USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 11
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61
THE CAPITOL REMOVED TO LINCOLN.
Union, its name, however, being changed to Lincoln,* in former days the friend, compe- titor and townsman of Douglas.
It was found, however, that the bill had still another ordeal to undergo when it was transmitted to Governor Izard for his signa- ture. On the 19th of January he sent a message to the Council in which the bill had originated, declining to give it his approval. His reasons were given at considerable length, owing to the fact that the measure had passed both Houses of the Legislature by so decided a majority. Stated briefly, however, they were:
First. That the removal of the seat of government was not made an issue before the people in auy county in the territory at the time the legislature was elected, and he was, therefore, constrained to believe that the movement had " been gotten up and passed hurriedly aud inconsiderately through both branches of that body by a dominant majority, not only in the absence of any positive instructions from the people, but contrary to their wishes, and most certainly to the injury of their best interests."
Second. That it was a universally con- ceded fact that the principal settlements in the territory would for many years be con- fined to a tract of country extending not more than thirty miles westward from the Missouri.
Third. That the location of Omaha was then central and readily accessible, not only from the territory, but from the country east.
Fourth. That " a costly and substantial building, sufficient to meet and accommodate the growing demands of the territory for many years, is now in course of erection at the present location, and will be completed during the present year, if not retarded by ill-advised and hasty legislation, without the cost of a single dollar to the people of the territory."
*The name "Lincoln" was suggested by Mr. Poppleton. The legislators of 1867 were on the point of giving to their new Capital the unmeaning and hackneyed designation of Central City.
Fifth. That the point selected, even "if it has an existence at all, except upon paper, is entirely removed from the center of pop- ulation, and equally remote from the center of the territory. It is not pretended that a single house, or even a sod shanty, has been erected on the site of the proposed capitol,
or in the vicinity. It appears to be a float- ing town, not only without a location, but without inhabitants. Its existence, if it has any, seems to be confined at present to the brain of some desperate fortune-hunter. and its identity reposes in an indefinable number of certificates of stock for $500.00 each, neatly gotten up and handsomely executed, with all the requisites of president, secre- tary, &c. Where the precise location of this town is intended to be, I am unable to determine. By some it is said to be some- where on Salt Creek, and by others at a point further removed from the settlements, and in the vicinity of the southern boundary of the territory. All agree, however, that there are two towns in Lancaster County by the name of Donglas, already made upon paper. To which of these it is the intention of the Legislature to remove the seat of government, I am left wholly to conjecture. It might so happen, and from my knowledge of the speculative genius of a certain class of our citizens, I think it highly probable that should the bill under consideration become a law, each of these rival towns would set up a claim to the capital, which it might require long and tedious litigation to settle; leaving the people of the territory in the meantime without a seat of govern- ment."
Lastly. That under the organic act the seat of government having been once located, could thereafter be removed only by the concurrent action of the Governor and Legislative Assembly. The latter, even by an unanimous vote, would have no suclı power. And the act of Congress, appropriat- ing money for the erection of a Capitol building, was passed in evident recognition
62
HISTORY OF THE CITY OF OMAHA.
of the fact that the Capital had been permanently located during the existence of the territory.
It soon became evident that it would be futile, if not impracticable, to pass the bill over the Governor's veto, and after several ineffective attempts to secure its passage, the bill was, on the 5th of February, on motion of Mr. Kirkpatrick, indefinitely postponed, allowing the citizens of Omaha to breathe more freely for another year.
