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became acting governor, as the bill provided. By the hand of the latter the wheels of govern- ment were set in motion. First, districts were laid out in order that a census might be taken. After the population had been ascertained, the FIRST thirteen councilmen and twenty-six rep- STEPS. resentatives were apportioned for election among eight districts or counties.1 Ou elec- tion day, December 12, not only were members of the legislature selected, but also a delegate for Congress. The returns showed a voting popula- tion of 800, but some allowance must be made for the tendency of non-residents to come across the river to vote. The acting governor assigned the three judges to districts, set the time for holding terms of court, and appointed county officers. Members of the legislature were duly elected, and the government of the Territory had started.
The history of the legislature of the Territory
1The following shows the first eight counties, with the vote of each for delegate to Congress, and the number of councilmen and representa- tives assigned :-
NORTH PLATTE
SOUTH PLATTE
COUNTY
VOTE
No. Conn.
No. Rep.
COUNTY
VOTE
No. Coun.
No. Rep.
Douglas.
297
4
8
Cass
130
1
Burt
57
1
Pierce.
1.8%
3
Dodge.
14
1
Fortney
1
Washington ....
34
1
Richardson
1
402
7
14
309
6
9
There was from the start a struggle for the capital between the vari- ous places, especially between the regions north and south of the Platte. These figures are of use in the study of that subject.
52
History of Nebraska.
consists of twelve regular sessions, of which the first began January 16, 1855, and the last one January 10, 1867. The time of meeting was often changed, however. The second session be-
gan in December, the third in January,
LEGISLA-
TION. and the fourth in December. From the fourth to the eighth sessions inclusive, the open- ing day fell in the latter part of the year, while for the four remaining it was changed back to January. From 1855 to 1867 twelve yearly ses- sions were held, with the exception of the year 1863.1 The membership of the house of represen- MEM- tatives was increased from twenty-six to BER- thirty-five at the second session, and later SHIP OF
LEGIS- to thirty-nine, the limit set by the Kan- LA-
TURE. sas-Nebraska Bill. There was no change in the number of members in the council.
Law-making in a territory is different in many respects from the same thing in a state. In the latter, the power of the body that makes the law is very much restricted by the constitution. In almost every state in the Union there is a long list of subjects concerning which the legislature is forbidden to make special laws. It is GENER- AL AND thought better to make general laws that SPE- apply to all the cases of the same kind. CIAL
LAWS. For example, the legislature of Nebraska is forbidden to make a charter for any particular city. But a law may be made applying to all the
I This was in the middle of the war, when money was scarce. The financial reason is the only one assigned for the failure to hold a session in that year.
53
The Territory of Nebraska.
cities of a certain class, the class being deter- mined by population. But the territorial legisla- ture was not restricted at all in this regard, and laws upon all sorts of special subjects are found in the statutes. Divorces were granted by act of the legislature, every town was formed by a sep- arate law, and the territorial assembly smiled upon every academy and "university," which lived, per- haps, only upon paper. But the Territory of Ne- braska did not continue through the whole period to make law in so clumsy a manner. Grad-
DEVEL-
OP- ually the work of legislation was made MENT
TO GEN more expeditious by the passage of general ERAL
LAWS. acts on various subjects. A law of 1864
gave the courts jurisdiction of the subject of di- vorce. Another law was passed by which compa- nies could be organized by taking certain legal steps, instead of asking the legislature to attend to every individual case. By one of the acts at the first session, a great part of the statutes of Lowa became the laws of the Territory. This is a good illustration of how a newly organized com- munity gets its laws. At first all the states had a common model to follow in the English Statutes, which had accumulated for many centuries. But as soon as one state had excellent laws, it was an easy matter for another state to adopt them. This adoption of statutes has prevailed to a large ex- tent in the western states, where the laws of New York, Pennsylvania, Ohio, and Michigan have re- peatedly been copied. Part of the Iowa laws
54
History of Nebraska.
