USA > Nebraska > Douglas County > Omaha > History of Omaha from the pioneer days to the present time > Part 8
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Dr. Miller, who was a member of the legislature. and faithful to Omaha's interest, had been posted in regard to the whole business. He pitched into those resolutions in a vigorous manner, causing considerable commotion thereby. Izard was somewhat disturbed by Miller's remarks, which did not fully reveal the object of the resolution, and in a whisper that was heard all over the house, he said, to a certain prominent citizen of Omaha, in order to have him go to Dr. Miller to ask him to desist. "For God's sake let that pass. It's a good endorsement for me."
Izard was called out into the hall, where he talked the matter over with Dr. Miller, and it was then that Izard first learned of the game that was being played on him. It was then agreed that the resolutions should be allowed to pass, but that Izard should not go to Washington.
The resolutions were passed, and Governor Izard re- mained at Omaha according to promise. This defeated the scheme. But the whole winter was spent in attempts to re- move the capital to some point, it didn't make much difference where, if it could only be taken from Omaha. Izard remained in Omaha, however, thus preventing the carrying out of the plans: and Cuming finally agreed not to have anything further to do with the various schemes.
It was during this, the second session of the legislature, that Leavitt L. Bowen was one of the representatives of Douglas county. and his seat was contested by Silas A. Strickland on the ground that he lived at Council Bluffs, being in fact a partner of lawyer A. C. Ford. who was afterwards killed by the vigilantes out in Colorado. Gen- eral Estabrook was attorney for Strickland in the contest, which resulted in favor of Bowen. It was while General Estabrook was making the closing argument in the even- ing that it was announced that United States Marshal Eli R. Doyle, who had succeeded Izard. had fallen down stairs in the Western Exchange building, receiving fatal injuries, and dying in a few minutes afterwards. Benjamin P. Rankin was the successor of Doyle, and held the office of marshal for four years, residing in Nebraska till 1861.
During the next session of the legislature, in the winter of 1856-57, the capital removers again came up smiling with two-thirds of the legislature pledged against Omaha, so tha they could suspend the rules and pass the capital removal
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bill over the governor's veto. They proposed to send the capital up Salt creek, by relocating it at a mythical place to be called Douglas City, which was to be located about where Lincoln, the present capital, was afterwards fixed. The scheme was principally engineered by ex-Governor McComas, of Virginia, who was a very sharp wire-puller and manipulator in such affairs.
These fellows had their new town site all laid out into shares, which they had issued to the members, who had their pockets lined with the scrip. Nearly everybody had been seen and sweetened with this scrip, and it is said that even some of Omaha's own men accepted some of it.
Jones, of Dakota county, had a pocket full of it, and told Hanscom about it, who at the proper time persuaded him to expose the whole business. Jones walked into the legislative halls and told his little story, showing his scrip, which he said he had taken to use as evidence of the expos- ure he had made. A very great excitement was thus cre- ated for a short time. but it was sood forgotten in the tumult
of the subsequent proceedings. The capital removers elected their speaker, Isaac L. Gibbs, and tried to ride rough- shod over everybody, but eventually failed. Omaha had only eight votes out of thirty-five in the house. This num- ber, however, was increased by one vote, which was se- cured from Dodge county ; but at no time did Omaha have enough votes to prevent a suspension of the rules. Gibbs, the speaker, paid no regard whatever to parliamentary laws, and it is a fact that it was a very rough legislature in every sense of the word. The enemies of Omaha were de- termined to pass the capital removal bill, and Omaha was equally as determined to prevent it, as everything was at stake with the citizens of the place.
To gain time was the main object Omaha had in view, and to do it they " talked against time" on every possible occasion, consuming several days in trivial arguments. Jonas Seeley and A. J. Hanscom did most of the talking Hanscom had control of the campaign for the defense, and arranged nearly all the tactics.
A man named Brown, from Plattsmouth, was chief clerk. and as the Omaha men didn't like him very well, and wanted to oust him. they took occasion to kill time by taking up his journal every morning, whether it was right or
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wrong, and literally picking it to pieces on the slightest pretenses. It thus frequently happened that half a day or more was consumed in correcting the journal. Brown was afterwards forced to step down and out, and Sterritt M. Curran, of Omaha, took his place.
