ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPA1GN PRODUCTION NOTE University of Illinois at Urbana-Champaign Library Brittle Books Project, 2014.COPYRIGHT NOTIFICATION In Public Domain. Published prior to 1923. This digital copy was made from the printed version held by the University of Illinois at Urbana-Champaign. It was made in compliance with copyright law. Prepared for the Brittle Books Project, Main Library, University of Illinois at Urbana-Champaign by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2014UNIVERSITY OF ILUNC L'HRARY AT URBaN/vcHAMPAIGN BOOKSTACKSLIBRARY Of THE UNIVERSITY Of ILLINOISEng hy Henry Tn-yfar Jr Chicago Illustrated History of Nebraska I THE , nstitutidn rocress TERRITORIAL SEAL WITH maps, -tables, views, portraits, biographies, and special articles Volume II 1907Illustrated History of Nebraska A HISTORY OF NEBRASKA FROM THE EARLIEST EXPLORATIONS OF THE TRANS-MISSISSIPPI REGION WITH STEEL ENGRAVINGS, PHOTOGRAVURES, COPPER PLATES, MAPS, AND TABLES BY J. sterling morton SUCCEEDED BY ALBERT WATKINS, Ph.B., LL.B., as editor-in-Chiep DR. GEORGE L. MILLER, associate editor Volume II LINCOLN JACOB NORTH & COMPANY 1907COPYRIGHT, 1906 BY THE WESTERN PUBLISHING AND ENGRAVING COMPANY ALL RIGHTS RESERVEDi °i! t, & : tv\ l 4 L v, a EDITORIAL STAFF J. STERLING MORTON succeeded by ALBERT WATKINS, Ph.B., LL.B., as Editor-in-Chief DR. GEORGE L. MILLER. . . . . . . Associate Editor CLARENCE SUMNER PAINE, . . . , . Managing Editor CONTRIBUTORS geology Erwin Hinckley Barbour, Ph.D., . . . . Lincoln, Nebraska Professor of Geology, University of Nebraska plant life Charles Edwin Bessey, LL.D., . . . . . . Lincoln, Nebraska Professor of Botany, University of Nebraska place of nebraska in american history Howard Walter Caldwell, Ph.B., A.M., . . . Lincoln, Nebraska Professor of American History and Politics, University of Nebraska the sociological peculiarities of the plains population George Elliott Howard/ Ph.D., . . . Lincoln, Nebraska Professor of Institutional History, University of Nebraska' the administration of justice innebraska Roscoe Pound, Ph.D., . " . . . . . Lincoln, Nebraska Dean of the College of Law, University of Nebraska meteorology Professor George A. Loveland, . . . . Lincoln, Nebraska Director of the U. S. Weather Bureau, University of Nebraska \ animal life Lawrence Bruner, B.Sc., . . . . Lincoln, Nebraska Professor of Entomology and Ornithology, University of Nebraska forestry Robert W. Furna!s, Former Governor of Nebraska. constitutional history Jay Amos Barrett, . 4 . . . Lincoln, Nebraska Curator and Librarian, Nebraska State Historical Society 784482vi. CONTRIBUTORS municipal history Addison E. Sheldon, A.M., ..... Lincoln, Nebraska Director of Field Work, Nebraska State Historical Society archeology Elmer Ellsworth Blacicman, ..... Lincoln, Nebraska Archeologist Nebraska State Historical Society banking and finance Henry W. Yates, . . . . . . . Omaha, Nebraska President Nebraska National Bank methodist episcopal church Rev. David Marquette, D.D., .... University Place, Nebraska Corresponding Secretary State Methodist Historical Society episcopal church Hon. James M. Wool worth, ..... Omaha, Nebraska Chancellor of the Episcopal Diocese of Nebraska catholic church-—omaha diocese Rev. Patrick F. McCarthy, ..... Omaha, Nebraska catholic church—lincoln diocese Rev. Michael A. Shine, . . . . . Lincoln, Nebraska Rector St. Theresa's Pro-Cathedral christian church Willis A. Baldwin, ...... Lincoln, Nebraska Corresponding Secretary, Nebraska Christian Missionary Society congregational church Rev. Harmon Bross, D.D., . . . . . Lincoln, Nebraska Superintendent of Congregational Home Missions for Nebraska, and Department Commander of Grand Army of the Republic . baptist church Rev. Austin W. Clark, ...... Omaha, Nebraska Baptist Church Historian for Nebraska, and Corresponding Secretary National Conference of Charities and Corrections lutheran church Luther M. Kuhns, D.D., . . . . . Omaha, Nebraska Secretary Luther League of America masonry Francis E. White, . . . . . . Omaha, Nebraska Grand Secretary A. F. and A. M. odd fellowship Hon. George L. Loomis, LL.B., . . . . Fremont, NebraskaCONTRIBUTORS vii reminiscences Hon. Jefferson H. Broady, . . . . Lincoln, Nebraska across the plains in 1860-1865 Captain Henry E. Palmer, ..... Omaha, Nebraska grand army of the republic Bradford P. Cook, ...... Lincoln, Nebraska Department Patriotic Instructor G. A. R. christian science in nebraska William Holman Jennings, ..... Lincoln, Nebraska Christian Science Publication Committee for the State of Nebraska presbyterian church Rev. James D. Kerr/ . . . . . Omaha, Nebraska union pacific railroad Gen. Grenville M. Dodge, ...... New York City the story of falki, war chief of the pawnees Hon. Hiram P. Bennet, ..... Denver, Colorado indian notes Melvin Randolph Gilmore, A.B., .... Bethany, Nebraska Assistant in Science and Curator of Museum, Cotner University nebraska state board of agriculture William R. Mellor, . . . . . Lincoln, Nebraska Secretary of the Board the elkhorn valley and the chicago and north-western r. r. John R. Buchanan, . . . • . . Waukesha, WisconsinEDITOR'S NOTE Though the text of this ^volume is composed of distinct topics without intimate cor- relation, yet they relate almost wholly to the territorial period. The story of the building of the Union Pacific railroad is of necessity similar in outline to the accounts of that great enterprise which have been many times written and in various forms. But, owing partly to the very distant point of view of their writers and partly to their neglect, all of these accounts lack many important local incidents and altogether the very important local col- oring which have been supplied here, and which are essential to an adequate history of the construction of the first highway of its class and magnitude in the world. Though much has been written by specialists about the origin and characteristics of the Indian tribes of the trans-Missouri plains, yet no connected or comprehensive history of them has as yet been published.. The story related in this volume, therefore, is not only new in the main, but it is, I think, unusually authentic and realistic, because it is based chiefly upon the experiences of men who actually lived with the Indians and who officially reported the result of their observations extending through a period of three-quarters of a century. Some heaviness in the narrative will, I trust, be excused on the explanation that the al- most vast amount of information, mostly new to the general public and all relevant to7 the purpose of the history, was necessarily condensed into small space. An hour's pe- rusal of this topic will leave the reader with an extensive knowledge of the location and career of the various aboriginal occupants of the Nebraska country—as to their relations with one another and with the encroaching whites. For the preservation of unity and for other good reasons, it is better that the body of the history—the naturally connected story—should be written by one hand. But there are obvious advantages in having distinctly separable topics treated by different persons. In the present volume this diverse treatment appears in the accounts of the various church organizations and fraternal societies which are written by men whose lives were part of the life of the institutions themselves. This close interrelation of the writers and their subjects lends peculiar vitality to their portrayal. The courses of the most important territorial wagon roads have been traced in almost tedious detail, perhaps, in a long footnote. It seemed quite worth while to thus recon- struct the lines of these famous roads for the sake of preservation, but this work will be of special interest to students and to the individual owners of the lands through which the highways ran. The great picture gallery of Nebraska which some day will be filled with portraits of her pioneers, largely reproductions of those which have been preserved in this history, will also contain an extensive map showing these pioneer roadways which mav easily be constructed from the data here given. ALBERT WATKINS.CONTENTS OF VOLUME II Chapter I Territorial Banking . . . . . ... 1-38 Chapter II Slavery in Nebraska ........ 39-71 Chapter III Building of the Pioneer Railway (Union Pacific), and territorial wagon roads 72-124 Chapter IV The Mormons in Nebraska . . . . . . 125-38 Chapter V Territorial Military History—Nebraska in the Civil war, campaigns against the Indians, intertrit^l wars, and military posts in the Nebraska country . 139-91 Chapter VI Indian occupation of the plains—Domestic tribes, origin, history and numbers; Emigrant tribes, numbers, territorial location and final reservations; Life and racial characteristics of domestic and emigrant tribes . . 192-262 Chapter VII Territorial Products . . . . . . . . 263-97 Chapter VIII Banking in Nebraska . . . . . . • 298-335 Chapter IX Territorial Press . .... 336-78 Chapter X Free Masonry . . . . . . . . 379-413 Chapter XI Independent Order of Odd Fellows 414-31 Chapter XII Baptist Church History . . . . 432-38xii < CONTENTS Chapter XIII Catholic Church, Omaha Diocese . .... 439~55 Chapter XIV Catholic Church, Lincoln Diocese . . .... 456-64 Chapter XV Christian (Disciples) Church ....... 465-74 Chapter XVI Christian Science Church . ..... . 475-80 Chapter XVII Congregational Church . . . . . . 481-507 Chapter XVIII Episcopal Church . . . . . . ... 508-15 Chapter XIX Lutheran Church . . . .... . . 516-21 Chapter XX Methodist Church . . . . . . . . . 522_54 Chapter XXI Presbyterian Church . . . . . • . 555"^ Chapter XXII biographical . . ... . . • • • . 5^7"^Q4.HISTORY OF NEBRASKA CHAPTER I TERRITORIAL BANKING NO SPECIFIC bank incorporation was granted by the 1st legislature, and only one bill1 for such a purpose was introduced during the session, the title of the proposed corporation being the "Territorial Bank of Nebraska." The strong bank sentiment which budded in the first, flowered in the second ses- sion. This first bill was laid on the table, on motion of Nuckolls, by the following vote: Ayes, Bennet, Bradford, Clark, Cowles, Jones, Nuckolls, and Rogers; nays, Folsom, Good- will, Mitchell, Richardson, Sharp; but on the same day Mitchell, who had voted with the minority, moved, against the rules, to recon- sider, and the bill was taken up and referred to the judiciary committee. That conservative committee amended the bill, presumably so as to make it unsuitable to the purposes of its friends, and by unanimous consent Goodwill withdrew it.2 The charter of the Western Exchange Fire and Marine Insurance Co., liberally construed, conferred full banking powers; and the charter of the Franklin Insurance Co., also granted at this session, squinted in the same direction. At the second session bank charter bills were introduced in the council as follows: By Goodwill, Territorial Bank of Nebraska, at 1 Council file No. 131. 2 Council Journal, 1st Ter. Sess., pp. 134, 135, 138, and 141. 8 Council Journal, 1st Ter. Sess., p. 72. 'House Journal, 2d Ter. Sess., p. 139. 5 This report, preceded by the comment of the Omaha Nebraskian, follows: "In looking over the minutes of the second legis- lative assembly, on file in the secretary's office, a few days since, we came across the following minority report made by Hon. J. Sterling Morton, to the House Omaha; by Cowles, Southern Bank of Ne- braska; by Mitchell, Bank of Florence; by Rogers, Nemaha Valley bank. In the house the following charters were introduced: By Campbell, Bank of Nebraska; by Decker, Platte Valley bank; by Bowen, Fontenelle Bank of Bellevue; by McDonald, Richardson County bank. In the council a bill to charter the Platte Valley bank was substituted for that of the Southern bank.3 The bill to char- ter the Richardson County bank was referred to a select committee consisting of William B. Hail, John C. Campbell, and J. Sterling Mor- ton.4 The majority—Hail and Campbell— recommended the passage of the bill, but with the name changed to "The Southern Bank of Nebraska," and with a new set of incorpor- ators, namely, Justus C. Lincoln, John A. Sin- gleton, Arthur W. McDonald, Abel D. Kirk, William E. Frazer, Neal J. Sharp, Charles McDonald, and Christian Bobst. Mr. Morton made a characteristic report to which in later years, after it "came true," he and other champions of honest banking pointed with justifiable pride.5 Of the councilmen, only Taylor G. Good- will and Alfred D. Jones, both of Douglas county, refused to vote for either of the char- of Representatives—of which he was a member— January 22, 1856. This report was, by the House, re- fused a place in the journal of its proceedings; it was however, preserved among the minutes kept by the chief clerk, and filed in the secretary's office, where it was fopnd as mentioned. As a bank charter is now pending in the legislature, we deem this a fit oppor- tunity to publish this report, premising that the prophecies therein contained have proven but too true. We commend it to the attention of the mem- bers of the present legislative assembly, and ask them to pause ere they inflict such a curse upon the terri- tory as the charter now under consideration.2 HISTORY OF NEBRASKA ters. Sharp of Richardson clouded his rec- ord for sound economic and moral judgment by voting for one of them—the Bank of Nebraska. Those with a clean score of nays in the house are Hagood1 and Laird of Cass, Hoover and Kirk of Richardson, Miller of Douglas, and Morton of Otoe. Buck of Cass, Cham- bers of Nemaha, and Riden of Otoe have only one aye each scored against them. Thus it may be said, fairly, that Cass, Nemaha, and Richardson counties, as represented in the " 'minority report " 'The select committee to whom was referred an act to incorporate the Southern Bank of Nebraska, have had the same under consideration and a major- ity have reported it back without amendment and recommend its passage. " 'But in duty to myself and the democratic party, of which I am a representative, I beg leave to submit the following minority report: " Thus far, I have opposed and voted against every bill granting banking privileges which has come before the House, and I have done so because I have been able to see neither the necessity nor the propri- ety of establishing and legalizing swindling powers in this young and flourishing territory. I regard the forty days just passing away as the advent-time of wild-cats into Nebraska, and I believe they will be remembered hereafter by the people of this territory as the forty days in which Nebraska committed finan- cial suicide. We have legislated into existence five banks, with power to issue six millions of rag money, and no one can prove either the necessity or the util- ity of such monied monstrosities in any country. On the other hand they are dangerous to the prosperity of the commonwealth at home, and ruinous to our credit and prosperity abroad. I had hoped that our democratic executive, (Izard), would, like Andrew Jackson, say, "No more banks!" take the responsi- bility upon himself and strangle every new-born wild cat with a veto gag. But in this, I, with many other democrats, have been sadly disappointed. I have therefore only one trifle of satisfaction left me, and that is to report back the bill providing for the incorporation of the Southern Bank of Nebraska, and recommend its rejection, its destruction and its final consignment to that oblivion where all the rest ought to have been. " 'Hoping for the best, but hoping against proba- bilities, I respectfully submit the above for your consideration. "'(Signed), "'J. Sterling Morton/" —(Nebraska City News, Nov. 6, 1858.) The house refused to receive the report by a vote of 11 to 12 (House Journal, p. 139) ; but McDonald afterward withdrew the bill (House Journal, p. 183). The record of the votes by which the other five char- ter bills were passed follows: Bank of Florence, in the council, ayes, Allen A. Bradford, Brown, Cowles, Evans, Kirkpatrick, Mitchell, Rogers—7; nays, Henry Bradford, Folsom, Goodwill, Jones, Richard- son, Sharp—6 (Council Journal, p. 72). The vote in the house was: Ayes, Beck, Boulware, Bowen, Campbell, Clancy, Davis, Decker, Hail, Harsh, Lari- house, stood against the perpetration of the folly and iniquity of the wildcat banks. Of the Douglas representatives, Dr. Miller stood alone in uncompromising opposition; but with Goodwill and Jones of the council standing equally firm, that county made a wholesome showing. Of the Otoe members, Morton stood entirely alone, though Riden yielded only in the case of the Bank of Nebraska. Morton began early and continued to the last frequently to stand alone in reference to social questions. This was a distinguishing quality mer, Moore, Rose, Salisbury—13; nays, Buck, Cham- bers, Finney, Gibson, Hagood, Hoover, Kirk, Laird, Miller, Morton, McDonald, Riden—12 (House Jour- nal, p. 114). Fontenelle Bank of Bellevue, council: Ayes, Al- len A. Bradford, Henry Bradford, Brown, Evans, Kirkpatrick, Mitchell, Richardson, Rogers—8; nays, Cowles, Folsom, Jones, Sharp—4 (Council Journal, p. 93). House: Ayes, Beck, Boulware, Bowen, Campbell, Clancv. Davis, Decker, Gibson, Hail, Harsh, Larimer, Moore, McDonald, Rose, Salisbury —15; nays, Buck, Chambers, Finney, Hagood, Hoo- ver, Kirk, Laird, Miller, Riden—9 (House Journal, p. 97). Bank of Nebraska, council vote: Ayes, Allen A. Bradford, Brown, Cowles, Evans, Kirkpatrick, Mit- chell, Richardson, Rogers, Sharp—9; nays, H. Brad- ford, Folsom, Goodwill, Jones—4 (Council Journal, p. 87). House: Ayes, Boulware, Bowen, Buck, Campbell, Clancy, Davis, Decker, Gibson, Hail, Harsh, Hare, Larimer, Moore, McDonald, Riden, Rose, Salisbury—17; nays, Beck, Chambers, Finney, Hagood, Hoover, Kirk, Laird, Miller, Morton—9 (House Journal, p. 79). Nemaha Valley bank, council: Ayes, Allen A. Bradford, Brown, Cowles, Evans, Kirkpatrick, Mit- chell, Richardson, Rogers—8; nays, Henry Bradford, Folsom, Goodwill, Jones, Sharp—5 (Council Journal, p. 72). House: Ayes, Beck, Boulware, Bowen, Campbell, Chambers, Clancy, Davis, Decker, Finney, Hail, Harsh, Larimer, Moore, McDonald, Rose, Sal- isbury—16; nays, Buck, Gibson, Hagood, Hoover, Kirk, Laird, Miller, Morton, Riden—9 (House Jour- nal, p. 114). Platte Valley bank, council vote: Ayes, Allen A. Bradford, Henry Bradford, Brown, Cowles, Evans, Folsom, Kirkpatrick, Mitchell, Richardson, Rogers— 10; nays, Goodwill, Jones, Sharp—3 (Council Jour- nal, p. 73). House: Ayes, Beck, Boulware, Bowen, Campbell, Clancy, Davis, Decker, Gibson, Hail, Harsh, Larimer, Moore, Rose, Salisbury—14; nays, Buck, Chambers, Finney, Hagood, Hoover, Kirk, Laird, Miller, Morton, McDonald, Riden—11 (House Journal, p. 114). xJohn McF. Hagood (see vol. 1, p. 277) was born in Todd county, Ky., in 1812, and died in Oct., 1885. He was married in 1840 to Permelia McFarland, and migrated to Illinois in 1847 and to Cass county, Neb., in 1854. In 1856 he was again married to Mary Catherine Brown, by whom he had seven children: Henry, Ellen, Louis, Oscar, Frederic, Kate, and An- drew. He enlisted in the Civil war as color ser- geant of Co. A, 1st Vol. Inf., and was mustered out as lieutenant.TERRITORIAL BANKING 3 of his character. It was the product of clear perception and courage. In these votes we have additional illustra- tion of the strong and peculiar Omaha in- fluence. Buck of Cass and Riden of Otoe, in the house, and Sharp of Richardson in the council voted against every charter but that of the Bank of Nebraska. Again, Chambers and Finney of Nemaha would have had a clean score if they had not yielded to "local interest" in voting for the Nemaha Valley charter. Half the vast sum of present day legislative villainies is due to this surrender to local greed and the consequent reciprocal con- spiracy of local interests. The commissioners or incorporators named in the charters in- cluded many of the most influential men of the territory.1 Many members of the legislature which granted these gratuities were among the incor- porators. Mitchell of the Bank of Florence lived at that place and was a member of the council; Bowen of the Bank of Fontenelle lived at its home, Bellevue, and was a mem- ber of the house; Richard Brown of the Ne- maha Valley bank represented Nemaha county in the council, and Bradford, Boulware, Camp- bell, and Hail of the Platte Valley bank rep- resented Otoe county in the house. While Richardson, the otherwise conservative leader of the council, proposed amendments calcu- lated to make the banks reasonably safe, yet, after they were rejected, he voted for the charters. He twice offered the following amendment to the charter of the Bank of Nebraska: 1For this list of names see p. 299. 2 Council Journal, 2d Ter. Sess., p. 53. 8 Ibid., p. 68. 4 Following is ,a copy of the charter of the Platte Valley bank: "Section 1. Be it enacted by the Council and House of Representatives of the territory of Ne- braska, That Joseph W. Coolidge, John C. Campbell, Hiram Joy, Stephen F. Nuckolls, John Boulware, Sen., Allen A. Bradford, William B. Hail, William Larimer, Jr., and Isaac L. Gibbs, their heirs and as- signs, are hereby appointed Commissioners and they or any five of them, are authorized to carry into effect, from and after the passage of this act, the establishment of a bank, to be styled and called the Platte Valley Bank, and to be located at Nebraska City, in Otoe county, Nebraska Territory, with a cap- ital stock of one hundred thousand dollars, which "Before going into operation, or issuing any bill, the said bank shall secure the bill- holders by a deposit with the auditor of the territory, United States stocks, or stocks of some of the states of the Union, at their par value in market, to the amount of one-third of what bills said bank may choose to issue; and on said stock being so deposited, the auditor shall countersign, if desired, so many of such bills as will amount to three times the amount of the stock so deposited; and no bill shall be issued by such bank but what shall be so countersigned."2 Councilman Dr. Henry Bradford curiously anticipated a standing provision of the present law governing national banks by offering the following amendment to the charter of the Bank of Florence: "The corporation shall hold no lands, tene- ments, or other real estate, except so much as may be necessary for the convenient transac- tion of its legitimate business, except the said lands, tenements, or other real estate shall have been bona fide mortgaged to the bank as security for debts due the bank, or re- ceived from debtors of the bank in payment of their debts. Any real estate coming into the possession of the bank by the above pro- visions may be disposed of as the president and directors may deem most for the interest of the company."3 The stock of all of the banks except the Nemaha Valley bank was to be $100,000, and they might organize when $50,000 had been subscribed. The stock of the Nemaha Valley bank was fixed at $50,000, and $25,000 was to be subscribed before organization. In other respects the charters were alike.4 may be increased at the will of the stockholders, to any amount not exceeding five hundred thousand dol- lars, to be divided into shares of one hundred dollars each; and the said Company, under the above name and style, are hereby declared capable in law of issu- ing bills, notes and other certificates of indebtedness, dealing in exchange, and doing all things necessary to the carrying on of a regular and legitimate banking business, and also to buy and possess property of all kinds, and to sell and dispose of the same, to con- tract and be contracted with, to sue and be sued, to defend and be defended against in all the courts of this Territory. "Sec. 2. That the commissioners hereby ap- pointed shall have power to cause books to be opened for the subscription of said stock, in such manner and at such times and places as they or anv five of them may appoint, that whenever Fifty Thousand Dollars is fully subscribed, then those making suchHISTORY OF NEBRASKA It will be seen that there was no restraint on the issue of notes, and that the only pro- tection to note-holders lay in the individual liability of stockholders and the publicity of the required annual report to the territorial auditor. The banks might organize and do buiness without a dollar of actually paid-up capital. The persistence with which every safe- guard which the honest and the wise sought to interpose was opposed and rejected on the part of the majority of the legislature shows utter disregard of inevitable disastrous consequences if not direct evil intent. When Governor Cuming in his message of 1S57 exclaimed that ' 'about two-thirds of the currency of the whole country is debt," and thought that this conception should crush the very notion of the banking or credr sys- tem, he had not the 'aint- est conception that bank credit currency was so soon to perform regularly much more than two- thirds of the functions of money, or that these vast media of exchange were to be issued through the banking system at the will of the business world. But he prop- erly insisted, though without a clear distinc- subscription shall have power to choose a Board of Directors, whose duty it shall be to organize said Bank, by electing a President, Vice-President and Cashier; and that, in the election of said directors and officers, each share subscribed, or then held, shall entitle the holder thereof to one vote which may be given in person or by proxy. "Sec. 3. It shall be the duty of the President or Vice-President (either of which shall be competent) and Cashier to attach their respective names to all bills or notes, issued by said Bank to circulate as currency; and that the stockholders shall be each and individually liable for the full and final redemp- tion of such issue, payable at their Banking House, in gold or silver, and that this charter shall have an ex- istence and be in full force, if faithfully complied with, for the term of twenty-five years from the date of its passage and becoming a law of this Territory. "Sec. 4. The stock of said Bank shall be as- signable and transferable according to such rules and daniel leonidas m'gaky1 tion, that bank notes for general circulation—• money in the restricted sense of the word— could not be issuable by banks with safety ex- cept under the severest provisions for their security. The real reason why there was little or no good money'in Nebraska was that there was no good property, or credit which repre- sents good property, with which it could be bought or borrowed, for in every-dav com- mercial transactions money is bought with other goods just as goods are bought with money. Some of these banks sought to supply the lack- ing credit legitimately, and the responsible men who conducted them were able to save the public from loss; but the promot- ers of the others sought to fool the public, and in some cases fooled them- selves with the notion that the creation of money without sound credit or actual property behind it was practicable. Several of the members were mindful of these sim- ple economic principles and sought to apply them through amendments to the charters. Mr. Salis- bury of Douglas county offered the following amendment in the house to the Bank of Nebraska charter: under such restrictions as the Board of Directors may prescribe, who shall have power at all times to make such rules and regulations as may appear for the well-being of said Bank, not inconsistent with the constitution and laws of the United States and this territory. "Sec. 5. The Directors of said Bank shall make or cause to be made through their Cashier, under oath or affirmation, an annual report to the Auditor of the Territory or state (as the case may be) a full exhibit of the condition of said Bank, which report shall be published in three newspapers of this Terri- tory, if they exist, by said Auditor. "Sec. 6. This act shall be in force from and after its passage. "Approved January 18, 1856."—(Laws of Ne- braska, 1856, p. 224.) 'Daniel Leonidas McGary, deceased, the first U. S. district attorney appointed for Nebraska, and a pio-l/rf/f/.r/fv. #■ /'■•" < t v // s/( //s///rtA ■sKt-iZ>u-~ .; urn, „/■• y WAUBEEK BANK // //?///////// BANK ol FLORENCE // - ^7£»;;dniLg£uiJ t>{ >■ ^, -v > i " ",V SAMPLES OF WILDCAT CURRENCY6 HISTORY OF "No person or association of persons shall commence the business of banking under said act, until such association shall have deposited with the auditor of the territory an amount of United States stocks or stocks of some other state, equal in amount to the capital stock of said bank. Such stock, in air cases, to be or to be made to be equal to stock pro- ducing six per cent per annum, and it shall not be lawful for the auditor of the territory to take such stock above their par value."1 An amendment offered by Mr. Kirk of Richardson was more to the point: "No bills shall be issued until money or stocks are de- posited with the auditor of the territory to the full amount of the issue."2 The same member moved to amend the charter of the Fontenelle bank of Bellevue by applying thereto the fol- lowing sections of the statutes adopted at the first session: "168. If any person subscribe to, or become * a member of or» be in- Itfy way interested in any association or company formed for the purpose of issuing or putting in circulation any bill, check, ticket, certificate, promissory note, or other paper of any bank to circulate as money in this territory, he shall be pun- ished by imprisonment in the county jail not exceeding one year, or by fine not more than one thousand dollars. neer lawyer of Brownville, was born at Madison- ville, Ky., in Jan., 1834, and died in Beaumont, Tex., Apr. 22, 1902. His ancestors were among the pio- neers of Kentucky. His grandfather, Hugh McGary, accompanied Daniel Boone to the "dark and bloody ground" and took the first Bibles into that section. The parents of Daniel L. McGary died when he was very young, and when old enough he was sent to St. Louis and placed in the commercial house of relatives, where he clerked by day and studied law at night. After finishing his law studies, he removed to Nebraska territory, and May 10, 1855, was ap- pointed the first United States district attorney of Nebraska territory for the southern district. Ac- cording to his son, Samuel H. McGary, his father was intimately associated with J. Sterling Morton and for a time assisted in the publication of the Nebraska City News. In the later '50s Mr. McGary was married to Mrs. R. L. Jackley, a widow, and the two, with their possessions in wagons, migrated to Uvalde, Tex., then an extreme frontier town. Here McGary practiced law and fought Indians until the Civil war commenced, when he moved his wife and two children to the home of Atreus Clay, an uncle, living at Independence, Tex., and enlisted in the Confederate army. He fought until the close of the war, was several times wounded, but was never captured and never surrendered. He returned home, and remained until his death an unrecon- structed rebel. Immediately after the war he estab- lished a weekly newspaper at Brenham, Tex., calling it the Southern Banner, the stars and bars being NEBRASKA "169. No incorporated company shall em- ploy its effects or any part thereof, or be in any way interested in any fund that is em- ployed for the purpose of issuing notes or other evidences of debt to be loaned or put in circulation as money, and any director, offi- cer, or agent of any such company who vio- lates the provisions of this section shall be imprisoned in the county jail not exceeding one year or be fined not exceeding one thou- sand dollars. "170. All notes and other securities for the payment of money or the delivery of prop- erty, made or given to any association, insti- tution, or company that is formed for any such unlawful purpose, or made, qr given to secure the payment of any money loaned or discounted by any company or its^officers con- trary to the provisions of the preceding sec- tion, are void. "171. No person, association, or corpora- tion shall issue any bills, drafts, or other evi- dences of debt to be loaned or put in circula- tion as money or to pass or be used as a currency or circulating medium; and every person, association, or corporation, and every member thereof who violates the provisions of this section shall be punished by fine not exceeding one thousand dollars."3 All these safety amendments were promptly laid on the table, the last by the following vote: Ayes, Beck, Boulware, Bowen, Camp- conspicuous in the headlines. He made life miserable for the carpet baggers who flocked to Washington county after the war, and was eventually thrown^ in jail for alleged inciting of rebellion. While in jail he was fed by white people of Brenham, and con- tinued to edit his paper from behind the bars. Later the "military boss" of the city detached a file of soldiers who burned the Banner office, and the same fire destroyed the entire business portion of the city, for which citizens of Brenham have unsuccessfully endeavored to secure relief from Congress. Mr. McGary also established a newspaper in Galveston, and w^s for many years editor and proprietor of the Houston Age, a paper which had a national reputa- tion, although insignificant in size. Throughout the state he was known as "Uncle Dan,l," and counted among his personal friends the most distinguished citizens of Texas. His wife died in Mar., 1902, and he never recovered from the shock of her death, and followed her to a grave in Magnolia cemetery, Beaumont, just four weeks later. Four children survive: Samuel H. McGary, principal owner and manager of the Daily and Sunday Journal, Beau- mont, Tex.; Mrs. S. W. Foster, of Beaumont; Percy M., publisher of the Sentinel, Cold Springs, Tex.; and Mrs. Eugene Baker, who resides in New Mexico. 1 House Journal, 2d Ter. Sess., p. 77. 2 Ibid., p. 78. 3 Laws of Nebraska, 1st Ter. Sess., pp. 249-50.TERRITORIAL BANKING bell, Clancy, Davis, Decker, Gibson, Hail, Harsh, Larimer, Moore, McDonald,' Riden, Rose, Salisbury—16; nays, Buck, Chambers, Finney, Hagood, Hoover, Kirk, Laird, Miller —8.1 The member from Richardson, as irrepres- sible as he was clear-headed, offered still another drastic preventive of the impending rascality and its ruinous results in the follow- ing amendment: "Provided, That no person shall become a stockholder in said bank by transfer or other- wise, until such person shall file a certificate with the commissioner, showing, on his oath, that he* has real or personal property worth twice the amount of stock that he wishes to subscribe, and that over and above the amount of his indebtedness^ -and that there is no mort- gage or incumbrance upon said property. "Provided further, That said stockholders shall be individually responsible for the whole issue of the bank during the whole term of years, for which said charter shall be given, and for ten years thereafter/'2 * This proposed amendment was laid on the table by a vote of 14 to 10, Gibson and Mc- 1 House Journal, 2d Ter. Sess., p. 97. 2 Ibid. 3 Sept. 10,1856. 4In Aug., 1856, the Davenport (la.) Gazette gave an account of the organization of the Bank of Flor- ence, which the Advertiser quoted as follows: "We notice in our exchanges some considerable talk in reference to this new banking institution, lo- cated at the town of Florence, in Nebraska. Being in possession of some facts in regard to this bank, we propose to simply state them as they exist. "The bank was chartered last winter, at the in- stance of a number of the citizens of Florence. By express provision of the charter, every stockholder is personally liable for all its issues. "After the charter was obtained, the citizens of Florence, having no other interest in the matter than the establishment of a solid, permanent, and reliable institution, after examination as to what could best be done for the benefit of their town and territory, tendered the charter to Messrs. Cook & Sargent, of this city, as being the oldest, most influential and wealthy bankers in the West. "Cook & Sargent, finding that the charter con- tained a most stringent individual liability clause, yielded to the wishes of the people of Florence, and accepted the ofifer made to them, and now own the charter, in connection with Cook, Sargent & Downey, of Iowa City, and Cook, Sargent & Cook, of Fort Des Moines. "The capital stock of the bank is $100,000, with the privilege of raising it to $500,000. The responsi- bility and standing of the gentlemen above named are too well known in the west to require them to Donald, who had voted against directly apply- ing the Iowa criminal code by the preceding amendment, having joined the conservatives in support of this proposition. It was well understood that whatever sta- bility or public confidence these banks might possess must rest on the reputed responsibility of their promoters; and so the newspapers made the most of this consideration. The Omaha Nebraskian3 insisted that the stock- holders of the new banks were of the best and wealthiest capitalists in the country, that they were held by the charters individually respon- sible for their circulation, and that their stock was not transferable without the consent of the whole company. The assertion as to the transferability of stock was essentially untrue; for the charters imposed no such restriction, and if it was imposed by the by-laws of the corporation they could be changed at the will of the stockholders or directors.4 The wildcat conspiracy of the second ses- sion was continued in the third. The preced- ing legislature had chartered a bank for every town of consequence in the territory; this be heralded by us. and they would not thank us for volunteering an endorsement where none was needed. "But this bank will prove not a little advantageous to the state generally, and especially to the people of this section of it, and to counteract the impression which may naturally attach to the minds of persons at a distance, that this is one of the irresponsible and fatherless wild cat banks with which the coun- try is flooded, we have thought it proper to state the above facts, which can be relied on, with reference to it. The individual real estate, in this (Scott) county, of one member of the firm of Cook & Sar- gent, is worth in the market today $300,000. "The individual and co-partnership real estate owned by Cook & Sargent, (aside from that owned by their Iowa City and Fort Des Moines branches) is worth not less than $800,000. "Add to this the exalted business character for fidelity and integrity which these men have grown up steadily for the last nine years, and no one can hesitate to predict that the issues of this bank will at once take a rank among the most reliable bank paper of the country. " 'Confidence is said to be a plant of slow growth but when grown, is a hardy and vigorous one, yield- ing abundant fruit, and the names of Cook & Sar- gent, in all their extensive business circles, will inspire an unshaken, and we trust a profitable confi- dence in this new enterprise of theirs in Florence. "No men more eminently deserve success, and the people of Iowa will welcome a currency on which they can so safely repose, and which, we trust, will prove instrumental in driving from our state the mixed, pie-bald, and, to a great extent, miserable trash with which we are flooded from other states."— (The Nebraska Advertiser, Aug. 16, 1856.)8 HISTORY OF undertook to supply the hamlets also, and to that end some sixteen charter bills were intro- duced. Six of these bills were passed, namely, for the Clinton bank, the Bank of Columbus, the De Soto bank, the Pacific Bank of Omadi, the Bank of Plattsmouth and the Tekamah bank, and all were vetoed by Governor Izard. The veto message for five of them follows: "To the Council: "An act entitled, an act to incorporate the Pacific Bank of Omadi; An act entitled, an act to incorporate a bank at De Soto, Wash- ington county; An act entitled, an act to incorporate the Bank of Columbus; An act en- titled, an act to charter the Bank of Platts- mouth ; An act entitled, an act to incorporate the Clinton bank; have severally been pre- sented to me for my approval, all of which have received at my hands that careful ex- amination and due deliberation which every measure vitally affecting the interests of the territory demand. And while I regret that any circumstances or class of circumstances should arise to prevent my hearty co-opera- tion with the Legislative Assembly in all measures calculated to promote the common interests of the Territory, a high sense of duty to the whole country, which with me rises superior to every personal consideration, com- pels me to differ with your honorable body as to the policy of establishing any more banks at this time. "I might here with propriety enter into an argument to demonstrate the pernicious ef- fects of a banking system carried beyond the limits of the public necessities as they have 1 Council Journal, 3d Ter. Sess., p. 144. 2 Ibid., p. 150. 8 George M. Chilcott, with George A. Hinsdale, another pioneer of Nebraska, was among the first settlers of Fontaine City, Col. He was a member of the lower house in the 1st territorial legislature of Colorado and in Nov., 1862, was elected to Congress under the state constitution. He was born in Jan., 1828, moved to Iowa in 1844, and was elected sheriff in 1853. In 1856 he removed to Nebraska, was a member of the 3d territorial legislature, representing Burt county, and migrated to Colorado, where he arrived in May, 1859. He was a member of the con- stitutional convention of that year at Denver, re- turning to Omaha for the winter. In the fall of 1860 he settled in what is now Pueblo county and engaged in farm work for two years, after which he took a claim twelve miles east of Pueblo, where he settled with his family. He was elected to repre- sent that section at the first two sessions of the territorial legislature, and was appointed by Presi- dent Lincoln register of the land office for the dis- trict of Colorado in 1863, which position he held until he was elected to Congress in November of NEBRASKA developed themselves in various portions of our country, and with which all are familiar; but suffice it to say that my honest convictions are that the measure under consideration would have a tendency to cast a blight upon the hopes and prospects of our people more withering and deadly than that of the poison- ous Upas. So convinced, were I to shrink, from a fearless and faithful discharge of the duty thus imposed upon me, I should justly merit the contempt and condemnation of all honorable men, acting as I do upon the prin- ciple, sanctified by the patriotism of the na- tion, that it is better one man should die for the state than that all should perish, I most cheerfully take the responsibility of withhold- ing my signature from the above recited bills : and herewith respectfully return them to the Council, the house in which they originated for reconsideration. "Mark W. Izard. "Executive Office, Omaha City, "February nth, 1857."1 The charters for the bank at De Soto and that of Tekamah were passed over the veto. In the council the vote on the De Soto charter was, ayes, Bowen, Bradford, Clancy, Furnas, Kirkpatrick, McDonald, Reeves, Safford, Sal- isbury—9; nays, Allan, Miller, Puett, Rogers.2 In the house those voting aye were Cardwell, Chilcott,3 Cole, Connor, Cowles, Cromwell, Downs, Dyson,4 Ellis, Gibbs, Hanscom, Hail, Holloway, Kimball, Lawrence, Jonas G. Seely, Singleton, Slaughter,5 Stout, Strickland, Watts, White, Wolph—23; nays, Armstrong, that year. In 1881 he was appointed United States senator from Colorado, by Governor Pitkin, to fill out the unexpired term of Henry M. Teller, who had resigned to enter the cabinet of President Ar- thur. Mr. Chilcott was a republican in politics, a man of fine physique, energetic, and universally successful in his undertakings. 