26. 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.

Paramount Allegiance-Powers of Federal Government.

27. SEC. 2. All political power is inherent in the people. Government 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, 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.

Right of Trial by Jury.

28. SEC. 3. The right of trial by jury shall be secured to all, and 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; and in civil cases, if three-fourths of the jurors agree upon a verdict, 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 twothirds vote of all the members elected to each branch thereof may require a unanimous verdict, notwithstanding this provision.

State v. McClear, 11 Nev. 39.

Religious Worship.

29. SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall 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.

Habeas Corpus.

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

Bail.

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

When Bailable.

32. SEC. 7. All persons shall be bailable by sufficient sureties; unless, for capital offenses, when the proof is evident or the presumption great.

Capital or Infamous Crimes, How Tried-Taking of Property.

33. SEC. 8. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service, and the land and naval forces in time of 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; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation having been first made or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.

1. RIGHT OF PARTY CHARGED BEFORE A COURT MARTIAL TO COUNSEL. Huffaker v. Crosby, 24 Nev.

2. "INDICTMENT OF A GRAND JURY," MEANING OF. State v. Chamberlain, 6 Nev. 257.

3. WHEN JEOPARDY ATTACHES. Ex parte Maxwell, 11 Nev. 434; State v. Rover, 10 Nev. 398; State v. Pritchard, 16 Nev. 106.

4. COMPELLING PERSON TO SHOW MARKS OF IDENTIFICATION NOT COMPELLING HIM TO BE A WITNESS AGAINST HIMSELF. State v. Ah Chuey, 14 Nev. 79.

5. DUE PROCESS OF LAW DEFINED. Wright v. Cradlebaugh, 3 Nev. 349; Gibson v. Mason, 5 Nev. 284.

6. EMINENT DOMAIN FOR MINING AND MILLING-PUBLIC USE. Dayton G. & S. M. Co. v. Seawell, 11 Nev. 394; Overman S. M. Co. v. Corcoran, 15 Nev. 147.

Freedom of Speech and of the Press.

34. SEC. 9. Every citizen may freely speak, write, and publish his sentiment on all subjects, being responsible for the abuse of that 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.

Rights to Assemble and Petition.

35. SEC. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

Standing Army Not to Be Maintained.

36. SEC. 11. The military shall be subordinate to the civil power. standing army shall be maintained by this state in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.

Quartering of Soldiers. 37. 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.

Representation.

38. SEC. 13. Representation shall be apportioned according to population.

Fletcher v. Rhue, 24 Nev.

Privileges of Debtors.

39. SEC. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting 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 time of peace.

IMPRISONMENT ON CIVIL PROCESS. Ex parte Bergman, 18 Nev. 341.

Ex Post Facto Law.

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

Rights of Bona Fide Residents.

41. SEC. 16. Foreigners who are, or who may hereafter become, bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens.

Slavery Prohibited.

42. SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state.

Rights Against Seizures and Searches.

43. SEC. 18. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable 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.

Treason, of What to Consist.

44. 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.

Rights Retained by the People.

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

46. SECTION 1. Every 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.

[Amended by striking out the word white before the word male. Adopted by the legislature 1877 and 1879; ratified at the general election of 1880.]

1. REGISTRY LAW OATH UNCONSTITUTIONAL. Davies v. McKeeby, 5 Nev. 369.

2. McMillan v. Sadler, 25 Nev.

Residence, When Not Gained or Lost.

47. SEC. 2. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in

Capital or Infamous Crimes, How Tried-Taking of Property.

33. SEC. 8. No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service, and the land and naval forces in time of 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; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation having been first made or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.

1. RIGHT OF PARTY CHARGED BEFORE A COURT MARTIAL TO COUNSEL. Huffaker v. Crosby, 24 Nev.

2. "INDICTMENT OF A GRAND JURY," MEANING OF. State v. Chamberlain, 6 Nev. 257.

3. WHEN JEOPARDY ATTACHES. Ex parte Maxwell, 11 Nev. 434; State v. Rover, 10 Nev. 398; State v. Pritchard, 16 Nev. 106.

4. COMPELLING PERSON TO SHOW MARKS OF IDENTIFICATION NOT COMPELLING HIM TO BE A WITNESS AGAINST HIMSELF. State v. Ah Chuey, 14 Nev. 79.

5. DUE PROCESS OF LAW DEFINED. Wright v. Cradlebaugh, 3 Nev. 349; Gibson v. Mason, 5 Nev. 284.

6. EMINENT DOMAIN FOR MINING AND MILLING-PUBLIC USE. Dayton G. & S. M. Co. v. Seawell, 11 Nev. 394; Overman S. M. Co. v. Corcoran, 15 Nev. 147.

Freedom of Speech and of the Press.

34. SEC. 9. Every citizen may freely speak, write, and publish his sentiment on all subjects, being responsible for the abuse of that 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.

Rights to Assemble and Petition.

35. SEC. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

Standing Army Not to Be Maintained.

36. SEC. 11. The military shall be subordinate to the civil power. No standing army shall be maintained by this state in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.

Quartering of Soldiers.

37. 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.

Representation.

38. SEC. 13. Representation shall be apportioned according to population.

Fletcher v. Rhue, 24 Nev.

Privileges of Debtors.

39. SEC. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting 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 time of

peace.

IMPRISONMENT ON CIVIL PROCESS. Ex parte Bergman, 18 Nev. 341.

Ex Post Facto Law.

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

Rights of Bona Fide Residents.

41. SEC. 16. Foreigners who are, or who may hereafter become, bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens.

Slavery Prohibited.

42. SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state.

Rights Against Seizures and Searches.

43. SEC. 18. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable 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.

Treason, of What to Consist.

44. 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.

Rights Retained by the People.

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

46. SECTION 1. Every 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.

[Amended by striking out the word white before the word male. Adopted by the legislature 1877 and 1879; ratified at the general election of 1880.]

1. REGISTRY LAW OATH UNCONSTITUTIONAL. Davies v. McKeeby, 5 Nev. 369.

2. McMillan v. Sadler, 25 Nev.

Residence, When Not Gained or Lost.

47. SEC. 2. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in