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 9

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 9

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The growth and development of the state and its settlement had only begun to reach substan- tial proportions when it was interrupted by the breaking out of the civil war in 1861. In May, 1861, Governor Alvin Saunders issued a procla- mation calling for the immediate raising of a reg- iment of infantry. In pursuance to this, compan- ies A, B, C, D, E, F and G, of the first regiment, were all sworn into the service in June, 1861. Three more companies were sworn into the ser- vice in July, and all these companies took their departure for St. Joseph. In August a call was issued for two companies of cavalry to join the First regiment.

In 1862 and also in 1863 a number of compan- ies of cavalry were organized and mustered into the service. Additional companies of cavalry and infantry were organized in 1864 and sent to the front.

In 1864 and 1865 the Indians along the frontier gave the whites a great deal of trouble, and many depredations were committed. On July 25, 1865, an attack was made on Platte Bridge station by one thousand Indians.

In 1866 the state constitution was adopted by a vote of the people, and on March 1, 1867, Presi- dent Andrew Johnson issued a proclamation de- claring Nebraska a state. The first session of the legislature after the admission of the state into the union met May 16, 1867, under a proclamation issued by Governor Butler.

The first state legislature (1866-67) appointed Governor David Butler, Secretary of State T. P. Kennard and State Auditor John Gillespie a com- mission for selecting a site for the state capital. The commissioners commenced their search in July, 1867, and made a thorough examination of all territory designated by the act of the legisla- ture, which embraced the counties of Lancaster, Seward and a part of the counties of Butler, Saunders and Saline. Seventy-two sections of land and twelve salt springs had been donated to

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the new state by the general government, and these were located by the governor within a rad- ius of twenty miles of the Great Salt Basin. The balloting of the commissioners for the location of the state capital occurred July 29, 1867, and re- sulted in favor of Lincoln (then called Lancas- ter). Work on the capitol building was com- menced promptly. The building was sufficiently completed by December, 1868, for occupancy, and on December 3, 1868, Governor Butler issued a proclamation announcing the removal of the seat of government to Lincoln, and ordered the transfer of the archives of the state to the new capitol.

In 1869 the University of Nebraska was founded.

On the 10th of May, 1869, there occurred an event which marked one of the most important mile posts, not only for Nebraska alone, but in American history as well-the completion of the Union Pacific railroad to Ogden. On that day two oceans were united, a continent was spanned by iron bands, and a revolution was accomplished in the commerce of the world. The event was observed in Omaha by a grand celebration.

In 1871 articles of impeachment were formu- lated against Governor Butler. The trial began March 14, and resulted in an order for his removal from office. On September 19 of this year a new constitution was submitted to a vote of the people and rejected.

The first serious devastation by grasshoppers occurred in July, 1874. In 1875 a new constitu- tion was adopted by a vote of the people. In 1878 the state historical association was organized.

In 1882 a great strike took place on the Bur- lington railroad, resulting in serious rioting which required the militia to quell.

In 1890 an Indian insurrection occurred at Pine Ridge agency, which assumed such serious pro- portions as to require the calling out of the national guards. The census of this year gave Nebraska a population of 1,058,910.

In 1894 began the "famine period." The hot winds in July of this year throughout practically the whole state parched all vegetation, causing virtually an entire failure of crops of all kinds. The crop failures (1894-1895) resulted in great suffering in the western part of the state. In January, 1895, the legislature passed a relief bill, appropriationg fifty thousand dollars for the re- lief of the western sufferers. This was followed in March of the same year by an additional appro- priation of two hundred thousand dollars.

In 1898, shortly after the breaking out of the Spanish-American war, Governor Holcomb issued a proclamation calling for volunteers, and as a result of this the First and Second regiments were mustered in at Lincoln May 9 and 10, 1898. The Third regiment was mustered in at Fort Omaha on July 7 of the same year.

One of the important events of recent years in Nebraska that should be mentioned was the open-

ing of the Trans-Mississippi Exposition at Omaha June 1, 1898.

The foregoing covers the most important events that would be considered as marking epochs in the history of the state. It may be said that the principal setbacks which the state has suffered were those caused: First, by the civil war in 1861-1865, which temporarily delayed the settle- ment and development of this region by the drawing into the service of the government many of the able-bodied men from all parts of the country. But the delay was only temporary, and the emigration set in with renewed force immedi- ately after the close of hostilities, and many of the war veterans found their way to Nebraska to settle down to peaceful avocations. Second, the occasional outbreaks of the Indians in early days may be said to have been one of the causes which for a time most seriously delayed and interrupted the growth of the state, as many living in the eastern states were deterred from emigrating to Nebraska through fears of the Indians, aroused by the occasional outbreaks and the sensational rumors that were current in the east. The third great interruption to Nebraska's growth was from the grasshopper raids of the "seventies." Fourth, the drouth and consequent failure of crops which occurred about 1894 proved a serious set-back to Nebraska as well as to the entire western country.