Governor Izard did not remain in office to witness another attempt to destroy the prestige of Omaha. In October, 1857, he bade adieu to this eold northern clime, and betook himself to the balmnier region of Arkansas, from which State he had been appointed. Coming to this city with but little experience in public life, he took home with him the reputation of an honest, pains- taking and judicious officer. As usual, opinions concerning him varied. Those who were opposed to the City of Omaha on the Capital question insisted that he was vain, pompous, illiterate and inefficient. The citizens of Omaha esteemed him highly as a dignified, upright, firm and courteous gentleman of the old school. Mention has above been made of an oral message from the Governor, assuring the legislators that they need have no apprehension of violence in the discharge of their duties. Mr. Sor- ensen's story, which has been long current in Omaha, of this message, is as follows: " The South Platte party asked the Gov- ernor to call out three hundred 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: ‘ Gentlemen, it is entirely unnecessary to call out the militia. Go on and attend to the legislative business. Behave yourselves, and your grandmother will protect you.' "
That the Governor magnified his office, and delighted in marks of honor and respect, is not to be denied. Nor can it be ques- tioned that he had never received the critical and liberal education which enabled him to comprehend the full signification of many long words. Ilis enemies declared that he used to speak of " decimating" intelligence among the people, and that once, in response to a speech of welcome, he expressed his gratification with the climate, people and situation of Omaha, and declared it to be his most earnest desire and prayer, that when he died, he might be buried on some one of the beautiful " premonitories" in the neighborhood of that city.
It is certain that he was a stern and uncompromising democrat of the Jackson school, with a strong love for the Union, and the most bitter hatred for all whom he regarded as assailing its integrity. " I regard," he says in his first message, " the election of James Buchanan and John C. Breckenridge to the Presidency of the United States at this juncture, as not only having cemented the Union of the States, by reassuring the South that her constitutional rights are sacred from invasion, and as having settled forever the great question of Congressional interference in the domestic affairs of the States and Territories, by banishing the vexed question of slavery from the halls of the Capitol. and commit- ting it for settlement to the hands of the people directly interested in its establishment or prohibition, but as having had a most salutary effect upon the business of the country." The denunciations and invectives of heated partisans on both sides of the then impending confliet vexed and harrassed his peaceful-natured soul, and he soon began to long for the more quiet retreat of his Arkansas plantation. As he advanced in years, the delights of office seemed less attractive to him. He built on the north- east corner of Twenty-Second and Burt Streets a brick edifice, modeled on the plan
63
DEPARTURE OF GOVERNOR IZARD.
of the southern plantation mansion, so familiar in those days to the traveler, and, of course, utterly unsuited to the rigors of our winter climate. This house was stand- ing until 1887. In October, as we have seen, dismayed at the thought of another winter like that of 1857, and not anxious to see the Legislature again in session, he dis- appeared from Omaha. For several years he was unheard of in the turmoil and excitement of arms and revolution. The Rebellion, and what he regarded as the certain loss of his beloved Union, seem to have stupefied him. Sometime during the war, it is said that a detachment of one of
our Nebraska regiments passing his planta- tion, saw on the wide, southern gallery a gray, withered and bent old man, whom they recognized as the former Governor of Nebraska.
The session of 1857 passed an aet incor- porating the City of Omaha. This became a law on the 2d of February of the last- mentioned year, and the settlement from that time became entitled to its added dignity. Up to about this time it had always been known as Omaha City. When it really became entitled to the designation of a city, it dropped the pretentious suffix.
CHAPTER VIII.
SECRETARY CUMING AGAIN ACTING-GOVERNOR-LEGISLATORS ADJOURN . TO FLORENCE-IIOW THE DIFFICULTY OCCURRED-LIST OF GOVERNORS OF NEBRASKA-OMANIA CITIZENS AS SENATORS AND CONGRESSMEN.
By the withdrawal of Governor Izard the Secretary of the Territory, Mr. Thomas B. Cuming, became again acting Gov- ernor of the Territory. The fourth ses- sion of the Legislature found him in that position and it soon became evident that the struggle for another capital was soon to be commenced. Governor C'uming, in his message, congratulated the Legislature that they met for the fourthi time, "at the place first chosen for the Ter- ritorial Capital ; and in the spacious and imposing edifice. nearly completed, under the appropriation by the General Government, and through the public spirit of the City of Omaha." The mutterings of the coming storm were first heard in a motion in the Council by Mr. Bowen, that a committee of two be appointed to report to the Council at their earliest convenience, the condition of the Territorial capitol buildings; what amount had been expended; by whom expended ; the estimated cost to complete the same upon the present plan; when it would probably be completed; what party or parties were the owners of the ground upon which the same was situated; what party or parties were the contractors, and calling upon acting Governor Cuming for all facts within his knowledge and all papers in his office bearing upon the subject of inquiry. On the 2d of January Mr. Abbe, of Otoe county, gave notice of a bill to relocate tlie seat of Government of the Territory of Nebraska. This bill was read in the House the first time on the 6th of January, and the excitement in Omaha was
so great that the majority of the Legislature either saw or feigned to see, imminent per- sonal danger to themselves in the passage of such a bill. This apprehension led to a scheme on the part of the majority to adjourn the further sittings of the Legisla- ture to Florence, some six miles away. It is now manifest that under the organic act of the Territory this was an unwise move on the part of the opponents of Omaha, for it is, to say the least, doubtful whether, under that act, even a two-thirds vote of the Legislature would have been sufficient to make the change without the assent of the Governor; and that the Governor. responsible to the general government, would not hazard his standing by giving his approval to such a law, might be reasonably inferred, even without any knowledge of his wishes or prejudices on the mere ques- tion of removal.
