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 21
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Another important method of securing title to public lands was by means of the "timber culture entry," or "tree-claim act," and this act left its impress throughout all the prairie regions of the west. Only one timber culture entry was per- mitted on each section, and this class of entries could only be taken upon "prairie land," or land naturally devoid of timber. No residence on the land was required. The law required that for a timber culture entry of one hundred and sixty acres, five acres be broken within the first year ; that it be cultivated the second year, and planted to forest trees four feet apart each way within the third year, and that a second five acres be broken the second year, cultivated the third
year, and planted as in the first
instance the fourth year, and that if the ten acres be kept in a growing condition, a patent was issued for the tract at the expiration of eight years, provided that not less than six hundred and seventy-five trees be found in a growing con- dition at the expiration of that time. The law also provided that in case the trees, seeds or cut- tings should be destroyed by grasshoppers, or by extreme and unusual draught, for any year or term of years, the time for planting such trees, seed or cuttings should be extended one year for every such year that they were so destroyed.
EDUCATIONAL.
In educational matters Nebraska has kept pace with any of the other states in the union. Profit- ing by the experience of the older states, Nebras- ka at its organization incorporated into her com- mon school system all that had been proven by experiment to be the best and most advantageous methods. To show the growth and development along educational lines, we will state that in the year 1870 there were in the state only seven hun- dred and ninety-seven districts, employing five hundred and thirty-six teachers, and serving thir- ty-two thousand seven hundred and eighty-nine children. The value of school property at that time was approximately $178,604. For the pur- pose of comparison we give the following statis- tics for the school year -twenty-six years later- in 1906, viz: In 1906 there were in the ninety counties a total of 6,671 districts, employing 9,639 teachers, occupying 6,780 school houses, and serving 373,829 children of school age. The total value of school district property at this time was $12,076,569. The number of graded schools in the state in 1906 was 492, giving employment to 3,570 teachers. These figures speak well for the intelligence of the people of any state.
There are a great many institutions of higher learning scattered throughout the state. The State University, located at Lincoln, was estab- lished by act of the legislature in 1869, and opened in 1871. It is mentioned at length else-
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where in this volume. The following is a list of the most important colleges, academies, business and normal schools in the state, giving the loca- tion of each, viz: Aurora Normal and Business College at Aurora, Bellevue College at Bellevue, Brownell Hall at Omaha, Brown's Business Col- lege at Lincoln, Central College at Central City, Chadron Academy at Chadron, Convent of the Holy Child Jesus at Lincoln, Cotner University at Bethany, Creighton University at Omaha, Cus- ter College at Broken Bow, Dana College at Blair, Doane College at Crete, Franciscan Monastery at Humphrey, Franklin Academy at Franklin, Fre- montCollege and School of Pharmacy at Fremont, Gates Academy at Neligh, Grand Island Business and Normal College at Grand Island, Grand Island College at Grand Island, Hastings Business Col- lege at Hastings, Hastings College at Hastings, Kearney Military Academy at Kearney, Lincoln Business College at Lincoln, Lincoln Syllabic Col- lege at Lincoln, Luther Academy at Wahoo, Lutheran Seminary at Seward, Nebraska Normal College at Wayne, Nebraska Wesleyan University at University Place, Northwestern Business Col- lege at Beatrice, Omaha Commercial College at Omaha, Orleans Seminary at Orleans, Pawnee City Academy at Pawnee City, St. Catherine Academy at Jackson, St. Francis Academy at Co- lumbus, St. Mary's Academy at O'Neill, St. Paul Normal and Business College at St. Paul, St. Theresa Parochial High School at Lincoln, Union College at College View, Ursuline Convent at Falls City, Weeping Water Academy at Weeping Water, York Business College and Normal School at York, York College at York.
POPULATION OF NEBRASKA.
