Y rr
i
I THE OMAHA DAILY BEE.l l
TWELUE PKGES. . TWELUE PAGES.
\ TWEXTY-FIllST YEAH. OMAHA. TUESDAY MORNING , MARCH 1 , 1892--WELVE PAGES. NUiMHKll 250.
THE STORY OF NEBRASKA
From Territorial Dependency to Sovereign
Statehood.
TWENTY.F1VE YEARS IN THE UNION
\jnrvelous Development of Material Wealth and Natural Re-
Bcurcos Mat-ch I , 1867 to March 1 , 1892 Epochs In HOP Politl-
, CB ! History ncmlnlsconces of Territorial Days How
a Stnu Was Counted In and a Constitution Counted
Out by "Doctored" Returns.
1 On the 1st day of March , 18f > 7 , Andrew
Johnson , president of the United States ,
issued the proclamation by which Nebraska
'was admitted Into the sisterhood of states.
The quarter-centennial anniversary of this
momentous event Is nn occasion that Justifies
n retrospective view of the events that have
transpired slnco Nebraska discarded her ter
ritorial swaddling clothes nnd assumed her
rightful position among thu great common-
wnalihs that make up the galaxy ot United
States.
it Is meet and proper for Nebraskans to
( tuko an Inventory in this day of Iho wonder
ful development of n quarter of a century.
This can best bo done by comparative exhib
its of the population , Industrial and commer
cial evolution , educational , religious and
benevolent Institutions , agricultural re
sources , and producing capacity of the state.
Tun Dir. : in this Issue presents a carefully
prepared and unbiased recital of the consti
tutional genesis of Nobrasua from tbo day
she was carved out as a territory up to the
present. This historical research has been
supplemented by chapters of unwritten or
partially written history of political struggles
aud events In the early years of statehood ,
Including the contest over the constitution of
1371 and the Impeachment trial'of David
Butler. Incidentally wo present also n
cursory review of legislative sessions , with
the nutrias of eminent Nebraskans who have
served lu tbo law-making and executive
branches of territorial and state government
nud the men who have represented Nebraska
In the national legislature.
Last , but not least , wo print comparative
tables and exhibits of population , school at
tendance , assessed valuations of property ,
and aggregate of products of the farm and
cattle ranch.
< T >
These facts and figures nro necessarily
condensed Into a limited space , but they will
bo found very instructive. They exhibit tbo
mighty strides which the state has made in
the past twonty-flvo years , and convey a
clear Idea of the tremendous lido of human
energy which has set westward slnco 1807.
KobniHlci us : i Territory.
Although the act creating thu territory of
Nebraska became a law on May ! < 0 , 1S5I , it
was not until October oi that year that the
odlcera appointed by President Pierce
reached Bcllovuo , tbeu the only village of
any pretontlon In the territory.Thcso ofUcors
were : Governor , Francis Uurt of South
Carolina ; socrntary , Thomas B. Cumlug of
Iowa ; chief Justice. Fenner Ferguson of
Michigan ; associate Justice ? , J .11103 lirad-
loy of Indiana and Kdwiu H. Hnrdln of
Georgia ; marshal , Murk W. Izard of Ar
kansas ; attorney. Experience Estubrook of
Wisconsin.
* " Governor Burt died October 18 , Just
cloven days after his arrival. By virtue of
his ofllco Secretary Cumlnc assumed the
. 'uties of the executive nud on the same day
ia > , uc > l the llr.st proclamation promulgated lu
'
tlio now torritory. It contained the'ortlclnl
nnnouncomtnt of the death of Governor
Burt and directed that Iho national colors
within the territory bo draped lu mourning
for a period of thirty
TIMIlllTOHIAI , CAl'lTOI. , OMAHA.
No sooner had the proper respect boon
paid to the territory's distinguished dead
than the affairs of the living pushed them
selves Into prominence. A capital for the
new territory was to bo selected aud the
wheels of government sot In motion. The
ambitious citizens of Bcltovue , Florence ,
Omaha , Plattsiuouth and Nebraska City at
once entered Into a Herco competition for the
> seat of government. After duo considera
tion Governor Cumlng decided to locate tbo
capital at Omaha.
The 1'ln.t Turrltnilnl r,0l | lulurc.
\ In an ofllcial proclamation Issued December
20 , ] 8"il , tbo actinu governor designated
Omuha us the capital aud called the llrst ses
sion of tlio legislature to moot in that city on
the ICth day of January. 18M. Previous to
this , hownvor , a census of the territory had
bron taken and un election called for. The
census revealed a population of 2,73' ' . The
territory was divided Into eleht counties ,
which were designated as follows ; Burt ,
Wcshlngton. Douglas , Dodge , Cass , Plerco.
Vornoy and Kiclmrdson. The momborshlp of
the llrst legislature was divided as follows :
Burl county , one councilman , two repre
sentatives.
Washington county , ono councilman , two
rciiresentutlves.
JJouglas county , four couucllmon , eight
representatives.
Dodge county , ono councilman , two repre
sentatives.
Cuss county , ouo councilman , two repre
sentatives.
Plurco county ( afterwards Otoo ) , thrco
councllmcn , live representatives.
Forney county ( afterwards Nomaha ) , ono
councilman , two representatives.
Klehardson county , ono councilman , two
representatives.
The 11 rat general election In the now territory -
tory was held on December 13 , 1854 , and re
sulted In the selection of Napoleon B. Gld-
dlngs as the territorial delegate to congress.
The first session of the territorial legisla
ture convened In a two-story brick building
erected for Its reception at Omaha at 10
o'clock n. m. January 10,1855.
The following gentlemen composed the
council : J. L. Sharp , president ; B. H. Fol-
loiii , J. 0. Mitchell , M. H. Clark , T. G. Goodwill -
will , A. D. Jones , O. D. Ulchurdson , S. E.
jtogcrs , Luke Nuckolls. A. H. Bradford , H.
P. Benuott , O. H. Cowlcs and Klchard
Brown. Dr. Georire U Miller of Omaha was
chief clerk. O. F. Lake of Brownvlllo assist-
ml clerk , S. A. Lewis of Omaha cergcant-at-
nrmi and N. It. Folsom of Tekamah door
keeper.
The house organized with the following
members : Andrew J. Iianscom , speaker ;
\V. N. Bycrs , William Clanoy , F. Davidson ,
Thomas , Davis , A. D. Goycr , Andrew J.
Popploton , Robert Whlttcd of Douglas ; J. B.
Hobortson , A. C. Purploof Hurt : A. Archer ,
A. J. Smith , Washington : E. It. Doyle , J.W.
Hlcbordson , Dodge ; J , M. Latham , William
Korapton. J. D. II. Thompson , Cass ; G. Ben
nett , J. H. Cowlcs , J. H. Decker , W. 11.