These, however, may all be justly considered as being the usual and ordinary set-backs that must be met in the development of any new country. With these exceptions it may be said that the for- ward progress of the state has been steady and rapid. The seasons have come and gone, leaving bountiful crops to enrich and supply the wants of all, and prosperity reigns supreme throughout the length and breadth of the state. The changes that have been wrought are truly marvelous, and as these things of only half a century are contem- plated, one can scarcely realize or comprehend that the wonderful results of time's marvel-work- ing hand are the achievements of a period so brief as to be within the remembrance of men who are still living. Turn back, as it were, the leaves of time's great book to but a half century ago, and the stranger would have gazed upon a landscape of great beauty, selected by the red men as their camping ground, with that singular appreciation of the beautiful which nature made an instinct in the savage. These vast and rolling prairies were as green then as now; the prairie flowers bloomed as thickly and diffused their fragrance as bountifully. It was the home of the red man with scarcely a trace of civilization. But today, what a contrast! Then all was as na- ture had formed it with its varigated hues of vegetation-in winter a dreary snow-mantled desert, in summer a perfect paradise of flowers. Now all traces of the primitive are obliterated. In place of the tall prairie grass and mangled underbrush one beholds the rich, waving fields of

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golden grain. In place of the dusky warriors' rude eabins are the substantial and often elegant dwellings of the thrifty farmers, and the "iron horse," swifter than the nimble deer, treads the pathway so recently the trail of the red man. Cities and villages, the peer of those which have

been centuries in building, have sprung up as if by magic ; civilization and progress are apparent on every hand; schools and churches adorn the former prairies, and the result is a prosperous land filled with an enterprising, intelligent and happy people.

CHAPTER III.

POLITICAL, TERRITORIAL ORGANIZATION, STATE ORGANIZATION, LEGISLATIVE AND OFFICIAL ROSTER.

MOVEMENTS TOWARD SECURING TERRITORIAL ORGANIZATION.

In 1851 and 1852 the first effort was made to erect a territory west of Missouri and Iowa, which was abortive, and the matter did not reach a vote in congress. At the next session, 1852-53, Willard P. Hall, of Missouri, on December 13, 1852, offered a bill in the house of representatives organizing the territory of "Platte," which included in its area what is now the greater part of Nebraska, the northern limit of the region being generally described as "the Platte river." The bill was re- ferred to the committee on territories. From that committee William A. Richardson, of Illinois, re- ported a bill organizing the territory of Nebras- ka, covering the same area. The report did not meet with the approval of the southern members, and they made such a fight on it that the report presented recommended that the bill be rejected. Notwithstanding the objections, however, the bill passed the house by a vote of 98 to 43, February 10, 1853. Now began the contest which became notorious in the history of the nation. The bill went to the senate heralded by pro-slavery blasts of warning. There was organized secretly a sys- tem to prevent free soil from becoming a new ter- ritory unless a similar tract of slave soil should be set off as a counterpoise in the national legis- lature, for to admit a free territory without one dedicated to slavery was to give the anti-slavery faction a political lever that might be used against the south. The bill reached the senate, where it was moved to "lay it on the table." This defeated the bill by a vote of 23 to 17, the senators from the slave states, with the exception of those from Missouri, were solidly arrayed against the bill.

In the meantime the people of Iowa and many localities in the west had manifested their disap- proval of the lines described in the bill, and they began to impatiently insist that the country west of the Missouri river be opened to settlement. Thousands of emigrants were camping along the

eastern banks of the Missouri, impatiently await- ing the extinguishment of the Indian title to lands, and were awaiting the permission of the general government to cross over and settle in the new territory. And to that end in the fall of 1853 a considerable number of persons crossed the Missouri from Iowa, and, assembling at Belle- vue and Old Fort Kearney, proceeded to hold an election for a delegate to represent their inter- ests at Washington in securing a territorial or- ganization. Said election was held on the 11th of October, 1853, and resulted in the unanimous choice of Hon. Hadley D. Johnson, a prominent lawyer and leading citizen of Council Bluffs, Iowa.

