§ 15. The terms of the Supreme Court shall, until provision be made by law, be held at such times as the judges of the said courts, or a majority of them, may appoint. The first terms of the several District Courts (except as hereinafter mentioned) shall commence on the first Monday of December, A. D., eighteen hundred and sixty-four; the first term of the District Court in the Fifth Judicial District shall commence on the first Monday of December, A. D., eighteen hundred and sixty-four, in the county of Nye, and shall commence on the first Monday of January, A. D. eighteen hundred and sixty-five, in the county of Churchill. The terms of the Fourth Judicial District Court shall, until otherwise provided by law, be held at the county seat of Washoe County, and the first term thereof be held on the first Monday of December, A. D., eighteen hundred and sixty-four.

§ 16. The Judges of the several District Courts of this State shall be paid as hereinbefore provided, salaries at the following rates per annum: First Judicial District (each judge) $6,000; Second Judicial District, $4,000; Third Judicial District, $5,000; Fourth Judicial District, $5,000; Fifth Judicial District, $3,600; Sixth Judicial District, $4,000; Seventh Judicial District, $6,000; Eighth Judicial District, $3,600; Ninth Judicial District, $5,000.

§ 17. The salary of any judge in said judicial districts may, by law, be altered or changed, subject to the provisions contained in this Constitution.

§ 18. The Governor, Lieutenant-Governor, Secretary of State, State Treasurer, State Controller, Attorney-General, Surveyor-General, Clerk of the Supreme Court, and Superintendent of Public Instruction to be elected at the first election under this Constitution, shall each qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election, and shall continue in office until the first Tuesday after the Monday of January, eighteen hundred and sixty-seven, and until the election and qualification of their successors respectively.

§ 19. The Judges of the Supreme Court and District Judges provided to be elected at the first election under this Constitution, shall qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election.

§ 20. All Officers of State and District Judges first elected under this Constitution, shall be commissioned by the Governor of this Territory, which commission shall be countersigned by the Secretary of the same, and shall qualify before entering upon the discharge of their duties, before any officer authorized to administer oaths under the laws of this Territory; and also the State Controller and State Treasurer shall each respectively, before they shall qualify and enter upon the discharge of their duties, execute and deliver to the Secretary of the Territory of Nevada an official bond, made payable to the people of the State of Nevada in the sum of thirty thousand dollars, to be approved by the Governor of the Territory of Nevada; and shall also execute and deliver to the Secretary of State such other or further official bond or bonds as may be required by law.

21. Each county, town, city and incorporated village, shall make provision for the support of its own officers, subject to such regulation as may be prescribed by law.

§ 22. In case the office of any Justice of the Supreme Court, District Judge, or other State officer, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor until it shall be filled by election for the residue of the unexpired term.

§ 23. All cases, both civil and criminal, which may be pending and undetermined in the Probate Courts of the several counties at the time when, under the provisions of this Constitution, said Probate Courts are to be abolished, shall be transferred to and determined by the District Courts of such counties respectively.

§ 24. For the first three years after the adoption of this Constitution, the Legislature shall not levy a tax for State purposes exceeding one per cent per annum, on the taxable property in the State; Provided, The Legislature may levy a special tax, not exceeding one-fourth of one per cent per annum, which shall be appropriated to the payment of the indebtedness of the Territory of Nevada, assumed by the State of Nevada, and for that purpose only, until all of said indebtedness is paid.

25. The county of Roop shall be attached to the county of Washoe for judicial, legislative, revenue and county purposes, until otherwise provided by law.

§ 26. At the first regular session of the Legislature, to convene under the requirements of this Constitution, provision shall be made by law for paying for the publication of six hundred copies of the debates and proceedings of this Convention, in book form, to be disposed of as the Legislature may direct; and the Hon. J. Neely Johnson, president of this Convention, shall contract for, and A. J. Marsh, official reporter of this Convention, under the direction of the President, shall supervise the

publication of such debates and proceedings. Provision shall be made by law at such first session of the Legislature for the compensation of the Official Reporter of this Convention, and he shall be paid in coin or its equivalent. He shall receive for his services in reporting the debates and proceedings, fifteen dollars per day during the session of the Convention, and seven and one-half dollars additional for each evening session, and thirty cents per folio for one hundred words for preparing the same for publication, and for supervising and indexing such publication, the sum of fifteen dollars per day during the time actually engaged in such service.