The first census of the territory now comprising Nebraska was taken in the fall of 1854, being completed on the 20th of November of that year. It gave the territory a total of 2,732 white popu- lation. The first United States census was taken in 1860, and this may be said to have been the first enumeration taken with any reasonable de- gree of accuracy. This gave the territory a pop- ulation of 28,841. Taking the United States cen- sus, taken every ten years, as a basis, the follow- ing table shows the growth of the population of Nebraska :
In 1860 its population was ... 28,841
In 1870 its population was. 122,993
In 1880 its population was. 452,402
In 1890 its population was. 1,058,910
In 1900 its population was . 1,068,539
In 1910 its population was. . 1,192,214
DID SLAVERY EXIST IN NEBRASKA?
To the average reader of today it will be inter- esting to know that at one time in the history of Nebraska the existence of slavery within its bor- ders furnished the most important topic for dis- cussion and legislation at several sessions of the
territorial legislature. On November 1, 1858, a bill was introduced in the territorial legislature "to abolish slavery in the Territory of Nebras- ka." The bill was referred to a committee of five, three of whom recommended the passage of the bill, but two of the committee presented a minor- ity report in which they "regretted the introduc- tion of the bill, fearing it was done at the prompt- ings of political ambition, and that the discussion of an abstract question having no bearing on the practical affairs of the territory could but sow the seeds of dissension." The bill was laid on the table and the matter went over to the next session. On December 7, 1859, a bill was introduced "to abolish and prohibit slavery or involuntary ser- vitude," by William H. Taylor, and was referred to a committee consisting of William H. Taylor, George W. Doane and George L. Miller. The report of Mr. Taylor, of this committee, contains so many interesting facts bearing on the subject that we quote from it the following:
"The ostensible objections urged against the passage of the bill are two-fold in their character. First, it is said by the opponents of free states and free territories that "slavery does not practically exist in Nebraska territory." In reply I affirm the converse of the proposition to be true, and will give the facts to show that slavery does prac- tically exist in Nebraska. There has never been to my knowledge a federal officer appointed to any office in this territory from any slave state of this union who has not brought with him into the territory a negro or negroes who have been and are now held in slavery. E. A. Deslonde, receiver of public moneys at Nebraska City, has one or two slaves. Now if slavery does not exist here, then the slave is free the instant he sets foot on Ne- braska soil, provided he came with his master for the purpose of residing in Nebraska. I know of my own knowledge that Hon. S. F. Nuckolls, a democratic member of the territorial legislature, had three colored persons whom he claimed as slaves up to a very late period. Two of these per- sons escaped from Mr. Nuckolls in the winter of 1858-59, and the other, a colored man of twenty- five years of age, was sold by him, if I am correct- ly informed, and carried to some of the southern slave-holding states as a slave in the spring of 1859. This man has been a resident of Nebraska for about three years. Mr. A. Majors, one of the government contractors, has a number of colored persons in Nebraska City whom he claims as slaves now in the territory of Nebraska. Judge C. F. Holly has two colored persons whom he claims as slaves. How many more there are in the territory at the present time I am not advised, but the fact is indisputable. African slavery does practically exist in Nebraska. Our eyes cannot deceive us, and if slavery is wrong-morally, socially or politically-it is wrong to hold one slave. There is no distinction in principle be- tween holding one human being in bondage and ten thousand.
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"Again as evidence that slavery does exist and is considered to be a legal institution here, I have only to cite the fact that Hon. S. F. Nuckolls, be- fore alluded to, has instituted suit in the second judicial court of this territory against certain parties residing in the state of Iowa for the value of two colored persons, his slaves, whom he alleges were abducted from him in the spring of 1858-59, which is now pending in said court and undecided.
