Omaha Daily Bee Newspaper, March 1, 1892, Page 9

TWELVE PRGES TWENTY—FIRS THE From Territorial THE OMAHA DAI YEAR. STORY OF NEBRASKA Statehood. TWENTY.FIVE Narvelous YEARS Developnmient of Material Wealth IN THE UNION and Natural Re- scurces—March 1, 1867 to March 1, 1862—Epochs in Her Politi- cel History—Reminiscences of Territorial Days—How a State Out by On the 1stday of March, Andrew Johneon, president of the United Stutes, 1ssuea the proclamation by which Nebraska was admitted into the sisterhood of states, The quarter-centennial anniversary of this momentons event Is an oceasion that justifies a retrospective view of the events that have trauspired since Nebraska discarded ber ter- ritorial swaddlivg clothes and assumed her rightfvl position among the great common- woalths that make up the galaxy of United States. Itis meet and propor for Nobraskans to take an inventory in this day of the wonder- ful development of a quarter of a century. This can best be done by comparative exhib- its of the population, industrial and commer- cial evolution, educational, benevolent Institutions, agricultural re- sources, and producing capacity of the state. Tue BEE in this issue presents a carefully prepared and unbiased recital of the consti- tutional geness of Nebraska from the day she was carved out as a territory up to the present. This historical research has been supplemented by chapters of unwritten or partially written history of political struggles and events in the early years of statehood, luding the contest over the constitution of 1 and the impeachment trial of David Butler. Incidentally we present also a cursory review of legislative sessions, with the names of eminent Nebraskans who have served in tbe law-making and oxecutive branches of territorial and state government and the men who have represented Nebraska ‘ln the national legislature. Last, but not least, we print comparativo tables and exhibits of population, school at- tendance, ussessed valuations of property, and aggregate of products of the farm and cattle ranch. These facts and figures are necessarily condensed into a limited syace, but they will be found very instructive. They exhibit the mighty strides which the state has made in the pust - twonty-five years, and convey a clear idea of the tremendous tide of human energy which has set westward since 1867, 180 rengious and Nebraska as a Terrltory. Although the act creating the territory of Nebraska becamo u law on May 80, 1854, it was not until October ot that vear that the officers appointed by President Pierce reached Bellovue, then the ouly village of | gny pretention in the territory.These oficers were: Governor, Francis Burt of South Carolina; secretury, Thomas B, Cuming of Towa; chief justice, Feuner IFerguson of Michigan: associute justices, J.mos Brad- loy of Indianu and Bdwin R. Hardin of Georgla; marshal, Mark W. Izard of Ar- kansas; attorney, Experience Estabrook of Wiscousin. Governor Burt died October 18, eloven aays aftor his arcival, By virtue of his office” Sec tary Cuming assumed the “uties of the executive avd on the samo day astued the first proclamation promulgated in the ne 'y. It contained the ofcial announcement of the death of Governor Burt and directed that the outional colors within the territory be draped in mourning No sooner bad tho proper respe paid 1o the territory’s distinguished deaa than the affairs of the living pushed them- selves into prominence, A capital for the new territory was to be selected and the wheels of government set In motion. The smbitious citizens of Bellovue, Florence, Omaha, Plattswouth and Nebraska City at once entered futo a flerce competition for the seat of government. After duo considera- tlon Governor Cuming decided to locate the cupitol at Omuhi The First Territorlal Legislature, In an oMclal proclamation issued Decomber 20, 1834, the acting governor designated Omaha us the capital and called tuoe first sos- sion of the legislature to moot in that city on the 10th day of January, 185h. Previous to this, however, a ceusus of the territory bad been taken and an election called for.” The census revealed a population of 2,782, The territory was divided into eight counties, which were designated as follows: Burt, Waeshington, Douglas, Dodge, Cass, Pierce, Foruey and Richards ‘The membership of the first legislature was divided as follows : Burt zounty, one councilman, two repre- sentatives, Washington county, one councilman, two representative: Louglas cou represntaty Dodge county, one councilman, two repro- sentatives, Cass county, one councilman, two repre- sontatives. Plorce county (afterwards Otoe), three eouncilmen, five representatives. Vorney county (atterwards Nemaha), one eouncllman, two representatives. Richardson county, one counclima represoutatives, The fiest general election in the new terri tory was held on December 12, 1854, and re- sulted {n the selection of Napoleon B. Gid- dings as the territorial delegate to congress. The fivst session of the territorial legisla- ture convened fu a two-story brick building erected for its reception at Omaha st 10 o'clock a. m. January 16, 1855, The foliowlng gentlemen composed the counell: J. L, Sharp, president; R. ol som, J. C. Mitchell, M. H. Clark, T. G. Good- will, A, D. Jones, O. . Richardson, S. k. l}uut‘n. Luke Nuckolls, A. H. Bradford, H. . Beouett, C. H. Cowles and Richard Brown. Dr. George L. Miller of Omaba was ebief clerk. O. F. Lake of Brownvillo assist- st clerk, 5. A, Lowls of Omaha sergeant-at- ty, four councilmen, eight two just | Was Counted in and a Constitution Counted “Doctored” Returns, arms and N. R. Folsom of lekamah door keeper, Tho house organized with the following monibers: Andrew J. Hanscom, speaker; W. N. Byers, William_Clancy, F. Davidson, Thomas, Davis, A. D. Goyer, Audrew J. Poppleton, Robert Whitted of Douglas Robertson, A, C. Purale of Hurt: A. Archer, A. J. Smith, Washington: 1. R. Doyl Richordson, Dodge; J. M. Latham, V Kempton, J. D. H. Thompson, Case; G. Ben- uett, J. . Cowles, J. H. Doecker, W. H. Hail, William Maddox, Pierce (now Otue); W. 