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About Nebraska advertiser. (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882 | View Entire Issue (Dec. 15, 1859)
5 BVtfMSHfWWSi" tion of several counties is, I believe, both necessary and riht.and I recommend the subject to your favorable consideration. The condition of the Capitol building demands immediate attention. A proper " representation from the Lcgulature to Congress would, I believe, secure such necessary appropriation as-may be suf ficient to completer the building and make it convenient for use, and safe. Fifty thousand dollars appropriated by Congress and sixty thousand dollars fur nished by the City of Omaha alone, have leen expended and the house is still un finished. It is estimated that about thir ty thousand dollars will be required to finish the whole work, and thus save the sums already expended from being little better than a dead loss. Daring the last spring and in the ear ly part of the "summer, the settlers, par ticularly in the Platte Valley and about the Elk Horn River, were subjected to depredations an outrages by the Paw nee Indians; of the most aggravated char acter. For a season, no one within their reach was safe in person, habitation ores tale. The citizens residing in districts not very thickly settled were exposed to personal insult' and violence, and their property not only secretly stolen, but tak en boldly and driven away in the presence of themselves and families. Houses were broken into and plundered of, their entire contents, and in some cases fami lies were turned out without a home. roft Unices were entered by violence, and the mail of the United States either robbed or destroyed. The people of the neighborhood organized as well as they , could, for their protection, and finally, on the first of July, appealed to the Lxecu Uve for assistance. During my tnmpora- " -ry absence from the Capitol, and with the 'approbation of Secretary Morton, an ex pedition was organized, under the mili narv direction of-Gcneral Thaver, and j 0 started as promptly as possible for the scene cf trouble. Information bein:r ' communicated to me by express, I start cd immediately for the Capital, having with me a few Government troops, un- .der Lieutenant Robertson, of the Dra Co'ons and arrived at Omaha on the even ing of" July 5th. With those troops and some volunteers, I came up with the ex pedition early on the morning of the 8th The whole force numbered about 200 men and was placed under the immedi ate command of General Thaver. After a forced march of four days, we overtook the Indians, who had by this time started ibou their summer hunt. After tha first demonstration they surrendered, un conditionally, and submitted to reasona ble and just terms. This 13 not the place mr the time to furnish details of the af- - fair; but this much I have considered due to the Legislature in view of the recom mendation I intend to make. The fafety of the people for the pre 'spm and the future, and the vindication of the great riht of every citizen to the . protection cf the Government, as well as the punishment of sarage outrage and enormity, and the reparation and redress . 'of serious wrongs, demanded the adop tion of the course which was pursued. The spirit with which the exigency was . met by the rallant men who volunteered is entitled to the highest commendation and applause. Many of our merchants and others furnished ammunitions, sup plies and transportation for the expedi tion, involving them in considerable ex pense and outlay. It would be unjust no . ' .to say that their generosity is worthy of all adaptation. The whole debt and de mind of the expedition is just, and should be paid. It is fairly a debt of ihe Gen eral Government, and I have no doubt will be so recognized by Congress. But for the purpose of immediate liquidation, that nothing may be passed but what is perfectly fair, I recommend and request the appointment of a special committee, . . who will investigate the whele matter, and make such report as to justice and equity may belong. All the papers con nected with the expedition are in my pos .. session, and will be cheerfully furni&hed to the committee, with such information as it may be in my power to communicate The results of the expedition have been good. Since that time the Indians have manifested no disposition to molest any one, and the settlers repose under a sense of security not hitherto enjoyed. I feel that I would be withholding from you important and interesting informa tion, if I failed to communicate the , knowledge which I possess of the public sentiment in most parts of the Territory, ' relative to a State organization. A large . ' majority of the people are evidently in favor of the movement, and have already indicated, in various ways, a general and decided wish that this Legislature should take action on this subject. What that action shall be is, of course, for you to decide. It is well enough for us to try and understand what our present condi tion is, and what are our gelations to the Federal Government. Like Kansas, New Mexico, California, Minnesota, Iowa, Ar 1 kansas, Missouri, and many other Terri- lories and States which I could name, we belong to Territory acquired since the adoption of the Constitution, and "ovtside of the original limits of the United States." Nebraska is a part of the Louisiana pur chase, or acquisition, made by Mr. Jef ferson, in 1S03. Like the present States of Louisiana. Missouri, Arkansas, Iowa and Minnesota, it was acquired for the purpose of being "admitted as one of the States of the Union," and for no other purpose. The powers of the Federal Government are "delegated and restrict . cd powers." By this I understand that whatever the States, which created it, have authorized it to do, in the