Anna Petersen
Professor Villa
CH 203
November 6, 2014
Nevada, the “Battle Born” state, became a member of the Union in the midst of the
Civil War. Its unique timing of becoming a state, along with an unsuccessful first draft, helped form the Nevada Constitution. Bills and amendments continue to shape Nevada into the state it is today.
In the 1840's, President James Polk sought war with Mexico in order to gain the territory all the way to the Pacific (Norton 363). Following the capture of the Mexican capital, the Treaty of Hidalgo, signed in February 1848, allowed The United States to gain the land representing present day Nevada (Norton 366). As the territory became more populated, the people of Nevada began the quest for statehood. A group of delegates met November 2,
1863 to draft Nevada's initial constitution. However, this first attempt failed to be voted in by the territory. "There were a variety of reasons why it was rejected, including the idea that the taxation of mines, as established in the newly written constitution, was deemed too unfavorable for the mine owners" (Edwards, “Nevada Statehood”). The new constitution, drafted in July of 1864, included under Article 10, Section 5, a provision that only the net profits of the mines could be taxed. This helped the constitution gain support by eliminating one of the original opposition points. On September 7, 1864, Nevada voters approved the
Constitution. On October 31, 1864, President Lincoln approved Nevada as a state without further action by congress, as allowed by the Enabling Act. Additional instructions of the act
required that the Nevada constitution prohibited slavery (“Nevada Territory: Second
Constitutional Convention, 1864”). This Petersen 2 requirement was written in the Ordinance in the beginning of the Constitution, as well as in
Article 1, Section 17.
The Nevada Constitution now contains 19 articles. In these articles are elements defining marriage,