General Strickland, who was then a resident of Bellevue, was a recognized leader and champion of the South Platte folks, and whenever he would move anything to bring on a direct fight, Hanscom would make some dilatory motion- to lay on the table, to postpone to a certain day, or indef- initely postpone-thus consuming time, all of which was a part of the tactics.
It was a very stormy session all the way through. At one time the speaker ordered the sergeant-at-arms to arrest Hanscom, who bluffed him off by saying. " Come no further. You are safer there than you will be if you come any nearer." The officer evidently saw that he meant what he said, and the arrest was not made. After the in- tense excitement that was caused by Hanscom's bluff had somewhat subsided, the champions of Omaha availed themselves of every opportunity to pitch into the speaker, until they actually made it so warm for him that he dared not occupy the chair. They made him sick : at least he pre- tended to be sick, and Strickland was appointed by him to fill the chair in his absence. The question then arose whether he could appoint him from day to day, or for a longer period, and a whole day was thus consumed in argument.
The South Platte party asked the governor to call out 300 militia to protect them from the Omaha crowd, which was composed of eight men. The next morning Governor Izard, whom they had called "grandmother," assembled both branches of the legislature together and made them a speech. It was short and pointed. He said : “Gentle- men, it is entirely unnecessary for me to call out the militia. Go on and attend to your legislative business. Behave yourselves, and your 'grandmother' will protect you."
Every effort was made to induce members of the opposi- tion to flop over in favor of Omaha, but they were all ava- ricious, and a sum total of $20,000 was demanded for votes.
One man, hailing from a South Platte county. was so scared and apprehensive of the result of the ex
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and turbulence that prevailed, that he wished to go home and tell his friends that he was really afraid of his life. But he wanted from Omaha $5,000 as a compensation for his absence. "We have not got any money to give to men to pay them to go home and slander us," said one of Omaha's leaders, who did not think his being afraid of his life was a very good recommendation for the city. Of course he didn't get a cent, and he soon got over his scare.
Governor Izard, on the 19th of January, returned un- signed the capital removal bill, which had been passed by a majority in both houses. In his veto message he said that, so far as he knew, the question of a removal had not been considered by any county in the territory, or the measure made one of public action by popular vote ; that geograph- ically, Omaha was, and would continue to be, central and convenient for years to come; that a costly edifice had been erected at Omaha, and policy dictated its use as a territo- rial hall : that the bill named the selection of " Douglas in Lancaster county," as the proposed site of the capital ; that the city of Douglas existed only in the brains of ambitious fortune-hunters and on neatly-printed paper; that there was even a fight within a fight, and that two rival factions had severally planned a town of "Douglas," neither of which really existed, and either of which would, if desig- nated, involve the projectors in litigation from the other "Douglas" citizens : that numerous legal reasons were ap- parent in justification of his course ; and, on the whole, that the move was one of shrewd practice by sundry oppo- nents of Omaha.
Enough votes were secured-but exactly how, this historian is not aware-for Omaha to prevent the passage of the bill over the governor's veto, which virtually defeated the enemy.
Parties from the South Platte country had come here resolved to ruin Omaha, and even tried to divide Douglas county and remove the county seat to Florence. Omaha had her hands full and running over with fights, and she had nothing else to do that winter but to act on the de- fensive.
The South Platters tried for awhile to tire out the Omaha squad by holding night sessions, but finally an Omaha man "satisfied" several parties that they were
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doing wrong, and they came over and voted with Omaha. That ended the capital removal business for that session, more than one-half of which was taken up by this fight. The remainder of the session passed off quietly.
Just before the final vote was taken on the capital re- moval bill, Seeley. of Dodge county, was turned out of his seat for having previously voted for Omaha.
CHAPTER XIV.
THE LAST ROUND IN THE CAPITAL REMOVAL FIGHT.
THE SCHEMERS COME UP SMILING AGAIN-HANSCOM APPEALED TO, TO CHAMPION OMAHA'S CAUSE-HANSCOM THROWS THE SPEAKER UNDER THE TABLE-AN EXCITING SCENE-BLACK EYES AND BLOODY NOSES-HOW STRICKLAND WAS SILENCED- THE LEGISLATURE BREAKS UP IN A ROW, AND ADJOURNS TO FLORENCE-ARRIVAL OF GOVERNOR RICHARDSON, THE SUC- CESSOR OF IZARD-THE CAPITOL BUILDING-AN EXTRA SESSION OF THE LEGISLATURE -- THE CAPITAL FINALLY REMOVED TO LINCOLN IN 1867, WHEN NEBRASKA WAS ADMITTED AS A STATE.
