USA > Nebraska > Lancaster County > Lincoln > Lincoln, the capital city and Lancaster County, Nebraska, Volume I > Part 12
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"As soon as the town was surveyed, there began rumors that the enemies of the enterprise were determined to defeat it if possible, and that nothing which could accomplish that end would be left undone.
"We were assured in the most reliable quarters that one of these defeating means would be the enjoining of the treasurer against the payment of money upon warrants upon the building fund, an effort which, even if the injunction had not in the end been sustained, in the ordinary course of the courts, would
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have prevented active operations until it should be too late to secure the erection of the state house.
"In consequence of this rumor, well founded as it seemed to be, hundreds of persons who would otherwise have invested largely in Lincoln lots, declined so doing ; others who had purchased or bid off lots, hesitated about paying the money and taking their certificates ; while others became so fearful of a bad result, that they even applied to the commissioners for a restoration of the amounts paid and a cancellation of their certificates.
"At this juncture some friends of the enterprise, who were sureties upon our official bond, called upon the others, and prepared and furnished us with the fol- lowing protest :
"'(Copy) "'Nebraska City, November 23, 1867.
"'To the Honorable David Butler, Thomas P. Kennard, and John Gillespie, con- missioners :
"'Gentlemen : The undersigned having become sureties on your official bonds for the faithful performance of your duties as commissioners, respectfully beg leave to formally protest against the deposit of any of the funds received by you from the sale of state property with the state treasurer, for the following reasons :
** Ist. Because it has been repeatedly intimated by the enemies of the present capital location, that all moneys so deposited will be attached and held, so as to defeat the wishes of a majority of the people of the state by preventing the erec- tion of the capitol buildings till after the sitting of the next Legislature.
"'2d. Because we, having in good faith become sureties, not as a personal favor to the commissioners, but to secure the success of the proposed location and carly completion of the capitol buildings, are unwilling that the enterprise should either be defeated or delayed by useless litigation. We therefore, respectfully but earnestly, request the commissioners to withhold the funds which may now be in their hands, as well as those which may yet be received, and deposit them with those bankers who have made themselves sureties, and who may furnish the commissioners satisfactory security for the prompt payment of the money deposited with them.
"'Very respectfully, your obedient servants, " 'D. J. McCANN. " 'FREDERICK RENNER, "'GEORGE MOHRENSTECHER, " .SAMUEL B. SIBLEY, " .H. KENNEDY, "'JOUN HAMLIN, " 'THOMAS B. STEVENSON, " 'D. WHITENGER, ".S. McCONIGA, " 'ROBERT HAWK, "'JAMES SWEET.'
"Under the circumstances which surrounded us, and being unwilling to jeopardize the money held by us as the representatives of the state in trust for the persons who had advanced it upon the risk of the success of the Town of
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Lincoln, we felt that we could not do otherwise than accede to the demand and protest of our sureties, and having made satisfactory arrangements for the de- posit and withdrawal of the funds with private bankers, we did so, and have assumed all the responsibility of the financial affairs of the enterprise.
"On June 17, 1868, we held a sale of lots at Lincoln, and realized about nine thousand dollars.
"On the 17th of September we again sold at Lincoln, and received about thirteen thousand five hundred and eighty dollars.
"At the sale in September. 1867, and June, 1868, we had offered lots only in the alternate or even numbered blocks, with - those in four odd numbered blocks to make up for half of the reserved blocks, all of which, except the courthouse square, fell upon odd numbers. At the last sale, in September, 1868, we offered the lots in the odd numbered blocks on the old townsite of Lancaster. The presumption of the authority to make this sale was upon the consideration of our occupancy of the ground. We accepted it from the proprietors as so much over the Town of Lincoln proper, and excess beyond the section and a quarter which we had located as the capital, as an addition to the town, for the purpose of having no rival in the business of selling town lots upon ground adjacent to the capitol, and where having a village already established, the proprietors could easily have derived large profits, which otherwise would have been invested with the state. Besides, the building of the town had so far been accomplished in the direction of and upon that quarter that the appreciated value of property in second hands made it so probable that we could realize more money from a few lots there than from many upon the south side of the townsite proper ; and standing in need of much more money than we had reason to believe these last-named lots would bring, we deemed it advisable to offer all that were then unsokl.
"The lots were appraised prior to the first sale, according to the law, due consideration being had to their relative situation regarding the public reserva- tion, and the probable business center, and their particular condition.