'A. Finnov, J. M. Woud, Forney (now Nemaba); D. M. Johuson, J." A. Singleton, Richardson. J. W. Paddock was chief clerk, G. L. Enyre assistant clerk, J. L. Giobs ser: geaut-at-arms and B, B. Thompson door- keeper. The total mgmbership of the coun- cil was thirteen and oy the hous twenty-six, Among the names o bove will be recognized those of the follp Wing living well known citizens: A. D, Jones, the father of Omaba and first postmaster; S, I3, Rogers,capitalist, residing in Omaha; Dr. George L. Miller, for =0 many years cditor of the Omsba Herald, and now chairman of the Omaha park com missfon: W. N. Byers, aftorwards a capi- talist at Leavenworih and owner of the cor- ver occupled by the Contincntal block, Fit teenth and Douglas streots, Omaha: Androw J. Poppleton, attorney-t-law, Omuha: J. W, Paddock, one of the county commissioners of Douglas county and governmert director of the Union Pacific railway, ana B. B. Thomp- son, now as then a citizen of Brownville, where he has since ocoupied several public positions, tue father of John C Thompson of Omaha, the editor of the Amerisun. Governor Cuming in_his message alluded feelingly to the untimely death of Governor Burt. The principal part of the message, bowever, was devoted to & discussion of the Pacific rallway. [1s importance {o the wel- fare of the new territory was expatiated upon and a strong argument wade in favor of the Platte valley route - an_argument which has since been fuliy vindicated by the completion of the great railway system along the route indicated. The ftirst session of the legislature was not n all respects a model oue, but considering the somewhat c| tic condition of affairs in the territory, 1t made a fair beginning, and accomplished much in the way of legislation that was worthy of commendation, ‘Ths machinery of local government was provided for and county officers created. ! The criminal code of fown, with some modi- | fication was adopted. The capital was formally and oficully locsted at Omaha. ducational interests were not forgotten. Three institutions of learning, viz: Simpson university at Omeha, the Nebraska univer- sity at I'ontanelle,and the collesiate prepava tory institute at Nebraska Uity were incor- porated. Among the most notavle traunsactions of the first session was tha favorable report by M. H. Clark, chairman of the committee on corporations,on the bill chartering the Platte Valley and Pacific rairoad company, a pro- posed line which has since become one of the greatost commercial highways of the wosld, In the meantime Presiaent Plerce had appointed Mark M. Izard to succeed Goy- oruor Burt. He arrived at Omaha on [eb. roary 20, 1855, and three days later took the oath of otice. The First Formal Census, Thero was much to ve done even after the adjournment of the legislature, In the year 1855, & formul census of all tho white persons in tho tervitory was taken, and the popula tion by counties was as follow: Burt. % Nemitha s | Dukota Dodg Doui T re oo e o e s T Dakota and Pawnee counties wore ereated by the first legislature which had changed Pierce to Otoe and Forney to Nemaha, the names by which they ure uow known. The Second Territorial Legislature, The second session of the sembled on December 18, 1 The mem- bers of the first council had voluntarily re- signed, but all were re-elected except M. H. ark of Dodge, who bad died, and Luke Nucizolls of Cass couuty. John Evans, the old-time seedsman of Owaha, succeeded Mr, Clark, and M. Kirkpatrick, who died on tho 17th ult. &t his old home, was substi- tuted for Mr. Nuckolls. The council ofticers were: B, R. Folsom. president: 1. G. Mc- Neely, chiof clerk; M. B. Ci assistant clerk, and C. W. Pi rce, now of Lancaster county, sergesut-at-arms. Tue house roster contained the following names: A. D. Kivk, Richardson; W, H. Hoover, Ricbardason and Nemana: Thomas R. Hare, Pawnee; W. A. Fiuney, L. A, Chumbers, Nemaha; James H. Decker, M. W. Riden, J. Sterling Morton, William B, Hail, J. C. Campubell, John Boule- ware, Otoe; A. M. Rose, Otos and Cass; John F. Buck, William Lawd, J. McF good, Cass; George L. Miller, William Larimer, ir, Levi H h, W. E. Moore, Alexander Davis, Leavitt L. Bowen, Alonzo F', Salisbury, William Claoey, Douglas: P, C. Sutlivan, Washington; William B, Beck, Washiogton and Burt; Thomas Gibson, Dodge. P. C. Sullivan was speaker; H. C, Anderson, chief clerk; I L Gibos, assistant clerk; A Bishop, sergeant-at-arms, and E. B. Cbinn doorkesper. Among the above names those of George L Mitter, W. H. Hoover, J. Sterling Morton, Wilham B. Beck and Thomas Gibson are still fawiliar, Mr. Hoover lived then in Brownville, and has held muny public posi- tions, Lately he hus acted as deputy oil in- spector. J. Sterling Morlon continies now, as then, @ leading demccerat of Nebraska City, Willum B. Beck has since been fre- quently elected to ofice, and Thomas Gibson was the first secretary of the Omaba Board of Trade aud hus beeu houored with other conspicuous offices. He now resides at Los Gatos, Cal., where ho spends his declining years in cultivating a fruit farm, His sons are nearly all in Omaba, and are among our leadiog cltizens, egislature as The First Assessment, 0 first report of the territorial auditor was submitted at this session and it showed the following valuation of real aud personal property by counties Douslas " . Richardson Washington' o... <. 801708 lzard ul- luded to the progress of work on the capitol, which was rapidly approaching completion ‘I'he progress of the terrilorial surveys wa . spoken 0f and many other matters pertainiog o the needs of the territory referred to. The tervitory bad made considerable progress during the year. The boundaries of the counties were established. A road from Omaba to Fort Kearnoy was surveyed aud its construction commenced. The secoud sesslon of Lhe legislature also provided the public school system of the territory. A cen- Sus of the population was taken showing 10,716 inhabitaots, The Third Session, The thira session of the legisluture con- veued ou Jauuary 5, 1857. The territorial | | | Dependency to Sovereign | OMAHA. TUESDAY MORNING, MARCH LY TWELVE PAGI machinery had now been in operation twoen- tire years and matters seemed to be passing aloni smoothly, The following excerpt from Govornor Izard’s message is quoted as giving a fair idea of the condition of the embryo state at that time: “‘We can boast of a population of more than 15,000 intelligent, orderly and wnergetio citi zens, who can challengo comparison with those of any state or territory of the union: of flourishing towns and prosperous citios, with their handsome church edificos, well regulated schools and busy streets; of our broad and beautiful prairies thickly doited with comfortabio farm houses and well tilled fiolds, vielding their rich treasures to the hand of poaceful industry, The appreciation | of