Hall , William Moddox , Plerco ( now Otua ) ;
W. A. Flnnov , J. M. Wood , Forney ( now
Momnhn ) ; D. M. .lolinson , J. A. Singleton ,
Hlchardson. J. W. Paddock was chief clerk ,
G. L. Eayro assistant clerkI. L. Glbbs ser-
gcaut-nl-arms and B. B , Thompson door
keeper. The total m0mbcrship of the coun
cil was thirteen and of the bousn twenty-six.
Among the names cbovo will be recognized
those of the folio wing living well known
citizens : A. D. Jones , the father of Omaha
and llrst po.stmasl ° r ; S. E. Rogerscapitalist ,
residing In Omaha ; Dr. George L. Miller , for
so many years editor of the Omaha Herald ,
and now chairman of the Omaha park com
mission : W. N , Bycrs , afterwards n capi
talist at Lcavcnworlh and owner ot the cor
ner occupied by the Continental block , Fif
teenth and Douglas streets , Omaha ; Andrew
J. Popplcton , attornoy-ut-law , Omuliu : J. W.
Paddock , onn of the county commissioners of
Douglas county and government director of
the Union Pacific ! railway , nuo B. B. Thomp
son , now as thcu a citizen of Brownvillc ,
where ho has since occupied several public
positions , the father of John O Thompson of
Omuha , the editor of the American.
Governor Cutnlng In his tnossago alluded
feelingly to the untimely death of Governor
Burt. The principal nart of the mcasatro ,
however , was devoted to a discussion of Iho
Pacific railway. Its Importance to the wel
fare of the now territory was expatiated upon
and a strong argument made In favor of the
Platte valley routean argument which has
sitico been fully vindicated by the completion
of the great railway system nloug the route
indicated.
The tirst session of the loclslaturo was uot
in all respects u model one , but considering
the somewhat chaotic condition of affairs In
tbt ) territory , it made a fair beginning ; , and
iiccamullsbml much In the way of legislation
that was worthy of commendation.
Thu machinery of local government wus
provided for nud county oftlccrs created.
The criminal cede of lown , with some modi-
ller.tions , was adopted. The capital was
formally and oRlcially located at Omaha.
Educational Interests'were not forgotten.
Three Institutions of learning , viz : Simpson
university at Omaha , the Nebraska univer
sity at Fontaiielle.aud the colloalato prepara
tory Institute nt Nebraska City wcro Incor
porated.
Among the most notaolo transactions of
the llrst session wn * the favorable report by
M. H. Clark , chairman of the committee on
corporntlons.on the bill clmrtcriim the Platte
Valley and Pacific railroad company , a pro
posed line which has slnco become one of the
greatest commercial highways of the world.
In the meantime President Plerco had
appointed Mark M. Iznrd to succeed Gov
ernor Burt. Ho arrived at Omaha on Feb
ruary 'JO , iy > 5 , and tureo days later took the
oath of ortlco.
Tlio rirxt riirnuil Oiniis.
There was much to bo done oven after the
adjournment of the legislature , In the year
18.Vi , n formal census of all the whlto persons
lu Iho territory wus taken , and the poouln-
tlon by counties was ns follows :
Hurt. W > Nemuliu C04
Ca ) < .s 71Otoe. . l.lts
DiiUotn 81 I'nwiicc " I4J
Podvu KM HIclnirdHOii. . . . . . . 2Ki !
Douglas l.O''B Washington 207
Total 4,491
Dakota and Pawueo counties were created
by the llrst legislature which had changed
Pierce to Otoo and Forney to Noumha , the
names by which they uro now known.
TlioSi'diml Territorial Legislature.
The second session of tbo legislature as
sembled OH Docorabor 18 , 1S53. The mem
bers of the llrst council had voluntarily re
signed , but all were re-elected except M. H.
Clark of Dodgo. who hud died , mid Luke
Nuoltolls of Cass county. John Evans , the
old-tltno seedsman of Omuha , succeeded Mr.
Clark , nud S. M. Klrkpatrick , who died on
tbo 17th ult. at his old homo , was substi
tuted for Mr. Nuckolls. Tno council olllcers
were : B , It. Folsom. president ; E. G. j\lc-
Noely , chief clerk ; M. B. Case , usslstaut
clerk , and C. W. Pi rco , now of Lancaster
county , sergeant-at-arms. The house roster
contained the following nnmos : A. D. Kirk ,
Illchnrdson ; W. H. Hoover , Kicbardson and
NomnhiV Thomas It. Hare , Pawnee ; W. A.
Fmnoy , L. A. Chambers , Nomaha ; Jame.s II ,
Decker , M. W. Uiden , J , Sterling Morton ,
William B. Hull , J. C. Campbell , John Boulo-
ware , Otoo ; A. M. Koso , Otoo and Cass ;
John F. Buck , William I/aird , J. McF. Ha-
good , Cass ; George L. Miller , WiUlam
Larimer , Ir. , Lwl Harsh , W. E. Moore ,
Alexander Davis.LeavittL. BonronAlonzoF.
Salisbury , William Cluuoy. Douglas ; l * . C.
Sullivan , Washington ; William B. Beck ,
Wellington and Burt ; Thomas Gibson ,
Dodge. P. C. Sullivan was speaker ; H. C.
Andersen , chief clerk ; I. L Glbbs , assistant
clerk A. S. Bishop
; , sergoant-at-arms , and
E. B , Chlun doorkeeper.
Among the ubovo names these of GoorgoL.
Miller , W. H. Hoover , J , Sterling Morton ,
William B. Bock and Thomas Gibson are
still familiar. Mr. Hoover lived then In
Brownvlllo , and has hold many public posi
tions , irately ho has acted as deputy oil In
spector. J , Sterling Morton continues now ,
as then , a loading democrat of Nebraska
City. William B. Book has slnco boon fre
quently olcctod to ofllco , and Tliomus Gibson
was the llrst secretary of the Omaha Board
of Trade and has boon honored with olbor
conspicuous ofticus. Ho now resides at Los
Gates , Col. , where ho spends his declining
years In cultivating a fruit farm. His sons
are nearly all In Omaha , and uro among our
loading citizens ,
Thu First Asst'ximcnt.
Tun llrst report of the territorial auditor
\va submitted at this session und it showed
the following valuation of real aud personal
property by counties :
Daiulus UIUIO
qtou a\7ni
.Nonmtiu , 74,0-0
Ua * 71.5'4
Itlulmrdson i'afliil
Washington 2u.U7 :
Dodge n.455
tlurt , uVM
Total. . , .W17VJ8
In his annual message Governor Izurd al
luded to the progress of work on the capltol ,
which was rapidly approaching completion
The progress of the territorial surveys wa
spoken of and many other matters pertaining
to the needs of the territory referred to. The
territory had made considerable progress
during the year. The boundaries of the
counties were established. A road from
Omaha to Fort Kearney was surveyed ami
its construction commenced. The second
session of iho legislature also provided the
publlo school system of the territory , A cen
sus of the population was taken showing
10,710 inhabitants.
