Inherent right to ncqulro tcrrltoryt thnt
whenever that acquisition Is by treaty , the
snmo constituted authorities In whom the
trcoty making power Is vested tinvo a con
fttltntionnl rlcht to sanction the acquisition. "
The constitutionality of the purchase of
Louisiana has been repcntadly confirmed
both In courts and by subsequent oxcrolso of
the same power under similar circumstances.
It I folly to deny It now.
Having attached Louisiana to the United
Stales , tlio icxl : question which nrosn was
that of Its status and relation to the central
poveinment. The matter was widely dis
cussed in congress and out of congress , nnd
occasioned no little controversy. To settle
the points nt dispute , three paths were open.
First , n constitutional amendment might bo
adopted , iidmltting Louisiana and extending
the powcis of congress over It as they ap
plied to existing federal territory. Secondly ,
concrots might nisumo Louisiana to bo
nsMmllatod to the old territory and to bo
disposed of In the snmo manner. Lastly ,
congress might hold It apart as n peculiar
citato nnd povnrn It snbjcct to treaty stip
ulations l v nn undefined power implied In
the right"to acquire. The arrangements
actually mndo show that the second f.lan was
the one rcnlly acted upon. Nevertheless the
nupremfc court declared fifty years Inter that
thu third wn the true theory ; for Chief
Justice Tunoy asserts In his opinion upon the
Prod Scott case that the article in the con-
Rilttillon giving congress general power over
the lortltorlcs "Is contlncd and was Intended
to bo conllncd to the territory which at that
tlmu belonged to and was claimed by the
United States" nnd tballho power of con
gress over Louisiana stands llrmly M "tho
Inevitable cotiscquoneoof the right to acquire
territory , " Uu these later developments ns
they mny , congress placed Louisiana in the
mine cnirpory ns the existing territories :
\vhnt xvj tire nlono roni'uriiud with Is the
actual status and consequent disposition of
that part of the domain since erected Into the
dtnlo of Ncbruskn.
Tln > Orillimnrr of 1787.
There was only ono valid precedent for
congress to follow In tbo exercise of the
power to mnko all needful roles ana regiln-
tlons respecting the territory belonging to
the United States. Thu ordinance Issued by
the confederacy In 1787 was ro-i'iiactod dur
ing the iirs t session ot the llrst congress nnd
u us the busts of nearly nil subsequent legis-
llnn lor the territories. It not only outlined
n lortn of gorernment , but also established u
fitutuioty donmln ot civil liberty for the ter
ritorial Inlinoilnuls. In brief , it ve-jts the
executive power in a governor und secretary
appointed by the president for three and
-lour years rosrectlvoly ; the judicial power
in a court of thrtojudt-cs , likewise appointed
for terms ot good behavior ; thu legislative
1 ewer In a general assembly consisting of
two houses , the representatives electedby
the people , thu councils of llvo ponons ap
pointed for terms of flvo years by the presi
dent from a list of ten nominated by the rep
resentatives. Until n population ol fi.OOOwas
attained , however , the presidential appointees
were nlso to exorcise the legislative power.
In ordi-r lo extend the fundamental princi
ples of civil und religious liberty , it ordains
bix articles ns "u compact , between the orig
inal status and the people nnd states In the
sold territory and to forever remain unalter
able unless by common consent. " Thuso
articles pio\ldo for frccdoi-of religious wor
ship , for'tho uonolits of common law proced
ure , for the encouragement of schools , for inseparable -
separable vonacution with Inn union , for ad
mission as commonwealths ns soon as a suf-
llclcnt population bhould bo secured aim ,
llnnlly , lor tbo prohibition of slavery. Now
thu oranuMice of 17s7 did tint apply to Loulsi-
imy and hrnco was novcr applied lo No-
onibkn , uut its inllncnco can lie discerned in
every net of congro < slonul loslslatlon dealing
with the organization of the torrliortej. Wo
will see bow lar It affected Nobrasku as wo
continue.
In order to secure the advantages for
which the people had paid the purchase price
of Louisiana , congress was now forced to
ncloot some specillo measure. The 11 rs t at
tempt was the law of Ooloocr til , 18Ul ; , au
thorizing tlio president lo tnko pos
session of the ceded territory and pro
viding that all the military , civil and judicial
powers exercised b > the ihcn existing gov
ernment bo vested temporarily in such per
son or persons ns the president of the United
Slates should direct for maintaining and pio-
Icctitig thu Inhabitants ot Louisiana in the
enjoyment of their liberty , property and re-
llcion. Congress virtually di-lomited all. their
power to thu president ; they simply put the
president in the place formerly occupied by
the king if Spain ; they erected a govern
ment which Ucnton correctly criticised as
"despotic. " Tuls statutodid not long endure ,
but the next stop murks but little improve
ment.
Tliu 'IVrrltnry < > r I.oiiNl.inti.
Further action was taken by congress before
fore adjournment und un act pu.ised March
vO. 18U4 , dividing Louisiana into two terri
tories. That part lying west of the Missis
sippi and north of luo yiu ; degree north lati
tude was comprised In ttio District of Louisi
ana and brought for tbo purposes of govern
ment under the oUlcers of Indiana territory ,
whoso governor und judges wcro to
make all law.s subject , however , to the ap
proval of congress. Thu only limitations im
posed wcru that no law inconsistent with the
constitution or laws of the United States beheld
hold vullO ; that no restriction bo laid on in
dividual exercise of religion , und that Jury
trials be allowed in nil criminal rases anil , 11
desired , in civil bulls involving SIUO. Twc
courts were to bo held annually in the dis
trict , but oven the o Ulcers of the militia were
to bo appointed by the governor or the presi
dent. 1'ne inhabitants wcro subjected tc
almost ail thn evils of absentee government ,
Fortunately the act cease. I by limitation
after a year and was superseded by a new
law , March ! J , 1605. Yet it too , made little
change other than providing a separate stall
.uof.ofllccrs for the territory of Louisiana ns il
was now olllclally called. The olllcers were
all appointed by the president , the governor
for three years , the secretary and the judges
for four years , while tbo legislative powot
was given lo the governor and Judges or c
majority of them. The same provisos for
civil liberty were repeated.
TJu < Territory of Missouri.
The admission of Louisiana into the union
In 181- compelled congress lo llml unothci
appellation ior the territory of that name ,
This was effected by the law of Juno , 18113 ,
entitled nn act to provide for the temporary
government of llm territory of Missouri. Al
the same time the whole trumo of government <
mont waa chnnguiJ. The cxccullvo and Judi
clul departments remained constituted n <
before , cut the legislative power was now
vested In a general a > semblv consisting ol
two bouses und thu governor. The latter
formed n co-ordinate brunch of the legislature ,
his assent belnu' necessary for the validity ol
every Irgihlatlvo not. The representatives
tvero to bo chosen for two years In proportion
to the number of fwo while male
Inhabitants and elected by Mich of thai
number us were ever Ul years of uuo. The
legislative council was to consist of nine
members appointed for llvo years by the
president from persons selected to uvlco thai
numlcr by the lower house. The quaiilica <
tlons for membership in each branch un
prescribed , the se.ssions to bo annual ,
and each house to have control ever 1U
mi-raters and proceedings. The citizens uro ,
moreover , gtYvii'tuo right to elect n dolueaU
to represent them In congress. A domain ol
" Livll liberty Is explicitly established in c
detailed lull of rights which declares thai
the people uro entitled to proportionate
representation In the assembly , to cmiimoi
law prco duio , to Jury trhils , to full compen
eatlon for ptoperly or services required foi
public usrs , prohibits ox post facto laws tun
laws Impairing the obligation of contracts ,
nnd Insists upon freedom of religious
worship and the oncouraeuineut of nchools
Wo have hero a practlul grunt of roproscnln
tlvo poyernnu'iit. It is not completely ropro
tentative , because every law requires tin
unqualified assent of the governor , who li
reality Is n nicroagcntof thu central govern
tnent. The act was amended in 1811) ) to tnaki
the U'gislaUvosojsioiiB biennial butothor\vis (
remained in force until after the Mis
souri compromise , in 1S1H the bounda
ries were contracted by uu uct placiir.
all that part of the territory south of n Inn
drawn from I ho Missouri river along : iO =
north latltudo to the river Saint Francois
theucn up that river to'iP : ( 80 minutes , uni
then west to the \\estern limits , under t
Boparalo govcrumcut for Arkuusuvv turn
tory.
