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About The Nebraska advertiser. (Nemaha City, Neb.) 18??-1909 | View Entire Issue (Jan. 4, 1907)
7" f i fcorton'e History of Iftebraefca fv Hutbcntk 1400 to 1906 Complete (Copyrighted 1000. All rights resetted.) Dy courteiy of Editors and Publishers of Morton's Hisioiy, the Publishers Newspaper Union of Lincoln, Nebraska. Is permitted Its reproduction la papers e( thslr Issue r, V A' CHAPTER IV CONTINTED. (12) From tho timo of tho admission of Missouri as a stato in 1821 until 1834 all the remaining part of tho territory Was loft without any government Whatever. By tho act of Congress of June 30, 1834, "All that part of tho United States west of tho Mississippi river and not within tho states of Missouri and Louisiana or tho terri tory of Arkansas, and also that part of tho United States east of tho Mis sissippi river, and not within any .state to which tho Indian title has not been extinguished, for tho purposes of thlB act, shall bo taken and deemed to be Indian country." Tho object of this act was to deflno and regulate relations of tho United States with the Indians of tho territory In ques tion, and Jurisdiction of questions aris ing under it in all tho torrltory south of tho north lino of tho Osago Indian lands was vested in tho courts of Ar kansas, and of nil tho territory north of this lino and west of tho Mississippi In tho courts of Missouri. Tho act provided for a superintendent of In dian affairs for all the Indian country Who resided at St. Louis, and his sal ary was $1,500 a year. Ho was pro vided with two agents. By tho act of June 28, 1834, that part of tho terri tory eaBt of the Missouri and Whlto Earth rivers and north of tho state of Missouri was "for purposes of tempo rary government attached to and made a part of Michigan." That part of the territory west of the Missouri river, which included present Nebras ka, was left without government or political organization until tho pass age of the famous Kansas-Nebraska bill in 1854. CHAPTER V Thkj Missouri Compromise The Sec ond Compromise Stephen A. Doug lasThe Richardson Bill The Dodge Bill The Kansas-Nebraska Bill Provisional Government Divi sion of Nebraska Iowa Dominance Estimate of Douglas Proposed Boundaries. Tho first direct contest over tho slavery question took place when John Taylor of Now York, February 17, 1819, moved to amend the bill for the territorial organization of Arkan sas by tho same anti-slavery provision which Tallmadgo sought to incorpor' ate into tho enabling act for the ad mission of Missouri as a stato. It provided that no more slaves should be introduced into tho territory, and that all children born after admission should be free, though they might bo held to service until the ago of twen-ty-fivo years. But tho status of sla very was fixed on the east in Missis sippi and on tho south in Louisiana at the timo of tho purchase, and the argument that Arkansas was natur ally and by original right slave terri tory easily prevailed. But the pro posal at tho same timo to admit Mis souri as a stato started tho fierce con troversy over tho slavery question, which to leading statesmen oven then seemed destined to end in disruption of tho Union, nnd war, and which were postponed merely by tho three great compromises tho last being tho Nebraska" bill. Missouri becamo tho storm center, partially because it was further north, and therefore less logically or natur ally slave territory than Arkansas, and partially because tho proposed dedi cation of tho stato to slavery by con stitutional provision would bo final. The lower house of tho 1st Con gress resolved, after thorough debate, that Congress had no power to Inter fere with slavery in the states, and the North faithfully adhered to this decision. Tho prompt and almost unanimous passage of tho act prohib iting the importation of slaves after January 1, 1808, tho timo when the constitutional limitation would expire, seemed to end tho slavery question, and "tho abolition societies which ex isted in all of tho states as far south as Virginia died out; it seemed as if their occupation was gone." There was a growing conviction that slavery was In a docline, and Jefferson and ladison proposed and hoped to colonize tho slaves of Vir ginia in Slorro Leone. But when tho Missouri question came up, tho cot ton gin and tho fugitive slave law brought forth In tho same year