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title to public land

in person or property, on account of his or her mode of religious

worship. Right and

Third. That the people inhabiting said Territory do agree, and

declare, that they forever disclaim all right and title to the unapdisclaimed. propriated public lands lying within said Territory, and that the

same shall be and remain at the sole and entire disposition of the
United States; and that lands belonging to citizens of the United

States, residing without the said State, shall never be taxed
States lands higher than the land belonging to residents thereof; and that no

taxes shall be imposed by said State on lands or property therein
belonging to, or which may hereafter be purchased by, the United
States.

United

exempt from taxation.

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We, the People of the State of Nevada, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquillity, and form a more perfect Government, do establish this

CONSTITUTION.

ARTICLE I.

DECLARATION OF RIGHTS.

Paramount

Section 1. All men are, by nature, free and equal, and have certain inalienable rights: among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

Sec. 2. All political power is inherent in the people. Govallegiance. ernment is instituted for the protection, security, and benefit of

the people; and they have the right to alter or reform the same
whenever the public good may require it. But the paramount
allegiance of every citizen is due to the Federal Government, in
the exercise of all its Constitutional powers, 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 connection therewith,
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,
Powers of and whensoever any portion of the States, or people 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.

Sec. 3. The right of trial by jury shall be secured to all, and
Right of

remain inviolate forever; but a jury trial may be waived by the

parties in all civil cases, in the manner to be prescribed by law; jury.

Federal Govern. ment.

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and in civil cases, if three fourths of the jurors agree upon a ver dict, it shall stand, and have the same force and effect as a verdict by the whole jury; provided, the Legislature, by a law passed by a two thirds vote of all the members elected to each branch thereof, may require a unanimous verdict, notwithstanding this provision.

Sec. 4. The free exercise and enjoyment of religious profes- Religions sion and worship, without discrimination or preference, shall worship. forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

Sec. 5. The privilege of the writ of habeas corpus shall not be Habeas suspended, unless, when in cases of rebellion or invasion, the public safety may require its suspension.

Sec. 6. Excessive bail shall not be required, nor excessive Bail. fines imposed ; nor shall cruel or unusual punishments be inflicted ; nor shall witnesses be unreasonably detained.

Sec. 7. All persons shall be bailable by sufficient sureties ; When unless for capital offenses, when the proof is evident, or the pre- bailable. sumption great. SEC. 8. No

person shall be tried for a capital or other infamous Capital or crime (except in cases of impeachment, and in cases of the militia

crime, when when in actual service, and the land and naval forces in time of tried. war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature) except on presentment or indictment of a grand jury; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense ; nor shall he be compelled, in any criminal case, to be a witness against himself ; When nor be deprived of life, liberty, or property, without due process prayer of law; nor shall private property be taken for public use with-taken out just compensation having been first made secured, except in cases of war, riot, fire, or great public peril, in which case com- tion. pensation shall be afterward made.

Sec. 9. Every citizen may freely speak, write and publish his Freedom of sentiments on all subjects, being responsible for the abuse of that speech and right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions, and civil actions for libels, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated.

Sec. 10. The people shall have the right freely to assemble Right to together to consult for the common good, to instruct their repre- and petisentatives, and to petition the Legislature for redress of grievances. Sec. 11. The military shall be subordinate to the civil power.

Standing No standing army shall be maintained by this State in time of maintained.

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time of peace.

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peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.

Sec. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law.

Sec. 13. Representation shall be apportioned according to resentation. population.

Sec. 14. The privilege of the debtor to enjoy the necessary Privileges of debtors, comforts of life shall be recognized by wholesome laws, exempt

ing a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted ; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia fine in

Sec. 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

SEC. 16. Foreigners who are, or who may hereafter become, Rights of

bona fide residents of this State, shall enjoy the same rights in residents. respect to the possession, enjoyment, and inheritance of property

as native-born citizens.

Sec. 17. Neither slavery nor involuntary servitude, unless for prohibited. the punishment of crimes, shall ever be tolerated in this State.

SEC. 18. The right of the people to be secure in their persons, Rights against

houses, papers, and effects, against unreasonable seizures and seizures and searches shall not be violated ; and no warrant shall issue but on

probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things, to be seized.