4 Joseph Dyson, deceased, was born in Maryland about 1820. He was one of the first settlers of Bellevue, Neb., and claimed that place as his resi- dence when he enlisted for the Civil war, Oct. 15, 1862, in Co. D, 2d Neb. Cav., of which he became 4th Sergt. He was killed in action June 22, 1863, at the Pawnee reservation, Neb. His early residence in Sarpy county was known as "Dyson Hollow," where he was largely engaged in burning lime, for which he found a readv market at Bellevue. (See also ft. nt. vol. 1, p. 170.) 5 William M. Slaughter, deceased, was one ot the first settlers of Plattsmouth, where, in partnership with John A. Worley, he conducted a general mer- chandise store in 1354-56, in the building previously occupied by Samuel Martin and known as the "Old Barracks." He was elected a member of the firstHISTORY OF NEBRASKA ir Chambers, John Finney, William A. Finney, Jones, Johnson, Moore, Murphy, Steinberger, Stewart—io.1 On the nth of February the governor sent the following spirited veto message to the house, where the Tekamah bill originated: "Executive Office, "Omaha, Feb. n, 1857. "To the House of Representatives, "An act entitled an act to charter the bank of Tekama in Burt county, N. T. has been presented to me for my approval and I have given to it that consideration and deliberation which in my judgment its importance de- manded at my hands. "And while I must regret the necessity which compels me to differ with the legisla- tive assembly upon any subject affecting the interests of the Territory so vitally and to such an eminent degree as the bill under considera- tion, an imperative sense of duty, which with me is superior to every personal consideration, demands in the present instance that I should withhold my concurrence in the passage of the contemplated measure. "I might with propriety offer at length the reasons by which I have been influenced, as drawn from the operations of a banking sys- tem, carried to a perilous extreme in various portions of our country familiar to you all; but it is sufficient for me to say that I am thoroughly convinced the bill under consid- eration, so far as being of any practical benefit to the territory, is calculated to prove detruc- tive to its best and highest interests, and under this conviction, were I to shrink from a faith- ful and fearless discharge of the duty thus board of aldermen of Plattsmouth in Dec., 1856, and a charter member of the first Masonic lodge at Plattsmouth, organized Feb. 20, 1858. He was elected to the lower house of the territorial assembly, representing Cass county. In 1859 he went to Au- raria (Denver) where he was among the first to set- tle, and was elected judge by the law and order league. He was later mayor of Central City, Col., and was elected, Oct. 24, 1860, a member of the lower house of the provisional legislature of the proposed territory of Jefferson. He was a "boomer" and always in the van of civilization. 1 House Journal, 3d Ter. Sess., p. 182. 2 Ibid., p. 174. 8 James A. Car dwell settled on Camp Creek near Waverly, Lancaster county, Neb., in 1857. The same year he was one of the commissioners appointed to locate a territorial road from Plattsmouth to Ches- ter, Lancaster county, and also one from Platts- mouth via Louisville, Parallel, and Salina to new Ft Kearney. 4 Joseph C. Ellis, member of the lower house of the 3d territorial assembly, representing Otoe county, imposed upon me, I should merit the con- demnation of all honorable men. "Acting upon the principle that it is better one man should die for the state than all should perish, I most cheerfully take the re- sponsibility of withholding my signature from the bill above recited, and herewith respect- fully return it to the House in which it orig- inated for its reconsideration. "Mark W. Izard."2 On motion of Hanscom—usually the leader when a measure was to be forced—the bill was barely passed over the veto by a vote of 23 to 11 as follows: Ayes, Cardwell,3 Chil- cott, Cole, Connor, Cowles, Cromwell, Dyson, Ellis,4 Gibbs, Hanscom, Hail, Holloway, Kim- ball, Lawrence, Jonas G. Seely, Sharp, Single- ton, Slaughter, Stout,5 Strickland, Watts, White, Wolph;6 nays, Armstrong, Chambers, Downs, John Finney, William A. Finney, Jones, Johnson, Moore, Murphy, Steinberger, Stewart.7 In the council8 the vote was as fol- lows: Ayes, Bradford, Clancy, Furnas, Kirk- patrick, McDonald, Reeves, Safford, Salis- bury ; nays, Bowen, Miller, Puett, Rogers. In the attempt to pass the charter of the Pacific Bank of Omadi over the veto, Allan joined the four last named in the negative, and it was de- feated. The charters of the Clinton bank and the Columbus bank were defeated by the same vote. The charter of the Bank of Plattsmouth was also passed over the veto in the council, only the regular four named voting no;9 but it was defeated in the house by 17 to 17.10 was a tin- and copper-smith, with a manufactory at Nebraska City. He removed to Colorado. 5Elisha P. Stout, one of the founders of De Soto, Washington county, was later a member of a com- pany formed at Denver and Auraria, with the object of founding a city on the deserted site of El Dorado. He was vice-president of the convention called at Auraria in June. 1860, for the purpose of promoting territorial organization. 6 Henry C. Wolph, deceased, member of the lower house in the 3d territorial assembly of Nebraska, was elected county judge of Cass county at the first election for county officers, Nov. 6, 1855. In 1859 he was awarded first premium by a committee rep- resenting the Cass county fair for the best cultivated forty acres in the county. He removed to Otoe countv, where he served as county commissioner in 1.862-64. 7 House Journal, 3d Ter. Sess., p. 176. 8 Council Journal, 3d Ter. Sess., p. 152. 9 Ibid., pp. 150-51. 10 House Journal, 3d Ter. Sess.., p. 187.TERRITORIAL BANKING ii Those in the house who persistently op- posed the bank charters were Armstrong, Johnson, Murphy, and Steinberger of Doug- las county; Chambers and Finney of Nemaha county; and Stewart of Washington county. 1The following committee report in recommend- ing that ample securities to the full amount of the issues of the proposed banks be deposited with the territorial treasurer, proposed to cut off the chief end which the banks were intended to subserve: "The select committee to whom was referred sun- dry bank bills have had the same under consideration and beg leave to make the following report: That they have examined the subject with as much care as their ability, time and the circumstances will admit, and have come to the following conclusion: That they are not at all in favor of banking in general, neither are they satisfied that an agricultural and commercial people could successfully prosecute their business upon an exclusive constitutional currency, because that in the opinion of your committee an ex- clusive gold and silver currency could not be had and retained in sufficient quantity to meet the wants of a country whose rapid progress we think will be with- out a parallel in the history of nations. We say it could not be retained because it would find a resting place in those States where the most would be given for it, and it is easy to see that a greater apparent value could be given for it in bank bills than could be offered in the produce of our territory, hence the result: those oldest States would have the gold and we would have their currency, which would place us in no better condition than we would be with a lim- ited number of our own banks under proper restric- tions, except so far as those eastern institutions have in a measure been tested and the people therefore have confidence in them. "Your committee would further state that if it was true that a little of a thing was good therefore more was better, this Legislature might go on and charter a Bank for every county in the Territory; but upon a very slight examination of this matter, it will be seen that a multiplicity of banks would most com- pletely defeat the object sought; the thing sought is a bank of issue, exchange and deposit. If of issue, in order to be of service to the bank it must have credibility beyond its immediate locality, otherwise the bank would never dare to issue one dollar; if its credibility was extensive then with propriety its issue might be extensive, the stockholders feeling an assur- ance that the bills would not rush in upon them faster than the gold could be counted. But how is the credibility to be established? Why, safely upon the basis of the worth, honesty and integrity of the persons having the control; and where are to be found the honest men who would invest capital in a banking operation, when every twenty-four square miles has# a machine for grinding out a mean paper representation of money. "Your committee can easily conceive that they are recreant to the interest of the persons who would readily engage in the business of securing charters and putting bills in circulation to the extent of their ingenuity; and when no more could be issued a fail- ure would ensue, and the bill-holders would have the privilege of holding on to them. But the circum- stances of the bill-holders having this paper in their hands is not all the evil that has befallen the coun- try. Property, as a consequence upon this flood of paper currency, has risen to a fictitious value, and Finney and Moore of Douglas, and Singleton of Richardson and Pawnee were usually, and others less often, in opposition.1 Salisbury made a minority report in favor of the passage of the charters, which was multitudes have been caught by the speculating mania, and, borrowing money and purchasing at high rates, have found themselves, when the crisis ar- rived, deeply involved, without the ability to pay even a moiety of their indebtedness, were their prop- erty sold for the utmost that it would bring. Where then would be the benefit of banking to Nebraska more than what is necessary to meet the actual wants of the Territory? Look now, sir, at this machine as a bank of exchange and tell us what banker in any of our eastern cities would honor our paper? None would dare to because they would have no certainty that our soulless thing would have any existence when the draft should return by express. "But suffer us again to return to the issue. We have now six banks; add six more and we have twelve, a bank for every thousand inhabitants, there- with a capital stock of $250,000; each would be equal to $300,000; three times that annually which is the remaining sum which they have a positive right to issue would be $900,000; this upon equal division would give to every man, woman and child $750 currency; allowing every fifth of our twelve thou- sand inhabitants to be business men, then we would have for each man $3,750. Now, sir, your committee would ask if there is a man upon this floor that does not see how perfectly absurd and ridiculous this whole affair is; even in the supposition that the cap- ital stock was reduced to the sum of fifty thousand dollars for each institution, this would still leave for each man $750. We would ask again of what use would this money be to the bankers except to loan; but, if they should loan where would be their secur- ity upon $187,500? Why, sir, the more you look at this machinery, the more foolish and absurd it ap- pears. It could not help but crumble down under its own superincumbent weight. "There is another view of this matter that it would be well to look at:—Who are the men that are ask- ing for these charters? Are they sovereign squatters of Nebraska? Not at all; most if not all the leading men are from other States, who would be very much obliged to us now to legislate to them the opportu- nity of filling our pockets with their bills, but who would laugh us to scorn when they had our gold and our property in their possession. Take another view of this thing, if you please sir, in the light of a bank of deposit. Who in his senses would think of en- trusting money in the vaults of such institutions, if past experience would teach us anything? We would dread them as a highway robber, for hundreds hav- ing confidence in them have woke up in the morning and have found that the body of the soulless thing had evaporated, and there was nothing left to repre- sent his pocket full of bills but an old store, the counter, and a broom. Such, sir, have been the workings of these machines; such will be the work- ings of them, and it^ will avail little for us to wail over our folly and wickedness when our Territory is bankrupt; besides, sir, what right have we to throw a clue in the way of men, merely because they ask it of us by which means they may turn about and swin- dle us in wholesale; and we venture the assertion that your paper money system, with its privileges, exemption, and facilities for speculation, encouragesi2 HISTORY OF adopted, while the former amendments, pro- posed by the majority report, were rejected, the division on these questions being like that on the final passage of the charters.1 An amendment to the proposed charter of the Bank of Columbus—offered by Rogers—that the bills of the bank should be secured by the deposit, with the auditor of the territory, of United States, or state stocks, amounting to one-third of the bills, was defeated by the usual vote: Ayes, McDonald, Miller, Puett, Rogers; nays, Allan, Bowen, Bradford, Clancy, Furnas, Kirkpatrick, Reeves, Safford, Salisbury. A persistent and vicious determi- nation to allow unlimited issues of uncovered bills is thus clearly apparent. and greatly multiplies that class of men. In this view, the evil is above our power to confute. The honest portion of the community, with vice con- stantly before their eyes, become assimilated with it, its odious features, and soon familiarized, they wink at the monster, and it is well for them if they are not fascinated, and become parties in a grand swin- dle of the confiding and unthinking portion of [the] community. "Your committee might proceed to show that this banking system is a monied power, and as such could control the various interests and destinies of our country. It would affect our social., our civil and our political interests; it is an institution that can at will suspend specie payment, refuse to discount, and thereby cramp our commercial manufacturing and agricultural operations by the simple term of, fWe are not discounting.' "Your committee, not willing to assume the whole responsibility of saying there shall be no more banks chartered at this session of the Legislature, would respectfully report back to the Council the following bills: "Council Bills, Nos. 8, 13, 32, 34, and 110, "And would recommend that if this Council should see fit to pass any of them that they pass with the following additional sections being embodied in each bill: "First—That the capital stock of said bank shall never exceed $300,000. and that no bills of less de- nomination than five dollars shall be issued "Second—That it shall be unlawful for said banks to exact more than eighteen per cent per annum or one and a half per cent per month. "Third—That said bank shall deposit with the Territorial (or State) Treasurer ample special se- curities to the full amount of the issues of said bank. "Fourth—That the capital stock shall not be trans- ferable without in every instance giving three months notice in some newspaper, at or near the locality of the bank, 6f the intended transfer of said stock, and all transfers made contrary to the provisions of this section shall be void. "All of which is respectfully submitted. "Mills S. Reeves, "James S. Allan, "Committee." — (Council Journal, pp. 115-16-17.) NEBRASKA There seems to be ground, also, for the accusations made at the time that the existing banks were active in opposing the creation of rivals. There is a tone of too much protest- ing in the report of Kirkpatrick, chairman of the committee on incorporations, against char- tering any more banks without requiring them to keep specie for redemption. This council- man had supported the passage of the char- ters of the first five banks which he now deems so dangerous, and his argument against estab- lishing more of the same kind is denunciation of his own part in establishing the others. This report, like others of its kind, is interest- ing in its disclosure of the points of view of the prominent men of those times.2 Council Journal, 3d Ter. Sess., p. 123. 2 "To the Honorable the Council of the Territory of Nebraska: "Your committee on Incorporations to whom was referred: "C. Bill No. 10, entitled An act to charter the Bank of Rock Bluffs; "C. Bill No. 40, entitled A bill for an act to charter the National Bank of Bellevue; and "A bill for an act to charter the Decatur Bank; "Report the same back to the Council and respect- fully recommend the indefinite postponement of said bills. When your committee consider that there are already six banks created by legislative enactment in operation in our infant Territory, with an authorized capital of over three millions of dollars, and that ap- plication is made to charter some dozen or more ad- ditional banks, with an aggregate authorized capital of some five millions, your committee are compelled to pause and consider the consequences likely to re- sult to the people of the Territory should more banks be created. "While the present influx of metallic currency, caused by immigration, continues, probably no bank failures will occur, but your committee fear that when the influx of specie in the possession of immi- grants diminishes, as will certainly be the case a few years hence, and when the specie now in the territory shall be withholden from circulation to pay for the homes of the settlers on the public lands, a financial crisis will occur that will ruin the commercial credit of our Territory and result in great losses to our people. "Your committee will not say that banks under all conditions are dangerous or injurious, for your com- mittee believe that it has been demonstrated by ex- perience and observation throughout the entire territory of our government, that the commercial in- terests of our country require a larger currency than the gold and silver furnished, and that the commer- cial wants arising from the scarcity of the precious metals can only be supplied by the emission of a paper currency. But, although your committee are impelled to the above conclusion, they are of opinion that all issues of bank money should be based upon a deposit of specie in the vault of the banks, or upon United States or state stocks, deposited with someTERRITORIAL BANKING 13 The Nebraska Neivs,1 now conducted by "the two Mortons" (Thomas and J. Sterling), printed on its editorial page, under cover of an anonymous correspondent, a statement that Governor Izard "is said to have got some $12,000 for his veto message of the six bank bills sent to him for his approval by the late legislature." A charge was made in the same paper that the speaker of the house received $1,000 for his vote which was needed for the passage of the De Soto and Tekamah charters over the veto. While to give credence to these particular charges does not seem justi- fiable, yet the open and direct manner in which they were made and the general currency which was given to accusations of a similar kind indicate that corrupt conspiracy was re- sorted to for procuring and for preventing bank legislation at this session. At the fourth session of the legislature a bill was introduced into the council to repeal the charters of certain banks, but as it was never reported from the select committee to which it was referred there is no record of the names of the banks thus attacked. A bill was introduced into the house "to prevent the improper issue of the Omaha and Chicago bank." The bill for a charter for a bank by that name was defeated at the third session, but, as was the case of other institutions of the same kind, this bank evidently proceeded to issue bills without legal authority. Accord- ing to the journals of the two houses, no other bank bills were introduced at the fourth ses- Territorial or State officers, or by the deposit of title deeds or mortgages on un [in] cumbered real estate. "Your committee are also of opinion that, before issuing any bills, all banks should be required to de- posit an amount of specie deemed sufficient to redeem any issues that may be presented for redemption. "Your committee cannot discover in the bills un- der consideration any security to the bill holders, except the individual responsibility of the stockhold- ers. Your committee can easily conceive that under such charters as these under consideration, men of financial ability, honorable and honest withal, may subscribe the requisite amount of stock, organize a bank and issue paper money which may obtain an extensive circulation caused by public confidence in the honesty and pecuniary ability of the incorpora- tion and stockholders; but your committee can also conceive that after such circulation has obtained, based upon the integrity and ability of the officers and stockholders, the stockholders may escape all lia- bility by transferring their stocks, and should such transfer be made (as it may be) to parties wholly si on. The revolutionary break-up prevented bank, or any other legislation; and in any event the firm attitude of hostility assumed by Acting Governor Cuming in his message might have had a restraining effect. Wildcat bank legislation died out in the 5th legislature and of a complication of mal- adies. The lessons of the dear school of ex- perience had produced some effect; this legislature was on the whole more stable and of better character than any of its predeces- sors ; and, possibly most important, Governor Richardson had instructed the several district attorneys to begin forfeiture proceedings against all banks which had failed to redeem their notes, and his potent influence was against the wildcat system. The only bank charter bill at this session was for the State Bank of Nebraska, and it was introduced in the council, October 20, by Scott of Washing- ton county.2 On the 25th of October, Scott and Crawford,3 of the committee on incorpor- ations, made a majority report in favor of the passage of the bill with amendments. On the same day Dr. Miller, chairman of the com- mittee, made the following report: "The committee on incorporations to which was referred C. B., No. 106, 'a bill for an act to incorporate the State Bank of Nebraska/ beg leave to report that they have had the same under advisement, and in their opinion it ought not to become a law. It proposes to incorporate a system of banking in the terri- tory upon the land basis, and compared with those institutions which have gone before, the unable to redeem the issues of said bank, the bill- holders must suffer a depreciation or final loss of the amounts then held. "S. M. Kirkpatrick, Chairman." —(Council Journal, 3d Ter. Sess., p. 161.) lFeb. 21, 1857. 2 Council Journal, 5th Ter. Sess., p. 136. 8 William G. Crawford, deceased, was one of the first settlers in Dakota City, Neb., but remained there only two years, removing in 1860 to Council Bluffs, I'a., where he died Nov. 14, 1871. During his resi- dence in Dakota county he was the second county clerk, being appointed by the commissioners May 20, 1857. Mr. Crawford was orator of the day at the first Independence Day celebration of Dakota county July 4, 1857. He represented Dakota and Cedar counties in the 4th territorial assembly, and represented Dakota county in the council during the fifth extra session, but resigned in 1859. He was a lawyer and was for a time in partnership with Gen Joseph Hollman.14 HISTORY OF NEBRASKA genuine 'wild cats' of '55 and *57, it does in- deed present a plausible scheme, yet, without entering upon an elaborate argument to show the absence of any necessity for banks in this new Territory or country, and the defects of the present bill, the minority of your commit- tee respectfully recommend the indefinite post- ponement of the same."1 On the 27th of October Dr. Miller charged in the council that "improper means were be- ing used to pass the bank bill," whereupon a committee consisting of Taylor, Moore, and Crawford was appointed to investigate the charges. On the 29th Taylor and Crawford of the committee made the following report: "Your committee appointed to investigate the charges of fraud and corruption preferred by Mr. Geo. L. Miller, beg leave to report that after a thorough investigation of the charges and everything connected therewith, that from the evidence of Mr. Miller, Mr. Doane, and other facts eliminated during the investigation, Mr. Scott, a member of this honorable body, has been guilty of great im- proprieties, not to say high offences. "It is in evidence that he offered Mr. Miller at one time a draft, payable in thirty days, for two hundred and fifty dollars, if he would support the bank bill; at another time, the loan of five thousand dollars without interest. Now it is established, by the evidence of Mr. Doane, that Mr. Scott was under the influence of liquor at the time he made both of these propositions, which are alike dishonorable to Mr. Scott, being intoxicated or sober, and the constituency whom he represents. If Mr. Scott was under the influence of liquor when the propositions were made, there is no doubt he was not when the charges were made in the Council, and every member must remember that he assumed the responsibility and ad- mitted the facts: and your committee, in in- terpreting the motives of Mr. Scott, must be governed by the same rules that govern courts of justice, and hence conclude that Mr. Scott intended the consequence of his own act, and that intoxication is no excuse, and that the committee have sought in vain to find some apology for his conduct. A^ain, the evidence of Hon. H. P. Bennet, speaker of the House Council Journal, 5th Ter. Sess., p. 163. 2 Ibid., p. 183. 3 According to the present recollection of Mr. H. P. Bennet, speaker of the house, Rankin and Seely, who were backed by a man from New York, under- of Representatives, is, that Mr. Scott offered him a loan of five thousand dollars if he would support the bank bill. "Your committee further state that the con- duct of Mr. Dundy, a member of this body (for whose integrity your committee have the highest appreciation) is in the opinion of your committee inexcusable and reprehensible. "Mr. Dundy states that an attempt was made to buy his vote upon the bank bill, and he was offered a gold watch worth one hun- dred and fifty dollars in consideration thereof. But [he] positively refuses to disclose the name of the guilty agent, although he had taken an oath to testify the whole truth, and did not claim that by answering he should criminate himself, but on the contrary he states that he refused the offer. "In conclusion, your committee find that none of the members of the Council, except Messrs. Scott and Dundy, have committed any impropriety, whatever, but on the con- trary have in the opinion of your committee been guided by the purest and most honorable motives. That the wholesale charges of fraud and corruption against the members of the Council by rumor or otherwise, is unfounded, unauthorized and highly censurable. "Your committee therefore recommend such action on behalf of the Council as it may deem necessary to mete out justice to Messrs. Scott and Dundy, and vindicate its own honor and dignity, and the reputation of the territory. "Wm. H. Taylor, "W. G. Crawford."2 Mr. Moore made a minority report which severely censured Dundy for refusing to dis- close the name of the person who attempted to bribe him, and warmly commended the efforts of Dr. Miller to expose the offenders, and especially for filing a statement of charges with the governor. Mr. Moore also com- mended the attitude of Governor Richardson and Secretary Morton toward the investiga- tion; he also insisted that no other members of the council except Scott and Dundy had been guilty of any impropriety. The major- ity report was adopted by the council, after some amendments had been made.3 took to get up a list of members to be "persuaded" to vote for the bank charter, and they wrote "span of horses" opposite his name. In contradiction to the reports of committees, however, Mr. Bennet says that he was not approached at all with bribery propositions.i6 HISTORY OF NEBRASKA The following resolutions, offered by Mr. Doane, were adopted with the amendment proposed by Mr. Reeves, that Mr. Dundy "be required to apologize or be reprimanded "Resolved, That for the action of George E. Scott, a member of this body, in making im- proper advances to Geo. L. Miller and Hon. H. P. Bennet, to influence their actions upon the bill to 'incorporate the State Bank of Ne- braska,' he deserves the censure of this body, believing, as it does, that the condition of mind under which he was laboring, while it mitigates the criminal intent, does not excul- pate him from the censure which should attach to such transactions under all circum- stances. "Resolved, That E. S. Dundy, for his re- fusal to answer questions propounded to him before an investigating committee of this body, two hundred objections being made to the legality of such questions, be reprimanded by the president of this body unless he answer the question as originally propounded/'1 And it appears that "whereupon the presi- dent reprimanded Mr. Dundy." On the 26th of October Mr. Moore's motion to postpone the bill indefinitely was defeated by the following vote: Ayes, Doane, Moore, Miller, Porter, Reeves; nays, Crawford, Chee^- ver, Donelan, Dundy, Furnas, Scott, Taylor. On the 3d of November, Dr. Miller moved consideration of the bill, probably with the intention of making a test vote after the ex- posure, but his motion was defeated by the fol- lowing vote: Ayes, Bowen, Cheever, Doane, Miller, Taylor; nays, Crawford, Donelan, Dundy, Furnas, Moore, Porter. And thus this measure—the last of its race in Nebraska —was strangled in the house of its friends. On the 3d of November a bill2 to repeal bank charters passed the house by a vote of 21 to 5 ;3 and on the same day minority and major- ity reports on this bill were made by the council judiciary committee as follows: "minority report "The committee on the judiciary, to. whom was referred H. B. No. 30, 'An act to repeal certain acts of the legislative assembly of Nebraska,' Council Journal, 5th Ter. Sess., p. 196. 2 House bill No. 30. "Report that this bill proposes to repeal the charters of certain banks in this territory, to wit: "'The Bank of Tekama; bank located at Bellevue, called the Fontenelle Bank of Belle- vue; Bank of Florence; Nemaha Valley Bank, and the Western Exchange Fire and Marine Insurance company.' "Your Committee would recommend that the said bill be so amended as to include all the banks in the Territory, Provided that noth- ing herein contained shall be so construed as to release the stockholders or owners or di- rectors of said banks from any liabilities of any kind whatsoever, nor shall the real estate belonging to the said banks revert to the said banks or their assigns; that the debts due from or owing to said banks shall not be extin- guished by the passage of this bill, neither shall the personal estate of the said banks vest or revert to the people. "Your committee are of the opinion that the power that creates can destroy, and the present deplorable financial condition the territory demands the repeal of the charters of all the banks in the territory. That the condemnation of the people has already been placed upon them, and that condemnation should be spoken in an authoritative way by their representatives. That further to coun- tenance the existence of these rotten moneyed institutions is to lend the sanction of the leg- islature to the past swindles, give them stand- ing abroad to restore confidence, and give them another opportunity to destroy the little remaining vitality the currency of the terri- tory has. "That self-preservation is the first law of nature, and the very life, prosperity and com- merce of the country being dependent upon a sound currency, it is the undoubted right of the legislature to protect its life, commerce and prosperity, by removing a nuisance so destructive to its health. "Your committee, therefore, recommend the passage of the bill, with the amendments herewith. "W. G. Crawford.4 "majority report "A majority of your committee, to whom was referred H. B. No. 30, report, "That in the opinion of your committee the legislature, having granted banking privileges without protecting the billholder, have now no right or constitutional power to repeal the 8House Journal, 5th Ter. Sess., p. 229. 4 Council Journal, 5th Ter. Sess., p. 257.TERRITORIAL BANKING 17 said charters, nor will the repeal of the char- ters affect the rights or liabilities of the bank- ing institutions, in a legal point of view, but will exhibit to the world an effort on the part of the legislature to act in bad faith. "Your committee therefore recommend, "1st. That the bill be indefinitely postponed, because the power over these institutions and all corporations is vested by law in the judi- ciary of the country, and district courts will, upon the fact of non-user or mis-user, declare their charters judicially forfeited. So far as the argument that the power which creates can destroy is brought to bear upon the bill under consideration, is concerned, your com- mittee will say. it is futile and childish, and has no application whatever to the bill. And no lawyer will say seriously that the legisla- ture created these banking institutions to de- stroy them at will. If the wisdom of the legislative assembly had reserved the power to repeal at pleasure, then it would have the undoubted right to do so. But having failed to do this, there is no remedy but to have the charters declared judicially forfeited. "2d. If the legislature is determined, against law and the constitutional rights of the insti- tutions which have been put into operation by legislative enactment, to repeal the charters of the banks specified in the bill, while your com- mittee think this unjust, because the bill makes an invidious distinction between the banks in the territory, and discriminates in favor of those not named in the bill, and it cannot be denied that all are equally rotten and unsafe, your committee recommend that the bill be so amended as to include all the banks in the territory, and that the charters of all the banks in the territory be repealed. "W. H. Taylor, "G. W. Doane."1 On motion of Dr. Miller the majority re- port was adopted, and then the bill was indefi- nitely postponed. On the same day—the next to the last day of the session—Clayes, of the committee on banks and currency, recom- mended the passage of a bill2 "to authorize the Bank of Nebraska—doing business at Omaha—to deposit securities for the issues with the auditor of the territorybut no fur- ther action appears to have been taken on the measure. On the 26th of October, Council- man Brown introduced a bill3 to repeal the charters of all the banks, but it was not re- ported back by the judiciary committee to which it was referred. On the 25th of Octo- ber, Clark, representing Nemaha and Johnson counties in the house, introduced a bill to pro- hibit the issue and circulation of unauthorized bank paper, but it found its last resting place iii the committee on banks and currency. Thus, while the wildcat element in this leg- islature had become too weak to multiply banks, it was still strong enough to protect those in existence. In attempting to explain the almost inex- plicable repeal of the criminal code, at the instance of Councilman A. A. Bradford, dur- ing the third session,4 it may not be aiming wild to call attention to the amendment of- fered by Kirk in the house—second session— to the charter of the Fontenelle bank of Belle- vue, by which certain sections of the criminal code should be added to it. The proposal of this amendment suggested that there was dan- ger that these sections of the criminal code, which made it a crime for any bank to issue notes, and provided for its punishment for so doing, might be in force and applicable to all the note-issuing banks. It was easy for the banking interests, and as natural as it was easy, to resolve this doubt by repealing the criminal code. Mr. Bradford took the initi- ative, also, in the repeal of "so much of chapter third of the code in relation to cor- porat ons, approved January 25, 1856, as au- thorizes the incorporation of banksand if it is said that he did this either with the pur- pose of protecting the public interests or from the selfish motive of keeping competition with the banks already established at a minimum, then the question why he voted for a large number of new bank charters at this very session arises. Still, Bradford's persistent re- lation as next friend of wildcat banks may be a partial, or the best explanation of his action in bringing about the repeal of the criminal code, notwithstanding that intention of releas- ing Hargus was commonly assigned as his motive. And yet, if Dr. Miller had believed 1 Council Journal, 5th Ter. Sess., pp. 257-58. 2 House bill No. 96. 3 Council file No. 130. 4 See vol. 1, pp. 302-5i8 HISTORY OF NEBRASKA at the time that Bradford took this course for the specific purpose of setting free a homicide and probable murderer without trial, it is unlikely that, as president of the fourth coun- cil, he would have placed him at the head of the judiciary committee.1 On the 20th of December, 1856, the Adver- tiser notes the first appearance of the bills of the Nemaha Valley bank. "Only ones, twos, fives, and tens are being issued at present. . . The capital, business qualifications, and integ- rity of all concerned in it are such as to render its bills a safe circulating medium." An ad- vertisement of the bank says: "This insti- tution dates its commencement from the 10th of November. Owing to the unfinished state of the banking house we have not thought proper to give out any public notice, though prepared at all times to redeem our paper in circulation."2 It is further stated that drafts on St. Louis will be sold for either gold or currency, thus indicating a reciprocal exchange of paper currency between the banks. This bank building was to be a two story brick, and as "we now have two brickyards in operation we may look for a class of elegant buildings."3 The exact dates of the opening and suspen- sion of these banks and the amount of loss resulting are not ascertainable, but the local press furnishes approximate facts: "Just as we were going to press last week news reached this city that the Western Ex- change bank at Omaha and the Fontenelle bank at Bellevue had suspended; also that the Platte Valley bank at Nebraska City had ex- hausted her supply of gold and consequently was on the suspended list. . . The West- ern Exchange bank, we learn, has made an assignment which of course winds it up. And as we learn the Fontenelle bank is owned and managed by about the same stockholders the fate of one may safely be considered the fate of the other. The Bank of Nebraska . . (at Omaha) so far as we are able to learn, holds its own. . ."4 1But Dr. Miller's estimate of Mr. Bradford is shown to have been very unfavorable, as late as 1868, when, in the Herald of Sept 2, he justified its late arraignment of his bad record. As a general rule, perhaps, the fact that Mr. Bradford had a sub- sequent career as delegate to Congress and judge of the territorial court of the adjoining territory of Colorado would silence adverse, criticism of his Ne- For about two years the local press main- tained a bold front not warranted by the real conditions. In the midst of all this wreckage our oracle holds out to the public that after a careful ex- amination of the condition of the Platte Valley bank, "we take pleasure in saying we found it creditable indeed. We found the resources: stock notes, $73,000; discounted paper, due in 30 and 60 days, over $5,000; cash on hand, over $1,000; notes of the bank in circulation, $33,000, which includes the Riddle, Barkalow and Mackoy issues. Those who ought to know best yet have every confidence in the Nemaha Valley bank." In the same article it is stated that the rumor that the Platte Valley bank at Ne- braska City had suspended was untrue and that "citizens who had any gold or silver went in and deposited with the bank." The De Soto Pilot5 delivered the following destructive broadside at the notorious Wau- beek bank: "The Nebraskian of the 8th inst., under the head of 'Bank Paper/ copies our article of the 4th inst., in regard to the so-called 'Waubeek Bank/ and then adds the following editorial: " 'We find the above in the De Soto Pilot of the 4th inst., and are surprised at the mani- fest injustice displayed by our contemporary. We are no admirers of the banking system of Nebraska. On the contrary we wish our laws positively prohibited banking on the pres- ent basis. The only security the bill-holder and depositor have, is the honor and integrity of the bankers. This being the case, we can see no good cause why the Waubeek Bank of De Soto should not have the confidence of the public, equally with the chartered banks of the territory. We have long known the man- agers of the Waubeek Bank as good, safe business men, whose integrity has never been questioned. Their references, as will be seen in our advertising columns, are unexception- able, and we cannot believe that they will be guilty of perpetrating any "cool and calcu- lating fraud."' braska career, but political conditions and methods on the far western frontier do not require, even if they permit the application of the rule here. 'Nebraska Advertiser, Dec. 13,1856. 3 Ibid., July 26, 1856. 