thus brought into Nebraska defines crimes and their punishment, and part of them regulates civil processes, such as the manner of bringing suits, etc. The former is called a criminal code and the latter a code of civil procedure. The territo- rial legislature at its third session foolishly re- pealed both these and left no others in place of them. Governor Cuming told the fourth REPEAL OF THE legislature that the laws were "limited, LAWS. confused, and contradictory," and that
careful legislation was necessary. The question of the removal of the capitol was uppermost in the minds of the representatives, and adjournment came without the needed laws. In the autumn of 1858, Govenor Richardson called the legislature in special session, three months before the regu- lar time, principally to pass laws in place of those that had been repealed. Many of the OF THE criminal laws enacted at this fifth, or spe- ACTS FIFTH SES- cial session, remained in force until 1873 ,
SION: when the criminal code of Ohio was adopted. At the same time civil laws also were passed, which were re-enacted in 1866.
The earliest liquor law of Nebraska was the most stringent. The first legislature in 1855 pro- , hibited not only the manufacture of liquor in the
AN
Territory, but also selling, exchanging,
EARLY and giving intoxicating drinks. In 1858 LIQUOR
LAW. this was modified by a license law. Slav- ery in Nebraska and Kansas is of special inter- est. In Kansas was fought the real battle of the
55
The Territory of Nebraska.
frontier, between the slavery and anti-slavery fac- tions, and one can appreciate the victory only by reading the history of that time. Nebraska Terri- tory knew little of the conflict because slave labor SLAV-
was unprofitable so far north. Yet there ERY. were some slaves even in the small settle- ments here, for the territorial officers who came from the Southern States brought slaves with them. Opinions on both sides of the question are found in the Journals of the legislature. There were attempts to make it unlawful for a free negro to settle in the Territory, and bills were introduced to prevent slavery altogether within the limits of Nebraska. The history of the Terri- tory is closely connected with the subject of abo- lition, in the career of John Brown, who spent much time in the southeastern counties just be- JOHN fore the war, helping fugitive slaves to BROWN · escape from Kansas by his so-called "un- derground railway." This was a special route, of which Falls City was the first station in the Territory, and Nebraska City or Brownville the second, where runaway slaves crossed the river on their way to Canada. By this means many a ne- gro sought and gained his freedom.
The Federal Government paid the salaries of the governor, secretary, judges, and members of the legislature, while the attorney-general and FINANCES. marshal received only fees. For this reason, the expenses of the territory were comparatively light. It seems that the lands re-
56
History of Nebraska.
served for school purposes could not be used dur- ing the territorial period.1 This threw the ex- pense of establishing a school system upon the people, which with other matters of expenditure caused a small debt to accumulate. It is
DEBT.
easiest for a city or state to raise money by issuing bonds bearing interest for a number of years. The territory did this, but the debt in- curred was never large. Resources were usually larger than liabilities in the accounts of the treasurer and auditor. The laws of the Territory REV- concerning taxation were poor, so that ENUE
LAWS. money came into the treasury slowly. Governor Cuming spoke of the revenue laws in his message to the fourth legislature, as "inappli- cable and almost inoperative." Of course the taxes increased with the growth of population. The financial reports show that all the money paid in 1856 came from three counties and amounted to $1,236.00. The annual revenues for ten years,
What beginning with 1856, averaged over $10,-
Does a 000.00. In 1865 the annual taxes had Territo- rial Gov reached nearly $54,000.00. This may be ernment
Cost? said to be what it cost the people directly
There to carry on the territorial government. are many other things, however, that should be added to this to find the real cost, such as the fees received by the attorney and marshal. There may also be added to the territorial ex- penses paid by the people the annual appropriation
1 Governor's Message, 9th session.
.
.
