USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 12
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Mr. Poppleton yielded the floor to Mr. Clayes at half past 1 or 2 o'clock. Mr. Clayes con- tinued speaking, and was on the floor when the Sergeant-at-Arms announced a message from the Council; Mr. Decker rose from his seat and approached the Chair to receive the message, when Mr. Poppleton inquired of the clerk of the Council if the Council was in session, which question was answered in the negative. He pro- tested against the message being received, as the rules provided that no message from one House to the other should be received, unless both Houses were in session. The Speaker continued to advance, mounted the rostrum, and declared in excited manner that "he would have that mes- sage 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 the 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 scene was occurring. I was endeavoring, as Chairman of the Committee. to maintain order. using a copy of Swan's Revised Statutes for the 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, endeav- oring 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 rise and report pro -. gress, and ask leave to sit again, which was
68
HISTORY OF THE CITY OF OMAHA.
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 8th the House assembled as usual, Mr. Decker in the chair. After prayer by the Chaplain, Mr. Donelan, of Cass, sprang 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 it in a hurried 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, of Otoe, nominated Mr. Popple+on 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 since, up to the present time, doing little or no business except to appoint a committee to investigate the matter in refer- ence to which I am now testifying.
DANIEL H. NELSON sworn : I reside in Omaha City ; age 29 years. I was present at the Douglas House on Thursday, Jannary 7th, 1858. between the hours of I and 5 o'clock P. M. Mr. Strickland and other members of the House of Representa- tives, and other persons were there at the same time. Mr. Decker came in and stated to Mr. Strickland that he was going up to take his seat in the chair. Mr. Strickland said : “ We do not want it this afternoon-let them talk against time ; to-morrow morning we can get the chair. Mr. Decker said, in substance, "I am going to have it this afternoon or die trying." Mr. Strick- land made some remark to dissuade him from the attempt, and when Mr. Decker insisted, said, "There are twenty-three with you." Either Strickland or Decker remarked, “Let us go up stairs and talk the matter over." I then made up my mind, from what had been said. that there would be a fuss and went up to the capitol. When I got there Mr. Clayes was speaking. About ten minutes before Mr. Decker came I got within the bar. I was present during the time of the melee. I have read the testimony of Dr. Thrall and find it correct according to my obser- vation. I was prompted by curiosity merely in going to the House ; did not intend to interfere and did not do so. Saw Dr. Rankın, Marshal of the Territory, endeavoring to assist the Chairman in preserving order; did not notice any attempt on the part of persons in the lobby to interfere. They seemed desirous merely, as I and others
were, to get nearer to the scene to gratify their curiosity. I saw the whole of the performance, excepting the throwing down of Mr. Decker, and I fully corroborate the statements of Dr. Thrall.
Sterrett M. Curran, Chief Clerk of the House of Representatives, corroborated the statements already given, and added that during the session of the committee he met Mr. Welsh in the hall of the capitol and was told by him that there was a caucus in the unoccupied room set apart for the Governor's room. That he entered the room and there met a majority of the members of the House in consultation about getting the chair by some peaceable and legal method. That upon being asked his opinion he told them that in his opinion the only method of getting possession of the chair, was for some member friendly to them to get the floor, and move for the committee to rise, assuring them that they had the necessary votes to carry the motion. He also testified that he stated to them that one means was by getting a message from the Council, but that as the Council was not in session, if there were any objections raised it could not be received.
Messrs. Wm. Larimer Jr., Charles W. Cox, John Rickley, William F. Wilder, James Smith Jr., Robert A. Howard, J. McF. Hagood, Joel T. Griffen, Charles McDonald, George A. Graves and Jackson Barrett gave similar testimony and all concnrred in the declaration. that during the session the most scrupnlons order and decorum had been preserved; and that up to the moment the majority of the Council adjourned to Flor- ence, no disturbance had occurred in the Council Chamber, nor had its members been in any respect interfered with in the discharge of their duties. This testimony was designed to meet allegations of the other side, that owing to the actions of the disorderly lobby they were unable to transact their business with composure.