property far exceeds the expectations of the most sanguine. Business lots upon the streots where the wild grass still flourishos are readily commanding from $500 to 3,000 cach; lands adjacent to our most prosperous towns sell readily at from $50 to $00 per acre; eredit is aimost unknown in our busi- ness circles; no citizen oppressed by debt or crippled in' his energios by the band of penury and want; but ali, encouraged oy the success of the past, lo>k forwurd to the fu- :;xru with eager hope and bright anticipa- on.” It was during this, the third, session that tho first attempt to remove the c:pitol from Omaha was frustrated by the goveroor. A bill was passed locating the capitol at “Douglas,” an imaginary city in an imagin- ary county. Governor lzard promptly vetoed tho bill, The most striking piece of legislatioa ac. complished at the third session was tho pass- age of the bill repealing the criminal code, leaving thy tervitory without a law against crime or misdemeanor of any character, As a pieco of ill-advised legisiation, it stands without & parallel in the history of the state. It may be said to the personal credit of Governor Izard that he vetoed the bill but the legislatute passed the bill over his voto. The Third Sessio When the third territorial assembly con- vened the following gentlemen were mem- bers of the council: A. F. Salisbury, George L. Milier, S. E. Rogers, L. L. Brown, presi- dent ames A. Allen, A. H. Bradford, Mills S. Reeves. S. M. Kirkpatrick, R. W. Furnas, William Clancy, Charles McDonald, Jacob Safford and A, W. Puett, The house roster contained the following names: 1. L. Gibbs, speaker; A. F. Cromwell, N. J. Sharp, W. A. Finney, 1. C. Lawrence, S. A, hambers, H P. Downs, I D. White, H. J. C. Ells, W, B. Hall, W. M. Slaughter, H. C. Wolph, Brood Cole, J. A, Cardwell, A. Strickland, Joseph Dyson, C. T. Holloway, John Finney, W. E. Moore, H, Johnson, J.” Steinberger, M. Mur. ohy, R. Kimball, Jonas Scely, A. J. Hans com, George Armstrong, Silas E. Secley, A. Stewart, William Connor, E. P. Stout ana G. M. Chilcot. Among the ntove names that of R. W. Furnas appears for the first time promi- vin Nebraska affai He was after- wards goveraor of the stateand is now secre tary of the State Board of Agriculture and officially connected with many national organ- izatious. Charles McDonald1s a merchant at North Platte and & brother-iu-law of Governor Bovd. A. J. Hunscom has long since retired from active busincss to enjoy hiy wenlth, as bas also George Armstrong. Rev. W. M. Slaughter and General Silas A. Strickland afterwards achleved deserved prominence, the former in the pulpit and the latter in politics and at the bar. Ricbard Kimball became a prosperous ice dealer and was accidentally killed some vears since ut Council Biuffs. J. A, Stewart is still a hard- ware merchant at Blair. The others are deud or have aropped out of public notice, The Fourth Sesston. Dr. George L. Miller was tha president of the council ut the fourth session of the ter- ritorial assembly. The house that session contained many names already familar to the people of the territory of which have since become well known. Among them wero the following: J. Sterling Morton, W. B. Hail, D. B. Robb, J. H. Decker (speaker), T. M. Marquette, Silas A. Strickland. Amos George Armstrong, A. J. Povbleto Thrall, J. W. Paddock, J. S. Stewar P. C. Sullivan and William B. Beck. The session convened on December 8, 1857, It was destined to be a memorable one in the annals of the territory, for it was duricg this session that the majority of the members withdrew and attempted to set up a new government at Florence. The division of the legislature resulted from a renewal of the sttempt to removo the capitol from Omaha. The seceding branch went through the formality of holding duily sessions at Florence, but they accomplished notning in the way of legislation. The minority branch met at Omaha from day to day until the ses- Tmn expirea on Junuary 16, Dy limitation of aw. A few mouths later, on Aueust 14, Gov- ernor Richardson, who had succeeded Gov- ernor Izard, issued a proclamation calling the legislature “togetber in spacial on. The special session convened on September 21. ‘I'he most notable feature of the special ses- €100, which is known as the fifth territorial leeislature, was tho first attempt to avolish slavery in the territory. On November 1 Representative Daily introduced a mll “To abolish slavery in the territory of Nebraska.” It was referrcd to a special committes from which two reports were submitted, the ma jority report being favorable and the minor- ity report the reverse, Aftera very brief discussion the bill was laid upon the table und was not taken up agaiu during the ses- sion, The Fifth Session, At the fifth session the scat of Charles Mc- Donald as councilor from Richardson and Pawnee was contested by 5. S. Dundy, now judge of the United States aistrict court. George 1, Miller, W. E. Moore and Joha H. Porter, afterwards police judge and now a resident of Los Angeles, Cal, were the councilors from Douglas county. Judge George W. Doanerepresented the counties of Burt, Washington and Sarpy. In the house Samuel G. Daily, afterwards delegate in con- gress, entered public life as representativo of Nomaba and Johnson counties. The late Judge O. P, Mason was there from Otoe, T. M. Marquette from Cass and the late Clinton Briggs and William A. Gwyer were in_the delogation from Douglas. = The late John Taffe, afterwards a congressman from Ne- braska, oc:upied the seat for Dakota, Cedar and L'eau Qui Court counties. I3. H, Rogers of Fremont. who died while consul to Vera Cruz in the latter part of the seveuties, was doorkesper of the house, Secretary and twice Acung Governor Cum- ing died March 12, and July 12 J. Sterling Morton became secretary of the territory. The Sixth Sesston, The sixth session convened December 5, 1856, with but fow changes in the couneil, E. A. Allen who is occasionally seen upon our streots, but now lives elsewhere, was assist- ant clerk, In the house mary familiar names appear. Joseph [. Burbank, after wards tndian trader at Omaba agency, came from Richardson, Alex. Bain, now em- plosed in the goveroment printing office at Washington, was one of the representatives of O ge, Willlam 8. Latta, now of Tekamah, and Chief Justice Maxwell, now of Dodge, were In the delegation from Cass -und Lan- caster. T, M. Marquette was again in his seat. General Strickland represented