Nevada's 1863 Constitution: Why Was It Rejected?

The Nevada Constitution, as ratified in 1864, was preceded by a draft constitution that was rejected by voters on January 19, 1864. This initial document was produced by the First Constitutional Convention in 1863, which was not authorized by the U.S. Congress and lacked the support of Nevada voters. The 1863 convention, which lasted 32 days, was held to establish a constitution for the 'State of Washoe,' a name that was ultimately rejected in favor of Nevada. The 1863 constitution was defeated due to concerns over taxation policies, particularly regarding mining activities, and served as the basis for the 1864 constitution, which was successfully approved by voters.

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Taxation policies

The Nevada Constitution is the highest law within the U.S. state of Nevada and defines the structure, power, and limits of the state government, as well as the basic rights and responsibilities of Nevada citizens. The first push to make Nevada Territory a state originated from within the territory, without prior authorization from Congress. On September 2, 1863, voters approved of the concept of statehood by a margin of 6,660 votes to 1,502.

The first Nevada Constitutional Convention in 1863 produced a document that was rejected by voters of Nevada Territory and was not authorized by the U.S. Congress. The draft was rejected on January 19, 1864, due to its taxation policies, particularly regarding mining activities. The 1863 Constitution provided for the taxation of all mines and mining claims, whether producing or not, which was deemed too unfavourable for mine owners. This was in contrast to the second constitution, which was approved in 1864 and specified that only the proceeds of mines and claims could be taxed.

The 1863 Constitution also included a provision for the election of state officials, supplying a list of candidates for state offices. This was omitted from the 1864 document. The 1864 Constitution also included a "'paramount allegiance' clause", proclaiming the supremacy of the United States government over the states and that no state had the right to secede. This was reflective of the influences of the Civil War and Republican party doctrine.

The Nevada Constitution has been amended numerous times since its ratification. For example, in 1910, an amendment was approved and ratified by the people, which read: "The Legislature shall provide by law for the payment of an annual poll tax of not less than two, nor exceeding four dollars from each male resident in the State between the ages of twenty-one and sixty years (uncivilized American Indians excepted) to be expended for the maintenance and betterment of public roads." This amendment was repealed in 1966.

More recently, in 2008, an amendment was approved by voters, limiting the power of the state to use eminent domain. In 2020, Section 21 of Article 1 of the Nevada Constitution was amended to recognize same-sex marriages and require the state to issue marriage licenses to couples regardless of gender.

Lack of Congress approval

The Nevada Constitution, drafted in 1863, was rejected by voters on January 19, 1864, due to its taxation policies, particularly regarding mining activities. However, the lack of approval from Congress was also a significant factor in its rejection.

The first push for Nevada statehood originated within the territory, without prior authorisation from Congress. The Nevada Territorial Legislature authorised the First State Constitutional Convention, which did not have the sanction of Congress. This convention, which began on November 2, 1863, and lasted 32 days, resulted in a constitution that was not ratified by the voters and lacked congressional approval.

The statehood bill for Nevada was introduced in Congress in 1863 and passed by the Senate, but it failed to obtain the necessary majority in the House of Representatives. An enabling act for Nevada statehood was later signed by President Lincoln in March 1864, setting up the procedure for future admission. This act emphasised that Nevada would achieve statehood upon writing an acceptable constitution, which would include specific provisions such as a republican form of government, the prohibition of slavery, and the retention of public lands by the federal government.

The lack of Congress approval for the 1863 Nevada Constitution was a significant factor in its rejection. The statehood process required the consent of Congress, and the absence of their support hindered the progress towards statehood. The enabling act of 1864 provided a framework for Nevada to become a state, but the final decision rested with the President and the territory's ability to implement the required ideas. The haste to ensure Nevada's statehood before the next meeting of Congress added complexity to the situation.

In summary, the lack of Congress approval for the 1863 Nevada Constitution was a critical factor in its rejection. The statehood process was intricate, and the enabling act of 1864 set specific conditions for Nevada's admission as a state, including the need for an acceptable constitution. The dynamics between territorial aspirations, congressional dynamics, and presidential involvement influenced the path towards Nevada's eventual statehood and the creation of its constitution.

Voting margin

The Nevada Constitution of 1863 was rejected by voters on January 19, 1864, with a significant margin of 8,851 to 2,157 votes. This decision came as a surprise to many, as the previous vote held on September 2, 1863, had overwhelmingly approved the concept of statehood, with 6,660 votes in favour and only 1,502 against.