4 Ibid., Oct. 1,1857. « July 18, 1857.LIBRARY OF THE UNIVERSITY OF ILLINOISTERRITORIAL BANKING 19 "In reply we have only to say, if to warn Soto.3 Have you? And your advertisement the public against an attempted fraud is in- of references, in the same paper, does not justice, then we have been unjust; and if to purport to be the 'Waubeek Bank of De Soto,' indorse the fraud and those who are engaged but the 'Waubeek Bank' And we say that in it to enable the perpetrators of it more the so called 'Waubeek Bank' has been circu- effectually to cheat the public is justice, then lating-—and we understand that it has already the Nebraskian is just, yea, twice justified, some $200,000 out—which is not made pay- Now any one can see, by referring to our able, either at De Soto, or at any of the places, former article, that we said nothing about or by any of the persons,, named* in. your ad- banks or bank paper, either in Nebraska or vertisement, nor -at iany othef plice legally, in elsewhere, but warned the public against this the United States or territories. We challenge thing called 'Waubeek Bank/ because it was you to this issue and the proof. We ask you no bank, and was circulating what were to tell the public, if you do not wish to help not legitimate bank issues. But the Nebras- these 'good and safe business men' to perpe- kian's honest and consistent editor comes out trate this fraud on the public, to point out and opposed to all banking, and attempts to in- tell us where 'Waubeek' is ? and where the dorse and bolster up this fraudulent affair, paper issued by your favorite so; called eWau- that is no bank, and issues its paper redeem- beek Bank' is made payable? able nowhere. We offered, in our first article, "We insert below an article from the Daily fair issues, that could easily be met, and—if we Chicago Times, of the 7th of June, and ask were wrong—disproved. We said, and we the Nebraskian or any defender of this so repeat, the managers of the Waubeek Bank/ called 'Waubeek Bank' to tell what the dif- so-called, were not residents, had no property ference is between this fraudulent cWaubeek' —no house here—and had no charter; now paper and that purporting to be of the Ar- you could and can confront us with the proof lington Bank, copied from the Times. Now of their corporate rights, by publishing their speak out, Nebraskian, and here understand charter or articles of association. You under- us, we do not stand on technicalities when we stand this but will not do it, for then the fraud say that this so called 'Waubeek Bank' has no would be made more palpable. You could charter, we mean it has no charter from the easily disprove us, if those 'good and safe legislature, or articles of association, which business men/ some of whom you are per- with us, in law, is equivalent to a charter, sonallv acquainted with, reside in Nebraska, under the general incorporation act of the or have any house or other property at De territory. But what we said we here repeat: Soto, by telling us the names, residence and The so called 'Waubeek Bank' has no charter, occupation of -these friends of the Nebraskian. no legal existence, and now assert that its We well understand why you would not and paper is not made payable at this place, or any will not do this, or produce any evidence to other which has a legal existence, either in contradict us and sustain your favorite. You Nebraska or elsewhere; and is a fraud on the talk about the 'Waubeek Bank of De Soto' public having 'the confidence/ etc.; We said nothing - - 0 . . _ _ about the Waubeek Bank of De Soto;' we November, 1857, the same have not seen of heard of any paper issued or paper notes the return of A. Castetter,1 who. made payable by a 'Waubeek Bank of De "manages the Nebraska business of the Wau- 1 Abraham Castetter, deceased, Nebraska pioneer braska, first settling at De Soto, where he with and founder of The Banking House of A. Castetter, others for a short time was engaged in the banking Blair, Washington county, was born at East Liberty, business on a small scale. Severing his connection O., Feb. 13, 1831, and died at Blair, Neb., Apr. 23, with the bank, he was made clerk of Washington 1900. He was a son of Rev. John and Ann Castetter, county, a position which he creditably filled for a and one of four sons of a family of eight children, number of years, in the meantime increasing his lim- His educational advantages were limited, and, other ited capital by buying and selling real estate. In than the instruction received at his home fireside, 1868, with the Messrs. Veniers, MacDonald, M. V. consisted of a three months' attendance at school. Wilson, and others, he commenced operating a fiour- At an early age he became a helper in a stove foun- ing mill near De Soto. Realizing the necessity and dry at Akron, O.. and later worked on his father's the field for a bank at Blair, Mr. Castetter, with M. farm near South Bend, Ind. He was of a studious V. Wilson as a partner, in the spring of 1869 estab- nature, and by study during his spare hours supplied lished a banking business, which was the nucleus of the deficiency caused by lack of opportunity to at- the present prosperous and solid Banking House of tend school. Early he developed notable intellectual A. Castetter. Soon after the establishment of the strength and keen business ability, and possessed bank, Mr. Castetter acquired by purchase the inter- perseverance and application that became a marked ests of his partner, and from that time until 1898 characteristic during his manhood years. With his conducted it in his own name, the institution being accumulated savings, m 1857, he removed to Ne- familiarly known as Castetter's Bank of Blair. ItTERRITORIAL BANKING 21 beek Bank of De Soto and says that the affairs of the bank are 'right side up.'" The Adver- tiser of August 26, 1858, has the following comment on the Waubeek bank: "This reliable institution closed its doors some two weeks since, leaving, it is said, a heavy outstanding circulation unprovided for. There are no assets visible to the naked eye—- even the safe and fixtures belonging to the bank having been sold out. . ..." Light is thrown on the condition of wildcat banks in general, as well as that of the Fon- tenelle bank, in the latter part of 1857 in the following paragraph: "This bank, like oth- ers, we regret to learn, will be compelled to close itk affairs permanently. Its assets will nearly if not quite, discharge all its liabilities; and we are happy to be enabled to say that no just censure can be thrown on its able cashier and manager, Mr. [John J.] Town, either for was conducted as a private bank until Oct., 1898, when it was incorporated under its present name, with A. Castetter president, F. M. Castetter vice- president, and F. H. Claridge cashier. All the stock of the corporation—capitalized at $100,000—is owned by members of the Castetter family. From the founding of the bank in 1869 never at any time was it considered otherwise than safe and sound, and during stringencies in the financial world, owing to the excellent management of Mr. Castetter, he had always the means on hand to protect his clients from loss, and uncomplainingly assisted them through uncertain times to solid* footing. As a banker he ranked high among the financiers of the East and West, who reposed in him the greatest confidence. He never invested in precarious and speculative securities nor in uncertain stocks. He was conservative, yet liberal to a degree that caused the farmers and business men of Washington county to depend upon him when they needed help. To those who were making a start in life, and who needed encouragement and financial aid he was al- ways kind and considerate. He appeared to remem- ber his^ own early struggles, and his sympathy was ever with those who, battling against adversity and odds, were manfully trying to win, and to such he always held out a helping hand. He was a close student of human nature, a lover of books and periodical literature, and kept thoroughly abreast with the progress made in science, politics, and par- ticularly in financial matters and methods. He de- veloped strong philanthropic traits during his latter years, and gave freely to charity, and particularly dispersed with a free hand to those sick and in need. Hundreds of the needy, who often were strangers to him, were recipients of his aid even without their asking. He detested publicity of his acts of charity, and his good work was done quietly and often with- out the knowledge of others than the giver and the recipient. Personally he was a plain, unostentatious man; always courteous, ever gentle, yet firmness was portrayed in every lineament of his face. He was not an active member of any order of secret charac- want of prudence in its management, or the justice and honesty of the mode of liquidation adopted."1 The same journal of October 15, 1857, published a card over the signature of LeRoy R. Tuttle, cashier of the Western Exchange bank of Omaha, dated October 5, which says that he has made a statement of the affairs of the bank to the bankers and citizens of Omaha which, he is assured, is entirely satisfactory to them ; and that in addition to the assets which of themselves were sufficient to meet the liabilities of the bank, he had placed in the hands of a trustee securities equal in amount, "for the further safety of depositors and the outstanding circulation." Mr, Tuttle hoped to place the bank on its, former footing. This card is followed by a statement of Enos Lowe, John A. Parker, and Albert U. Wyman,2 trus- tees, that "not a doubt exists in our minds ter, though in early life he joined the Independent Order of Odd Fellows, from which he soon with- drew. By his good business methods he amassed a large fortune, and besides his banking property and other financial interests, left valuable real estate in Washington county and other parts of Nebraska, and large real estate holdings in Chicago. He was married May 9, 1854, at Williston, Vt., to Miss Helen M. Phelps who, during his early struggles for success, by her love and advice as well as material help, assisted him in his aims. During the time he was clerk of Washington county she was his deputy, and later was his counselor m his banking enter- prise. She is the mother of six children, four of whom are living, namely: Miriam Emeline, born in South Bend, Ind., now the wife of B. F. Haller, a pioneer merchant of Blair; Francis Marion, born Juiy 5, 1858, at De Soto, Neb., married to Anna, daughter of Dr. H. Noble of Blair, and now presi- dent of The Banking House of A. Castetter; Helen May, born in De Soto, and married Dec. 29, 1886, to F. H. Claridge, who for more than twenty years has been cashier of the Castetter bank; and Flora Lucinda, born in Blair, Dec. 24, 1869, the wife of Joseph H. Nash, a grain merchant of Cedar Rapids, la. The first child of Mr. and Mrs. Castetter, a son, Benjamin Franklin, born in South Bend, Ind., died in infancy, as did also their fifth child, Delia Viola, who was born in De Soto. 1 Pacific City (la.) Enterprise, Oct. 8,1857. 2 Albert Uriah Wyman, pioneer, Omaha, Neb., was born Sept. 25, 1833, at Cornwall, Can., where his parents were temporarily residing. He is descended from Francis Wyman, who, with his brother John, removed from West Mill, County of Herts, England, and in 1640 settled in Woburn, Mass. A house built by him in 1666 is still standing in a part of the town which is now Burlington. The house was used as a garrison in the Indian troubles, and the portholes and scars of warfare are still to be seen. His grand- father, Levi Wyman, was a volunteer ^ with General Stark at the battle of Bennington. Thirty-two other22 HISTORY OF NEBRASKA that the assets will greatly exceed the liabil- ities. . But in addition property to the amount of nearly $80,000, at a low valuation, has already been conveyed for the benefit of the creditors every one of whom, we confidently believe, will be satisfied in less than ninety days." Depositors and note-holders are there- fore advised that they "should not make a sacrifice of one cent." This is followed by a further statement over the signatures of Ori- gen D. Richardson, Frank D. Gridley & Co., David H. Moffat, Jr., Gilbert C. Monell, Ben- jamin B. Barkalow, John McCormick1 & Co., Henry M. Dakin, Andrew J. Poppleton, and Frank M. Akin that Mr. Turtle's showing was entirely satisfactory, and that the securities which he had made over, in addition to the members of the Wyman family served in the conti- nental army during the Revolution. When Albert U. Wyman was six years of age his parents removed to Madison, Wis. His schooling was confined to the common schools and a newspaper office. At the age of seven he began typesetting in his father's office, being then forced to stand upon a box in order to reach the case. He soon became a rapid compositor, and in 1847 had the reputation of being the swiftest typesetter in Wisconsin. He became a member of the firm of Wyman & Sons, and when he was fifteen years old his brother. William H. Wyman, and him- self were selected as state printers by the legislature. About 1852 he took a trip through the South as a journeyman printer, working jn Memphis, Natchez, and New Orleans, returning by the way of Cincin- nati and other northern cities. In 1856 he removed to Omaha and became teller in the office of the Western Exchange Fire and Marine bank, of which LeRoy Tuttle was cashier. In the late '50s he made an overland trip to Denver, returning by the same route. Mr. Tuttle became cashier of the treasury, and in 1863 he called Mr. Wyman to Washington to assist him. Beginning with a $1,200 clerkship, Mr. Wyman occupied successive higher grades, be- came chief of the division of national banks (which division he organized), assistant cashier, cashier, as- sistant treasurer, and treasurer, to which latter office he was appointed by President Grant in June, 1876. He occupied the office of Treasurer of the United States for about a year, then relinquished it, owing to ill health, and assumed the lighter duties of as- sistant treasurer. In 1883 he was again appointed treasurer, receiving the appointment from President Arthur. He occupied this position until May, 1885, when he removed to Omaha to become president of the Omaha Loan and Trust Co., vice-president of the Omaha National bank, and president of the South Omaha National bank, which latter he or- ganized. In Washington he met Sterling P. Rounds, who was then government printer. While a boy Mr. Rounds had worked the handpress in the Mad- ison printing office while young Wyman inked the type. Mr. Wyman affiliates with the Republican party, and while not taking an active part in politics he takes a deep interest in public questions, and lends the weight of his counsel to his party. Mr. Wyman was engaged in the public service at Wash- assets of the bank, were amply sufficient for the safety of all its creditors. The same jour- nal is glad to learn that the Platte Valley bank has "survived the almost total wreck of the Nebraska banks." The Nemaha Valley bank changed hands in July, 1857, and the new managers an- nounced that they had made arrangements for redemption of its notes "at other points than its own counter ;" and the Advertiser com- plained that this important matter had been neglected heretofore and that the bank had failed to provide for the public accommodation in the way of dealing in exchange, loaning funds, etc., and thus "has created no favor- able opinion." The advertisement in ques- tion ran as follows: "Bills will in future be ington during the Civil war but sent a substitute to the field before the draft. He belongs to various clubs in Omaha and is always welcomed in club circles. He is a Mason and is a member of the Episcopal church. Mr. Wyman was married to Miss Harriet Catherine Fake, Jan. 2, 1860, at Omaha. She was the daughter of Mr. and Mrs. Henry Fake. Two children, Henry F. and William T., were born to them. Mrs. Wyman died Feb. 11, 1876. A few years later Mr. Wyman was married to Mrs. Mar- garet T. Roosa, and of this union one child, Helene, has# been born. Mr. Wyman is prominent in the business life of Omaha and has been identified with many of the most notable business enterprises of that city. 4John McCormick, deceased, was born at Johns- town, Pa., Sept. 12„ 1822, removed with the family to Cadiz, O., where he received his business training in a general country store, and about 1845 engaged in the same line on his own account. He continued business in Ohio until 1856, when he moved to Omaha and engaged in banking and real estate op- erations. In Mar., 1859, in partnership with Jesse H. Lacey, he started the first exclusive wholesale gro- cery house in Omaha, under the firm name of Lacey & McCormick. Shortly after, two of Mr. McCor- mick^ brothers were taken into the concern, the style of the firm being changed to John McCormick & Co. When the present town site of Omaha was purchased from the general government, Mr. Mc- Cormick was selected as trustee, and the entire prop- erty was deeded to him. When the proper time arrived the title was transferred to David D. Belden, then mayor, and from this source all real estate titles in Omaha start. Mr. McCormick represented Douglas county in the council of the 9th territorial assembly, and was a member of the first city council. He was a large investor in government contracts for supplies and transportation, and also in city real estate. He built the first grain elevator, which stood on the ground now occupied by the B. & M. freight depot. Mr. McCormick was twice married, his first wife being Miss^ Miller, by whom he had one daugh- ter, Miss Woodie McCormick. His second wife was Elizabeth Miser, a sister of Mrs. J. H. Lacey, who bore her husband two sons: Charles and John. One daughter, Mrs. Zera Snow, now resides in Portland, Ore.TERRITORIAL BANKING 23 redeemed at the counter in Brownville, Ne- braska, in coin or exchange; and at the fol- lowing places in currency or exchange at current rates: E. J. Tinkham & Co., bankers, Chicago; John J. Anderson & Co., bankers, St. Louis; Warren County bank, Monmouth, Illinois; T. L. Mackoy & Co., bankers, Gales- burg, Illinois." T. L. Mackoy has become president of the newly organized Nemaha Valley bank. The bank announces that it "buys and sells exchange, receives deposits, makes collections, and attends to all business connected with legitimate banking."1 Nebraska banks were de- fended, relatively, as follows: ' 'There have been less bank failures in Nebraska than in any State or Territory in the Union. There have been three bank suspensions in our territory and five specie pay- ing banks, while the banks of New York City and all New York and of the States in a mass have suspended specie payments. "We need not inform the readers of the News that the above is not intended as any defence of Nebraska's Bank- ing system. Of it we have spoken in terms which cer- tainly cannot be misunder- stood o r misrepresented. Our position is clearly understood, that we are opposed to the banking system, that we are a hard money man, at least in favor of approx- 1 Nebraska Advertiser, July 23, 1857. 2 Nebraska News, Dec. 19, 1857. 'Nebraska Advertiser, Jan. 14, 1858. 4 Mar. 9, 1858. 5LeRoy Tuttle was born Jan. 1, 1821, at Colum- bus, Chenango county, N. Y., and began his career as a banker at Cooperstown, N. Y., later removing to Jlion, N. Y. He migrated to Nebraska in 1855, where he was one of the founders and became cash- ier of the Western Exchange Fire and Marine In- surance Co., which was authorized by its charter to carry on a general banking business, which it did. Shortly after, Mr. Tuttle disposed of his stock in this corporation and returned to his home in Ilion, N. Y. Then this bank with others was forced to close its doors. Mr. Tuttle, although in no way responsible under the law, returned at once to Om- imating to that standard as fast as our com- mercial interests will allow and the general wants of the public justify. For ourself, we should like to see no bank bills smaller than fifty or twenty-five dollars and their redemp- tion secured by something else than the pledges of doubtful men, or good men, either."2 Neither the still familiar aspersion of the West nor the ready retort was wanting: ". . . Many others of our contemporaries have done us the justice to make the statement that 'so far as Nebraska was concerned during the revul- sion she has nobly sustained / herself; and suffered fewer bank failures, in proportion, than any other State in the Union.' "We have said more now on this subject than we in- tended, but we are deeply concerned and feel keenly in this matter. The facts in the case are simply this: Out of eight banks in the territory, only three have suspended, and they would not have been compelled to, but for their connection with unsound east- ern institutions; and this is, therefore, not the result of mismanagement on the part of the directors."8 The Omaha Times4 wishes that there were no banks in Nebraska, but with strange lack of penetration, insists that the Bank of Tekamah, the Western Exchange, and the Ne- aha and voluntarily put up his entire private prop- erty to secure the issues of the bank, remaining until its affairs were entirely liquidated, when he returned to New York. In 1861, upon the request of Francis E. Spinner, Treasurer of the United States, he en- tered the service of the government in the treasury department at Washington. He was afterward ap- pointed assistant treasurer of the United States, holding three successive commissions in the service, his last being during the term of President U. S. Grant. On Nov. 1, 1886, Mr. Tuttle was appointed acting Treasurer of the United States, and occupied this position with full powers for a period of about six months, or until the return from Europe of F. E. Spinner. He resigned from the treasury depart- ment in 1875, and for about three 3rears was confi- dential agent at Washington of the corporation of E. Remington & Sons, of Ilion, N. Y. He then gave up active business and devoted his time most leroy tuttle5 Cashier Western Exchange Fire and Marine Insurance Co., OmahaTERRITORIAL BANKING 25 braska bank of Omaha are sound. The Quincy (111.) Herald of June 18, 1858, notes that Governor Richardson is making war on the wildcat banks, and quotes from the Coun- cil Bluffs Bugle as follows: "These vigorous measures are being re- sorted to, we understand, by reason of the late failures among Nebraska banks, and the general irresponsibility of those institutions. The late sudden suspension of the bank of Tekama—with a large unsecured circulation in the hands of our citizens—has seemed to call for some action of this sort on the part of the executive, and the promptness with which he 'takes the responsibility' indicates that all illegal and unsound institutions are to have a brief existence." That these banks actually redeemed their notes on presentation, to some extent, until shortly before their final extinction, is learned from statements of contemporary newspapers. Thus the Advertiser:1 "Doubts are again ex- pressed in reference to the Florence bank although they still redeem small sums at the counter." The Nebraska News2 says of the Platte Valley bank : "The bank has al- ways and still continues to redeem at its counter all bills presented, and we have every confidence in its ability to redeem its entire circulation which is now being rapidly re- tired." The same paper3 gives from the Council Bluffs Bugle the quotations of the Nebraska banks, "as received in this city." Those quoted at par were the Bank of Ne- braska, Bank of De Soto, Bank of Tekamah, Platte Valley bank, and Waubeek bank, De Soto. The Nemaha Valley bank is quoted at 50 per cent discount, the Western Exchange at 75 per cent, the Fontenelle of Bellevue, at 60 per cent, Bank of Florence, 80 per cent. The Bank of Dakota and Omaha scrip are not awarded any quotation at all. The same paper quotes the Council Bluffs Bugle again - as follows: "This institution [Bank of Flor- ence] has gone up and utterly failed to re- deem its issue. We are informed that the successfully to private real estate interests in Wash- ington, D. G, where he died Nov. 26, 1894. 1June 3, 1858. 2 June 5, 1858. small sum of $98 was presented at its counter for redemption on Saturday last, when the holder was very politely informed that the bank had neither currency or coin with which to redeem that small amount. * We regard the 'cat' as dead, and quote it at 80 per cent discount." The Nebraska News of March 20, 1858, quotes a statement from the Omaha Nebras- kian that the agent of the United States Ex- press Co. in Omaha had received by express $98 in bank bills, purporting to have been issued by the Brownville Bank and Land Co., when the existence of such an institution was not known. The News adds that "a large amount of this fancy trash is in circulation in Bloomington, Illinois, and Janesville, Wiscon- sin. Very likely parties there know more about the 'Brownville Bank and Land Com- pany' than parties elsewhere. We warn the people against the stuff. It has no legal ex- istence, and is utterly feline in each and every characteristic." The Omaha Times* states that it had received a letter from a person at a distance stating that he had $800 of the bills of this alleged Brownville bank, and in- quiring' if it had a place of redemption in Omaha. The Times replies that "the whole thing is a grand swindle got up by foreign sharpers who, by dating their wildcat issues from bur midst, have thrown upon our ter- ritory and our people a stigma which we do not deserve." The Times5 publishes under the head "Redemption of City Scrip" a city ordinance providing for the sale of city lots and authorizing city scrip to be received in payment. It is thought that bidding will be spirited, "as scrip is now supposed to be slightly below par." Special emphasis had been placed upon the reliability of Cook & Sargent, but the Times6 states that, according to the Davenport State Democrat, yells of execration were given for the proprietors of the Florence bank—Cook & Sargent. It appears that the crowd assem- 8 Feb. 27, 1858. 4 June 17,1858. 5 July 15, 1858. 6 Aug. 26, 1858.26 HISTORY OF NEBRASKA bled at the Davenport bank of this firm and "after some ugly demonstrations adjourned to visit the bank on the following morning. The military companies of the place had been called out to protect the bank." The Advertiser1 notices the Tekamah fail- ure as follows: "Messrs. Carson & Lushbaugh, bankers of this city, had returned to them on Tuesday last an amount they had sent to Omaha for redemption, the bank failing to redeem it. At Omaha the bills are said not to be worth 2J/2 cents on the dollar. A gentleman just down from above, informs us that the sheriff of Burt county had seized upon the bank and safe, which he opened, but found nothing but Tekama bills." The Nebraska City News2 gives the follow- ing information under the caption, "The Tekamah Wild Cat:" "Maj. James D. White3 has just returned from the den of this ferocious animal, and reports him to be one of the greatest in size, and most ferocious of any of the species that have yet been discovered in Nebraska; not excepting the Fontanelle or Nemaha. The Major says that he made diligent search for the animal for several days, and finally found him in an obscure corner of land in the lower edge of Burt county, saw him in all his native wildness. "We may say that the whole of the matter is—that the wild cat banking institution is gone up—and not only has it gone up—but it has taken many with it. Maj. White says he has examined the records of every county above this and is satisfied that the'bank of Tekamah or its stock holders have not five hundred dollars assets in the territory. The banking house is a little shanty, 10 by 12, and its furniture consists of an old table and a stove. The whole institution was attached on last Saturday to secure $207.00, and Dr. Henry, who had it attached, thinks it is hardly sufficient to secure the debt. "The major says he presented a small sum - —$1000—and demanded payment. The teller —a rather good looking specimen of the genus homo—quietly remarked that he had no funds nor never had—that he had redeemed a small 1 May 27,1858. 2 May 29, 1858. 8James D. White came from Georgia with Judge Edward R. Harden. He was engaged in the land business at Nebraska City with Mastin W. Riden in amount for the neighbors (a blind man and a poor widow) out of his own funds, and that it was being run in such quantities that he had concluded to suspend specie payment, and was inclined to keep enough to take him to Indiana. From the best information the major was able to gain, the bank had issued $99,000, which is all of course in the hands of the people that have placed implicit confi- dence in the bank, and the praying republican leader, Rev. William Young Brown, Esq." The same journal4 makes the following statements under the heading, "Bank Benefits in Nebraska:" "The Fontenelle bank at Bellevue was char- tered at the legislative session of 1855-56, the principal figurer and manager to secure its incorporation being Gen. L. L. Bowen, of that place, who probably realized about three thou- sand dollars by the sale of the same to Greene, Weare & Co. This bank failed last fall, bene- fiting bill-holders by swindling them out of ONE HUNDRED AND FIFTY THOUSAND DOLLARS and thereby illustrating the fact that 'corpor- ations have no souls' and that some banks have no bodies. "The Nemaha Valley bank was chartered at the same time. The records show, how- ever, that the bill creating it was once killed in the House, but was revived by a motion to reconsider. This motion was made by Dr. John C. Campbell, at the very importunate and earnest solicitation of the Hon. James H. Decker of Otoe county, late speaker of the House. And this bank has failed too, also swindling bill-holders to the tune of thou- sands of dollars; illustrating the fact that Nebraska wild cats have at least two lives, and are much more fearful in their second existence, especially when that existence is given them bv a motion to re-consider, than they are in their days of early kittenhood. "The Bank of Florence, which was brought into existence by the strenuous exertions of the Hon. James C. Mitchell, has also caved in, and instead of a full-grown cat, is nothing now but the unstuffed skin of one, having in its day caterwauled the people out of a good hundred thousand dollars, illustrating the fact that if Florence did stand upon rock bottom her bank didn't. 1856. In 1858 he was city assessor and was also advertising himself as an auctioneer, making a spe- cialty of crying land sales. 4 June 12,1858.■t Ur i d£ UNIVERSITY Of ILLINOIS7^far T/!/£s~terri t5> . /-VTERRITORIAL BANKING 27 "There are ' several other bank failures which have transpired in Nebraska that we intend to notice hereafter. Meanwhile a re- view of the records will refresh the minds of the people by showing- them who were bank men among their representatives and who were not." The Omaha Times of June 24, 1858, Wil- liam W. Wyman editor, complains bitterly because Nebraska's financial reputation has suffered on account of the wildcat banks which have been owned and operated by Iowa men: "One of the most savage of the Nebraska wild-cats was the Fontenelle bank of Bellevue. It was controlled, we believe, and principally owned by Greene, Weare and Benton, Greene and Weare residing* in Cedar Rapids, and Col. T. H. Benton residing in Council Bluffs. Will any of the citizens of Pottawattamie county step into a store in Council Bluffs and inquire the value of Bellevue money f An- other of the defunct cats of Nebraska was the Nemaha Valley Bank of Brownville, started and managed for a while at any rate, by your fellow citizens, Judge Riddle and Benjamin R. Pegram, Esq. What now is the value of that paper? Another of the used up institutions is the 'Western Exchange Fire and Marine Insurance Co.,' an institution controlled, prin- cipally we believe, by Greene and Weare, of Cedar Rapids, Col. Benton, of Council Bluffs, and Henn, Williams & Co., of Fairfield, Iowa. What is the paper of this bank worth at pres- ent? Not 100 cents on the dollar, yet it has some assets. The Bank of Tekama, we ad- mit, was a mongrel concern, and yet it never would have done any harm if Iowa men had not given it a credit. We shall not name any more of these banks at present, or the names of their owners, excepting the Bank of. Flor- ence, and we ask our readers to remember that it is owned and managed by that very rich and active -firm, Cook & Sargent, of Dav- enport. Our object in naming the above is obvious. "If such men as we have named, who are held to be, and no doubt are, among the best in the state of Iowa, cannot or do not so man- age the little banks established by them in Nebraska, how are they, or men no better ijune 26, 1858. 2 Nebraska Advertiser, July 1,1851. 8 John Lind Carson, deceased, was born in Mer- cerburg, Franklin county, Pa., Aug. 30, 1832, died in Lincoln, Neb., Dec. 30, 1897. He was a son of. qualified by experience, and no more able financially, to carry on successfully a system of banking under a law of Iowa ? "If they could not carry on banking in such a way as to protect bill-holder3 and depositors to a limited extent in Nebraska, how can they do so in Iowa on a larger $nd more extensive scale? We call upon you then, ye men of Iowa, to look before you leap, and if you have a Tekama picture or an Exchange Bank rag, or a Nemaha Valley, or a Fontenelle piaster, just take a good look at it, and remember that if you vote 'for the state bank/ or 'for the free bank law' you will vote into your pockets another batch of the same sort of pictures, rags and shin-plasters. Such will be the in- evitable result of either system of banking in Iowa." Under the heading, "Destructive Conflagra- tion ! Loss $40,000!" the News1 proudly prints the record of the Platte Valley bank: "A fire occurred in Nebraska City on the morning of Tuesday, June 22, 1858, at which forty thousand dollars were consumed. The fire broke out in the front of the bank build- ings and immediately adjoining the Platte Valley Bank itself. It was no doubt the work of an incendiary and strong suspicion rests upon two or three of the officers and directors of the bank who were seen to throw turpentine upon the flames whenever any headway was being made by the by-standers to extinguish them. "The property destroyed was forty thou- sand dollars in the issues of the Platte Valley Bank and this together with sixty-five Thou- sand burned at a previous time makes One hundred and -five Thousand Dollars which this institution has redeemed and put out of exist- ence. We take Platte Valley." The Advertiser2 contains the following item: "At the recent session of the district court for this county, in the case of Nebraska terri- tory vs. Nemaha Valley Bank, on the testi- mony of Alexander Hallam, cashier, the jury brought in their verdict that the bank had vio- lated its charter. The court, therefore, de- clared the charter forfeited, and appointed as trustees, under the law, John L. Carson,3 Oba- James Oliver and Rosanna Marshall (White) Car- son, the former a judge in western Pennsylvania, and a wealthy merchant. John L. Carson was edu- cated in the public schools of his native town, and then received excellent business training as a clerk in his father's store. In 1854 he borrowed from his28 HISTORY OF NEBRASKA diah B. Hewett, and John S. Minick, into whose hands all the effects are to be placed on their filing a joint bond of $20,000 for the faithful performance of their duties." To this the cashier makes reply as follows: "You say, 'On testimony of Alexander Hal- lam,1 cashier, the jury brought in their ver- dict/ etc., etc. "From this it would appear as though there were no extenuating circumstances. Judge Black charged the jury that if my evidence established the fact of the bank's suspension in September last, and that it did not again resume specie payment before the commence- ment of this prosecution in November follow- ing, then they must bring in a verdict of ftDrfeiture. Although examined minutely in regard to its liabilities, assets, &c., and its conduct since, the circumstances which prove much in favor of leniency, still the judge charged the jury only on the above facts. The counsel for the defense took exceptions and we expect in a higher tribunal to get a reversed judgment. "Alex. Hallam, Cashier."2 On this date the Advertiser gives an ac- count of the ownership of the banks, and also indulges in a vigorous objection to the system father sufficient money to engage in the real estate business, and that year settled in Keokuk, la., where in three # years* time he repaid, with interest, the money his father had advanced, and had in addition sufficient to remove to Nebraska in 1857. He settled at Brownville, then a prosperous town, and with Benj. F. Lushbaugh engaged in the banking busi- ness, conducting the first bank in that town, follow- ing the Nemaha Valley bank. They continued the business as a private bank for some years, and then reorganized it as a national bank, and about 1886 removed it to Auburn, Neb. Mr. Carson was presi- dent of the bank from the time of its organization until his death. He became well known in southern Nebraska as an able financier. In 1891 he with his family removed to Lincoln, and was elected presi- dent of the First National bank of Lincoln, at a time when adverse financial conditions threatened its solvency, and he aided greatly in keeping it going until it was reorganized on a sound basis. He was diligent in his attention to business, and generously rewarded his employees for faithful and efficient services. He was particularly a benefactor of prom- ising young men, and assisted them in many ways to gain success. Some of the well-known financiers of Lincoln, and other parts of Nebraska as well, owe much of their success to the kindly advice and substantial encouragement given them by Mr. Car- son. He was a republican, but in the political world he was little known, as he never had time or in- clination to hold or seek office. When the Civil war broke out, he left his bank at Brownville, enlisted in the volunteer army, was made a captain in the commissary department, and when General Grant was stationed at Cairo, 111., was placed in charge of of wildcat banking, which illustrates again the cost of the school of experience; for the editor, Robert W. Furnas, was consistently estopped by his support of the bank charters, as a member of the legislature, from criticism of the principle of irresponsible banking: "We are opposed to granting any more bank charters in Nebraska and in favor of wiping out all heretofore granted, that have closed their doors; and, further, around those that have sustained themselves, we are in favor of throwing such guards, protections, or restrictions as will give confidence to the bill-holder. We are opposed in the first place to granting bank charters in Nebraska, be- cause the United States law, passed July 1st, 1836, section 1, which reads as follows, is yet in existence, and such grants, therefore would be unconstitutional: " 'Sec. 1. No act of any of the territories of the United States incorporating any insti- tution with banking powers or privileges, hereafter to be passed, shall have any force or effect whatever until approved and con- firmed by congress/ "We are not prepared to say we are opposed to banking in to to, and in every form, or by any principle, whatever. There is perhaps, the supply depot there. In 1880 he was appointed one of the regents of the Nebraska state university, but after serving for a year resigned on account of his belief that he could not devote the time neces- sary for the proper performance of the duties of the office. Captain Carson was a member of the Loyal Legion. He was reared in the United Presbyterian faith, and was liberal in his support of charity and works of a philanthropic character. He was mar- ried Mar. 17, 1863, to Mary, the daughter of John and Mary (Craven) Masters. She was born in Wayne county, O., and with her parents removed to Brownville, where she was married. She died in Lincoln, Dec. 31, 1901. Four children were born to them: James Oliver, born May 11, 1864 (died at the age of three years and nine months) ; Mary Mar- shall, now the wife of Hamilton Bowman Rollins, a prominent citizen of Columbia, Mo.; John Lind, vice-president of the Carson National bank of Au- burn, Neb.; and Rosanna Carson, who resides in Lincoln. /Alexander Hallam died at his residence in Ne- maha county, Sept. 1, 1863. He was a native of Richmond, Va., but was educated in Connecticut. He came to Nebraska in 1856 as cashier of the Nemaha Valley bank. After the failure of that institution he moved to Glenrock, Nemaha county, and built a flour mill. There he continued to reside until his death. He is said to have been a good business man, and became financially embarrassed and lost large fortunes several times from his weak- ness in going security for other men's obligations. He left a wife and eight children. 2 Nebraska Advertiser, July 8, 1858.TERRITORIAL BANKING 29 owing to the nature of the business of our country, a demand for something of the kind. But where and when they do exist, the most ample security should be given the bill-holder; and the banker or bankers should be money lenders not money borrowers. "We are opposed to more banks in Ne- braska because we have not the home capital to engage in a legitimate, safe, reliable and healthy system of banking, and the conse- quence would be as has been, that non-resident operatives, unknown, unreliable men conduct affairs, and upon regular 'wild cat' principles, and in the end the people are most shamefully swindled out of their hard earned means. "As shedding further light and in substan- tiation of the foregoing idea, we give place to the following extract from a communica- tion in the St. Louis Republican, written by a resident of this territory, evidently well posted. He says: "'The Nemaha Valley Bank located at Brownville, and which is suspended, is wholly owned in the state of Illinois. A part of the stock of Platte Valley bank, located at Ne- braska City, is owned in the territory, the balance in Missouri and Illinois. The Fon- tenelle Bank of Bellevue, located at Bellevue, which is hopelessly defunct and the grossest swindle of the whole, is wholly owned in Illi- nois and Iowa. The Western Exchange Fire, and Marine Insurance, commonly called the Western Exchange Bank, located at Omaha City, and which is also suspended, is at pres- ent wholly owned at Galva, Illinois, and was formerly owned in Iowa and Illinois. The Bank of Nebraska, located at Omaha, is wholly owned in Iowa. The Bank of Florence, which has also suspended, is also owned in Iowa. The Bank of De Soto, located at De Soto, is owned in Wisconsin, and the Bank of Teka- mah, located at Tekamah, and which has re- cently suspended, is owned in Indiana and Missouri. These are all the banks in the territory—all others have no legal existence whatever. Here then are the facts—these in- stitutions are not owned or controlled by the citizens of Nebraska, (except the controlling influence of one of them—the Platte Valley) but are managed by the citizens of other 1 July 26, 1856. 