Sarpy. A.J, Hanscow, D. D. Bilden, the late Harrison Johnson, George . Ken: vedy, Judge Georgs B, Lake and A, B. Malcomb, General Strickland was olected speaker, James W, Moore, now eme ploved ' in the bureau of printing aud engraving in Washington, then a resi- dentof Nebraska City, was chief clerk. In the interim between the fifth and sixth sessions Governor Richardson had resigned and had peen succeeded by Samuel W. Black. Governor Black delivered his first message to the sixth session on December 6, The foliowing facls gleaned from the mes- sago will be of interest howiug the progress of the territory: ‘“I'is territory was organized on May 30, 1854, and the firat legislature convened on January 16, 1855, In that body eight ° coun ties were represented Now, at the expiration of five years, twenty-three counties have their representatives in the legisiature and thirty-five counties have been fully organized or their boundaries defined oy law. The lands in Nebraska actually surveyed amount to 8,851,758 acres. The surveys have been extended from the divid- ing line vetween Kansas and Nebraska, on the fortieth parallel, to the latitude of 42 degrees, 51 minutes, while the averaze dept from the Missouri river is about 140 mile: The sixib legislature was noted by the r nowal of tho efforts to abolsh the institution | union. of slavery and by the first attempt to form a stato government. Strietly speaking, Ne- braska was not a slave teeritory, ‘Lhe bill erecting the territories of Kansas and Ne- braska left the slavery question to the de- cision of the sottlers, The contest was an exceedingly bitter one in Kansas, but, owing to her geographical location, Nobraska did not offer a promising field for the extension of slavery. The first ofieial census, taken in 1854, revealed the presence of but thirteen slaves. Most of thom were brought to the territory by state officials coming from slave states, and it is probably the fact that their servitude was almost voluntary ‘U'ho failure of the first attempt to abolish slavery has already been noted. The friends of the movement did not loag remain idle, On December 7, 1859, William H. Taylor in- troduced in the council a bill “to abolish and prohibit slavery or involuntary servitude in the territory of Nebraskn.” It was referrad 10 a special committes consisting of William H. Taylor, George W. Doane and George L. Mill On December 12 two reports were submitted from that committee, one by Mr. Taylor favoring the bill and the other by Dr. Miller opposing it. The bill made its appearance in the house on December 7, being presentod by Mr. T, M. Marquette. On the following day an at- tempt was made to lay tho bill on the table, but it was unsuccessful. Then a motion to reject the bill was defeated by a vote of 24 to 11, On Decembver 16 the measure was taken up by the committoe of the whole house and amended so as to further prohibit the exten- tion of slavery in the territory without of- fecting the status of the slaves already held. After an unsuccessful attempt to strike out the enacting clause the bill was en- grossed and passed to a third reading, The bill came up for its final passago on December 17. The opponents of the weasu.e resorted to every form of par- liamentary stralogy to avoid a vote but their offorts were unavailing, Ihe bill passed by a vote of 21 to 17, In ths council of Docember 20, consiaera- tion of the bill was indefinitely postponed, and for u time the friends of tho measure bo- lieved that their efforts to maks Nobraska freo territory wero to be _unsuccessful. On December 20 Mr. Lictle offered a joint resolu- tion for the probibition of slavery in Ne- braska. It was objected to on the ground that the whole matter had been disposed of by indefiuite postponement. The chair de- ciaed tho poirt of order not well taken. The e;ciuluuo was then put in the form of a bill ud passed, In its new form it was re- turned to the house where it was amended and passed. On January 3, 1860, the council coucurred in the amendments and the bill finally sent to the governor. On Janu- ary U Governk' Black roturncd the bill with o voto. Thus tbe second attempt to make Nebroska a free territory was a failura, Avother notuble foatura of the sixth ses- sion was tho first attempt 14 ratse Nebraska to the dignity of statehood. | In his message Govornor Black had discussed the question of statehood, but_gave it as' his opinion that the population of the territory was hardly largo onough. In spite of the governor's views, however, the logislature at this ses- s10n passed a bill entitled “*An actto frame a constitution and state government for the state of Nebraska.” The. proposition em- bodied in the bill was submitted to a vote of the people on March 5, 158), and was ro- jected by a vote of 2,372 10 2,004, The Seventh Session, The seventh session of the legislature con- vened on December 3, 186), Governor Black’s aonual message indicated that at that time the territorial debt amounted to $50,000. Va- rious matters of importance to the develop- ment of the territory wereydiscussed in the message. It was in this session “that the slavery question received igs final quietus as far as Nebraska was con ed. Oan Decem- ber 7 John M. Thayer in ced & bill in tho council “to abolish slavery’ and involuntary servitude in the territoryi” The samo bill had been introduced iz tfe house the day previous by Hepresontative Mathius. Both houses passed the bill but for a second time Governor Black interposed a veto, But the sentiment in favor of abolition had grown rapidly in the short ime that had intervenad between the sixth and seveanth sessions ana the friends of the measure had no difficulty iu passing the bill over tha veto, In the seventh session the council was composed of _the following = members: Douglas, John M. Thayer, David D. Belden, W. “A. Little; Dakota, Dixon, Lean qui Court, John Taffe; Washington, John A. Unthauk; Sarpy, Silas A, Strickland: Cass, T. M. Marquette; Otoe, William H. Taylor, John B. Bennott; Nemaba and Johueon, T. W. Tipton; Richardson and Pawnes, E. 8. Dundy; Cass, Otos and Dodge, Samucl H. Elbert; Burt, Washington and Sarpy, John Q. Goss. W. H. Taylor was president, K. P. Brewster chief clork, Daniei H. Wneoler assistant_clerk, W. H. James sergeant-at- arms, and 1. C. Slader doorkeepes In the house the following names after- ward prominent 1o state affairs appear: F. A, Fisdol, James Hacker, Hiram W. Parier, Amos Gates, John G.' Redick, S.'A. Lowe, Joel T. Griftin, Henry