Tliu Third Sfssluu ,
The thlra session of the legislature con
vened ou January 5 , 1SST. The territorial
machinery had now been In operation two entire -
tire years and matters seemed to bo passing
nlong smoothly , The following excerpt from
Governor Izard's raossngo Is quoted as giving
n fair Idea of the condition of the embryo
state at that time :
"Wo can boast of a population of moro than
ir.,000 Intelligent , orderly and energetic citi
zens , who can challenge comparison with
these of any state or territory of the union ;
of nourishing towns and prosperous cltios.
with their handsome church edifices , well
regulated schools and busy streets ; of our
broad and beautiful prnlrlcs thlckl.v doltod
with comfortable farm houses und well tilled
Holds , yielding tholr rich treasures to the
hand of peaceful industry , The appreciation
nf property far oxcocds the expectations of
the most sanguine. Business lots upon the
streets where the wild grass still llourishos
nro readily commanding from > 500 to' 53,000
each ; lands adjacent to our most prosperous
towns soil readily nt from $30 to f 100 per
acre ; credit is almost unknown In our busi
ness circles ; no cltiion oppressed by debt or
crippled In his energies by the hand of
penury and wnnt , but all , encouraged oy the
success of the past , lojk forward to the fu
ture with eager hope and bright anticipa
tion. "
It was during this , the third , session that
the llrst attempt to remove the cjpltol from
Omaha was frustrated by the governor. A
bill was passed locating the capltol at
"Douglas , " an Imaginary rlty In an Imagin
ary county. Governor Izard promptly vetoed
thu hill.
The most striking piece of legislation ac
complished nt thu third session was the passage -
ago of the bill repealing the criminal code ,
leaving tin territory without a law against
crime or misdemeanor of any character. As
a plcco of lll-advlsod legislation , it stands
without a parallel In the history of the
state. It may bo said to the personal credit
of Governor Izard that bo vetoed the bill but
the legislatuto passed the bill over his voto.
The Third Session.
When the third territorial assembly con
vened the following gentlemen were mem
bers of the council : A. F. Salisbury , Goorco
L. Miller , S. E. Kogora. L. L. Brown , presi
dent ; James A. Allen , A. II. Bradford ,
Mills S. Reeves. S. M. Klrkpatrick , H. W.
Furnas , William Clanov , Charles McDonald ,
Jacob Safford und A.V. . Puett. The house
roster contained the following names :
I. L. Glbbs , spoaiter ; A. F. Cromwell , N. J.
Sharp , W. A. Flunoy , I. C. Lawrence , S. A.
Chambers , H P. Downs , I. D. White , U. C.
Howies , J. C. Ellis. W. B. Hall ,
W. M. Slaughter , H. C. Wolph , Brood Cole ,
J. A. Cardwcll , S. A. Strickland , Joseph
Dyson , C. T. Hollowny , John Finnt-y. W. E.
Moore , II. Johnson , J. Stclnbereor , M. Mtir-
uliy , It. Klmuall , Jonas Scely , A. .1. Hans-
coui , George Armsironp , Silas E. Seelev , J.
A. Stewart , William Connor , E. P. Stout
ana G. M. Chllcot.
Among Iho ubovo names that of U. W.
Furnas appears for the llrst time promi
nently In Nebraska affairs. Ho was after
wards governor of the stixtoand ; Is now secio
tor.v of the State Board of Agriculture und
oftlelally connected with many national organ
izations. Cburles McDonald is a merchant , at
North Platte aud n brolher-iu-law of
Governor Bovd. A. J. Hunscom has long
since retired fiom active buslocss to enjoy
his wealth , as has also George Armstrong.
Hov. W. M. Slaughter and General Silas A.
Strickland afterwards achieved deserved
prominence , the former In the pulpit and the
latter in politics and nt Iho bar. Richard
Kimball becnmo a prosperous ice dealer und
wus accidentally killed some years slnco ut
Council Bluffs. .1. A. Stewart Is still a hard
ware merchant nt Blair. The others are
deud or have dropped out of public notice.
Thu Fourth Session.
Dr. George L. Miller was the president of
the council ut the lourth session of iho ter
ritorial assembly. The bouso that session
contained many numrs already fumlliar to
the pcoplo of the territory or which have
since become well known. Among them
were the following : J. Sterling MorlouV. .
B. Hall. D. B. nobb , J. H. Decker ( speaker ) ,
T. M. Marquetto. Silas A. Strickland. Amos
Gates , George Armstrong , A. J. Pouploton ,
W. U. Thrall , J. W. Paddock , J. S. Stewart ,
P. C. Sullivan and William B. Beck.
The session convened on December 8 , 18.17.
It was destined to be a memorable ono in the
annuls of the territory , for it wus during this
session that tbo majority of tbo members
withdrew and attempted to sot up a now
government at Florence. The division of
the legislature resulted from a renewal of
the attempt to remove the capitol from
Omaha. The seceding branch wont through
Iho formality of holding daily sessions at
Florence , but they accoinnlished nothing in
the way of legislation. The minority branch
mot at Omaha from day to day until' the ses
sion expired on January 10 , by limitation of
law.
law.A
A few months later , on Aucust 14 , Governor -
ornor Hlchardson , who had succeeded Gov
ernor Izard , issued a proclamation calling Ihp
legislature together in si)3cial session. The
special session convened on September 21.
The luoit notable feature of the special ses
sion , which is known as the fifth territorial
loclslaturo , was the lirst attempt to abolish
slavery iu the territory. Ou November 1
Representative Daily introduced u bill "To
abolish slavery In the territory of Nebraska. "
It was referred to a special committee from
which two reports were submitted , the ma
jority report being favorable and tun minor
ity report the reverse. After a very brief
discussion the bill was laid upon tbo table
and was not taken up again during the ses
sion.
Tim Fifth .Session.
At the fifth session the seat of Charles Mc
Donald as councilor from Hlchardson arid
Pawnee was contested by E. S. Dundy , now
judge of the United St'ites district court.
George L. Miller , W. E. Moore aud John H.
Porter , afterwords police judge and now a
resident of Los Angeles , Onl. , were tuo
councilors from Douglas county. Judge
Gcnrgo W. Donne represented the counties of
Burt , Washington and Sarpv. In the .house
Samuel G. Dally , afterwards delegate In con-
gresc. entered public llfo as representative
of Nornnha and Johnson counties. The late
Judge O. P. Mason was there from Otoo , T.
M. Manjuotto from Cass aud the late Clinton
Brlggs nnd William A. Gwyer were in the
delegation from Douglas. The late John
Taffo , afterwards n congressman from Ne
braska , occupied the seat for Dakota , Cedar
and L'euu Qul Court counties. E. II , Itocors
of Fremont , who died while consul tq'Vera
Cruz In the latter part of the seventies , was
dooriioopcr of the houso.
Sfcrtfturv and twice Acting Governor Cum-
ing died March m , and July 12 J , Sterling
Morton became secretary of the torritory.