"This appraisement amounted to a total of. $68,000.00
"The appraisement on the lots sold was. 63,475.00
"The advance on appraisement at all the sales was. 13,145.75
"Making the total sales at Lincoln, September, 1867 $34.342.25
"At Nebraska City, September, 1867. 18.745.50
"At Omaha, September, 1867. 1,005.00
"At Lincoln, June, 1868. 8,970.00
"At Lincoln, September, 1868. 13.553.00
"Total $76.715.75
"AAccompanying this report. appendix marked 'B' will contain a detailed state- ment of the purchasers of lots, of the lots purchased, and their prices. ( Note: This complicated list of names and figures will not be given in this work, but is available in Volume I, Nebraska Miscellaneous Documents, at the state house. The names of the purchasers and the prices paid is given upon a following page, omitting the technical description of the lots. )
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"On the 10th of September the commissioners issued their notice to architects, inviting for a period of thirty days plans and specifications for a state house. In response Messrs. Taggart & W. R. Craig, of Nebraska City, and John Morris, of Chicago, submitted the drawings and specifications of designs. Upon the roth of October, after a careful consideration of their merits severally we decided to accept that presented by Mr. Morris, as being best adapted to the circumstances of construction and the wants of the state. On the same day Mr. Morris, having been appointed superintendent of construction, issued a notice to builders, inviting proposals for a term of three months, for the erection of the work. At the same time Mr. Morris was directed to commence such preliminary work, as excavation for foundations, delivery of material for foundation walls, and other arrangements as would facilitate the progress of the work after the contract was let.
"On the ioth of November the superintendent caused the ground to be broken, in the presence of a number of the citizens of Lancaster. The removal of the first earth was awarded, in the absence of any state officer, to Master Frele Morton Donovan, the first child born in and the youngest child of the oldest settler of Lancaster County.
"On the 11th of January the bid of Mr. Joseph Ward, proposing to furnish the material and labor and erect the building, for the sum of $49,000, was ac- cepted, and from that time forward the work steadily progressed, with a few uncontrollable delays, to the completion of the work contemplated in the contract."
CONVEYANCER'S REPORT
$.To His Excellency,
"David Butler, Hon. Thomas P. Kennard and John Gillespie, commissioners for the location of the seat of government of the State of Nebraska, under and by virtue of an act of the Legislature of said state, entitled, 'An act to provide for the location of the seat of government of the State of Nebraska, and for the erection of public buildings thereat.' Approved June 14, 1867.
"Gentlemen: In pursuance of your instructions, appointing me the examiner of the titles and conveyancer of the lands selected by your commission as the capital and seat of government of the State of Nebraska, I have the honor to submit the following report of my operations in the capacity of conveyancer on behalf of the state, as defined by your appointment.
"That on the 30th day of July, 1867, I commenced the investigation of the titles to all those certain tracts of land situated in the County of Lancaster and State of Nebraska known and described as the west half of the northwest, and the west half of the southwest, quarters of section No. 25, the east half and southwest quarter of section No. 26 in township No. 10 north of range No. 6 east of the sixth principal meridian, according to the Government survey of said state, containing 640 acres, and proposed to be conveyed by the respective owners of the state in fee simple, as a gratuity, in consideration that such lands should be selected as the townsite of 'Lincoln,' the 'seat of government of the State of Nebraska,' and found that the several owners could make a perfect title in fee simple to the state. in the lands above described, whereupon, on the 2d day of August, 1867. Jacob Dawson and Editha J .. his wife, by deed, containing covenant of warranty, conveyed to the State of Nebraska all those certain pieces or parcels
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of land situated in the County of Lancaster, and State of Nebraska, known and described as 'the west half of the southwest quarter of section No. 25 and east half of section No. 26, in township No. 10 north of range No. 6 east of the sixth principal meridian according to the Government survey, containing 400 acres,' which tracts of land now comprise part of the townsite of Lincoln; and which deed was duly acknowledged and certified and recorded in the office of the clerk of the County of Lancaster, in book 'A' of deeds at page 121. On the same day Luke Lavender and Mary, his wife, executed a deed with covenant of warranty, conveying in fee simple, to the State of Nebraska, all that certain tract of land situated in the County of Lancaster, and State of Nebraska, known and described as the west half of the northwest quarter of section No. 25 in township No. 10 north of range No. 6 east of the sixth principal meridian, according to the Gov- ernment survey of said state, containing eighty acres, which tract of land now comprises part of the townsite of Lincoln, and which deed was duly acknowl- edged and certified and recorded in the office of the clerk of Lancaster County, in book \\' of deeds at page 122; and on the same day Joseph Giles, by deed, containing covenant of warranty, conveyed to the State of Nebraska all that certain tract of land situated in the County of Lancaster and State of Nebraska, known and described as the southwest quarter of section No. 26. in township No. 10 north of range No. 6, east of the sixth principal meridian, accord- ing to the Government survey of said state, containing 160 acres, which deed was duly acknowledged and certified and recorded in the office of the clerk of Lan- caster County, in book 'A' of deeds at page 119, and which tract of land is now comprised in the said townsite of Lincoln.