"Second. It is said by those who oppose the passage of this bill that the 'let-alone policy is the most commendable? Why curse our virgin soil in favor of freedom, a free territory and a free state, why recommend the 'let-alone policy' as most commendable? Why curse our virgin soil with the foot-print of African slavery ? * * I would ask of the opposers of this bill, when is the proper time to pass an act like the one under consideration ? Shall we wait until slavery has acquired a permanency ? *
* * It is said that 'naught but mischief can arise from the ill-timed
and injudicious agitation of the question.' * If a constitutional convention was now in session, it would be said by those who oppose the bill,
'Don't agitate the question.' * Gentle- men of the council, if you are honestly in favor of Nebraska being a free territory and ultimately a free state, how can the passage of this bill gen- erate an injurious agitation ? Men holding a com- mon sentiment and desiring a common object do not get up an ill-timed and injudicious agitation. Nothing short of a sincere opposition to free white labor and a free territory can produce agitation or excitement. Remember it is the clashing of public sentiment upon the same subject matter, and not its argument, that produces the results contemplated by you. Vote for this bill that makes Nebraska free and prevents persons being held in slavery, and there will be no agitation. We will have then done all in our power and our whole duty to rid ourselves of the cursed institu- tion of slavery. But, it is objected, the bill pre- supposes the existence of slavery by virtue of the constitution of the United States. It pre-supposes no such thing, but simply admits the fact that persons are today held in slavery by usage or cus- tom or somehow, and that it ought not to be per- mitted. However, we all do know that this ad- ministration and a majority of the American sen- ate and ninety-three democrats in congress of the United States contend that slavery exists in all the territories of the United States by virtue of the constitution as much and as certainly as in Georg- ia or South Carolina.
"Attorney General Black has recently written several pamphlets to demonstrate this proposition. It cannot be denied, it is contended by a large party in this country, that the people of the terri- tories in their territorial capacity have no power to legislate upon the subject of slavery until they become sufficiently numerous to form a state con- stitution and ask admission into the union, and this same party maintains that congress has pow-
er to legislate upon the subject, thus leaving the people of the territories to be cursed with slavery without the ability on their part or on behalf of congress to get rid of it so long as the territorial existence continues, while on the other hand it is contended that the people of the territories in their territorial capacity have the right and pow- er to prohibit and abolish slavery. This position is contended for and sustained by arguments of great force. How the friends of Senator Douglas can oppose this bill if they are really in favor of making Nebraska a free state is astounding to me. We can account for the opposition of the ad- ministration democracy. The territory of Kansas has prohibited slavery after an unprecedented struggle against the policy of the two last admin- istrations, and why should not Nebraska act? Believing that the power exists in the territorial legislature under and by virtue of the organic act, and every community has the inherent right to regulate its own affairs and institutions free from foreign or federal intervention, and that Nebraska should be a free territory and forever dedicated to free white labor, and knowing that slavery does practically exist here, I earnestly recommend the passage of the bill.
"All of which is respectfully submitted to the consideration of the council.
"William H. Taylor, Chairman."
This report was, under the rules, laid over for future action, whereupon Hon. George L. Miller submitted the following minority report :
"The first question suggested by the examina- tion of this measure refers to the necessity, if any, which exists for the enactment of such a law in this territory. It is understood that our power to pass such a law and to impart to it validity is ex- tensively desired, and as there is known to be in the territory as well as throughout the union great diversity of opinion both as to the power of the territorial legislature over the question of slavery and the expediency of attempting its ex- ercise, your committee deem it extremely inju- dicious for the legislature to lend itself to the agitation of a subject which to the people of Ne- braska is conceded to be really of no practical importance. As to the necessity which exists at present or is likely to· exist in the future for such a law in this territory there can be no two intelli- gent opinions. No sane person for a moment sup- poses that Nebraska is in the slightest possible danger of being either a slave territory or a slave state. Popular sentiment in Nebraska is univer- sally against the institution of slavery, and even if it were not and the public voice were to pro- nounce today in favor of its establishment here, the controlling laws of nature peculiar to this latitude would utterly preclude the possibility of its obtaining a permanent place among us. Sup- pose it true, which it is not, that the territory does furnish a profitable field for slave labor, who is there so infatuated as to believe for an instant that this territory, peopled almost entirely by men