The Sixth Session.
The sixth session convened Docorabor 5 ,
I8.W , with but few changes In the council'E.
A. Alton who Is occasionally seen upon our
streets , but now llvo.i elsewhere , was assist
ant clerk. In the house many familiar
names appear. Joseph E , Burbank , 'after
wards Indian trader at Omaha agency , came
from lUchardson. Alex. Bain , now em
ployed In the government printing oftlco at
Washington , was one of the renresoniaUv'os
of O cc. William S. Latta , now of Tckamah ,
nnd Chief Justice Maxwell , now of Dodge ,
were lu the delegation from Cass ilnd Lan'i
caster. T. M. Marnuotto was again In his
seat. General Strickland represented Sarpy.
Douglas sent A. J , Hanscom , D. D , Bildon ,
the late Harrison Johnson , Goorpo F. Ken
nedy , Judge Gcorgs B. Lake nud A. B.
Malcomb. General Strickland wa elected
speaker , JamesV. . Moore , now env
ployed In the bureau of prlntlnfe
nnd engraving in Washington , then a resi
dent of Nebraska City , was chief clerk.
In the interim between the Hfth and sixth
so&sions Governor Klehardson had resigned
and had been succeeded by Samuel W.
BlaoK , Governor Black delivered his first
message to the sixth session on December 0.
The following facts gleaned from the message -
sago will bo of interest ns showing the
progress of the territory : "This territory
was organized on May 30 , 1651 , and the llm
legislature convened on January 111 ,
lb.r > 5. In that body eight ' coun
ties were roprosoutoJ. Now , at
the expiration of live years , twonty-threo
counties have their representatives in the
legislature and thirty-five counties huvo been
fully organized or their boundaries deilned
by low. The lands In Nebraska actually
surveyed amount to 8,851.70S acres. The
surveys have bseu extended from the divid
ing line between Kansas and Nebraska , on
the fortieth parallel , to the latitude of 43
degrees , 61 minutes , while the average depth
from the Missouri river is about 140 miles , "
The sixth legislature wus noted by the ro-
nownl of the efforts to nboVUh the Institution
of slavery and by the flrst attempt to form n
state government. Strictly speaking , No *
braska was not n slave territory , 'i'lio Dill
creeling the territories of , Kansas nnd No-
brasxa loft the slavery question to the de
cision of the settlors' . The contest was an
exceedingly bitter ono lu Kans.is , but , owing
to her geographical location , Nebraska did
notolTcr a promising field for ( no extension
of slavery. The first ofHcIal census , taken
In 1S51 , revealed the presence of but thirteen
slaves. Most of them wcro brought to thu
territory by stnto ofllclnls coming from slave
states , nnd It ts probably the fact that their
servitude was almost voluntary
The failure of tbo first attempt to abollih
slavery has already been notod. The friends
of the movement did not long remain idle.
On December 7 , 1850 , William II. Taylor In
troduced In the council a bill "to abolish nud
prohibit slavery or Involuntary servitude la
tbo territory of Nebraska , " It was referred
to a special committed consisting of William
II. Taylor , George W. D6ano ' and George L.
Miller. On December 12 two reports were
submitted from that committee , ono by Mr.
Taylor fuvorlup the bill und the other by
Dr. Miller opposing It ,
The bill made Its appearance In the house
on December 7 , being presented by Mr. T. M.
Mnrqiictto. On the following day nn at
tempt was made to lay the bill on lha table ,
but It was unsuccessful. Then a motion to
reject the bill was defeated by n vote of 21 to
11. On December 10 the measure was taken
up by the commlttoo of the whole house and
amended so ns to further prohibit the uxtcn-
tlon of slavery in the territory without ef
fecting the status of the slaves already hold.
After an unsuccessful attempt to strike
out the enacting clause the bill was en
grossed and oassod to a third reading.
The bill came up for Its final
ptmngo on December 17. The opponents of
the measu.'c resorted to every form of par
liamentary strategy to avoid a vote but tnolr
efforts were unavailing. , The bill passed by
a vote of 21 to 17.
In th'j council of December 00 , considera
tion of the bill was Indefinitely postponed ,
nud for a time the friends tof the measure bo-
lloved that their efforts to make Nebraska n
frco territory were to bo unsuccessful. On
Djcombor ! i'J ' Mr. Little offered n Joint resolu
tion for tbo prohibition of slavery lu Ne
braska. It wus objected to on the ground
that the whole matter had been disposed ot
by indefinite postponement. The chair do-
ciacd the point of order not well taken. The
( resolution was then put in the form of a bill
uud passed. In its now form it was re
turned to the house whcro It was amended
and passed. On January 3 , 1800 , the council
concurred in the amendments nnd the bill
was finally sent to the governor. On Janu
ary U GoveruCV Black raturncd the bill with
n voto. Thus tbo second attempt to make
Nebraska u free territory was n tailuro.
Another notable featUre ot the sixth ses
sion was the first attempt td raise Nebraska
to the dignity of statehood. < In his message
Governor Black had discussed the question
of statehood , but gave It'ast ' his opinion thai
the population of thu territory was hardly
largo enough. In spite of the governor's
views , however , the legislature at this ses
sion passed a bill entitled "An act to frame
a constitution and state government for the
state of Nebraska. " Thoi ( proposition em
bodied iu lha bill was submitted to a vote of
the people on March 5 , 1850 , and was re
jected by n vote of 2,372 td C(09i. (
The Seventh Hcinion.
The seventh session of tha legislature con
vened on December ! ! 1803..Governor Black's
annual mossagc indicated'tbat | at that time
the territorial debt amountcd'.to $50,000. Va
rious manors ot Importnaco to the develop
ment of the territory wor idiscussed in the
messoRO. It was in this : sosslon"-that the
slavery question received 1)8 ilnal quietus as
far as'Nebraska was concqrne'd. . On Deceim
her 7 John M. Tbayer intrwuced bill in the
council "to abolish slavdfyj nnd- involuntary
servitude in the territory " The sarao bill
had bocn Introduced Inno house the day
previous by Representative M.ithlu3. Both
houses passed the bill butfar a second lime
Governor Black interposed a veto. But the
sentiment in favor of Abolition had grown
rapidly in tbo shortlimo that had intervened
between the sixtn and seventh sessions and
the friends of the measure had no difficulty
iu passing the bill over the veto.
In tlio seventh session the council was
composed of the following members :
Douglas , John M. Thayer , David D. Bclden ,
W. A. Little ; Dakota , . Dlxon , Lean qul
Court , John Taffa : Washington , John A.
Untbank ; Sarpy , Silas A. Strickland ; Cass ,
T. M. Marquette ; Otoe , William H. Taylor ,
John B. Bennett ; Nemaba and Johneon , T.
W. Tlpton ; Richardson and Pawnee , E. S.
Dundy ; Cass , Otoe uud Dodge , Samuel H.
