Compendium of history, reminiscence, and biography of Nebraska : containing a history of the state of Nebraska also a compendium of reminiscence and biography containing biographical sketches of hundreds of prominent old settlers and representative citizens of Nebraska, Part 10

Author: Alden Publishing Company
Publication date: 1912
Publisher: Chicago : Alden Publishing Co.
Number of Pages: 1402

USA > Nebraska > Compendium of history, reminiscence, and biography of Nebraska : containing a history of the state of Nebraska also a compendium of reminiscence and biography containing biographical sketches of hundreds of prominent old settlers and representative citizens of Nebraska > Part 10

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Sec. 5. And be it further enacted, That every free white male inhabitant above the age of twenty-one years, who shall be an actual resident of said territory, and shall possess the qualifica- tions hereinafter described, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory; but the quali- fications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly : Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the constiution of the United States and the provisions of this act. And provided further, That no officer, soldier, seaman or marine, or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said territory, by reason of being on service therein.

Sec. 6. And be it further enacted, That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other pro- perty of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of representatives of the said territory shall, be- fore it becomes a law, be presented to the governor

of the territory; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large on its journal, and proceed to reconsider it. If, after such reconsi- deration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two- thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law.

Sec. 7. And be it further enacted, That all township, district and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory of Nebraska. The gov- ernor shall nominte, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may ap- point all said officers, who shall hold their offices until the end of the first session of the legislative assembly ; and shall lay off the necessary districts for members of the council and house of represen- tatives and all other officers.

Sec. 8. And be it further enacted, That no member of the legislative assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term from which he was elected, and for one year after the expiration of such term; but this restriction shall not be ap- plicable to members of the first legislative assem- bly ; and no person holding a commission or ap- pointment under the United States, except post- masters, shall be a member of the legislative as- sembly, or hold any office under the government of said territory.

Sec. 9. And be it further enacted, That the judicial power of said territory shall be invested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually, and they shall hold their offices during the period of four years, and until their successors shall be appoint- ed and qualified. The said territory shall be di- vided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as shall be prescribed by law ;

WESTERN FALLE OF SNAKE RIVER, SOUTH OF CODE. NEBRASKI

FILLS OF SNAKE RIVER SOUTH OF BURGE, NEBRASKA

FREDERICK'S PEAK NEAR VALENTINE, NEBRASKA

FORD ON KEYA PAILA CREEK NEAR MILLS, NEBRASICA

CLIFFS ON PLEM CREEK NORTIL OF AINSWORTH,NEBRASKA

CLIPES OX XIOBRARA RIVER.NORTH OF SPARKS, NEBRASKA

CROW BUTTES, CRAWFORD, NEBRASKA

NORTH PLATTE RIVER NEAR PAXTON, NEBRASKA

COMPENDIUM OF HISTORY, REMINISCENCE AND BIOGRAPHY.

and the said judges shall, after their appoint- ments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and justices of the peace, shall be as limited by law : Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed $100; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception and appeals shall be allowed in all cases from the final decisions of said district courts to the su- preme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or justices there- of, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the supreme court of the, United States, in the same manner and under the same regula- tions as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascrtained by the oath or affirmation of either party, or other com- petent witness, shall exceed $1,000; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and de- cided by the supreme court, without regard to the value of the matter, property or title in contro- versy; and except also that a writ of error or appeal shall also be allowed to the supreme court of the United States, from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom. Provided, That nothing herein con- tained shall be construed to apply to or affect the provisions of the "act respecting fugitives from justice, and persons escaping from the ser- vice of their masters," approved February 12, 1793, and the "act to amend and suplementary to the aforesaid act," approved September 18, 1850; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constiution and laws of the United States as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases on which the same are granted by the judges of the United States in the District of Columbia; and the first 3

six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriat- ed to the trial of causes arising under the said constitution and laws, and writs of error and ap- peal in all such cases shall be made to the su- preme court of said territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district curts of Utah territory now receive for similar services.

Sec. 10. And be it further enacted, That the provisions of an act entitled "an act respecting fugitives from justice, and persons escaping from the service of their masters," approved Febru- ary 12, 1793, and the provisions of the act en- titled "an act to amend, and supplementary to, the aforesaid act," approved September 18, 1850, be, and the same are hereby declared to extend to and be in full force within the limits of said territory of Nebraska.

Sec. 11. And be it further enacted, That there shall be appointed an attorney for said territory, who shall continue in office for four years, and un- til his successor shall be appointed and qualified, unless sooner removed by the president, and who shall receive the same fees and salary as the attor- ney for the United States for the present territory of Utah. There shall also be a marshal for the ter- ritory appointed, who shall hold his office for four years, and until his successor shall be ap- pointed and qualified, unless sooner removed by the president, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the present territory of Utah; and shall, in addition, be paid $200 anuually as a compensation for extra service.