ELECTION ORDINANCE.

Whereas, The Enabling Act passed by Congress, and approved March 21, A. D. 1864, requires that the Convention charged with the duty of framing a Constitution for a State government, shall provide by ordinance for submitting said Constitution to the people of the Territory of Nevada for their ratification or rejection, Therefore, This Convention, organized in pursuance of said Enabling Act, do establish the following

ORDINANCE:

SECTION 1. The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitution to the people of said Territory for their approval or rejection on the day provided for such submission by act of Congress; and this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof for their approval or rejection, at the time provided by such act of Congress; and further, on the first Tuesday after the first Monday of November, A. D. eighteen hundred and sixty-four, there shall be a general election in the several counties of said Territory, for the election of State officers, Supreme and District Judges, members of the Legislature, Representatives in Congress and three presidential electors. § 2. All persons qualified by the laws of said Territory to vote for Representatives to the General Assembly on the said twenty-first day of March, including those in the army of the United States, both within and beyond the boundaries of said Territory, and also all persons who may by the aforesaid laws be qualified to vote on the first Wednesday of September, A. D. 1864, including those in the aforesaid army of the United States, within and without the boundaries of said Territory, may vote for the adoption or rejection of said Constitution on the day last above named. In voting upon this Constitution, each elector shall deposit in the ballot box a ticket whereon shall be written or printed "Constitution, Yes," or "Constitution, No," or such other words that shall clearly indicate the intention of the elector.

§ 3. All persons qualified by the laws of said Territory to vote on the Tuesday after the first Monday of November, A. D. eighteen hundred and sixty-five, including those in the army of the United States within and beyond the boundaries of said Territory, may vote on the day last above named, for State officers, Supreme and District Judges, members of the Legislature, Representatives in Congress, and three presidental electors of Electoral College.

§ 4. The election provided in this ordinance shall be holden at such places as shall be designated by the Board of Commissioners of the several counties in said Territory. The judges and inspectors of said election shall be appointed by said commissioners, and the said election shall be conducted in conformity with the existing laws of said Territory in relation to holding the general election.

§ 5. The judges and inspectors of said election shall carefully count each ballot immediately after said election, and forthwith make duplicate returns thereof to the Clerks of the said County Commissioners of their respective counties, and said clerks within fifteen days after said election shall transmit an abstract of the votes, including the soldiers' vote as herein provided, given for State officers, Supreme and District Judges, Representatives in Congress, and three presidential electors, inclosed in an envelope, by the most safe and expeditious conveyance, to the Governor of said Territory, marked "election returns."

§ 6. Upon the receipt of said returns, including those of the soldiers' vote, or within twenty days after the election, if said return be not sooner received, it shall be the duty of the Board of Canvassers, to consist of the Governor, United States District Attorney, and Chief Justice of said Territory, or any two of them, to canvass the said returns in the presence of all who may wish to be present, and if a majority of all the votes given. upon this Constitution shall be in its favor, the said Governor shall immediately publishi an abstract of the same and make proclamation of the fact in some newspaper in said Territory, and certify the same to the President of the United States, together with a copy of the Constitution and ordinance. The said Board of Canvassers after canvassing the votes of the said November election shall issue certificates of election to such

persons as were elected State officers, Justices of the Supreme and District Courts, Representatives in Congress, and three Presidental Electors. When the President of the United States shall issue his proclamation declaring this State admitted into the Union on an equal footing with the original States, this Constitution shall thenceforth be ordained or established as the Constitution of the State of Nevada.