The seceding members of both Houses met pursuant to adjournment at Florence, and made application to acting Governor T. B. Cuming for the journals and papers belonging to their respective houses. The following is the text of the resolution:
Be it Resolved by the Council and House of Repre- sentatives of the Territory of Nebraska, That a joint committee, to be composed of one member of the Council and two members of the House of Repre- sentatives be appointed to wait upon His Excel- lency the Governor, and inform him that the journals, bills and papers belonging to the Legis- lature have been placed by persons withont its sanction, beyond the control of their respective
69
THE FLORENCE LEGISLATURE REPUDIATED.
bodies, and that amongst them are several bills of great importance to the welfare of the Terri- tory, now nearly perfected, among which is an act providing the Criminal Code, a Homestead bill, a Revenue bill, a Fee bill, and various other bills which may become laws if legitimate legis- lation be not further interrupted by the illegal acts of irresponsible persons, who are in posses- sion of such bills. journals and other papers, and that therefore he be respectfully requested to issne an order and to enforce the same, for the immediate delivery of such papers to said com- mittee for the Legislature.
This resolution having been presented to Governor Cuming by the committee, Messrs. Reeves, Ilail and Taggart, was responded to as follows:
EXECUTIVE OFFICE, NEBRASKA TERRITORY, { OMAHA, January 9th, 1858. Messrs. Reeves, Hail and Taggart:
GENTLEMEN : I have received from you a com- munication purporting to be a " Resolution of the Council and House of Representatives of the Territory of Nebraska."
The General Assembly of the Territory is now in session according to law at Omaha City, the seat of government, where the executive office is required to be kept, and where the public docu- ments and records must be preserved. The com- munication furnished by you is not from that body, but was sent from the town of Florence, to which place a portion of the members of each House have adjourned.
My convictions, under the law and facts, are clear-that no act of such recusant members can be legal. Under such circumstances any com- munication from them as a legislative body will not require the official attention from this department. Respectfully,
T. B. CUMING, Acting Governor of Nebraska.
On the 11th day of January, 1858, Messrs. Bowen, Campbell and Donelan were appointed a committee to wait upon Gov- ernor Richardson, who had arrived in Omaha, and present the following commu- nication :
B. it Resolved by the Council and House of Represent- atives of the Territory of Nebraska, that,
WHEREAS, It is understood that his Excellency, the Governor of the Territory, Hon. William A. Richardson, has arrived at Omaha City; then be it
Resotved, That a joint committee consisting of one member of the Council and two of the House, be
appointed to wait npon his Excellency, and inform him that the Council and House of Representa- tives of the Territory of Nebraska are now in session at Florence, having been forced to adjourn to that, the nearest place of safety, by the disor- ganizing and turbulent acts of a minority of their own body, aided by the violence of an unre- strained mob at Omaha, causing a well-grounded apprehension as to the personal safety of the majority, and requesting his Excellency to com- municate with the Legislature at this place, at lis earliest convenience.
On the day following the presentation of this communication Governor Richardson sent to the committee the following reply, which, as will be seen, was a stern rebuke to the majority of the Legislature:
GENTLEMEN: I received from you on yesterday the following resolution. [Here follows the res- olution above quoted.]
I deem it my duty. under existing circum stances, as an act of courtesy from me to you as members of the Legislative Assembly of Ne- braska, to state frankly, that looking at the question as a mere legal one, I cannot recognize that portion of the members of the Legislature now assembled at Florence as the Council and House of Representatives of this Territory.
By reference to the Organic Act, Section 13, it will be seen that the power to locate and establish the seat of government is conferred upon the " Governor and Legislative Assembly." Under that authority Omaha City, Douglas County. was determined upon as said seat of government by an act of the Territorial Legislature, approved January 30th, 1855. Omaha City must then con- tinue to be the only legal place of holding the sessions of the Legislature, unless some other place is fixed upon by the joint action of the Governor and Legislative Assembly.