2 Samuel H. Riddle was born in Shelby county, Ky., and migrated to Savannah, Mo., where he en- gaged in the general merchandise business. While living at Savannah he shot and killed a man who had made an assault upon him. He was indicted and gave bonds, but soon after removed to Council Bluffs, la. In Apr., 3853, he was elected judge of the seventh judicial district of Jowa, composed of states, and are made the vehicles of the gross- est frauds upon community—and then the whole charge of fraud, corruption and swin- dle, and all that is mean and disreputable is heaped upon Nebraska. Is it right? Is it just? I answer, most unequivocally, No! "Here is the record, read it: "Nemaha Valley Bank, Galesburg, "Platte Valley Bank, Nebraska City. "Fontenelle Bank of Bellevue, Elgin, 111. "Western Exchange Fire, Marine and In- surance Co., Galva, 111. "Bank of Nebraska, Council Bluffs, la. "Bank of Florence, Davenport, Iowa. "Bank of De Soto, Wisconsin. "Bank of Tekama, Bloomington and Gos- port, Indiana. ' " The same paper1 had given the Nemaha Valley bank the following fine character: "Recent additions of business men have been made to this institution. Judge Samuel H. Riddle,2 Henn, Williams & Co., and Benjamin Rush Pegram, of Council Bluffs, Iowa, are now associated in the management of this bank. Where these men are known— and that' is throughout the whole western country—it is unnecessary for us to say that they are men of experience, capital, and busi- ness qualifications. The Nemaha Valley Bank, in the hands of such men, will occupy a posi- tion in the front rank of banking institutions." The Advertiser/ in making note of a rob- bery of the Platte Valley bank, of Nebraska City, testified to the soundness of the institu- - tion thus.: "A bank that has gone safely through the financial crisis of late, never in a single in- stance failing to make satisfactory provisions for every demand, is not to be injured by the stealing of a few thousand dollars, or the op- position and prejudicial reports of a few jeal- ous enemies. If anybody has 'Platte Valley' they wish to get rid of, we take such at this office for subscription and job work at par, and 10 per cent premium on old debts; and we further would like very much to take it in exchange for good property in this place and nineteen western counties of the state, but as he had no legal education, had never been admitted to the bar, and never claimed to be a lawyer, up to that time, the canvassing board refused him a certificate of election. The vacant judgeship was filled, June 34, 1853, by Governor Hempstead appointing Riddle, the latter in the meantime having been admitted to the bar. 3 July 21, 1859./TERRITORIAL BANKING 3i other parts of the territory. Platte Valley is just as good money as we want—have but one objection—it is too scarce and difficult to get hold of." The Nebraska City News, of July 31, 1858, made a vigorous assault on Mills S. Reeves, a candidate for councilman from Otoe county, on the ground that he supported the wildcat bank bills in 1857: "If there was a single cat in Nebraska more wild, more feline in every characteristic than another, it was the bank of Tekama. It was a base fraud, an open swindle, a lie and a cheat from the beginning unto the end. . . Let those who still retain Fontennelle, De Soto, Tekama and Nemaha Valley rags in their pockets ask themselves if they desire a con- tinuance of such a record as Mr. Reeves offers to the independent voters of Otoe county for endorsement.,, The Dakota City Herald, edited by Dr. George B. Graff,1 published an editorial arti- cle,2 which, though sharply partisan, is still an interesting contribution to the history of wild- cat banking in Nebraska: " 'Resolved, That we are irreconcilably op- posed- to the incorporation of banks or of banking institutions, or to the creation of an unlimited territorial or state debt/ "The above is one of the resolutions in the platform of the democratic party, as enunci- ated by its convention at Plattsmouth. It will be seen that one of the cardinal principles of the party in the territory is hostility to banks and the burthening our young and prosperous territory with an unlimited debt, to hang over it like a mighty incubus, crushing out all its energies and prosperity. "How different in comparison is the action of the crowd of men that assembled at Belle- vue under the name of a 'Republican conven- tion.' Not one word is said by them in opposition to wild cat or any other kind of banks, or to the amount of the state debt. xDr. George B. Graff was born at Hagerstown, Md., May 10, 1816, and died Mar. 16, 1885. He was married Oct. 31, 1844, at Princeton, Ind., to Miss Margaret Amanda Stanment. In 1859 he was ap- pointed receiver of the land office at Dakota City, Neb., and with his family removed to that place in April ©f that year. He became editor and proprietor of the Dakota City Herald, Aug. 13, 1859, and was appointed agent to the Omaha Indians in 1860. He was county clerk of Dakota county from Apr. 4, 1863, to Oct., 1865. After his term of office had ex- pired he removed to Omaha, and with Robert C. "It is well known that the opposition party have always been in favor of banks. But we had no idea that the broken down gambling politicians, wild cat bankowners, bankrupts of the states, and unscrupulous speculators who composed the Bellevue convention would have the effrontery to thus countenance banks and state debt, by not declaring their opposi- tion to them. . . "Look for instance at the history and facts of banking in Nebraska. At the first session of the legislature, the Western Exchange Bank was incorporated, which went into oper- ation in the winter of 1855-56. The Nemaha Valley Bank of Nebraska, and Platte Valley, were incorporated in the winter of 1856-57. The Banks of De Soto, Tekama and Fon- tenelle were chartered and all were in full tide of operation in the spring and summer of 1857. The country was actually deluged with the paper of them banks. In the following fall and winter the crash came. First went the Western Exchange and the balance soon came tumbling after. Hundreds were made bankrupt by their failures, and swindles, and every one in the country suffered more or less, and to this more than to any other fact are we indebted for the present hard times in Nebraska. "The following is about the amount the people have been swindled out of, by these several institutions that failed, as near as ever could be ascertained: Western Exchange bank...........$150,000 Nemaha Valley bank.............. 75,000 Fontenelle bank.................. 35,000 Tekama bank.................... 90,000 Waubeek bank ................... 30,000 $380,000 "Making a handsome total to swindle the people out of in the short space of one year. Such operations would bankrupt and impov- erish any people, and yet, judging the repub- lican party as they claim to judge ours by their acts, they are in favor of these wholesale swindles. Jordan engaged in the hardware business under the firm name of Graff & Jordan. Later, in partnership with J. N. H. Patrick, he engaged in the manufac- ture of brick, and subsequently opened a life insur- ance office. During# his later years he was inter- ested in Wyoming oil lands and devoted himself to their development. He had four children of whom two, Robert and Fannie, died early, while his widow and two sons survive him: Joseph of Omaha and John at Rawlings, Wyo. 2 Sept. 10,1859.32 HISTORY OF NEBRASKA "It is a well established fact that one of the great file leaders of the republican party (Wil- liam Young Brown) was engaged in the Te- kama swindle, and out of it made the money that in the first place, purchased the office of the 'Nebraska Republican/ the organ of this party in the territory, and established it at Omaha. "It has since passed into other hands, but if it had not been for the Tekama Bank and its robberies of the people, it is probable that the party would not at this day have an organ to advocate its principles." The democratic convention of Otoe county, held July 19, 1858, incorporated in the plat- form the following anti-bank declaration: "Resolved, That all our candidates for the legislature take the field as the uncompromis- ing opponents of banks, and bank charters and all other wild cat schemes, by which the people are stripped of their property and defrauded of the fair fruits of their labor."1 The uncompromising attitude of the Ne- braska City Nezvs towards wildcat banking, from first to last,. is illustrated in this item taken from the issue of October 30, 1858 : "Through an excusable inadvertence of our correspondent, or, more likely, owing to the carelessness and negligence in some post of- fice, the bill—the swindle—is not before us. But timeo Danaos et dona ferentes; we con- sider it safe, and take the responsibility of pitching into all bank charter privileges in advance, by whomsoevef enacted. No act of the legislature would meet with such sudden and just condemnatioii and retribution as this. Shall we ever have to cry out against bank charters and special privileges ? We hope not. All other legislative corruption and political juggling sinks into utter insignificance beside this one giant crime. Let our legislators beware !" When it befell that dismal conditions at- tested the virtue of the warning voice of eco- nomic theory, and the begetters of the wildcats were left the single defensive recourse of recrimination, the political pot naturally fell to calling the political kettle black. The Nebraska City News2 in answering S. G. Daily's charge in his congressional cam- paign, that bad bank legislation was due to the Democratic party, throws light on the status of banking in i860. "He said the dem- ocratic party made all the banks in the terri- tory—before there was a democratic party, mind you; but he said not a word about the Rev. Wm, Young Brown, [of] the first terri- torial republican committee, being the owner and possessor of that shin-plaster concern, the Bank of Tekama. He didn't tell the people that most of the banks of the territory had been controlled by republicans, and that the only live bank today in the territory has for its president a democrat, S. F. Nuckolls." In 18583 the News said that the defunct Tekamah bank "set in motion the only run- ning machine of black republicanism." The economic conditions of the territory afforded abundant reason for an honest desire for a local paper currency, and there was per- haps much honest misconception and misun- derstanding of the principles underlying a safe currency system. But there was certainly a prevalent reckless, or positively dishonest dis- regard of those principles, and a determina- tion to profit by a system which must inevi- tably result not only in the direct robbery of the people but in the demoralization of their business also. As we have seen, there were many. influential men who clearly perceived the dangers and iniquity of the wildcat scheme and stood steadfast against it; but partially because he was from the first a public man, given to the contemplation and public discus- sion of economic and sociological principles, and partially because of his keen insight into the principles involved in this question, J. Stirling Morton stands out as the most con- spicuous foe of the wildcat system. He was contemptuously called a doctrinaire and a the- orist, by dull or dishonest men, then, just as he was always so called by the same class to the end of his life—as if wise action, more especially in public affairs, is not always pre- ceded by correct theory and supported by sound doctrine. Men with the highest ca- pacity for thinking out social theories have always been the forerunners and leaders of social progress. 1 Nebraska City News, July 24, 1858. 2Sept. 29, 1860. 8 Nov. 27.TERRITORIAL BANKING 33 On the 25th of May, 1858, Governor Rich- ardson issued an order to James G. Chapman,1 district attorney of the 1st judicial district, as'follows: "The act of the territorial legislature of the 13th of February, 1856, chapter 28, section 2, gives the district attorney the power, when- ever he deems it his duty, to file information against any corporation in the territory that does or omits acts which amount to a sur- render or forfeiture of their rights and priv- ileges as a corporation. The third section of the same act makes it his duty to file such information when required by the governor, general assembly or the district court. I deem it to be ,my duty under the law to require you to file information in the proper counties and courts against the following banking institu- tions: the Fontenelle Bank of Bellevue, Bank of Florence, Western Exchange Fire and Ma- rine Insurance Company, Saratoga Banking Company, Omaha City Bank and Land Com- pany, Nebraska Bank and Land Company, Pacific Bank and Land Company, Nebraska Exchange Bank and Land Company, the Brownville Bank and Land Company, Omaha and Chicago Bank; the seven last mentioned because they are not authorized by law, and all of them because they have omitted to re- deem and pay their notes when presented for payment, and for such other and further cause as may be found to exist. "I desire to call your attention to an act of Congress, approved July 1, 1836, which pro- hibits any and all territories from creating banks. If that act is not overrode by the 6th section of the Organic Act, all banks in the territory are in violation of law. Whilst I think it inconsistent with the Organic Act, others whose opinions are entitled to great consideration, think the 'act of '36' in full force and the courts had as well decide it. "Every good citizen in and every interest of the territory demands that the Banks should 1 Chapman was appointed Aug. 3, 1857. 2 Nebraska Advertiser, June 10, 1858. sApp. Docket A., p. 322; Journal A, pp. 128 and 245. 4 Edwin N. Grenell, pioneer of Washington county, son of Edwin N. and Susan (Potter) Grenell, was born in Bergen, N. Y., Mar. 10, 1828. His paternal grandfather, a wagonmaker, emigrated from Wales to Rutland, Vt., about 1720. His maternal grand- father, a farmer, was an early settler near New Haven, Conn. Edwin N. Grenell, Sr., went with an uncle to Bergen where, at the age of twenty-five years, he married' Miss Susan Potter. Edwin N. Grenell, Jr., migrated to Omaha, arriving there Oct. 8, 1856. He shortly after removed to Washington county, where he was elected county treasurer in be arrested at once. This object can only be attained through the efficiency of the district attorney. It is therefore hoped that you will give it your earnest and undivided attention. You are required to investigate and determine what proceedings if any shall be taken against the Bank of Nebraska, there being no satis- factory evidence before me that it has done or omitted acts which work a* forfeiture of its charter. The sole object of this department being to rid the territory of unlawful and irresponsible corporations, the duty is imposed upon you to enquire fully into its course."2 - The court records of those days are very imperfect, but they show that several suits were brought under this order of Governor Richardson, and in several cases were pushed to judgment. In Oct., 1858, James G, Chap- man, district attorney, with Jonas G. Seely of counsel, began suit in the nature of quo warranto against the Bank of Florence in the district court of Douglas county, but the ac- tion was dismissed without prejudice at the March term, 1859, and leave given to with- draw files.3 Messrs. Kinriey and Holly were the defendant's attorneys. It is the opinion of still living contemporaries of District At- torney Chapman that he had few of the qual- ities of the present day Folk of St. Louis or Bristow of the post-office department, and that he would not be inclined to press^ suits of this sort except on the most positive compulsion. The files of the district court of Washington county show that on the 24th . of December, 1858, Judge Eleazer Wakeley issued an order ousting the defendant Waubeek bank of De Soto from the liberties and privileges of its franchise, and appointing Roger T. Beall, Ed-, win N. Grenell,4. and Charles Powell as trustees to collect assets and pay liabilities. I860 and served continuously up to and including 1864. On Aug. 23, 1864, he was. married to Helen Stevens of Ft. Calhoun, Neb. In 1869 he was ad- mitted to the bar in the district court of the 3d judicial district of Nebraska, and for seven years, 1858 to 1866, served as clerk of the court in that district. He was a member of the constitutional convention of 1871 and also of the one in 1875. In 1870 he was elected to the Nebraska state legisla- ture, serving in the lower house of the eighth ses- sion, representing Sarpy county. During the session he was a member of the joint committee of investi- gation whose report led to the impeachment of Governor Butler. At this time he was a part owner of a flour mill located near Gilmore, Sarpy county, ten miles from Omaha. Politically Mr. Grenell is34 HISTORY OF NEBRASKA But since the Waubeek bank was in operation without any charter or legal authority at all, the action against it was probably in the na- ture of quo warranto, and Judge Wakeley's decree must have been merely an order to quit business. There were no franchises to forfeit. It appears also that action of some kind was begun against the Bank of Tekamah and the Bank of Dakota, but the record fails to disclose further information. Though the Dakota bank, at Dakota City, was operated without a charter or other legal authority, it was conducted in a more conservative and business-like way, perhaps, than any other of the so-called wildcats, excepting the Platte Valley bank, and this was because its propri- etor, Augustus Kountze, was a solid and con- servative business man. He could not afford to allow the bank to collapse, and he prevented the necessity of failure by limiting the issue of notes to $3,000 or less, and these were all redeemed on presentation. District Attorney George W. Doane brought suit, under the movement started by Governor Richardson, to close this bank, but through legal techni- calities and the misplacement of the papers of the law officer from time to time, it was never pressed to judgment, and the bank wound up on its own motion, when the times grew too panicky to justify its continuance. Judge William F. Lockwood was president of this bank during at least a part of its career. It is impossible to make even approximately accurate statements of the amounts of the notes or bills of these banks, though the con- a democrat and until late years was an active party worker. He now resides at Ft. Calhoun, Washing- ton county, which has, for the most part, been his home for over forty-eight years. Mr. and Mrs. Grenell have raised a family .of eight children. 1Mr. N. P. Dodge, brother of Gen. G. M. Dodge, who is still in active business at Council Bluffs, Iowa, furnishes the following interesting informa- tion: "During the years 1856 and 1857 I was cashier in Baldwin & Dodge's banking house, Council Bluffs, and from the best of my recollection it was the cus- tom of those Nebraska banks to redeem their own notes in gold coin up to the time they suspended, and they received each others' notes at par. Currency is- sued in other states circulating here was at a dis- count. Their value was determined by the quotation in Thompson's Detective, a financial pamphlet issued monthly in New York. Gold coin was scarce, and temporary estimates were no doubt greatly exaggerated. In the opinion of clear-headed men still living, and who were active in busi- ness at the period in question, the issues of the respective banks ran from $3,000 to $10,000, and even the Tekamah bank, whose career and bad ending created the most excitement, did not put out over $10,000 in bills. It is argued in support of these low estimates that the business of the territory at the time was so limited that there was no use for any considerable amount of money or for nearly as much as the news- papers and excited people insisted was put in circulation. To some extent these banks were established and conducted by reputable busi- ness men and their bills put out to meet a legitimate demand for currency; but on the other hand, to a great extent, they were started and operated for the primary purpose of swindling the community through the emis- sion of worthless bills. There were two rea- sons why it was difficult to circulate large amounts of these bills: owing to the sparse population and the scanty business, there was little use for them, and the population being limited to a small territory, the untrustworthy character of the banks was pretty generally known. While the bills of the banks of Iowa and other states farther east circulated in Nebraska, those of the Nebraska banks were confined to home circulation.1 The Tekamah bank had assets of just $2,500 to begin with., While an unpretentious, nominal head office was kept in Tekamah, when the general suspension of the banks occurred in the fall of 1857, we were without sufficient circu- lating medium to do business, and it became neces- sary for private bankers who survived the panic to issue their notes or checks in form of currency. I enclose a blank of one issued by the banking house with which I was connected. "The Bank of Florence was established by Cook & Sargent of Davenport, Iowa.. They sent out James M. Parker to open and manage it. I knew him well. He was a good business man and very much of a gentleman. In the same way the Western Exchange bank of Omaha was started by Green & Weare of Cedar Rapids, la. I do not see any advertisement of this bank in the papers I enclose, but you will notice in their Sioux City banking house advertisement a list of their Iowa branches. There is one incident connected with the Western Exchange bank, Omaha, that ought to be mentioned in your history of the Nebraska banks. LeRoy Tuttle cameTERRITORIAL BANKING 35 where the bills had to b£ sent for redemption, the men who actually conducted the bank kept an office in Omaha. William Young Brown and Benjamin B. Barkalow were prominently associated with this worst of the wildcats, as well as Samuel L. Campbell and Frank M. Akin. Suits brought against several of these wild- cat banks on private account in Douglas county disclose their condition in a very in- teresting manner. On the 29th of October, I^S9, John D. Briggs obtained judgment in the district court of Douglas county against the Bank of Tekamah for $1,014. The plain- tiff sought to recover on notes issued by the defendant in the sum of $895; these notes to the amount of $510 were of the denomination of $5 and in the following form: "The Bank of Tekama in Burt county will pay five dollars to bearer on demand. "September 1, 1857 F. M. Akin, Cash. "S. L. Campbell, Prest." All of the $5 notes and 181 $1 notes were of the same date; 102 $2 notes were dated September 18, 1857. The petition alleged that these notes were presented at the bank May 26, 1858, and payment was refused by the teller, and interest on them was demanded from that date. The petition alleged also that the defend- ant had disposed of its property with intent to defraud creditors. The plaintiff attached the east forty-four feet of lot 8, block 122, Omaha, and the property sold under execution for $667.1 This incident shows that this one of the most notoriously unsound of the wildcat banks was not wholly without resources or assets. The firm of Andrew J. Poppleton and George B. Lake were attorneys for the plaintiff in this suit. On the 9th of August, 1858, Amos S. Frank and J. S. Malsenbaugh brought suit in attachment against the Bank of Tekamah to recover on its notes to the amount of $428, dated September 1, 1857. The petition alleged that the notes had been presented at the bank in August, 1858, when payment was refused, and that the officers of the bank "had deserted and left the territory of Nebraska." Interest was demanded at the rate of 10 per cent per annum, and judgment was rendered for $jro.2 On the 27th of Jan- uary, 1858, only four months before the Bank of Tekamah was refusing payments of its notes, as disclosed by the Briggs suit, we find the Omaha Times underwriting the sound- from Ilion, N. Y., early in 1856 and became its cashier, and a stockholder. In the spring or summer of 1857 he decided to return to Ilion and sold out his interest to other stockholders, who owned the controlling interest, but at their solicitation he did not make it public. When the bank failed Tuttle came back to Omaha and resumed all the obligations that he was under as an officer and stockholder, turned over all his property to its creditors, and did all he could toward paying the bank's obligations. Returning to Ilion, he was appointed to a position in the Treasury Department at Washington, and for many years was Treasurer of the United States. As fast as he earned the money, he paid up the debts for which he pledged his property to secure bank creditors. He died in Washington a few years ago, honored and respected for his integrity of character. I think Dr. Miller, now of Omaha, knows of this circumstance. "The bank at Brownville, according to my recol- lection, was controlled by Benjamin R. Pegram and Samuel H. Riddle of Council Bluffs. The last bank to stand up and pay its obligations was the Platte Valley bank, at Nebraska City, owned by S. F. Nuck- olls. It is my impression he made a full settlement for all its obligations, but of this you will have more accurate information. I remember driving down there in Sept., 1857, and paying the bank $6,000 that Baldwin & Dodge owed them. "In reply to your other inquiries, it is my impres- sion that the banking house of Cook & Sargent and Bank of Florence closed about the same time. While the firm of Cook & Sargent was considered wealthy and had wealthy connections in Boston, they were at the same time doing a large land business, and you must bear in mind that Iowa was a new and sparsely settled state. Its prosperity was dependent upon money brought in from other eastern states. The banking houses did their business largely on bor- rowed capital. Deposits were small and of a tem- porary character. No surplus of money in hands of the people. Then the speculation in lands and town property was like the 'boom' in Omaha and other cities in 1886 and 1887. When the bubble burst money stopped coming in, and the men who were doing the largest business and had extended credits suffered the most. "After the Nebraska banks closed, their only way of redeeming the currency they had issued was through their debtors, who bought the bills at a dis- count to pay their notes. I find on Baldwin & Dodge's ledger an account where we bought these bills at a discount of 50 per cent and more. The first entry is in Sept., 1857, and the account runs into 1859 and was closed by charging between $200 and $300 to profit and loss. This is evidence they could not dispose of all they purchased, and there was no redemption by the banks. Only a few banks are mentioned on this ledger. They are West- ern Exchange of Omaha; Nemaha Valley bank, Brownville; and Bank of Tekama, Tekama." 1 Complete Record, Law, A, p. 383. 2 App. Docket B, p. 76.TERRITORIAL BANKING 37 ness of the concern in the following positive terms: "The exchange office of the Tekama bank, in this city, having in these hard times, come to the rescue of business men, deserves the pat- ronage and hearty support of the citizens of Omaha. We are glad to see the spirit of ac- commodation manifested by the officers of that institution, in the great and destructive finan- cial convulsion which has befallen the whole country. Those institutions that withstood the shock and asked no quarter are worthy of commendation, and we wish the Tekama Bank and the exchange office connected there- with a glorious success." Whether this absolutely unfounded certifi- cate of character was the result of business blindness or obliquity of moral vision will doubtless always remain an open question. Light is thrown upon the condition of the Nebraska bank at Omaha by the record of several suits brought against the institution a few years later than those of which account has just been given. On the 9th of January, i860, Charles D. Woolworth began a suit in attachment against the Bank of Nebraska to recover on a check on the bank made by John I. Redick, payable in ten days from its date and certified, "Good, D. C. Deforest, Cash/' An iron safe, appraised at $400, was attached in this suit. The record shows that the ac- tion was "settled."1 On the 18th of February, i860, Daniel Phillips, in a suit against the same bank, attached "thirteen sacks of flour, one large iron safe, one counter, one desk, one stove, drum and pipe, three arm chairs and one map of Douglas county." The result of the sale of this property on the 6th of Decem- ber, i860, was as follows: The flour was sold for $23.40, the safe for $360, and the stove and its appurtenances, which apparently in- cluded the map, for $10, all bid in by the thrifty Augustus Kountze, doubtless with an eye for furnishing a bank of his own. An- drew J. Hanscom bought the counter for $7, the desk for $13, and the three chairs for 1 Appearance Docket C, No. 38. 2 Ibid., No. 62. 8Dakota City Herald, Nov. 26, 1859. 4James W. Virtue was one of the judges of the first town election held at Dakota City, Neb., May $3.30; total proceeds $416.70. The amount due the plaintiff appears to have been $388.42, so that, technically at least, the bank came out with flying colors, being extra-solvent in the sum of $28.28.2 The general reputation of the Bank of Ne- braska at this time was bad : "Rumors were rife during the week that the Bank of Nebraska had bursted. There are several disconsolate individuals in town who had a few dollars worth of 'rags/ belonging to that institution stuck in their old clothes; and the news of the 'break' struck them like a shot. The rumors are not confirmed yet, but we advise our readers to be careful how they handle Nebraska Bank bills after this. Get Dakota [bank] money and you are all right. The two dollars we received last week were on the bank of Nebraska, but it went 'up the spout' immediately after its receipt. We lost 'nary red' because we did not have it to lose."8 By the same authority we learn that Wil- liam F. Lockwood was president and James W. Virtue4 was cashier of the Bank of Dakota at that time, and that "It is the only bank in the territory whose notes are as good as the gold and that circulate at par out of Ne- braska." As late as March 10, i860, the same journal comments on the statement of a St. Louis paper that the notes of the Bank of Dakota are worth only fifty cents on the dollar as follows: "We are at a loss to know on what grounds this statement is made, when everybody throughout the length and breadth of Ne- braska, and in all western and northwestern Iowa, knows it commands 100 cts on the dol- lar. The bank was established in 1857, and during the three years it has been in existence it has always promptly redeemed its own issue when presented at the counter of the bank, with gold; and it never was in a better condi- tion to do so than now." The following contemporary newspaper comment is an indication of the local belief in the entirely insolvent condition of the Bank of Nebraska, notwithstanding positive statements 8, 1858, and was elected the first recorder and ap- pointed the first postmaster of Dakota City. He was elected county clerk of Dakota county Aug. 2, 1858, and twice reelected, serving until Apr. 4, 1863. Mr. Virtue was cashier of the Bank of Dakota as late as Aug. 7, 1862.3S HISTORY OF NEBRASKA to the contrary by men still living who were connected with it: "The safe and office fixtures of the bank of Nebraska were yesterday attached by the sher- iff of this county. We hope this will be the last swindle which this community will be obliged to suffer. We are poor enough with- out being robbed by wild-cat banks."1 The Nebraska Enquirer, published at De Soto,2 in noticing a statement of the Omaha Nebraskian that there was no such bank as the Corn Exchange3 at De Soto or anywhere else in Nebraska, states that this bank is a reality, and that it was formerly the Western Land & Exchange Co., the name having been changed in the summer of i860. The Enquirer also insisted that "H. Knox Smith, the president of said bank, is one of our veritable citizens, and is at all times prepared to redeem all and every of its issues in specie on presentation at the counterand that "the money of said bank is perfectly safe and will be redeemed at all times." On the 27th of June, 1862, John Hughes and Eliza Hughes brought suit in the district court of Douglas county against the Bank of De Soto, Samuel Hale, Beriah Brown, L. F. King, Samuel B. Scott, William A. Barstow, and George E. Scott as stockholders to re- cover on a certificate of deposit for $500 issued by the bank October 24, 1859. The petition alleged that the bank has "bust and ceased to do business and has no assets." At the trial Samuel Hale testified that in the spring of 1857 he, with William A. Barstow and Samuel B. Scott, purchased the charter of the bank from a man named Jones and others, and he became president, Charles B. Hale vice-president, and George E. Scott cashier. He and Scott sold out to Barstow in February, 1859, an^ the bank was afterward 1 Omaha Nebraskian, Jan. 14, 1860. 2 Feb. 14,1861. 8R. P. Pierce was cashier of this bank. 4App. Docket C, p. 62. reorganized. At this time Hale lived in Chicago. George B. Lake, Hale's attorney, pleaded in defense that the check was void because the act of the legislature granting the charter to the bank was not approved by the federal Congress. The records do not dis- close the result of this interesting suit.4 When we read in these court records that on the 15th of July, 1857, Gilbert C. Monell brought suit against John M. Thayer, after- ward major-general and United States sena- tor, on notes aggregating $4,800, on which the defendant had agreed to pay interest at the rate of 5 per cent per month, we do not marvel at the prevailing condition of bank- ruptcy, specific and general.5 The defenders of the so-called wildcat banks placed their dependence upon the per- sonal legal responsibility and good financial standing of their owners. This dependence was very often misplaced because of the irreg- ular modes of doing business in those times and the lack of really responsible men; but the mistake lay chiefly in the unsoundness of the principle itself. When the present na- tional banking system was established it changed the principle by placing dependence upon all, instead of a small group of the peo- ple, through the security of the bonds guaran- teed by the popular government. Those who favor the issue of "asset currency" at the present time take middle ground between these two extremes, and through the provi- sion for a redemption fund would base their security upon the business character of the men who conduct an aggregation of these banks and upon their assets. There is no in- herent reason why currency so based might not prove to be safe. The real objection to the scheme lies in other features of the proposition. 5 While General Thayer, still a resident of Lin- coln, does not now remember that he ever gave these remarkably usurious notes, he asserts with a know- ing a priori wink that he is quite certain he never paid them.SLAVERY IN NEBRASKA 39 CHAPTER II SLAVERY IN NEBRASKA THE complete contrast between the atti- tude of the ist territorial legislature and that of the 7th toward the negro question indicates the rapid growth of anti-slavery sen- timent in the Northwest after the discussion and passage of the Kansas-Nebraska act. As we have' seen (vol. 1, p. 244) a bill "prohibit- ing the settlement of free negroes and mulattoes in the territory of Nebraska" passed the lower house of the ist legislature and was favored by four of the eleven councilmen who voted on the question of its passage.1 At the third session a bill for the same purpose was introduced in the house by Mr. Singleton, representing Pawnee and Richardson coun- ties,2 but it was indefinitely postponed.3 A similar bill was also introduced in the council,4 and it was laid on the table, Bradford and Reeves of Otoe and McDonald of Pawnee county voting against the motion. The nearer to the negro slave state of Missouri these law- makers dwelt the farther away they wanted to keep the negro. At the sixth session Mr. Houston Nuckolls of Richardson county in- troduced a bill of the same purport in the house, but on motion of Hanscom it was loaded with an amendment prohibiting slavery, and the enacting clause was stricken out.5 Mr. T. M. Marquett of the committee made a report which reflects the conservative opin- ion of many anti-slavery men at that time on the slavery question: "In opposing the passage of this bill, the undersigned does not wish to be understood as desiring to have negroes or mulattoes among us. It is not desirable to have them here, either as freemen or slaves. It never was intended that we should live with them. He who created us and them, alloted different portions of this earth's surface to each. They 1 Council Journal, 1st Ter. Sess., p. 136. 2 House Journal, 3d Ter. Sess., p. 134. 3Ibid., p. 391. are among us, however, by no voluntary immi- gration, by no act of their own, but by a vio- lation of nature's law, which, as it made them a different race, also gave them a different place on the earth to live. . . "The undersigned admits that it is a great evil to have negroes or mulattoes among us. . . . Gentlemen cannot be in earnest in passing a bill which subjects a colored person to fine and imprisonment merely because they are so unfortunate as to be a negro, and on Nebraska soil. To pass this bill would be to pander to the vitiated prejudices of those whose highest and holiest ambition is to per- petuate slavery, hence they have commenced the persecution of a few negroes for the sole purpose of driving them into bondage. We see, here, when a proposition is made to make the soil of Nebraska free, it is followed by one to persecute the few negroes that may be so unfortunate as to be here. It is our policy to steer clear of the negro worshiper, the negro enslaver, and the negro persecutor. There is another and a better way to get rid of this evil; one more in accordance with the im- pulses of this enlightened age; and that is to colonize them to Africa, or some other south- ern clime, to extend to them the hand of philanthropy rather than that of tyranny. "Therefore, the undersigned would recom- mend that this bill and the whole subject mat- ter be referred to the committee on federal relations, with instructions to inquire into the expediency of memorializing congress to adopt some plan by which all the free negroes in the United States, and more especially , those of our own territory may be colonized in Africa or some other southern clime."6 By 1858 northern anti-slavery sentiment, which had been precipitated by the repeal of the Missouri compromise in the Nebraska act, was crystallizing into form. The politicians, perceiving the opportunities of the new party, were quick to use every advantage for the promotion of its fortunes. Democrats of Ne- 4 Council Journal, 3d Ter. Sess., p. 127. 5 House Journal, 6th Ter. Sess., pp. 128-29. 