"In compliance with your instructions, on the 7th day of August, 1867, I proceeded to the investigation of the title to that certain tract of land situated in tlie County of Lancaster and State of Nebraska, known as the southeast quarter of section No. 23, in township No. 10 north of range No. 6 east of the sixth principal meridian, according to the Government survey of said state, containing 160 acres, and more particularly known as the 'old townsite of Lancaster,' hav- ing in contemplation, in such investigation, as you suggested to me, the acceptance thereof as part of the townsite of Lincoln, the seat of government of the State of Nebraska, should my researches into the title prove satisfactory to the state in regard to the result of such investigation, I beg leave to refer you to my communication addressed you on the subject. which was as follows:
"'Lancaster, August 10, 1867.
"'Messrs. Commissioners of Location of the Seat of Government of the State of Nebraska.
"'Gentlemen : Having examined into the titles covering the townsite of "Lancaster," I find that the land was entered at the United States Land Office by Julian Metcalf, Esq., of Nebraska City, to whom it has been patented by the general Government. Mr. Metcalf afterwards conveyed to Rev. John M. Young, of this place, by whom the townsite of Lancaster was surveyed and platted as a townsite. A portion of the lots in the townsite have been conveyed, by Mr. Young, to the County of Lancaster, a portion to the Lancaster Seminary Associa- tion and other portions to Prof. Jason G. Miller, and other individuals, while these grantees of the original townsite proprietor have parceled out the lots to various parties, by conveyances that are more or less defective, and in some
ยท
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instances so informal and defective as to be absolutely inoperative as convey- ances of real property. The owners are so scattered throughout many states, and their places of residence unknown to residents here, it will be very difficult, if not impossible, in the short period to intervene before the location must be se- lected, as directed by the statute, to secure such title to the land as the act con- templates shall be vested in the state.
"'I would therefore respectfully recommend that, in as much as the state now holds title to "not less than six hundred and forty acres," the amount of land required by the act, that Lancaster be accepted only as an addition, as it were, to the townsite of Lincoln, under an arrangement to be made with the several owners thereof, that at least seven-eighths of the whole townsite should be released by them to the state, and that it shall be surveyed to conform with the survey to be made of "Lincoln," this, with the townsite proper of Lincoln to be platted as "Lincoln," and the legal and equitable owners of lots in Lancaster, who cannot afford to, or will not release to the state, to be assigned lots, in the new survey of old Lancaster, as such part of Lincoln, as near as possible the original lots they respectively owned in Lancaster, and of the same specified area, upon their signing an agreement to submit to a resurvey and releasing their interest in Lancaster townsite on receiving a deed from the state for the lots so assigned to them.
"'In view of the distrust felt among the people, as to the success of this "capitol move," I believe this would enable the commissioners to realize a much larger sum on the sale of lots, as the whole number of lots on old Lancaster belonging to the state could be sold, without violating in letter or spirit the law under which you are acting; and is necessary in order to realize the requisite funds to successfully carry forward the object of your commission.
"'As to making the northwest quarter of section 26, township Io, north of No. 6, east of the sixth principal meridian, known as part of the Saline lands of Nebraska, a part of Lincoln, I would respectfully recommend that it be surveyed and platted as a part of the townsite, but, it would not be advisable to offer any of the lots at the sale unless at the time of the sale the title shall have been confirmed by the General Government to the state, for until that shall be done, these lands cannot be regarded under the law, as "the property of the state," and until such confirmation, the state cannot convey title to the purchaser.
"'I find that Mr. Giles, Mr. Dawson, and Mr. Lavender's titles to the 640 acres, proposed to be conveyed to the state by them, for the capital is perfect, and have therefore taken the necessary deeds to the state and had them recorded. "'If you should conclude to adopt my suggestions in regard to "old Lan- caster" townsite, I will proceed to gather in the conveyances and title thereto, to the state.
"'I am very respectfully, " 'JAMES SWEET.'
