for debt,
on account Of the adoption of stringent proVl'
sious for the prevention and punishment ofdueng
The provision in Section l9, relative TO con-
yirtinns o treayOQ. wQS 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 consfruciivey resided in the
State nix months, and in the district or county
thirty days next preceding any election; :" pro-
yidrs thar 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, shn
have voluntarily borne arms against the United
States or held civil or military office under the
socalled Confederate States, or either OF them,
unless in 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 DC
deemed TO have gained OF lost residence for the
purpose of voting while in the service of the
United States, while student III any seminary OF
learning nor while kept in any almshOuse asy'
lum or prison at the public expense.
Section 3 secures the right of suffrage TO United
States soldiers and sailors Nc poll tax or regis
tration Is required Of such voters.
Section prohibits arrests on civil process on
election days
section s provides that all elections by the PEG.
pie shall be- by ballot, and by the Legislature
rird poce.
law, and authorizes the Legislature 10 prescribe
miles or oaths as tests of electoral qualification.
Section Z requires the levying Of an annual poll
tax of from two to four dollars on all male resi-
dents between the ages Of twenty.one and sixty
wears of age, uncivllized American l dams ex'
cepted, one balfto 60 for State and one-half Tor
county purposes The payment Of such tax may,
In the discretion of the Legislature, DO made
condition 10 the right of voting.
Section 8 relates TO the qualifications OF voters
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 TO
come TO Nevada In the last paragraph OF the
secIion after Idiot or insane" the words or
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 provlSo was alleged TO cover the
ground sufficiently.
The provision ID Section regarding additional
oaths or tests of electoral qualifications was not
contained at least specifically, In the old Con-
stItution. There IRE some other changes In the
Article, but relating mainly to phraseoogy and
arrangement
ARTICLE uI-pIsTRIBUTIoS OF POWERS.
This Article Il identical with that of the old
Consiitution-dividing the powers Of the Gov.
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEaIsLATIvE DEPARTMENT
Provides for biennial sessions, 10 commence on
the first Monday of January following the cleo
ton of members General elections are to be
held on the Tuesday after the frs, Monday in
November. Senators hold Office for four years
and AsSemblymen for two years. The usual
powers of parliamentary bodies are conferred.
No member may hold any Office created during
his term until one year after the expiration of
such term. No person holding lucrative Office
under the United States or any other Govern
ment Gun hold any office under the State except
Commissioners Of Deeds, and Postmasters whose
compensation does not exceed $500 per Rnuum.
Embezzlement, drfalration and bribery are made
diSqualitcations for holding Office. The sessions
must be open, except the executive sessions of
the Senate. Any bill may originate In either
house, and be open to amendment in the other.
Each law must embrace but one subject, which
must be expressed in the title, and ameDdatory
laws must re-enact the Acts or sections amended
at length. The third reading ofevery bill must
be by sections, and the ayes and moss must be
taken on the final passage Of every bill or joint
resolution. A majority of all the members elect
ed to each house is required to pass any bill or
resolution. Accurate statements Of receipts and
expenditures must be published. with the laws, at
every regular session All laws must b. general
and uniform in operation as far as possible and
local or special legislation Is expressly forbidden
Regulating the Jurisdiction and duties Of JUS
tices Of the Peace and Constables; for the pun.
ishing of crimes and misdemeanors; regulating
the practice Of courts Of Justice; providing ior
changing the venue in civil and criminal cnses:
granting divorces changing the names OF per.
sons vacating roads. town plots, streets al.sys
and public squares summoning and imPaI .hsir
ling grand and petit jurisS, and provtdine r0E 1Hsn