Constitu tion, it may do, and no more. "New States may be admitted by CongTess into this Union." Texas and California were admitted directly and without the inter position of a Territorial Government. Under the clause of the Constitution which I have quoted and settled that 4 the power to expand the territory of the Uni ted States, by the admission of new States is plainly given and it has been held to authorize the acquisition of new territory, not fit for admission at the time, but to be admitted as soon as its population and sit uation would entitle it to admission. It is acquired to become a State, not to be held as a Colony, and governed by Con gress wiih absolute authority. And as the propriety of admitting a new State is comraitied to the sound discretion of Con gress, the power to acquire territory for that purpose, to be held by the United States until it is in a condition to become a State, upon an equal footing with the other States, must rest upon the satns dis cretion. From the foregoing opinion and autho nty, two propositions seem to be plain : rirst. Congress mav "expand the territory of the United States, by tha ad mission of new States;" and "that the the propriety of admitting a new State is committed to the ssund discretion of Congress." Second. The Federal Government, as a trustee for the people of the several States, may acquire foreign territory, for the purpose of its being admitted into the Uuicn as a State, and not for the purpose of its baing held and governed as a Co lon', nor for any other purpose except to be admitted into the Union as a State. And this, that is, the acquisition of new territory like the admission of new States, is committed to the sound discretion of Congress. So far as Nebraska is concerned, that acquisition was made 56 years ago, and, both by the Constitution and the treaty with France, the purpose was that it, or a portion of the Louisiana purchase, might become a State of the Federal Union. In making that acquisition. Congress ex ercised her sound discretion. ' The terri tory of Louisiana, being all foreign, and "outside of the original limits of the Uni ted States," Congress might have decli ned the acquisition altogether, without violating either the letter or the spirit of any law. And the same is true as to the States of Texas and California. But the discretion of such a course would, at this day, be both doubtful and. condemned. The admission of Nebraska as a State, now or hereafter, it is granted, is within the discretion cf Congress. It is not, however, an unlimited and irresponsible discretion ; but it is legal, limited, and must be obedient to the Constitution. The power is conferred, as in the case of California; but, as was not the case in regard to that State, it is a power confer red with a duly. As I have already re marked, this Territory, like Kansas. Iowa, Arkansas, Missouri, and Minneso ta, was acquired by the States of the Con federacy, through their Representatives, for the purpose of being admitted into the Federal Union of States. In the dif ferent parts of the Louisiana acquisition, Territorial Governments were formed, as their several necessities demanded the formation of a temporary government. The territory was held by the general government, as the agent and trustee of the Slates, "until it was settled and in habited by a civilized community, capable of self-government, and in a condition to be admitted on equal terms with the oth er States, as a member of the Union." And as the Supreme Court have again said, "until that time arrives," the pro visional or jmporary government is es tablished in order to organize society, and to protect the inhabitants in their persons aud property." And as the same court have again expressed it in clear and ade quate language, "some form of civil au thority would be absolutely necessary to organize and preserve civilized Society, and prepare it to become a State." The conclusion to my mind is then ir resistible, that the United States acquires and can acquire Territory, like Nebras ka, only for the purpose of it becoming a State. To this great end and consum mation a territorial or other temporary government is formed. It is all, first to last, progress towards the one result. You, as the representatives of the peo ple, have the rightful authority vto conti nue that progress in such lawful way a3 shall seem good in your sight. If a Con vention shall be called, and a Constitution adopted and ratified by the popular voice, and that constitution, being republican in form and not inconsistent with the Con stitution of the United States, and by proper petition or memorial presented to Congress, our duty as a people is done, and the duty of the general government begins. We should be neither too hasty in seek ing admission into the Union, nor too slow. It is true,in the admirable lan guage and thought of a President's Mes sage, that "immediately upon the forma tion of a new Territory, people from dif ferent States and from foreign countries, rush into it, for the laudable purpose of improving their condition. Their first duty to themselves is to open and culti vate farms, to construct roads, to establish schools, to erect places of religious wor ship, and to devote their energies, gen erally, to reclaim the wilderness, and to lay the foundations of a flourishing and prosperous commonwealth.". All this, and more, has been done by the people of this Territory, during the five or six years which have followed its formation. Thirty vears ago people went into new States and Territories with slow and measured step; but now, and it is no unmeaning truth, they rush into them and commence at once to cultivate farms, to build towns, erect places of religious worship, and workout, with great rapidi ty, their own redemption and that of the