Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-14

but provides that three.fourths of jury in any
civil case may lind Il verdict unless the Legisla
ture by twOthirdS vote shall require such YER
diets 10 be unanimous
section requires perfect religious federation
and freedom OF conscience No person TO be eX'
cuded as g witness on account Of religious opin
ions.
Section secures the writ Of habeas corpus
except in cases OF rebellion or invasion.
Section 6 prohibits excessive bail, cruel or un
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section 6 prohibits trials for crime except on
presentment 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 to be given In ev.
idence, in actions for libel, by way classification.
Section 10 establishes the right Of the people TO
bold public meetings, etc.
Section II subordinates the military TO the civil
power, prohibits a standing army in time Of peace,
and limits army appropriations in time Of war TO
two years.
Section IL forbids the bletlng of soldiers
Section 10. Representation shall be apportoned
according 10 population.
Section IA requires the exemption ofs reasonable
amount Of property from execution for debt, and
torbids imprisonment for dobt, except in case OF
fraud, libel or SANDER"
Section Is forbids the passage Of any bill Of at
tainder, ex post facto law or law impsring the
obligation of contracts.
Section 10 secures 10 foreigners, on becoming
bona tide residents, the same property rights as
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 l9 defines treason against the State las
in the United States Constitution), and requires
for conviction the testimony of two witnesses
10 the same overt act or confession in open Court
SrctiOu 20 reserves to the people any aud all
rights not enumerated
The mos, 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.
lpgance of every citizen 10 due to the Federal
Government; and no power exists in the people
of this or any other State In the Federal Union TO
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
'taies confers full power on the Federal Govern
ment TO maintain and perpetuate It's existence,
and whensoever any portion OF the States, or PEG.
pie thereof attempt 10 seccde 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 tn its authority"
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. was stricken out, US being sufficiently provi'
drd for in the article on Legislative Department.
The words libel or Islander" were inserted
in Section IA, relative 10 imprisonment for debt,
on account of the adoption Of stringent provi.
sons for the prevention and punishment ofduelling
The provision in Section ~. relative to con
victions Of treason, was not contained in the old
Constitution.
ARTICLE lI-RIGHT OF SUFFRAGE.
| he oh 0f attf N
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-
vides that no person convicted oftreason felony
in any State or Territory Of the United States
unless restored 10 civil rights, and no person who
after arriving at the age Of eighteen years. shull
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 I'm eector
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'
luIn 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 5 provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
riro rocs,
Section requires the enactment Of registry
law and authorizes the Legislature TO 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, uucivllized American dams e1-
cepted, one halfto 20 for State and one'half for
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 gu ALLEGATIONS 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 tne
time he leaves some other state or county TO
come TO Nevada In the last paragraph OF lne
sec ion, after Idiot or insane" the words OF
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 proviso was alleged to cover the
ground sufficiently.
The provision in Section regarding additional
oatbs or tests Of electoral qualifications was not
contained, at least specifically, In the old Con
stitution. There are some other changes IN the
Article, but relating mainly TO phrsseology and
arrangement
ARTICLE uI-p1srR1Bur1oS OF POWERS.
This Article IL identical with that of the old
ConStituton-dividihg the powers OF the GOV.
prnment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
ARTICLE Iv-LEG1sLATIvE DEPARTMENT.
Provides for biennial sessions, TO commence on
the FIRST Monday Of January following the cleo.
ton of members General elections are TO be
held on the Tuesday after the frst 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 can hold any Office under the State except
Commissioners Of Deeds, and Postmasters whose
compensation does not exceed $500 per annum.
Emhpzzlement, defalcation and bribery are made
disauallhcations 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 ono subject, which
must be- expressed In the title, and amendatory
laws must re.enact the Acts or sections amended
al length, The third reading ofevery bill must
be BY sections, and the ayes and noes must DO
taken on the Anal 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 lswS, at
every regular session. AL laws must bs general
and uniform In operation, as far n possible, and
local or special legislation 10 expressly forbidden
Regulating the Jurisdiction and duties OF JUS
tices Of the Peace and ConItables; for the pun
ishing of crimes and mlSdemesnorsi regulating
the practice Of courts Of Justice; providing for
changing the venue In civil and cTiminslcases:
granting divorces; changing the nsneI Of par.
sons Vscstiug roads, town plots, streets aIlsyI
and pnhllcBqureS ), Summoning and impannel'
In arnnd aId natIt luriaA IA IRNXidmR lofAhair