I have been unable to find any enactment upon the statute books of the Territory making such change, and iu its absence the Legislature can only transact its business legally at Omaha City, Douglas County. But should it be insisted that this change is but temporary, and not designed as a removal of the seat of government. even theu, if I have been properly informed, the proceeding is not authorized by law. I understand the fol- lowing to be the facts:
The House of Representatives, without refer- ence to the action of the Council, or the approval of the Governor, upon a mere motion, adjourned to meet at Florence. The Council, also, independ- ent of the House and the Executive. adjourned to meet at the same place. If now I should recog-
HISTORY OF THE CITY OF OMAIIA.
nize the meeting at Florence as the Legislative Assembly of the Territory, what is the doctrine which I endorse ? Is it not that either brauch of the Legislature, without the concurrent action of the other, has power to adjourn, to meet at any place it may select-a doctrine the establishment of which, might at some future day present the strange spectacle of a Council at one place. the House at another, and the Executive at still another place.
I cannot endorse a doctrine from the operation of which such consequences might result.
Without inquiring into or expressing an opinion upon transactions said to have taken place prior to my arrival in the Territory, I deem it sufficient for me to say that at the Capitol is the place of your right and your duty as legislators; and hav- ing entered upon the discharge of the functions of the Executive office. I am prepared to guar- antee 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 fullest and most ample protection is warranted to free- dom in discussion, and independence in action.
The public necessity requires that the Legisla- ture should proceed to business and perform it> appropriate duties. It would be exceedingly gratifying therefore to me, if you would return to the Capitol. accept the protection which it is my duty and pleasure to tender to the representa- tives 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 Constitu- tion of the United States.
I need scarcely add, gentlemen, that no one regrets so sincerely as I do the necessity which compels me, upon the first assumption of the duties of my office, to differ with a majority of the members of the Legislative Assembly : nothing but a conviction so clear as to leave no doubt upon my mind would induce me to take upon myself so great a responsibility, but when the line of duty is so plainly marked, I should be faithless to the trust confided in me if I should for a moment falter or hesitate.
I have the honor to be, gentlemen,
Your obedient servant, W. A. RICHARDSON.
Notwithstanding this rebuke, however, the seceding members continued their ses- sions at Florence, and even went through the form of passing an aet by which the
Territorial Capital was removed from Omalıa, and a commission appointed to re-lo- cate it. But no formal record exists of this action, for no money was available for the purpose of printing, or even for the pay of members thus absenting themselves. Mr. Poppleton had been elected Speaker of the llouse in place of Mr. Decker, drawing as such double the pay of a mere member, while Mr. Decker, the first Speaker, was obliged to content himself with the empty honor of presiding over an unrecognized body. Mr. Byron Reed is authority for the statement that Mr. Poppleton was oppressed. or feigned to be so, by the feeling that this extra compensation so coming to him, was not liis by right. There stood at that time, and long afterwards, a two-story brick edi- fice on the south side of Douglas Street,
THE OLD CAPITOL BUILDING.
between Fourteenth and Fifteenth Streets, which was known as the Hamilton House, an inn of no mean pretensions, the favorite social resort of citizens. To the dining room of this hotel Mr. Poppleton invited all those who in the controversy of the session had shown themselves friendly to the inter- ests of Omaha, and the festivities that ensued, enabled him without difficulty before morning, to relieve himself from any anxiety as to his having in his possession any money which rightfully belonged to another.
The contemporaneons views entertained of this singular escapade by its partici- pants, and those directly interested in it, may
71
A MANIFESTO FROM SECEDING MEMBERS.
perhaps be most satisfactorily shown by two documents which were printed during the controversy. The first is a manifesto, issued at Florence, the 9th of January, 1858, by the seceding members, and printed for gen- eral distribution as a circular:
TO THE PEOPLE OF NEBRASKA - FELLOW CITI- ZENS: The General Assembly of the Nebraska Territory is no longer able to discharge its legiti- mate functions at the Omaha seat of government. Owing to the organized combination of a minor- ity of its members. aided by an Omaha mob and encouraged by the Omaha Executive. they have been compelled to adjourn their present sessiou to the nearest place of safety. They accordingly assemble to-day at Florence, pursuant to adjournment.