wilderness, together. I suppose no one will say that this Territory is not "settled and inhabited by a civilized community, capable of self government." Indeed, I a:n not sure that our people have not been a little too civilized, respectable, and law-abiding for their own good. With an unfaltering step they have pursued the noiseless te nor of their way,' attracting no uausual notice from abroad as other places or Territories have done, with no aid or re sources but their own, they sought out this Territory for a home. By industry, patience, endurance and enterprise, they have brought it to its present advanced condition of improvement and promise. While our civilization and capacity of self government may be admitted, it may no doubt be objected that we fall short of sufficient population to entitle us to come into the Union as a State. This may be the prevailing sentiment in Congress, and the rule become established that no new State shall be admitted, unless her population is large enough to entitle her to at least one representative, under the ratio fixed by law. At present that ratio is 93,423. Whatever our increase may be in the next six months, and although we may exceed this ratio then, I do not believe that we possess it now. I am not able to see that the rule is a just one, and that it is not in conflict with the Constitution. I do not contend that every community has a right to call itself a State and demand admission into the Union. Far from it. But if a Territory has been acquired to become a Stale, and its civilized society has been organized, changing Legisla- preserved and prepared for that purpose, I think the great question is, has it reach ed the status, or condition of a State. In regard to population, the Constitution seems to indicate what number is suffi cient. "The number of representatives shall not exceed one for every thirty thousand; but each State shall have at least one representative." And until the "enumeration shali be made, Rhode Is land and Providence Plantations shall be entitled to choose one, and Delaware one." Rhode Island and Delaware might, at the adoption of the Constitution and af terwards, have fallen short of 30,000, but still each would be entitled to a Repre sentative, because "each State shall have one." But the number of Representa tives, as a rule, "shall not exceed one for every 30,000. The Constitution fixes the minimum of each additional Repre sentative at one for every 30,000. If the ratio of representation, and the right of admission by a new State have any just connection, is it not reasonable to say that the number named in the Constitu tion as a minimum, is a better guide to wards this much desired Status, or con dition ot a State, than the ever chang ing rules of our ever ture? Arkansas Avas admitted in V1S36 when her inhabitants were said to number 47 700 persons "computed according to the rule prescribed by the constitution." From previous and subsequent data fur nished by the census of 1630 and 1810, it is fair to say she had over 40,000 inha bitants. But whether-she had or had Lot, she was rightly and righteously ad mitted, although violently opposed by some on account of what was called the perpetual slavery clause of her Constitu tion, aud by others because she had form ed her State Constitution without the pre vious consent of Cong' ?ss in the shape of an enabling act. her small population seems not to have been involved in the discussion. All objections were answered in both houses of Congress by the great states man of that day, and the act for the ad mission of Arkansas passed by an over whelming vote. Mr. John Quincy Adams, whose senti ments agaiust slavery were intensely strong, said in the House of Representa tives. "I c nr.ot consistently with my sense of my obligations as a citizen of the Uni ted States, and bound by my oath to sup port the Constitution, I cannot object to the admission of Arkansas into the Union as a slave State. She is entitled to ad mission as a Slave State as Louisiana and Missouri have been admitted by virtue of that article in the treaty for the pur chase of Louisiana , which secures to the people of ihe ceded territories, all the rights, privileges and immunities of the original citizens of the United States, and stipulates for their admission conformably to that principle, into the Union. Arkansas therefore comes, and has a right to come, into the Union with her slaves and her slave laws. It is written in ike bond, and however I may lament it was so written, I must faithfully perform the obligation."" That bond to which Mr. Adams refers is the treaty. Its language in the third article is as follows : "The inabitants of the ceded territory shall he incorporated into the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution to the enjoyment of all the rights, privi leges and immunities of citizens of the United States; anl in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess." No interpretation of the foregoing ar ticle in the treaty could be more explicit and clear than the exposition by the Jus tice Catron of the Supreme Court of the United States. Speaking of the whole Louisiana purchase he says: "It was to a great extent, a vacant country, having in it few civilized inhabitants. No one portion of the colony of a proper size for a State of the Union, had a sufficient number of inhabitants to claim admission into the Union. To enable the United States to fulfill the treaty, additional po pulation was indispensable, and obviously desired with anxiety by both sides, so that the whole country should as soon as pos sible become States of the Union. And for the contemplated future population the treaty as expressly provided as it did for the inhabitants residing in the Pro vince when the treaty was made. All those were to be