AH lliiiirguiiUed Territory.
In IB''O came the famous enabling nc
which cut oil for the hluto of Missouri thu
portion of iho territory uast of the nioridtai
passmg through thu mouth of tholvanbu :
river M hero U empties into the Missouri , am
bouiu of the parallel of latitude , thence eas
lo UIP fplls of the DCS Molnes river , ami i
lliio/ollowliif ; ( hat river thoneo to its moutl
in tlio Mississippi. The northwestern boun
dury of MUsourl was later coi reeled to ill
present stotu * . Thu eighth section con t nun
"tho. compromise * , " and , has a direct bearing
UPOU thu territory uovv comprised lu Ne
braska. It enacts thnt "in all llmt territory
ceded by Franco to the United States under
the name of Louisiana which Hot north of
Rii3 RO minutes north latltudo , not Included
within the state contemplated by the act ,
slavery nnd involuntary servitude otherwise
than In the punishment of crlmuwbcrcof the
parties shnll have been duly convicted , shnll
und U hereby forever prohibited. " Llttlo
need bo said hero concerning this clause. It
was In 1850 declared by the United States su-
prcmn court to be unconstitutional and void ,
but until f-o docltirod It had exercUed all the
influence of n perfectly legal enactment. This
act loft that part of Missouri territory not
Included In the common wealth In nn nnor-
gatilzr-d condition and without provision for
local government of any kind whatever. The
governmental power was for thotlmo re
tained In congress themselves.
The next change In boundary occurred in
18 H when that part of the territory lying
north of the north line of the stnto of Mis
souri and cast of tins Missouri river nnd the
White Earth river from Its junction with the
former was attached to the territory of
Michigan. The western boundary of the
territory of the United Stales had novel-
ben acceptably defined , a considerable mnr-
cin of country being disputed by both Mexico
ice nnd the United S ales. This dispute , so
far as it might have trenched upon
our title to western Nebraska , was
finally settled by the troity : of Gtinilnloupa
Hildnlgo , proclaimed July -l" IMS , by which
the southern und woitcrn boundaries of inn
United States wcro dcllncd practically as
they stand today with tbo exception of the
f > iilp knt/un us the Gudsdsn piirchnso. No
further legislation nfToKod the constitutional
development of Nobru.ska until the pasiago
of iho Kansas-Nebraska bill.
Tim KiiliHiis.Nnhritskii Illll.
At thu beginning of tno second session of
the 'Ihlrty-tnlrd congress , Representative
Uodga of Iowa Introduced a bill for Iho or-
panlzuiion of the territory of Nebraska. It
wilt -simply n copy of tlui bill for thu same
pupose which had passed the hou.se during
thu previous session and Us provisions did
not differ 'rom thoio of other similar bills ,
Nor was thu question novel ; the matter had
occupied the attention of congress as curlvus
1SU und nituiti In 1HI5 , 1818 and 18-V ) . The
bill went the usual round of congressional
legislation , imt when reponod lo iho senate
by Senator Douglas , from the committee on
territories , It had boon considerably altered.
Il still provided for thu orirnnlzutlon of uut
ono territory under iho n.imjof Nebraska ,
but in the Iwentv-llrst section Douglas ad
vanced hU now theory of squatter sove rolgn-
IY. It assorted the principle thnt all quoj-
lions relating to slavery bo loft lo iho deci
sion of iho people residing In Ihe territory , to
luivo been already established by the compro
mise of 1850. The whole coiurovuM.v cen
tered In this clause. In January , Iho bill was
recast by the senate committee on territories
and the former twctity-oiio sections grew to
forty in number. Instead of ono territory , it
now contemplated two , thu southern to bo
called Kansas , the northern Nebraska. The
opposition claimed that doubling HID expense
of u costly terrltiirlui'govcriimeiit was entirely
unnecessary ana unwarranted by thu oxlst-
ing population. And when It was ussertcd
ttiut'ie'vurnl tnousand pe'oplo wcro already
residents of the northern territory , the re
tort was that , ifso , they were there in defi
ance of thu law of 18-l : ! | whlcn prohibited nil
except licensed traders from going Into the
Indian country. Of the fourteenth section ,
Von Hoist declares thnt "so far as it
treated of slavery , | itl was , from the llrst to
the lust , constitutionally and politically a
fraud , the ulterior consequence of which
urought tuo union and slavery fnco to face
with tuc question of existence in such a way
that the conflict of interests and principles
could no lonccr find final settlement In
words , but was forced to seek it in deeds. "
Yi.'t , notwithstanding a bitter opposition ,
the Nobruscnls came out , victorious and Ihc
oill bocnmo a law by approval of the presi
dent March 30 , 1854. What were the provi
sions ? Only the tirst eighteen sections refer
to Iho territory of Nobraskj , which Is made
lo cover the domain Included between 40c
nnd 49 = north latitude , bounded on the west
by thu summit of the Ilocity mountains and
on tbo east by the line of tho' boundary of the
territory of Minnesota us far as thu Missouri
river , thence southward "do\vn the main
channel of said river. " The executive
power is vested In a governor appointed by
Iho president for four years ; in his absence ,
in a secretary similarly appointed foi
llvo years. The legislative power
Is vcslcd In the governor and le'rialiv
tlvo assembly , the latter lo consist of a couii'
cil nnd house of representatives. Members
of the council hold ollloa two years , of the
lower house ono year and representation in
o.iuh b by district' ) in proportion to thu quail
lied votor.4. Sessions" limited to forty
days each year while the suffrage is ex
tended to the tree white mule inhabitants
provided Ihov bo citizens of the Uniled
Stales or have declared their Intention to DO
como such. The veto of the governor maybe
bo overridden by rop.n nso of u bill with n
two-thirds vote of each house. Appointments
by the governor to territorial oflices uro sub
ject to the advice und consent , of the council ,
The judicial power Is vo ted In the supreme
and infeiior courts. The supreme court con
sists oi thrco justices appointed by tbo presl
dent for terms of thrco years. The other of-
livers uppolnled from Washington are the attorney
tornoy aid : marshal , euch holding four years ,
The qualilltd voters are furthermore author
ized to elect a delegate every second year tc
represent them In congress.
Tue fourteenth section repeals that part ol
Hit ! Missouri compromise referring toslaver.v
as "inconsistent with the principle of nonintervention -
intervention by congress as recognized uj
the legislature of 1850 , it being the intent ol
the act to leave Iho people pe'rfectly free te
regulate their domestic institutions In then
own way. This Us evidently meant to ullou
I slavery In the territory until the aisemolj
should prohibit It , Moreover the llrst sec
tioa provides thut when admitted ns ono 01
mord commonwealths , Nebraska shall bu ad
mitten with , or without slavery ns their con-
solutions -then may prcsicnbo. Il Is to be
noticed that the Kansas-Nebraska LIU non-
tains no formal hill of rights ; it fall :
altogether to establish uny domain of civi
liberty for Iho individual against the terri
torlul government. On thu other hand , i
constituted the llrst really lunresontnlivi
legislature that has bad control ever the dls
trlrt composing the present , rnmmmuvo..lth
For the llrst time , too , the governor has nul.v
a limited veto power which mav bo overcomi
by the representatives ot the people by com
plying with a speciilod method of procedure
JSminilary ChniiKurf.