57
The Territory of Nebraska.
by the Federal Government of about $17,000.00 for salaries, and large amounts for improvements. Among the latter was an item of $50,000.00, granted for a road between Omaha and Kearney. When a movement was started to form a state government, opponents argued that a territory costs less than a state. In the case of a country like Nebraska, into which the tide of population was fairly rushing, the expenses of the territory and of the state which follows are not to be compared.
Life in the Territory of Nebraska was not with- out its exciting political quarrels. The most bitter fights in politics are over the location of county seats and state capitals, and this was sadly true here. The death of Governor Burt, who in-
THE tended to make Bellevue the capital, gave
CAPI- the acting governor an opportunity to de- TAL
FIGHT. cide upon Omaha instead. Intense feel- ing was aroused at once. From this time on the Territory never lacked sites for the capitol. The pull was both north and south, to Florence, Platts- mouth, Nebraska City, and the interior of the country. In 1855, 1857, 1858, and 1867, the strife between the North and South Platte regions was mentioned with regret by the governors in their messages to the legislature. One gov- ernor argued that a bridge across the Platte would tend to allay the feeling. At the fourth session, part of the legislature actually withdrew to Florence, north of Omaha, but the move was
53
History of Nebraska.
unsuccessful. A bill had been introduced into the previous legislature, 1857, concerning a re- moval of the capital from Omaha to a town by the name of Douglas, Lancaster County, which ex- isted only on paper. A writer who took part in the politics of that time says that the apportion- ment of members for the first legislature was made in such a way that the members would sus- tain Governor Cuming's decision, when the ques- tion of the location of the capital came before them.1
The wonderful settlement of the western coun- try is naturally a subject of inquiry. What led people westward in such numbers? The discovery of gold in California late in the forties first in- duced people to turn their faces toward the Pa- cific. Five or six years after this, the Kansas- Nebraska bill by its prominence advertised the Great Plains, and in 1859 gold was discovered at Pike's Peak. The effect of this discovery, RAPIDI- coming during hard times, was probably CAUSES, TY, AND EXTENT much greater than it otherwise would have OF SET-
TLE- been. The exceptional advantages offered MENTS. to all classes by a new country accounts largely for the tide of immigration. The pre-emp- tion and homestead laws of the United States served to bring the matter of lands and homes more sharply to the attention of eastern citizens
1 J. S. Morton, in State Hist. Soc. Pub., III., 103. A comparison of each apportionment and the political majorities of the counties in each district afford room for special study. See Fiske, Civil Government, 216.
59
The Territory of Nebraska. .
and promised them undisputed possession of west- ern farms. The rapid settlement of Nebraska, too, was made, notwithstanding the unfavorable opinion in the East about the quality of Nebraska soil. Had the toiling farmer of New York and Ohio known that in a few years Nebraska would out- rank all the other states in its yield of corn per acre, would not the rate of immigration have been more surprising ? The settlements, as a rule, pro- ceeded from the Missouri River westward. Some particular circumstance here and there, such as the location of a fort, led settlers to go far out on the frontier to make homes for themselves. There was also a tendency to settle near the usually trav- eled wagon routes, along which freighters stopped on their way to Pike's Peak, Utah, and California. In 1859 the white population extended from the river 140 miles westward, and the number of counties had grown from eight in 1855 to thirty- five four years later.
In this first decade great strides had been made towards accumulating material wealth and estab- lishing prosperous homes. Population had in- creased marvelously. Assessors' rolls for the year 1866 showed a million and a half of dol- WEALTH OF THE lars invested in merchandise, $143,000.00
TERRI-
TORY. in manufactures, and upwards of $85,- 000.00 in household furniture. For that time such material progress means much. Agriculture was firmly established, and the richness of the soil of Nebraska was abundantly proved. The value
60
History of Nebraska.
of farm stock lacked little of three million dollars. Altogether the wealth of the Territory was placed at eighteen millions. -
61
The State.
IX .- THE STATE.