protected 'in the mean time,' that is to say at all times between the date of the. treaty, and the time when the portion of the territory where the in habitants resided was admitted into the Union as a State." I repeat that the admission of Arkan sas was just and right. She had attained to the status or condition of a State, al though her representative population, all told, amounted to but 47,700 persons. If she was a State then, Nebraska has a right to be a State now. And I deny that Congress has a right to place obsta cles in the "way of her admission, which are the manufacture of late years, and not to be found in the Constitutiou or the treaty. I cannot agree that because Congress has power to admit, it has un limited discretion to deny. The power is conferred to accomplish the end, and not to defeat it. When foreign territory is acquired for the purpose of becoming a State cf the Union "as soon as possi ble,"! regard him as assuming a grave responsibilily who says that a State may be kept out as long as possible. I have not been able to find a warrant for it in the Constitution; and I am very sure it is not "so nominated in the bond." The people of Florida held a Conven tion and adopted a State Constitution in 1S39. " Their memorial with the procee dings of the Constitution were presented to Congress early in the same year. On the 3d March, 1845, an act for the ad mission of Florida (with Iowa) was pass ed. Not one word was said in the act about population. In the Senate the bill pass-d by a vote of 36 to 9, and in the House by 144 to 47. At the same time Florida was admitted the representative ratio under the act of June 2-5, 1842, was 70,570 persons. By the census of 1S40, which was com pleted some time prior to the passage of the act of 1S42, Florida showed a popu lation of 27,943 whites, 816 free colored, and 25,717 slaves; so that about the time the apportionment act was framed, her entire representative population was 44, 190. Compare the result of this census with that of 1850 and '51 and by fair calculation, the population of Florida on the 3d of March 1S45, did not exceed the following estimate, viz: 33,721 whites, 851 free colored, and 27,076 slaves. So that her representative population when she was admitted as a State, may be fair ly set down at 50,818, cr 19,862 less than the ratio of one representative under the then existing law. The people of Florida, as early as 1839, thought they were fit to become a State, and bear its burdes. In the course of five or six years, Congress came to the same conclusion, by the very large vote which I have quoted. The histo rians of the time do not tell us that there was any conception or sense of injustice to the existing States because the popula tion of Florida was so small. Mr. Ben ton says Iowa and Florida were admitted "without a struggle." Iowa has increas ed in population and wealth, since her admission, to a wonderful degree, and is already one of the great Western States of the Union; while no one dare say for a moment, that Florida has uot fully jus tified her claim to fellowship and equality with the other States of the confederacy. But if the rule of population, enough for at least one representative, is to he established, and is to govern the claim of every future State for admission into the Union, let us look a little at its practical operation. Nebraska has at this time say 50,000 or 60,000 inhabitants at all events she has less than 93,423. In the jrear 1860 her constituted authorities call a convention confessedly lawful, the peo ple approve, a constitution is adopted and ratified, a memorial in due form is presented embodying our prayer for ad mission. All agree that there is no ob jection to the constitution, but we are told that, not having 93,423 inhabitants, Ne braska is not fit to be admitted as a State of the Union, and she is rejected possi bly by the votes of Massachusetts, Rhode Island, Pennsylvania, Delaware, Ken tucky, Tennessee, Indiana, Florida and South Carolina. A new census is taken in 1860 aud '61, and is followed by an apportionment. Nebraska by this time numbers 93,423 "inhabitants, and she again comes and prays for her place, her constitutional and stipulated place, amongst the independent States of the confederacy. Is the door opened and does she enter? No. Why not? Con gress says to her, we have increased tke ratio of representation to 120,000, and although you were fit two years ago, you are not now. Not because you have changed, but because we have. And she is turned away with a heart made sick by hope deferred to seek such consolation as they can find who feel that they have no future. A formidable objection to the admission of any new state without this "requisite population" is alleged injustice done to existing States. Whereas a Ter ritory ha3 but a delegate without a vote, as a State she would have a representative with a vote and a voice equal to that of any other representative on the floor of Congress. Even so. And this is preci sely what was contemplated when this territory was acquired in 1803, and the present temporary, government was con structed in 1S54. But for the ' purpose of fully under standing the injustice done to existing Slates, let us consider facts relative to representation, as they exist' under the apportionment made after the 'census of 1850. The ratio of apportionment among the several Slates was and is 93,423. By the census Delaware showed a representa tive population of 90,616. She falls short nearly 3,000, although she is one of the old thirteen. By the same census Florida is able to exhibit a population of 47,211 whites, and in all a representative population of 71,720. She falls short 21,703, and would surely net feel either sensitive or sore if Nebraska had one re presentative with her. Still further, the