had been ht work, gradually changing commercial conditions and moral at titudes, for twenty-five years. From tho timo of the Invention of tho cotton gin till slavery agitation culminated in secession in 1SC0 tho production of cotton increased a thou sand fold. In 18C0 Its total product was twelve times that of sugar and thirty-five times that of rice; and to tho raising of cotton it was believed that slave labor was indispensable "Cotton fostered slavery; slavery was tho cause of tho war between tho states. That slavery Is a blessing and cotton Is king were associated ideas with which tho southern mind was Imbued before tho war. On tho floor of tho Senate It was declared that cotton had vanquished all powors, and that Its supremacy could no longer bo doubted." Thus tho slavery issuo was as sel fishly sectional and commercial as tho tariff issuo, which precipitated nulli fication in 1832 and lias kept tho coun try In a stato of sectional embroil ment over since. Previous to tho war political policies were controlled by the Northeast nnd tho South. Tho Northeast was adapted to manufact uring, for which slave labor was un fit, and so tho Northeast eschowod slavery and choso a tariff subsidy in stead. Tho South believed that it could only raise tho raw material for which slavo labor was essential, and so refused to pay Now England's tar iff subsidy, and clung to slavery. Tho samo immoral prlnciplo In kind was Involved In both policies, but It dif fered in degreo, and to tho disadvan tage of the South; and on this point the Northwest, holding tho balanco of power, sided, with tho Northeast, and tho South was loser. It was Inslstod also that tho growth of slavery was inherently essential to its life and, in turn, demanded its territorial ex pansion. To further this end, in the Missouri controversy Clay contended that this spreading policy was philan thropic and would mitigate tho evils of crowded confinement within tho old states, and Jefferson, in his anxiety to ameliorate tho condition of tho slaves, since he now despaired of tho practicability of abolishing slavery, lent his approval to this theory of dilution. In 1820 Missouri had a free popula tion of fifty-six thousand and ten thou sand slaves. In those days at least no odium of being dedicated to com mercialism attached to Now York, for sho furnished the loaders in this first groat antl-slavory battle Tallmadgo and Taylor in tho House and Rufus King in tho Senate. To illustrato so momentous an event possibly Schoul er's partial rhotorlc Is not too highly colored. Referring to Tallmadge's ad vocacy of tho restriction amendment to tho Missouri enabling act, which ho had offered, tho historian says: "His torch kindled this great con flagration. A young man of seem ingly frail health, but of burning elo quence and seemingly deep convic tion, his national service was limited to a single term . . . for ho de clined a ro-elcctlon. His crowded hour hero was one of glorious life; ho blew ono loud, shivering blast and then passed out to bo heard no inoro." But this panegyric is faulty in its implication that the North was tho aggressor in the Missouri struggle; and the contrary contention has been urged by the highest authority: "In that section (tho North) tho status of slavery had long been regarded as settled. No ono supposed for a mo ment that another slavo state would over be added to the Union." "Tho Missouri compromise was a southern measure. Its passage was considered at tho time as in the interests of tho South, for it gained immediately a slave state in Missouri, and by impli cation another in Arkansas, while tho settlement of tho northern portion' of the territory was looked upon as, re mote." , On tho other hand, as lato as 1836, John Quincy Adams, a stout and con sistent opponent of the- expansion of slavery, in advocating tho admission of Arkansas as a slavo state, quoted tho Louisiana treaty, which provided that tho inhabitants wore to bo "In corporated In tho Union and admitted as soon as posslblo to enjoy all the rights, advantages and immunities of the United States." And ho held that, "As Congress has not tho power to abolish slavery In the original states of the Union, they are equally destl tuto of power In those parts of tho territories coded by Franco to tho United States by the name of, Louis iana, where slavery existed at tho timo of tho acquisition." And Mr. Adams also said that