Nebraska was now an organized territory
but she had not yet attained her pcrmnnon
boundaries. By : i law of 18IU that portioi
Ivlug sontiiof 41 ° north IntUudo.and west o
the twonty-fifth meridian of longlludo wes
of Washington was taken from her limits ti
form part of the territory of Colorado. Ho
domain was further mod III oil tbo sumo yoai
by the act creating the territory ot DukoU
out of that territory lylhg north of a inn
running up iho main channel of the Nlobrar.
from Its mouth in the Missouri to the moutl :
of the Keyn Palm , thciica along lliat river ti
ll ! = norih latltudo , and thoneo mio west
Section 'Jl of this law incorporated temporarily
arily Into iho territory of Nebraska ttia
part of the territories of Utah and Washing
ton boiwcun 41 ° and -111 = north latitude am
thirty-third meridian of longitude west o
\Vnshlngton. The act ot ISO :
took away again nil thut dlsiric
west ot luo twenty-sovii Uh morldi.in o
longitude west of Wushlnctoii , malting It i
purl of iho territory of Idaho. This lof
Nebraska with her present boundaries , tin
same ns were afterwards proscribed b ;
congress In the uet ol admission to th <
union.
Thn merest Klnnco nt the map wil
show thut thojo Hues nro in tb
highest depreo artificial , Whei
the crest of the Hocky mountains formed ho
western limits , Nebraska had u nulura
boundary upon one side ; this has since boot
chunked and tbo rivers now on the north am
oust can In no way bo regarded as natura
boundaries. On iho contrary they form ver ;
undesirable boundaries and have iilreud ;
occasioned much inUundars'andinp. In th
case nf Holbrook vs Moore Chief Justlc
Luke decided thut a chano in the mail
channel of the rver | does not alter th
boundaries of the commonwealth. The poin
uroso over the doubtful Jurisdiction ever ui
Island , but Iho question of jurisdiction ovc
nuwlv formed territory , if attached to tb
mainland , Is at present before the courts ,
Till ) ICnalillllg Aft of 1HII. (
The Thirty-eighth congress took up th
mutter of erecting the territory of Noorusk
Into a commonwealth. A hill for that pui
PQ30 passed thu Louse without discussion
The chief objection mudoin the neimto rusto
on the fact that while the ratio of con ere ;
slonul apportionment was then ono to 127.00C
tuo population in the district was , at th
highest , estimated ut 40,0H : ) . It was als
urged that the people concerned had noilho
asked nor publicly expressed their desire t
form n constitution , But the Keccdod com
monwocllha were not then represented I
cougrcss and uuy addition to the war part ;
would bo welcome. Neither was a possible
extra vote In favor of the proposed amend
ments to the federal constitution undesirable ,
and so the hill finally passed and became a
law by approval of iho president , April
22. 1 0 .
The act of 18(51 ( defines the boundaries of
the proposed commonwealth nnd authorizes
thu people thereof to form n constitution nnd
government utidcr the nnmo of Nebraska. It
proscribes the precise method to bo followed
In exercising this power : namely , thut a con
vention of delegates , elected from dlitncU ,
according to poi'tilutlon , by nil persons
legally qualified tu vote for members of the
territorial assembly , .should meet nt the capi
tal on the llrst Monday In July of that year
and form n constitution , republican In form
nnd not repugnant to the constitution of the
Untied State * and the principles of the
declaration of Independence. Thu con
stitution was further lo provide
by nn nrtlclo torever Irrevocable
without the consent ot congress llrst , that
slavery and Involuntary servitude except as
punishment for crime bo forever prohibited ;
secondly , thnt perfect toleration of religious
sentiment bo secured and no person molested
In person or property on account of his ro-
llelous worship ; and thirdly , that the people
disclaim alt tula to unoccupied public lands
which nro to remain uiitaxcd and thut lauds
belonging to non residents bo not dlscrimln-
nted against In the matter of taxation. The
constitution when formed w.is to bo sub
mitted to the people for r.ttlllcnilon or rejec
tion upon the second Tuesday in October ,
nnd If carried by n majority vote Iho fact
was to bo certified to the president by the
acting goviirnor , "whereupon It shall bo the
duty of the president of the United States to
Issiio his proclamation declaring the state )
admitted Into the union on an
equal foo'lng with the original
states without any further action
whnte.vor on the part of couprcss. " Tno not
nlso apportioned ono representative to Ne
braska and made grants of public lauds for
various pnrpo-.es.
The delegates were duly chosen in ac
cordance ! with iho law , but when , upon meet
ing , they refused lo frame n constitution and
adjourned sine die they simply reflected the
sentiments of their constituents\vho were nt
Hint time opposed to the assumption of the
burdens of n commonwealth governmotit.
The leimtnrlal legislature ) of ISiiii , however ,
without further action of congress , submitted
u proposed eoislltullon : : to the cluctoiv * to bo
voted upon In June of that your With dlrec-
Uon.s to chnoso at the. same time coininon-
wenlth nnieors and n momuorof e-ongress. The
bo.ird of convassi'w declared ttio votu to bo
a/.US In favor of the constitution and : i,8S : )
ngulnst It. Tha legislature thus uhovm mot
In July and elected two semntors who lo-
gollii'r with the representative started for
Washington with the constllullnn in order to
nsu congress for admission of Nebraska Inlo
< bo union. It Is this document which , ludio
Crounso has elect ired was iioteirtotisly
"orUlnallv drafted In a lawyer's ollleio uv n
few self-appointed Individuals \vlio Ibcn im-
portumid the logl.l.iluro to subject It to iho
people. "
Tin ) Act Admittlii : ; Nuhriisku , IHI',7.
Sc.ircely had new.s of these events reached
the hulls of coneress when on July -Jl , Snn-
ator Wudo of Ohio introduced u bill to effect
the admission of Nebraska as a common
wealth It romprlsod two sections , iho first
providln- ' that tbo constitution und govern
ment formed by the people bu iiecentud und
the commonwealth declared to bo ono of the
United States ; the second , that admission bo
subject to the conditions and resinelltuis of
the original enabling act. SJimtor Sumuer
proposed u further "fundamental condition , "
to 1)0 tint ratllled at a popular olocMon , but
it was voted down and the bill pussuu both
houses. Concrcss adjourned iho following
day , thus triving President Johnson an op
portunity to resort to u pocket veto -n course
of action which ho eaeerly grasped , with
fatal result to the measure.
The bill was qutoklv lolntroduced by Sena
tor \Vachon tlicolh of thonext Decombcr.nnd
when reported back to me senate occ.islonod
no little controversy. The restriction of the
suffrage to white mules by the constttntlon
was stronuoujly opposed , and llnilly occa
sioned tbo introduction and acceptance of thy
"fundamental condition" prohibiting ells-
criininullon on account of color. The demo
crats retrurded the Imposition of this condi
tion to "bo chiefly for thu purpose of precej-
elent for the commonwealths ' .hen under
going reconstruction. Thov also intimated
that the votes of the ropuDlicin senators ai-
roiidv at hand from Nebraska were sorely
ncedcel to carry out the schemes of the p irty
louder * who at that time were threatening to
impeach the president. As it parsed both
houses the bill consisted of a preamble and
three sicctlons. Aftar rocliini ; that tno people
ple of Nebraska had compiled with tin con
dition ! ; of Iho uct of ISlil enabling them to
form u constitution , that constllullon is de
clared accepted und the commonwealth du'y '
entitled to tbo rights and privileges , as well
us subject to the conditions , of llio previous
ncl. Uut section ! ) provides that ttio law
shall not tnko effect "except upon the
fundamental condition that within
the stuto of Nebraska there shnll bo
no denial of tuo elective franchise or
uny other right to nny person by reason of
mco or color , excepting Indians not taxed. "
Only upon notification of assent of the logis-
1 at nro lo this condition was iho president to
announce iho fuct und the admission of the
commonwealth to iho union to bo considered
complete.