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whose associations from infancy and whose edu- cation in the midst of free institutions have con- ducted them into manhood not only with all their prejudices but with all the convictions of their judgment against the institution-who so foolish as to say that legislation is required or ought to be granted upon this subject? Your committee have felt it to be their duty to inquire into the cause which induced the introduction of the bill under consideration. Having made diligent search with the view to ascertaining whether any slaves exist in Nebraska, to their utter surprise, after four days' anxious inquiry and labor, they are prepared to report to the council that south of the Platte river, owned and held as such by highly respectable gentlemen, there are six and a half slaves, the fractional portion referring to a small negro boy who is in excellent and humane keeping, in that section of the territory. Now, instead of becoming alarmed at this information, your committee are rather disposed to congratu- late the council and the country upon the fortun- ate condition in which these slaves are found. We are happy to add on the best of authority that their servitude is entirely voluntary, and that they are perfectly contented with their lot. It is to be observed that these slaves were original- ly from Missouri and Louisiana. One of them, we are informed, proves a great burden to his owner by being subject to fits. What can be done to lighten the burden of the master or remedy the terrible malady of the slave we leave to your careful and candid consideration. At all events it is very clear that in removing to this territory these slaves have been changed from a worse to a better condition, and surrounded as they are by increased comforts and having before them the almost certain prospect of ultimately gaining their freedom, it would seem to be absolute cruel- ty in the legislature, even if it had the power and the purpose to do it, to enact a law here which would compel their owners to sell them into a worse bondage where these prospects would be forever blasted. A noticeable fact is to be found by reference to the census record of 1855. At that time thirteen slaves existed in Nebraska. Under the operation of incidental causes, aided by the stealing propensities of an unprincipled set of abolitionists inhabiting a place called Civil Bend, Iowa, the number has been reduced to the insignificant figure of six and a half slaves, all told. * * *
"Your committee respectfully recommend that the bill be referred to the committee of the whole, and that it be made the special order for some future day of the session."
A second report was submitted by Hon. George W. Doane, the third member. This gentleman re- ported after the two preceding reports had been read and concurred "in the main with the views expressed in the report submitted by Mr. Miller." He did not admit that practically slavery had any existence in the territory. "To agree that because
a single instance may be found of a returning emi- grant from Utah who has pitched his tent in some remote part of the territory and is cohabiting with two women claiming to be his wives, there- fore polygamy exists as an institution in the ter- ritory, would be quite as conclusive and sensible as the attempt made by the chairman of this com- mittee to fasten upon our fair territory the stigma of slavery by the very slender data upon which his conclusion is based. * *
* But if slavery does legally exist in the territory, as the bill re- ported by the chairman would advertise to the world that it does, is it proposed to confiscate the property of such as are interested in that descrip- tion of property by an unconditional abolition of the tenure by which it is held? And if it does not legally exist, what is the necessity of legislating for its abolition? The evil must be corrected by the judicial and not by the legislative branch of the government." Mr. Doane waived discussion of the principle involved in the abstract question of the right or wrong of slavery, and merely on the ground of inexpediency at that moment re- ported adversely to the bill.
Still another bill "to abolish and prohibit slav- ery in Nebraska" was presented to the legislature December 7, 1859, by T. M. Marquette of Cass county, which was passed on the 17th of Decem- ber by a vote of twenty-one to seventeen. This bill, however, when it reached the council, was "indefinitely postponed." At this time it was proposed as a substitute that a resolution be passed by both branches of the legislature, mak- ing the following declarations: "That slavery does not exist in the territory, and there is no danger of its introduction; that it is unnecessary to waste the time of the legislature in enacting any legislation relating thereto; that being op- posed to slavery and asserting its right to the full control of such matters within the territory, the legislature declares itself prepared to take what- ever action may be necessary to prohibit or ex- clude slavery at any time it may become neces- sary, but that the agitation ofthis question at that time was believed to be ill-timed, unnecessary, pernicious and damaging to the fair name of the territory." This resolution was not acted upon.