ho had favored tho admission of Missouri on this ground, though ho also favored tho restriction of tho compromise as to tho rest of tho territory. But there is no doubt that the con flict which began over tho Missouri question was irrepressible, and a few statesmen at least so interpreted and feared it. From Jefferson in his re tirement at Monticello came the cry that it was "tho knoll of the Union"; and Clay lamented that "tho words civil war and disunion aro uttered almost without emotion." It was in tho very naturo of things that tho North should stand against tho ag gressive expansion spirit of tho South; and now that the northern obstruc tionists had outgrown tho determined propagators of slavery, outnumbering them in the House of Representatives by twenty-nine members, tho ob struction was tho more exasperating. Tallmadge's amendment passed tho House by eighty-seven to seventy-six, notwithstanding tho great adverse In fluence of Clay who was then speak er; but it was lost in tho Senate, and tho bill for tho timo was dead. Tho bill for admitting Missouri as a slavo stato was passed March C, 1820. Tho three points of tho compromise were as follows: First, tho Senate should consent to tho division of the bill for tho admission of both Maine and Mis souri; second, the House should yield on tho restriction of slavery in Mis souri; third, both houses should con sent to tho admission of Missouri with slavery, but forever restrict It from all tho Louisiana territory north of tho parallel 30 30' tho extension of tho southern boundary of Missouri. John Randolph dubbed tho flftoon northern members who voted against tho restriction of slavery in Missouri "dough faces," and tho epithet stuck to thorn and their kind till tho death of tho slavery question. Every mem ber of Monroe's cabinet answered yes to his question whether Congress had tho constitutional power to prohibit slavery in tho territories. John Quin cy Adams thought that this power ex tended to statehood as well, while Crawford, Calhoun and Wirt thought It was limited to tho territorial status alone. This difference was portontous of trouble to como. "The constitution offered by Missouri forbade tho stato legislature to Intcr foro with slavery, and required It to pass laws prohibiting freo colored peo ple from sottllng in tho stato. The anti-slavery element In tho Houso was of courso opposed to these provisions, and it seomod as if tho whole question would bo reoponed. But in 1821 Clay succeeded In smoothing ovor tho dif ficulty by a stipulation that tho Mis souri legislature assent to a condi tion that tho exclusion clauBo of tho constitution should novcr be construod to authorizo tho passago of any law, and that no law should ovor bo passed, by which a citizen of any Btato should bo deprived of any privileges and im munities to which ho was ontltled under tho Constitution of tho United States. The legislature coupled to its assent to this fundamental condition tho ungracious declaration that it was an invalid requirement and not bind ing upon tho stato. But tho rcstlvo territory at last camo Into tho Union by the proclamation of tho president, August 10, 1821. Tho second great slavery compro mise took place In 1850, and tho con troversy which It temporarily settled arose directly out of tho question of territorial organization for Now Mox lcb and Utah. This portion of tho country had been acquired by tho Mexican war and therefore was out side of tho Louisiana Purchase, and so appertains to our subject only as It leads up directly to tho Nebraska bill. Tho first contest ovor tho ex pansion of our territory aroso out ot tho determination of tho pro-slavery element to annex Texas. "Webster and Clay, the great whig loaders, and tho Van Burcn element of tho democ racy wore opposed to annexation. Van Buren lost ronomlnation for tho presi dency through his opposition, and Clay, alarmed at tho power and de termination of tho South, lost tho election to Polk by retreating from his positive ground and attempting to got on both sides. Tho annexation of Texas was chiofly duo to Calhoun, Tyler's secretary of stato, and. he boldly advocated it on the ground that it was necessary to tho preservation of slavery. Under Polk the demo cratic party, for tho first time, was in tho hands of tho southern element and committed to tho now aggressive policy of slavery extension, and under this policy war with