Sec. 12. And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney and marshal shall be nominated, and, by and with the advice and consent of the senate, appointed by the president of the United States. The governor and secretary to be ap- pointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the district judge, or some justice of the peace in the limits of said territory duly authoriz- ed to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the con- stitution of the United States and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certi- fied by the person by whom the same shall have been taken; and such certificates shall be re- ceived and recorded by the said secretary, among the executive proceedings; and the chief justice and associate justices, and all other civil officers

COMPENDIUM OF HISTORY, REMINISCENCE AND BIOGRAPHY.

in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterward the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of $2,500. The chief justice and associate justices shall each recieve an annual salary of $2,000. The secretary shall receive an aunual salary of $2,000. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payments shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the legislative assembly shall be en- titled to $3 each, per day, during their atten- dance at the sessions thereof, and $3 each for every twenty miles' travel in going to and re- turning from the said sessions, estimated accord- ing to the nearest usually traveled route, and an additional alowance of $3 shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, and assis- tant clerk, a sergeant-at-arms and doorkeeper, may be chosen for each house; and the chief clerk shall recieve $4 per day, and the said other officers $3 per day, during the session of the leg- islative assembly; but no other officer shall be paid by the United States: Provided, That there shall be but one session of the legislature an- nually, unless on an extraordinary occasion the governor shall think proper to call the legisla- ture together. There shall be appropriated, an- nually, the usual sum, to be expended by the gov- ernor, to defray the contingent expenses of the territory, including the salary of a clerk of the executive department ; and there shall also be ap- propriated annually a sufficient sum, to be ex- pended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the ex- penses of the legislative assembly, the printing of laws, and other incidental expenses; and the gov- ernor and serectary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to

the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expen- ditures shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects.

Sec. 13. And be it further enacted, That the legislative assembly of the territory of Nebraska shall hold its first session at such time and place

in said territory as the governor thereof shall appoint and direct; and at the said first session, or as soon thereafter as they shall deem expedi- ent, the governor and legislative assembly shall proceed to locate and establish the seat of govern- ment for said territory at such place as they may deem eligible; which place, however, shall there- after he subject to be changed by the said gover- nor and legislative assembly.

Sec. 14. And be it further enacted, That a delegate to the house of representatives, of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect mem- bers of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of con- gress to which he shall be elected. The first elec- tion shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elee . tions the times, places and manner of holding the elections shall be prescribed by law. The person having the geatest number of votes shall be de- clared by the governr to be duly elected, and a certificate therof shall be given accordingly. That the constiution and laws of the United States which are not locally inapplicable shall have the same force and effect within the said ter- ritory of Nebraska as elsewhere within the United States, except the eighth section of the act pre- paratory to the admission of Missouri into the Union, approved March 6, 1820, which being in- consistent with the principles of nonintervention by congress with slavery in the states and terri- tories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void, it being the true intent and meaning of this act not to legislate slavery into any territory or state nor to exclude it therefrom, but leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March, 1820, either protecting, estab- lishing, prohibiting or abolishing slavery.

Sec. 15. And be it further enacted, That there shall hereafter be appropriated, as has been cus- tomary for the territorial governments, a suffi- cient amount, to be expended under the direc- tion of the said governor of the territory of Ne- braska, not exceeding the sums heretofore ap- propriated for similar objects, for the erection of suitable public buildings at the seat of govern- ment, and for the purchase of a library, to be kept at the seat of government, for the use of the governor, legislative assembly, judges of the

COMPENDIUM OF HISTORY, REMINISCENCE AND BIOGRAPHY.

supreme court, secretary, marshal, attorney of said territory, and such other persons, and under such regulations, as shall be prescribed by law.

Sec. 16. And be it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections number 16 to 36 in each township in said territory shall be and the same are hereby reserved for the purpose of being ap- plied to schools in said territory, and in the states and territories hereafter to be erected out of the same.

Sec. 17. And be it further enacted, That, until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be ap- pointed for said territory to the several districts ; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation, to be issued by him; but the legislative assembly, at their first or any subsequent session, may or- ganize, alter or modify such judicial districts ; and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

Sec. 18. And be it further enacted, That all officers to be appointed by the president, by and with the advice and consent of the senate, for the territory of Nebraska, who, by virtue of the pro- visions of any law now existing, or which may be enacted during the present congress, are re- quired to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place and in such manner as the secretary of the territory may prescribe.

Approved May 30, 1854.

The first territorial officers were appointed under the provisions of the organic act, by Presi- dent Pierce, as follows: Francis Burt, of South Carolina, governor; Thomas B. Cuming, of Iowa, secretary ; Tenner Ferguson, of Michigan, chief justice; James Bradley, of Indiana, and Edwin R. Hardin, of Georgia, associate justices; Mark W. Izard, of Arkansas, marshal and Experience Estabrook, of Wisconsin, attorney. Governor Burt reached the territory, in ill health, on the 6th of October, 1854, and proceeded to Bellevue, where he was the guest of Rev. Wm. J. Hamilton at the Old Mission house. His illness proved of a fatal character, and he sank rapidly until his death, which occurred October 18, 1954.