§ 7. For the purpose of taking the vote of the electors of said Territory who may be in the army of the United States, the Adjutant-General of said Territory shall, on or before the fifth day of August next following, make out a list in alphabetical order, and deliver the same to the Governor, of the names of all the electors, residents of said Territory, who shall be in the army of the United States, stating the number of the regiment, battalion, squadron or battery to which he belongs, and also the county or township of his residence in the said Territory.

§ 8. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron and battery, from said Territory in the service of the United States, and shall, on or before the fifteenth day of August following, transmit, by mail or otherwise, to the commanding officer of each regiment, battalion, squadron and battery, a list of electors belonging thereto, which said list shall specify the name, residence and rank of each elector, and the company to which he belongs, if to any, and also the county and township to which he belongs, and in which he is entitled to vote.

§ 9. Between the hours of nine o'clock A. M. and three o'clock P. M., on each of the election days hereinbefore named, a ballot box, or suitable receptacle for votes, shall be opened, under the immediate charge and direction of three of the highest officers in command, for the reception of votes from the electors whose names are upon said list, at each place where a regiment, battalion, squadron, or battery of soldiers from the said Territory, in the army of the United States, may be on that day, at which time and place said electors shall be entitled to vote for all officers for which, by reason of their residence in the several counties in the said Territory, they are authorized to vote, as fully as they would be entitled to vote in the several counties or townships in which they reside, and the votes so given by such electors at such time and place, shall be considered, taken and held to have been given by them in the respective counties and townships in which they are resident.

§ 10. Each ballot deposited for the adoption or rejection of this Constitution, in the army of the United States, shall have distinctly written or printed thereon, "Constitution, Yes," or "Constitution, No," or words of a similar import; and further, for the election of State officers, Supreme and District Judges, members of the Legislature, Representatives in Congress, and three presidential electors. The name and office of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector voting as aforesaid shall be checked upon the said list at the time of voting, by one of the said officers having charge of the ballot box, The said officers having charge of the election shall count the votes and compare them with the checked list immediately after the closing of the ballot box.

§ 11. All the ballots cast, together with the said voting list checked as aforesaid, shall be immediately sealed up and sent forthwith to the Governor of said Territory, at Carson City, by mail or otherwise, by the commanding officer, who shall also make out and certify duplicate returns of votes given, according to the forms hereinafter prescribed, seal up and immediately transmit the same to the Governor at Carson City, by mail or otherwise, the day following the transmission of the ballots and the voting lists herein named. The said commanding officer shall also immediately transmit to the several County Clerks in said Territory an abstract of the votes given at the general election in November for county officers, marked "election returns."

§ 12. The form of returns of votes, to be made by the commanding officers to the Governor and County Clerks of said Territory, shall be in substance as follows, to wit:

"Returns of soldiers' votes in the (here insert the regiment, detachment, battalion, squadron or battery.)

I,

(For first election-on the Constitution.)

hereby certify that on the first Monday of September, A. D. eighteen hundred and sixty-four, the electors belonging to the (here insert the name of the regiment, detachment, battalion, squadron or battery) cast the following number of votes for and against the Constitution for the State of Nevada, viz. :

For Constitution, (number of votes written in full and in figures.)
Against Constitution, (number of votes written in full and in figures.)

I,

(Second election-for State and other officers.)

hereby certify that on the first Tuesday after the first Monday in November, A. D. eighteen hundred and sixty-four, the electors belonging to the (here insert as above) cast the following number of votes for the several officers and persons hereinafter named, viz.:

For Governor, (names of persons voted for, number of votes for each person voted for written in full, and also in figures, against the name of each person.)

For Lieutenant-Governor, (names of candidates, number of votes cast for each written out and in figures, as above.)

(Continue as above until the list is completed.)

ATTEST:

I, A. B., commanding officer of the (here insert the regiment, detachment, battalion, squadron or battery, as the case may be.)"

§ 13. The Governor of this Territory is requested to furnish each commanding officer within and beyond the boundaries of said Territory proper and sufficient blanks for said

returns.