The ! I'roililoat'M Vutu Message.
On January ! i9,1SU7 , the president returned
the bill to the senate with his objections. Ho
presents a summ.iry of the point * tnr.de. in
congress by the opposition und andoubtedly
mau-js a strong case lor hl.s sido. The chief
objections may bo summed up under live )
ht-aels ;
First A new condition not mentioned in
the enabling act has never before oeon ap
plied to the inhabitants of any common
wealth. Congress horn undertakes to author
ize nnd compel the legislature to change a
constitution which the preamble declares
has received ilia sanction of the people and
which by this bill is accepted , ratified and
confirmed.
Second Making the acceptance of the
third secllon a condition precedent Is the as
sertion ot nothing mora nor lui.s than the
right of congress to reguluto the elective
franchise In uny commonwealth liuroufler lo
bo admitted. This assumption is n Clear violation
lation of tbo federal constitution , which
leave * each commonwealth froo'to determines
th'j qualifications necessary 'for the exercise
of sutfra o within Its limits.
Third If , as the preamble assorts , the people
plo of Nobrasku have compiled with all the
provisions of the enabling act of 1801 , good
tailh would demand that she bo admitted
without further requirements.The people
oucht to have un opportunity to uccopt or re
ject ibis new limitation by popular voto.
Fourth The president calls attention to
the fact that the proceedings attending the
formation ot the constitution were not at all
In conformity with the provisions of the on-
abllng act : lhat in an ncprcRiUj veto of 7,770 ,
thu majority in favor of iho cons'ilullon was
Inss than 100 ; that ulloged frauds inulcn even
this result doubtful ns ah expression of thu
wishes of the people.
Fifth It would bo bctlor to continue Ne
braska as a territory n little longer In order
that increased population ami wealth nu li
make the burdens uf commonwealth taxation
loss oppressive.
Thu great question raised by thq vote of
President Johnson is that of the competency
of congress to place ir evocable limitations
upon any commonwealth. The w.holo pro-
cecdlngs'had been , to use a mild expression ,
throughout very Irregular , " nnd the bill
itself was contradictory on its very facts. If ,
ns the preamble declared , the people of No-
bnisKu hud fulfilled the conditions of the net
of 1801 , then they must have boon regarded
as already under commonwealth government ,
"without nny further action whatever on the
part of congress. " Dut they had not ful-
lllled the conditions of lhat act aim no
amount of declaratory resolutions of con
gress could chance the state of facts. Tno
act of ISM was not a continuing offer to be
accepted uny time after rejection by an
equivocal compliances , and Iho action of the
territorial legislature in submitting n consti
tution to the people was entirely oxtra-logal
and without the shadow of authority. On
the other band , it sroms to mo lhat congress
hud a perfectly .constitutional right to pro
scribe ) any conditions whatever , as a proco-
ient ! to admission into the union.As long as
Nebraska remained a territory congress 'was
supreme ana had "all the powers of the
people of the United Slates , exoopt such as
have been expressly or by Implication re
served in the prohibitions of the constitu
tion. " Then , as congress uas solo power tu
erect now commonwoulths , they can at tholr
discretion refuse to exercise that power until
the people agree to a satisfactory constltu-
tion : and they can constitutionally authorize
any bodvof persons to hccopt conditions on
behalf of iho people. As to the Irrevocableness -
ness if I may use such a term of the con
ditions after the commonwealth Is once ad-
milled , au entirely different question arises.
The polut came up in the lutorestlng case ol
Hrlttlo vs the Peqple , reported In 2 Nob. . 103 ,
wherothocoutt hold the "fundamental condi
tion" to bo a valid part of the coiistltullan ,
but wo may still doubt that , assuming that
the fourteenth and fifteenth amendments to
the federal constitution bud not been mndo ,
this condition ivould bo hold "forever Irrevo
cable without the consent of congress. "
The power of .congress ever n , territory Is tin-
disputed ; but ns soon n the tatter becomes n
commonwealth u must be considered ns
holding directly under the lo.lcni ! constitution
nnd "on e'd.ual footing with Iho original
states. " Undqrany , other theory wn would
no I oncer hnvo a union of equal common
wealths , There would bo commonwealths of
various orders o'ho class consisting of the
ork'innl colonies \pltli all pownr.s not nppro-
pnatod by the federal constltuUon ; one e-Uss ,
such us Louisiana , with all thoio powers except -
copt that of changing the ofllclnt language ;
nnuthnr , such as Nebraska , without control
over the suffrage religion , etc. , utc. Chief
Justice Mason assumed as an extreme exam
ple , n case where congress proscribes that the
commonwealth con.stllullnn bo altered only
with Its consent. This may bo extreme ; hut
there have been commonwealths without any
provision whatever for nmcii'Mng the consti
tution , nnd concross could again erect others
under similar conditions. What would bo
the result ) If this Is a union of equal com
mon wealths , any amendment undeniably car
ried by the method ordinarily In vogue must
bo held constitutional. On admission us a
common wealth , thn irrevocable character of
eonditlons : imposed by congress lapses , nnd.ns
Senator Wnelo expressed U on iho floor of the
sonata In this very connection , 'Tho day
after n state comas In It may alter Its consti
tution , throw your nmomlmimt to the winds
mid 11 x the status of her voters in her own
way. "
Tim Htiito ol' NV
The veto message lay on the tnblo In the
senate until February 8 , when it wns taken
up and n motion lhat It bu not sustained car
ried hv a vote of Ml to ! > , 12 being absent.
On tbo following day Ilia Dili was taken up
In the house and p is'aed over the veto bv a
vote of 120 to 4M ; not voting , 23. Spiukor
Col fax requested the clerk to call his name ,
and voted uyo. According to the Congres
sional Qlobe , "tho announcement ot the re
sult of mo vole was received with npplnusu
both un thulloor and In the gullerlos. " Is'o-
tlui W.H ulvcn In iho senuto nnd that body
oiMeivd by resolutions Unit the bill bo pre
sented 10 the so.-ro'.nry of stulo as a duly en-
actud law.
.The territorial goveirnor of Nebraska con
vened iho legislature on February 20 , 18117 ,
and uu uct was passed which , after reciting
Iho tacts , declared that it ratllled and no-
copied thu act nf congress nnd that the pro
visions of the third section Da henciiforth "n
part of the organic luvv of Iho sluto of Ne-
nrmliii. " This net wus ccrtllleJ to the presi
dent on February 31 , who on March 1 , 1807 ,
Issued his proclamation suiting thut "tho ad
mission of iho said Mnto Into the union Is
now complete. " Tin- salaries of Ihu senalors
nnd representative Usued from March 4 ;
tin ? commonwealth government U Just com
pleting H& twenty-llfth year ol ojiilinuoUs
opcr.illon.
Il now remains for us lo examine Iho frame
of government created in lS'Kl-7 , und to trnco
the- changes ofTeeto.l by the constitutional
convention of 1S75. This e-un best bj effected
by considering the two toco'lier arid pointing
out whore tnu llrst Is supplemented by the
Hccoati. Externally the government differed
but very slightly from the old territorial
retrimo ; the great changes llo In the rclnllons
of Ihu departments lo the federal government -
, ment , to other commonwealth governments ,
to ono another ] ulitl to the people of Nebrus-
ki. The cnhstltutlon fulls naturally into
thrco parts , dealing with the organization of
Iho people in Hie"constltuUon , Iho establish
ment of a d'otriain of civil liberty , and the
provision of a torn moil wealth government.
Tliu Aiiieiiillng 1'imor.