6 Ibid., p. 125.4° HISTORY OF NEBRASKA braska, especially, would be estopped by con- sistency from objection to the application of the popular sovereignty rule to the Nebraska case. And so Samuel G. Daily laid the foun- dation for his political career by introducing in the house, at the fifth session, a bill to abolish slavery, which was referred to a spe- cial committee.1 The majority of the commit- tee—Daily, James Stewart of Douglas, and John Taffe of Dakota—made a report whose adroitness was equal to, and whose effect was perhaps enhanced by its buncombe: "Your committee, to whom was referred a bill for the abolition of slavery in this terri- tory, having had the same under consideration, beg leave to make the following majority report: "The abolition and prohibition of slavery in this territory is so clearly in accordance with the spirit of the age, and the wants of a progressive and enlightened and free people, that your committee deem it time wasted to stop to prove it to a highly civilized and christianized people; were we living in the dark ages of the world's history—in a semi- civilized state, instead of the latter half of the nineteenth century—such a work might not be unnecessary. "And that the legislature of this territory has the power legally to enact such a law, we have only to refer to the ever living principles of all free and republican governments, to- wit: That the people rule, acknowledging no superior dictator, making their own laws in their own way. And in no case, in all our glorious history, do we find this grand prin- ciple more fully recognized, or more clearly expressed than in our organic act, where it is declared that it is not the 'intention of this act to legislate slavery into any territory or state, or to exclude it therefrom, but to leave the people thereof perfectly free to form and reg- ulate their domestic institutions in their own way, subject only to the constitution of the United States.' "And it is upon this doctrine—that the peo- ple are the fountain of all power—that your committee plant themselves, wholly disavow- ing the doctrines contained in President Bu- chanan's message, that this territory is as much a slave territory as South Carolina or Georgia. "S. G. Daily, "James Stewart, __"John Taffe."2 1 House Journal, 5th Ter. Sess., p. 199. The report was well met by the democratic minority, Benjamin P. Rankin of Sarpy and William C. Fleming of Richardson: "The minority of the select committee to whom was referred the bill for an act to abol- ish slavery in the territory of Nebraska, have had the same under careful consideration, and respectfully ask leave to submit the following report: "Your committee deeply regret the introduc- tion into this House of a bill of this character, and greatly fear that it was done at the prompt- ing of political ambition, rather than through a sincere desire to advance the useful and legit- imate legislation so loudly called for by the wants and necessities of our people. It is un- fortunate for our history as a territory that the halls of legislation have at times witnessed scenes of strife and angry controversy. Sec- tionalism in territorial matters has hitherto dis- tracted our people and done much to embitter our social relations, and to destroy those feel- ings of brotherhood which should ever exist amongst the pioneers of a new country whose peculiar duty it is to help one another in mold- ing and directing the destinies of a young em- pire, which we trust will be our pride and the glorious heritage of our children. "The duties of a laborious and protracted session were about drawing to a close, and congratulations were general amongst the members that the records of one term at least of the Nebraska legislature would not be stained with the foot-prints of strife. We were felicitating ourselves upon the passage of criminal and civil codes, a revenue law, and other laws of a general nature which the pub- lic wants demanded. But a few days of the session still remained, and upon their labors hung the fate of the school law, a homestead law, and a license law, which were second to none in their importance and in their effect upon the well being of society. It is to be de- plored that there was a single member in this hall who would not rather consecrate his ef- forts to # the passage of these laws rather than to the introduction of a measure which can have no practical effect other than to sow dis- sension and discord amongst our people. "Slavery does not exist in this territory in any practical form, and cannot so exist with- out affirmative legislation, recognizing the right of property in slaves, and regulating the mode of protecting and controlling them, and of enforcing that right. The abstract right under the constitution which is claimed by some, is in fact only an inchoate right, which 2 House Journal, 5th Ter. Sess., p. 222.SLAVERY IN can have no practical importance in the ab- sence of local police regulations upon the sub- ject. In the absence then of any such legisla- tion upon the subject—in the absence of any effort on the part of any member of either branch of the legislature to introduce legisla- tion for the protection of slavery the minority of your committee deem it not only unneces- sary but extremely unwise and unpatriotic, in the present state of the public mind, to hurl this fire-brand of strife into our peaceful ter- ritory. The page of blood which Kansas has furnished to the history of the world should have been a warning to the fell hand which has attempted to strike such a blow at our peace and quiet. "The .minority of your committee would therefore recommend the indefinite postpone- ment of the bill. Let the pages of our jour- nals be ever free from an allusion to the sub- ject, and Nebraska will grow old in her career of glory, and the word slavery, either for neg- ative or positive purposes, will never disgrace the fair pages of our statute book. "All of which is most respectfully sub- mitted, "B. P. Rankin, "Wm. C. Fleming."1 Both of the reports were chiefly palpable political fencing, and Daily, Taffe, and Ran- kin, if not the others of the committees, were thus training and posing for popularity in the coming congressional lists. The bill passed the house2 by the following vote: Ayes, Ben- net, Briggs, Collier, Davis of Cass, Davis of 1 House Journal, 5th Ter. Sess., p. 248. 2Ibid., p. 248. 3 James H. Seymour, M.D., deceased, was born in New Hartford, Conn., July 9, 1825,- and died Sept 7, 1862, in camp at Helena, Ark. He obtained his early education in Ashtabula county, 111., and later was a student in the Grand River institute. He be- gan his professional studies in 1848 in the office of Drs. Robinson & Kuhn in Hanover, O., and two years later entered the medical college of Cleveland, from which he graduated with high honors. He was married to Lucretia Robertson in 1854, and moved to Omaha in 1857. He held strong anti-slavery con- victions, and assisted in the organization of the Re- publican party in Nebraska. In 1859 he was elected a member of the territorial legislature from Douglas county. In 1861 he was appointed surgeon of the 1st Neb. Mtd. Inf., and the same year was again elected a member of the legislature, serving during • the session of 1862. He was then appointed by Gov- ernor Saunders surgeon of the 1st Neb. Reg. Hav- ing contracted malaria in the early spring, he died in camp at Helena, Ark., Sept. 7, 1862. Seymour addition to the city of Omaha was named in his honor. 4John Redmond Porter, deceased, of English descent, son of Harry and Elizabeth (Bassett) Por- NEBRASKA 4i Washington, Daily, Dean, Doom, De Puy, Gwyer, Hall, Kline, Lee, Marquett, Mason, Norwood, Roeder, Seymour,8 Steele, Stewart, Taffe, Wattles, Young; nays, Bramble, Clayes, Fleming, Ramsey, Rankin, Steinberger. The bill was indefinitely postponed in the council by the following vote: Ayes, Bowen, Craw- ford, Doane, Donelan, Furnas, Moore, Miller, Porter,4 Scott; nay, Dundy.5 The politician in legislative bodies may habitually neglect matters of real importance to the public, but he never sleeps on a catch- penny partisan scheme. Near the beginning of the sixth session, Turner M. Marquett of Cass county introduced in the house "a bill for an act to abolish and prohibit slavery or involuntary servitude within this territory." But since the institution of slavery could not be shown to exist in the territory, it was deemed more plausible to assume that it might be established in the future, and so Hanscom's motion to strike out the word "abolished" pre- vailed by a vote of 19 to 16.6 The democrats in general voted no, presumably for tactical reasons. The bill now merely prohibited slavery in the territory, and in this form it passed the house by a vote of 21 to 17".7 This was not of course a party vote, for the house comprised 26 democrats to 13 republicans, and the council 10 democrats to 3 republicans.8 But republican politicians led in the project ter, was born at Brockport, N. Y., Mar. 30, 1824. He received his education in the public schools, and Feb. 12, 1845, was married to Jane M. Dixon. He first settled in Omaha in 1855, where for several years he was in partnership with Harry P. Deuel under the firm name of Porter & Deuel, steamboat agents. He was elected to the legislative council and served during the fifth and sixth sessions, and was police judge of Omaha from 1868 to 1873. He was elected captain of a mounted company organ- ized in Aug., 3864, was mustered into service Aug. 30, and discharged Nov. 13, 1864. He was among the early members of Capitol Lodge No. 3, A. F. & A. M., Omaha, and was also a member of the Odd Fellows. He was elected, Nov. 4, 1856, warden of Omaha Lodge No. 2, I. O. O. F., and also served as treasurer of the grand lodge. Mr. Porter went to New Mexico and Arizona in the early '80s, and was appointed county judge of Gila county, Ariz., by John C. Fremont, then governor of that territory. Mr. Porter died at Los Angeles, Cal., Aug. 17, 1888. One daughter, Mrs. Edwin Haney, resides in Omaha. 5 Council Journal, 5th Ter. Sess., p. 271. 6 House Journal, 6th Ter. Sess., p. 94. 'Ibid., p. 102. 8 Nebraska Advertiser, Dec. 29,1859.SLAVERY IN NEBRASKA 43 and they were followed by members of both parties. Such names, well known to present day Nebraskans, found in the affirmative list, are: Andrew J. Hanscom, George B. Lake, 1 William H, Taylor of Otoe county, chairman of the select committee to whom the bill was referred, reported as follows: "The chairman of the select committee to which was referred C. B. No. 2, 'A bill for an act to pro- hibit slavery or involuntary servitude,' has had the same under consideration, and being unable to agree with the majority of the committee begs leave to report: "That the ostensible objections urged against the passage of the bill are two-fold in their character. First, it is said by the opponents of free states and free territory that 'slavery does not practically exist in Nebraska territory/ In reply I affirm the con- verse of the proposition to be true, and will give the facts to show that 'slavery does practically exist in Nebraska.' There has never been, to my knowledge, a federal officer appointed to any office in this terri- tory from any slave state of this union that has not brought with him into the territory a negro or ne- groes, who have been and are now held in slavery. "Edward A. Deslonde, Esq., receiver of public moneys at Nebraska City, has one or two slaves. Now if slavery does not exist here, then the slave is fr_ee the instant he sets foot on Nebraska soil, pro- vided he came with his master for the purpose of residing in Nebraska. I know of my own knowledge that the Hon. Stephen F. Nuckolls, a democratic member of the territorial legislature, had three col- ored persons, whom he claimed as slaves up to a very late period; two of these persons escaped from Mr. Nuckolls, in the winter of '58 and '59, and the other, a colored man of twenty-five years of age, was sold bv him. if I am correctly informed, and carried to some of the southern slave-holding states, as a slave, in the spring of 1859. This man had been a resident of Nebraska for about three years. Mr. Alexander Majors, one of the government con- tractors, has a number of colored persons at Ne- braska City whom he claims as slaves, now in the territory of Nebraska. Judge Charles F. Holly has two colored persons whom he claims as slaves. How many more there are at present in the territory, I am not advised. "But the fact is indisputable. African slavery does practically exist in Nebraska. Our eyes can not deceive us, and if slavery is wrong, morally, socially, or politically, it is wrong to hold one slave. There is no distinction in principle between holding one human being in bondage and ten thousand. "Again, as evidence that slavery does exist and is considered to be a legal institution here, I have only to cite the fact that the Hon. Stephen F. Nuck- olls, before alluded to, has instituted suit in the second judicial district court of this territory against certain parties residing in the state of Iowa for the value of two colored persons—his slaves, whom he alleges were abducted from him in the spring of 1858 and 1859, which is now pending in said courts undecided. . . "While on the other hand, it is contended that the people of the territories, in their territorial capacity, have the right and power to abolish and prohibit slavery. This position is contended for and sus- tained by arguments of great force. How the friends of Senator Douglas can oppose this bill, if they are really in favor of making Nebraska a free state, is Dr. William S. Latta, Turner M. Marquett, Samuel Maxwell, and John Taffe.1 Like its predecessor of the fifth session, this bill was indefinitely postponed in the council, astounding to me. We can account for the opposi- tion of the administration democracy. The territory of Kansas has prohibited slavery after an unprece- dented struggle against the policy of the two last administrations, and why should not Nebraska act?"—(Council Journal, 6th Se$s., p. 43.) Dr. Miller, also a member of the committee, showed in his report those qualities through which he atterwards shone as a vigorous and resourceful journalist: "The select committee to whom was referred C. B. No. 2, 'A bill for an act to abolish and prohibit slavery or involuntary servitude,' have had the bill under consideration, and beg leave respectfully, to report as follows: "The first question suggested by the examination of this measure refers to the necessity, if any, which exists for the enactment of such a law in this terri- tory. It is understood that our power to pass such a law, and impart to it validity, is extensively de- nied, and as there is known to be in the territory, as well as throughout the union, great diversity of opinion, both as to the power of the territorial legis- lature over the question of slavery, and the expedi- ency of attempting its exercise, your committee deem it extremely injudicious for the legislature to lend itself to the agitation of a subject which, to the people of Nebraska, is conceded to be really of no practical importance. As to the necessity which exists at present, or which js likely to exist in the future, for such a law in this territory, there can be no two intelligent opinions. No sane person for a moment supposes that Nebraska is in the slightest possible danger of being either a slave territory or a slave state. Popular sentiment in Nebraska is uni- versally against the institution of slavery, and even if it were not, and the public voice were to pro- nounce today in favor of its establishment here, the controlling laws of nature, peculiar to the latitude, would utterly preclude the possibility of its obtain- ing a permanent place among us. Suppose it true, which it is not, that the territory does furnish a profitable field for slave labor, who is there so in- fatuated as to believe, for an instant, that this ter- ritory, peopled almost entirely by men whose asso- ciations from infancy and whose education in the midst of free institutions have conducted them into manhood, not only with all their prejudices, but with all the convictions of their judgment against the institution, who so foolish as to say that legis- lation is required, or ought to be granted upon this sub j ect? "Your committee have felt it to be their duty to inquire into the cause which induced the introduc- tion of the bill under consideration. Having made diligent search with a view to ascertaining whether any slaves exist in Nebraska, to their utter surprise, after four days' anxious inquiry and labor, they are prepared to report to the Council that south of the Platte river, owned and held as such by highly respectable gentlemen, there are six slaves and a half, the fractional portion referring to a small negro boy, who is in excellent and humane keeping in that section of the territory. Now, instead of becoming alarmed at this information, your com- mittee are rather disposed to congratulate the Coun- cil and the country upon the fortunate condition in44 HISTORY OF as follows: Ayes, Collier, Doane, Donelan, Little, Miller, Reeves, Scott; nays, Boykin, Cheever,1 Dundy, Furnas, Porter, Taylor.2 Of those voting against postponement, Boykin, Furnas, and Porter were democrats. The next day the bill was recalled from the house by which these slaves are found. We are happy to add, on the best authority that their servitude is entirely voluntary, and that they are perfectly con- tented with their lot. It is to be observed that these slaves were originally from Missouri and Louisiana. One of them, we are informed, proves a great burden to his owner by being subject to fits. What can be done to lighten the burden of the master, or remedy the terrible malady of the slave, we leave to your candid and careful consideration. At all events, it< is very clear that in removing to this territory these slaves have been merely changed from a worse to a better condition, and, surrounded as they are by increased comforts and having before them the almost certain prospect of ultimately gaining their freedom, it would seem to be absolute cruelty in the legislature, even if it had the power and the purpose to do it, to enact a law here which would compel their owners to sell them into a worse bond- age, where these prospects would be forever blasted. "A noticeable fact to be found by reference to the census record of 1855. At that time thirteen slaves existed in Nebraska. Under the operation of incidental causes, aided by the stealing propen- sities of an unprincipled set of abolitionists, inhabit- ing a place called Civil Bend, la., the number has been reduced to the insignificant figure of four and a half slaves, all told. This furnishes abundant proof of the entire uselessness of the legislation for which the bill under consideration calls, even if it could be shown, which it can not be, that there is any other cause for apprehension upon the subject. "Your committee feel fully impressed with the conviction that the people of Nebraska sent their representatives to the capital to carry out the legiti- mate objects of legislation. We are not here to waste our time in framing and passing laws which would be but so many dead letters upon the statute book, but we are required to devote the brief time alloted for the annual session in laboring for the enactment of wholesome and just laws, which are known to be demanded by the public interests. The legislative session is limited to forty days. Expe- rience and daily observation admonish us that the time is full short enough, with the most constant attention to our proper duties, for us to answer the demand for such legislation as is required by the general interests of the people. Indeed, we should be recreant to our trusts, were we to depart from the plain path of duty in this respect. "There is still another consideration which goes to show the want of any necessity for the passage of a law upon the subject of slavery. A bill is al- ready before you, and almost a certainty of becom- ing a law, calling a convention for framing a con- stitution preparatory to admission as a state into the confederacy. We are then to assume permanent character, and are to decide, by the exercise of rights which are absolute and unquestioned, upon the nature and complexion of our domestic institutions. In obedience to law, and in perfect loyalty to the con- stitution of the United States, having no 'higher' guides to civil duty than are to be found in that NEBRASKA vote of the council for the purpose of reconsid- ering its postponement, but the motion to recon- sider was defeated by a vote of 6 to 7, Furnas, Porter, and Reeves,3 democrats, voting aye. Mr. Doane then offered the following as a joint resolution: great instrument, the people of Nebraska will then assert the high prerogatives which are the attributes of independent sovereignty. The exercise of a doubted power while in our territorial condition, in regard to a subject which is notoriously of no prac- tical importance to us or others, would be commit- ting us to a folly, which would certainly expose us to merited ridicule, if not to deserved rebuke. "Your committee deem it proper to state that in making their report they were denied access to the report of the minority for reasons which are best known to its author. Hence the report of the ma- jority of your committee is of necessity made with- out reference to that of the minority. But in view of all the circumstances of the case, the admitted absence of anj' necessity, either for the bill under consideration, or the report which is made upon it, it may be justly presumed that both were designed for the single and sole purpose of agitating a sub- ject which may be thought calculated to advance the political interests of restless and ambitious men, at the expense of the peace, harmony and good-will that ought to unite in the bond of common hopes and common aims the people of the territory, which certainly requires the combined efforts and energies of all to secure to it that position to which, by its inexhaustible resources, geographical situation, and other advantages, it is so very justly entitled. Nor can your committee permit the occasion to pass without expressing the opinion that the effort to introduce into Nebraska the popular excitements which have agitated and distracted other commu- nities in our neighborhood, will be a miserable failure. The people understand the motives which move men to engage in these political games, and they will meet them in the proper way, and by the proper means, regarding only those things that shall best redound to the. political peace and permanent prosperity of the entire territory. "Your committee respectfully recommend that the bill be referred to the committee of the whole, and that it be made the special order for some future day of the session. "George L. Miller." —(Council Journal, 6th Sess., p. 46.) xJohn H. Cheever was a member of the firm of Cheever, Sweet & Co., bankers at Nebraska City, in 1859. 2Council Journal, 6th Ter.Sess., p. 80. 3 Mills S. Reeves represented Otoe county in the council of the third, fourth, and sixth sessions of the territorial assembly and was also senator from Otoe county in the second, third, and fourth ses- sions of the Nebraska state legislature. He was elected the first mayor of old Ft. Kearney, now part of Nebraska City, in 1856, and reelected in 1857. As mayor he entered the town site, under the town site law, April 13, 1857. He was the first postmaster of Kearney City, in 1856, and was treas- urer of Otoe county from 1866 to 1878 inclusive. At last accounts he was living in Indiana.46 HISTORY OF "Whereas, slavery does not exist in this ter- ritory, and there is no danger of its introduc- tion therein, ^Therefore, Be it resolved by the Council and House of Representatives of the territory of Nebraska, that we deem it inexpedient and unnecessary to waste the time of the legisla- tive assembly in enacting or to blot the pages of our statute books in publishing acts either to regulate, abolish or prohibit slavery in the territory of Nebraska. "Resolved, further, That being opposed to the introduction of slavery in this territory, and asserting the exclusive power of terri- torial legislatures over the whole subject of slavery in the territories, by right of inherent sovereignty in the people to regulate their do- mestic institutions in their own way, and by virtue of the provisions of the Kansas and Ne- braska bill, this legislature is prepared in any proper and practical way to take whatever ac- tion may be necessary to prohibit or exclude slavery from this territory at any time when such legislation may become necessary. "Resolved, further, That believing the agi- tation of this question at this time, by the at- tempt to legislate upon the subject of slavery in this territory, to be ill-timed,- pernicious and damaging to the fair name of our territory, Council Journal, 6th Ter. Sess., p. 90. 2 Ibid., p. 118. 8 A Mr. Reynolds of Otoe county made the fol- lowing minority report: "Mr. Speaker: "The undersigned, a minority of your committee, to whom was referred C. B. No. 58, entitled 'Joint resolution for the prohibition of slavery/ respect- fully dissents from the amendments proposed by the majority of your committee, for the following reasons: "The amendments and addition of section 2 make the bill or joint resolution a solemn enactment for the prohibition of the pretended or imaginary evil that has no existence, in the opinion of the under- signed, either in law or in fact, in this territory, there being no law of the territorial legislature establishing it. "Slavery has no existence here, and certainly the ^undersigned is not willing, directly or by implica- tion, to recognize, as he surely would did he give his sanction to a solemn enactment upon the sub- ject, that the constitution of the United States has carried slavery into this territory. If by the provi- sions of that sacred instrument it has an existence here, so far from abolishing or prohibiting it, it is our sworn duty to throw around the institution all the safe-guards, protection, aid and encouragement that we, in our legislative capacity, can afford, and to establish or create laws for the regulation or pro- hibition of slavery assuredly assumes its existence. "Should the legislative assembly of Nebraska cre- ate laws for the regulation or prohibition of the sale of intoxicating liquors in this territory, cer- NEBRASKA the members of this legislature will oppose all such attempts."1 But the council was bent on prohibiting slavery, and another joint resolution to that end was passed by a vote of 6 to 5.2 Doane's point of order that a similar resolution had been postponed by the council at this session was overruled by the president, and the ruling was sustained by the council, on appeal. When this resolution went to the house it was referred to a committee consisting of Turner M. Marquett of Cass county, George B. Lake of Douglas county, and Milton W. Reynolds of Otoe county.3 Marquett and Lake joined in the following report: "Mr. Speaker: "A majority of your committee, to whom was referred C. B. No. 58, having had the same under consideration, would beg leave to submit the following report: "That the bill be amended as follows: "Striking out in the title the words 'joint resolution' and insert 'a bill for an act,' and likewise add the following: 'Section 2d. This act to take effect and be in force from tainly the assembly would recognize and acknowl- edge that liquors were sold here, else they would be guilty of legislative folly, and a wanton abuse and consumption of time to no purpose. "Making laws for the regulation or prohibition of slavery recognizes its existence, else the legisla- ture creating them is guilty of a wanton abuse and consumption of time to no purpose. "The undersigned considers the joint resolution as passed by the Council, quite, if not altogether, in the light of a declaration merely of uncompromis- ing hostility and enmity to a contingent or future existence of slavery in Nebraska. As such he be- lieves it affects the wishes and sentiments of ninety- nine one hundredths of the people here, and surely represents the position of the democracy of the terri- tory upon the subject beyond equivocation, beyond question, and beyond misrepresentation. He, there- fore, earnestly recommends that the joint resolution should pass as reported from the Council. "Further, the undersigned would remind your honorable body, that much time has already been consumed to no purpose, in the consideration of the slavery question, in the many protean shapes and forms it has protruded itself upon our notice during the present session. The undersigned fears, that if the amendments of the majority of your committee shall be adopted by the House, much more of the time that should be devoted to useful legislation will be spent in the other house, in the consideration of those amendments and the result will be continued agitation and distraction. For this additional reason, the minority of your committee recommends the passage of the joint resolution without amendment. ''Milton W. Reynolds." —(House Journal, 6th Ter. Sess., pp. 190-9t)SLAVERY IN NEBRASKA 47 and after its passage/ Those amendments are to be seen on the face of the bill; they need no comments. The question, disguise it as you will, which is involved in this bill, is the great question of the age. Our entire union is divided into two great parties on this question; one party struggles ever to uphold the principles of this bill, the other labors as earnestly for its overthrow, and we are now called to take one side or the other of this great question. "The power to prohibit, in the opinion of the majority of your committee, is conferred on us by our organic act, and, by this measure, the opportunity is given to us to test our fidel- ity to the freedom, and opposition to the ex- tension of slavery. "The opponents of this measure have not a single reason to advance why this bill should not pass; they put forth, however, some ex- cuses for opposing it. They come forth with the miserable plea that they are opposed to blotting our statute books with useless legis- lation. Sir, this is not so much a plea against this law as it is in favor of blotting our terri- tory with slavery. "They say that slavery does not exist here, and that this measure is useless. This excuse will not now hold good, for a president's mes- sage has just reached us in which it is de- clared, and in this opinion he is backed with a powerful party, that men have the right to bring slaves here and to hold them as such, and that this is slave territory. "We, it is true, may not be of the opinion that this doctrine is true, but, sir, if men de- clare that they have a right to make this a slave territory, shall we not prohibit them in this act, and prevent the wrong they would do us? If the friends of slavery insist that they liave a right to hold slaves here, shall we tamely submit to it ? If they insist on making this a slave territory, which they do, shall we not insist that it shall be forever free? "With the amendments proposed, a major- ity of your committee would report the bill back to the House and earnestly recommend its passage. "All of which is respectfully submitted : "T. M. Marquett, "George B. Lake."1 The measure, amended into the form of a bill, passed the house, 19 to 17,2 the council concurring by a vote of 7 to 3.3 As a matter -of course it was vetoed by Governor Black; 1 House Journal, 6th Ter. Sess., p. 189. 2 Ibid., p. 197. for in all walks of life, and notably in the devious pathway to political preferment, en- vironment, especially as it bears upon self-in- terest, has a more potent influence in shaping our principles and determining our beliefs than our weak moral vision is able to perceive or our weaker moral courage is willing to con- fess, and Governor Black had been appointed from President Buchanan's own state, and artfully, if not naturally, reflected the presi- dent's subserviency to the southern, pro-sla- very school of politics. The veto message of this mouth-piece of Buchanan shows the portentous width of the breach between the administration and Douglas factions of the Democratic party. The puerile technicalities employed by the governor in his attempt to prove that the organic act did not intend to invest terri- torial legislatures with authority over slavery indicates his ignorance of the debates over the bill and of the specific declarations by Douglas upon that point. In a heated collo- quy with Green of Missouri, who was insist- ing in a speech*in the Senate, January 12, i860, that the Dred Scott decision had denied any authority of Congress over slavery in the territories, Douglas said: "When the time comes for discussing it, I will show that at that period, on the very night the Kansas-Nebrasska bill was passed, I stated that the sole object of the repeal of the Missouri restriction was that the people of the territory might introduce or exclude slavery through the territorial legislature while a ter- ritory, as well as after they became a state; and no man who heard nje then, can have an excuse for not knowing that I held that the territorial legislature, in the territorial capac- ity, could do it. The record in the Globe will sustain me. . . In the House of Represen- tatives, after the Kansas-Nebraska bill was passed, the question was put to Colonel Rich- ardson, as the democratic nominee for speaker, whether he thought a territorial legislature could exclude slavery by a territorial enact- ment during its territorial existence, and he answered in writing; and after that answer every southern member but three voted for him as sound on the territorial question."4 8 Council Journal, 6th Ter. Sess., p. 139. 4 Cong, Globe, 1st Sess., 36th Cong., pt. 1, p. 420.48 HISTORY OF In the course of these attacks on Green, which were made with his usual terrific force, Douglas insisted that the Dred Scott decision had not decided the question as to the power of Congress to prohibit slavery in the territories: "I receive the Dred Scott decision as an authoritative exposition, but I deny that the point now under discussion has been decided in the Dred Scott case. There is no one fact in that case upon which it could have arisen. The lawyers engaged on each side never dreamt that it did arise in the case. . . The understanding was that when a territorial leg- islature passed an act on this subject, of which any man complained, he should be able to bring the matter before the supreme court; and to facilitate that court in getting jurisdic- tion, we amended the bill by putting in a pe- culiar clause providing that a case affecting the title to property in slaves might be taken up to the supreme court without reference to the amount involved. That clause was in- serted in order to get this judicial question before the supreme court of the United States. How? On a territorial enactment. Nobody ever dreamt that the court was going, in a decision on any case that di9 not affect that question, to decide this point without argu- 1ConGlobe, 1st Sess., 36th Cong., pt. 1, p. 421. 2"To the Honorable the Council of Nebraska Terri- tory: "I herewith return to you, 'An act to prohibit slavery/ unsigned and with my objections. "This act necessarily involves the whole question of power or jurisdiction over the subject matter. If slavery exists here in law, or in fact, to prohibit is to abolish it. If it does not exist, where is the need for legislation? But I do not stop to measure the relative value of mere words, which may be used, indifferently, and for the same object. "This bill, I suppose, is intended to interdict slavery, or involuntary servitude, within the terri- tory ; and, I suppose, is likewise intended to raise the question whether the territorial legislature - can do it. At all events it does so. "For the purpose of considering the question with distinctness, I will first examine it as it may or may not be affected by the treaty with France. This ter- ritory was part of Louisiana, and all agree that when we acquired Louisiana in 1803 it was slave territory, and slaves were property. The third article of the treaty by which Louisiana was acquired by the United States is important at this point. It is a part of the treaty compact that 'the inhabitants of the ceded territory shall be incorporated in the United States, and admitted as soon as possible, according to the provisions of the federal consti- tution, to the enjoyment of all the rights, privileges and immunities of citizens of the United States ; and in the meantime, they shall be protected in the free enjoyment of their liberty, property, and the religion which they profess/ NEBRASKA ment and without notice, and preclude the rights of the people without allowing them to be heard. Whenever a territorial legisla- ture shall pass an act divesting or attempting to divest, or impairing, or prejudicing the right to slave property, and a case under that act shall be brought before the supreme court, I will abide by the decision, and help in good faith to carry it out. . . But the difference between the senator from Missouri and my- self is, that I assert that this question never arose. But suppose I am mistaken. You assert that the question has been decided; I assert that it has not been. Why cannot you wait for it to come before the court regularly? If you are right, the court will decide it in the same way that you think they have already decided it. I do not believe they will ever decide that way; but why not allow the ques- tion to come before the court on a proper case, and allow the argument of it? Let my friend from Ohio [Pugh] argue the case before the court."1 Though the specious technicalities of the veto message sound to us now like a voice from the tomb of a buried past, yet they were well expressed, and will doubtless be read as an interesting illustration of an important phase of Nebraska's early development.2 "As I have had occasion to remark in another communication addressed to you, Nebraska, as a part of the Louisiana purchase, was acquired to be- come a state, and for no other purpose. For this purpose, and this alone, is there any power under the constitution to acquire foreign territory? I do not enlarge upon this point, having already dis- cussed it at length. It is a stipulation in the treaty 'that the inhabitants of the ceded territory shall be incorporated in the Union of the United States/ and it is every whit as strong a stipulation that 'in the meantime' they shall be protected in 'the free enjoyment of their liberty, property and the religion which they ^ profess.' The faith of the country is pledged to it, and it is just as good to inhabitants of Nebraska territory today, or any day, as it was to the first inhabitants in 1803. Mr. John Quincy Adams understood this perfectly, and disposed of the question very briefly ^nd conclusively, when Ar- kansas was before congress for admission, in 1836. 'She is entitled to admission as a slave state, as Louisiana and Missouri have been admitted/ by virtue of 'that article in the treaty for the purchase of Louisiana, which secures to the people of the ceded territories all the rights, privileges and im- munities of the original citizens of the United States, and stipulates for their admission, conformably to that principle, into the union. . . . Arkansas, therefore, comes, and has a right to come, into the union, with her slaves and her slave laws. It is written in the bond, and however I may lament that it ever was so_ written I must faithfully perform its obligation.' Now, what was written in the bond? Was it not that the people of the ceded territories5o HISTORY OF It was hopeless to attempt to pass the bill over the veto, and when the question came are to be secured in their rights of property, person and religion, as well as that they should be admitted into the union on an equal footing with the original states ? "In the Dred Scott case, Mr. Justice Catron says: 'Louisiana was a province when slavery was not only lawful, but where property in slaves was the most valuable of all personal property. The province was ceded as a unit, with an equal right pertaining to all its inhabitants, in every part thereof, to own slaves. . . To enable the United States to fulfill the treaty additional population was indis- pensable and obviously desired, with anxiety, on both sides, so that the whole country should, as soon as possible, become states of the Union. And for this contemplated future population the treaty as ( expressly provided as it did for the inhabitants residing in the province. All these were to be pro- tected, in the mean time, that is to say, at all times "between the date of the treaty, and the time when the portion of the territory where the inhabitants resided was admitted into * the Union as a state."' 'At the date of the treaty,' he further remarks, 'each inhabitant had the right to the free enjoyment of his property, alike with his liberty and his reli- gion, in any part of Louisiana/ "To surmount the treaty difficulty was considered worth a labored effort by Mr. Justice Curtis, in thk Dred Scott case. It occupies four full pages of his able, dissenting opinion. His effort was to show that Congress might prohibit slavery in the territory of which Nebraska is a part. On the strength of Elom and Neilson, 2 Peters, 314-, and Garcia vs. Lee, 12 Peters, 519, he argues, that the stipulation in the treaty addresses itself to the political or legis- lative power, and is not a law for the government of the court. It is enough, to say that these cases are cases of disputed boundaries between nations; and, of course, for the political department of the gov- ernment, and not for the judicial. 'The judiciary is not that department of the government to which the assertion of its interests against foreign power is confided.' But under the third article, individual rights of person, pr-operty, and religion are guaran- teed, and may not be swept away by legislation. "It is also said that, 'the stipulation was tem- porary, and ceased to have any effect when the then inhabitants of the ^ territory of Louisiana, in whose behalf the stipulation was made, were incorporated into the Union.' In other words, that the state of Louisiana, on her admission into the Union, swal- lowed up all the rights guaranteed by the treaty to the rest of the territory, including of course, Ar- kansas, Missouri, Iowa and Minnesota, while in a territorial condition, and Nebraska now. This start- ling declaration is made on the strength of Chief Justice Marshall's opinion, in 9 Peters, 223, to which Mr. Justice Curtis refers as follows: 'In the case of New Orleans vs. De Armas et al. (9 Peters, 223), the question was, whether a title to property which existed at the date of the treaty, continued to be protected by the treaty after the state of Louisiana was admitted into the Union.' The third article of the treaty was relied on. Mr. Chief Justice Marshall said: 'This article obviously contemplates two ob- jects. One, that Louisiana shall be admitted into the Union as soon as possible, on an equal footing with the other states; and the other, that, till such admission, the inhabitants of the ceded territory, NEBRASKA before the council it was laid on the table on motion of Porter, one of its supporters. shall be protected in the free enjoyment of their liberty, property and religion. Had any one of these rights been violated while these stipulations con- tinued in force, the individual supposing himself to be injured might have brought his case into this court under the twenty-fifth section of the judicial act. But this stipulation ceased to operate when Louisiana became a member of the Union, and its inhabitants were "admitted to the enjoyment of all the rights, advantages and immunities of the citizens of ^the United States." ' "And yet, what does this opinion all amount to, except, that so far as the state of Louisiana itself was concerned, the stipulation ceased to operate, be- cause that state had passed beyond 'the mean time' mentioned in the third article of the treaty; and its inhabitants were admitted to the 'enjoyment of all the rights, advantages and immunities of the citizens of the United States.' "It is then a fair and irresistible conclusion, that the third article of the treaty did include the whole of the Louisiana purchase; and it is an undeniable truth, that the citizens of the several states might go into any of the territories carved out of the ac- quisition, and carry with them their property. 