Elbert ; Burt , Washington and Sarpy , John
Q. Goss. W. H. Taylor was president , E. P.
Browstor chief clerk , Daniel H. Wneolor
assistant clerk , W. H. James sorgoant-at-
nrmi , and D. O. Slader doorkeeper.
In the house the folio wing names after
ward prominent ID state affairs appear : F. A.
FiRdol , James Hacker , Illrum W. Parker ,
Amos Gates , John G. Kedick , S. A. Lowe ,
Joel T. Griflln , Henry Grebe and Ezra Mil-
lard. George L. Soy bolt Was chief clerk , S.
D. Bangs , assistant clerk , and \V. A. Pollock
doorkeeper.
The Seventh council contained an array of
talent which marks uas ouo of the remark
able bodies ol the territory. John M. Tbayor
was alterwards JNubfanka's only major
general of volunteers , ono of the llrst United
States senators , and latorjgovernor ofVy -
omlng aud governor of Nebraska. John
Taffo served two terms In congress und died
nt North Platte as receiver of the laud ofllce.
Silas A. Strickland distinguished himself in
the war of the rebellion , rifclng to the rank of
brevet brisadler general and \vas afterwards
honored with several Important publlo
ofilcos. T. W. Tipton was General Thavor's
colleague In the United States sonuto. E. S.
Dundy has held several Important ofllcos ,
has frequently been a prominent candidate
for United States senator and for twenty-
four years has presided over the United
States district court. John J. Goss was the
commissary of the Second Nebraska cavalry.
Ho continues to llvo at UOllovuo and Is engaged -
gagod lu tbo practice of law. Mr. D. II.
Wheeler , the assistant clerk , has boon a
prominent liguru In public affairs from the
day ho entered upon his duties until now and
resides In Omaha.
The lt i iibllcuu IluRlmo.
The your 1801 inaugurated a now era in
the history of js'obraska. The territory had
passed through the critical period of its ex-
Istcnco und was now on the highway of pros
perity. The national government bad passed
into the hands of the republican party unit
the political revolution had" passed to No-
brrska. Alvln Saundura 'of Iowa had boon
appointed governor by 'President Lincoln ,
nnd A. S. Paddock , secrptai-y ,
Although appointed soon after President
Lincoln was inaugurated . , , j ovornor Sauu-
dors did not assume tho'iUilles of the odlco
until May. in tbo moaruliijo the war of the
rnbelllon had been Inaugurated by tbo llring
upon Fort Sumptor. In re : ponso to the call
for volunteers Governor Saunders issued n
proclamation asking for iho formation of
companies. The rospohso' Jwas immediate ,
and although at that , time Nebraska -
braska had a population of but
! 10,000 , the territory furnlsjiud Hno7 men to
light for the preservation of Iho union. These
soldiers composed at least , ono-thlrd of the
able-bodied inon ol tlio territory , and consequently
quently Nebraska furnished moro troops In
proportion to her population than many of
the loyal states of the north. The record of
the Nebraska troops In the war forms ono of
the brightest pages of her history.
Tim Klglith &a lnn.
The eighth session of the territorial legis
lature added Its endorsement to the cause of
the union by the adoption of a resolution to
the following offset :
"That this body doom It its first duty to
renew its vows of nllcglunca to tbo federal
government and to realllrm its dovoilou
to the constitution : th'ut wo regard
secession and nulliflcutlou us treason
the general government' that wo on-
darso the declaration qf congress that the
war is not waged in any spirit of oppression
or purpose of Interfering with the rights of
established Institutions , but to defend and
maintain the supremacy of the constitution ;
that whenever an American citizen uu-
sheathes his sword or shoulders bis musket
ho shall leave tuo spoilsman , the partisan
and the politician In a nameless crave behind
him. "
The adoption of the above resolutions loft
no doubt as to Nebraska's po luon in tbo
great struggle for tbo preservation of the
union. Nor did Nebraska ston hero. She
raised troops , not only lor the defense of her
frontier but for service against the nrmlc.t of
the confederacy. The history of Nebraska's
pnrt In tlio war Is plnncoil nt fanner on.
John Taffo WAS president of the council nt
the eighth session , It. W. Furnas wns
chief clerk , WlllUm Lohmor , still a resident
of Omaha , assistant clorKJ.V. ; . Ctninnan ,
now doccaso'3 , afterwards n leading republi
can politician of Iowa and editor of Iho
Council B lulls Nonparlol , was sorgennt-nt-
arms , and A. J. Warner doorkeeper. There
were few changes In the personnel of Iho
liouso. F. W. Snpp of Douglas , John Me-
Phcrson of Nomana , O. Blftuchard of St > rny ,
were the now names nnd S. M. Klrkpatrlck
appeared again for Cnss.Otoo nnd Dodgo.
John McPherson bocn mo n prominent citizen
lu later ycatfe nnd Is now enjoying a vigorous
old ago nt Republican City , which town ho
founded In ISOU or IbTO.
In the house , A. D. Jones was speaker and
George L. So.rbolt , afterwards and now n
postoftlco inspector , was chief clork. Dr. A.
S. Hollldny of Brownvlllo , David Butler of
Pawnee , John H. Croxlon nnd Dr. W , B ,
Lursh of Otoe , Nathan Blattcly of Ou < jo.
Henry T. Clarke of Sarpy , Joel T. Oriflln ,
A. D. Jones , O. F , Davis und Aaron Calm of
Douglas , John S. Bowen nnd E. A.
Allen of Washington nud S. T.
Learning of Burt , nro the familiar
names to iho present generation. David
Butler , afterwards governor. N. B. Larsh ,
.Tool T. Griniti , O. F. Davis and John S.
Bowen have irene the way of all the cailh.
Dr. Hollldny rotimlns , n resident of Brown
villc , Colonel John H. Craxton is a demo
cratic politician In Denver , Henry T. Clarice
Is a prominent capitalist In Omaha , Aaron
Calm Is a rich retired merchant of this city ,
and Captain Learning still clings to the hope
that Djcatur , where ho makes his homo , will
bo n metropolis.
Iu his message to the ninth legislature ,
which convened on January 7 , lbH ( , Gov
ernor Saunders referred at length to thn prosperous -
porous condition ot the torritory. Ho also
nald a deserved tribute to the courage aud
high patriotism of the Nebraska volunteers
nnd recommended legislation to rollovo Iho
necessities of the widows and urubans of
those who died in defense of the ( la ? . A
resolution endorsing nud upholding Presi
dent Lincoln's oiLanclpallon proclamation
was adopted. '
The tenth and eleventh sessions furnished
but little of Interest to the readers of these
columns. The last session authorized the
people of the territory to vote upon the ques
tion of statehood.
Among the prominent names of the ninth
session were T. M. Marquette , J. E. Doom ,
afterwards known to fatno ns Lim
ber Jim Doom , O. P. Mason , David
Butler. John H , Porter , John McCormicir ,
E. A.Allen , president , and Frank Welch. In
the house were George B. Lake , speaker ; B.