On the 14th of December, 1853, a bill was intro- duced in the senate by Augustus C. Dodge, sena- tor from Iowa, providing for the organization of the "Territory of Nebraska." This measure ad- hered to the former boundaries, and it was re- ferred to the committee on territories. The bill contained no clause interfering with the interdict on slavery in this region laid down by the Mis- souri compromise. The report of this committee contains so much information concerning the sit- uation at that time that we quote the following from it, viz: "A question has arisen in regard to the right to hold slaves in the territory of Ne- braska when the Indian laws shall be withdrawn and the country opened to emigration and settle- ment. By the eighth section of an act to author- ize the people of Missouri territory to form a con- stitution and state government, and for the ad- mission of such state into the union on an equal footing with the original states, and to prohibit slavery in certain territories, approved March 6, 1820, it was provided : 'That in all that territory ceded by France to the United States under the name of Louisiana, which lies north of thirty-six and one-half degrees north latitude, not included within the limits of the state contemplated by this act, slavery and involuntary servitude otherwise than a punishment of crimes shall be and hereby are prohibited; provided always that any person

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escaping into the same, etc., such fugitive may be lawfully reclaimed and conveyed to the person or persons claiming his or her labor or service as aforesaid.' Under this section, as in the case of the Mexican law in New Mexico and Utah, it is a dis- puted point whether slavery is prohibited in the Nebraska country by valid enactment. The de- cision of this question involves the constitutional power of congress to pass laws prescribing and regulating the domestic institutions of the various territories of the union. In the opinion of these eminent statesmen who hold that congress is in- vested with no rightful authority to legislate upon the subject of slavery in the territories, the eighth section of the act preparatory to the admission of Missouri is null and void, while the prevailing sentiment in large portions of the union sustains the doctrine that the constitution of the United States secures to every citizen an inalienable right to move into any of the territories with his prop- erty of whatever kind and description, and to hold and enjoy the same, your committee do not feel themselves called upon to enter the discussion of these controverted questions. They involve the same grave issues which produced the agitation, the sectional strife and fearful struggle of 1850. As congress deemed it wise and prudent to refrain from deciding the matter in controversey then * * * so your committee are not prepared to recom- mend a departure from the course pursued on that memorable occasion, either by affirming or repeal- ing the eighth section of the Missouri act, or by any act declaratory of the meaning of the constitu- tion in respect to the legal points in dispute. It is apparent that the compromise measures of 1850 affirm and rest upon the following propositions : First, that all questions pertaining to slavery in the territories and the new states to be formed therefrom are to be left to the people residing therein."

When the report of the committee was present- ed Archibald Dixon, of Kentucky, gave notice that he would, when the bill came up, offer as an amendment a clause that the eighth section of the Missouri act "shall not be so construed as to ap- ply to the territory of Nebraska or to any other territory, but that the citizens of the several states shall be at liberty to take and hold their slaves within any of the territories or states to be formed therefrom." This, of course, would have annulled the compromise act, and it reopened hostilities. It was in the midst of this discussion and controversy that Hadley D. Johnson, repre- senting the Nebraska people, reached Washing- ton. He had no official status, but as representa- tive of a large region affected by the measure he was admitted to the councils of the committee on territories. He had a good deal of influence with the committee, and it was mainly through his ef- forts that Senator Douglas requested the recom- mital of the bill. On January 23, 1854, a bill re- taining the title was offered, but so amended as to leave but little of the original document. Two

territories were now proposed, one to be called "Kansas," the other "Nebraska." The amended bill contained the following important provisions concerning slavery: First, that all questions per- taining to. slavery in the territories, and in the new states to be formed therefrom, are to be left to the decision of the people residing therein, through their appropriate representatives.

Second. That all cases involving the title to slaves and questions of personal freedom are re- ferred to the adjudication of local tribunals with right of appeal to the supreme court of the United States.

Third. That the provisions of the constitution and laws of the United States in respect to fugi- tives from service are to be carried into faithful execution in all the original territories, the same as in the states.

The fight that followed over this bill was a hotly-contested one. Senator Douglas introduced an amendment affirming the principle of non-in- tervention by congress, which prevailed. Senator Chase moved "that the people of the territory may, if they see fit, prohibit the existence of slav- ery therein." This was voted down. The contest and debate that followed was one of the most notable in the history of the country. It is not necessary to follow it in detail in this connection. So far as the destiny of Nebraska is concerned it is only necessary to say that the senate passed the amended bill by a vote of 37 to 14 on March 3, 1854. In May a bill was passed by the house, in form as an original measure, although it was in essence the amended senate bill. This was sent to the senate May 24, and was passed. The bill was approved by President Pierce May 30, 1854. The territory embraced 351,558 square miles, extending from the fortieth parallel of north latitude to the British possessions on the north, and from the Missouri river on the east to the summit of the Rocky mountains on the west. The creation of the territory of Colorado, Febru- ary 28, 1861, decreased the area by 16,035 square miles, and the creation of the territory of Dako- ta, March 2, 1867, further diminished the area by 228,907 square miles. At one time a triangular tract of 15,378 square miles was attached from Washington and Utah territories, lying on the southwest slope of the Rocky mountains, but this was afterwards included in the 45,999 square miles which went to form the territory of Idaho, March 3, 1863.

NEBRASKA AS A TERRITORY.