Before the Territory was scarcely five years old, the question of changing to a state govern- ment began to be discussed. The greater part of
FORMA- TION.
the message of Governor Black to the leg- islature in December, 1859, was devoted
to it,1 and that body passed a bill provid- ing for an election in March, 1860, to decide whether or not a state organization should be effected." The vote of the people favored the con- tinuance of the territorial form. The
FIRST AT- subject appears not to have been dis- TEMPT. cussed seriously for four years. In Feb- ruary, 1864, the legislature asked Congress to permit Nebraska to become a state,3 and about two months later their petition was granted in the passage of an "Enabling Act." However
ENA- BLING the only action taken in Nebraska under ACT.
this provision was to elect members to a convention, which met and adjourned without ac- complishing its purpose. The legislature did not discuss the subject again until the session of 1866. This time it was left to no "constitutional convention" to draw up a constitution, but that work was done by a committee and was submitted
1 Council Journal, 6th Sess , 15-22.
2 Laws of Territory, 1860. pp , 45-4S. Johnson, Hist. of Neb., 120. 3 Laws of Territory, 1864, pp., 282, 283.
62
History of Nebraska.
to the people for approval on June 2.1 The con- test was very close and exciting, and the new form of government was adopted by a majority CONSTI- of only one hundred out of nearly 7,800 TUTION OF 1866. votes cast.2 Two political parties, taking opposites of the question, nominated full sets of officers and completed a thorough organization. The republicans favored and the democrats op- posed the adoption of the new constitution. In their stump speeches the orators talked only about the advisability of state government or no state government, but the political leaders were mainly concerned with the effect of the issue upon na- tional politics.
From the election in June until early in 1867, Nebraska had both a territorial and a state form
of government. The authorities of the
TWO Territory continued in office, and the ter-
LEGIS-
LA- TURES
ritorial legislature, on January 10, 1867,
AT ONCE. met for its twelfth and last session. Mean- while, the new state legislature had its first meeting July 4, 1866, and was again called to- gether February 20, 1867, only two days after the last territorial legislature had adjourned, in order to accept a certain requirement imposed by the Federal Government.
The constitution of 1866 was not satisfactory to a large number of people, so that a convention to draw up another was authorized by the
1 Council Journal, 11th Sess., 129, 170, 184.
2 Johnson, Hist. of Neb., 128. Vote: 3938 to 3838.
63
The State.
legislature at its eighth session.1 The election of
NEW CON- members of the convention came in May.
STITU- The document which they drew up was
TIONS. submitted to the people for their approval, September 19, 1871. Several amendments were
ONE proposed, each of which aroused the oppo- PRO- POSED sition of a particular class. One pro-
IN 1871. vided for the taxation of church property, another for compulsory education, and a third that counties and cities should not vote aid to cor-
porations, such as railroads. Five such amend- ments were voted on separately, and all were re- jected along with the constitution itself.2 Four
ONE years later, on October 12, 1875, the peo-
ADOPT- ED IN
1875, ple adopted a more satisfactory constitu-
tion. 3 At the same time two separate propositions voted upon were also approved. The constitution of 1875 went into effect November 1, of that year, and still continues almost unchanged (1892).
From 1866 to 1891 inclusive, twenty-two ses- sions of the state legislature have been held.'
1 Statutes, 1871, 63-66.
2 Vote: for, 7986; against, 8627. Johnson, Hist. of Neb., 145.
3 Vote: for, 30202; against, 5474. Johnson, Hist. of Neb., 151.
+ The following nre the twenty-two sessions. Those marked * were special or extra sessions :
1. July 4-11, 1866. 11. January 7-Feb. 25, 1875.
*2. Feb. 20-21, 1-67. ¥12. Dec. 5, 1876.
3. May 16-June 24. 1867.
*4. Oct. 27-28, 1868.
5. Jan. 7-Feb. 15, 1869.
*6. Feb. 17-March 4, 1570.