§ 14. The provisions of this ordinance in regard to the soldiers' vote shall apply to future elections under this Constitution, and be in full force until the Legislature shall provide by law for taking the votes of citizens of said Territory in the army of the United States.

Done in Convention, at Carson City, the twenty-eighth day of July, in the year of our Lord one thousand eight hundred and sixty-four, and the independence of the United States the eighty-ninth, and signed by the Delegates.

J. NEELY JOHNSON, President of the Convention, and Delegate from Ormsby county.

WM. M. GILLESPIE, Secretary.

CONSTITUTION OF NEW HAMPSHIRE. 1792.*

PART FIRST.

BILL OF RIGHTS.

ARTICLE 1. All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good.

ART. 2. All men have certain natural, essential, and inherent rights; among which are the enjoying and defending life and liberty; acquiring, possessing, and protecting property; and, in a word, of seeking and obtaining happiness.

ART. 3. When men enter into a state of society they surrender up some of their natural rights to that society, in order to insure the protection of others; and without such an equivalent the surrender is void.

ART. 4. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the rights of conscience.

ART. 5. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience and reason; and no subject shall be hurt, molested, or restrained in his person, liberty, or estate, for worshiping God in the manner and season most agreeable to the dictates of his own conscience, or of his religious profession, sentiments, or pursuasion; Provided, He doth not disturb the public peace, or disturb others in their religious worship.

ART. 6. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the

* New Hampshire was embraced under the charters of Massachusetts until September 18, 1679. when its first charter was granted as a separate government. A Constitution was formed January 5, 1776; which was altered in 1789, and again amended February 13, 1792, and September 16, 1852.

strongest obligations to due subjection; and as a knowledge of these is most likely to be propagated through a society by the institution of the public worship of the Deity, and of public instruction in morality and religion; therefore, to promote those important purposes, the people of this State have a right to empower, and do hereby fully empower, the Legislature to authorize, from time to time, the several towns, parishes, bodies corporate, or religious societies within this State, to make adequate provisions, at their own expense, for the support and maintenance of public Protestant teachers of piety, religion, and morality.

Provided notwithstanding, That the several towns, parishes, bodies corporate, or religious societies, shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. And no person, or any one particular religious sect or denomination shall ever be compelled to pay toward the support of the teacher or teachers of another persuasion, sect or denomination.

And every denomination of Christians demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law.

And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain and be in the same state as if this Constitution had not been made.

ART. 7. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign and independent State, and do, and forever hereafter shall exercise and enjoy every power, jurisdiction and right pertaining thereto, which is not or may not hereafter be by them expressly delegated to the United States of America, in Congress assembled.

ART. 8. All power residing originally in and being derived from the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them.

ART. 9. No office or place whatsoever in government shall be hereditary-the abilities and integrity requisite in all not being transmissible to posterity or relations.

ART. 10. Government being instituted for the common benefit, protection and security of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people of right ought and may to reform the old, or establish a new government. The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.

ART. 11. All elections ought to be free, and every inhabitant of the State, having the proper qualifications, has equal right to elect and be elected into office.

ART. 12. Every member of the community has a right to be protected by it in the enjoyment of his life, liberty, and property. He is therefore bound to contribute his share in the expense of such protection, and to yield his personal service, when necessary, or an equivalent. But no part of a man's property shall be taken from him or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the inhabitants of this State controllable by any other laws than those to which they, or their representative body, have given their consent.

ART. 13. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent.

ART. 14. Every subject of this State is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character, to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without any delay; conformably to the laws.

ART. 15. No subject shall be held to answer for any crime or offense until the same is fully and plainly, substantially and formally described to him; or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense by himself and counsel. And no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.

ART. 16. No subject shall be liable to be tried, after an acquittal, for the same crime or offense. Nor shall the Legislature make any law that shall subject any person to a capital punishment (except for the government of the army and navy, and militia in actual service) without trial by jury.