The sovereign power of legislation for this Territory is now exercised alone at this place The House of Representatives, J. H. Decker. Speaker, retains twenty-four of its thirty-five, members. The Council, L. L. Bowen, President, retains nine of the thirteen members, being two- thirds of their respective bodies.
It has long been supposed that whenever the interests of Omaha became concerned, it became hazardous to attempt legislation at Omaha. The course of the minority during the whole session has been characterized by tricks and chicanery, unworthy a manly system of legislation. It culminated in violence on the 7th instant. On that day the factionists. allied with Omaha ruffians, dragged the Speaker of the House by force from his stand while attempting to discharge his duties and the Omaha mob. armed and ready for any emergency. applauded the foul act-affix- ing to Nebraska legislation an indelible stain, and covering the fair name of Omaha with inefface- able INFAMY.
Omaha can boast of having degraded the sovereignty of the people by thus exposing the person of her elected representative to the unresisted violence of an irresponsible rabble !
Omaha can boast of having arrested the whe ls of legislation at the Capital ! !
Omaha can boast of having driven the Legis- lature from the seat of government.
Yet Omaha still retains the Capital, bought with such an infamous past of corrup- tion violence and crime but the sceptre of legis- lation has departed from the ill-fated city, and the law givers from its riotous halls forever.
The issue now made by Omaha with the squatter sovereigns of the whole Territory can have but ONE solution !
The interests and the rights of the whole of the masses will no longer be made subservient to the intrigues or machinations of one locality. It is no longer a question as to the location of the city of their government merely. It has now become a question as to the right of the people to rule ! It can have but ONE answer-the majority must prevail.
The Legislature is now free from faction and from violence. Its acts will be free and untram- meled. It will finish out its organization at this place, zealously devoted to the legitimate legisla- tion required by the wants of the public and the interests of the Territory; and if such honest efforts shall fail of consummation, they will leave the whole responsibility with the accidental Executive, who, albeit not elected by or responsi- ble to the people, while clothed in a little brief authority, in the absence of the Governor, may dare to thwart their sovereign will !
For the full justification of our course we confidently appeal to our own constituencies, to whom alone we acknowledge responsibility.
The members of the llouse who signed the foregoing manifesto, were the Speaker, James H. Decker, Messrs. J. G. Abbe, W. B. Beek, W. G. Crawford, J. C. Campbell, S. A. Chambers, P. G. Cooker, E. A. Donelan, James Davidson, Joseph Van Horn, Amos Gates, W. B. Ilail, C. T. Holloway, Wingate King, T. M. Marquette, D. B. Robb, P. M. Rogers, J. S. Stewart, L. Sheldon, S. A. Strickland, J. M. Taggart, A. J. Benedict, and Alonzo Perkins. While the senators affixing their names were the President, Leavitt L. Bowen, and Messrs. Mills S. Reeves, James S. Allen, Jacob Safford, A. A. Bradford, S. M. Kirkpatrick, William Claney, R. W. Furnas and A. W. Puett.
The Omaha side of the question may be gleaned from the headlines of an extra issued by the Omaha Nebraskian on the 8th of January, 1858. These are as follows:
BORDER RUFFIANISM IN NEBRASKA ! KANSAS OUTDONE !! BOLD ATTEMPT AT REVOLUTION !!!
SPEAKER DECKER HEADING THE REVOLUTION !!!! REVOLUTIONISTS TO ORGANIZE ANOTHER GOVERN- MENT AT FLORENCE UNDER THE PROTEC- TION OF BRIGHAM YOUNG !!!!!
The Nebraska Pioneer, a newspaper pub- lished at Cuming City, in Washington
72
HISTORY OF THE CITY OF OMAHA.