Mexico was de liberately provoked, and tho annexa tion of tho vast territory between tho Louisiana purchaso and tho Pacific ocoan brought about. Tho great north ern leaders opposed this acquisition or "robbery of a realm," as Channlng put It. Webster based his opposition ostensibly on tho general principlo of non-expansion. In a speech before tho whig stato convention at Boston, De cember 29, 1847, ho donounced tho war as unnecessary and thoreforo un justifiable. "I should deprecate any great ox tension of our domains. . . I think that thus far wo have a sort of iden tity and similarity of character that holds us together pretty well. . . I do not know how we can preserve that feeling of common country If wo extend It to California. . . I say at onco that unless tho president of the United States shall make out a case that the war is not prosecuted for tho purposo of acquisition of do minion, for no purpose not connected directly with tho snfety of the Union, then they (tho whig houso of repre sentatives) ought not to grant any further supplies." To what a truly "little American" must such sentiments reduco the "god-like Webster" in tho eyes of tho present-day expansionist! But slavery extension was firmly in tho saddlo, and only to bo unhorsed by the shock of war. Calhoun boldly brushed asldo his assent in Monroe's cabinet to the restriction of slavery In tho territories by tho Missouri compromise, which tho tell-tale diary of John Quincy Ad aras has disclosed, and Insisted that, as soon as the treaty with Mexico was ratified the sovorelgnt yof Mexico becamo extinct and that of tho United States was substituted, "carrying with It tho Constitution with its over riding control over all tho laws and Institutions of Mexico Inconsistent with it." Tho continuation of Blavory In Arkansas and Missouri had been defended on constitutional ground be cause it existed there under Spanish and French law at tho time of tho cession. By parity of reasoning, thore foro, slavery should not bo extended Into tho newly acquired Mexican ter ritory because it had been formally abolished throughout tho Mexican do mains by the Mexican government. But with Calhoun necessity was a pro lific mother of Invention. Webster In his speech on tho ad mission of Oregon as a free stato, August 12, 1818, reminded tho South that already five slavo states had been admitted from territory not con templated when tho Constitution was formed, and sinco slavo labor and freo labor oould not exist together tho in equality would bo on tho sldo of tho North In northern territory. He pointed out, in opposition to Calhoun's sweoping doctrino, that slavory rested on purely local law and was against natural law. Under tho Roman law and tho law of all mankind a person was presumed to bo froo till It was proven that ho wns a slavo. But his most Important proposition was1 this: "Congress has full powsr over the subject It may establish any such government, sad any such laws in tho territories as in Its discretion it may soe fit. It is subject of courso to tho rules of justice and propriety; but it is undor no constitutional re straints." Calhoun, who, when tho question of tho territorial organization of New Moxlco nnd Utah aroso, had come to be representative of tho South, de manded equal rights for slavery in tho nowly acquired torrltory, actual return of fugitive Blaves, and that agi tation of the slave question should ceaso. Tho Now Mexico and Utah bill was a compromise with tho first domand in providing that whon theso territories camo to bo admitted as states they should como in with or without slavory ns thoir constitutions might prescribe; it yielded to tho sec ond domand by greatly strengthening tho fugltlvo slavo law; and ns to tho third demand that was beyond tho power or reach of any human agency. Tho compromlso of 1850, thon, led tho way directly to tho third and last com promlso of tho slavory oxtcnslon ques tion the Kansas-Nebraska bill. It was n natural, if not an easy step, for "squatter sovereignty" from this out- sldo territory whero It had been on- throned ovor Into tho jurisdiction of the MIsbouH compromlso. The align ment of parties, or rather of sections, on tho slavery question at this timo Is shown by tho vote for tho ndhilssion of California as a froo stato. Tho nycs wore composed of fifteen north ern democrats olovon northern whigs, four southern whigs, and Salmon P. Chase, John