'The whole territory,' says the Supreme Court of the United States, 'was acquired by the general gov- ernment, as the representative and trustee of the people of the United States; and it must therefore be held in that character, for their common and equal benefit; for it was the people of the several states, acting through their agent and representative, the federal government, who, in fact, acquired the territory in question, and the government holds it for their common use, until it shall be associated with the other states, as a member of the Union.' And this is in perfect harmony with our whole system. "The federal government is a government of states, and not of individuals or of masses. People make up the states, and states make the confederacy. Though the general gbvernment acts on individuals, within and without the states, it is only in the exer- cise of powers delegated by the states, and conferred in the constitution. . . "All territory is acquired to become a state; but it is likewise acquired for the common benefit of the existing states. It is theirs and the federal govern- ment holds it as their trustee. Consequently every citizen of every state has a share in it. It is his in the first instance, because he is a citizen of some one of the United States, and he has a right to enter into the territory, clothed with his rights as a citizen of the state. He takes his property with him, from his own state, and if he may not do so, then the territory is not acquired for the common and equal benefit of the several states. Does the constitution of the United States then, carry slavery into the territories? No; but under the constitution, and by virtue of it, the federal government acquires ter- ritory for the common and equal benefit of the sev- eral states — slave-holding and non-slaveholding alike. Being acquired, all may go into it, with their property, of whatever kind, and if they may not, there is no equality. That the constitution recog- nizes slaves as property is settled beyond a doubt And though it carries slavery nowhere, it some- times follows it. . . When this territory was first organized, had the citizens of all the states the rightSLAVERY IN A newspaper synopsis of the debate1 on the abolition bill discloses in an. interesting way the differing attitude of the two parties, and of the two factions of the Democratic party, toward the slavery question. Mr. Marquett insisted that the legislature had the right and power to prohibit slavery under the organic act. In the second place he said that the ene- mies of the bill objected to it because they were opposed to cumbering the statute books with abstract questions. "I look forward to the time when the state convention meets to see the same parties raise the cry of abstrac- tion there. Why, sir, the Declaration of In- dependence was an abstraction; the way our forefathers secured to us the blessings we to come into it, with their families and-their flocks? Had the citizens of Missouri the same right to enter into the enjoyment of their common estate as the citizens of Iowa, and had both the right to bring with them any property which they saw fit? If they might not, by what law were they restrained or forbidden ? Surely not by the treaty, for it is sealed to the protection of property, person, and religion alike. With it, these three are equally sa- cred. Not by the prohibition of 1820, called in awful mockery, the Missouri compromise, for that was repealed, and is now pronounced unconstitutional and void. I assume then, that the citizens of the states owning slaves had the right to come here with their property when the territorial government was organized. Some few persons did come with their slaves, and still fewer remained; for the over- ruling reason that Nebraska is no place for slave labor. Were the slaves of those few set free, by the fact of their having been brought into this terri- tory? Some were enticed or stolen away, but no process of law was ever invoked, or could have been invoked, to have them pronounced free. This brings us to the question of power in the territorial legis- lature. Have we the power to manage our domestic affairs in our own way, and exercise the rights of legislation as a free people? . . . In this at- tempt to prohibit slavery by an act of the territorial assembly, I am constrained to say you have over- looked the true intent and meaning of the organic law. "It should be remembered that the restrictive line against slavery, known as 36 deg. 30 min., was' de- signed, not only to control the territories north of that line but to exclude slavery forever from all states to be formed between that line and the 49th degree; thus making the act of Congress to operate on states as well as territories. I say this was the design of the act of 1820, and Mr. Clayton proved it in the senate. Indeed, the great object was, 'to have no more slave states.' "At the organization of Kansas and Nebraska the Missouri restriction was blotted out, and de- clared inoperative and void; 'it being the true intent and meaning of this act not to legislate slaverv into any territory or state, nor to exclude it therefrom; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United NEBRASKA 51 now enjoy was by declaring abstractly their rights and maintaining them; hence it was said by Daniel Webster that the Revolution was fought on a preamble; and in the days of the Revolution men who opposed the right merely because it was an abstraction were called tories." To the objection that the bill created unnecessary agitation, he said that, ''We can not injure the territory by proclaim- ing to the world that the footprints of a slave shall never curse her soil. . . But, sir, it is not an abstraction; there are slaves in this territory. I have heen informed that there are no less than seven or eight at Nebraska City. I have also been informed that there are some fifteen slaves near Ft. Kearney; and States.' This was the triumph of popular sover- eignty over congressional restriction. . . However agreeable it might be to you and to me'to suppose that we are 'the people' in the sense of the organic act, I fear that we must surrender the soft delusion. It is true you are elected by the people; but they did not form the system under which you are elected. Congress and the President did all that; nay more, they shaped the system in all its details, even to the number of each House, and the very days that the legislature may consume in each ses- sion. I intend the utmost respect, but I must say 'the people,' mentioned in the 14th section of the organic act, never did mean and never was in- tended to mean 'the territorial assembly.' "It was the people of the territory, in their orig- inal and sovereign capacity, and they only, which could have been intended. 'The sovereignty of a state' (says Judge McLean), 'does not reside in the persons who fill the different departments of its government; but in the people from whom the gov- ernment emanated, and who may change it at their discretion. This is true. When the people of this territory meet in convention to frame a constitution for a state, they will then, for the first time form their domestic institutions. This is a creative power, and implies permanency. They will likewise form and regulate their domestic institutions in their own way, subject only to the constitution of the United States. Speaking of your powers, which are tem- porary, because the territorial government itself is but temporary, the organic act says, they 'shall ex- tend to all rightful subjects of legislation consistent 1 with the constitution of the United States, and the provisions of this act.' "But not so when 'the people' are referred to. They are subject only to the constitution of the United States. ... "And in thus forming, their own institutions, in their own way, and entering the Union, with or with- out slavery, as they themselves may determine, the people vindicate the great doctrines of state sover- eignty and popular sovereignty together, and illus- trate ' the harmonious workings of a perfect and complete system. Samuel W. Black. "Executive Chamber, January 9, 1860." —(Council Journal, 6th Ter. Sess., pp. 260-66.) 1 Omaha Republican, Dec. 21. 1859.52 HISTORY OF NEBRASKA from the political complexion of the people of that section, I am ready to believe it. Slavery does exist here, and if it is wrong to hold a thousand slaves it is wrong to hold one. If there is only one slave here then there is a necessity for this law." Mr. Belden of Douglas county, Buchanan democrat, said that he voted to reject the bill on the day of its introduction because he be- lieved it was introduced for mischievous pur- poses. lie was unwilling to enter on a crusade against the rights and inter- ests of the South. What had that section of the coun- , , • try ever done that her insti- tutions should be continually and persistently assailed by the abolition press and party of the country? Then, again, there was no necessity for this legislation. It would do no harm to declare that the sun should go on in its accustomed course, still he had no idea that anybody would think of introducing a billforanysuchpurpose. The country had been thrown into a constant agitation for no other purpose than to build up a sectional party. The speaker then read the resolution from the Philadel- phia platform which declared that Congress had sovereign power over the territories, and in the exercise of that power it was their duty to prohibit MILTON W. REYNOLDS1 (KICKING BIRD) slavery. "If Congress has this power how can the territorial legislature have it, too?" George B. Lake, afterward judge of the supreme court of the state of Nebraska, made a very positive and forcible speech, forecast- ing his ultimate desertion of the Democratic party upon the issue in question. This speech created a sensation in the house. Mr. Lake was willing to meet this question to-day, and was opposed to occupying much time. He was prepared to canvass the question and record his vote. He be- lieved we had the right to exclude slavery, and was not one of those who were will- ing to be driven from the position he had taken during the recent canvass, and which was opposed by the republicans; therefore he | said emphatically and can- didly, that the people of the I territories, through their I legislatures, had sovereign I power over this subject. That principle was clearly defined in the Cincinnati platform. Mr. Buchanan, in his letter of acceptance, recognized it in the most emphatic terms. He then read from Mr. Buchanan's letter of acceptance: "This legislation is founded upon principles as ancient as free government itself, and in accordance with them has simply declared Hilton W. Reynolds, son of Alexander and Re- becca Reynolds, the latter dying in 1848 and the former in 1876, was born in Elmira, N. Y., May 23, 1823. He was descended from one of four brothers who emigrated from England in colonial days. When he was four years of age, his parents removed to Coldwater, Mich., where Milton attended school and assisted in the farm work until he was sixteen years of age. Determining upon a college educa- tion, he early engaged in teaching to assist in de- fraying his expenses. He first entered Albion sem- inary, where he was prepared for college and, in 1853, entered the University of Michigan in the second year of the classical course, and was gradu- ated in June, 1856, with the highest honors of his class. He then returned to Coldwater, Mich., and for one year was editor of the Coldwater Sentinel. He then removed to Nebraska City, Neb., in 1857, where for five years,—Aug. 26, 1857, to Oct. 19, 3861,—he was editor of the Nebraska City News. He was elected as a democrat to the territorial leg- islature and served during the session of 1858-59. CJntil the beginning of the Civil war he was known as an active Douglas democrat. In 1861 he was again elected to the legislature, but upon a union war ticket, and was, after a protracted struggle, de- feated for speaker of the house by a fusion of demo- crats and straight republicans. He refused to go into caucus with either of the old parties. Mr. Rey- nolds delivered an oration at Nebraska City, July 4, 1861, arguing at considerable length the unconstitu- tionality of secession; he said: "The Union is a perpetuity, having the constitu- tional power to maintain itself. The question of to- day is. Will the brave hearts and strong arms of loyal men maintain it? For its maintenance, and to%>. /^0-Tnx^-54 HISTORY OF that the people of a territory, like those of a state, shall decide for themselves whether slavery shall or shall not exist within their limits" The democracy fought the campaign of 1856 upon that issue. That was the issue made on every stump in all the free states of this Union. It was to this living principle alone that the democracy were indebted for their success in that struggle. "Does the gen- tleman believe we would have succeeded upon any other ground? This is a principle that is dear to every friend of free government. Men may change but principles never do. The president may declare, as he has since done, that 'slavery exists in all the territories of this Union as much as in Georgia or South Carolina,' if he pleases; but whenever he or his cabinet meets the Little Giant of the West, the language of his letter of acceptance must stare them in the face." His colleague had said that this bill was the vitalizing principle prevent the total subversion of the constitutional powers of the government, war has been inaugu- rated. This is the last and now the only remedy. It matters'not that in the opinion of many the de- plorable results of civil war might have been avoided, and the difficulties settled by peaceable measures. When the bugle blast is sounded, and the marshaling of armies heard, there is no time for disputes about past blunders. War is upon us! It is a war in defense of the Union! The over- powering question is, Has constitutional liberty the right of existence? In such a struggle the loyal and conservative masses of the people know all as enemies and traitors who do not carry the flag and keep step to the music of the Union." In 1862 Mr. Reynolds went to Detroit, Mich., where for two years he was commercial editor of the Detroit Free Press. In the spring of 1865 he settled at Lawrence. Kan. His career in Kansas is well summarized in Wilder's Annals of Kansas, edition of 1886, which gives the following: "June, 1871, M. W. Reynolds and L. J. Perry established the Parsons Sun. "Was one of the vice-presidents of the Kansas editorial association, Jan. 17, 1868. "July, 1870, wrote an article for State Gazette on Kansas as a field for emigration. "Jan. A, 1871, was president Editors' Sixth Annual Convention at Lawrence. "Nov. 8, 1871, was one of the incorporators of the Kansas Magazine Company. "Dec. 1, 1871, was appointed receiver of the Hum- boldt land office. "In 1876 was member of the Kansas legislature— House;—from Lobette county. "May 4, 1'877, resumed publication of Parsons Sun. "Aug. 30, 1877, was one of the vice-presidents at the monument dedication to John Brown at Osa- watomie. NEBRASKA of the Republican party. "That may be so. But if the Democratic party in this legislature- carry out in good faith the principles promul- gated in the organic act, and are not driven to take ground against the principles advo- cated on the stump during the recent canvass, the originators of this bill will be but little benefited by its introduction." He hoped this bill would pass the house. If it did not, and if the majority took ground in opposition to its passage, the Democratic party would be driven into a hopeless minority in this terri- tory. No party could stand for a single day if it took .the ground his colleague had taken. The principle of popular sovereignty was so deeply implanted in the public mind that they would be satisfied with nothing short of it. If this question was of sufficient importance to require us to meet it as we had to upon every stump, and explaining, as we did, that the people had the right to exclude slavery, it seemed to him that every democrat would "Sept. 7, 1877, an article in Kansas City Journal on the public men of Kansas. "May 4, 1883, retired from Leavenworth Press. "July, 1883, writer for Kansas City Times" Mr. Reynolds was an ardent friend of education, and his work in behalf of Kansas university will long be remembered. He was appointed regent of the^ university in 1876, and in January of that year delivered an oration before the university literary societies which has been very favorably criticised. As a member of the legislature he especially distin- guished himself in the promotion of all educational measures. Col. R. T. Van Horn, founder of the Kansas City Journal, and still a resident of that city, was personally acquainted with Mr. Reynolds, who frequently contributed to the columns of the Journal. Col. Van JHorn says that Mr. Reynolds once attended a gi;eat pow wow of the Kiowa In- dians. One of the chiefs was named "Kicking Bird," and this was afterwards used as a nom-de- plume by Mr. Reynolds, all of his newspaper cor- respondence being so signed. Mr. Reynolds was married in June, 1858, to Sarah Galloway, of Liv- ingston county, Mich. She was graduated from Albion seminary as valedictorian of her class and previous to her marriage was a successful teacher in Lansing. They had two daughters, Aedwina and Susan. Mr. Reynolds was active in promoting the construction of the M., K. & T. Ry. and had a large part in securing to the actual settlers the lands known as the "Osage ceded lands." He was known as a man of remarkable energy and absolute fear- lessness in everything he undertook. He died at Edmund, Okl., Aug. 9, 1890. For most of the fore- going we are indebted to George W. Martin, secre- tary # of the Kansas State Historical Society, who furnished the facts from a sketch of Mr. Reynolds appearing in the U. S. Biographical Dictionary for Kansas, 1879.SLAVERY IN NEBRASKA 55 see the necessity of meeting this question promptly and deciding it by forever exclud- ing slavery from this territory. The attitude of intelligent and leading dem- ocrats of this time toward the slavery ques- tion is well illustrated by the remarks, in this debate, of Mr. Milton W. Reynolds, for sev- eral years editor of the Nebraska City News. After asserting that "the object of the bill and its introduction at this time is evidently for the purpose of creating a little stock in trade for the next election," Mr. Reynolds proceeded: % "Slavery has no existence in this territory. The few' persons, amounting to but five or six, held ostensibly as servants, are really in a state of willing or voluntary servitude. When their masters emigrated from Missouri to Ne- braska, they voluntarily and cheerfully accom- panied them. Their condition is by no means deplorable, and I cannot consider them as ob- jects of extraordinary commiseration or worthy of the far fetched philanthropy of gentlemen ever on the alert to discover objects of pity beyond the limits of their own communities and their own neighborhoods. The only per- sons alleged to be held in a state of servitude in this territory are three or four in number at Nebraska City. These three or four be- loved servants are in an infinitely better con- dition than a majority of the white servants of this very city in which is located the seat of government of the territory of Nebraska. Theirs is a paradise compared with nine- tenths of the white servants of the north. They fare better and go better dressed, and are treated more kindly and affectionately: than the hotel servants throughout the entire; northern states. In behalf of these servants I protest against the passage of this bill. Have they petitioned and prayed your hon- orable body to pass any such enactment? Do they desire its passage? Do you not know that it will operate most detrimentally, seri- ously and most prejudicially to their best in- terests ? Driven out from their homes of quiet ease and luxury, they will be obliged to seek a bare and scanty subsistence in that cold, cheerless and already crowded charcoal dis- trict in Canada, or they will be transported to the cotton fields and rice plantations of the south."1 On the third trial—at the seventh session— the prohibitory measure was enacted into law. ^Nebraska Republican, Dec. 28, 1858. * House Journal, 7th Ter. Sess., p. 61. It passed the house with only two dissenting votes—those of Acton and Porter.2 In the council it was passed as follows: Ayes, Dundy, Elbert, Goss, Marquett, Strickland, Taffe, Taylor, Thayer, Tipton, Unthank; nays, Belden, Bennet, Little.3 Governor Black's veto of this bill was substantially a repetition of his veto of the last, though in different form. The complete prepossession of the state sovereignty dogma by the demo- crats of his school and time is shown in the hair-splitting and logic-chopping of the fol- lowing paragraph of the message: "When the people shall form their own con- stitution it will be for them to decide whether this territory shall be received into the Union with slavery or' without it. Whichever way they determine, no man has a right to com- plain, for then the rights, in the territory, common to all the states, are absorbed in the one new and sovereign state added to the confederacy."4 But the message contained an additional argument from the commercial point of view, and expressed with the governor's character- istic eloquence: "If there is any good to come from this proposed prohibition I confess I am not able to see it, and, were your power conceded and clear, I would resist its exercise as bad policy for the territory, and unjust to fifteen states of the union. You have served them with .written notice that they have neither part nor lot in this common inheritance and possession. If the prohibition shall prevail, according to the manifest intent and terms of 'this act,' no man can safely set foot in Nebraska with a slave. You do not allow even the right of transit from one slave-holding state to an- other, for citizens who may desire to carry their property with them. In a word, you not only discourage and forbid emigration from fifteen states, but you prevent hundreds who may wish to pass- through the territory, say from northern Missouri to Texas, from adopt- ing the nearest and best route for them, which would be through some of the southern coun- ties of Nebraska. The chief part of our river trade is with Saint Louis and other parts of Missouri. No steamboat with a hired slave 8 Council Journal, 7th Ter. Sess., p. 67. 4 House Journal, 7th Ter. Sess., p. 178. SLAVERY IN NEBRASKA 57 on board, can with safety, touch the shores of Nebraska, for this law, which I understand you are determined to pass, notwithstanding these serious objections, is unqualified, in its terms and immediate in operation. Is it not perfectly plain, that the effect must be to di- minish in some degree our commercial facili- ties? While I am on this point, allow me to call your attention to a single fact familiar to many of you. During the early part of last summer, one single citizen of Texas, drove through the southern portion* of the territory eight hundred head of cattle, on his way to Chicago, and crossed them over the Missouri at Nebraska City. No matter how great the ad- vantage of this or any other particular trade from Texas may be, must we drive it all away bv this hostile and offensive legislation? 'You pass through and bring to our people what gains you please, but you must not contam- inate our free soil with the footsteps of your slaves.' The policy is narrow, short-sighted and contracted. Look at the map and you will see that the future of Nebraska is linked with Texas. Our road to market is through that great and growing state. From Galves- ton bay to the mouth of th^ Platte river is less than eight hundred miles, and from Gal- veston to New Qrleans, but a fraction over four hundred miles more. A railroad is al- ready surveyed and partially completed to- wards the northern line of Texas. It is destined to penetrate the Indian territory and Kansas and Nebraska, and by that road our rich harvests are eventually to reach their best market. A great consummation, but not greater than the future of a few years will accomplish if we are true to ourselves and do not yield to fanaticism and folly. Is a friendly and fraternal spirit towards one of the states to which we are so nearly allied, or are offen- sive and adverse manifestations likely to ter- minate most profitably to the people? "This is a view, perhaps, of inferior impor- tance, but your constituents may not so con- sider it. And now, when discontent in half the union is general, substantial and serious, your legislation seems to be most ill-timed and unpropitious. Shall we add fuel to the flames of discord and feed the fires of disso- lution? Shall we rcject the wise and benign counsels of patriotism, and discard every sen- timent which leads to a love of country? Or shall we not contribute, of our means, to the restoration of peace and the return of lost repose? On this day, you can, if you will, 1 House Journal, 7th Ter. Sess., pp. 178-79. 2 This was Henry B. Porter of Richardson county. add something to the bright advent of the new born year."1 The bill was passed over the veto—in the house by 31 to 2, Downs and Porter2 voting nay; and in the council by the same vote as it received on its original passage.3 . While the democrats had cooperated with the republicans in the formality of prohibiting slavery in the territory, the leaders of the party dashed from their lips the cup of ad- vantage which would have accrued to them through this moderation, by persisting in their violent opposition to anti-slavery principles or tendencies. At the twelfth session, Augustus F. Har- vey of Otoe county introduced a bill to re- move distinctions on account of race and color in the school laws of Nebraska, "by providing separate schools for negro children." The following minority report discloses the ques- tion at issue: "Mr.. Harvey from the select committee on the bill, by unanimous consent, submitted a minority report, as follows, on House File No. 9—An act to remove the distinctions on ac- count of race and color in the school laws of Nebraska. "That they do not agree with the recom- mendation of the majority of the committee. The bill as referred to the committee pro- vides for the education of colored youth. It gives them all the privileges and advantages of the common school system, the means of a free education, and lays the foundation of their usefulness to the extent of their ability as humble members of the body politic. To the proposition of the original bill, authorizing the boards of education to provide separate schools for colored children, the undersigned agree, and will heartily concur in any action of the House which may adopt it. "But the amendment proposed by the ma- jority of the committee contemplates the ad- mission of colored children to our schools on an equal footing with white youth. This is reaching too far in advance of the age. The people of Nebraska are not yet ready to send white boys and white girls to school to sit on the same seats with negroes; they are not yet ready to endorse in this tacit manner the dogma of miscegenation; especially are they 8House Journal, 7th Ter. Sess., p. 180; Council Jour- nal, ,7th Ter. Sess., p. 167.5* HISTORY OF NEBRASKA yet far from ready to degrade their offspring to a levels with so inferior a race. "The undersigned do not believe the inten- tion of the majority of the committee can be carried out by the people; and we do not be- lieve that the legislative assembly should force upon the people a measure so obnoxious to their wishes ana habits and the established principles of political equity. "We therefore offer the following as a sub- stitute for the recommendation of the major- ity of the committee: 1 House Journal, 12th Ter. Sess., p. 95. 2 Ibid., p. 99. 8 Ibid., p. 105. 4 Neligh, John D., deceased, pioneer of Cuming county, Neb., and founder of the town of West Point, where he settled in Mar., 1858, was born in Allen township, Northampton county, Pa., Oct. 9, 1831, and died at West Point, Neb., Oct. 9, 1896. He was a son of John and Elizabeth (Peterman) Neligh, the former a native of Pennsylvania, who was born Oct. 20, 1792, and who lived to the age of sixty years, when he met an accidental death. Elizabeth Peter- man Neligh was born in Germany in 1796, and was brought to America by her parents in 1800. John and Elizabeth Neligh were the parents of eight children, three sons and five daughters. Mrs. John Neligh died in Pittsburg, Pa., and was buried in Petersville cemetery. Both she and her husband were members of the German Reformed church. John Neligh, the grandfather of John D., was a native of Pennsyl- vania, and married a Miss Schneider. They reared a family of nine children. His father is supposed to have come from England; he died at the age of ninety-three years. John D. Neligh, at the age of fifteen years, was employed in a brick-yard, a busi- ness which he followed off and on during his life- time. In 1856 he went to Iowa City, la., where he remained one and one-half years. He then went to Omaha, and in Mar., 1858, settled on the present site of West Point, Cuming county, where, in partner- ship with J. C. Crawford and George W. Hauser, he began the operation of a steam sawmill. Politically Mr. Neligh was in early life a whig. He voted for Millard Fillmore in 1856 and for Abraham Lincoln in 1860. In 1858 he was elected register of deeds in Cuming county, two years later was elected probate judge, and in 1862 became county clerk. In 1865 he represented Burt and Cuming counties in the lower house of the territorial legislature, and in that year he was again elected county clerk. In 1866 he was appointed probate judge, and the same fall elected again as a member of the territorial legislature, this time serving in the council during the twelfth and last session. In 1870 he was the nominee of the Republican party for representative, but was de- feated. In 1871 he was chosen a member of the constitutional convention of that year. In 1884 he was elected a member of the Nebraska state legis- lature, and served during the nineteenth session. He was appointed postmaster of West Point in 1861 and served in this capacity for eight years. He was also a delegate to the national Republican convention at Philadelphia, which nominated Grant for president the second time. Mr. Neligh manufactured the brick for the first schoolhouse in West Point, and it is said that he was the contractor for the brick work in nearly all the buildings erected in West Point during his lifetime. He always took a prominent cart in educational affairs, and was chairman of the "Resolved, That the amendment to H. F. No. 9, viz., to strike sections 2 and 3 thereof, do not pass. "Aug. F. Harvey, "E. P. Child."1 The amendments of the committee were agreed to by a vote of 19 to 13,2 and the bill passed 25 to io.3 The bill passed the council by the following vote: Ayes, Doane, Doom, Majors, Neligh,4 Presson, Reeves, Sheldon,5 school board for twelve years. In 1867 Mr. Neligh, in company with others, erected the first flour mill at West Point, and in 1872 built the Neligh House. He was appointed by Governor Butler, in 1869, as railroad commissioner for a portion of the F., E. & M. V. R. R., his duties being to see that the road was built according to law. In 1873, when West Point was made a city of the second class, Mr. Neligh was elected mayor, and reelected in 1876, serving in all six years. In 1871 he was elected by the state legislature as a member of the board of emigration of Nebraska. He was also for many years president of the Old Settlers' society, which was organized in 1887. In 1870 he aided in the organization of the county agricultural society, and was elected its first president. Among the impor- tant enterprises with which Mr. Neligh was con- nected during his lifetime were the West Point Manufacturing C01 and the West Point paper mills. The former was organized in 1874, and Mr. Neligh became president of the company in 1876, and in the latter year he incorporated a company and built the West Point paper mills. He was married Mar. 13, 1860, to Miss Catharine Brobst, daughter of Solomon and Kate (Hiskey) Brobst, both natives of Penn- sylvania. Mr. and -Mrs. Brobst were the parents of two children: Amelia, who married Uriah Bruner of West Point, and Catharine, who married Mr. Ne- ligh. Mrs. Brobst died when Mrs. Neligh was an infant. Mr. and Mrs. Neligh became the parents of five children, one of whom died in infancy. Alice was the first white girl born in West Point. She married Alexander H. Simms; U. S. Grant Neligh, the oldest son, .engaged in newspaper work; the other sons were William T. S. and John P. S., the latter the first male graduate of the West Point high school, and also a graduate of the art school of Evanston* 111. Mr. Neligh was a man of much force of character, with very positive convictions and great business sagacity. 6Lawson Sheldon was born in Windsor county, Vt, Sept. 28, 1827; received a common school edu- cation, and in 1851 set out for California via New York city and the Isthmus of Panama. He pros- pected for four years in the placer mines, around Mormon Islands, and on the American river, re- turning home in 1855 by the same route. June 7, 1856, he ~ settled in Liberty precinct, Cass county, near the Weeping Water, where he claimed 160 acres of land, and where he has since resided. His first residence was a log house, but in 1857 he erected a frame dwelling, most of the woodwork of which was sawed from timber on his claim, the pine lumber being hauled from Nebraska City. " His father, Joel Sheldon, was born in Andover, Vt., Feb. 2, 1801, and died Mar. 19, 1875. He was a son of Jacob S., a native of Massachusetts who married a Miss Lovejoy, removed to Vermont, and died there at the age of eighty-seven years. JoelSLAVERY IN Stewart, Wardell; nays, Bates, Baumer, Free- man.1 Following is a copy of the bill: "An act to remove the distinctions on ac- count of race and color in the school laws of Nebraska. "Section I. Be it enacted by the Council and House of Representatives of the territory of Nebraska, That the word 'white' in the fourth line of section eight of chapter XLVIII (forty-eight) of the revised statutes of Ne- braska, entitled schools, and found upon page 354 of the printed volume of said revision, and the proviso at the end of section 48 of same chapter as found upon page 372 of said printed volume, be and the same are hereby stricken,out, and shall hereafter be of no effect. "Section 2. This act shall take effect and be in force from and after its passage."2 • Secfetary A. S. Paddock was acting gov- ernor at this time on account of the absence of Governor Saunders, and he interposed the following veto: "The Honorable, the House of Representa- tives: "I return herewith to your honorable body, in which it originated, 'an act to remove the distinctions on account of race and color in the school laws of Nebraska,' without my approval. "The amendments to the present school law, provided for in this act, contemplate the enu- meration of the colored youths, and the taxa- tion of colored persons in "the territory for school purposes. 1 cannot think it was the design of the legislative assembly to accom- plish only these things by this act. I am quite sure it was intended to give the children of colored persons w7ho are to be taxed for school purposes the privilege of education at the pub- Sheldon married Fidela Pettigrew, of Scotch and German ancestry. They settled in Windsor county, Vt., where they lived until 1869, when they joined their son Lawson in Nebraska, where Joel Sheldon died, Mar. 18, 1875. Lawson Sheldon, with his brother Amsdel, also a pioneer of Cass county, are the only survivors of the family of six children. The former was married Mar. 19, 1857, in Windsor county, Vt., to Julia Pollard, who was born there Dec. 20, 1834. Her parents, Isaac and Sally (Co- nant) Pollard, were of English ancestry and natives of Vermont. Six children were born to Mr. and Mrs, Sheldon, one dying in infancy: Florence, mar- ried Louis Todd of Cass county, and died Apr. 9, 1888; Gertrude S., married Bucephalus Wolph and resides in Cass county; Frank P. conducts a gen- eral store in Nehawka in a building erected by his father and which was the first store building in the town. George L. and Vilas P. reside in Nehawka, NEBRASKA 59 lie expense; yet the act itself does not sanction this. "You will agree with me "that, all who are thus taxed should be allowed their proportion of the school fund for the education of their own children. Any other rule would be op- pressive and unjust. I shall gladly unite with the legislative assembly in the enactment of a law providing for the education of the colored youths of the territory, as well as for the tax- ation of colored persons for school purposes. Permit me, however, to suggest that better results could be expected in the education of both white and colored youths if separate schools could be provided for each. "Much as we may regret it, we cannot close our eyes to the fact that a strong prejudice exists in the public mind against the intimate association of the youths of the two races in the same public schools, which no amount of legislation can eradicate. It cannot be other- wise than that in populous towns, contentions will arise between the two classes which must certainly retard the educational advancement of both. "I think we should act wisely if, in chang- ing the law so that the children of this un- fortunate class of our fellow-citizens who are now excluded, are to receive education at the public expense, we should provide for separate schools where the number of scholars is large enough to warrant it. This should not be compulsory, but optional with the citizens of the locality specially interested. "Very respectfully your obedient servant, "Algernon S. Paddock/'3 On the morning of February 14 the house directed the sergeant-at-arms to return the message to Mr. Paddock because Governor Saunders had returned to the territory on the 13th, the day of the date of the message. Cass county, Neb. Lawson Sheldon had an impor- tant part in the political history of the state as well as in the development of its material resources. He represented Cass county in the lower house of the 4th territorial assembly, and was elected to the second, third, fourth, and eighth sessions of the state senate from the same county. His son, George L. Sheldon, a member of the Nebraska state senate in the 28th and 29th sessions, was born near Nehawka, Neb., May 31, 1870. He received the degree of B. L. from the University of Nebraska in 1892, and the degree of A. B. from Harvard university in 1893. He served in the Spanish-American war, as captain of Co. B, 3d Neb. Vol. Lawson Sheldon died at his home in Nehawka, Feb. 17, 1905. 1 Council Journal, 12th Ter. Sess., p. 153. 2 House Journal, 12th Ter. Sess., p. 254. 8 Ibid., p. 253.6o HISTORY OF Appeal was made to Governor Saunders, but he declined to interfere as follows: "Omaha, Neb., Feb. 14, 1867. "To the Honorable, the Speaker of the House of Representatives: "Sir—Your communication of this date, in which you state that 'you are of the opinion, (a majority of the House agreeing), that in the case arising, in which the secretary has to- day returned certain bills as Acting Governor, that the House can receive no such communi- cations,' is received. "In reply, I beg leave to state that I re- turned to the territory on the evening of the 13th inst., but it was at too late an hour for ordinary business, and I therefore gave no notice of my return, to the secretary, until today, the 14th inst. "I have this day assumed the duties of my office, and I can see no impropriety in the act- ing governor returning, today, the business of yesterday and prior days of the session; but, of course, I do not assume to legally de- cide this question for the House. "I have the honor to be, sir, very respect- fully, Alvin Saunders, "Governor of Nebraska,"1 The intent of the amendment plainly was to throw open the public schools to negro 1 House Journal, 12th Ter. Sess., p. 252. 