Grobe and Ezra Mil- lard. George L. Seybolt was chief clerk, S D. Bangs, assistant clerk, and W. A. Pollock doorkeeper, The Seventh councit contained an array of talent which marks 1vas oue of tho remark- able bodtes ol the territory. John M. Thayer was afterwards Nebrakka's only major general of volunteers, one of the first United States senators, and later;gzovernor of Wy- oming aud governor of Nebraska. John Taffe served two terms in congress und died at North Platte as veceiver of the land office, Silas A, Strickiand distinguished himself the war of the rebeilion, rising to the rank of brevet brizadier general and was afterwurds houored with several importaut public ofiices W. Tipton was General Thayer's colleague in the United States senate. E, S, Dundy nas held several important offlce: has frequently veen a prominent candidate for United States sonator and for twenty- four years has prosidged over the United States district court. John J. Coss was the commissary of the Second Nebraska cavalry. He continies to live au Bollevuo and is on- gaged in tho practice of law. Mr. D, H. Wheeler, the assistant clerk, has been a prominent figurs in pubhic affairs from the day he entered upon his duties until now and resides in Omaha, The Republican Regime, The yeur 1501 inaugurated anew era 1n the history of Nebraska. - The torritory had passed through the criticul period of its ex- stence and was now on the highway of pros- perity. The natioual goyernment had passed nto the hands of the republican party and the political revolution had passed to Ne- brrska, Alvin Saunders of Iowa had boen appointed governor by President Lincoln, sud A. 8. Paddock, secretazy, Although uppoliited sooniaftor Presidont Lincoln was inaugurated, {)ovurnor Saun- ders did not assume the diities of the oftice until May. in the meantinje the war of the rebellion had beon inaugurated by the firmg upon Fort Sumpter. In response to the call for voluateers Governor Saunders issued a proclamation asking for the formation of companies. The response: was immediato, :ud . ull!l‘mugh at :.‘hum limru Ne- raska had & o of but 50,000, the territory f&? ‘d #,307 men to fight for the preservation of the union. These soldiers composed at least onc-third of the able-bodied men of the terrjtory, and conse- quently Nebraska furnished more troops in proportion to her population than many of the loyal stutes of the north. The record of the Nebraska troops in the war forms one of tho brightest pages of her bistory. The Eighth Seasion, ‘The eighth session of the territorial legis- lature ndded its endorsement Lo the cause of the union by the adoption of a resolution to the following effect : *“That this body deem It ite first duty to renew its vows of allegiauce to the federal government and to reaffirm its devotion to the constitution; that we regard secession and nullification us treason 2alnst the general government; that we en- dorse the declaration of congress thav the war is ot waged 1n auy spirit of opprossiou or purpose of interforing with the rights of ostablisbed institutions, but to defend and maintaio the supremacy of the constitution that whbenever an American citizen u sheathes his sword or shoulders his musket he shall leave the spoilsman, the partisan :xim l‘he politician in a nameless grave bebind m." The adoption of the above resolutions left no doubt as to Nebraska's position in the great struggle for tke preservation of the Nor did Nebraska stop here. She raised troops, not only for the defense of he frontier but for service against the armies of the confedera: {0 history of Nebraska's art in the war 18 glanced at farchor on, Joha Taffe was president of the council at the eighth session, R. \V. Furnas was chlef clerk, Willism Lahmer, still a residont of Omaha, assistant clerik; J. W. Chapman, | now deccasod, afterwards a leading republi- can politician of Iowa and editor of the Council Bluffs Nonpariel, was sergeant-at- arms, and A. J. Warner doorkeeper. There wero few chauges in the persoupel of the house. F. W. Sapp of Douglas, John Me- Pherson of Nomaha, O, Blanchatd of Sarpy were the new names and 8. M. Kirkpatrick appeared agaln for Cass,Utoe and Dodge. Jobn McPherson became a prominent citizen in later years and is now enjoying a vigorous old age av Republican City, which town he founded in 1869 or 1570, In the house, A. D, Jones was speaker and George L. Segbolt, afterwards aud now a postofice inspector, was chief clerk. Dr. A, 8. Holliday of Brownville, David Butler of Pawnee, John H. Croxton anda Dr. W. B, Larsh of Otoe, Nathan Blakely of Gugo. Henry 1. Clarke of Sarpy, Joel T. Grifin, A. D, Jones, O. F\. Davis and Aaron Cahn o Douglas, John 8, Bowen and Allen of Wasnington and & , Leaming of Burt, are the familinr names to the prosent goneration. David Butler, afterwards governor, N. B. Larsh, Joel T, Griin, O. F. Davis and John Bowen have goune the way of all the earth, Dr. Holliday remsins, a resideut of Brown- ville, Cotonel John H. Craxton is a domo- cratic politician in Denver, Henry T, Clarke isu prominent capltalist 'in Omaha, Aaron Cahn is a rich retired merchant of this city, and Captain Leaming still olings to the hope that Decatur, where he makes his home, will be a metropolls. In his mossage to the ninth legislaturo, which convened on Junuary 7, 1864, Gov- ernor Saunders referred at length tothe pros- perous conaition of the territory. He also paid a deservad tribute to the courage and high patriotism of the Nebraska voluuteoers and recommended legislation to relieva the necessitios of the widows and orpbans of those who died in defense of the flaz. A resolution endorsing aud upholding [Presi- dent Lincoln’s emancipation proclamation was adopted. * The tenth and eleventh sessions furnished but little of interest to the readers of theso columns, The last session authorizod the people of the territory to vote upon the ques- tion of statehood. Among the prominent names of the ninth sessfon were T. M. Marquette, J. E. Doom, afterwards known to fame as Lim- ber Jim Doom, O. P. Mason, David Butler, Jobn R. Porter, Johu McCormick, E. A. Allen, president, and Frank Welch. In tho house were Georgs B. Lake, speaker; B. E. B. nennedy, Henry Grebe, I*. Renne C. W. Seymour, John ¢. Becker, N. 5. Porter, John Evaas, J. Lincoln, Amos Gates, J. W. Chapman, G. W. Fairbrother and C. G. Dorsey. The reader will notice soveral names aiready prominent in offairs, John McCormick died in Omaha some years since, leaving