When the next session of the legislature convened in the winter of 1857-58, the same old gang of capital removers as- sembled at Omaha, resolved. as before, to make a desperate effort for the success of their old scheme. Hanscom, who was not a member of the legislature, except as a lobbyist, was appealed to as usual to, do all in his power to resist the attack on Omaha, whose recognized leader he had become in such important affairs. The matter was pretty thor- oughly discussed among the most prominent citizens, who wanted to ascertain whether it was best to pay out any money, as usual, to retain the capital. Some of the old settlers tell it that Hanscom said that he. for one, had been paying out money long enough, and that now he proposed to "whale" somebody.
Soon afterwards they sent for Hanscom and told him that the speaker, named Decker, an avowed enemy of Omaha, had armed himself with a revolver, and that his
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party were likewise prepared for any emergency that might arise. A very lively row soon ensued.
One morning the house went into committee of the whole. electing as chairman Dr. Thrall, afterwards United States marshal at Cincinnati, Ohio. Dr. Thrall there- upon at once stepped up and filled the speaker's chair. The Omaha men immediately resorted to their old tactics of talking against time, and it is a fact that George Clayes kept the floor until the middle of the afternoon, when a message was received from the clerk of the council. Under the joint rules of the legislature no message could be re- ceived by one branch when the other that sent it was not in session at the time. The council had adjourned and left their room. When the clerk of the council appeared in the. house the question was at once raised whether the message which he bore could be received. Mr. Decker, the speaker, walked up to the speaker's stand, with the intention of resuming his seat, which Thrall refused to let him have. Decker grabbed for the gavel in Thrall's hand, announc- ing at the same time that the committee of the whole would rise and receive the message from the council. That was entirely out of order as it was known that the council was not in session.
Hanscom, under the usual resolution passed at the beginning of the session inviting ex-members of the legis- lature within the bar, had spent pretty much all of his time there. He had taken a seat on the step near the speaker's stand to quiet any difficulty that might arise, or to take a hand in it if it were necessary. When Decker came up and en- deavored to snatch the gavel. Hanscom yelled out to Thrall, " Hit the rascal over the head with the gavel." Decker was on the opposite side of the speaker's stand, and was attempt- ing not only to seize the gavel but to push Thrall out of the seat, while Hanscom, who had jumped to his feet, pulled Thrall back again, and thus he was kept going back and forth for a short time between Decker and Hanscom. J. W. Paddock and Mike Murphy, who were both members of the legislature, jumped up to prevent Decker from further inter- fering with Thrall. Paddock got hold of Decker's hand and pulled him down from the stand, and while they were scuffling, Hanscom sprang forward and grabbing him by the back of the neck and the seat of the pantaloons laid him
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away or rather threw him under the table, so that Paddock and Murphy would not hurt him. It was indeed a very kind and considerate act. This historian has been reliably in- formed that it was in no gentle manner that Decker was " chucked " under the table. About fifty persons sprang to their feet. All was excitement and uproar, and when it gradually subsided it was found that several persons had been badly used up. Bloody noses and black eyes were too numerous to mention. It was hard to tell which were in the majority-the ayes or the noes.
The Omaha men thus gained possession of the field, and as soon as the fuss was over, and the speaker was out of the chair, the enemy was cleaned out in every other way.
Judge Kinney, of Nebraska City, who was opposed to Omaha, was called on for a speech. He mounted one of the desks and began to talk. Thrall was told by Hanscom to call him to order, as Kinney was not a member.
Strickland jumped on one of the tables and sang out, "I have the right to talk, I am a member."
Thrall ordered him to sit down, but he would not do it.
Hanscom told him if he didn't, he would knock him down.
" Well," said Strickland, cooling off a little, " I guess I can go out of doors and talk." As there was no objection made to that, that ended the fight for that day.
The legislature met next morning, and instead of passing a joint resolution to remove to another point, each house passed a resolution adjourning to Florence, thus virtually breaking up in a row. Dr. Miller was president of the coun- cil, and refused to put the motion to adjourn to Florence. The gentleman from Otoe who made the motion, put it himself and declared it carried, whereupon the council adjourned. In the house a similar resolution was carried unanimously, the Omaha men not voting. To Florence they went, but their action did not amount to anything. They were not recognized as a legislature by the governor, and they did not. get any pay for the time that they spent at Florence.