"That upon receiving a reply to such communication, requesting that the title to 'old Lancaster' should be investigated and secured to the state, as far as possible, I proceeded with the search and found on record, title deeds to E. H. Hardenbergh, Charles Crawford, Jacob R. Hardenbergh, Martin Pflug, William T. Donovan, Minnie E. Jennings, George B. Hardenbergh, S. B. Galey, Lancaster
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County, Lancaster Seminary Association, M. A. Bridges, Jason G. Miller, James Sweet, George H. Hilton, Charles Bloyd, G. W. Merrill, and Nancy Mckesson, under which deeds of conveyances, the whole of the lands, covered by the town- site of Lancaster, were held, and also, there were several outstanding certificates of purchase for lots in the townsite, executed by various parties, grantees in the deeds above referred to, whose names will fully appear in the schedule hereto annexed, marked 'G,' to whom it was agreed lots in the new survey of Lancaster as part of Lincoln, should be conveyed as equivalent for their respective interest in Lancaster townsite.
"I immediately entered, on behalf of the Commissioners, into an agreement with the majority of the owners, legal and equitable, of the lots in Lancaster townsite, to submit to a resurvey of that townsite as a part, or addition to the town of 'Lincoln,' and upon conveying to the state their respective interests in Lancaster, to receive deeds from the state, to them respectively, for lots in that part of the town of Lincoln covering the townsite of Lancaster, at, or as near as practicable, the site of their original lots, which agreement is hereto annexed, marked schedule 'F'.
"I then entered upon the duty of obtaining title deeds from the respective owners of the lots in Lancaster, for the lots by them owned, to the state, and under such arrangement, the following named persons executed deeds to the state :
"Jason G. Miller and Mary P., his wife; Lancaster County ; Lancaster Sem- inary ; John M. Young and Alice, his wife; William A. Bridges and Mary A., his wife; Nancy A. Mckesson and John M., her husband; Milton Langdon and Ann M., his wife ; James Sweet and Clementine E., his wife ; Charles Crawford; and William W. Dunham and Mary E., his wife; which deeds cover the whole title to said townsite of Lancaster, except to lots 3. 4, 5 and 6, in block No. 36, and lots No. 1 and 2, in block 48, owned by G. W. Merrill, whose place of resi- dence I have not been able to ascertain, and for whom 1 hold a deed, executed by the state, to said Merrill for lots Nos. I and 2 in block No. 15 and lots Nos. 9, 10, 11 and 12 in block No. 27, in the townsite of Lincoln, to deliver to him as an equivalent for his said lots in Lancaster ; and except to lots No. 3 and 4 in block No. 8 in the townsite of Lancaster, owned by Charles Bloyd, from whom I have not been able to obtain a deed to the state, but am informed he is ready to execute such deed, whenever 1 shall be ready to meet him, for whose interest in such lots I hold a deed, executed by the state, to said Bloyd, for lots Nos. 11, 12, 13 and 14 in block No. 45, in the townsite of Lincoln, as an equivalent for his interest, as aforesaid, in old Lancaster ; and except to lots No. 1 and 2 in block No. 23, in said Lancaster, to which lots the legal title rests in Mrs. Minnie E. Jennings of Lincoln, subject to the lien of a mortgage in process of foreclosure, held and owned by William A. Brown, of Nebraska City, and on account of the conflicting title to and lien on such lots, I have not been able to secure the execution of a deed from all the parties interested therein to the state; therefore, I have procured a deed to be executed by the state, to Mrs. Minnie E. Jennings, to lots No. 1 and 2 in block No. 33, in Lincoln, as an equivalent for said lots 1 and 2 in block 23, in lancaster, to be delivered whenever she shall convey or cause to be conveyed to the state, a good title to the lots last above described.
"In my examination into the title to Lancaster townsite. I discovered that
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Mrs. Julian Metcalf, as the wife of Julian Metcalf, possessed an inchoate right of dower in all the lands comprising the said townsite of Lancaster, and therefore procured to be executed and delivered to the State of Nebraska, by Julian Metcalf and Julia B., his wife, a release of all their right, title and interest in and to the lands, covered by such townsite, which deed of release was duly acknowledged, certified and is on record in the office of the clerk of Lancaster County.
"I have caused all the conveyances so executed to the state, together with the patents for the land, and certificates of entry, to be recorded in the office of the clerk of Lancaster County, and have deposited the same with the other muni- ments of title, in the office of the secretary of state.
"All of which is respectfully submitted, "JAMES SWEET."