n handsome fortune. Erank Welch also deconsed, served Nebraska in congress nearly two torms., B. E. B, Ken- nedy continucs to practice law in this city, having held many ofilces, including that of mayor. Dr. Renuer became o leading German politician und resides now as then at Nebraska City, where C. W. Seymour will also be found practicing law. John P. Becker recently passed away at Columbus where ho lived ut the time of his election to the legislature. N.S. Porter held various ublic offices and is now connected with the ndian service; J. C. Lincoln was a leading democrat and citizen of Richardson county for many years. G. W. Fairbrother was editor of the Brownville Advertiser and re- sides in Nemaha county now; has lately been ono of the doputy ofl inspectors. C. G. Dorsey resides now in Beatrice. He has likewise been frequently called upon to ac- cept responsible positions under the fedoral, state and local governments. In the tenth session several new names, afterwards well known, appear in the roster of members. Thomas L. Griffey was & mem- ber of the council. He died recently at Stoux Clty, whore he was engaged in prac ticing law, O. P. Mason was prosi- dent of the council. 5. M. Kirkpat- rick was speaker of the house. Charles F. Walther, a proment German leader,afterwards well known ; Mar- tin Langdon, now a practicing attorney in Omaba; Chavles M. Conover, present secre- tary of the Omaha Board of Education; Charles H. Brown, the well known attorney of this city; W. N. McCandlish, a real ostato agent of Omaha; Guy C. Buroum, John Cad- man ard John V. Neligh, all won their first political spurs in the election preceding this session, John Taffe was chief clerk and Mitchell Fleming doorkeoper. The eleventh session of the territorial legislature was madae up of the following L. Griftoy, E. A. nnedy, J. R. Porter, J. Miller, . W. Chapwan, P. Muson (prosident), A . . Bayne, J. N. McCaslund, The house—L. Crounse, William Parchen, J. D. Rawsey, John Jay Hart, Joun R. Butier, W. B. Pholps, John Greeo, W. A. Pollaclk, John H. Maxon, James Thorn, M. S, Camp- bell, Albert Tuxbury, James A. Gilmore, Joseph Arnold, W. F. Chapin, Samuel Max- well, Berjamin Austin, James Robinson, Jobn Cadman, Marcus Brush, T. H. Robin' son, N. P, Lefter, Georgo B. Lak w. C. H. Brown, Fred Drexel, J. G. ath, J. G. Smith, Guy C. Baroum, . . . Charles Eisley, Coraelius O'Contior. Wilbur, L. E. Jones. James . Megeath was elected speaker, George May chief clerk, E. S, Towle assistant clerk, Choster Lusk sergeant-at-arms, and Dennis Dugan doorkeeper. The Lust Territorial Legislature, The twelfth and last session of the terrl- torial legislature was held Jaouary 10, 186] in Omaha and its mambers weve s follows : Council—Barnabas Bates, John D. Neligh, George W. Doane, W. Baumer, E. H. Rogers, I, IX. Freeman, Lawron Sheidon, James 15, Doom, M. S, Reeves, W. A. Presson and A, S. Stewart. The oficers were: I, H. Rogers, president; O. B. Hewett, chiof clerk; L. L. Holbrook, assistant clerk’ E. A. Kirkpatrick, sergeani-at-arms, and John Cadman,doorkoeper. House—John K. Butler, G. Duerfeldt,J. M. Duyeese, Joscph T Hoilo, George Crow, William Daily, Lowis Wald: ter, C. . Haywood, W. M. Ficklin, J. K. Evans, A. F. Harvey, D. M. Anderson, D. Cole, W. . Chapin. isaac Wiles, A. B. Ful ler, A. W. Gray, B. H. Hardenberaer, . L. Clark, George N. Crawford, A. W. Trumble, George W. Frost, D. 8, Parmalee, Dr, Har- voy Link, 8. M. Curran, £. P. Child, J. E. Darsey, John E. Kelley, L. J. Avbott, Amasa 5. Warwick, Daujel Duggan, Jonn Wallichs, Hugh M. Rass, Martin Stuefer and William Baker, W. F. Chapin was speaker, J. S. Bowen, chief clock; W. S. Brewster, ussist- ant clork; J. M. Howard, sergeaat-nt-arms. Allen, B. ¥ Alvertson, J. S John Bennott, O. . Holllday, O, EQUALITY BEFORE THE LAW, State Motto Inspired By a Sentiment of the Immortal Charles ner, UWritten for The Bee by Hon. John Gillespie, First Auditor of State.) )\ May 80, 1854, the organic act of con- gress wes approved whiob orened the gov- ernmeut lends and gave to the territory its rights under the name of Nebraska. At that time the territory of Nebraska em- braced all the country from the fortietn arallel to the British line aud from the lissouri river 1o the summit of the Rocky mountains, comprising 351,658 square miles, or four times its present ares. But the ter- ritory did not long retain the wide bound- aries first assigneqa, successful encroach- men ts having been made in building up new territories, which took from us the whole of the mountainous district and left the terri- tory as at present constituted. ‘T'he growth of the territory received a new impetus during the years 185¢and 1860, wheu the Pike's Peak expedition set in by bunters for gold. Returvivg from a bootless journey, disappointed where expectations were not realized, numbers of the gold seekers settled 10 the valley along the way and coined from the soil the gold they had failed to find inthe mouutains, 1o thé meantime prosperous towns and citles had been springing up along the Missouri river and in the eastern portion of the territory and it only remained 10 build up & railroad system to complete its develop- ment. Coneress having taken favorable &.tion in 1800, the Union Pacific Rmlway compaay was orgauized and in the spring of 1800 work commenced upon that national | the sisterhood of states by highway which gavo a through liue of rail way from ocean to ocean Nebraska was twice refused admission to thoveto of Presi dent Andrew Johnson, upon the grounds, as ho alloged, that the population was not large enough to form a state government. Wheu, for the secoud tune, the presidont's veto was made known, & storm of dissatisfaction aroso wnd tho bill was passed over the veto by a large majority i the house of rapresentatives; but when A similar attempt was made in the senate one vota was lacking. Houn. Charles Sumner opposed the passaze of the bill because, as he alleged, 1t contalned no provision for ‘equality before the law.” He would, how ever, vote for the bill with the following pro xcept upon the fundamental coudition that withn the state of Nebrasku no deunial of the electoral frauchise, or anv othor right, to any person by reason of race ov color (except Indians not taxed) and upon the forther fundamental coudition that the legislature of said state by a sclewn pablic act shall declure the asient of the state to the said fundamental condition.” In order to meet the requirements of Senator Sumnor