E. B. Kennedy , Henry Grebe , F. Henncr ,
C. W. Seymour , John i' . Becker. N. S.
Porter , John Evans , J. C. Lincoln , Amos
Gales , J. W. Chapman , G.V. . Falrbrolbcr
mid C. G. Dorsoy. The reader will notice
several names already prominent in affairs.
John McCormick died in Omaha some years
since , leaving n haudsomo fortuno. Frank
Welch also deceased , served Nebraska in
congress nearly two terms. B. E. B. Knn-
ncdy continues to practice law in this city ,
having held many ofllccs , including that of
mayor. Dr. F. Rentier became a leading
German politician and resides now as then
nt Nebraska City , where C. W. Seymour
will also bo found practicing law. John
P. Becker recently passed uwavotColurabus
whore ho lived ut the time of his election to
the legislature. N. S. Porter held various
publlo ofllccs and is now connected with the
Indian service ; J. C. Lincoln was a loading
democrat and citizen of Hichardson county
for many years. G. W. Falrbrothor was
editor of the Brownvlllo Advertiser and re
sides iu Nomaha County now ; has latoU
boon ono of the deputy oil Inspectors. C.
G. Dorsoy resides now in Beatrice. He has
likewise bceu frequently called upon to ac
cept responsible positions under the federal ,
state and local covcrnmeuts.
In the tenth session several now names ,
afterwards well knowu , appear In the roster
of members. Thomas L. Griffey was n mem
ber of the council. Ho died recently nt
Sioux City , where ho wus eugaued in prao
ticing law. O. P. Mason was presi
dent of the council. S. M. Klrkpat
rlck was speaker of the boiiso.
Charles F. Walther , a prominent
Gorman leadoraftor\vards well known ; Mar
tin Langdou , now a practicing attorney in
Omaha ; Charles M. Couoyer , present secre
tary of the Ornuhn Board of Education ;
Charles H. Brown , the well known aUornoy
of this cityV. ; . N. McCandllsh , a real estate
agent of Omaha ; Guy C. Barnum , John Cad-
man at.d John D. Ncllch , all won their first
political spurs in the election preceding this
session. John Taffo was chief clerk and
Mitchell Fleming doorueopor.
The eleventh session of the territorial
legislature was mauo up of the following
members : Council T. L. Griffoy , E. A.
Allen , B. E. B. Kennedy , J. U. Porter , J.
Albertson , J. S. Miller. J. W. Chapman ,
John Bennett , O. P. Mason ( president ) , A.
S. Hollidny , O. P. Buyne , J. N. McCaslund.
The house L. Crounsc , William Porchen , J.
D. Ramsey , John Jay Hart , John It. Butler ,
W. B. Phelps , John Green , W. A. Pollack ,
John H. Maxou , James Thorn , M. S. Camp
bell , Albert Tuxbury , James A. Gllmoro ,
Joseph Arnold , W. F. Chupln , Samuel Max
well , Benjamin Austin. James Robinson ,
John Cudman , Marcus Brush , T. H. Robin
son , N. P. Letter , Georeo B. Luke , J. W.
Paddock. C. H. Brown. Fred Drexel , J. G.
Mogeath , J. G. Smith , Guy C. Burnum , E. H.
Clark , Charles Elsloy , Cornelius O'Connor.
U. H. Wilbur , L. E. Jones. Jnmos G.
Megcuth was elected speaker , George May
chlof clerk , E. S. Toulo assistant clerk ,
Chaster Lusksergeant-at-Drm ? , uud Dennis
Dugan doorkeeper.
The 1list Territorial Legislature.
The twelfth and last session of the terri
torial legislature was hold January 10 , 1807
In Omaha nud Us members wura as follows :
Council Barnabas Bates , John D. Nollgb ,
George W. Doano , W. Baumor , E. H.
Rogers , F. K. Frcomuu , Luwfon Sheldon ,
James E. Doom , M. S. Reeves , W. A. Presson
nnd A. S. Stewart. The officers were : E.
H. Racers , president ; O. B. Howett , chlof
clerk ; L. L. HolbrooK , assistant clerk ; E. A.
Klrkpatrlck , scrgoant-at- , and John
Cadmandoorkeeper. House-John It. Butler ,
G. Duorfoldt.J. M. DUVCPSP , Joseph T. Hello ,
George Crow , William Daily. Lowls Wald-
tor , C. F. Huywood , W. M. Hicklln , J. H.
Evans , A. F. Hurvoy , D. M. Andersen , D.
Cole , W. F. Chnpln. Isaac Wiles , A. B. Fuller -
lor , A. W. Gray , E. H. Hardonboruor , E. L.
Clark , George N. Crawford , A. W. Trumble ,
Georco W. Frost , D. S. Parmaleo , Dr. Hnr-
voy Link , S. M. Curran , E. P. Child , J. E.
Dorsoy , John E. Kelley , L. J. Abbott , Amasn
S. vVarwlcit , Daniel Duggnn , John Walllcbs ,
Hugh M. Ross , Martin Stuofor nnd William
Bauer. SV. F. Chapln was Bpoanor , J. S.
Bowen , ohlof clerk ; W. B. Browster. assist
ant clerk ; J , M. Howard , sergoaat-at-arms.
icy i JA 1.1 TV nr.Foiu ; TIII ; IA.\V.
Stnto Motto IiiKjilrnil Hy u Sentiment ol
thu Immortal Clmrlr * Sum HIT.
WtitUn fur 'J'lit lire l > u liun. John GMuple ,
Flnl Auditor of State. }
Ou May SO , 1851 , the organic act of con
gress was approved which opened the gov
ernment IKH-JK and gave to the territory Its
rights under the name of Nebraska. At
that tlino the territory of Nobrastca em
braced all tbo country from tbo fortlotn
parallel to the British line aud from tlio
Missouri river to tbo summit of the Rooky
mountains , comprising 851,658 fcquare miles ,
or four times its present area. But the territory
ritory did not long retain the wide bound
aries llrst assigned , successful encroach-
men ts having boon made in building up now
territories , which took from us the whole of
the mountainous district and loft the terri
tory us at present constituted.