The vote to adjourn to Florence by the Council, its transmission to the House, the peculiarly unhandsome reception it met there, and the subsequent proceedings, were the subject of an investigation by both Houses, and the report of the joint commit- tee is as follows:
Report of the Joint Committee of Investigation Appointed to Examine into the Causes and Consequences of the Difficulty in the Legisla- ture of Nebraska, which occurred January 7th and 8th, 1858:
" To the President of the Council and Speaker of the House of Representatives:
"Your joint committee, to whom was referred the subject matter of the late disturbances in the Legislative Assembly of Nebraska, and the inves
61
65
REPORT OF THE COMMITTEE OF INVESTIGATION.
tigation of the causes of the precipitous exodus of a majority of the members thereof to Flor- ence. have had the same under consideration, and beg leave to report as follows:
" Your committee deeply deplore the unfortu- nate circumstances which have rendered such a report necessary ; but justice to the people of the Territory at large, and to the minority of the members of the Legislative Assembly, demands that the responsibility in this matter be fixed where it properly belongs.
"We hold that minority to be guiltless of wrong in the premises, and submit the sworn statements of disinterested and reliable men as the basis for our opinion, and invite for them a candid and careful consideration.
"The charge of having deliberately and pre- meditately broken up the sitting of the Legisla- ture, paralyzed its action and prevented the transaction of all legitimate legislation, is a grave and serious one, but solemnly and seriously we make it. holding the majority to a just responsi- bility for what we are compelled to regard its unwarranted and revolutionary course.
" We are unable to find any palliation or excuse for its action. So far as we have been enabled to procure the facts in the progress of our investiga- tion, the minority at no time asserted or attempted to exercise rights which did not clearly and unquestionably belong to them, and for which they had not the authority of precedent and undisputed parliamentary laws.
"That the House was properly and regularly in committee of the whole when the difficulty occurred there can be no doubt, the Chairman having been nominated by a member of the ma- jority and elected by the House.
"That it could in that condition receive a message from the Council, is true ; and that the House, sitting as such, could not receive a mes- sage from the Council while that body was not in session is equally true. This was all, as we understand it, that the minority claimed-the fact having been made known to the satisfaction of the Speaker that the Council was not in session, and that, consequently, under the rules of the House, no message from it could be received. But even had the facts been different, the conduct of the majority was unwarranted and unjustifia- ble, since no motion was made that the committee rise and report their proceedings to the House. In derogation. as we conceive, of all parliamen- tary law and all rules of order and decorum, Mr. Decker attempted to take possession of the Speaker's chair by force, and his intended violence only prevented by the interference of Messrs.
Murphy and Paddock. It does not appear to the committee that any demonstrations of violence or force were made or offered on the part of the minority, but that their efforts were confined to an attempt to prevent it, and to restore order and decorum, that the business of the House might be proceeded with.
"We are forced to conclude that the action of the majority was unwarranted and revolutionary, without the sanction of law or precedent and without pretext or excuse. With a full knowl- edge of the consequences of their acts they have not only violently broken up the law-making power of the Territory, and left the people with- out redress except at the ballot-box, but they have inaugurated anarchy. destroyed the public peace, trampled upon and disregarded the public interests, and fastened a stigma of disgrace upon a public reputation hitherto unblemished. It is not for us to pass that public judgment upon their conduct which it merits, but to the wisdom of a people whom they have so shamefully out- raged, we submit the facts, confident that justice will be meted out and responsibility lodged where it properly belongs.