whole number of representatives is 233, and the ratio of apportionment only fur nishes 220, leaving 13 to be assigned to the States having the largest residuary fractions. By this assignment, Massa chusetts get3 a representative for a frac tion of 60,204; Rhode Island one for 54,122; Pennsylvania one for 69,636; Tennessee one for 66,023; Kentucky one for 57,205; Indiana one for 54,1 S6; and South Carolina one for 47,398. It is reasonable to say that amongst these States, at least, the sense of injus tice would not be very acute nor lasting. I think I wronged them, one and all, when I suffered myself to suppose, for one mo ment, that Nebraska ' could possibly be rejected by their votes, merely because her representative might not be able to say, my constituents number not one less than 93,423. Here I leave the subject. I offer no apology for occupying so much of your time with its investigation. I believe that the people of the Territory, by a large and decided majority, are in favor of an early State organization, and I am persu aded that oil their interests would be ad vanced and increased "in some thirty, in some sixty, and in some one hundred fold." if we were received into fellowship with the States of the Union. Wre need but cast our eyes from this Capitol east ward and beyond a single river, to see the difference between a dependent Ter ritory and an independent State. It is true the General Government is liberal, and pays the expenses of our Territorial machinery. But it is equally true that we pay our full share of the taxes by which the General Government is sus tained, and we have no representation. As consumers of imports, and to no in different extent, we are taxed like the people of a State. The people of this Territory bear their proportion of the national burdens, not only without complaint, but cheerfully. They are loyal to the constitution and the laws of the country, and recognize no pa triotism but that which is large enough for the whole country. We may here turn to our past history as a Territory, and find material for plea sant meditation. Individual faults and occasional infractions of the laws are of course upon the record; but not a page is darkened by the registry of a single outbreak among the people. Our growth in population and prosperity has been equal to the most sanguine expectation. Of agricultural supplies we already pro duce far more than we consume, and we may reasonably hope that tut a few years will roll round before Nebraska will 'be as well known in the markets of the world, a3 the oldest and largest gram growing States of the Republic. A Rail Road to a Pacific Ocean is no longer a problem without a solution, and its con struction and completion are but a ques tion of time. These prairies will all be peopled, from the great River to the Mountains. The farm house hojse and the school house will decorate the plains, and temples reared to the living God will resound with praises from living and grateful hearts. This is the mighty and majestic future to which we look, almost, with the assurance of a Divine faith. Our fathers saw this day and were glad. And when this "goodly frame" without a parallel on the earth "this Union" was first con ceived, they trusted in Jehovah, and were not disappointed. They knew as we know, that "there is a special Provi dence in the fall of a sparrow," and in the rise and fall of nations. That their fate, who have fallen, may not be ours, and that our country may continue to rise and increase in just pow er, -in excellence and in virtue, should be and will be, in all parts of it and in all time to come, as in times past, the invoca tion and prayer of the patriot, - SAMUEL W. BLACK. Executive Chamber, Omaha t December 6, 1S59. Execution of John Brown. From an account telegraphed to the Cincinnati Gazette, we copy the follow ing extracts: v ... Harper'' $ Ferry, Dec. 2. I left Baltimore this morning bound for this place. 'At Baltimore, crowds endea vored to purchase tickets for Harper's Ferry, among whom were a number of Northern editors, but the company posi tively refused to sell any tickets except to through passengers, or to those whose bu siness and characters were known to the officers of the road. " At the Washington Junction, seven miles west of Baltimore, two gentlemen got into the train, and were immediately approached by an offi cer of the company, who told them he must know who they were and what was their destination. To this query one of them demurred, when the following collo quy ensued: Officer. It is absolutely necessary that yoa should answer me. Passenger. Why, am I in Austria ? Officer. There is no time for argu ment the State that grants us a charter has a right to proclaim martial law, and we must comply with her requirements 2d passenger. I am a subject of Her Bnttannic Majesty I have a thorough ticket. 1st passenger. I have a ticket to Wheeling (showing his ticket) and I am going to Minnesota. My name and busi ness I choose to keep to myself. Officer. All right, gentlemen, you can pass along. INTERVIEW BETWEEN MR. AND MRS. BROWN. : When Gen. Taliaferro had arranged for the visit of Mrs. Brown, he called on the prisoner and informed him that his wife would come to see him, and he wished to know how long an interview he desired Brown caid "Three or four hours," to which the General responded that that was too long ; an hour, he thought, was enough. Brown replied: "Very well. sir, obey your orders, and do your duty. I hare no favors to ask of the State of Virginia. " An escort of cavalry accompanied Mrs. Brown from Harper s Ferry. The car riage which conveyed her was stopped at the outskirts of town. All the military were ordered out, and tne street was thronged with aids and plumed officials, who appeared anxious to convey to the distressed