Under the .constitution of 1S08 only ono
method of npiendinent wus provided , und
thut rather inUqflnitelr. Whenever u major
ity of each hotisei of Iho logUl'iluro thought
it nccossarv , Jhqy were to .submit Ihe ques-
tioti | of culllng.a ( Jbmtitutional convention to
revise or chance 'the constllullon lo n vole of
iho peoplo. It favorable' . Ibo Icgisluluro waste
to provide by jaw for calling the convention.
The succeeding sinus are not speciliod , nor is
it clear whothur such n convention wus to
have constituent' merely initiating powers.
These omissions are partly remedied In
"
the present 'constitution , "which states
distinutly that the convention shall
consist of us many members as the house of
representatives , chosen in the same manner ,
and shall have only initiating powers. Every
ulmiiiiu recommended must , to bo valid , in
adopted t > y a majority of the electors voting
lor and annlnst the sarau.
The constitution of 187.1 provides nlso a
second method of amendment. Amendments
may bo proposed by u throe-flfihs vote of
each house of the legislature and are then lo
lake olteet afler submission to the people "if
n majority of the electors voting at such
clecticm adopt such amendment. " While thu
majorities required are not eixcassive , yet
the clausn Jusi quoted has destroyed its elli-
oieucy inasmuch as it has been tmten lo no-
cassiiu'o vote * in number equal to a majority
of those cast for the caiielldato receiving Iho
greatest total vote ut such election.
Tha Domiiltiof CUH ! , ! ! > u-ly.
The extent to which freadom of person Is
insured against thu commonwiMlth govern
ment by Iho cotistilutlon of ISil-j U similar to
that marked out In the federal constiiutlon.
The commonwealth government may pass no
bills of attainder nor laws working corrup
tion of blood ; it mny not miiko ex post facto
laws , issue general warrants , levy the writ
"
of liubons corpus except In cases of"roballlon
or invasion , refuse adequate bail except for
capital offenses , unduly delay trials , proceed
otherwise than upon" grand Jurv" indict
ment , refuse the accused u jury trial accord
ing to the due process of the accepted com
mon law , Impose oxe'osslvo llnoj , inlllct un
usual punishments , make nny offense treason
except us doltned in tbo constitution nnd
proven in the manner therein provided , or
abridge tbo freedom of speech , palilion and
religion , In all cases of criminal libel , iho
truth if published without malice Is made a
sufllclout defense. No parson is to bo in >
priioned for debt , no dlscrimlnallou made in
law against resident nlions , no denial of the
writ of error in capital cases.
To these immunities iho constitution of
187f > adds prohibitions upon the government
against transporting any person for
offense committed within the common
wealth , from allowing qualified volors
to ba hindered in ihe oxcrclso
of Iho franchise and from indicting ponalllcs
out of proportion to the nature of the of-
fcnso. It further authorizes the legislature
to nltor or abolish the grand jury system.
The immunities referring to property nro
also explicit. The commonwealth govern
ment is prohibited from making property of
man but otherwise may declare in what pro
perlv shall consist. On tlio side of tho"
judlcinrj. the government may not Issue gen
eral search warrants , refuse jury trials no-
cording to duo process of law or pass laws
Impairing the obllgaiion of contracts. All
money must bo appropriated by law , the
pcaco debt Is llniltod to $5,0l'0 ! ) ' , the bularies
of commonwealth ofllcors uro specified in the
constitution mul'inomhcrs of the legislature
prohibited from drawing pay Tor mora tlnu
forty days' service annually. No property
may bo tr.konviUiout duo compensation , the
revenue must bo raised by annual tax laws ,
while the crcdltsof the commonwealth may
not bo bound for Individuals oc corporations ,
Savorul'furiheV provisions were added In
the constitution of 1875 , The truth Is extended -
tended as a valid defense in civil suits for
Iioel ; appeal to the supreme court may not
bo denied in civil cases nor soldiers billeted
In time of peucdc Tuxes must bo assessed In
proportion to'jiho value of property and fran
chises und licenses must bo uniform for the
class upon which imposed. The debt limit
In time of pcilco U rnuoei to $100,000 and all
powers not e-xprossly delegated by the con
stitution are declared lo remain with thu
peoplo. J
Thu r.cglslutlvo Depart moiit.
The constltuUon of the government is in
tended to bo ono of co-ordtnuto departments ,
The legislature is , with certain exceptions.
practically based on manhood suffrage for all
residents who are clllzons of iho United
States , or who liuvo declared tholr Intentions
to becomosuuh. The principle of representa
tion Is the same in both bousos , according to
population , the only difference being in iho
number of members. Any qualified voter
may servo and when clouted Is entitled ta
compensation tor his services , to freedom
from arrest during session except for treason ,
felony and broach of peace , and to privilege
against liability for words spoken In debate.
A majority of elected membort constitutes n
quorum. Escli house elects its own ofllcora
and controls Its members und piocoduro.
Mills In order to become laws must bo read
ou Ihroo different days , passed In each bouse
and bo either approved by the governor oc
ropassed ever his veto. Sessions are limited.
This organization U substantially retained In
the present constitution , the chief modifica
tion being In the Introduction of the llouton-
ant governor ns president of the senate.
Although the constitution assumes to pro
vide n government nf ftpcclllcd powers , It
makes no express grunt other than that vestIng -
Ing nil legislative power In the legislature
and then places restrictions on tlio exercise
of eonernl power. The constitution of 18(50 (
forbids the legislature from authorizing lot-
torlf.-s , granting divorces , giving extra com
pensation lo public servants or contraclors ,
and from passing special nets conferring cor-
porulo powers. The constitution of 1875 encroaches -
croachos still further upon the discretionary
no Ivors of the legislature , Ilprohlblts special
legislation upon any subject to which a gen
eral law can ho made applicable , lakes away
power to allonnlo salt springs oolonging to
the commonwealth or 10 donate public lands ,
to divert specified rovoiiiio from the school
fund , to permit sectarian Instruction In pub
lic Institutions , to nhnniro existing county
lines without the consent of n majority of the
voters in the counties affected , or to create
any executive oftlco.
Tli Cxi-rntlvo Department.
Uy the constitution of 1800. .tho oxocutlvo
wns mndo to consist of the oloetlvo offices of
governor , secretary of state nnd treasurer ,
with terms of two years , and nn auditor
with term of four years. Any eiunllflod elec
tor , n citizen of the United Stales , was eligi
ble. Thn supreme executive power wns vested -
od in the governor , while the order of suc
cession to his office passed along to Iho secretary -
rotary of state , president of the senate and
speaker of the house. Dcsldcs the duty of
enforcing tlio laws , the governor wns given
nsuspauslvo veto ever legislation , Iho power
of reprieve nnd pardon , the appointment of
ndmlnlstrnllvo ofllcers and complete control
ovor'lh-3 military forces.
Tno constitution of 1873 creates the addi
tional executive oflices of lioutonant-govor-
nor , superintendent of public Instruction , at
torney ( 'cnernl nnd commissioner of public
lumis and makes the term of olllco uniformly
two years. The requirements for eligibility
nro slightly Increased and succession to th'a
governorship given to the lieutenant gover
nor , president of the senate and speaker of
thu house in the order named. Thu execu
tive la explicitly given power to remove up-
polnleil officer * und the two-thirds majority
required to override a veto Is cut down to
thrco-flflhs of thn elected members In each
house.
Th .fiidU'liil Drp.trtmi'iit.
The judicial power was vested by the con
stitution of 1SOJ In a supreme court , district
eiourts and certain Inferior courts. The
tbreso JueUes of the supreme court were to bo
elected by popular vole for terms' of six
> e'urs. They were lo have original jurisdic
tion In certain speclied ! cases and lo have
cognizance of both equity nnd common law
procedure. The senate wus to net ns a court
of Impeachment. No material chaiigo in
the constitution of the courts has boon
made by Iho constitution of 187. ) . The supreme
premo court Is now n permanent body , one
member vacating his olllco every second
yoar. General jurisdiction ever cnsos ot im
peachment bus been taken from the senate
and vested in the supreme court , hi the last
Instunco , the duty of determining whether or
not u commonwealth law Is in conflict with
the commonwealth constitution , devolves
upon the supreme court.