County, gives the following account of the scene in the House, and of an occurrence which preceded it, as follows:
" Then commenced a scene which places border ruffianism far in the shade. One of the members from our county (Mr. Perkins) was rudely assaulted by two prominent citizens of Omaha, and it is with deep regret that we state that one of these gentlemen was a member of the Council. The war was now fairly open-Omaha against the Territory. All manner of means was used to stave off the bill, but the minority not being able to stave it off any longer at that time ' conde- scended' to allow it to be read the first time, which being done the House adjourned.
" Thursday morning the House convened as usual and went into committee of the whole on the election of a public printer, Mr. Strickland in the chair. Mr. Strickland wishing to make some remarks on the question, called Morton to the chair; the minority then boasted that they had the chair and would keep in committee of the whole the balance of the session unless the major- ity would agree to withdraw the capital bill. Mr. Poppleton getting the floor, commenced his famous speech against time; he spoke of all con- ceivable subjects except public printing. beginning as far back as Gulliver's famous history of the Liliputian war. The lobbies were crowded and Mr. Poppleton was loudly applauded by the Omaha lobby members. Leaving to get some- thing to eat, the editor of the Pioneer on his return found Dr. Thrall, of Omaha, in the chair and Mr. Clayes on the floor. Mr. Clayes asserted that it did not much matter what he said as he had to talk nine days.
"About this time a message was received and the Speaker went to the stand to receive it. Hanscom rushed to the Speaker and dragged him from the chair and after some scuffling threw him violently under a table."
Upon the whole the anti-Omaha men seem to have had the advantage in the newspaper warfare, but the citizens of Omaha could well afford to concede this advantage, hav- ing the acting Governor and the new Governor on their side. Nor can it well be doubted that under the guidance of sharp and active tacticians, the city managed throughout to have parliamentary law on her side, and that the move to Florence was a fatal one for her opponents.
But the struggle for the removal of the capital from Omaha was continned, year after year, until, in 1867, it culminated in
the appointment, by the Legislature, of Governor David Butler, Secretary of State Thomas P. Kennard and Auditor John Gillespie as a Board of Commissioners to re-locate Nebraska's seat of government. The present site of the City of Lincoln was chosen, and from that date Omaha has been relieved of what had been for a dozen years a source of bitter strife and turmoil.
The following is Nebraska's list of Gov- ernors:
FRANCIS BURT, Democrat, appointed October 16, 1854.
MARK W. IZARD, Democrat, appointed February 20. 1855.
WILLIAM A. RICHARDSON, Democrat, appointed January 12, 1858.
SAMUEL W. BLACK, Democrat, appointed May 2, 1858.
ALVIN SAUNDERS, Republican, appointed May 15 1861.
DAVID BUTLER. Republican. elected. term began February 21, 1867; re-elected in 1868 and 1870; impeached and removed in 1871; and unexpired term filled by W. H. JAMES. Secretary of State.
ROBERT W. FURNAS, Republican, elected 1872.
SILAS GARBER, Republican, elected 1874 and re-elected 1876.
ALBINUS NANCE, Republican, elected 1878 and re-elected 1880.
JAMES W. DAWES, Republican, elected 1882 and re-elected 1884.
JOHN M. THAYER, Republican, elected 1886 and re-elected 1888.
JAMES E. BOYD, Democrat, elected 1890.
At Washington, Nebraska has been repre- sented at various times by Omaha men. The first Delegate to Congress, HIon. Bird Chapman, was a resident of this city. The second, Judge Fenner Ferguson, was a resi- dent of the county. The fifth, Hon. P. W. Hitchcock-also elected Senator in 1871- resided here ; IIon. John M. Thayer, Mr. Hitchcock's predecessor in the United States Senate, was one of Omaha's pioneers. Hon. Alvin Saunders, elected Senator in 1877, was then and is yet a citizen of Omaha. Hon. Charles F. Manderson, now serving his second term in the United States Senate, resides here; Hon. John A. McShane, elected to the House of Representatives in 1886, has long been a resident of this city, as has also his successor, Hon. William J. Connell, whose term expired March 4, 1891.
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