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

Section establishes the right of trial by jury,
but provides that three-tourths Of a jury in any
civil case may find verdict unless the Lcgisla
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 b. OK.
cluded Us 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 UNI
usual punishmcnts, etc
Section requires that all persons accused shall
be baiiablc, except for capital ollrnses.
Section prohibits trials for crime except on
prtSeutment or indictment, and establishes the
usual safeguards as TO personal and property rights.
Section y 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 10
hold public meetings, etc.
Section II subordiuHtes the military to the civil
power, prohibits u standing army in time Of peace,
and limits army appropriations in time Of war TO
two years.
Section l2 forbids the bil!cting of soldiers.
Section 10. Representation shall be apport!Oned
according TO population.
Section Ii requires the exemption Of a reasonable
amount Of property from execution for debt, and
torbidS imprisonment for debt except in cuSe OF
fraud, libel or SANDER"
Section Is forbids the passage OF any bill Of at
t,nder, eS post taCtO law, or law impairing the
obligation of contracts.
Section 10 secures 10 foreigners, on becoming
bona iidc residents, the same property rights aS
native-bOTn citizens
Section II prohibits slavery.
Section IL protects the people against unreas-
enable searches and seizures, and restricts the is
suing of search warrants.
Section 10 defines treason against the State (ls
in the United States Constitution), and requires
for conviction the testimony Of two witnesses
to the same overt act, or confession in open Court
Section 20 reserves 20 the people any aud all
rights not enumerated.
The most considerable change from tho old
Constitution in this Article Is in the paramount
allegiance" clause OF Section 2, which in the Old
Constitution read thus BIT the paramount al.
legianre of every citizen is due 10 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 10 impair subvert or resist the
supreme authority of the Government Of the
United States The Constitution of the United
states confprs full power on the Federal Govern
ment to maintain and perpetua:e lis existence,
and whcnsOevcr any portion OF the States, or PEG,
pie thereof, attempt 10 scccde from the Federal
Union, or forcby resist the execution Of its laws,
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience Ia its authority.
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc.. was stricken out, being sufficiently provi.
ird 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 provi.
sons for the prevention and punishment fduelling
The provision in Section ~, relative 10 con-
viciiOns of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section couiers 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-
vidrs that no person convicted oftrcasOn 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 shall
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 to the privilege OF an eeetor
Section provides that no person shall 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 of
learning, nor while kept in any almsh0use, asy-
lum or prison at the public expense.
Section 3 secures the right of suffrage 10 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 provides that all elections by the Pco-
pie shall be by ballot, and by the Legislature
uira p0ce.
Section 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
F-,,, IN
dents between the ages Of twenty-one and sixty
wears of age, uncviiZed American l. dlans ex-
cepted one.halfto go for State and one-hali lot
county purposes The payment of such fax may,
in the discretion of the Legislature, DC maze
condition TO the right of voting.
Section 3 relates to the qu&lincatiOns OF NoteFs
ON the adoption or rejection Of this Constitution
In Section tie words actually and not con-
structively" were not In the old Conshiuilon'-
They were inserted TO prevent the Poseiohity o.
reckoning the residence or the voter from tue
time he leaves some other state or county 10
come TO Nevada In the last paragraph OF the
ser ion after II Idiot or insane, the words OF
disloyal person" occurred in the old Constitution
These were stricken out on the ground oil vague
ness and uncertainty, and because Inc preceding
part Of the proviso was alleged to cover the
ground sufficiently. Ill.,, .,,,.,.,,i
oatbs or tests of electoral qualifications was not
contained, at least specifically, In the old Con
stitution. There are some other changes IN inc
Article, but relating mainly 10 phraseology and
arrangement
ARTICLE III-DIsTRIBUTIoN OF POWERS.
This Article IA identical with that of the old
Notwithstanding the powers OF the gov,
ernment into Legislative, Executive and JUDICIAL
Departments, each separate and distinct from Inc
others.
Provides for biennial sessions, TO commence on
the irst Monday OF January following the cleo
lion of members General elections are 10 oe
held on the Tuesday after the first Monday In
November. Senators hold office for four years
and Assemblymen for two years. Inc ususi
powers of parliamentary bodies are conferred
So member NAV hold any Office created during
bis term until one year after the expiration OF
such term, No person holding lucrative once
under the United States or any otner Govern.
ment can hold any office under the state e4sePs
Commissioners Of Deeds, and Postmastels Wnvso
commentator does not exceed SOU per ahhu1i'
Ennb.zzlsment. defalcation and bribery are made
dsoualIacations for holding Office. The sessions
must be open except the executive sessions Oh
the Senate ANY bill may originate III enneF
house. and DO open TO amendment III Ine otIe'
Each law must embrace but one snolect, ~uIcn
must be expressed in the title, ana aTnenon.Si5
laws must re-enact the Acts or sections amennro
at length, The third reading ofevery Dill must
be by sections, and the ayes and noes must 10
taken on the final passage of every Dill or 1olnt
resolution. A majority Of all the members eiscs
ed to each house is required to pass any onI "
expenditures must be publlshed, with the laws, az
every regular session AL laws must o5 general era
and uniform In operation, as far as possible sau
local or special legislation 10 expressly iorSI Tma.
Regulating the Jurisdiction and duties o. 1 Su
lces Of the Peace and Constaoles; ior saI
ishnr of crimes and misdemeanorsi reSuisuns
The nTactce of courts of justice; providing Ior
ch nripg the venue in civil and criminal Gases
granting divorces changing the names o. . Per
sons yacating roads, town plots streets, ey.
and public squares; summoninB an9 inpa .hs..
49, irrIan and pToYto1oo I0t tutU