Sec. 19. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people.

bona fide

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searches.

Treason, what to consist of.

ARTICLE II.

RIGHT OF SUFFRAGE.

Right of suffrage. Who entitled.

SECTION 1. Every white male citizen of the United States, (not laboring under the disabilities named in this Constitution,) of the age of twenty-one years 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, shall be entitled to vote for all officers that now are, or hereafter may be, elected by the people, and upon all questions submitted to the electors at such election ; provided, that no person who has been, or may be, convicted of treason 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 person shall be entitled to the privilege of an elector.

Sec. 2. For the purpose of voting, no person shall be deemed Residence, to have gained or lost a residence by reason of his presence or ab-Winnanot

gained or sence while employed in the service of the United States, nor lost. while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while confined in any. public prison.

Sec. 3. The right of suffrage shall be enjoyed by all persons Right of otherwise entitled to the same who may be in the military or naval beleragostea

enjoyed service of the United States; provided, the votes so cast shall be by persons

in military made to apply to the county and township of which said voters service. were bona fide residents at the time of their enlistment; and, provided further, that the payment of a poll tax or a registration Proviso. of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections and making returns of such elections, wherein other provisions are not contained in this Constitution.

SEC. 4. During the day on which any general election shall be Elector, not held in this State, no qualified elector shall be arrested by virtue arrested. of any civil process. SEC. 5. All elections by the people shall be by ballot, and all

5 elections by the Legislature, or by either branch thereof, shall be viva voce.

SEC. 6. Provision shall be made by law for the registration of Registrathe names of the electors within the counties of which they may electors be residents, and for the ascertainment, by proper proofs, of the required. persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary, as a test of electoral qualification.

SEC. 7. The Legislature shall provide by law for the payment Poll tax. of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the State, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one half to be applied for State, and one half for county purposes; and the Legislature may, in its discretion, make such payment a condition to the right of voting.

Sec. 8. All persons qualified by law to vote for representatives Qualified to the General Assembly of the Territory of Nevada on the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons

be lawful voters in said Territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution.

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ARTICLE III.

DISTRIBUTION OF POWERS.

Powers

SECTION 1. The powers of the Government of the State of Nerestricted. vada shall be divided into three separate departments—the Legis

lative, the Executive, and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

How vested.

Where held.

Sessions.

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chosen

Term of office.

when chosen. Term of office.

Senators

SECTION 1. The Legislative authority of this State shall be vested in a Senate and Assembly, which shall be designated “The Legislature of the State of Nevada," and the sessions of such Legislature shall be held at the seat of government of the State.

SEC. 2. The sessions of the Legislature shall be biennial, and shall commence on the first Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclama

tion. Assembly

SEC. 3. The members of the Assembly shall be chosen bienmon; when nially, by the qualified electors of their respective districts, on the

Tuesday next after the first Monday in November, and their term

of office shall be two years from the day next after their election. Senators,

SEC. 4. Senators shall be chosen at the same time and places as members of the Assembly, by the qualified electors of their respective districts, and their term of office shall be four years from the day next after their election.

Sec. 5. Senators and members of the Assembly. shall be duly and mesemo qualified electors in the respective counties and districts which be qualified they represent, and the number of Senators shall not be less than

one third nor more than one half of that of the members of the

Assembly. Right to

Sec. 6. Each House shall judge of the qualifications, elecjudge of

tions and returns of its own members, choose its own officers qualifica

(except the President of the Senate), determine the rules of its proceedings, and may punish its members for disorderly conduct, and, with the concurrence of two thirds of all the members

elected, expel a member. May punish Sec. 7. Either House, during the session, may punish, by imand expel. prisonment, any person not a member who shall have been guilty May panish of disrespect to the House by disorderly or contemptuous betempt, etc. havior in its presence ; but such imprisonment shall not extend

beyond the final adjournment of the session.

SEC. 8. No Senator or Member of Assembly shall, during the to appoint- term for which he shall have been elected, nor for one year therecivil office. after, be appointed to any civil office of profit under this State

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