With the constitution of 1875 two proposi
tions were suumittod separately , ono allow
ing oloclors lo express Ihclr preference for
United Stales sonalors and Ibo oilier provid
ing lhat the seal of government shall not bo
removed or relocated except by a majority of
tlio electors. Hoth those propositions wcro
carried nnd as u consequence of the adoption
of the latter no serious attempt to remove
the capital has ever been made. Only once
have iho people paid any intention to the
first proposition since Its adoption , and lhat
was in 1SSO when General Charles H. Vun
Wyclc made a canvass for re-election ns
United States senator and received a re
spectable number of votes. The legislature ,
however , chose to iguoro the sontimunts of
Ihe pooploas Ihoy are at liberty to do under
Ibo proposition , and tl has therefore been
practically of no consequence.
Efforts Iiavo boon made to amend the con
stitution of 1875 e\ cry two years beginning
with 1SSJ. The only amendment which has
ever been carried , however , was ono of the
two submitted to the electors in 1SSO , provid
ing for n sixty days' session of the
legislature instead of forty days and a
remuneration of $5 Instead of'J per
duy to members of the legislature ,
Proposed amendments providing for
woman's ' suffrage , for a railroad commission ,
for increasing the number and pay of Judges
of Ihej supreme court , and the remuneration
of Judges of the district court , and lor a pro-
nibltory liquor law have all fallen short of
the required vote to secure their adoption ,
and with the single exception above noted
amending section 4 , article ill , the constilu-
tion remains as it was originally adopted.
Two amendments are now pending , however
over , to bo voted upon in November next. It
is quite probaulo that a constitutional con
vention would have boon called before this
for the purpose of adopting a now constiiu
tlon except for the fear of prohibition on the
part of many and of stringent anti-railway
provisions on that of the railway
companies and their friends. It
Is admitted that the fundamental law of the
stuto Is defective In very many partfculars.
It was enacted at a time when tbo people of
the stitlo were suffering from Iho ravupos of
grasshoppers and the agricultural communi
ties were seriously depressed. The salaries
of executive officers , nnd especially of judi
cial ofllcors , nro ridiculously inadequate , mid
the limitations of Iho constitution in olhor
directions are quite certain to chafe the
crowing commonwealth more and more until
completely changed by amendments or re
placed by a now constitution.
VlCTOIl ItOSKWATEll-
XiilK.\SCA : ! GAL'irOlj ItUIIjUlXG.
Nebraska's first state house was not an
Imposing structure , and yet when it was
lininhcd it , was regarded by the pioneer
seniors of the now lerrllory as a marvel of
architectural grandeur. It was erected in
the city of Omniia on Ninth street , between
Farnam and Douglas streets , by the
Nebraska Ferry company , nnd by that
oivunl/.utlon leased to the territorial olllcers.
It was n two-story brick structure and cost
uoout&J,000. In this humble cdlllco assem
bled the first teirllorinl legislature.
The second cupitoi building was a more
imposing slrucluro ana stood on the capital
hill on the spot now covered by the High
echool building' . Congress had appropriated
$30,000 ( or the erection of this building und
a contract wns mndo on Novoinbnr ! 3'J , 1855 ,
\yith Bovoy & Armstrong , who agreed to
have iho building completed by September
15 , 1850. The work was not finished however -
over until some time In 1S57. The building
completed coat $100,000 , It wns on the olei
colonial style , built of brick , two stories in
height , mill almost porfeclly plain , The
capllol building and grounds were donated
by Ihu state lo Omaha for school purposes In
18U7 , when Iho capital was removed lo
Lincoln. The capitol building wns torn
down in 1870 to make room for the present
High school bulldin ? .
Nebraska was admitted into the union of
stales on March 1 , 18(17 ( , und iho legislature
at a special session In May of thut year de
cided to move iho stuto cupttol from Omaha
to boino point in the Interior of the state. A
commission wai appointed , consisting ot
Governor Duller , Socreunry of Stulo Ken-
nurd and State Auditor Glllespie , to select n
night for the now capital city. Lincoln was
selected and the work of building
uHtutohoiisu was nt once commenced. The
first contract for the stuto house was lot to
Joseph Ward of Chicago on January 11 , 180S ,
for the sum of S4ooo. ! ) The building was
construcled from magnoslun limestone , ob-
tninod from extensive quarries in Gagn
county. It was finished in De-comber of tbo
same year. Ou the Sd of that month Governor
ornor Duller ordered the archive's ot state
transferred from Omaha to the now build-
Ins. This was thu original stuto capitol , It
stood upon the site now occupied by tlio
present odifle-o , but not a stone is loft of the
old building. It served its purpose for ton
years , ut the cud of which time work was
commenced upon thn present strucluro.
There were a number of c.iusos which con
tributed to the sentiment In favor of u now
capitol. Chief among those was the very
evident unlltness of the bulldtag for the
permanent homo of the oflices of the state ,
The walls were badly constructed nnd soon
gave signs of disintegration , The outer
courses of stonu were uffoctod by thu
weather and began flaking off , The stale
ofllcors soon began lo bo afraid lo stay in Ihu
building during high winds and ouch suc
ceeding legislature mot under the shaky roof
wllh an increased trepidation. Then the ad
vocates ol removing the capitol commenced
an agitation which struck terror and dismay
to the hearts of the people of Lincoln , Thut
city , at that time , depended almost
entirely for the capital .for its future ,
and the nsitntlon for removal had a de
pressing effect upon values and the erowth
of Ibo placo. In October , 1878 , the north
wall of tbo building wus condemned. Tha
Board of Public Lauds and Uuildluga had it
rebuilt , nnd in .innnary , 1S7' ' . . uovornor unr-
ber , In bis mcssago to the legislature , recom
mended thnt n now stnto house bo creeled
and suppcstod that n levy bo mndo ior a cnp-
Itol building fund. After n bitter strnpglo
$100,000 was appropriated for the erection of
the west wing of the now capital , Work
was commenced on the now building ns soon
ns posMblo. but It was not until November ,
1SSI , that the wing wna reaely for occupancy
XtiniUSKA CAI'ITOl. UDItPIXO.
It was built by W. II. D. Stout of Lincoln ,
who undertook the contract for $ < V1,400. In
1881 iho legislature appropriated $100,000 for
the erection of the east wing , nnd the con
tract was nlso let to W. H. 13. Slout for the
sum of $ ' . ) (1SOO. ( In February , 1883 , the log-
isluluro provlcicel for the domolltlon of iho
old building and for the erection of the
main or central portion of the present build-
in p. and on July U of the same year the con
tract was lot to XV. H. I ) . Stout for $481)- )
187.VJ5. Thi < foundation walls were laid in
the fnll of 183 : ! , nnd on July 15 , 18SI , the cor
ner s' ono \vn.s laid with appropriate core-
monlos. l < rom that data iho work pro
gressed rapidly , and by January 1 , ISS'J ' , the
now capitol hud been completed ,
The style Is in the Italian renaissance.
There Is no superfluous ornamentation cither
on exterior or interior. Quiet clcgnnco and
dignity uro the charaatorlstlcs of Iho design.
The main elevations of the structure fnco
north and south and the fronts are uniform
In appearance. The main building without
the wings Is 85 foot , In width and 103 feet In
dnpth exclusive of the two porticos , \vhlch
nro ouch U feet wide , i'ho wings are 85 foot
wide and 114 loot long. The structure would
be cruel form If thu main building hud been
extended about IIIty foot further north und
south. The extreme length cast nud west Is
! )1U ) feet and the breadth HU foot. The bano-
mnnt Is 10 foot in- height , the llrst story 14
feet , the second 15 feet and the third 14 feet ,
The dome Is15 feet squareat the base and
thu lantern is " 00 foot from the grnda lino.