REMOVING THE STATE ARCHIVES
On a December morning in the year 1868 six four-horse teams left Lincoln for Omaha to procure the state archives and bring them to the new capitol here. After a hard day's drive they arrived at Ashland, then a woe-begone hamlet with a tenement. After resting here the caravan crossed the Platte River at Forest, several miles north of Ashland. The ice proved very troublesome at this crossing, also the ferryman, but eventually they reached the eastern side and bivouacked for the night around a straw stack in the brush. The next morning the party pro- ceeded upon the journey and in the afternoon arrived at the old Douglas House in Omaha.
Omaha at this time was enduring a boom, due in great part to the coming of the transcontinental railway. From the river to capital hill the streets were filled with men carrying packs, dressed in frontier style ; stalking Indians, new business men, women of the demi-monde, and in fact all the different characters one might associate with a frontier town such as Omaha. Dancehouses, saloons and gambling dens were thick. All Union Pacific trains starting for the West were guarded by Pawnee scouts against the Sioux in Western Nebraska.
The Lincoln party found Auditor Gillespie and then started preparations for moving the archives. There were stoves, furniture, records, blanks, books, boxes of paper and the state library to pack and most of it was encased in convenient shoe boxes. The wagons filled, the procession moved down Farnum Street, where U. S. Marshal Yost met them and added a barrel of cider to the load, labeled T. P. Kennard. The overland train soon left the city of Omaha behind and, after encountering a warm rain and muddy roads, arrived at Bellevue just at night- fall. The next night was spent at Kimball's Ferry, three miles above La Platte. The Kimball brothers were grafters of the worst kind and, in order to hold the party up for fees, purposely broke the pulley wheel on the ferry. At this point the Lincoln men were joined by Tom Keeler, a desperado, afterward killed by Dan Parmalee at Elkhorn. Keeler volunteered to see that the party was taken across the river in the morning. The Kimballs were afraid to bring down the wrath of the noted Keeler and loaded the teams and wagons upon the ferry, after fixing the pulley wheel. In midstream a cake of ice struck the boat and they were driven upon a sand bar, and prevented from reaching the south bank by 100 feet.
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The teams were driven off the ferry into two feet of water and forced to the shore. Shortly afterwards the train met a blinding storm and was delayed. After a night spent in a log house on the present site of Greenwood, and breakfast there, the six wagons proceeded to Lincoln, where the archives of the state were installed in the state capitol.
CHAPTER VIII
JOHN MORRIS' REPORT ON STATE HOUSE CONSTRUCTION
"To His Excellency, the Governor, and the Honorable, the Commissioners for locating the Capitol and building the new State House-
"Gentlemen : The plan submitted by me in competition for the new state house having received the favor of your approval and adoption, and having also received your instructions to make preliminary arrangements for an early and energetic progress of the necessary works in the erection of the building accord- ing to the plan submitted, I immediately put forth advertisements for bids for the construction, in accordance with the statute wherein it is required that three months should be allowed to contractors for making their estimates and submitting offers. As the time for building so as to be ready for the next general assembly would be limited, I. with your approval and directions, committed to Mr. Joseph Ward, of Chicago, the charge of taking such measures in anticipation of a con- tract as would facilitate the progress of the building, during the three months intervening before a contract could be legally entered into, and about the middle of the month of November, 1867, excavation for the foundation and the sinking for a well was begun and was continued. Such material was delivered about the beginning of December, a small quantity of blocks of limestone was delivered, which was got from the quarry, donated by Mr. Mills, to the use of the state. to supply stone for the state house, and the stone cutters brought from Chicago were set at work on the roth of the month. The excavations were mostly done, the basement walls were built to the height of four feet eight inches, and the founda- tions of a part of the north end were done during the month of December. From the 7th of January, 1868, till the 20th of February, stone cutting and quarrying and delivery of rubble stone was all that was in progress. In the meantime the period for receiving bids for the execution of the works having expired on the IIth of January, I then received an offer from Mr. Ward to do the work accord- ing to the plans and specifications for $49,000.00 and there being no other bid the contract was awarded to him. Very shortly after the contract was made the supply of limestone for cut work began to fail and the quality of the stone to deteriorate to such an extent that the expenses upon the cost of the stone for cut work were more than doubled, nor could the supply be furnished sufficiently fast to admit of the building being erected within the required time. I should state here that the cause of this increase in cost and delay arose from the fact that two upper strata of stone which had been calculated on for use, were found to be worthless for cut work. and yet had to be removed before good stone could be got. There was about ten feet of earth stripping, then two strata of bad stone, then fourteen inches of shale, and below this was only one stratum of good stone about
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