"The minority have remained at their posts from day to day, ready and anxious, as the facts disclose, to consummate the important legislation which the best interests of the Territory demand; but their action is paralyzed by the persistent and unjustifiable course of the majority. Under these circumstances, all business has been frus- trated, and the Territory robbed of that legisla- tion which is so much needed and to which she was entitled at the hands of the majority by whom she has been so shamefully outraged and so dastardly betrayed.
"In regard to the occurrence in the House which is made the pretext upon the part of the majority for abandoning their posts of duty. the proof herewith submitted clearly shows it to have been precipitated by the design or folly of the Speaker. Indeed, there is evidence of a premeditated design upon the part of the majority to obtain the pos- session of the chair by force ; that they repaired to the House on the afternoon of the 7th with a determination to carry out such design, and that the occurrence which then took place was the consequence. This course on the part of the majority is the more extraordinary from the fact that the subject-matter under discussion at the time in the committee of the whole (the election of a printer), was comparatively of an unimpor- tant character, in no respect calculated to excite unusual feeling or arouse the passions. This, together with the facts elicited by the testimony.
5
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66
HISTORY OF THE CITY OF OMAHA.
affords strong ground for the belief-which your committee would otherwise be reluctant to enter- tain-that the course pursued by the majority was in accordance with a predetermined plan to break up and disorganize the Legislature. We are further strengthened in this conclusion from the fact, that while it is not pretended that any- thing had occurred in the Council to disturb its deliberations, yet the majority of that body saw fit to adjourn to Florence, without any joint action by resolution with the other House.
"Your committee are reluctant to make these charges against a class of meu with whom they have acted in a representative capacity on behalf of a common constituency, but we cannot shrink from the performance of a responsible duty, how- ever unpleasant it may be, and relying upon the adequacy of the testimony upou which their conclusions are based, they beg leave to submit it for your consideration and as a part of this report. -
A. F. SALISBURY. Douglas County. S. E. ROGERS, Douglas County. Council { CHAS. MCDONALD, Pawnee County. A. W. PUETT, Dakota County. - J. STERLING MORTON, Otoe County. House J. S. MINICK, Nemaha County. A. F. CROMWELL Richardson County. J. VAN HORN, Cass County. J. W. PADDOCK, Douglas County,
A portion of the testimony taken, which is entitled, "Testimony taken before the joint committee appointed by the Council and House of Representatives, in relation to the secession of certain members from the Fourth Legislative Assembly of Nebraska," is as follows:
JOHN C. TURK, sworn: My name is. John C. Turk, aged twenty-six years; reside at Dakota City; am Receiver of Public Moneys in the Dakota Land District. I was present in the hall of the House of Representatives on Thursday, January 7th, 1858. I occupied a seat close to the Speaker's stand at the time the difficulty occurred ; the House was in Committee of the Whole on the public printing; Dr. Thrall. of Douglas County, was in the chair; Mr. Clayes, of Douglas, had the floor; Mr. Decker, the Speaker, was promenading the floor with his cap on, conferring with the members with the view of taking the chair by force, as it was understood at that time; a mes- sage from the Council was announced; Mr. Pop- pleton got up and read from the rules of the House, having first inquired whether the Council was in session, and being answered that it was not, made the remark that no message could be