woman an idea of their conse quence. On arriving at the jail, which was closely guarded, the carriage stopped and Capt. Moore, who rode with Mrs Brown, jumped from the vehicle, and tendering her his arm, escorted her into the jail Cant. Brown was informed of his wife's arrival, and requested that she it . mignt oe allowed to enter nis room as soon as possible. In a few minutes the jailor conducted her into his presence. The meeting was affecting, and at first neither party spoke. Brown embraced her, pressed her to his bosom, and exclaimed "My wife!" No tears were shed, but a deep drawn sigh told to well of the intensity of the feeling which each was undergoing. After a few moments thus spent, the Captain drew a rhair, and Mrs. Brown sat down. He then spoke to her of his condition, told her he was contented, and if it was not for the parting with her and others whom he loved, he would have no regret in dying. Mrs. Brown entered fully into the feelings of her husband, and both were resigned to the fate which awaited him. Brown referred to the disposition of his property and the welfare of his child ren, and after spending an hour in con versation, supper was brought in by the kind jailor, and the husband and wife sat down together to partake cf their lait meal. The Captain raised his hands, and asked God to bless the meal, and then, with a cheerfulness which has no parallel, they commenced their repast. From the lime Mrs. B. arrived old Capt. Brown's spirits rose, and he exhibited light heart ed ness which surprised those who were around him. Mrs. Brown remained with her husband until half past six o'clock, when she was informed that the inter view must end. While the parting scene was one which showed much intensity cf feeliDg, there was no exhibition of pas sion, and after an embrace and kiss, and kind admonition from Brown, they parted forever. j Brown spent two or three hours, dur ing the last night, writing and reading, and then retired to rest. He slept sound ly, and rose about six o'clock, cheerful and apparently unconcerned about the fate which awaited him. About half past seven o'clock, after partaking of his breakfast, jailor Capt. Avis, who had been very kind to Brown, and who had endear ed himself thereby, informed him that he could visit Cook, Coppie, and the other prisoners, if he desired. Accordingly, he was first. to truth in "your statement called your confession. I never sent you to Harper's Ferry as a spy." Co .k "You certainly did.' Capt. Brown (In a commanding tone) "I did net, sir ; you have by your course, held yourself up as an object cf contempt, and deservedly so." At thi3 remark, Cook's head fell, and he made no reply. Brown was next con ducted to Steven's room. The meeting between them was cordial. Brown re marked that he was about to die; Stev ens said, "I feel assured that you will go to a better world than this." Captain Brown said, "conduct yourself like a man, but I know you will do so without my advising." They again shook hands and parted. He then repaired to the room of Coppic, where a conversation almost sim ilar took place. Thence he went to the rooms of each cf the negroes, whom he said he expected to die like men, and as became their condition and position. The negroes assured him that they would die I fearlessly, as they were fully certain that their action was proper and just. Brown then returned to his room and continued writing for some time. As the hour approachad for his exe cution, the Medical Faculty in attend ance, the Sheriff cf the county, md the officers of. the jail, visited his room and conversed with him. ; Brown talked with them as cheerfully as though the hour cf his death was far in the future. At nine o'clock, agreeably to the gen- eral order tne military companies com menced assuming their positions. One company was stationed in front of the jail, another directly opposite cf the market house, and yet another in front of the Court House, which was only a few yards 'Notice. Notice 1? barely pi"tn tb-.t a pet;' ed to the B-jard of O-znty Cuntmlonari ai ,;1 . : l;na n I a . n 1 1 it . f V rvnct.nf .-.r t V a -r . . 1 rnnninir sou ner of 15 an mecunft for a cocnr y roau ctinericinz m I 10. at thccross:n?of the Territorial ro.7 th 2w) rxi more r '.e-s, to tha section cT i it, men suiiiwi'tjt t .ou:hwt . 23 and 23, then souta to coonty line, all kitua-ja i township 4, raase 15, Xeu.;2ia cunty. ' " a ' a yzTincsna. Legal fHotice. Evan Worthing, Tl'l Nemaha county, Kei)ri,v i Territory, before Jao n Chester S. Lamr-lon and I aiun, Esi. a Justice ! th thenrmolMKClarkACo. (Peace for ail eoua,, , couip.ed of M. K. Ciark mid Territory, tid John B. Davis. j The said defciidaE' , tie Urn tf ii. P Clark L Co composed cf il i'. C'ljrk acd Jehu K. David, are Lerl liy notitlcd that Evaa Worthing, tfce as.jTe i,attl plaiuti.T. has tliii day filed Lis pet i:i. n teJcr J(,a .Maun. Esq., a Jusike of tbe fre-ice in ar.d Kt tie eonnl ty of Xemitha. XiLra.-ka Territory, aiirut Clies er s Lansdoa and the firm tf M. F. Ciaik i. i:B., cm.pM .f M. T. Clark and Ji hn K. Davis, claiuuiig bf a ,t said defendant tbe rem if ttuty-ihree dullan tad seventy cc7it witti interest therec at tte rate u! twea. typer cent per annum, from the 30ih day of J ant a 16i3, as money due to tbe iid plaintiff from thi laid defendants, on a promissory noic drawn tiy Cieitcr s LnKdnn in favor of H . V. Clark ic Co , dated Jur elfXk A D lSoH, and payable one dy a.tariite. and bj ttetu sold ad a.irued by CLdorseuiciit to tte said plaiat'T andtfcat utiles you ihe laid Jtf . F. Clark and J.ba a.' Davis appear at the tf!e tf lue nid Juti;e of ;fci-ptvt on tie is;a day of January ISuO, at one t'tli ck, p. j and anwer Raid petition, the iaaie will be takea'ua'tra'n and judgment rendered fur the amount cia;wed wux euhts ot kuit. J. B. WESTOX. Atfv for P'f Ordered tbat the above notice te pui its lied In fie x braska Advertiser Kr fourcousecuiive week n ijjaj, provides. JOHN' II. JtACX JusUcq of tfce p(.1Ci Brownville, December 13, 133 i--3-t-$i0f Probate Notice. WLereas, arplcation has been made to tfce rrobi't Court or Xenuba C.unfy, Xcbraka Tenitorv, fur jv, appointment of Gei.era! l.dmini.