P. Halo, Thomas H. Bon ton and Houston of Toxas. Tho nays were all from slavo states, and all democrats but three. Tho questions of tho compromlso wore, tho organ ization of the territories of Now Mox lco and Utah without tho Wllmot pro viso, that is, without any restriction as to slavery, the admission of Cali fornia as a freo stato, tho abolition of tho slave trade In tho District of. Columbia, adjustment of tho Texas boundary dispute, and strengthening, of tho fugitlvo slavo law. Thoro has never boon an array of giants In de bate in Congress equal to thoso who discussed tho compromlso of 1850. Among its supporters woro WobstQ.r, Clay, Cass, and Douglas; and among Its opponents, Calhoun, S'oward, Chaso, Halo,, Benton and Jefferson Da vis. Calhoun's Bpoech in opposition was his last in tho Senate, and ho died beforo tho bill finally passed. It was tho last strdgglo also of Clay and Webster. Clay died In 1852, two weeks after tho whig convention had' set him adido for General Scott as tho candidato for president, and Web ster died four months lator, "tho vic tim of personal disappointment" Tho slavory question, which had been twlco compromised with Buch futility, in 1820 and 1850, was more acute than ovor in tho contest ovor tho Nebraska bill, and was now fitly characterized by Soward as tho "Jrro prossiblo conflict." The doath of Web ster, Clay and Calhoun left Douglas easily in tho ascendency as loador and offectlvo dobater. "His bluo eyes and dark, abundant hair heightened tho physical charm of boyishness; his virile movements, his face, heavy-browed, round, and strong, and hlB well-formed, extraordinarily largo head gavo him tho aspect of In tellectual power. He had a truly Na poleon trick of attaching men to his fortunes. Ho was a born leader bo- yond question." This commanding physical equip ment was completed by his firm, rich arid powerful voice. Douglas certain ly strongly resombled Napoleon in his boldness nnd brilliancy in giving bat tle and his wonderful successes; and In his tragical personal defeat, which was the concomitant of his brilliant victory in the Kansas-Nebraska cam paign, thero is a strong reminder of Waterloo. Douglas was tho pioneer projector of a territorial organization for Nebraska. As early as 1844 ho Introduced a bill in tho Houso of Rep resentatives ''to establish tho territory of Nebraska," which was read twlco and referred to tho committee on ter ritories from which it was not re ported. In March, 1848, bo introduced a bill of tho same purport which was recommitted on his own motion in tho following December, and, like its pred ecessor in the Houso, was pigeon holed by the committee. Tho boundaries of tho proposed ter ritory In tho bill of 1844 wore as fol lows: "Commencing at tho Junction of the Kansas with tho Missouri river; thenco following tho channel of tho Missouri river to its confluence with tho Qui Court, or Running Water river; thenco following up tho latter river to tho 43d dogreo of north lati tude; thenco duo west to tho summit of tho grand chain of tho Rocky moun tains; thenco duo south to the 42d dogreo of latltudo; thenco pursuing tho lino agreed upon between Spain and tho United States, Fobruary 22, 1819, as tho boundary between tho territories of tho two countries, to tho 100th dogreo of longitude west from Groenwlch; thenco following tho courso of tho Arkansas river until It intersects tho 38th parallel of latitude at a point east of tho 98th dogree of longitude; thenco duo east on the 38th parallel to tho boundary lino of tho state of Missouri; thenco north on tho said boundary lino of tho stato of Missouri to tho place of beginning." Following aro tho boundaries pf the 1' I bill of 1848: "Commencing at a point In the Mil seuri river whore the 40th parallel of north latltudo crosses said river; thenco following up tho main channel of said river te the 43d parallel of north latitude; thence west oa salt parallel to tho summit of tho Rocky mountains; thenco duo south to the 40th parallel of north latitude; thence east on said parallel to tbe place) of boglnning." tl Why Douglas should have projected theso measures so much before their, timo, or, to put it another way, why so forceful a member as DouglM should have done so little with them has boon superficially regarded as ia explicable except by tho assumption that from tho f! it his motlvo was to fttrthor tho scheme of tho South tor