Entering from the north the visitor finds
himself , after passing between the nmsslvo
piers of the portico , in a voslibulo tiled and
wainscoted lu marblo. From that open
apartment ho stops Into the main corridor ,
running north and south and Intersecting in
Iho rotunda the long corridor running the
cxtrcmo length of iho building east and wost.
These corridors are tiled with Vermont
marble nnd partially wainscoted in scrag-
liolu or artificial marblo. The heavy doors
and frames are of oak. In each of the four
corners of iho main building is a suite of of
fice apartments. The commissioner of pub
lic .lands nnd buildings has the north-
wes corner , the secretary of state
the southwest , the governor the soulh-
east and the Stale Board of Trans
portation the northeast. The ofllcos are all
largo , well equipped , supplied with lire-
places nnd handsomely furnished. ' 1 hero nro
immense llreproof vaults , both on the first
floor nnd in the basement , for the storage of
state papers. The llrst floor of the east wing
is assigned to the State Board of Agriculture ,
the state oil Inspector , deputy commissioner
of labor , stale superintendent of public in
struction and adjutant general. The west
wing Is occupied by the auditor of public ac
counts and tuo stale treasurer.
The rotunda is octagonal , with an Inside
dimenson of about thirty feet. An opening
in the scond floor admits light to the llrst
floor. The sccouel floor Is gained by two Iron
stairways from the rotunda , while a similar
stairway leads from each wing. The corridor
on the second Is paved with bard wood
Instead of marble , and the ilnlsbing
of Iho wniuscoling is in scagllola and has a
beautiful oilect. From the second story the
whole interior of the dome is open and in its
decoration the frcscoor has been given full
scope. Viewed from the lower floor the
effect is particularly striking. The entire
south half of thu second story Is glvon up to
the stale Horary which now numbers about
30,000 volumes. The main room lies across
Ibo front and extends up through tbo third
floor. The main room Is 31 by Sii feet In size ,
the ceilings being nearly forty feet from the
floor. The decorations nro notably line , the
ceiling bain ? paneled in hard wood.
Opposite the library in Iho north side of
the main building uro tbo rooms assigned to
the supreme court. These rooms are by all
odds the , handsomest In the building. They
are richly furnished , tbo upholstering being
in russet leather.
The senate chamber occupies the west
wing , and Is a line nudlenco room. It Is 85
foot wldo with 40-foot celling. The room is
handsomelv carpeted and the walls and cell
ing are decorated with lincrusta walton and
heavy papers.
The lieutenant governor and the attorney
general also have rooms on the second floor
of tbo west wing. Rooms are also provided
for tbo chlof clerk and his assistants.
Representative hall occupies the corresponding
pending position In the cast wing and is also
appropriately decorated nnd furnished.
The Ihlrd floor is given up lo committee
rooms , oto. It Is only during a session of Iho
legislature that this floor presents a busy and
animated scene. During iho balance of Iho
year it is practically deserted.
If the visitor wishes to contlnuo his in
vestigations still further ho may climb a
succession of spiral Iron stairways until ho
finds hlmsolf in the dome 200 foot above tbo
ground nnd overlooking the entire city f ivl
country for ton or llftccn miles around.
. , ni.novjn. : :
At the mooting of the leglslaluro whlah
convened on May 18,1803 , Important matters
cumo up for consideration , principally Iho
location of the several stale institu
tions for which Iho enabling ant had
mndo a liberal appropriation of lands ,
The Otoo county delegation proceeded to
Omaha asking for the State university , and
other towns pat In similar claims. No town
ECO mod to care much for the state prison ,
After a struggle for the location of tbo sev
eral institutions , n compromise was effected
by the South PJatto members , without re
gard lo party lines , by which it was agreed
to remove the capitol to tbo South Platte
country , and loc.ito all the state Institutions
at the state capital. This caused the consol
idation of-nll the North Platte members In
opposition , The bill was prepared with duo
deliberation and Introduced. It wns entitled ,
"An act to provide for tbo location of the
Beat of government of the stale of Nebraska
nnd for iho ercctloa of puullo oulldlngs
thereat.1'
Thu house passed the bill two days later
under a suspension of the rules for a third
reading. All manner of filibustering and
strategy was resorted lo by iho North Plallo
members lo dufeat the hill. It so happened
that all of the Oton county members were
domccracts , who had made a light to secure
the state university for Nebraska City , but
they relinquished their claims , 'Tho original
bill provided thnt thu name for thu now city
should bo "Capital City. " Senator Hooves
of Oleo county had' boon a southerner
in sympathies and disliked the name
of Lincoln. Knowing his disllko to
President Lincoln , and hoping to proju-
dlco the Otoo county senator against the
bill , J. N. II. Patrick of Omuhn moved that
thn hill bo amended by striking out the words
"Cnp nl City" and substituting that of
"Lincoln. " This rnso failed to antagonize
Senator Kcovi's , for instantly ho was on hl.s
foot and accepted the amendment of the
member from Douglas , The friends of Iho
bill caught the spirit of tbo amendment and
adopted tU Thus Nebraska's capital bears
the name of the Illustrious Lincoln owing to
the trick designed to defeat thn removal bill.
In the lower lionso a uimllur move wns
made to dlvido I he South Pjattu delegates by
an amendment offered to locate the Slate
university at Nebraska CUy , which Ihe Oleo
delegates had striven to secure previous to
the compromise , hoping to break the com
bine. Hon. A. F. Harvey ( deni. ) from Otoo
opposed the amendment , and In his argument
said : "I am opposed to the amendment on
partisan grounds , for the roasoii that Otoo
county some years ago had a democratic
majority of 000. After the city built a High
school building the democratic majority was
reduced to - ' > ( ) , nnd If the State university
fihould bo located there the ontirodemocratic
majority would bo wlpod out in Otoo
county. " *
The bill passed tbo connto oy a vote of 8 to
6 , and the Louse by a vote of 'i& to 10.
FRAUDULENTLY COUNTED OUT
The Nebraska Constitution of 1871 Framed
to Protect the People
AGAINST ENCROACHMENTS OF MONOPOLY/
TlmCrunnilo by Catholic inul I'rotiMtiuit A.
Chapter In tlm HlMnry of Nolirmlm
tlnil llns Never Unforo Itceu
Trullirully Hccltctl.
The first constitution of NohrnsKll was do-
foctlvo and unsatisfactory In ninny essential
particulars. It framora were aiming chiefly
to create n state government that would bo
as inexpensive ns Iinil boon the territorial
government. The snlnrlos of stnto officers
were ridiculously low anil a supreme judi
ciary was improvised out of the thrco then
existing district judges , who periodically mot
nt the stnto capltnlto ailjudlcnto cases tlmlw
lind boon appealed from the district courts ,
ever which they themselves hud prosldud ,
Section 0 of the nrtlclo on Judiciary provided
thnt In nil cnsos hcnrd before the atiproma
court , as nn nppollato court , the justice who
mny hnvo tried such cnuso In the court below
shnll not participate In the decision "thereof
until the other two Justices , If present , shnll
hnvo failed to ugrco In the decision of said
cnuso. V
Underthls parsimonious constitution tba >
salary of the governor was f 1,000 per annum , I
that of the secrotnry of stnto fOOO. tlio stat
treasurer $100 and the state auditor fSOJ per
year , while the salaries of the Judges of the
supreme court , who also noted ns district
judges , was Ji.OOO per annum. The salary
of the janitor was Just the satno as that , of
the secretary of stnto nnd the governor's
private secretary recolvod100 a year mora '
than the auditor. . ]
As early ns 1870 , within three years after
the state had organized under this constitu
tion , popular sentiment was aroused to the
necessity of throwing off this tighl-fluljig I
garment and replacing It by a constitution j
that , would moot the requirements of the
ranldly growing stato. In March , 1ST ] , 1
tbo legislature passed an act calllnKJ
together n constitutional convention to moor
at , the state house in the city of Lincoln on
tno second Tuesday in the month of Juno of
the same yoar. The convention was to consist
of llfty-two momburs , apportlonoil from the
districts entitled to representation In the two
houses of the legislature and ? 15,000 , was ap
propriated to moot the uxponsos of the con
vention. The election tools place on the tlrst
Tuesday In Mny , 1871 , and In most Instances
the members were elected on a nonpartlsau
basis and without any political contest.