*7. March 4. 1870.
*17. May 10-24, 1582.
18. Jan. 2-Feb. 26. 1883: 42 days.
19. Jan. 6-Mar. 5, 1$85: 43 days.
20. Jan. 4-Mar. 31, 1887: 61 days.
21. Jan. 1-Mar. 30, 1889: 67 days.
*10. Mar. 27-29, 1873.
*13. Dec. 5, 1976.
14. Jan. 2-Feb. 15, 1877.
15. Jan 7-Feb. 25. 1>79.
16. Jan. 4-Feb. 26. 1881: 40 days.
8. Jan. 5-Mar. 28; May 30-June 6, 1871.
Sth Adjourned. Jan. 9-19, 1872. 9. January 9-Mar. 3, 1873.
22. Jan. 6-April 4, 1891: 71 days.
64
History of Nebraska.
The first constitution allowed biennial sessions of LEGISLA- forty days each, which was not changed TURE. by the constitution of 1875. There were several special or "called" sessions, and one "ad- journed " session, which varied somewhat in length. Nine meetings were very short.1 The
SHORT seventh met but one day, and the twelfth SES-
SIONS. and thirteenth were both held on the fifth
of December, 1876.2 As the state grew in popu- lation and wealth, its interests largely increased and the legislature found it difficult to transact all the necessary business in the allotted forty days. This length of time was exceeded by two
CHANGE days at the eighteenth session, and by
IN NUM- BER OF three days at the nineteenth session. At DAYS.
the latter meeting, in 1885, an amendment to the constitution was proposed by the legislature, making sixty days the length of a session instead of forty. At the election of 1886, this was voted upon and carried.3 The last three legislatures sat for sixty-one, sixty-seven, and seventy-one days respectively.
Under the first constitution the number of sen- ators was fixed for ten years at thirteen, and the
1 These were 1st, 2d, 4th, 7th, Sth Adjourned, 10th, 12th, 13th, 17th. 2 The governor brought the legislature together on the morning of that day to canvass the votes for presidential electors. This was ac- complished, the result showing the election of Amasa Cobb, A. H. Con- ner, and S. A. Strickland. A question had arisen concerning the eligi- bility of Mr. Cobb to be an elector, and the governor convened the legis- Jature again at 3 p.M. of the same day, to settle this matter and to canvass the votes for state officers. This was all the business done at the twelfth and thirteenth sessions. Senate Journal, 12-14 Sess., 1-33.
3 Session Laws, 1885, p. 435. House Journal, 1887, pp. 969-972.
65
The State.
1 number of representatives at thirty-nine, the
MEM- limits of membership being twenty-five BER-
SHIP. and seventy-five. By the constitution of 1875 these limits were increased to thirty-three and one hundred. The full numbers are now · elected.
The seven governors that have been elected in the State have each served two terms, on the average.1 Since 1867 the duties of governor have seldom devolved upon acting governors, while in GOVERN- the Territory the acting governor was
ORS. often in office. Under the constitution of 1866 the secretary performed the duties belong- ing to the head of the State, if the latter died or was removed. This happened in 1871, when Governor Butler was impeached. W. H. James took his place, remaining in office until the term of the next governor began, in 1873.
During the territorial period and also the early years of state history, there were three JUDI- judicial districts. In 1883 the number
CIARY. had increased to ten, and in 1891 to fifteen. The supreme court has remained, from the beginning of the Territory in 1854, a body of three members.2 The two senators al-
1The list is as follows:
1 .- David Butler, Feb. 21, 1867. 4 .- Albinus Nance, Jan. 9, 1679. 2 .- Rob't W. Furnas. Jan. 13, 1873. 5 .- James W. Dawes, Jan. 4. 1883.
3 .- Silas Garber, Jan. 11, 1875. 6 .- John M. Thayer, Jan. 9, 1887.
7 .- James E. Boyd, Jan. S, 1891.