tho extension of slavory. But inspir ing tho origin nnd running through the entire long campaign for tho organ Izatlon of Nebraska wo find tho strong and Btoady purposo of commercial en torpriso. Chicago, where Douglas lived, was already tho potential bate of northwostorn commocrlal conqueet! and development In 1844 tho state of I Illinois was already well settled,' and I tho torrltory of Iowa had become,!;! portant In population as well as prol iso. Tho quick eyo of business Intern est already saw that tho Missouri! river would soon bo tho terminus qLJ railway linos leading from Chleagfrl Whltnoy had come home from Europe I In 1844 onthuslastlc In tho conviction of the need and practicability of a rail--1 way to tho Pacific, and ns early a I January, 1845, ho memorialized both ! houses of Congress in favor of such al nroJoct and from that time on the na J tlonal legislature was bombarded with I Influences in its fayor. The repre I sentatives In Congress from Illinois J and Iowa" could now seo tho lmpor-'l tanco of making the most of this bor- ,1 dor torrltory. Douglas, as chairman! of tho committco on territories, was I tho natural agent and spokesman for I theso interests. Ho afterward ox I nlnlnod his seemingly premature ac- I tlon in introducing tho organization, J bill of 1844 by saying that ho served it on tho secretary of war as notice -that ho must not locato any- more Indians thoro, and by repeating this notico ho nrovontcd action for ten years. Ho said also that tho Atlantic I states opposed opening Nebraska to." settlement out of Jealousy, and that; both political parties had tho power;' to dofeat the Kansas-Nebraska bill by. making now Indian treaties, and "X was afraid of lotting that slip." , ? In December, 1851, wmnrd-i', Ha,-: member of tho Houso from Missouri, 4, gavo notico of a bill for the same nurnose. and although Missouri states ' men favored tho organization of the. J torrltory on tbolr wostorn border at I Mir. nnrllnof tfmn. nnrl Mr. Mull .R-1 tlvcly sunnorted tho successful meas- lUU VUt ItVU K -.- - uro In 1854, his own bill Beems to have porlshod by neglect Mr. Han aiso Introduced a bill for tho organization of tho torrltory of tho Platte on the 13th of December, 1852, but' it was novqr roportod from tho coihmltteo. The introduction of a bill by this lead-, lng membor of tho lowor- house from Missouri so shortly bororo tne com , nletlon of the Kansas-Nebraska bill, and which made no reference to sla very or tho ropoal of tho compromise, lnuBiraies uiu lnuiuuruuvu iu iu ruination th-m nvfntlnfr in that, state. and also the complete dominance in tho public mind of tho name Nebras ka, or Its French substituto, ror tne, country in question. From the time tho region or .tne Platte valley becamo known to white. men till it was politically divided toy the Kansas-NobraBka act, the- name of its nrincinal river was applied, rough ly Bpeakirig, ,to the. country between the water-shed of the Platte ana Ar kansas rivers on tho south and the 43d parallel on the north, the Missouri river on the east, anu tne Koctcy mountains on tho west. It waB "the Nobraska country." fin Fnhnmrv 2. 1853. W 111am A. Richardson, member of tho House I irorn milium, unu ,vvuu, mtui mu ucm of Douglas in 18C1, was elected .to fill d portion of his unexpired senatorial terra, Introduced houso bill No. 353, "to organize tha torrltory of Nobrasr ka." This bill, which mado no refer . onco to slavery, passed tho house Feb- ' runry 10, 1853, by a voto of 98 to 43. Tho northern boundary of the terri tory described in this bill was the 43d parallel, the present boundary of Nebraska on that sldo, Its eastern limit was the west lino of Missouri and Iowa, its southern, tho torrltory of Now Mexico and tho parallel of 3G 30', and Its wostorn, tho summit of tho Rocky mountains. Tho bill un derwent an extended and spirited de bate which throws an interesting light on tho condition of tho territory and of politics at that time. It -appears from tho dobato that tho Indian af fairs of tho territory were under the jurisdiction of the superintendent at St Louis, and that all Indians located immediately along tho Missouri fron tier had been removed thero from their eastern habitat. Mr. Brooks of Now York objected strongly to tho bill on tho ground that tho govern ment had no right to tako possession of tho torrltory because tho Indian title to it had not been extinguished.