The testimony in the investigation of this legislative rumpus is decidedly interesting. Dr. Thrall testified as follows regarding the fight: "The speaker (Decker) con- tinued to advance, mounted the rostrum, and declared in
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an excited manner that he 'would have that message, or die right here,' and, as he spoke, snatched from my hand the gavel. Up to this time no demonstration of violence had been made from any quarter. except from the speaker, Mr. Decker, as before stated. Upon his taking the gavel and making the declaration he did at that time a scene of great confusion ensued. At this point, Mr. Decker grasped the arm of the speaker's chair, in which I was sitting, and commenced tipping the same, ordering me at the same time to leave. Mr. Murphy then grasped the speaker's right arm, and pulled him out of the stand on the floor of the house, I still retaining my seat. While Mr. Decker and Mr. Murphy were scuffling on the floor, Mr. Paddock rushed in to the aid of Mr. Murphy, all three holding on to the gavel. Mr. Hanscom advanced behind Mr. Decker. took hold of him and rolled him under the table, releasing him from the grasp of Murphy and Paddock. While this was occurring, I was endeaving, as chairman of the committee, to main- tain order. using a copy of Swan's Revised Statutes for that purpose, in the absence of the gavel. After Mr. Decker got upon his feet, he declared the committee dissolved and the house adjourned. while Mr. Clayes had the floor, having continued to speak during the entire melee. Mr. Kinney, of Nebraska City, was called upon by Mr. Decker and his friends to speak, and, standing upon a desk, he attempted to do so, but, not being a member of the house, was ordered by me to take his seat, which he did. Mr. Decker and his friends at that time, and subsequent thereto. were walking about the floor with their hats on. endeavoring to create as much disturbance as possible. Order being finally restored, Mr. Morton requested the lobby to withdraw, which they immediately did. After the lobby was thus cleared, Mr. Clayes yielded the floor to Mr. Morton, of Otoe, who moved that the committee arise and report progress, and ask leave to sit again, which was carried. The speaker having left the house, Mr. Poppleton nominated Mr. Morton speaker pro tem., and put the motion, which was carried, and there- upon Mr. Morton took the chair and received the report of the committee, which was adopted, and then, upon motion, the house adjourned. On the morning of the Sth of Janu- ary, the house assembled as usual, Mr. Decker in the chair. After prayer by the chaplain, Mr. Donelan, of Cass, sprang
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to his feet and moved that the house adjourn to meet in Florence to-morrow, the 9th, at 10 o'clock a. m., which being seconded by Mr. Cooper, I think, the speaker put in a hur- ried manner, and declared it carried, whereupon he, with twenty-one other members, took their hats and left the hall. During the confusion of leaving, Mr. Morton nominated Mr. Poppleton speaker pro tem .. which being seconded and carried, Mr. Poppleton took the chair. The remaining members continued in their seats, and have assembled and adjourned from day to day regularly ever since up to the present time, doing little or no business, except to appoint a committee to investigate the matter in reference to which I am now testifying."
The session expired on January 16th, by limitation. the law declaring the term to be but forty days in length. The engraving accompanying this chapter -- which, by the way, may be called a very "striking picture " -- illustrates very faithfully not only this particular session of the legislature, but also the three previous sessions, in each of which some very animated and boisterous brawls and tumultuous dis- turbances occurred. A knock-down was no unusual thing, as the war of words generally resulted in a set-to at fisticuffs. The persuasive revolver also played an important part at times in the spirited debate, and whenever it was presented, it generally proved a very convincing argument, for the time being at least.