With the death of Governor Burt the duties of organizing the territorial government de- volved upon Secretary Cuming, who, by virtue of his office, became acting governor. The first official act performed in the territory by an ex- ecutive officer was the issuance by Governor Cuming of the following proclamation :

"It has seemed good to an all-wise Providence to remove from the territory by the hand of

death its chief magistrate, Governor Francis Burt. He departed this life this morning at the Mission House in Bellevue, after an illness protracted since his arrival, during which he received the most faithful medical aid and assiduous attention. His remains will be conveyed, on Friday next, to his home in Pendleton, South Carolina, attended by a suitable escort. In this afflictive dispensa- tion, as a mark of respect and affection for the lamented and distinguished executive and a sign of the public sorrow, the national colors within the territory will be draped in mourning, and the territorial officers will wear crape upon the left arm for thirty days from date.

"Given under my hand at Bellevue, Nebraska Territory, this 18th day of October, A. D., 1854. (Signed) T. B. Cuming, Acting Governor of Ne- braska."

The official headquarters remained at Belle- vue until the assembling of the first territorial legislature in January, 1855, when Omaha be- came the seat of government. The machinery of the territorial government was set in motion in 1854. In October the acting governor issued a proclamation, by virtue of which the first cen- sus was taken. It was completed November 20, 1854, and gave the territory a total population of 2,732. Of this number 13 were reported as being slaves. There were 929 white males over twenty-one years of age reported. Immediately after the census was completed, an election was held, at which a delegate to congress and mem- bers of the first territorial legislature were chosen.

The territory was divided into eight counties, viz: Burt, Washington, Dodge, Douglas, Cass, Pierce, Forney and Richardson.

Burt county was bounded as follows: Com- mencing at a point on the Missouri river two miles above Fort Calhoun, thence westwardly, crossing the Elkhorn river one hundred and twenty miles to the west boundary of lands ceded to the United States, thence northerly to Mauvaise river and along the east bank of the same to Eau Qui Court or Running Water, thence easterly to the Aaoway river and along the south bank of it to its mouth, and thence southerly along the Mis- souri river to the place of beginning. This coun- ty was sub-divided into two voting precincts- one called the Tekamah precinct, at the house of General John B. Robinson, who with W. N. Byers and B. R. Folsom formed the board of election, W. W. Maynard and N. C. Purple clerks, and the second precinct called Black Bird, located at the Black Bird house, with Frederick Buck, Dr. Shel- ley and John A. Lafferty, judges, and Lorenzo Driggs and William Sherman, clerks.

Washington county was bounded as follows: Commencing at a point on the Missouri river one mile north of Omaha City, thence due west to the dividing ridge between the Elkhorn and Missouri rivers, thence northwesterly twenty miles to the Elkhorn river, thence easterly to a point on the

COMPENDIUM OF HISTORY, REMINISCENCE AND BIOGRAPHY.

Missouri river, two miles above Fort Calhoun, and thence southerly along said river to the place of beginning. There was one precinct of voting in this county. It was at the postoffice at Florence, or "Winter Quarters." Anselam Arnold, Charles How and William Bryant were appointed judges of election, and Henry Springer and William More; clerks.

Dodge county was bounded as follows: Com- mencing at a point on the Platte river twenty miles west of Bellevue, thence westerly along Platte river to the mouth of Shell creek, thence north twenty-five miles, thence east to the divid- ing ridge between the Elkhorn and Missouri riv- ers, thence southerly to the place of begin- ning. The voting place was at the house of Dr. M. H. Clark in Fontenelle precinct. The judges of election were William Kline, Christopher S. Leiber and William S. Estley; the clerks, William Taylor and E. G. McNeely.

Douglas county was bounded as follows: Com- mencing at the mouth of the Platte river, thence north along the west bank of the Missouri river to a point one mile north of Omaha City, thence west along the south boundary of Washington county twenty miles, thence south to the Platte river, and thence east to the place of beginning. Two precincts or places of voting were established -one at the brick building at Omaha City and the other at the Mission house at Bellevue. David Lindley, T. G. Goodwill and Chas. B. Smith were appointed judges of election, and M. C. Gaylord and Dr. Pattee clerks, in the Omaha precinct. Isaiah Bennett, D. E. Reed and Thomas Morton were appointel judges of election, and G. Hol- lister and Silas A. Strickland clerks, in the Belle- vue precinct.

Cass county was bounded on the north by the Platte, east by the Missouri, south by the Weep- ing Water river to its headwaters, thence wester- ly to the west boundary of lands ceded to the United States, and thence by said boundary northward to the Platte. Two precincts were named-one at the house of Colonel Thompson, the Kenosha precinct, with J. S. Griffith, Thomas B. Ashley and L. Young judges, Benjamin B. Thompson and William H. Davis clerks; the other at the house of Samuel Martin, with James O'Neil Thomas P. Palmer and Stephen Willes judges, and T. S. Gaskill and Levi G. Todd clerks.

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Compendium of history, reminiscence, and biography of Nebraska : containing a history of the state of Nebraska also a compendium of reminiscence and biography containing biographical sketches of hundreds of prominent old settlers and representative citizens of Nebraska, Part 10

Author: Alden Publishing Company Publication date: 1912 Publisher: Chicago : Alden Publishing Co. Number of Pages: 1402

Author: Alden Publishing Company
Publication date: 1912
Publisher: Chicago : Alden Publishing Co.
Number of Pages: 1402