2 Isaac Wiles, pioneer, was born in Henry county, Ind., Oct. 5, 1830, and removed to Andrew county, Mo., with his parents in 1841. In 1852 he went to California, where he farmed until 1855; then he lo- cated in Mills county. Ia., for a short time. He finally settled in Nebraska in 1856, near Platts- mouth, and engaged in farming. In Oct., 1862, he enlisted in Co. H, 2d Neb. Cav., was appointed 1st lieutenant, in November following, and served about fourteen months. Shortly after, he was commis- sioned captain of Co. B, 1st Neb. militia, in which he served six months, and then returned to his farm. He was a member of the first school board in his district, and served as a member of .the eighth and twelfth sessions of the territorial assembly, and in the house of representatives of the 2d, 3d, and 4th state legislatures. He was elected county com- missioner of Cass county in 1859, and served some time as a member of the Plattsmouth school board. Mr. Wiles was married in Mills county, la., Oct. 30, 1856, to Nancy E. Linville, a native of Mis- souri, who bore him nine children: "Mary, Ursula, Abraham L., Jessie G., Edgar M., Grace, Thomas F., Luke, and Isaac Ray L. 8 William Daily, Auburn, Neb., was born in Jef- ferson county, Ind., July 24, 1828. His father was Rude Daily, a substantial farmer of German and Irish extraction, who married Mrs. Isaac Tomlin- son, a native of Virginia, whose maiden name was Anna Demint. Mr. Daily says of his first schooling that "it was obtained in a log school house with a mud and stick chimney and a huge fireplace. One log was cut out of the side of the building to admit NEBRASKA children; but possibly Acting Governor Pad- dock was right in assuming that, though they were to be enumerated and the property of negroes was to be taxed with that purpose in view, yet, without a positive provision in the law that these children should be admitted to the schools, they would be excluded. The house evidently distrusted its act, for no at- tempt was made to override the veto. Illus- tration of the fact that republican policy had now settled determinedly for general negro suffrage, and of the no less determined oppo- sition of the democrats, is found in the ma- jority and minority reports of the select com- mittee to whom was referred that part of Acting Governor Paddock's message whicfi disapproved of impartial suffrage. The ma- jority report, made bv Isaac Wiles2 of Cass county and George Crow and William Daily3 of Nemaha county, was as follows: "We hold that the dogma of partial suffrage is a dangerous doctrine and contrary to the laws of nature and the letter and spirit of the Declaration of Independence. We hold these truths to be self evident, that all men are cre- ated equal; that they are endowed by their the light, the opening being covered with greased paper held in place with sticks. For seats small logs were split in two pieces with pins put in one side for legs. My limited education was obtained under the above conditions." Mr. Daily earned his first money on his father's farm, and began business on his own account in Madison, Ind., as a livery- man and horse dealer. Disposing of this business he removed -to Danville, 111., and after one year went^ to Madison county, la., where he engaged ill farming, with moderate success, until 1861, when he traded his Iowa farm for 160 acres four miles southwest of Peru, where he settled in April of that year. Shortly after his arrival in Nebraska, Mr. Daily was appointed superintendent of the saw and grist mills at the Otoe and Missouri Indian agency. He served in this capacity for two years, when he was appointed deputy provost marshal under Oscar F. Davis of Omaha. One year later John P. Baker resigned as agent, and Mr. Daily was appointed his successor, holding the office two years. At the time of Mr. Daily's appointment, the late J. Sterling Morton, who was editor of the Nebraska City News, said in his paper that he was at the Otoe reserva- tion and saw the Indians out on hills overlooking their village, busily digging in the ground. Morton asked them the cause. Their reply was that Daily had been appointed their agent and that they were burying their blankets to keep him from getting them. Major Daily says, "It was my duty while agent to pay the Indians a back payment that a former agent, Maj. William W. Dennison, had taken with him back to Richmond, Va., where he had joined the southern confederacy." In 1866 Mr. Daily resigned as Indian agent and was soon afterSLAVERY IN Creator with certain inalienable rights ; that among- these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriv- ing their just powers from the consent of the governed/ Your committee is of the opinion that there should be no law prohibiting any portion of our people from the exercise of the right of suffrage on account of race or color; and that the qualifications for the elective franchise should not be based on education, but patriotism, manhood, and natural intelli- gence. Entertaining these views your com- mittee cheerfully endorses the action of con- gress in so changing the organic acts of the territories that henceforth, in any territory now organized, or hereafter to be organized, there shall be no denial of the elective fran- chise, on account of race or color."1 The opposing minority report, presented by Steritt M. Curran2 of Douglas county and Au- gustus F. Harvey of Otoe county, was as follows: "We hold that the dogma of impartial suf- frage is a dangerous doctrine and contrary to the laws of nature and the spirit of the Dec- laration of Independence. elected to the house of representatives of the last territorial and the first state legislatures, represent- ing Nemaha county. In the fall of 1865 Rev. Hiram Butch, now of University Place, Neb., was the Methodist preacher at Peru, and started a sub- scription to build a church. Mr. Daily took the position that a school building was much more needed, and vigorously championed this idea, soon winning Mr. Burch over to his side. About ten thousand dollars was raised by popular subscrip- tion, a building erected and placed at the disposal of the Methodist Episcopal church, to be used as a seminary or college. A school was started in the new building in the winter of 1866 or 1867 with Professor McKenzee as principal. The conference never took charge of the school, so when the scheme for the removal of the capital from Omaha to some point on Salt creek was under consideration and seeming to hang in the balance, Abel B. Fuller, now a resident of Ashland, had a bill prepared to locate a normal school at Ashland, but finally said to Mr. Daily, "you may take this bill and make it conform to Peru, and we will pass it if capital removal goes"; so Mr. Daily secured the consent of Mr. Burch to turn the plant at Peru over to the state,- providing the normal school was located there. Col. Thomas J. Majors was a member of the senate at the time, and joined heartily with Mr. Daily in securing the location of the Normal school at Peru, and an appropriation of $3,000. This was the be- ginning of the present State Normal school. Wil- liam Daily was elected in 1869 as a member of the senate to fill the vacancy made by the resignation of T. J. Majors to accept the appointment of rev- enue assessor. Mr. Daily was again elected in 1870, as a member of the house of representatives, and took part in the impeachment of Gov. David Butler NEBRASKA 6i "We hold that the right to the elective franchise is not a natural and inalienable pre- rogative, but is one which may be granted or taken away at the pleasure of the primary governing power, that is, in a democratic form of government by the people. "We hold, also, that the dictation by con- gress, directing the people of any territory to confer the elective franchise upon any race or class is without warrant in the constitution of the United States, without precedent in the history of national legislation, and a gross usurpation of the most sacred rights of the people."3 The majority report was adopted by a vote of 23 to 9, and the minority report was de- feated by a like vote.4 Following is a sample Mortonisnr from the Ne7vs: "Sir William Daily, member from "PrU/ as he spells it, has prepared twenty- seven bills for striking out the word white in Nebraska laws. Trouble with the apportion- ment bill alone prevented him from striking out Brown in Brownville, and inserting 'with- out distinction on account of race or color.' "5 He was appointed by U. S. marshal, Joseph Hoile, to take the U. S. census of Nemaha and Johnson counties. In performing this work he rode continuously on horseback for eighty-seven days. Mr. Daily was formerly a republican, and took some interest in the Fremont campaign of 1856. Pre- vious to this he was a free soiler and subsequently became a populist, and is still an ardent supporter of the principles of the Peoples' party as set forth in the Omaha platform. He was appointed United States marshal in 1872 by President Grant, and upon the reelection of Grant in 1876 he was reappointed to this office. In 1880 he resigned and was elected to the state senate at the November election, of that year, and made a vigorous fight for the election of Judge Elmer S. Dundy, as United States senator. He was deputy oil inspector during Governor Hol- comb's administration, and held the office until the election of Governor Poynter, when he resigned. During all the years of his residence in Nebraska, he was a farmer, and from 1874 to 1900 Mr. Daily carried on a stock farm, engaged chiefly in breed- ing Shorthorn cattle and light harness horses. He was married in Madison, Ind., in June, 1850, to Miss M. J. Culbertson. Nine children were born of this union, four dying in infancy, and five are still living, namely:. Mrs. Alice E. D. Goudy, Peru; Mrs. Anna M. Farnsworth, Springfield, Mo.; Mrs. Sadie E. Hoadley, Peru, Neb.; J. M. Daily, residing in the state of Washington; and Katherine Daily. 1 House Journal, 12th Ter. Sess., p. 96. 2Sterritt M. Curran became speaker of the first house of representatives of the territory of Wyoming. 3 House Journal, 12th Ter. Sess., p. 97. 4 Ibid. 5 Omaha Herald, Mar. 22, 1867.HISTORY OF NEBRASKA The first local record of slaveholding in Nebraska is in the Palladium of August i6, 1854. As the climax of a severe rebuke of critics of the popular sovereignty principle the editor asserts that, "an Omaha squaw is the only negro owner in the territory." The News of November 27, 1858, notes that on the day of the first appearance of the Press, the opposition organ,1 "two negro women were en- ticed from our worthy townsman, Stephen F. Nuckolls, by some white-livered aboli- tionist, '' and that Mr. Nuckolls had offered a reward of $200 for their apprehension and return to him. The Dakota City Herald tells of the arrest of a fugitive slave, Phillips by name, who had been at that place about a year; but he was res- cued by citizens from the Iowa side of the river.2 "A case that well illustrates the method of search employed by pursuing parties is that of the escape of the Nuckolls slaves through Iowa, the in- cidents of which are still vivid in the mem- ories of some that witnessed them. Mr. Nuckolls, of Nebras- ka City, Nebraska, lost two slave-girls in December, 1858. lie in- stituted search for them in Tabor, an abolition- DAVID DOUGLAS BELDEN4 FOURTH MAYOR OF OMAHA 1 Nov. 25, 1858, 2Omaha Republican, Dec. 21, 1859. "Siebert, The Underground Railroad, p. 52. 4 David Douglas Belden was born in Farmington, O., Mar. 24, 1831. He acquired an academic educa- tion in northern Ohio, and studied law with Joshua R. Giddings, the famous abolition congressman, and with Rufus P. Ranney, afterward chief justice of Ohio. He was admitted to the bar in 1848, and for seven years practiced in Warren, O., where he served as prosecuting attorney. He married Emily C. Par- ist center, and did not neglect to guard the crossings of two streams in the vicinity, Silver Creek and the Nishnabotna river. As the slaves had been promptly dispatched to Chi- cago, this search availed him nothing. A second and more thorough hunt was decided on, and the aid of a score or more fellows was secured. These men made entrance into houses by force and violence, when bravado failed to gain them admission. At one house where the remonstrance against intrusion was unusually strong the person remonstrating was struck over the head and injured for life. The outcome of the whole affair was that Mr. Nuckolls had some ten thou- sand dollars to pay in damages and costs, and, after all, failed to recover his slaves."3 The Underground Railroad (Siebert) collects from the let- ters of Rev. John Todd, of Tabor, la., which were published in the Tabor Beacon in 1890—91, the fol- lowing account of the pursuit of his ab- ducted slaves: Eliza, a slave of Stephen Nuckolls, who had escaped late in 1859, was arrested in Chicago on the 12th of November, i860, and to escape a mob of excited ne- groes the United States marshal was com- pelled to give the woman to the city police, melee at Baltimore, May 7, 1849. In Apr., 1857, he removed with his wife to Omaha, where they re- mained six years. Here were born their two sons; the older, Edward Parmelee, dying in infancy, is buried in Prospect Hill cemetery, Omaha. Their second son, Charles Parmelee, died when ten years of age and rests in Riverside cemetery, Denver, where his father and mother now lie beside him. David D. Belden was the fourth mayor of Omaha, elected by unanimous vote in the spring of 1859. He was chosen by the people to receive the deed for the town site of Omaha that he might in turn deedSLAVERY IN who lodged her in the armory for safe-keep- ing.1 On the 24th the same paper relates that Eliza had been taken from an officer of the government and sent "kiting to Canada." The Omaha Nebraskian2 quoted approvingly the comment of the Chicago Times and Herald on the incident: "A runaway slave, belonging to Hon. S. F. Nuckolls, of Nebraska City, was recently cap- tured in the city of Chicago, but almost imme- diately forcibly taken from the officers by a mob of drunken negroes and black republi- cans. In commenting on the affair, the Times and Herald of that city says: " 'In the presence of thousands assembled, a mob- of drunken and infuriated negroes forcibly overrides the constituted^ authority of the constitution of the United States, and res- cues a fugitive from the custody of the law, amid general rejoicings and midnight howls! Who can doubt henceforth the strength of the federal government? Who can question our loyalty to the constitution ? Let the south dare to talk of seceding, with this glorious evi- dence of our fidelity to our obligations to the law? Grand government! Magnificent civ- ilization ! Down with the lawless southern barbarians! Stocks rising! Illinois banks sound! Niggers going up! The jubilee of freedom actually come!' " 'Go it darkies! Hurrah for free speech, free homes, free mobs, and free negroes. The' day of jubilee has come!' " the lots to the lawful owners. The land, 813 acres, was sold at the government land office to John Mc- Cormick for the^ price of $1.25 per acre. He imme- diately deeded it to Mr. Belden for distribution. Then followed a fierce fight between lot jumpers and good citizens; but Mr. Belden had undaunted courage, and in spite of threats of violence and frantic opposition from the lot jumpers he deeded every lot to the rightful owner who could show abstract of title through the Omaha and Council Bluffs Ferry Co., which company had orig- inally claimed and platted the site of Omaha. The gold dollar which Mr. Belden gave to Mr. Mc- Cormick in consideration for his deed was worn for many years by Mrs. McCormick upon her watch chain. Mr. Belden was elected 'to the lower house of the territorial legislature in 1859 and to the coun- cil in 1860, and reelected in 1862 by unanimous vote. During the capital removal contest in the legisla- ture Mr. Belden was an active Omaha partisan, and during the closing hours of the session of 1861 he was largely instrumental in defeating a bill for the removal of the capital to Columbus, talking against the measure for five hours, when the opposition agreed to a postponement of the bill, in order to pass the appropriation bills before the hour of ad- journment. Early in the winter of 1863 Mr. Belden resigned his seat in the legislature and removed with his family to Denver. The remainder of his life was spent in Colorado, except seasons of visit to Cali- NEBRASKA 63 Cyrus H. McCormick, the famous manu- facturer of reapers and mowers, was the owner of the Times and Herald at this time. In i860 Mr. Nuckolls brought suit in the district court of the territory against Reuben S. Williams, George B. Gaston, Lester W. Piatt, and thirteen other citizens of Civil Bend, la., for carrying off two of his slaves to Iowa and then to Canada in 1858. Judge Miller, overruling a demurrer, decided that in this territory, where there had been no legis- lation on the subject, under the constitution and lawsx of the United States, an action might be entertained against parties carrying aw&y persons owing service or labor.8 The Missouri-Kansas line of John Brown's "underground railroad" system for running off slaves into Canada ran through southeast Nebraska. It passed through Lawrence, To- peka, Horton, and Albany, Kan., crossing the Nebraska Mne opposite the last-named place. It then ran through Little Nemaha, Camp Creek, and Nebraska City, crossing the river here to Percival, about seven miles northeast, in Fremont county, la".; then on to Tabor, which was a sort of rendezvous. From this place there were several roads, but all toward the northeast. In December, 1858, Brown made a raid into Missouri and led away twelve fornia, the Atlantic Coast, and to various countries of Europe. He held many offices of public trust as member of the state legislature and as city attorney for Denver. When out of office he enjoyed a good practice, and such was his known integrity and kind- ness of heart that he was known as "the widows' and orphans' lawyer." Later in life, as his hearing became defective, he engaged in mining and was prominently known in that business in Central City, Leadville, and Red Cliff. The famous Belden mine in Eagle county was named for him, and he was once one of the owners. It has been said of him that "to know him at all was to know him well, for he was always the same, natural, sincere, and genu- ine." It was also said of him that "He had a pas- sion for truth and justice." He died Dec. 2, 1897. His was a good life peacefully ended. "'Tis the glory of the sunset Shining o'er him. Life's short day is over, And before him Is the vision of another, Brighter morn, As beyond the opening portal He is borne." —(Charles C. Belden, Omaha, Neb.) 1 Nebraska City News, Nov. 17, 1860. 2 Nov. 24, 1860. 3 The Peoples Press (Nebraska City), Nov. 1, 1860.64 HISTORY OF NEBRASKA slaves over the route described, and then on to Canada and freedom. The party of fugi- tives passed through Nebraska City on the nth of February, 1859, and the News—Milton W. Reynolds, editor—gives them a God-speed lit- tle less than ferocious. The head-lines of the notice were: "Horse thieves and nigger stealers. Fit associates, Boon companions! Old John Brown of Osawatomie passes through Nebraska City with a troupe of Nig- gers and a gang of Horse-Thieves. Read! Read! Ye who are at- tacked with Negropho- bia !" The exciting cause of this tempestuous out- break of epithet follows: 4'John Brown, Captain John Brown, Old John Brown of Osawatomie, the 'Old John Brown' who Gerritt Smith, when leading on the cohorts of the simon-pure abolition- ists in the last campaign of New York, being a lit- tle at the outs with the straight black republi- cans, declared had done more for the freedom of Kansas than the whole- republican party, passed through this city late last Friday evening at the head of a herd of stolen niggers taken from south- ern Missouri, accom- panied with a gang of horse thieves of the most desperate character. They had a large number of stolen horses in their possession—two of which were taken and are now held by the deputy sheriff of this county. "There is an appropriateness and fitness in nigger stealers being associated with horse thieves that the rankest black republican can- not fail to appreciate. A fellow feeling makes them wondrous kind. Their practices are sim- ilar, and it is not to be wondered at that they exhibit little discrimination in the selection of their chattels. If the amount of the property stolen is to regulate the heinousness of the crime, it must be confessed the profession of the horse thief is the more liberal and digni- JOHN BROWN THE ABOLITIONIST fied calling. Osawatomie Brown and the notorious Montgomery have carried on their depredations during the last few months in a high-handed manner. Brown and his precious gang have eluded their pursuers; they have gotten into Iowa and may now be considered as safely on Mother side of Jordan/ We clip from the Daily St. Joseph Gazette an account of their escape from Kansas: " 'A gentleman from Atchison, upon whose statements we can place the utmost confi- dence, informed us late last evening, of some new outrages in Kansas. He states that Osa- watomie Brown, with eleven runaway slaves, had been surrounded by a posse of men under the U. S. marshal, in a little town called Eureka. The marshal did not deem his force sufficient to attempt a capture of Brown, and sent to Atchison City for a reinforcement. Four- teen men left this latter place on Sunday evening to join the Marshal whose whole force, counting the men from Atchison, num- bered but twenty-five, and with which he marched to Eureka to accomplish his purpose. On reaching this point, however, it was dis- covered that Brown had about seventy-five men well armed, be- sides the eleven negroes, and not deeming it safe to make an attack upon him, they com- menced to retreat. One of the marshal's party named William Green lost a horse in the retreat, and three others, Dr. Hereford, Charles Deitman and Joseph Mc- Vey, volunteered to go back with him to Eu- reka to recover it. They were set upon by Brown's men when near that place and all taken prisoners, and are now in his camp. The marshal has sent to Ft. Leavenworth for troops to assist him in arresting Brown, if possible, before his escape into Nebraska.' 'n But Siebert2 says that EJrown had "a mere handful of men," and he states that, "at Hol- ton a party of pursuers two or three times as 1 Nebraska City News, Feb. 12, 1859. 2 The Underground Railway, p. 163.SLAVERY IN NEBRASKA 65 large as Brown's company was dispersed in instant and ridiculous flight and four pris- oners and five horses taken. . . Under an escort of seventeen 'Topeka boys' Brown pressed rapidly on to Nebraska City." When the fugitives reached Grinnell, la., they were entertained by J. B. Grinnell in his own house. The democratic territorial newspapers were from the first hostile to anti-slavery sentiment and propaganda, and this hostility became bitter and almost vio- lent when the repub- lican press became aggressive against sla- very. The Nebraska City Newsx refers to the Omaha Republican as "our woolly neigh- bor" and "our African contemporary"; and, under the head "Dig- nified and Courteous Lying,"3 in charging the Rcpublica.71 with the heinous offense of issuing a map of the gold regions which shows Ft. Kearney as lying north of a line due west from Ne- braska City while it is in fact a mile and a half south of that line, calls the Republican ' 'an organ of the great moral and religious black republican party. It rolls up its ebony a pair of white ivory teeth when we call things by their right name in our criticisms upon its party." Mr. Theodore H. Robert- son, editor of the Nebraskian, in the course of a trip to the East in the spring of i860, passed through Oberlin, O., and in his paper3 he assailed that place as, "The plague spot of creation, the hotbed of fanaticism, the car- buncle upon Ohio, and the black stain upon her fairest escutcheon, where treason is taught as a virtue and where hideous murder is re- garded as no crime, where abolitionism is taught from the pulpit as more sacred than the gospel of Christ. In Oberlin, John Brown, the cruel mur- derer, the experienced and skillful horse-thief, is canonized as a holier person and better saint than the world ever before saw. The pe- culiar institution of Oberlin is nigger." The Nebraska Ad- wr/wtfr4attacks Gover- nor Black's veto of the slavery prohibition bill and quotes severe criti- cisms of the veto mes- sage by the Chicago Times, the Philadel- phia Press, the Pitts- burg Post, and the Cin- Times said: "In his woolly eyebrows in pious horror, and shows message, the governor, Hon. Samuel W. Black, JOHN FITCII KINNEY5 f eyes from under its cinnati Enquirer. The JJan. 1, 1859. 2 Feb. 12, 1859. 8 Mar. 10, ]860. 4 Feb. 9. 1860. 'John Fitch Kinney, son of Dr. Stephen F. and Abby (Brockway) Kinney, was born Apr. 2, 1816, at New Haven, N. Y. His father, a native of Mas- sachusetts, was educated at Hamilton college and died at the age of eighty-four years in Marysville, O. Abby (Brockway) Kinney was a native of Con- necticut and a daughter of Rev. D. Brockway. She died in New Haven, N. Y. in 1824. John F. Kinney received most of his education under private tutors, and he early began teaching in the public schools. He commenced reading law in the spring of 1834 in the office of Orville Robinson, Mexico, N. Y., later prominent in the political history of that state. The fall of 1836 he settled in Marysville, O., where he taught school and studied law in the office of Au- gustus Hall, whose sister, Hannah Dorothy Hall, he afterward married. Hannah D. Hall was the second daughter of Col. Samuel Hall, formerly of Batavia, N. Y., but then living near Mt. Vernon, O. She was married to Judge Kinney, Jan. 29, 1839. In Dec., 1837, Mr. Kinney was admitted to the bar and began the practice of law in Marysville. In 1838 he was the democratic nominee for prosecuting attorney of Union county and was defeated by 13 votes. He removed to Mt. Vernon, O., in the summer of 1840.HISTORY OF NEBRASKA furnishes the legislature with a literary and le- gal production which is a weak, very weak, condensation of the other Black's famous argu- ment. . . If slavery cannot be repealed or prohibited in Nebraska by the legislature be- cause the constitution protects and guarantees security to it as property, how can Governor Black as a lawyer . . . maintain that the people of Nebraska, by a state convention, can displace and overrule the constitution of the United States?" The Press said: ' 'The executive authority of the territory is vested in Col. Samuel W. Black, of Pittsburg, who was appointed governor by Mr. Bu- chanan, and who, while always an ardent dem- ocrat, was at no very remote period, a warm advocate of the Wilmot proviso, and we believe the author of the reso- 1 u t i o n incorporated into the platform of the democratic state con- vention, adopted at Pittsburg in 1849, in favor of the Wilmot proviso. In the cam- paign of 1856, Colonel Black was an earnest champion of the doc- trine of popular sover- eignty as then under- stood in our state; and few who heard his eloquent speeches at that time, . . . when Here a law partnership was formed with Caleb J. McNulty, a prominent democratic politician. With the removal of Colonel Hall and his family, J. C. Hall, and Augustus Hall to Iowa, Mr. Kinney also removed to that territory and settled in Lee county. In 1845 he was elected secretary of the legislative council of Iowa, and reelected at the ensuing ses- sion. In 1846 he was elected prosecuting attorney for Lee county, la. In 1847 he was a candidate for the democratic congressional no., .nation for his dis- trict, but was defeated. He was president of the Democratic state convention which met at Iowa City in June, 1847. On the recommendation of this convention, Mr. Kinney was appointed associate jus- tice of the supreme court of Iowa by Governor Ansel hannah d. he advocated the right of the people of the ter- ritories to control their 'domestic institutions,' with special reference to the slavery question, would have supposed that he entertained the slightest doubt about the power to decide whether slavery should or should not be toler- ated among them." The Press made the same point as that made by the Times, that Gov- ernor Black imitated Attorney General Jere- miah Black's argument, and that in citing the Louisiana treaty he proved too much, be- cause if the people of the territory could not override the treaty in the passage of laws neither could they do so in forming constitu- tions. The Pittsburg Post, published at Black's old home, and the Cincinnati En- quirer both charged him with recreancy to the principle of popu- lar sovereignty. The People's Press, of Nebraska City, in- sisted that slavery was an issue: "Democracy has made this slave territory. In you r own courts — almost within the shadow of your own homes (hall) kinney —servile laborers are employed in places that should be open to the independent competition of the free laboring man of Otoe Briggs, to fill a vacancy. He held this office by ap- pointment for two years and was then elected, by a joint session of the legislature, for the constitutional term of six years. In the winter of 1850 Judge Kin- ney was appointed special commissioner by Congress to take testimony in a congressional election contest between William Thompson and Daniel F. Miller of Iowa, involving the legality of the Mormon vote cast at or near the present city of Council Bluffs, la. In April of that year, in company with the counsel in the case, Judge Kinney traveled by private convey- ance from Burlington, la., to Council Bluffs, a dis- tance of 325 miles, through a country which for a distance of 250 miles was uninhabited. In Aug., 1853, Judge Kinney was appointed as chief justiceSLAVERY IN county."1 This republican organ also insisted that "the people have, and should exercise the power of sovereignty, of prohibiting slavery." The same paper said: "Leave it to the con- trol and operation of those laws of nature of the supreme court of Utah. The following Jan- uary, he accepted this position, and resigned as judge of the supreme court of Iowa. In the spring of 1854, after placing his eldest daughter, Julia Beatrice, in an Episcopal seminary in Georgetown, D. C., with the remainder of his family, he left for Utah, mak- ing the journey in a private conveyance, a distance of 1,500 miles, which required four months. While en route a son was born to Mrs. Kinney at Dr. Mun- son H. Clark's hospital at Nebraska Center, Ne- braska territory. This boy was born the day after the Kansas-Nebraska bill became a law and he was at once given the name of "Bill Nebraska," although afterwards christened Steptoe, in honor of Colonel Edward Steptoe of the United States army. Judge Kinney remained in Salt Lake City until the fall of 1856, holding court without interruption and admin- istering the law to "Jew and Gentile" without inter- ference. When holding court in counties remote from the city he was furnished an escort by Colonel Steptoe as a protection against the Indians. In the spring of 1856 he returned to Iowa to give his chil- dren the benefit of an education. In the spring of 1857 Judge Kinney sold his property in Iowa, and in April took steamboat at Ft Madison on the Missis- sippi river for Nebraska City on the Missouri river, via St. Louis, the only public conveyance at that time between these two points. The distance to Nebraska City across the state of Iowa was a trifle over 300 miles; by water it was 1,400 miles. The journey occupied twenty-one days. While the steamer was grounded on a sandbar an organization was formed4 among the passengers for the purpose of exploring and selecting a town site in southern Nebraska. Mr. Kinney was made president, and with Jefferson B. Weston-and Bennet Pike was appointed a committee to make the selection. The committee left the boat at Nebraska City, May 2, 1857, and two weeks later started on their mission, having been delayed by the ■ illness of Mr. Kinney, with erysipelas. After explor- ing the Big Blue river and its tributaries, they trav- eled down the Big Blue and selected the site on which the city of Beatrice is located. By previous appointment, the committee met their associates of the steamboat, Hannibal, in June following at Om- aha. The town site was named Beatrice in honor of Mr. Kinney's eldest daughter. Returning from this expedition, Judge Kinney opened a law office in Ne- braska City, and one of his first cases was the de- fense of Simpson Hargus, indicted" for the killing of James Lace}'. Hargus was convicted in the district court for manslaughter, but the case was taken to the supreme court, where he was acquitted on the ground that the criminal code of Nebraska was re- pealed, without a saving clause as to pending prose- cutions ; therefore there was no power in the court to punish. Judge Kinney's argument before the su- preme court occupied ten hours. For his services in this case, in which he was assisted by A. A. Brad- ford, he was paid $2,000. Judge Kinney was the at- torney for General Estabrook in the Daily-Estabrook contest, meeting there the attorney of Mr. Daily, Hon. Richard Thompson, of Indiana. About Aug. 1, 1860, JucTge Kinney was again appointed to the office of chief justice of Utah, this time by President Bu- NEBRASKA 67 upon which the democracy ask us to rely for the making of this a free state and Nebraska will inevitably be a slave state."2 The Press insisted that those who were able to buy or hire slaves would do so for the purpose of chanan. About this time Judge Kinney was promi- nently mentioned as candidate for the nomination of delegate to Congress from Nebraska, but withdrew in favor of J. Sterling Morton. In Sept., 1860, the jour- ney to Utah was again entered upon, this time by stage from St. Joseph, Mo. This involved twelve days and nights of continuous travel without rest. Instead of Indians it was white men who were the terror of travelers. The following spring, leave of absence being again obtained, Judge Kinney returned to Nebraska City, where he spent the summer. In 1862 he received the democratic nomination for Con- gress, by a convention which was by no means har- monious, and made a campaign against Samuel G. Daily, the republican candidate, by whom he was defeated. He again returned to Utah as chief jus- tice, and in June, 1863, was removed by President Lincoln, presumably because he had been the demo- cratic nominee for Congress from Nebraska the year before. In Aug., 1863, Judge Kinney was elected to represent Utah in the United States Congress, re- ceiving every vote cast at the election. He again crossed the plains by stage and took his seat in Con- gress \vith Mr. Daily, who had defeated him in Ne- braska in 1862. At the close of the 38th Congress, in the spring of 1865, Judge Kinney returned to Utah by stage and spent the summer exploring southeastern Utah with an escort of soldiers, for the purpose of finding a suitable reserve for the Ute Indians, under the provision of the appropriation he had obtained for the object. In Nov., 1865, Mr. Kinney returned overland to Nebraska and opened a real estate office in Nebraska City. In Aug., 1871, he wTas appointed general manager of the Mutual Union Life Insurance Co. of Maine, and held the position until Nov., 1876. During these years and up to 1882 he was a prominent member of the Ne- braska state agricultural board, one of the board of managers, and chairman of the board for one term. In Feb., 1867, he was one of the board of special commissioners appointed by President Johnson to visit the Indians in the neighborhood of Ft. Phil Kearney, and to counsel with them under instruc- tions of the Secretary of the Interior and especially to inquire into the "Ft. Phil Kearney Massacre" in which seventy-seven men were murdered by the Sioux Indians under Chief Red Cloud. The com- mission organized by making General Sully president and Mr. Kinney treasurer, and left Omaha in Apr., 1857, under military escort. The first council was held with Spotted Tail arid his band, Apr. 20, 400 miles west of Omaha. In the winter of 1881 and 18S2 Judge Kinney received the complimentary vote of his party in the Nebraska legislature for United States senator. In Feb., 1882, he was elected dele- gate from Nebraska to the National Agricultural convention held in N6w York, Seven children were born to Mr. and Mrs. Kinney, four of whom are living: Mrs. Julia B. Metcalf, Portland, Ore.; Mrs. Jasper A. Ware, Nebraska City, Neb.; John Fitch, Portland, Ore., and Steptoe, San Diego, Cal. Mrs. Kinney died May 1, 18Q5, and Mr. Kinney died Aug. 17, 1902. 1 Feb. 24, 1860. 2 Jan. 5, 1860.68 HISTORY OF NEBRASKA making them household servants, if nothing more. The wealthy complained that house- keepers were constantly annoyed by the over- bearing and independent conduct of servants. The expression was common that, "If I were sure that I would be protected in holding slaves I would buy a man and woman to work around the house ; and then if they did not do as I wanted them to I would make them." In the rapid revo- lution and the slower evolution of our institutions and conditions, domestic service appears to remain in the same des- perate status as it was when it im- pelled housekeep- ers to yearn even for domestic slavery as a rem- edy. A call for a democratic meet- ing in Nebraska City to ratify the nomination of General Esta- brook as delegate to Congress said: "All who believe in the sovereignty of the people, who deny that the acts of the territorial legislature are subject to the regulations of congress, who are in favor of WMmw AUGUSTUS FORD HARVEY dedicating the free soil of Nebraska to free white men . . . are invited to be pres- ent."1 At a democratic meeting at Nebraska City, held for the purpose of nominating dele- gates to the constitutional convention, a reso- lution asserting the constitutional right of the territorial legislature to establish, regulate, or prohibit slavery within territorial limits was laid on the table by a vote of 26 to 15, Gov- ernor Black's in- fluence prevailing over squatter sovereignty, which was sup- ported by Judge John F. Kinney. Stephen F. Nuck- olls and Augustus F. Harvey sus- tained Black. A compromise was arranged by the adoption of the national platform of 1856, the Platts- mouth platform of 1859, and a reso- lution to the ef- fect that Nebraska must be a free state.2 The county convention held subsequently could not elect del- egates on account of filibustering on the part of the anti-Black men, and adjourned in confusion.3 JThe Peoples Press, Jan. ]9, I860. 2 Ibid., Feb. 7, 1860. 3 Ibid., Feb. 21, 1860. 1 Augustus Ford Harvey was born at Watertown, N. Y., Jan. 19, 1830, died at Kirkwood, Mo., Aug. 28, 1900. He received his early education at the Erie (Pa.) academy, and was graduated in 1846. In the early years of his career Mr. Harvey displayed a re- markable versatility in vocations, and was succes- sively a journeyman compositor, school teacher, telegrapher, civil engineer, editor of a newspaper, United States land surveyor, fire insurance agent, lawyer, judge, and legislator. In all these callings he did well, but he found his best work in the prac- tice of an actuary. In 1847 he removed with his father's family to Washington, D. C. In 1850 he became a professor of mathematics in the Rugby academy, where he continued for some time. Hav- ing educated himself as a surveyor and civil engi- neer, he engaged in railway surveys and construction in Ohio and New York with his brother, Wm. E. Harvey, 1853-55. Returning to Washington, he pub- lished and edited for a time "The Spectator," a lit- erary production. Attracted by the rapid growth of the West, he removed to Nebraska City, Neb., in 1856. Pursuing his profession of civil engineer, he surveyed the line of the Midland Pacific Ry., and accomplished a great deal of work throughout the state. During this time he was engaged as a fire underwriter at Nebraska City, and from the first took an active part in everything that in any waySLAVERY IN NEBRASKA 69 Mr. Reynolds, editor of the News, said that he voted against the bill to abolish slavery when he was a member of the legislature be- cause it had no legal existence in the territory, and because he was opposed to the monstrous doctrine that the constitution had carried it here. "Partly for spite but mostly to get disunion into Democratic ranks, the Republi- can members of the last Nebraska Legislature attempted to abolish slavery in Nebraska"; and this was "an imaginary evil that had no sort of legal or practical existence; three or four persons only were held as slaves and these only ostensibly, by citizens of Nebraska City. related to the growth and advancement of the state. Through his efforts the first Episcopal church in the state was established at Nebraska City. As editor of the Nebraska City News—Oct., 1861, to Aug., 1865—Mr. Harvey demonstrated rare gifts as a journalist and political writer. Upon the change of the capital from Omaha he was authorized to lay out, plan, and survey the new capital site, Lincoln, a work which he successfully accomplished. From 1857 to 1859 he was city engineer, and from 1860 to .1867 city recorder of Nebraska City. He was elected to represent Otoe county in the lower house of the last territorial legislature of Nebraska in 1866, and served in the house through the 1st, 2d, 3d, and 4th sessions of the state legislature. In 1868 Mr. Har- vey, having married Miss Julia A. Studley of Ne- braska City, removed to Lincoln, where he founded and edited the Statesman, until Oct., 1869, during which time he served as the first secretary of the University of Nebraska. In Feb., 1870, after a resi- dence of fourteen years in Nebraska, Mr. Harvey removed with his family to Kirkwood, a suburb of St. Louis, Mo. Here he entered the life insurance field as an actuary, and soon became the actuary of the state insurance department of Missouri, a posi- tion he held with distinguished ability until a few months prior to his death, when failing health caused him to resign. In his profession as an actuary he ranked second to no one, and his reputation as such extended to foreign lands, his advice and services being ever in demand and greatly valued in the insurance world. He was a member of the Actu- arial Society of America and of several scientific and professional societies, and of the Masonic fra- ternity. In politics, Mr. Harvey was a democrat always, although he declined to follow the presi- dential nomination of his party in 1896 and 1900, and used his best efforts to the defeat of that ticket. Augustus F. Harvey was the son of Henry Leonard Harvey and Nancy Wilbur Ford Harvey. He was a direct descendant of Sir William Harvey, the discoverer of the circulation of the blood. His father, Henry L., was a native of Jefferson county, N. Y., and in early life edited a leading democratic newspaper. Removing from Rutland to Erie, Pa., with his family, Mr. Harvey published and edited the Erie Observer, his plant including all facilities for book publishing and binding. The business be- ing destroyed by fire, Mr. Harvey accepted an ap- pointment in the navy department, which had been tendered to him by President Polk, and with his wife and sons—Augustus F., Wm. E., Fred L., and Even far-off Nebraska signalled the ap- proaching disruption of the Democratic party. On the passage of the bill two of the leading democratic members explained their votes, but arrived at opposite conclusions from substan- tially the same premises. George W. Doane expressed his opinion that President Bu- chanan, in his late message, had seen fit to step far out of his way "to throw this agitat- ing question upon the country and upon the Democratic party; and if he can stand it to introduce this agitation, I can." Mr. Doane denounced as heresy the President's conten- tion that the people of the territories had no Henry L., and daughter Cornelia, moved to Wash- ington, D. C., where he resided until his death, Oct. 20, 1859. Henry L. Harvey had one brother and a sister, Egbert and Lora Harvey. The former mar- ried Elizabeth Webber of Utica, N. Y. He later re- sided at Buffalo, where he died in 1873 after accu- mulating considerable property. They had one daughter, Elizabeth, who married the Rev. George Newcomb, D.