Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-18
OBSERVATION-DISCLOSURES. or !; N 3

out traction OF the IOoIn EequHeu luz tue
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 toleratlon dis
claiming forever all right and title to unappropri
ated 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 cit
zens ofthe proposed state. These enactments are
made in compliance with. the terms of the EnR
bling Act, and IRE declared irrevocable without
the consent of the United States and ofthc people
of the State of Nevada.
The preamble to the Constitution is the same
as that of the old Constitution. 1t reads thus:
I'VE, 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
| plihcaton 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: t. 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 in the people of this or any other
state of the Federal Union to dissolve their con-
nection Herewith, or perform any act tending TO
| impair, subyert 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 secede 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"
but provides that three.fourths Of jury in any
civil case may find Il 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 rs 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 punshments, etc
| Section requires that all persons accused snail
| be bailable except for capital ofenses.
Section prohibits trials for crime except on
presentRent or indictment, and establishes the
usual safeguards as to personal and property rights
| Section secures the freedom of speech and OF
the press, and allows the truth 10 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 to
| two years.
Section 70 forbids the bileting of soldiers.
Section l3. Representation shall DO apportioned
according to population.
Section Il requires the exemption of a 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.
thnder, ex post facto law, or law impairing the
| obligation of contracts
Section IL secures to foreigners on becoming
| bona tide residents, the same property rights AZ
native-born citizens.
Section II prohibits slavery.
Section ls protects the people against unreas'
enable searches and seizures and restricts the Is
| suing of search warrants.
Section 10 defines treason against the State (as
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 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 2, 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 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 Govern
ment to maintain and pcrpetuate It's existence,
and whensoever any portion of the States, orpeo
pie thereof attempt to secede from the Federal
Union, or 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, us being sufficiently proyi
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'
sionsfor the prevention and punishment ofdueng
The provision in Section 10, relative to con.
victiOns of treason, was not contained in the old
Constitution.
ARTICLE I-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 constructively resided in the
State six mohths and in the district or county
thirty days next preceding any election" pro-
vdcs that no person convicted oftreason or felony
| in any StQte OF OI CulISu SlultSI
unless restored to civil rights, and 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 10 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 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 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
trstion Is required of such voters.
Section prohibits arrests on civil process Oh
election days.
section provides that all elections by the peo'
pie shall be by ballot, and by the Legislature
section requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests OF electoral quallncat1n.
tar of from two to four dollars, on all male resi-
dents betyy cen the ages Of twenty.on and si&ty
years of age, uucfyilized American diana ex'
cepted, one.halfto go for State and onehali ior
county purposes The payment OF suen TAX may,
in the discretion of the Legislature, DC maoe
condition to the right Of voting. .
section q relates TO the qualifications OF voters
on the adoption or rejection OF TINS Oonsutuion'
| In Section tie words " actually and not con-
,,rI,rtIyaIvn were not In the old Constitution
Thev wsr. inserted to prevent the possibility OF
rscEonino the residence or the voter from the
time he leaves some other state or county 70
come 10 Nevada In the last paragraph OF tne
| section. after Idiot or insane the WORDS VI
! disloyal person" occurred In the OLD ConsuIuton'
These were stricken out on the GROUND OF vague.
| ness and uncertainty, and because tne pleceu!u6
mart of the provIso was alleged 70 cover inc
ground sufficiently ...-., AZ s,.,orol
The nroylsion in Section regarding additional
oatbs or tests of electoral qualifications was NOT
contaIned. at least specifically, In the old Con-
St,,nfIons There are some other changes IN the
srticie hut relating mainly to phrsseology and
arrangement.
ARTICLE REDISTRIBUTION OF PoWERs.
This Article is identical with that Of the old
| misunderstanding the powers OF the GOV,
Eminent into Legislative Executive and judicial
Depsrtiuents each separate ana distinct from the
otherA p,prNrNr
+r,royides for biennial sessions, 10 commence on
| ,ba frst Monday of January following the cleo
,tor of members General elections are to be
MA On tbe Tuesday after the first Monday In
HS,.Snbar Senators hold office for four years
Va Assemblymen for two years. The usual
POWERS of parliamentary BODIES are cohi ,
Eo member may hold any Once created outihs
his term until one year after tne eHpra'io 4, VI
snch term No person holding lucrative once
nnder the limited States or any otner Govern.
rnent can hold any office under the state except
commissioners of Deeds, and fosinssters WHOSE