Governor W. A. Richardson, of Quincy, Illinois-the successor of Governor Izard, who had returned to Arkan. sas-arrived in Omaha early in January, 1857. He assumed the duties of his office on the 12th of January. The Florence faction of the legislature sent a committee to wait upon him, and present to him a resolution to the effect that "the council and house of representatives of the territory of Ne- braska" were then in session at Florence, having been forced to adjourn to that. the nearest place of safety, by the disorganizing and turbulent acts of a minority of their own body, and by the violence of an unrestrained mob at Omaha, causing a well-grounded apprehension as to the personal safety of the majority, and requesting his excellency to communicate with the legislature at Florence, at his earliest convenience. Governor Richardson replied by addressing the seceders as "members of the legislature," and not as
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" the legislature." assuring them that he was " prepared to guarantee that no act of violence by any man or set of men will be perpetrated upon the rights or persons of members of the legislature, while in the discharge of their duties as such. * * * The public necessity requires that the legisla- ture should proceed to business and perform its appropriate duties. It would be exceedingly gratifying, therefore, to me, if you would return to the capital, accept the protection which it is my duty and pleasure to tender to the represent- atives of the people, and, by just and needful legislation, relieve the citizens of the territory from the apprehension of being left for another year without sufficient laws for that absolute protection which is guaranteed by the constitution of the United States."
The Florence seceders, however, did not accept the governor's protection. This (the fourth) session of the leg- islature was held in the territorial capitol, an illustration of which is herewith presented. The engraving, however, does not do justice to the building, as it was made from a photograph taken af- ter the colonade, which surrounded it, had been torn down, having been pro- nounced unsafe. When the columns were standing it is said that the struct- ure presented a very handsome appear- ance. excelled by but very few other build- ings in the country at that time. It stood THE OLD TERRITORIAL CAPITOL. on Capitol hill, on the spot now covered by the high school building. It was erected by Bovey & Armstrong. George C. Bovey was a practical builder, and Major Armstrong was the monied man of the firm as well as the superintendent. The contract was made the 29th of November, 1855, the time for completing the structure being the 15th of September, 1856. It was not finished, however, till some time in 1857. They employed 150 men and horses in their brickyard while
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erecting this and other buildings. The cost of the capitol was $:00,000.
The capital removal question was never again agitated after 1858, to any great extent, until Nebraska became a state, in 1867.
An extra session of the legislature was called by the governor in the fall of 1858. It convened on the 21st of September. The occasion for this session was that the terri- tory had, by the action of the previous legislature, been left without a criminal code, and the only mode of pro- cedure was the common law of England under the provi- sions of which perjury, forgery and other crimes, less than capital in this country, were punishable with death. This remarkable state of affairs was brought about by the pass- age of a bill repealing certain acts of the first territorial assembly, and by its provisions the act adopting certain parts of the criminal code of Iowa and an act relative to criminal laws were accordingly repealed, thus leaving no criminal code for the territory. This bill was introduced by Allen A. Bradford, was passed by both houses, vetoed by the governor, but passed over his veto Dr. Miller was the only member in the council who opposed this repeal bill, while H. Johnson and W. E. Moore were the only members of the house who voted against it. It is stated on good au- thority that this extraordinary piece of legislation was engineered through by Bradford for the benefit of a Ne- braska City murderer who had engaged him as his lawyer. The trouble which resulted in the murder arose from a desputed land claim. Notwithstanding the repeal of the criminal code the murderer was convicted and sentenced to ten years' imprisonment, but the supreme court decided that the prisoner must be discharged owing to the defect in the territorial laws. A civil suit brought by the heirs of the murdered man to recover possession of the disputed property was also dismissed on the ground that the civil code had been repealed. Eventually, however, the heirs secured the property through the perseverance of their lawyer.
The serious defects in the territorial laws were of course remeded by proper legislation at the extra session. A high tribute of respect was also paid by this legislature to the memory of Secretary Thomas B. Cuming, who had
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died in the month of March, 1858. He was a very promi- nent and popular man. His death caused general regret throughout the territory, and he is to-day affectionately rembered by the old settlers.
Governor Richardson's term of office expired December 5th, 1858. Secretary J. Sterling Morton assumed the duties of the office and continued to act as governor until May 2d, 1859, when Samuel W. Black, of Nebraska City, originally from Pennsylvnia, who had been appointed to succeed Gov- ernor Richardson, arrived in Omaha and took hold of the reins of government. Previous to this he had served as associate justice of the supreme court of the territory, having been appointed by president Buchanan in 1857. In the spring of 1861 he returned to Pennsylvania, and or- ganized the Sixty-second regiment of Pennsylvania volun- teers, and became the colonel of that regiment. He was killed on the field of battle at Gainesville, June 27, 1862. Governor Alvin Saunders, appointed by President Lincoln, succeeded Black, coming here in 1861 from Iowa.
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