the territorial logislature was convened by special proclamation and the fundamental conditious ratified and the result transmitted Lo congross, upon receipt of which the senate passed the bill over the president’s veto. It was this incident that caused tho state to adopt for its motto “Equality before the law.” Nebraska was the first “state to extend the elective frun- chise to the colored man. Liberal Provision Made for the Support of the blic Sehools. Nebraska is largely indebted 1o the genor osity of the national government fov the se- curo foundation upon which the splerdia public school system of the state has been reared. By means of acts of congress the state ro ceived a total of 2,643,030 acres of public land for thie supnort of the common schools, In addition there were 46,030 acros granted for university purposes and 90,000 acres for the support of the agriculturzl college. Up to and including 1870, 8 acres wero sold at an average of §3.03 per acre. “The report of the state superintondent of public instruction for 1868 shows that the number of children of school age in’ Ne braska in June, 1868, was 20 1he state apportionment for that vear umounted to §14.- 661,50, 'he school population of Omaha today ceeds that of the entirve state in 1568, ho following year tho number of children increased to 32,019 and the amount appor toned to &7 . The marxed increase in the state fund distributea was duo to the demund for public scnool lands and the levy of a divect tax of 2 mills. The whole amount distributed in 1870 wa $138,841.52. OF this sum, $84,125 was derived from the 2 mill tax. Ouly ® small proportion of the receipts from “school land sales was placed in the annual apportionment fund. A permanent fund was created, the utercst from whict, added to the amounts received from senool land rentals, and a moderate tax make up the bulk of the state schoel fund now annu ally distributed among the counties. By careful husvanding the municipal dona- tion of the general government, the state had at the close of 180) the following amounts in the general school funds: Permanent school fund Temporary 00l fund . Temporary university fund.......... 4 Agricultural coliege endowment... 11,81 During 18% the recelipts from school lands sold were—principal, £:20 school lands s0ld and leased, interost 509,93, and a fraction over $100,000 was added to the uni- versity, agriculturai ccllege aud normal school tunds, all derived from land sales and lenses, ‘Tho amount apportioned to the various counties in 1880 and 189) agure, ed 81,14 153,01, against $14.061.5) in the ) r 1895, Frem a total of 20,054 children of school age in Nebraska in 1865 the number has grown to the magniticent total of 400,000 in 1592, with an actusl envollment in the public scuools alono of 31, RAILROAD PROGRESS, Concerning the progress of the Uuion Pa- cific the Message gives some intoresting in- formation, At the beginning of 1848 the builders thought if the road reached Fort Kearnoy, a distance of 1% miles from Omaha, at the close of that year they would have been agresably surprised. As a matter of fact the road was completed to the 305th mile post, seven miles beyond North Platte, and four regular traius were ruauing between thut station and Omaha before the first of tue year. Two hundred and sixty-two miles of irack were completed in 1506, and the roadway was graded twenty-five miles be- youd North Platte und the maiu lino de nitely located to the mountains, “It is cause or intinite congratulation to every Ameri- can citizen,” says the Message, “‘Lhat this great enterprise, which 18 10 unite two oceans, and over which is to pass the com- merce of two hemispueres, is rapidly ap Fruachmgcamplunun. To our own territory t must prove an inexhaustible source of wealth,” The report of Territorial Treasurer Augustus Kountze shows the receipts for the ear 1500 amounted to §22,350.81 and tho dis ursements §9,111,83, leaving u cash balance of 14, The report of John Giliespie, territorial auditor and school commissioncer, furnishes many iustructive facts, 1'he estimate of ap- propriation required to run the government during the year 1867 foots up 811,425, During the preceding year §2,407 was paid out for legislative expenses, $2,049 for official sal- aries, §2,000 on account of immigration bureau, £2,045.10 for militia, §444 for peniten- tiazy, $2,560.57 for insane, and 60 s bounty on wolves and wild cats killed, A STATEMENT, Showing the number of m!les, the assessed valuation per rile, and whe totual ussessed valuation of rallroads in the state of Nebras ka, as determined by the State Board of Equalization Muy 5, 18] Name of Raliroad. ot | Per ‘ Milos.|3illo #11,500 Nebraskn............ Hepublican Vaiiey Atchison & Nebraska Lincoln & Northwestern. Nebraska & Kans, aciflc Itepubiican ity &Owabia vl Vacl Mo. Pacltie, Crete liru Pacifie Ity. (0. 1n Nebrasks Mo. Pa. Suringt'la & Pap'n Bt Joseph & Grand 18t d Island & Wyo. i & North Platte Aucoln & Bluck Hills Oxford & Kansas. ... Kourney & Biuck Hiiix Republican Valley & Wi Kansas City & Heatrico ki & Wostern sou, Topeka & 8. ¥ Total wileage Aonsa Total assessed vaiuul's s | i | | |TWBLUEPRGES! NUMBER 256. GENESISOF THE CONSTITUTION The Political and Constitutioaal Davelope ment of Nobraska, FROM TERRITORY TO COMMONWEALTH How Nebraska, Pur States as Part of Loulsiana, Attalned bod Pursuant to Act of ngress, March 1, 1867, sed by the United On March i, 1807, Nobras admivted into the union upon equal footing with th¢ oriznal common wealths of the United States, While entering upon tho second quarter contury of statohood, it will not be amfiss td look back upon her past careor and to seok t§ discover ow sho attained hor prosent polits fcal and constitutional position. Goverdy ments may be created, but institutions grow | the roots must be sought for beneath the trunk. Ao outline of the political aud cony stitutional geuesis of Nevraska must, I take 1t begin almost as far back as the discovers’ of America. The recoption of Nebraska intd the union as n commonwealth can only bd regarded as the turning point in u process of political evolution, not as its bagloning. And no onoof the forty-four commonwealihs now comprised within the United States hag passed under move forms of govornmont of mvolved mioro paluts of constitutlonal law I its short Wistory than this, It istrus tha tho first pormauent white sottlement within tor boundarics wus not wade uutil 1547, and that 1o the senso of o peoploorganized