Douglas county unanimously elected us Its
representatives Silas A. Strickland , Experi
ence Estabrook , James M. Woolwortb ,
Charles F. Maudorson.Jnracs E , Ho.vdBlouzm ,
Wukoloy , George B. Lake , Isaac S. Hascull
and John C. Myers. Lancaster county was
represented uy Oliver P. Mason , T 15.
Stevenson represented Otoo county and Both |
Kohlnson Lancaster county. i
Following is n list of delegates to the con
stitutional convention of Juno 13 , 1S71 , 1
Douglas county excepted : j
O. A. Abbott , Hall county , Ninth Sena- I
torlal district ; M. Ballai'd , Washington , Seventeenth - I
onteonth ; J. U. Campbell , Otoo. Third ; J. I
N. Cassell , Lancaster , Eighth ; W. H.Curtis , I
Pawnee , Fourteenth : J.V. . Eaton , Oloe , J
Third ; P. t > . Gibbs , Burl , Eighteenth ; G. U J
Granger , DaUota , Iwouty-flrst ; E. N. M
Gronnoll , Sarpy , Fifteenth ] IS. i ? . Gray. H
Dodge , Nineteenth ; N. K. GrlEB-s , Gaeri , j H
Twelfth ; B. I. Hinraan , Lincoln , Tvvcntv. H
sixth ; J. A. Kenlston. C&ss , Fourth ; Jahios 1
Kllbouru , Sounders , Eighth ; S. M. Kirk pot- J
rick , Casa , Fourth ; Lowls Ley , Stanlon , \
Twenty-third ; Waldo Lyon , Burt.Sixth ; D. I
J. McCanu , Third ; a. 'P. Majors , Nomaha ,
Second ; O. P. Mason , Otoo , Third ; Samuel
Maxwell , Cass. Fourth ; D. T. Moore , York ,
Thirteenth ; J. D. Noligh , Curamlng ,
Twentieth ; B. S. Nowson , Oton ,
Third , W. Pnrchln , Ulchnrdson , First ;
II. W. Parker , Scward , Tenth ; J. E. Phil ,
pot , Lancaster , Eleventh ; B. Price , Joflor-
son , Twelfth : H. M. Reynolds , Ungo ,
Seventh ; Seth Hobinson , Lancaster , Eighth ;
.1.13. Schollold , Otoo. Third ; Jacob ShnlT.
Saunders , Ninth ; A. L. Sprnguo , Snundors ,
Ninth ; A. F. Stevenson , Cumlng , Sovooth ;
C. A. Spleco , Platte , Twenty-second ; A. S.
Stewart , Pawnee , Fifth ; Goorco II.
Thummoll , liall and Mcrriclf1'wonty-Jourth ;
E. W. Thomas , Nomaha. Fourth ; F. A. Tis-
dal , Nomaha , Second ; E. b. Towlo , Hicburd-
son , First ; Victor Vlfqunlu , Sulii.u , Elev
enth ; A. J. Weaver , Ulchardson , First ; John
Wilson , Johnson , Sixth ,
The convention meit on Juno 18 , and or
ganized by electing General Silas A. Strick
land president. The sessions v/cro continued
from day to day until its tiiial adjournment
on August ID , when the constitution was
promulgated , and an olcetion for its ratifi
cation or rejection was ordered to talto place <
on Tuesday , boutompor 11) ) , 1871. The con- * - &
stltutlon was one of the most perfect organic
laws that had ever been trained in the '
United States.yTho following comment from
the pen of Hon. Joseph Moclill , editor of the ,
Chicago Tribune , and one of the tranters of
the present constitution of Illinois , which
had been adopted the proceeding year ,
affords nn unbiased view of thn constltu- !
tlon which was submitted to the people of
Nebraska for ratification In September , 1871 :
"Tho now constitution of Nebraska 14 to bo I
voted on by the people on the Ifth of Son- ]
tcmber , No election has ever boon held m I
the state so important to Its welfare as this I
will bo. The state of Nebraska was admitted
to the union under a political pressure before J
it had tbo population requisite for a concres- I
stonnl district. But the state has had u won- j
dcrful growth. The opening of the Pacific 1
railroad through us onttro length , the mir- I
voy and commencement of various other 1
roads within nnd leading to the state , the I
concentration , near Omaha , of all the great I
trunk routes from the east , have given No- I
bruska , vHtnln a few years , the 'growth and I
maturity for which other states have had to I
wait a quarter of n century. The constltuI I
tlon which would have ucon applicable for a
people scattered along one grout river , witti j
sorao settlements in remote valleys or in par
ticular and widely separated localities , ib notc .
the constitution sultablo fora stnto outorll &
upon n commercial career which , In a very
short time , will rival that of state.- ) half a
century oldor. It was the knowledge of this
fact that Induced the calling of n convention
to prepare a constitution adapted for the
present and prospective wants of the state In
place of tbo original charter , which is ad
mitted to bo insufllolont. In no particular is
this hotter shown than in tbo provisions of
the two constitutions rotating to the judlcl
ary. Nothing gives a higher character tea
a state than Ita judiciary. A pure
and Independent court of last resort will
glvo to n stuto a credit abroad , even if the
other brunches of the stuto DO steopud In cor- .
ruptlon , The old constltu tlon provided fora >
honrlng of appeals by a general term of the /
circuit or district Judges sitting together. '
Each judge , therefore , was to review liUown
Judgments. The now constitution establishes-
an Independent supreme court to consist > Jf
thrco judges , and such a tribunal will Ijo of
incalculable value to the credit of Nebraska ,
which , ns a commercial state , will have busi
ness rotations with all parti of the country.
The existing constitution contains no provis
ion for Its amendment , except through the
agency of a convention , and should tiio now &
constitution bo rejected another cannot ho 9
framed and go into otloct bofora January ,
IBTil. In the meantime the state will labor
under all the embarrassments of the existing
law. The now constitution Js perhaps the
Doit matured Instrument of the kind over
prepared In any state. It embraces nearly
all the wiio provisions of the now constitu
tion o ( Illinois , with several additional
precautions against fraud and extravagance.
"Had the state of Illinois enjoyed such a
constitution twenty years ago It would have
spared our people many millions of dollars
shamefully wasted , and prevented ipgUl&tivo
and other frauds and abuses to recover from
the coiiicqtionces of which will cost years of
ceaseless effort and the most expensive nnd
vexatious litigation. In Nebraska the new
constitution proposes to keep tha state free ;
to protect the rights , liberties and property
of the peop'o ' against confiscation by monopo
lies , and to stop at the threshold the creation
of corporations greater thun the state nud
'beyond ' und above the reach of the law to ,
which the person nnd property of every oltl-
zcn Is amenable. If Nebraska wants to bo
free wants to escape the despotism of v
monopolies under which all her slsier states N.
have suffered , and from which they are preparing -
paring at a heavy cost to escape lot her
adopt this constitution now , Five years
hence it will bo too late ; the work will then
) tu HccomplUhod , and the wlso restraint *