On the 29th of December, 1859, a bill for the prohibition of slavery in Nebraska was introduced by Mr. Little, which passed both houses of the legislature. The report of the committee to which this bill was referred is interesting at this day, as it shows the intense feeling that the question had wrought. We quote from the report the follow- ing: "The question, disguise it as you will, which is involved in this bill is the great question of the age. Our entire union is divided into two great parties on this question. One party struggles ever to uphold the principles of this bill, the other labors as earnestly for its overthrow, and we are now called to take one side or the other. The power to prohibit, in the opinion of the majority of your committee, is conferred on us by our or-
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ganic act, and by this measure the opportunity is given us to test our fidelity to freedom and our opposition to the extension of slavery. The op- ponents of this measure have not a single reason to advance why this bill should not pass. They put forth, however, some excuses for op- posing it. They come forth with the miserable plea that they are opposed to blotting our statute books with useless legislation. Sir, this is not so much a plea against this law as it is in favor of blotting our territory with slavery. They say that slavery does not exist here, and that this measure is useless. This excuse will not now hold good, for a president's message has just reached us, in which it is declared, and in this opinion he is backed by a powerful party, that men have the right to bring slaves here, and to hold them as such, and that this is slave territory. We, it is true, may not be of opinion that this doctrine is true, but, sir, if men declare that they have the right to make this a slave territory, shall we not prohibit them in this act and prevent the wrong they would do us? If the friends of slavery in- sist that they have the right to hold slaves here, shall we tamely submit to it? If they insist on making this a slave territory, which they do, shall we not insist that it shall be forever free?"
This bill was passed by both houses of the leg- islature January 3, 1860, and placed in the hands of Governor Black for approval. On the 9th of January he returned it with his veto. The most important objections noted in the veto message were the following:
"This act necessarily involves the whole ques- tion of power or jurisdiction over the subject matter. If slavery exists here in law or in fact, to prohibit it is to abolish it. If it does not exist, where is the need for legislation ? This bill is in- tended to interdict slavery or involuntary servi- tude within the territory, and raises the question whether the territorial legislature can do it. For the purpose of considering the question with dis- tinctness, I will first examine it, as it may or may not be affected by the treaty with France. This territory was a part of Louisiana, and all agree that when we acquired Louisiana in 1803 it was slave territory, and slaves were property. The third article of the treaty by which Louisiana was acquired by the United States is important at this point. It provides 'that the inhabitants of the ceded territory shall be incorporated in the United States and admitted as soon as possible, according to the provisions of the federal consti- tution, to the enjoyment of all the rights, privi- leges and immunities of citizens of the United States, and in the meantime they shall be pro- tected in the free enjoyment of their liberty, prop-
erty and religion which they profess. * * * Nebraska was acquired to become a state, and for no other purpose. For this purpose, and this alone, is there any power under the constitution to acquire foreign territory ? *
* It is a * stipulation in the treaty 'that the inhabitants of the ceded territory shall be incorporated in the union of the United States,' and it is every whit as strong a stipulation as that 'in the meantime they shall be protected in the free enjoyment of liberty, property and religion.' The faith of the country is pledged to it, and it is just as good to the inhabitants of Nebraska territory today or any day as it was to the first inhabitants in 1803. Mr. John Quincy Adams understood this perfect- ly, and disposed of the question very briefly and conclusively when Arkansas was before congress for admission in 1836. 'She is entitled to ad- mission as a slave state as Louisiana and Missouri have been admitted' by virtue of 'that article in the treaty for the purchase of Louisiana which secures to the people of the ceded territories all the rights, privileges and immunities of the orig- inal citizens of the United States, and stipulates for their admission, conformably to that princi- ple, into the union.' '
The argument contained that "if a party is a citizen of some one of the United States, he has the right to enter into the territory clothed with all his rights. He takes his property with him from his own state, and if he may not do so, then the territory is not acquired for the common and equal benefit of the several states. The territorial legislature was deemed but a temporary depart- ment, having no right or power to pass a law which was regarded as conflicting with the indi- vidual rights of citizens." This veto prevailed, and the matter was again indefinitely postponed. When the seventh session of the legislature con- vened December 3, 1860, the question of slavery again came to the surface. On the 6th of Decem- ber Mr. Mathias introduced in the house a bill "to abolish slavery and involuntary servitude in the territory," and on the following day Mr. Thayer introduced the bill in the council. The bill was ratified by both houses, and was presented to Governor Black for approval, but on the 1st of January, 1861, it was returned to the legislature unsigned with a lengthy message, giving the grounds on which the veto rested, they being mainly a duplicate of the reasons assigned for the former veto. The bill, however, was promptly passed over the veto, and became a law. Thus after a long and intensely heated contest, the sub- ject was disposed of to the permanent honor of Nebraska.
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