2 The chief justices of the State have been as follows :
1 .- W. A. Little, 1.66. 6 .- Amasa Cobb, Jan. 1, 1884.
2 .- O. P. Mason, 1×66. 7 .- Samuel Maxwell, Jan 1, 1SS6.
3 .- G. B. Lake, Jan. 16, 1873. 8 .- M. B. Reese, Jan. 1, 1%ss.
4 .- Daniel Gantt, Jan. 3, 1878.
9 .- Amasa Cobb, Jan. 1. 1\90.
5 .- G. B. Lake, Jan. 1, 1882.
10 .- Samuel Maxwell, Jan. 1, 1992.
5
66
History of Nebraska.
lowed by the constitution of the United States
MEMBERS have represented Nebraska in Congress OF CON- from the time of its admission,1 but the GRESS. number of congressmen has increased from one in 1867, to six in 1893.2
Only the few who handle the money of a great state or keep its accounts, know how much gov- ernment costs and wheuce the money
FINANCES comes. Consideration of the system of taxation is better left to the pages of civil gov- ernment, but it is quite fitting to inquire at this place how much money, in fact, is annually used by the State. The cost of a territorial govern- ment was seen3 to be very small, because it is more simple, and also because part of the expense falls upon the Federal Government. The num-
1 The list of senators is as follows :
John M. Thayer. 1×67-71. Alvin Saunders, 1×77-S :.
Thomas W. Tipton, 1567-75. C. H. Van Wyck, ISS1-87.
Phineas W. Hitchcock, 1>71-77. Charles F. Manderson, 1883-1889.
Algernon S. Paddock. 1875-S1. Algernon S. Paddock, 1887-93;
Charles F. Manderson, 1889-95.
2 The congressmen have been as follows :
XXXIX. Congress T. M. Marquett, (1867.)
XL .- XLH.Congress. John Taffe, (1867-73.)
XLIII-XLIV. Congress. Lorenzo Crounse, (1873-77.)
XLV. Congress. ( Frank Welsh, { (1877-79.)
? T. J. Majors, S
XLVI .- XLVII. Congress .. E. K. Valentine, (1×79-83.) 1st Dist .- A. J. Weaver
XLVIII. Congress 2at Dist .- James Laird (1SS3-85.) 3d Dist .- E. K. Valentino
XLIX. Congress
Od D st .- James Laird. (1SS5-S7.)
3d Dist .- W. E. Dorsey
1st Dist .- James A. M.Shane ..
L. Congress 2d Dist .- James Laird. (IS:7-89.) 1:d Dist .- Geo. W. E. Dorsey
[Ist Dist .- W. I. Connell
LI. Congress
:d Dist .- G. L. Laws. -(1889-91.) (:d Dist .- Geo. W. E. Dorsey ... (Ist Dist .- W. J. Bryan.
LII. Congress
{ 2d Dist .- W. A. MeKejghan .. (IS91-93.) [8d Dist .- O. M. Kem 2 Above, p. 56.
Ist D'st .- A. J. Weaver
67
The State.
ber both of people and officers is small. All the life of the territory is on a less extensive scale. As a state grows in population, the privations of frontier life give way to a greater prosperity, at- tended with luxuries. First, then, what does a state government cost? The auditor makes his reports every two years, and it is most COST OF
ASTATE convenient to divide the time from 1569
GOV-
MENT. to 1890 into eleven periods of two years each. For one of these, on the average, over two million dollars has been paid out, an annual expense of one million dollars. In the two years 1869 and 1870 the cost was $997,600.00. In the years 1889 and 1890 it had increased to $3,848,000.00. But this expense does not fall more heavily upon the citizens of the State, than did the small expense of the Territory upon its citizens, because there are more to share it.
The funds of the state come partly from direct taxes collected in each county and paid into the SOUR- CES OF state treasury, and partly from lands REV-
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