The growth of the territory received a now
impetUB during iho years 185Uand 18(50 ( , when
the Plko's Peak expedition sot lu by hunters
for gold. Returning from a bootluts Journey ,
disappointed where expectations were not
realized , numbers of thu gold seekers settled
in the vulloy along tbo way and coined from
the soil the gold they had failed to find In the
mouutuins , Iu tl.o meantime prosperous
towns and cities had been springing up along
the Missouri rlvor aud in the eastern portion
of tha territory and It only remained to build
un a railroad system to complete its develop
ment , Congress buvini ; taken favorable
action In 1800 , tha Union Paclllu Railway
company was organized aud in iho spring of
1800 work commenced upon that national
highway which gave n through line of rail
way from ocean to ocean ,
Nebraska was twice refused admission to
the sisterhood of Mate * by thovoto of Presi
dent Andrew Johnson , upon the grounds , nt
ho alleged , that the population was not largo
enough to form a stale government. When ,
for the second time , the president's vote
was made known , a storm of dlisntlsfactlon
nrosa uud the bill was pn&sod over
the vote by a largo majority in the
house of representatives ; but when n
similar attempt was made In the senate ono
vote \\m laokmir. Hon. Chariot Sunnier
oppoiud the passazo of tlio bill because , ns
ho alleged , it contulucd no provision for
"equality before the law. " Ho would , how
ever , vote for the bill with the following pro
vision udded : "Except upon iho fundamental
condition that within the state ot Nebraska
no denial of tbo electoral franchtse , or anv
other right , to any person by reason of race
or color ( except Indians not taxed ) nnd upon
the further fundamental condition that the
legislature of said state by n solemn public
act shall declare the as lout of the stutu lo
tbo said fundamental condition. "
in order to meet the requirements of
Senator Sumuur the territorial legislature
was convened by special proclamation aud
thu fundamental conditions ratlllod nud the
result transmitted to congress , upon receipt
of which thn scnuto passed thu bill over Iho
president's voto. It wus this incident that
caused the siato to adopt for its motto
"Equallt- before the law. " Nebraska was
the llrst stoto to extend the elective fran
chise to the colored man.
EDUCATION1.
Llburnl Provision Mitfln lor the Support of
the Public HuhoolH.
Nebraska Is largely indebted to the gener
osity of the national govern ment for Iho secure -
cure foundation upon which the splcr.dld
public school system of tbo state bus boon
roared.
By means of nets of congress the state received -
coivod a toial of 2,013,050 acres of publlo land
for life support of tbo common schools. In
addition there were 40,080 acres granted for
university purposes and UD.OOO acres for the
support of iho agricultural college. Up to
und Including 1&70 , 72,7'iS acres wcro bold at
nn average ol fS.'J.'l per aero.
The report of the slate superintendent of
public Instruction for l&iS shows that the
number of children of school ago in ' Ne
braska in Juno , IbOS , was 20'J5U. The state
apportionment for that voar amounted to $14.-
001.50.
Tbo school population of Omaha today
exceeds that of the onttro state in 1SGS.
The following year thu number of children
increased to U'tHV ! ) and tha amount appor
tioned to f77'J'JJ. The mariied increase in
the state fund distributed was duo to the
demand for public school lands aud tna levy
of n direct tux of 2 mills.
The , whole amount distributed In 1870 was
$138,841.32. Of this sum , $84,123 was derived
from the 2 mill tax.
Ouly a small proportion of the receipts
from school land sales was placed In the
annual apportionment fund. A permanent
fund was erentcil , iho Interest from which ,
added to the amounts received from school
land rentals , and a moderate tax make up
the bulu of the state school fund now aunu
ally distributed among the counties.
By careful husbanding Iho municipal dona
tion of the general government , the state had
at iho close of IS'JJ the following amounts In
the general school funds :
Permanent school fund fS22 , ' ' < U.SJ
Temporary school fund U'AKI.MK )
Temporary university fund 47Tb-.li."i
Aorlcultural college endowment. . . . 11HI-.71
During IS'JO the receipts from school lands
sold wcro principal , ? 5V9 ! , < T.20.U ! ; school lands
sold and leased , intcrost , fOOS,5011.113 , and a
fraction over f 10U.OUO was added to the uni
versity , agricultural college aid normal
school iunds , all derived from laud Bales uud
leases.
Tbo amount apportioned to the various
counties in 1880 and I89J ugurogated Jl.HI- !
35:1.01 : , against fU.CUl.Ji' ' ) iu the year 1S .
From n total of 0 , ° .VI children ofschool
ago In Nebraska In IStlS the number has
grown to the mugnlllcent total of 41)0,000 ) in
1807 , witb an actual enrollment iu the public
schools alone of 'Jf.0,531.
Concerning the progrcsj of Iho Union Pa-
cillo the Message gives somj iulorc.'iilng In
formation. At -beginning of 18iii ) thu
builders thought if the road reached Fort
Kearney , a distance of 100 miles from
Omaha , at the close of that year they would
have boon ngrooubly surprised. As a matter
of fact the road was completed to the 305th
mlle post , boven miles beyond North Plutte ,
and four regular trains were running between
that station and Omaha bnforo the llrst of
the year. Two hundred and sixty-two miles
of track were completed In IbOO , and the
roadway was graded twonty-llvo mlles be
yond North Platte und the main line doli-
nitoly located to tlio mountains. "It is cause
for Inlinito congratulation to every Ameri
can citizen , " says tbo Messngo , "that this
great enterprise , which is to unite two
oceans , and over which is to pass tbo com
merce of two hemispheres , Is rapidly approaching
preaching completion. To our own territory
it must prove an Inexhaustible source of
wealth. "
The report of Territorial Treasurer
Augustus Kouiilzo shows tbo receipts for the
year 18GO amounted to $33i5ii.iJl ! and the dis
bursements $ 'JU1,83 , leaving u cash balance
of 814,210.72.
The report of John Gllicsplo , territorial
auditor aud school commissioner , furnishes
many Instructive facts. The estimate of ap
propriation required to run the government
during the year 1807 foots up $ ll'J2r . During
iho preceding your $2,407 was paid out for
legislative expenses , $2,04' ) for ofllciul sal
aries , ? 2OCO on account of immigration
bureau , . ' ,018.10 for militia , flU for peniten
tiary , $ . ' ,5U'G7 ) for insane , and WO as bounty
on wolves and wild cats killed.
A bTATpMHST.
Showing tlio number of mllos. the assessed
valuation p r nlle , and vhe total ussensed
valuation of railroads in the state of Nebras
ka , as fintermlned by the ( Hutu Hoard of
Initialization May f , IB'Ji :
GBNES1SOFTIIKCONS
TLo Political anil Oonstltutioail Davelop *
inimt of Nebraska ,
FROM TERRITORY TO COMMONWEALTH
How NYbniskii , I'nrchmnd by tlio
Stntrs n I'nrt iif t.ouUlitimttiiliifil
Ktitlrlioml PtirMinnl to Art ut
, March 1. 1307.
On March 1 , ISOT , Nebraska was udmltlejl
Into the union upon equal [ oolitic wttli th
oriental commonwealths of the United btato ? ,
Whllo onturhiff upon the second quartoi ?
country of statehood , It will not bo nmls tj
loolc back upon her p.-ist career ntul to seek t $
discover how she uttatnod her present polity
Icnl and constliutlonnt position. CiovortU
incuts may ho created , but Institutions grow )
the roots must bo sought for banonlli lUd
trunk. An outllno of tlio iiolltlc.il uiul cent
sUlulioiml gimosls of Nebraska must , t tnkcl
it , begin almost us far back as the discovery1
of America. The recaption of Nebraskatutd
the union as n commonwealth can only bij
regarded as the turning paint lit u process at
political evolution , not as its bcvjlntilntr. Ami
noonouf iho forty-four commonwealths novf
comprised within the United States link
passed under more forini of govornmanl or
involved uioro pjlnts of constitutional law In
Its short history than thU. It Is trna thai
the first permanent whlto settlement wllhlq
her boundaries wus not made until IS 17 , uud
that In the sense of a people organized witluii
a given territory no commonwealth can o < i
suid to have- existed before 1887 , yet It If *
nevorthcluss important to trace the ohatioi |
lu the constitution of tlioio govoruinontal
authorities which have successively oioiS
clsod control over the laud itself.