withid a given territoiy no commonwealth can by suid to have existed before 1867, ye it i neverttieless important to trace the changed n the constitution of those govoramental authorities which have successively exerd cised control over the land itself. With the realization of the importance of the discovery of America, all tho leading) European powers, true to the (-ummorolns policy of the time, lald claims to exclusiv savereignty over all or portions of the new! oontinent. Their rights us against those off the avorigines did not trouble them; thef assumed it to bo thoir duty to carry vH§ torch of civilization to all parts of ths lesd’ civilized world. Their rights as againsf those of one another oocasionod more difis culty and the theories advanced to jusiify the various claims wore irreconciiable, The pope, as ropresentative of God on earth, issued a bull appropriating the wholo westers hemisphere to the Catholic majesty of Spain, Bugland and France based their claims upo tue right of discovery and exploration. 'I'h smaller states restcd upon still a tl theory, namely, the rights given by occupas tion and settlément. It was soon seen thap the last was the only true basts for acquiring dominion over new lands, aud in reality the cliims of all tho powers woro flually settled accordingly In this division of spoils, that purt of tha continent now includea within the bounderieg of Nebraska was securod by Franco as part of the proviuce ol Louisiana. If we inquire into the consiitutional form of the Krench state at that time, we will tind that while the people wero probably conscious of their owts sovereignty, the ouly political organization was iu the absolute monarchy, the monarch exercising usliuited governmental power, ‘he exercise of sovercignty, over Louisiand was thus vested io the French monarch alone wnd any person settling in that province would Eave uo political or legal rights other thau the Fronch king choso to confer. 'I'he transfer of that torritory to Spain by the secret trealy of Daris, signed Novemver d, 1762, merely moved the conter of government irom Versailles to Madrid. The Spanish state resembled I'ranc in politival orgauization and the control of the province continued to reside in the mou= arch. ‘The trcaty of cesslon, 1t §s important to not has never been published so that 1§, any definition of the boundaries was atd tempted. it Wis not Known to other powerss The Purchase of Loulsiana, By the treaty of San [ldefonso, October 1, 1800, Spain receded Louislana to Francg witnout definitely desoribing it except by terence to the document of 1762, ra was 1o longer under monarchy was a the head of uffairs us first consul. r'as the lirst time, the domain now include within Nevraska came undera constitutional nof government. But for the momen ango wus only nominal. The United 3 rn the treaty which ! Mrance neighbor “on the e of iwpotent Svain. Commiss sioners duly appoiuted by President Jeffer:on' Uy came 10 an unddrstanding with the entutives of Nupoleon which resulted in the acquisition of Louisiana by tha United States. Actual posscssion of tho territory had never pussed from Spain, As a consé: quonce, the de fucto government was Lranss' ferved divectly from Spain to the United Sta “Tho treaty & Loumiana was :uml.-,% by the United States October 21, 1303, I provides for the cession of *the colony or proviuce of Louisiuna with the siuio extant that 1L now has inthe hands of Spain and that it had when France possossed it and sucii us 1t should be after whc treatios subses quently entered inlo between Spain and other states,” ‘I'he extont of the territory is thus in uno way defined even by refers ence to preceding treaties except us (0 Lhe eustorn boundary. In this goant was includea the present torritory of the stats of Nobrasku although a cioud uiay possioly stilk! bave rested upon the title to the exiremne westers portion. The troaty includes seve eral stipulatious in regard to the resideat population. *The inhabitants of tho coded territory shall be iucorporated into the union of the United Stutes and admitied as svon as possible, uccording to tho princinies of the federal coustitution, to the enjoyment of al the rights, advantages and immunitios o citizens of 'the United States, uud in the wmeantime, maintained aud protected in the free enjoymuent of their liverty, property and the religion wbich they profess,’ The United States furthor ugree 10 execute ox- istng treaties vetween Spain and the Ir. dians until dissolved by mutual cousent and also Lo confer certain exclusivo advantnges upon French uud Spanish ships for 4 period of twelvo yoars, As compensation for tuis great sacrifice on the part of Napoieon, & soparate couvention provided for the pay- meut by the United States of 60,000,000 irancs as well as ihe claims of otr citizons for debts due from French citizens to the amount of 20,000,000 francs, and it elso stipulutod th manuer in which bonds for the payment o the same were Lo be exocuted, ‘The scruples of Jofferson as to the consti- tutionality of the treaty were awakened oven before it ias seat Lo the souate for ratifica- tion, Theonly clause in the federal constis tution upon which tie trausaction zould poss sibly rest was that grautiog the executlye the treaty-making power. 1f tercitory could bo purchused by treaty, there would” be no logical limiv whiatever to the power, 'I'ne president and seunsts might by treaty bind the nation to any proposiion when there might be no possibility of getting the house of “representatives 10 ussvut, and such & troaty would ve the supremelaw of the land. Jefferson saw ull this and weut so faras to draw up & constitutional amendment to legals ize the arrangement, but fiuully took the coge firmation of the treaty by the senate and b6 appropriation by congress of the money agreed upon us approval of bis course aud leL the matter rest, Tne purchase of Loul iana, though legitimate and necessary, was ongof the greatest strotehes of constitutional interpretation that has ever takeu plca, (is Justitication lies i this factaud iu this sloues hat the state wus compelled Lo attaln its uste ural geographic boundaries, W hetuer or not we aduere Lo auy doctrine of inberent and ine alienable natural rights of individual man, wi may subscribe 1o the theory of naiural vighss of the state. A most apt formulation of this theory was made vy Gallatin at this very tme. He wrote: “To e it would appeas that tho United Stales us @ uation bLave ag