The following is the full text of the organic act which created the territory of Nebraska :

Be it enacted by the Senate and the House of Representatives of the United States of America, in Congress Assembled, That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereafter expressly exempted from the opera- tions of this act, to-wit: Beginning at a point on

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the Missouri river where the fortieth parallel of north latitude crosses the same, thence west on said parallel to the east boundary of the territory of Utah on the summit of the Rocky mountains, thence on said summit northward to the forty- ninth parallel of north latitude, thence cast on said parallel to the western boundary of the ter- ritory of Minnesota, thence southward on said boundary to the Missouri river, thence down the main channel of said river to the place of begin- ning, be and the same is hereby created into a temporary government by the name of the Terri- tory of Nebraska, and when admitted as a state or states, the said territory or any portion of the same shall be received into the union with or without slavery as their constitution may pre- scribe at the time of their admission; provided, that nothing in this act contained shall be con- strued to inhibit the government of the United States from dividing said territory into two or more territories in such a manner and at such a time as congress shall deem convenient and prop- er, or from attaching any portion of said territory to any otherstate or territory of the United States. Provided further, that nothing in this act con- tained shall be construed to impair the rights of person or property now pertaining to the Indians in said territory so long as such rights shall re- main unextinguished by treaty between the United States and such Indians, or to include any territory which by treaty with any Indian tribe is not, without the consent of said tribe, to be in- cluded within the territorial limits or jurisdiction of any state or territory, but all such territory shall be excepted out of the boundaries and con- stitute no part of the territory of Nebraska until said tribe shall signify their assent to the presi- dent of the United States to be included within said territory of Nebraska, or to affect the au- thority of the government of the United States to make any regulations respecting any such In- dians, their lands, property or other rights by treaty, law or otherwise, which it would have been competent for the government to make if this act had never been passed.

Sec. 2. And be it further enacted, That the executive power and authority in and over said territory of Nebraska shall be vested in a govern- or who shall hold his office for four years, and until his successor shall be appointed and quali- fied, unless sooner removed by the president of the United States. The governor shall reside within said territory, and shall be commander-in- chief of the militia thereof. He may grant par- dons and respites for offenses against the laws of said territory, and reprieves for offenses against the laws of the United States until the decision of the president can be made known thereon. He shall commission all officers who shall be appoint- ed to office under the laws of said territory, and shall take care that the laws shall be faithfully executed.

Sec. 3. And be it further enacted, That there

shall be a secretary of said territory who shall re- side therein, and hold his office for five years un- less sooner removed by the president of the United States. He shall record and preserve all the laws and proceedings of the legislative assembly here- inafter constituted, and all the acts and proceed- ings of the governor in his executive department. He shall transmit one copy of the laws and jour- nals of the legislative assembly within thirty days after the end of each session, and one copy of the executive procedings and official correspondence semi-annually on the first days of January and July of each year, to the president of the United States, and two copies of the laws to the president of the senate and to the speaker of the house of representatives to be deposited in the libraries of congress. And in case of the death, remova!, resignation or absence of the governor from the territory, the secretary shall be and he is hereby authorized and required to execute and perform all the powers and duties of the governor dur- ing such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy.

Sec. 4. And be it further enacted, That the legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members having the qualification of voters as hereinafter pre- scribed, whose term of service shall continue two years. The house of representatives shall, at its first session, consist of twenty-six members, pos- sessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of repre- sentatives may be increased by the legislative assembly from time to time in proportion to the increase of qualified voters; provided, that the whole number shall never exceed thirty-nine. An apportionment shall be made as nearly equal as practicable, among the several counties or dis- tricts for the election of the council and represen- tatives, giving to each section of the territory rep- resentation in the ratio of its qualified voters as nearly as may be. And the members of the coun- cil and of the house of representatives shall reside in, and be inhabitants of, the district or county or counties for which they may be elected, re- spectivley. Previous to the first election, the gov- ernor shall cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the territory to be taken by such persons and in such mode as the governor shall designate and appoint, and the persons so appointed shall receive a reasonable compensa- tion therefor. And the first election shall be held at such time and places, and be conducted in such a manner, both as to the persons who shall super- intend such election and the returns thereof, as the governor shall appoint and direct; and he shall at the same time declare the number of mem-

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bers of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said coun- cil districts for members of the council shall be de- clared by the governor to be duly elected to the council; and the persons having the highest num- ber of legal votes for the house of representatives shall be declared by the governor to be duly elect- ed members of said house : Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the legisla- tive assembly, the governor shall order a new election ; and the persons thus elected to the leg- islative assembly shall meet at such place and on such day as the governor shall appoint; but there- after, the time, place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the number of quali- fied voters, shall be perscribed by law, as well as the day of the commencement of the regular ses- sions of the legislative assembly : Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days.

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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 9

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