received. Mr. Speaker Decker marched up to the stand took hold of the gavel in the hands of Dr Thrall; said he was Speaker of the House, and declared it adjourned. remarking soon after that he would hear the message from the Council or die right there; he asked Dr. Thrall to give up the chair; the doctor refused; Mr. Decker drew the gavel in a threatening manner in his right hand. and with his left took hold of the Speaker's chair, and endeavored to force Mr. Thrall forcibly out; at that stage of the proceedings Mr, Murphy caught hold of his right arm and the gavel, pulled him down on the floor of the House; about that time Mr. Paddock also caught hold of him; there was a great deal of confusion; a number of members rushed forward. and Mr. Hanscom rushed in, took Mr. Decker out of the hands of Murphy and Paddock. and rolled him under the table, after which Dr. Thrall, Chairman of the Committee succeeded in restoring order, and Mr. Clayes proceeded with his remarks. Mr. Speaker Decker, and others who were acting with him. endeavored to interrupt the business of the Committee by remarks, sneers and threats: Mr. Decker had his cap on at the time: treated the Chairman and Committee with contempt; promenading around the hall and whistling, and when ordered to take off his cap and desist by the Chairman, he refused; soon after Mr. Decker and his friends withdrew, and the business of the Committee was regularly gone through with; Mr. Morton was elected Speaker pro tem,, prior to which Mr. Morton requested the lobby to withdraw, stating that he had heard that the House was unable to do busi- ness on account of lobby influence; in obedience to which request every member of the lobby at once withdrew, Upon the election of Mr. Morton Speaker pro tem .. the Committee reported through their Chairman. Dr. Thrall. The House then adjourned. Up to the time of Mr. Speaker Decker's attempt to take the Chair, there had been no disturbance, and the Committee was pro- ceeding regularly and inorder. I saw no dispo- sition or attempt on the part of any member of the lobby to interfere, and no attempt on the part of the minority in the House to do anything more than to restore order.
Int .- You have spoken of Mr. Hanscom. Was be within the bar at the time of this occurrence ?
Ans,-I had not seen Mr. Hanscom until after the assault of Mr. Decker upon the Chairman of the Committee. Mr. Hanscom was an ex-member, and as such entitled to a seat within the bar.
Int .- With what apparent intention did Mr. Hanscom take hold of Mr. Decker?
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TESTIMONY BEFORE THE COMMITTEE.
Ans .- I think Mr. Hanscom's intention was to separate Mr. Decker from Messrs. Murphy and Paddock, which he did do.
Int .- Was there any interference or attempt at interference by any one not a member of the House. and if so. by whom ?
Ans,-Judge Kinney, of Nebraska City. stand- ing upon a desk. attempted to make a speech not being a member he was refused a hearing by the Chairman; there being a great deal of confusion, I could not hear what he said.
W. R. THRALL, sworn: I am a citizen of Omaha City, aged twenty-eight years; am a practicing physician; am a member of the House of Repre- sentatives from Douglas County: was in the House on Thursday, January 7th. 1858, pending the reading of the journal on that morning. a discussion arose on a point of order. which con- tinued until 10 o'clock at which hour the House had by motion determined to go into Committee of the Whole on a special order-the joint reso- lation in relation to public printer; the House
accordingly resolved itself into Committee of the Whole, Mr. Strickland in the Chair; Mr. Pop- pleton had the floor: Mr. Strickland shortly after desiring to discuss the question, called Mr. Arm- strong to the Chair; Mr. Armstrong declined; Mr. Strickland then called upon Mr. Morton, of Otoe, who took the Chair; Mr. Poppleton then raised the question whether the Chairman had the power to call upon another member to take the Chair; whereupon Mr. Strickland. standing in front of the Speaker's stand. nominated Mr. Mor- ton, who was elected by acclamation. Mr. Strick- land putting the question. Mr. Poppleton con- tinued his remarks, which were of a humorous and good-natured character; he was occasionally interrupted by Mr. Strickland, who approached him and made suggestions in a whisper, which I did not hear-but which appeared to be of a friendly character, as both were laughing at the time. After Mr. Poppleton had been speaking a half hour or more. Mr. Strickland and others left the hall, after which Mr. Decker interrupted Mr. Poppleton, and raised the point of order that there was not a quorum present, and moved that the Committee rise. The Chairman ruled that a motion could not be entertained while a member occupied the floor. Mr. Decker then advanced toward the Chair, and remarked that the Com- mittee could not sit when there was not a quorum present. The Chairman decided Mr. Decker out of order, and ruled that Mr. Poppleton had the floor and should proceed. Mr. Morton continued in the Chair until after one o'clock P. M., when I was nominated and elected to take the Chair.
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