-tritt r ( f th'i ftateif Uenry Geaker, deceived, l.tte of aid county nitir. berebv given ta sll nrfcotu it m:iy concern, that Satardar the 28iL diy of Jamiaiy, A. D.. 1SSO, at U o'clock li e- the time set for tbe hearing of said atolicatim '- ciace. in Brownville, in nid covsnty, when he.. ill persons InteresU-d are revested to apprar n.jh0r caue why David G j-tn thouid not be appointed ui udi administrator. Given cuder my hand Vr 9th !.-.v of Deceir.ber 1854 CJ.RC3 W. WUEKLEii, Probate JiiLe ' No23 h Probate .Notice. NOTICE U hereby git en tL.tt Jion.inr conducted to the rocin cf Cock INTERVIEW BETWEEIt TIIE PBISOSERS. On Brown's .entering Cook's cell, a kind recognition took place between them Capt. Brown said, addressing Cook "I am sorry you have nol confiucd yourself Zec.8,lSi3. 22-3t $3 fee. . Probate Notice. Wbfreas it has been mala to arpear 'hat :U mi rt existiag as'aiust the estate of John iloore, tfteitt 1 late of Xeinaha County, Nebraska Territory. iiaf: is hereby given thai I have appointed Saturday the IlkS day of January, A. D. 1SG0 a the day for the heir-nj id . said claims, and all persons Lavinj claims aja.nst '.he said estate are hereby noticed to file the samuat my ofik'C on or before that day, or they will be forcer bir red from recovering u-h claims and frota setting off the same in any action whatever. Given under my hand this 6:h div of Diremler A D 1933. CYRUS V. WIIEKLLR, Probate Jadgn. Ordered that the above l e published :x ur:ejive week in the Nebraska Advertiser. Brownville, Dec. S, 1S53 -6t$7 north of the Drison. Two Dieces of brass cannon were placed near the jail wall, on 7 of !fnaar' ,f;J "'wJ" , ill- ff fi final settleiner tof tho estate of Jacob M-L-k.decea- the road leading to the SCafloiJ. gtj ilVte of A'cinalts Count r, Nebraska Temijrv a: The place of execution was not more niy office in Uru,vnv-;::a ins-iideountj, at o'eke,. than ha f n m p from the a. It was 'V wuoa " l"-8 irucre.ua may :iu,ai. , . gliow cau.e, it anjr, why tha aeeountj of J.-lia W erected on an eminence, in tne center ot twaa,a,imiiiistnitjr of nid esute,hou:d no-,bai. a twenty acre field. The erounda were lowed. LiuibW. hiilllku. W,t ftfT Vn,! Smnll ,rhhn ,vPrP stnrk o.S,lS"3. & f. IVnbaf Jid , 0 in the ground, beyond which uo citizen was allowed to pass. The departure cf th commanding officer from the town, was the signal for the bringing out of the prisoner A furniture wacuon was driven in front of the jail, and the military formed around it. Brown was then escorted from his room. He was dressed in a black suit, much worn, the same he had on when he made a 1 W V V his attack on the terrv. lie wore a slouch hat, shoes and red-colored stock- inns. His arms had been pinioned, and he marched out with a firm step and up right head. He was assisted into the wagon, and took a scat on his coffin. The train then proceeded to the scene cf execution. The military escort was large and imposing. There was no mu sic, and nothing was to be heard save the slow measured tread of the military, and eevembday of December, A. V. 1-u3. and on Tuelay . V. J r t V a T I, til -1 the rumbling of the wheels of the wag on which was conveying Brown to his death. .Following the military were about two hundred citizens. The gate was entered, and the command brought to halt. In a few minntes it again started,- and proceeded to the gallows, ihe wagon was stopped a few jards from the steps which led to the platform, and Brown was assisted out, and immediately start ed for the scaffold.- On one side was the Sheriff, on the other, one of his deputies. Brown ascended the steps with a cheer ful look, a firm unshaken step, and aa unblanched eve. Not an exhibition of fear was riven. There was no evidence of a consciousness of the terrible tragic scene which was about to take place, and in which" he was to be the actor. As soon as he reached the platform, themili- SHERIFF'S SALE. Wm. S. Hall, 5 ' v. I Able Lion ) Notice ii hereby uiven thit by virtue ol an eiKulion issued from tb.0 Clerk of the iMslrict C-urt f. r liennlia Countj', Nebraska Territory, aaint Able Lwn A in favor of Win. 8. Hall for the um of eveutecatuidr.; and thirty dollar and eighty-one cent and cost, 1, J , B. Wells. Sheriff of said county, have levied u;il ua tfc s the twenty-seventh d,y of Deceniter, A. D. at one o'clock P. AI. of said day, at the dxr of thn bo'jte in which the last term of curt wj.s held, at Pn.wnville in aid county, will toll at pubiic auction to the highest ; bidder, for cash in hsDd, as tbe property of .ik1 Able Lljn. to 3tifj said execution, tliu following d jocribed I property, t wit : one hundred thousand fcA or wcd lumber, consisting ot sills, Ji'lsts, uimrir.sr, und linit, siding, st-.eftiu?, rafters, and finishing lumber; the wid ! lumber will be old in lot or ry the lump, a may be required cn day of alv. The abve lumber U all en the ; island known aa the Scnora Island, all in good rder. ! Sheriff of Xem.iba County, X. I. ; Bnwnvilla, Dec. 7th, lS iii-3;-$Sree SHERIFF'S SALE. Finey Codington f.rtbo tHiof 1 8. F. Nuckolls and CodirtoiA j y Wm. W.MiII,V. Benedict and II. W. Frame. j Notice ia hereby given that by virtue of &t execu tion li.'ued from the offiir cf the Clerk tf tie D- triet Court of Nemaha County, Nebraska Territory, . ll fir tin 11 . i - . iiTjmi v in. . jiiitii, ana y aifj uenedict, aoi it. l . r iamt. find ?n fj.vnr if V i nv I ...t! ii r f,,n for! th f K. Vtifk t, I j nr.A Jrtnn l; n.Tt. n f,,r the sura of on5 hundn; I and fifty-two doliarj tail ninety cent. I.J. 11. Well. Sheriff of said counry, m m I . - ' tary which accompai led him hied to the have levied upon and will, on batuni.iy tiio fou'- right and left, and took the positions which tecnth ay of January 150, at cne o-clook Y sr., Daa ceen previously assigned mem Brown looked at the crowd, and then la.t term of siil o urs wn h ;l I. ai Jif.wa- ville ij caid county, will oS:r and ?c!l at puMie lv trUnrcA ntthp srnfTnir!. Thf Dpnnt v 10 lnc ?' ier for cn.