The 1863 constitution was drafted during the First Constitutional Convention, which began on November 2, 1863, and lasted 32 days. Thirty-nine delegates participated in the convention, and they based their work on the California state constitution. The resulting document was put to a vote and rejected due to concerns about its taxation policies, particularly regarding mining activities. The taxation of mines was seen as unfavourable to mine owners, and this issue played a key role in the constitution's rejection.

The defeat of the 1863 constitution did not deter the efforts towards statehood for Nevada. A second convention was held from July 4 to July 27, 1864, using the defeated 1863 constitution as a foundation. This time, the constitution was approved by Nevada voters on September 7, 1864, with a substantial majority of 10,375 votes in favour and only 1,184 against. The statehood bill for Nevada was introduced in Congress in 1863 but was not successful due to the expiration of the 37th Congress. However, the push for statehood continued, and an enabling act for Nevada statehood was passed and signed by President Lincoln on March 21, 1864, setting the stage for Nevada's eventual admission as a state.

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Statehood bill

The Nevada Constitution, written in 1864, is the highest law within the U.S. state of Nevada. It defines the structure, power, and limits of the state government and enumerates the basic rights and responsibilities of Nevada citizens. The first push to make Nevada Territory a state originated from within the territory, without prior authorization from Congress. On September 2, 1863, the voters of the territory approved of the concept of statehood by a margin of 6,660 votes to 1,502.

To implement this, on November 2, 1863, thirty-nine delegates met to draft a state constitution. The delegates used the California state constitution as a first draft in formulating their own document. On December 11, 1863, the newly written constitution was submitted to the voters, who, on January 19, 1864, rejected it by a vote of 8,851 to 2,157. There were several reasons for its rejection, including the taxation of mines, which was deemed unfavourable for mine owners.

A statehood bill for Nevada was introduced in Congress in 1863 and passed by the Senate on March 3 by a vote of 24-16. However, the 37th Congress expired at midnight on the same day, and the statehood bill was lost in the House of Representatives. The bill's failure was due to a motion that did not obtain the necessary two-thirds majority. Despite this setback, the idea of statehood for Nevada persisted, and a new attempt emerged at the national level.

In February 1864, Senator James Rood Doolittle of Wisconsin introduced another Nevada statehood bill in the U.S. Senate, which was signed into law by President Abraham Lincoln on March 21, 1864. This bill, known as the Enabling Act, specified that Nevada would achieve statehood once it had written an acceptable constitution, which would include certain provisions. The new constitution was approved by Nevada voters on September 7, 1864, with 10,375 votes in support and 1,184 against.

Naming convention

The Nevada Constitution, as ratified in 1864, is the highest law within the U.S. state of Nevada. It defines the structure, power, and limits of the state government and enumerates the basic rights and responsibilities of Nevada citizens. The first push to make Nevada Territory a state originated from within the territory, without prior authorization from Congress. On September 2, 1863, voters in the territory approved of the concept of statehood by a significant margin of 6,660 votes to 1,502.

The first State Constitutional Convention was authorized by the Nevada Territorial Legislature but did not have the sanction of Congress. The convention, which began on November 2, 1863, and lasted 32 days, was presided over by John W. Marsh, who was assisted by his newspaper colleague, Samuel Clemens (Mark Twain). The delegates used the California state constitution as a first draft in formulating their own document. On December 11, 1863, the newly written constitution was submitted to the voters, who, on January 19, 1864, rejected it by a vote of 8,851 to 2,157.

There were several reasons for the rejection of the 1863 constitution. One key reason was the taxation policies, particularly regarding mining activities. The constitution proposed taxing mines, which was deemed unfavorable to mine owners. Additionally, the document produced by the First Constitutional Convention was not ratified by the voters of Nevada Territory and did not have the authorization of the U.S. Congress.

Following the rejection of the 1863 constitution, a second convention to write a state constitution met from July 4 to July 28, 1864. The defeated 1863 constitution served as the basis for the new document. This time, the constitution addressed the concerns of mine owners by including a provision stating that only the net proceeds of mines could be taxed. The 1864 constitution also included other significant provisions, such as the outlawing of slavery and the retention of undistributed public lands by the federal government, which could not be taxed by the state.

The 1864 constitution was approved by Nevada voters on September 7, 1864, with 10,375 votes in support and 1,184 against. It was then delivered to Congress over two days by telegraph, costing USD $4,303.27 in 1864, making it the most expensive telegraph at the time. The constitution was sent on October 26–27, 1864, just two weeks before the presidential election on November 7, 1864. The transmission consisted of 16,543 words. Nevada's entry into full statehood was expedited, with Union sympathizers eager to gain statehood for the state before the upcoming election.

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