With the realization of the importance ol
tlio discovery of America , all the loading
European power * , true to the commorelaH
pulley of the time , laid claims to oxolnslvr
sovereignty over all or portions of the nenJJ
continent. Their rights us against these ofi
iho aborigines did not trouble Ihomj they
assumed it to bo tholr duty to carry tUdf
torch of civlliz.uioi to all parts of tha lesl1
civilized world. Tholr rights as
these of one another occasioned inoro
culty and tbo theories advanced to Justify
the various claim ] were Irreconcilable. The
pope , ns ruprcscntatlvo of Uoa onourlb , issued
a bull appropriating the whole westarcf
hemisphere to the Catholic maosty ] of Spain.
England and Franco based their claims iipo :
tlio right of discovery and exploration. Th
smaller states rested upon still n thir
theory , namely , the rights given by occupa'
lion and settlement. It , was soon seen that )
Iho lust , wus the only true basis for acquiring
dominion over now lands , uud in reality
the claims of nil the powers
wore ilu illy settled accordingly *
In this division of spoils , that part of tha
continent now Included within the bounduriei
of Nebraska vvns Hecurod by Franco ns part
of the province ut Louisiana. If we Inquire
Into the constitutional form of tlio French
state ut thai time , wo will ilud that while the
people were probably conscious of tholr owd
sovereignty , the only political organization
was in iho absolute monarchy , the monarelt
exercising unlimited governmental power ,
'rue excrclbu of sovereignty , over Loulfcianii
wus thus vested in the French monarch alone
und nny person r.uttllng in that province )
would ' have uo political or legal rights other ,
tb'ati the French king chose to confer. The
transfer of that territory to Spain
by tbo secret treaty of Paris , feigned ,
November y , 170:2 : , merely moved tha
canter of government , train Versailles to
Madrid. The Spanish stutoresembled Franca
in political organization and tbo control of
the province continued to reside in the mod"
arch. The treaty of cession , it Is important
to note , has mivur been published BO that 11.
any ilulinillou of the boundaries was a $ '
tempted. It was not uuovvu to other powers.
The PiircliUKO of I.imlhl.uiu.
By the treaty of San Ildofonso , October I ,
1800 , Spain receded Louisiana to Franca ,
witnout dollultaly describing it oxcupt by
ruference to the document of 1703. Franco
was no longer under monarchy ; Napoleon
was at , iho Head of uffairs us ilr.nt consul. For
the lirat time , the domain now Included
within NourasK.1 name undc-rn constitutional
( orm of government. But for tha moment ,
this change was only nominal. The United
Status vlowcd with concern the treaty which
made powerful Franco its neighbor on the
west in place of Impotent Spain. Commisv
sionors duly .ippoiutcd by President Jefforioiv
llnally came to nil understanding with tho1
reprosontutivci of JMapoloon which ro.iultuii
in ttiu acquisition of Louisiana by lh < > united. .
Stales. Actual possession of the territory ,
'
had never passed t'rom Spain , A ? a const-
quono ! , Iho do facto government was trans- '
lorred directly from Spain to the United
Stales.
Tbo treaty ceding Louisiana was ratillud
by the United States October 21 , 1SU3. It
provides for the cusslon of "tbo coony : or
piovlncc of Louisiana with Uiu s.iuio exUmt'
thai it now has In the bunds of Hpuiu and
that it had when Franco possobsca It and
such as u ( mould be after the treaties subjo-
quently entered into between Spain and
other states. " The ox'.ont of the territory U
thus in no way deilned even by refers
enco to preceding treaties except us
to the eastern boundary. In this grunt was
Included the present territory of ttio slate o ,
Nebraska although a cloud may possibly still ;
huvo rested upon the tltlu to iho exuvuio
wotoru portion , The treaty Includes several -
oral stipulations ! u regard lo the njMeiejt ,
population. "Tho Inhabltaius of the codedl
territory Htiall bo incorporated into thu union
of the Unlttul Stutoj and admitted u soon ai
l > osslbU < , according to the principles of the
federal constitution , to iho enjoyment of all
the rights , advantages and Immunities or
citizens of the United Staled , and in tbo
meantime , maintained ami protected In tha
free enjoymuut of their liberty , property and
iho religion which they profess. " The
United Suites f urthor ugruo to execute ex
isting treaties between Spain and the In
dians until dissolved by mutual concent und
also to confer certain exclusive advantages
upon French aud Spanish ships for a period
of twelve years. AH compensation for tins
great suurillco on the part of Nupnieou , a
separata convention provided for Iho pay
ment by the United States ofuOOUOOOOirniici
us well us iho claims of otr citizens for debts
duo fiom French citizens 10 the amount of
20IOUUOO , ) franca , and it clso stipulated tha
inunncr In wliloli bonds for the payment of
HID same wcro to bo executed ,
The scruples of Jullorson as to iho consti
tutionality of iho treaty were awakened oven
boforu It wus bunt to the sonuto fur ratifica
tion , Theonly clause lu the federal consti
tution upon which the transaction could pos
sibly rest was that uruutlng the cxocutlvu
the iroaty-maUliiB power. If territory could
ho purchased by treaty , there would bo no
logical limit whatever to the power. Too
president and iictmtu might by treaty bind
the nation to any proportion when there
might be no possibility of gottlng tbo house
of representatives to ussi-nt , and such a
treaty would bo the suprumolaw of the land.
Jefferson saw all this and went so fur as to
draw up a constitutional amendment to loirs- !
Izt ! the arrangement , but Dually toolt the con-
Urination of tlio treaty by the senate und tbo
appropriation by congress of the monby
agreed upon UH approval of his courto uud
lut the mutter rost. The purchase of Louis
iana , though legitimate mid necessary , was
one of the greatest stretches of constitutional
Interpretation that has ever latiau pica , ( ts
justification llos in this fuel anil in this alouui
that the Btoio wus compelled to attain Its nat
ural geographic boundaries , \ \ liotUor or neb
wo adhere to nny doctrine of Inherent and III- !
ulionublo natural rights of individual min : , w6
may subscribe to the theory of natural rights
of thoilato. A most opt formulation of ttm
theory was made oy Giillutin at this vary
tmo. Il wrote : "To mo it would appeal
that thu Uultod Status lu a uutlou have ax ,