-h ta band.u b...v. -..w rr-v the tiroiK-rtr i.t i ainW. iik i cs i cnedict. Sheriff extended hl3 hand and took that of and K. W. Frame, to ati?fy raid execution tb Brown, and, shaking it, bade him fare- following doscm-ed real estate, (and one Homo ii rower), to wit : Lotsfcur (4 )in LLck one hunJrri and twelve (112 I, lot seven (7) in block rebtfd, lot eleven (11 i in block one hundred and fortfieven (147), and lot six ( G) in block ighty-rix(M$., witli an nndividod third ot the lot ix (6; and undifid ed one-third of tuehjuse thereon, all in ton towco' reru, Aemitha Lountv, vlra& ierntiry, ai evidenced by the recorded flat of said town ia thi neeordcr it oEiee of said county. J. It. tLl., Sheriff of Nemaha Couut;',X.T. i Brownville, 2A.-C. 5th, c22-4t-10 forf.ro. - SHERIFF'S SALE. Theodore Hill well. ISd ministers were present, owing to the fact that Brown had refused their of fices. The Sheriff . approached him, shook his hand, and bade him adieu. Brown stepped forward, when the Depu ty Sheriff tied hi3 legs, while the Sher iff drew the white cap over his head, ant! placed the fatal rope about his neck. As soon as this was-done. Brown re marked to the Sheriff, "you will have to guide me from this out." The Sheriff asked: "Captain Brown, have you any thing to say ?" To which he replied, "Nothing." "Sheriff "Will vou take a Landker- T. II. Edward Notice is hereby given that by virtu of ao ty cntiou Hsaed from the ofiiee of the C.erk of ia District Court for Nemaha Countv.Nebr.ua Terri tory, arainst T. II. Ldwardi and in favor of TcaJoM Hill t,.w ttia aiim r.t Vi..., ,iIU n!l.ltV ' Cniei, ana Use It as a Signal, lei ll iail lan and eventv-ve cent and Un dollar ot.. i. when VOU are readv?" J.B. Wei!, Sheriffof said Netnnha County, Captain Brown "No sir. I am always At..rnf X. ;. w. , . . J the!aii ready. Do not keep me unnecessarily court wa hold, at Browaviiia in laid county, tath ion y " nignest Diu.ier lor cajn in nana, J tne pro ' T II V 1 1 . :i ..n itiir- rr- , r,, rr i , i 1.11. rraiu;. in 3H'.l3lT Bliu cia'Ubi'-'ui a. lie uociiu uiuu oic j.pcu atiuc vtiiuc; the doomed man engaged in prayer. In a few minutes he stepped softly from the scaffold, and, on leaving it, the deputy sheriff sprung the trap, and John Brown was suspended between the heavens and the earth. Not a sound was heard except the creaking of the timbers of the scaffold and the whipping sound cf the wind, as it played with the naked branches of the trees. After he had hung for twenty minutes, JJrs. uirard,. D. h. Mason, John A. Straith, John- Starry and H. F. Cooke, ascended the platform, and, after feelir.g his pulse, pronounced him dead. Ten physicians attached to the different mili tary corps, then visited him, each one of them felt his pulse, and pronounced him f t -a ... ueaa. inus ended this trairic scene. waich commenced in violence and closed in shame and death. day the aeventa Jay of January, a. d. 150, at -o'clock F. M the toilowing described real estate,! wit : the twthalf of lot eijjhtani north-fart quar ter of lot Lino in block one in the city of Ilfownvi!. a designated co the original flat. J. 15. C1..L? SherilTof Nemaha County. '. T. Brownville, Dec. 8tb, lSi'J n22-U- $7.-0 fx"'- MO.YEY ADVANCED OA PIKES'S PEAK GOLD! We will receive Pite'n Peak Ool l. and adoo-" money oihui the same, and pay over balance .r prom ; amonas M.nt return are ni. In all . we exhibit the printed returns of the United S ite or Assay office. laLSIIDArGII & CARSO., BULLION AND EXCHANGE BROKERS BKOW5VILIE, 5EBSASS. D. A. COSSTADLEi; IMPORTED ASD 13 CALEB IS IRON, STEEL, NAILS, CASTINGS, SPRINGS, AXLES, FILfc NI!Lt!I5I2": biao k smith's tools Third Street, between Felix ni Edmond," 8-5 D IS 7AHD. SAINT JOSEPH, MO- btrayea ironi tae uoeenber, about six weekj ago, a red, three-year li ateer. both ears cropped, and a slit in one. lie is rather on the ttag order: Tiie above re ward will be Riven fur his delivery at the Brownrlile nonsein Broworill. DANIEL KIOHDOX. Which he sells at St. Loui prices for n&- X. B. Asentfur tbe celebrated UoLisz flow.- Ilizhest Price Paid for Scrap Iron. December 1, Ui.-ly. Notice. Tiif, Mercantile nrui ot Cran A Hid as aefHo ... I . lnn the School Cotntni.sioneri of Ne- fore i?,tinS, U V.V1?7 bV.i." :ir. and all others concerned. sent, meouoro tun Bun; pn-umw rjlB iSed tbat the entry of the town interest of VercnandUe, Note and Ac-eoa.' t oi the wet half of the Northeast Crne. the books and a-ronnt of tbe f na r"1'". piarterof.Northei.it quarter. 1 t.v, ,.M 4f.,r,1 W 17 M.iin Street, in charzeol To the Mayor of Pern, maha County Ton are bereby not site of Pern, covering quarter, the Northeast the West half f Suu:hea-t quarter, and lots no 1. 2 and 3 of Section 16. town 6. north of rar.ee l, eakt, b3 been returned to this era from tbe Genera! Land of fice at Washington, for re-investipatiun. The fcaid entry wi-l be taken cp by theRegUter and Receiver tor re-inTts.tirtion, on Tuesday, the twentieth day of De cember; 159, at 10 o'clock. A. m , at which time all parties interested are hereby notified to attend. G. H. NIXON, Renter, C. B. SMITH, Receiver. Crownville, Nebraks, Dev. 8, l?o3 2tF?3 Tbeod,.re Hill who will adjast all unsettled boiinc JONAS CHANS. of aid firui. Ernwnvilie, Jane 13th, lSi'J. Land Warrants FOR SJTE t"j j