£)., for many years a professor in the College of the City of New York. They had one son, Edward, now in business in New York city. Lora Harvey married Cory Barbour, and with her husband moved to Terre Haute, Ind. They had one son, who died without issue. Augustus F. Harvey's grandfather, father of Henry L. Harvey, was Zelotus Harvey, born in Massachusetts, Jan. 20, 1772, and married Jan. 9, 1803, at German Flats, Conn., to Ruhamah Palmer, who was born at Stonington, Conn., June 20, 1782. Later Zelotus Harvey resided at Rutland, N. Y., and finally lived with his daugh- ter, Lora, at Terre Haute, Ind., where he died in 1845, his wife surviving him until 1860. It is re- corded of Mr. Harvey's family that at an early date it furnished to parliament two lords and a number of barons and knights, military officers, judges, and persons of literary attainments. A branch of the family gave the state of New Hampshire a governor, a judge of the supreme court of that state, a judge of United States court and one or two members of Congress. Augustus F. Harvey's mother (wife of Henry L. Harvey) was Nancy Wilbur Ford, the third of a family of thirteen children of Augustus and Damaris Rice Ford. She was born in Oswego, N. Y., Dec. 25, 1806, and died in Washington, D. C., June 6, 1890. Her grandfather, Abijah Ford, born in Providence, R. I., Oct. 22, 1745, died Feb. 22, 1809, at Trenton Falls, N. Y., served as a captain in the Revolution under Gen. Nathaniel Green, to whom he was related by marriage. He was married in 1769, at Providence, R. I., to Anna, daughter of Jonathan Donison, an Irish merchant and shipmas- ter, whose brother, William, was a judge in Boston in 1750. Augustus Ford was born at Providence, R. I., and died Aug. 4, 1855, at Sackett's Harbor, N. Y., aged eighty-four years. He served in the American navy forty-five years, and at his death was its oldest commissioned officer. Captain Ford made the first mariner's chart of Lake Ontario, which has ever since been the reference and guide to sailors. He had two sisters and one brother: Su- sana, William D., and Nancy Ford. Damaris, wife of Augustus Ford, was the daughter of Aza Rice7° HISTORY OF NEBRASKA right to legislate upon the slavery question, and he voted for the bill to emphasize his dis- sent from that doctrine. William A. Little, who was elected judge of the supreme court at the first state election, but died before tak- ing the office, was even more fiery than his colleague, Judge Doane, in his dissent from Buchanan's opinion: "If we could actually see a black cloud ris- ing in the south, and should a horde of slaves be precipitated upon our fair soil today, no one would vote quicker than I, to repel such an evil from the land. But where is the danger ? Where is this dreaded African spectre that like Hamlet's ghost flits ever before the hallucinated vision of the supporters of this bill? Our soil is yet unstained with slavery; we are free, and surrounded with free soil; Iowa on the east, is free. Kansas, on the south, is free, and is there danger on our north- ern and western borders ?'' "Sir, I too, like the gentleman from Burt, take issue with Mr. Buchanan. I believe congress has no power over the territories upon this question. But I shall not vote for what is now uncalled for. This bill had its origin in black republican buncombe. As a democrat, I shall not vote to honor their political caprices, and exercising common sense, I shall not vote to dispel a phantom. Sir, I vote 'no' upon this bill."1 of Meriden, Conn., who served under Washington in the Revolutionary war. Of the children of Au- gustus Ford, one alone survives, George A. Ford, a well-known citizen of Cleveland, O., now upwards of seventy years of age. He was long a sailing master of his own vessels, but of late years has devoted himself to electrical inventions, and was among the first to produce a successful storage battery. Thus it appears that Mr. Augustus Ford Harvey descended from men and women marked by vigorous constitutions, and of strong minds and purposes, and had reason to take pride in the part his imme- diate ancestors had taken in the war of Independ- ence, and in their service to the country. His move to settle in Nebraska was in accord with family in- dependence and self-reliance, and an inclination to enter pioneer fields of labor for success.. The widow n. ) WILLIAM EGBERT HARVEY * In its issue of June 30, i860, the News relates that six negroes had deserted and escaped from Alexander Majors of Nebraska City. "We can hardly think that our city is infested with such misguided philan- thropists as nigger thieves and abolitionists. This dirty work is doubtless left for the nasty abolitionists of Civil Bend and Tabor." The republican commissioners of Otoe county re- turned "these negro servants or persons as property and taxed them as such."2 Iu August, i860, nineteen "niggers" were run through Nebraska City 011 the under- ground railroad and kept at a storehouse over night at Wyoming by the editor of the republican paper there.3 As we have already seen, the census of i860 showed that there were eighty-one negroes in Nebraska, ten of whom were recorded as slaves. The Omaha Nebras- kian of August 18, i860, notes that the Falls City Broad Axe says that a cargo of six or more fugitive slaves passed through Salem, es- corted by thirty or forty whites, armed to the teeth. The following resolutions were adopted by the Demo- cratic convention of Otoe county. "The democracy of Otoe county are in favor of making Nebraska a free state, and we will vote for no man as a candidate to the con- of Augustus F. is still living with her son, Julian C. Harvey, and her two daughters, Augusta Gray Har- vey and Lora Alza Harvey, in Chicago. 1 Omaha Nebraskian, Jan. 7, 1860. 2 Nebraska City News, July 21, 18C0. 3 Ibid., Aug. 11, 1860. 4 William Egbert Harvey was born at Watertown, N. Y., Sept. 16, 1831. He was educated at the Erie (Pa.) academy, and after his fourteenth year made his own way in the world, commencing as a page in the House of Representatives at Washington in 1845. He spent the years of 1848-49 in the labora- tory of Prof. Charles G. Page of Washington, D. C. During 1850, '51, and '52 he was attached, as pur- ser's clerk and draughtsman, to the coast survey service. From 1853 to 1857 he was engaged in railroad work in Ohio and New York, chiefly asSLAVERY IN NEBRASKA 7i vention who will not pledge himself to vote for a clause in the constitution prohibiting slavery in the state of Nebraska."1 The Nebraska City News demanded a law excluding negroes and negro laborers from the territory of Nebraska: "Cannot this be kept sacred as a home for white men—a field for white labor; or shall it be made, as Kansas is, an elysium for vaga- bond niggers? Will some of our Africanized journals give us their opinion upon this ques- tion? Will the abolition sheets at Omaha, Brownville and Nebraska City state whether they are upon the side of white men or negroes? Do we of Nebraska want a population of niggers? Do the whites of Iowa want a population of niggers? Does anybody, except the blatant abolitionists, want the two races to intermingle, amal- gamate, and die out, as all hybrids do ? If yes! support the black republican aboli- tionized party now in power and you can have your de- sires."2 The same paper3 notes that no less than five or six "newly imported nig- gers," some escaped contra- bands and some free, were in the city and offering to work for six dollars a month; and the laboring classes of the North HENRY I,. HARVEY are warned of the disastrous end of the eman- cipation schemes of the republicans which this incident indicates. The News* referring to a bill just passed by the legislature striking out the word "white" from the school laws, observes: "The Nebraska legislature has enacted that nigger children shall attend school with white chil- dren and upon the same benches learn the same lessons. . . The high school building at Ne- braska City is a magnificent edifice. Our peo- ple in paying taxes for its erection and support may console themselves with theproud reflection that in its broad aisles and throughout its spacious halls, their own children may mingle freely with little niggers and enjoy the luxury of the aroma aris- ing therefrom, untaxed." The Press had observed ex- ultantly "our high school building of which we are justly proud, was built on the broad principle of equity and no distinction on account of color"; whereupon the News retorted: ''The atten- tion of the Press man is called to the fact that a distinction on account of odor may yet be made by which both himself and the gen- uine nigger may be excluded."5 topographer and bridge constructor. In 1857 he re- moved to Nebraska and spent two years in his pro- fession of civil engineering. In 1859 he was elected superintendent of public instruction and in 18C1 territorial auditor and superintendent of schools. In this office., which he held for six years, he per- formed the very valuable and highly meritorious labor of raising the credit of the territory from zero to par and putting the schools into first-class condi- tion. So valuable were his services to Nebraska that the house of representatives of the legislative assembly, on Feb. 12, 1.866, passed a resolution of commendation and approval of his official acts. In 1866 he removed to Chicago and entered the life insurance business. In 1868 he became the actuary for the St. Louis Mutual, and about the same time was appointed actuary of the Illinois insurance de- partment. He continued as actuary for various prominent life insurance companies up to the time of his death, which occurred at Hartford, Conn., Jan. 19, 1879. Mr. Harvey was a Knight Templar and a Mason of the 32d degree and also an Odd Fellow. He was buried with Masonic honors. He was a brother of Augustus Ford and Henry L. Harvey. His ancestry appears in the preceding sketch given of Augustus F. Harvey. 1 Omaha Nebraskian, Feb. 18, 1860. 2 Nebraska City News, June 21, 1802. 8 Apr. 19, 1802. 4 Jan. 28,1867. 5 Feb. 1, 1867. "Henry L. Harvey, Jr., brother of Augustus F. and Wm. F. Harvey, joined his brothers in Ne- braska in 1857, where he resided, at Nebraska City, until 1874, when he removed to St. Louis, Mo. He was married to Miss Anna Dorsey of Nebraska City in 1863. He was born in Erie, Pa., in 1836, and died at Denver, Col., in 1884, whither he had gone for the benefit of failing health. He was a printer by profession, and a master of that trade in all the departments. He was a Knight of Pythias. Closely attached by very strong ties of affection, his residence in life closely followed that of his brothers. His antecedents of relationship are shown in the biography of Augustus Ford Harvey.GROUP OF DISTINGUISHED ARMY OFFICERS AND CIVILIANS Engraving from photograph taken in front of officers' quarters at Ft. Saunders near Laramie, Wyo., in 1867. Photograph furnished by John R. Man- chester, general claim agent Union Pacific railroad. Reading from left to right the figures are: 1, Maj.-Gen. Grenville M. Dodge, chief engineer Union Pacific R'y. 2, Sidney Dillon, president Union Pacific Ry. Co. 3, Maj.-Gen. Phil H. Sheridan. 4, Mrs. Joseph C. Potter. 5, Maj.-Gen. John Gibbon. 6, Mrs. John Gibbon. 7, Gen. Ulysses S. Grant. 8, Brig.-Gen. Frederick Dent. 9, Katie Gibbon. 10, (Unidentified) nurse. 11, Allie Potter. 12, (In back- ground) unidentified. 13, Lieut.-Gen. William T. Sherman. 14, Unidentified. 15, Mrs. Kilburn. 16, Gen. Adam Slemmer. „17, Maj.-Gen. William S. Harney. 18, Dr. Thomas C. Durant, president Construction Co. 19, Unidentified, officer of the day. 20, Col. L. Gass Hunt. 21, Brig.-Gen. Adam Kautz. 22, Brig.-Gen. Joseph C. Potter.THE PIONEER RAILWAY OF NEBRASKA 73 CHAPTER III THE PIONEER RAILWAY OF NEBRASKA FROM the time of the first emigrant travel to Oregon, Nebraska has been traversed by a great national highway with many im- portant feeding branches converging into it. This fact, of great commercial importance and historical interest, is due to the intersection of the state by the great Platte valley, a natural way for general travel, an unrivaled railway mercial progress toward the West. In Chap. Ill these early roads have been traced and described according to the best historical data available.1 The first local record of them appears in the plats of the surveys which be- gan soon after the organization of the terri- tory, and, continuing down to and during the time in which the first railway of the territory POINT WHERE THE UNION PACIFIC RAILROAD CROSSES THE OVERLAND TRAIL 7 MILES WEST OF BIG SPRING, NEB. CALIFORNIA HILL IN THE BACKGROUND route, and in the direct line of the most rapid and constant territorial development and com- 'The most important of these roads, at the time of the first surveys, was the "Old Military road" from Nebraska City and which intersected the Oregon trail where that great highway reached the Platte valley, about 20 miles east of Ft. Kearney. This road starts out from Nebraska City, according to the first survey in Jan., 1856, towards the northwest, crossing sees. 8, 5, and 6, of tp. 8, r. 14 east. It en- ters tp. 8, r. 13, in sec. 1 and leaves it in the ex- treme ne. cor. of sec. 4. In sec. 3 of this tp. it is joined by the "Old Military road" from the south. It continues northwest across the sw. cor. of tp. 9, r. 13, as road "from Ft. Kearney to Nebraska City"; as "California to Nebraska City" (surveyed here Nov., 1855, to May, 1856) northwest across tp. 9, r. 12, entering at sec. 25, leaving at sec. 7; northwest across the ne. cor. of tp. 9, r. 11, traversing sees. 12, 2, 3, 4; as "Ft. Kearney to Nebraska City," nearly north across the west side of tp. 10, r. 11, entering the township at sec. 33, leaving at sec. 6 —the Union Pacific—-was constructed, afford an accurate outline of the principal wagon (surveyed in 1856) ; under same name, northwest across the extreme sw. cor. of tp. 11, r. 11; as "Emigrant road from Nebraska City to Ft. Kear- ney," northwest across tp. 11, r. 10, entering at sec. 25, leaving at sec. 5; a branch under the same name leaves the old line in sec. 18, tp. 10, r. 11; crosses tp. 10, r. 10, near the center, runs northwest across tp. 10, r. 9,—the southwest township of Cass county —as "Old Government road," and across the extreme sw. cor. of tp. 11, r. 9, about a mile northeast of the present village of Walton; enters tp. 11, r. 8, at sec. 25, and leaves at 30, crosses Salt creek at se. cor. of sec. 22, tp. 11, r. 7, a mile and a quarter south of the mouth of Stevens creek, then north- erly toward the old road. The main line continues across the sw. cor. of tp. 12, r. 10, entering at sec. 32, leaving at sec. 18; as "Nebraska City and Ft. Kearney" road enters tp. 12, r. 9, at sec. 13, passing about 6 miles northeast of Greenwood; leaves at sec. 4, crossing Salt creek at the town site of Ash-74 HISTORY OF NEBRASKA roads in use during the period of about fifteen years immediately before they were super- seded by the railway system of the state. land, ih the sw. % of sec. 1; under same name en- ters sec. 33 of tp. 13, r. 9, leaving at the extreme sw. cor. sec. 31 (surveyed in 1856) ; as "California road from Plattsmouth, Rock Bluffs, and Nebraska City," enters tp. 13, r. 8, at sec. 36, leaves at sec. 18 (surveyed in 1857) ; as "Ft. Kearney and Nebraska City," enters tp. 13, r. 7, at sec. 13, leaves at sec. 3, enters tp. 14, r. 7, at sec. 34, leaves at sec. 31 (sur- veyed Oct., 1857), dips south across sec. 6, tp. 13, r. 7; as "road to California." enters tp. 13, r. 6, at sec. 1—about 3 miles west of the present village of Swedeburg—then curving down and up leaves at sec. 3; enters tp. 14, r. 6, at sec. 34, leaves at 31 (sur- veyed in 1857) ; dipping south enters tp. 14, r. 5, at sec. 36; and as "Nebraska City and Ft. Kearney road" dips south into tp. 13, then back into sec. 35 of tp. 14, and, running diagonally northwest across the township, leaves it at sec. 6; enters tp. 14, r. 4, at sec. 1, running west across the north side, just north of Brainard, Butler county, leaving at 6 (from sec. 6 "Old road" runs south through the township) ; continuing crosses the extreme cor. of tp. 15, r. 4, to the northwest, enters tp. 15, r. 3 in sec. 36, leav- ing in sec. 7, under name of "Nebraska City and Ft. Kearney road" (surveyed in 1857) ; enters tp. 15, r. 2, at sec. 12, running northwesterly, leaves at sec. 3 (surveyed in 1858) ; enters tp. 16, r. 2 at sec. 34, leaves at sec. 31, as "Ft. Kearney road"; enters tp. 16, r. 1, at 36, leaves at 19, about 4 miles from the Platte river opposite Columbus; enters tp. 16, r. 1 W., at sec. 24, near the Platte river, leaving at sec. 19 (surveyed in 1861) ; enters tp. 16, r. 2 W., at sec. 24, leaves at 31; runs V2 to % of a mile from the river in r. 3 W., close to the river in r. 4^ and close to the lower arm in r. 5, except on west side % of a mile away (surveyed in 1862) ; runs up close in the west part of r. 6; a later branch at Biggs' ranch, sec. 35, runs 2 miles off the river in tp. 12, r. 6; enters tp. 12, r. 7, in sec. 13, leaves in 32, % of a mile from the river (surveyed in 1865) ; crosses the extreme nw. cor. of tp. 11, r. 7; enters tp. 11, r. 8, at sec. 12, leaves at 32, running from V2 to 1 mile from the river; under name of "Ft. Kear- ney and Nebraska City road," tp. 10, r. 9, runs about V2 mile from the river (surveyed in 1859) ; same name, 1 mile from river, in tp. 9, r. 10; southwest in tp. 10, r. 10 (south side of river surveyed in 1859, north side in 1866) ; same name across tp. 9, r. 11, striking near river in sec. 21; same name, about Y2 mile from river, in tp. 9, r. 12; the same in tp. 8, r. 12; then as "Ft. Kearney and Plattsmouth," in tp. 8, r. 13, not over V2 mile from river (surveyed on south side in 1859) ; "Ft. Leavenworth" nearly par- allel about 1 mile south, curving northwest in sec. 17, making a junction in sec. 18. At the east side of tp. 8,^r. 14, at sec. 13, it strikes close to the river; leaves Ft. Kearney in the sw. cor. of sec. 22, tp. 8, r. 15, and this range at sec. 19, 1 mile from river; as "Military road," % to % mile from river in tp. 8, r. 16 (surveyed in 1859) ; as "Ft. Kearney to Cal- ifornia," close to river, in r. 17; at ne. cor. of sec. 19, in r. 16, runs southwest 1 mile, uniting with straight road in nw. cor., sec. 24, tp. 8, r. 17 (sur- veyed in 1867). (Begins as "telegraph line" here.) In tp. 8, r. 18, runs from V2 to % of a mile from south channel of river as "road and Overland tele- graph line"; in tp. 8, r. 19 from % to 1 mile from river; in tp. 8, r. 20, pretty close to river; in sees. It is seldom that an important discovery may be attributed to one man or assigned to a specific date, and this is true also of the 7 and 8 near Plum creek (surveyed in 1869) ; in tp. 8, r. 21, about V2 mile from the river, crossing Plum creek at the intersection of the half-section line, north and south, of sec. 12; in tp. 9, r. 21, runs about 1 mile from river; in tp. 9, r. 22, about V2 mile from river; in tp. 10, r. 23, from % to 1 mile from river; in tp. 10, r. 24, as "Old Military road," less than V2 mile from river, in tp. 11, r. 25, and tp. 11, r. 26, about % mile from river; in tp. 12, r. 26, 2 miles from river; in tp. 12, r. 27, at first 2 miles from river, then close to south channel in sec. 19; in tp. 12, r. 28, as "Old California road" from V2 a mile to 1 mile from river, runs into Ft. McPherson reservation; in tp. 13, r. 29, from % of a mile to 2 miles from south channel; in tp. 13, r. 30, about 2 miles from South Platte. The river forks just east of the east boundary of r. 30. ("Military road to Republican" runs south on east side of tp. 12, r. 30.) In tp. 14, r. 32 and r. 33 continues west V2 mile to 1 mile from river; in tp. 14, r. 34, "Old Wagon road" runs midway between two forks, also one close to the north side of the south fork, also a road on the south side of the south channel of the south fork, in tp. 13, r. 34; in tp. 14, r. 35, road runs between the forks one near each, also near the north side of the north fork and one about % mile south of south fork, hugging the bluffs in tp. 13; in tp. 13, r. 36, near north side south fork, and on south side, as "Old California road," varies from close to 1 mile; in tp. 13, r. 37, close on north side, % mile on the south side; in tp." 13, r. 38, as "Old road" close on north side, as "Old California road" % mile to 1 mile on south side (surveyed in 1869). In tp. 13, r. 39, from V2 mile to % mile on both sides; in tp. 13, r. 40, as "Old California" on south side and "Old Wagon" on north side, V2 mile to close on both sides; in tp. 13, r. 41, mainly close on north side, close to % of a mile south side. In tp. 13, r. 42, the river road runs across southeast corner, close to river on both sides; across nw. cor. tp. 42, r. 42, close on north side, close to V2 mile, south side; across se. cor. tp. 12, r. 43, north side % mile to close, outside Union Pacific track; south side, close in sec. 14—runs out of state southeast into Colorado in sec. 14 and continues to the Cherry creek gold mines at Denver. In extreme se. cor. of tp. 12, r. 45, and northeast corner of the Ft. Sedgwick reser- vation, the north side road crosses the Colorado line and turns up the west side of Lodge Pole creek, running % of a mile away from it; another road on the^ east side of the same stream runs close to the Union Pacific track, crossing it twice in sec. 12 near the western bend of the creek. The "Ft. Leaven- worth and Laramie road"—here surveyed as.late as 1873—is shown as entering Nebraska on the extreme southwest corner of Gage county—sw. %, sec. 31, tp. 1, r. 5 E.; then northwest in r. 4 (surveyed in 1857), crossing the Otoe reservation, near its mid- dle; continuing leaves nw. cor. of tp. 1, .r. 4 E., about 3 miles east of the Little Blue river; enters tp. 2, r. 3, at sec. 36, northwesterly, leaves at sec. 7, same distance from Blue, then diagonally through sec. 1, touching 12 and 2, 2V2 miles from the Blue and Fairbury; enters tp. 3, r. 2, at sec. 35, leaving at: 18, about IV2 miles from the Blue; crosses the Little Sandy in north part of sec. 19; enters tp. 3, r. 1, in sec. 13, crosses the Big Sandy in se.^4 of 16, about 1 mile north of the Blue, leaving at sec. 18;THE PIONEER RAILWAY OF NEBRASKA 75 initiative or suggestion of great enterprises; and so the idea of the building of a Pacific railway was in the minds of many men, sim- ultaneously, and many years before it was practically applied. The pioneers of Ne- braska realized the importance of a Pacific as "Military road to Ft. Kearney" enters tp. 3, r. 1, W., at sec. 13, leaves at 19—the Blue bends sharply south at sec. 23; enters tp. 3, r. 2 W., at sec. 24, leaves at 30, 3 miles from Blue. (The Ft. Riley and Ft Kearney road from the south enters tp. 1, r. 1 E., at sec. 34, leaving at 5, passes through tp. 2, r. 1 E., entering at 32, out at sec. 6, appearing again across sw. cor. of tp. 4, r. 7, W., and ne. cor. of tp. 4, r. 8 W.,—sees. 13, 12, 11, and 2,— intersecting the Ft. Kearney and Leavenworth road near the center of sec. 23, tp. 5, r. 8, after crossing the Blue.^) The Ft. Kearney and Leavenworth road proceeds, entering tp. 3, r. 3 W., at sec. 25, leaving at 19, near the river, which takes a sharp bend at sec. 29; enters tp. 3, r. 4, at sec. 24, leaves at 18, as near the river as the bends allow (survey of 1858) ; enters tp. 3, r. 5, west at sec. 13, leaves at 6, runs as near river as bends permit; crosses cor. of sec. 1, in tp. 3, r. 6, runs diagonally northwest across tp. 4, r. 6, about 2 miles from Blue north side; crosses ne. cor. of tp. 4, r. 7, and sw. cor. of tp. 5, r. 7, here near the Blue (survey of 1859) ; enters tp. 5, r. 8, at sec. 25, leaves at 6, near the Blue, except at nw. cor.; crosses sees. 1 and 2 in tp. 5, r. 9 W. (survey of 1860) ; enters tp. 6, r. 10, at sec. 24, runs northwest away from the Blue, crossing Thirty- two Mile creek at sec. 15, and again at 6; crosses sw. cor. of tp. 7, r. 10; enters tp. 7, r. 11, at 36, leaves at 7; crosses ne. cor. tp. 7, r. 12, and sw. cor. of tp. 8, r. 12; enters tp. 8, r. 13, at sec. 13, in the Platte valley, runs directly west, parallel to the Nebraska City road, to sec. 17, then abruptly north- west, intersecting in the northeast part of sec. 18, V2 mile from the Platte river. This is the original Oregon Trail, whose course was traced, from his- torical data, in chap. 3 of this volume. The survey- ors found the line of this great highway in 1860 substantially identical with that of 1840. The Ft. Riley and Ft. Kearney military road was surveyed in the summer of 1856. I11 the season of 1857 the engineering officer in charge of its con- struction improved the route, "working such por- tions as most required it in the reduction of grades." —(Report of Col. J. J. Abert, chief topographical en- gineer, to John B. Floyd, Secretary of War, Nov. 23, 1857.) The road was completed in 1858, the balance of the appropriation being used this year for repairs of bridges and other improvements. "Old California road" first appears in the survey northwest of Omaha, leaving the road from Omaha to Fontenelle in sec. 21. tp. 17, r. 12 E., and leaving the township at sec. 30 (survey of Mar. and Apr., 1856) ; enters tp. 17, r. 11, at sec. 25, running south- westerly, leaving at 35; as "Old Emigrant road from Council Bluffs to California," enters tp. 16, r. 11, at sec. 2, leaving at 7; proceeding northwest, enters tp. 16, r. 10 at 12, uniting with "road from Omaha" from southwest, crossing the Elkhorn in the nw. % of sec. 10, about 6 miles north of the present town of Waterloo. At sec. 11, the "Mormon road" branches southwesterly. The California road crosses sees. 1 and 2 in tp. 16, r. 9; not traced in tp. 17, r. 9 (Lorin Miller, surveyor, Nov., 1855) ; enters tp. 18, r. 8, at sec. 25, leaves at 31 as "Old Emigrant railway, and actually promoted the great project. This is attested by the resolutions introduced by M. H. Clark in the 1st terri- torial legislature, and by a notable memorial to Congress, drafted by Wm. A. Gwyer, and adopted at a mass meeting held in Omaha road to Salt Lake," about 4 miles north of Fremont; enters tp. 18, r. 7, at sec. 36, leaves at 19 as "Old California road" (surveyed Sept., 1857) ; enters tp. 18, r. 6, at sec. 24, leaves at 18 as "California and Mormon trail"; enters tp. 8, r. 5, at sec. 13, leaves at 30 (surveyed Aug., 1857) ; enters tp. 18, r. 4, at sec. 25, and, dipping south, is probably intersected by the old Mormon road, in tp. 17; no further trac- ing as far as the 6th meridian. As "road to Utah" crosses tp. 17, r. 4, and Shell creek in sec. 9, mile from the Platte river, running close to the river in sec. 12, and leaving the township in 18, IV2 miles north of the river; traced without name in tp. 17, r. 3, about 2 miles from river; in tp. 17, r. 2, as "Ft. Kearney and Omaha road" (surveyed Sept. and Oct, 1858); appears in tp. 17, r. 1 E., at sec. 36, and leaves at sec. 30. Here was the Columbus ferry of the^ Loup river, about 1 mile east of the present Union Pacific bridge. Though the officers of the military department in charge of the work of the military road from Omaha to Ft Kearney, con- structed in 1857 and 1858, made repeated appeals for an appropriation for bridging the Loup at this point, it was never done, and this was the most de- fective feature of the road in question. Continuing, the road (surveyed Sept., 1860) enters tp. 16, r. 1, W., at sec. 4, leaves at 6, more than a mile from river; as "road from Omaha to Ft. Kearney," close to river most of the way through tp. 16, r. 2 W.; runs close to river until it reaches the north bend of Wood river on the west side of tp. 10, r. 10, which it crosses at east side sec. 8, then follows about V2 mile from that stream, on south side, through r. ^ 11, 12, and 13 (surveyed in 1866; the Union Pacific road runs a little further away from the river) ; then strikes down through the Ft. Kear- ney military reservation, in r. 14, to the Platte, at the west side of tp. 8,# r. 15 (surveyed 1859) ; not getting more than V2 mile away in r. 16 as "Military road"; about % mile from river in r. €7 (surveyed in 1867) ; in tp. 8, r. 18, as "Wagon road," % ■ mile from river; in tp. 9, r. 19, nearly 2 miles from river; m tp. 9, r. 20 (surveyed 1868) about same distance from river; tp. 9, r. 21, from % to 1 mile from river; tp. 9, r. 22, about % mile from river; tp. 10, r. 23, from % to 1 mile from river; in tp. 10 and 11, r. 24 (surveyed 1869) 1 to 2 miles from river; tp. 11, r. 25, about 1 mile, close to south side of present line of Union Pacific; tp. 11, r. 26, 1 mile; tp. 12, r. 26, from close to % of a mile; tp. 12, r. 27 (many chan- nels of river here), runs near outside one, close to south side Union Pacific road; as "Old California road" in tp. 12, r. 28, on south side across the Ft McPherson reservation; in tp. 13, r. 28, about 1 mile from north main channel, at sec. 21, military road and bridge south to Ft. McPherson; U. S. Na- tional Cemetery reservation in sees. 8 and 9, tp. 12, r. 28; north road not traced in tp. 13, r. 29; south side as "Old road," in fragments; (river forks on west side tp. 13, r. 29) not traced in r. 30 and 31, north side; in tp. 14, r. 32, 33, 34, and 35, near north fork on north side; traces of road about mid- way between the forks in 32, and in 33 runs close to north side of a range of bluffs up to north fork; on76 HISTORY OF January 29, 1859. The Omaha Republican gave an account of a meeting held at Omaha for the purpose of encouraging immigration, west side of r. 35 runs south IV2 miles away; tp. 14, r. 36, about V2 mile from north fork on both sides; tp. 14, r. 37, on north side, north fork, % to 1 mile, and on south side drops 2 miles away from river; tp. 14 and 15, r. 38 (surveyed 1870), as "Old Emi- grant road" close to river, across ne. cor. of tp. 14, on north side, runs up from 2 miles to about % mile away on south side; tp. 15, r. 39, from to 1 mile north side, pretty close south side; tp. 15, r. 40, close to % mile, south side, close to. 1% miles north side of river, tp. 15, r. 41, pretty close on both sides. By the survey of 1869 the Ash Hollow road leaves the road which runs along the north bank of the south fork not far from the center of sec. 23, tp. 13, r. 41, 1*4 miles from the 5th guide meridian west, and about 5 miles east of Big Spring. Beau- vais' ranch was about V2 mile south of the south bank and 6 to 8 rods west of the east township line and guide meridian. The old lower California cross- ing was right there. The "Old California road" runs northwest across sees. 23, 14, 15, 10, and 3, in tp. 13; sees. 34, 28, 29, 20, 19, and 18; northwest across the sw. cor. of tp. 14; sees. 13, 1?, 1, and 2— northwest across the ne. cor. of tp. 14, r. 42; nearly north across tp. 15, r. 42,—in sees. 35, 26, 23, 14, 15, 10, and 3, entering the North Platte valley at the north side and west of north and south half- section line of sec. 3, and Ash Hollow proper about 4 miles south of the river. The road strikes the head of Ash Hollow, here quite precipitous, at the north line of sec. 26, and at first veers to the west along a very sharp-backed ridge for about a mile, then turning sharply to the east descends into the Hollow. This steep descent is immortalized in the journals of the early travelers. General Harney's camp, on the evening before his famous fight with the Brule Sioux, in 1855, was at the junction of Ash Hollow and the river bottom. In sec. 1, % of a mile from the township line, a road on the south bank of the North Platte broke through the bluffs which here hugged the river, and running southwest about 2 miles, intersected the Ash Hollow road in the southeast part of sec. 10, 2 miles south of the Platte river. In tp. 16, r. 42, the road runs pretty close to the driver both sides, not traced in tp. 16, r. 43; as "Old Emigrant road," from close to 1 mile from river, in tp. 16, r. 44, south side, and close across the sw. cor. of tp. 17, r. 44; % to 1 mile on the north side; as "Emigrant's trail" on both sides, subdivisions surveyed in 1875; from close to V2 mile from river, both sides in tp. 17, r. 45; close to % mile from river, on both sides, in tp. 18, r. 46; about same tp. 18, r. 47; from close to 2 miles away on north side, and close to V2 mile on south side, tp. 19, r. 48; from close to V2 mile north side, from % to 1 mile south side, tp. 19, r. 49; across ne. cor. tp. 19, r. 50 (crosses Pumpkin creek at sec. 12, Court House Rock, nw. %, sec. 29) XA mile from river on south side, not shown on north side, across sw. cor. tp. 20, r. 50, about % of a mile away on the north side, runs off to distance of 1V2 miles south side; tp. 20, r. 51, pretty close north side, bridge at east side sec. 22,—Camp Clarke— "Black Hills" road, north and south; tp. 20, r. 52 (surveyed 1872-77). riot shown on north side but runs down close on east side of township, then V2 mile away on south side (Chimney Rock, "100 ft. high," in the n. V2 of sw. % of sec. 17, about 2 miles from river) ; tp. 21, r. 53 (surveyed 1877), frona V2 to .1 mile on both sides river; tp. 21 and 22, NEBRASKA which was attended by George Francis Train, Maj.-Gen. Samuel R. Curtis, and Col. J. H. Simpson, all of whom were connected with r. 54, pretty close north side; as "Mormon trail" close to river at west side of tp. 22, but runs off to the west at south side; tp. 22, r. 55, from close to % mile on north side (Scotts Bluff in sees. 29 and 32, about % mile from river, surveyed 1877); only slight tracing south side, but actually ran through pass of the Bluff about 1 mile from river; tp. 22 and 23, r. 56, from V2 to % mile north side, somewhat further south side; tp. 23, r. 57, from close to V2 mile from river on both sides (surveyed 1881) ; about the same across ne. cor., tp. 23, r. 58, here passing out of Nebraska, "Robideaux trail" about 2 miles away on south side. The original Mormon route began at Florence. In the survey of 1856, as "Mormon road to Utah" it leaves the road from Fontenelle to Omaha at sec. 25, tp. 16, r. 12, E., runs directly west, crossing the Big Papillion at sec. 31; enters tp. 16, r. 11, at sec. 36, and intersects "road from Omaha"—to Fon- tenelle—in sec. 20, and "Old Emigrant road from Council Bluffs to California," just across the east line of tp. 16, r. 10, in sec. 12; "road to California" proceeds northwest, leaving the township at sec. 6. "Old Mormon road" leaves the road last named in sec. 11, and the township in sec. 7, running about a mile south of the California road; enters tp. 16, r. 9, in sec. 12, runs west to the Platte river, and ap- parently enters Fremont as road "to Elkhorn." "Old road from Iron Bluffs" enters tp. 16, r. 9, at sec. 36, follows the Platte river northwest, and joins "Old Mormon road," apparently in sec. 6. "Omaha and Council Bluffs" road runs southwest from sec. 15, tp. 15, r. 13, through sees. 22, 21, 29, and 32, west through 31; as "Omaha and Iron Bluffs," southwest into sec. 36, tp. 15, r. 12, and in tp. 14, r. 12, from sec. 1 to 18 (surveyed June, 1856) ; west across tp. 14, r. 11, from sec. 13 to 7, on east side, about a mile from the south fork of the Papillion; as "Bellevue and Salt Lake" road northwest across sees. 12, 1, and 2, tp. 14, r. 10 (surveyed Apr. and May, 1856) ; then northwest from sec. 35 to sec. 6, crossing the Elkhorn river in se. % of sec. 34, tp. 15, r. 10, about 4% miles south of the present town of Water- loo; northwest across sec. 1, tp. 15, r. 9 (surveyed May to July, 1856) ; as "Old road from Iron Bluffs," close to the Platte river in sees. 36 to 5, tp. 16, r. 9 (surveyed June, 1856), apparently uniting with the old Mormon road coming from the east at sec. 12, in sec. 5 or 6. This Mormon road leaves "road to California" in sec. 11, tp. 16, r. 10. The old road to California enters tp. 16, r. 10, at sec. 12, crosses the Elkhorn river in the northeast of sec. 9, leaving the township at sec. 6 (surveyed May and June, 1856) ; enters tp. 16, r. 9, at sec. 1 and leaves at 2; enters tp. 17, r. 9, at sec. 35 (Lorin Miller, surveyor, Nov., 1855), not traced further in this range but en- tered tp. 17, r. 8, at sec. 24, as road "to Omaha," intersecting "to Elkhorn" (same as "Iron Bluffs" and old Mormon road to Utah, in tp. 16, r. 9, which enters tp. 17, r. 8, at sec. 25, 1V2 miles southeast of Fremont), both running through "town of Fremont" in sees. 14, 15, 22, and 23, and continuing west as "Military road" beyond the intersection. An arm of the Platte around "Fremont island" at that time crossed the sw. cor. of sec. 22. Iron Bluffs is now a hamlet about 2% miles north of Gretna in the western part of Sarpy county. The "Bellevue to Elkhorn" road crossed "La- Platte" road in sec. 2, tp. 13, r. 13, just southwest of the mission at Bellevue; crossed the sw. cor. ofTHE PIONEER RAILWAY OF NEBRASKA 77 the building of the Union Pacific R. R. In his speech, General Curtis said that in 1825 the commanding officer at Council Bluff (General Leavenworth) made an elaborate re- tp. 14, r. 13; ran west of the north fork of the Papillion, crossing the south fork in sec. 31 (sur- veyed June, 1856); not traced across tp. 14, r. 12; appears in sec. 32, leaves in 19, tp. 15, r. 12; as "Bellevue to Elkhorn City," intersects "road from Omaha to Elkhorn City" at the edge of se. */4 of sec. 24, tp. 15, r. 11, leaving the township as "road from Omaha," at sec. 31; enters tp. 16, r. 11, at sec. 34, leaves at 7, intersecting "Old Emigrant road from Council Bluffs to California" at se. cor. of sec. 12, tp. 16, r. 10. "Elkhorn and Florence road" leaves Florence in sec. 21, tp. 16, r. 13 E, and the township at sec. 18 (surveyed by William N. Byers, May and June, 1856) ; enters tp. 16, r. 12, at sec. 13, leaves at 2 (surveyed July and Aug., 1856) ; enters tp. 17, r. 12, at sec. 35, as "Florence to Fontenelle," leaves at 18; enters tp. 17, r. 11, at sec. 13, running northwest, leaves at 5 (surveyed Apr., 1856) ; enters tp. 18, r. 11, at sec. 32, running northwest, leaves at 19; west through about the middle of tp. 18, r. 10, and tp. 18, r. 9, to Fontenelle in sees. 8 and 17, tp. 18, r. 9. "Elkhorn and Omaha road" runs southwest from "Omaha and Northwestern road" in sec. 9, tp. 15, r. 13, in the northwest part of the present Omaha, into sees. 16 and 17, then northwest, leaving the town- ship at sec. 6, where it again joins the Omaha and Northwestern; as Omaha and Northwestern in sees. 31 and 30, tp. 16, r. 13; as road from Fontenelle to Omaha, enters tp. 16, r. 12, at sec. 25; intersects Elkhorn and Florence road at sec. 12 and takes the "Florence to Fontenelle" name beyond. "Omaha City to Florence" leaves "Omaha and Council Bluffs road" in se. cor. of sec. 15, tp. 15, r. 13; leaves sec. 15, in nw. %, running north along the west V2 of sees. 10 and 3; enters tp. 16, r. 13, at the west side of sec. 34, northwest through sec. 28 to Florence in 21; as "Florence to Ft. Calhoun," about V2 mile from the Missouri river in sees. 20 and 17, then northeast in 8 and 9, across nw. cor. of 10, north through 3 (Byers, surveyor, May and June, 1856) ; enters tp. 17, r. 13, at sec. 34, close to the river, northwest in sees. 28, 29, 30, and 19, the river here running directly north; enters tp. 17, r. 12, at sec. 24, northwest across sw. cor. of sec. 13 and ne. of sec. 14, intersecting "road from Omaha City to Ft. Calhoun" just south of the "town of Ft. Cal- houn," in se. cor. of sec. 11, about 3% miles from the river; as "Ft. Calhoun to De Soto" north in 11 and 2; enters tp. 18, same range, in sw. cor. of sec. 35, runs northwest in 34, 27, and 28 to De Soto, in sees. 20 and 21, about V2 mile from the river, thence northwest, leaves r. 12 in the southwest part of tp. 18; not traced across tp. 18, r. 11; enters tp. 19, r. 11, at sec. 34, running north intersected by Cuming City road from the northeast in the ne. *4 of sec. 34; as "Cuming City and Tekama" runs nearly north out of the township at sec. 5; through west tier of sees, of tp. 20, r. 11 (surveyed May, 1856) ; enters extreme southwest of sec. 31, tp. 21, r. 11, runs north- easterly to "Town of Tekamah," in center of sec. 19, leaving at sec. 7 (surveyed Nov. and Dec., 1857) ; as "Omaha and Decatur" enters tp. 21, r. 10 at ne. cor. of sec. 12, leaves at ne. cor. 1 (sur- veyed July, 1857) ; northeast along east side of tp. 22, r. 10; northeast along n. V2 of extreme west port urging a Pacific railway as a military convenience, and that General Fremont, when he explored the great mountain pass at the head of the Platte valley, wrote on the spot, side of tp. 22, r. .11 (surveyed Nov., 1856) ; along extreme west side of south -% of tp. 23, r. 11 (sur- veyed Nov., 1857); northwest along east side of n. V2 of tp. 23, r. 10 (surveyed Aug., 1857) to Decatur in sec. 36, tp. 24, r. 10 ; northwest as "De- catur to Dakota," through Omaha reservation (south boundary near north line of sees. 31 to 36) along Wood creek to quartering of sees. 20 and 21, leaves at sec. 6 (surveyed 1867); enters tp. 25, r. 10, at sec. 31, northwest along Blackbird creek, just west of Indian village, leaves at southwest cor. of sec. 30; enters tp. 25, r. 9, at sec. 25, crosses north Blackbird creek, running northerly leaves at sec. 3; enters tp. 26, r. 9, at sec. 36, as "Decatur to Dakota," north- west, leaves at west side of sec. 6 ("Old Road" from quartering of sees. 8 a»d 9, leaving at sec. 5) ; not traced through tp. 28, r. 9; unnamed across sw. cor. tp. 29, r. 8 (surveyed 1857) ; enters tp. 29, r. 7, at sec. 36, northwest, leaving at 6 (surveyed Sept., 1857) ; northwest across cor. of sec. 1, tp. 29, r. 6 (surveyed May, 1858) ; then, as "Omaha and Neo- briah road"—the first recognition of the road con- structed by the federal government in 1857-58 from the Platte river to Niobrara—enters tp. 30, r. 6, at sec. 36, running northwesterly, leaving at sec. 6 (sur- veyed Apr., 1858; the town of Ponca is in sec. 22) ; across extreme sw. cor. of tp. 31, r. 6; enters tp. 31, r. 5, at sec. 36, without name, northwesterly, leaving at 18; enters tp. 31, r. 4, apparently at . sec. 24, northwest, leaving at 5, without name (sur- veyed Oct., 1858); enters tp. 31, r. 3, at sec. 24, leaves at 7, 6 miles south of the Missouri river. At sec. 24, tp. 31, r. 4, a branch runs northwest, leaves the township at sec. 5, not traced in cor. of tp. 32, r. 4, and tp. 32, r. 3, but appears in sec. 25, tp. 32, r. 2, running north to the old town of St. James, in sees. 11 and 12. The Niobrara road is 3 miles south of the point where the St. James branch enters sec. 25, tp. 32, r. 2, and here a branch starts south, prob- ably intersecting the main road in tp. 31, r. 2. The main road enters tp. 31, r. 2, at sec. 12, 6 miles south of old St. James, which was in sec. 12, tp. 32, r. 2 E.; enters tp. 31, r. 1, at sec. 12, runs north of west, leaving at 6; crosses ne. cor. of sec. 1, in tp. 31, r. 1 W.; enters tp. 32, r. 1 W., at sec. 36, through south part of lower tier, runs to the south as "Omaha and Neobrarah," leaves at 31 (surveyed by Charles A. Manners, Oct., 1858); as "Omaha and Ft. Randall" across nw. cor. of sec. 6, tp. 31, r. 1 W.; as "Omaha City and Niobrarah," curves through sec. 1, leaving at sec. 2, tp. 31, r. 2 W. (surveyed by Manners, Oct., 1858) ; enters tp. 32, r. 2 W., at sec. 35, leaves at 30, same name, enters tp. 32, r. 3 W., at sec. 25, curves north as far as 21, leaves at 30 (surveyed Oct., 1858) ; as "Omaha City and Ft. Randall" enters tp. 32, r. 4 W., at 25, curves south in 27, leaves at 30. (The east line of tp. 31 and tp. 32, r. 4 W., is the east line of the Santee Sioux reservation, estab- lished by order of the President of the United States, Aug. 31, 1869; and all of the reservation "remain- ing unallotted and unselected ... except such lands as are occupied for agency, school, and mission- ary purposes," was restored to the public domain by executive order, Feb. 9, 1885. The north boundary follows the river west and southwest, striking the west line of tp. 32, r. 5 W., at nw. cor. of sec.78 HISTORY OF "This will one day be the route of a railroad that will span the continent from ocean to ocean."1 Progressive temperament and quick insight, stimulated by lively imagination, form a strong American characteristic. Within two years of the time of the introduction of the steam railway into America a Pacific railroad was proposed in the Emigrant,2 a journal pub- lished at Ann Arbor, Mich.; and in 1836, John Plumbe, a civil engineer, called the first public meeting to promote the project, at Dubuque, la. General Curtis said that in 1839 drew up a petition, which was printed, signed by many, and forwarded to Mr. Adams, who presented it in the House with commendations. Thomas Ewing, in his report as Secretary of the Interior for 1849, i*1 urgin& the build- is ; from this point south the west boundary is the west line of tp. 32 and tp. 31, r. 5 W., the reserva- tion embracing an area 3 townships square. The road proceeds as "Omaha and Ft Randall," enters tp. 32, r. 5 at sec. 25, nw, leaving at 18 (surveyed Nov., 1858) ; enters tp. 32, r. 6 W., at sec. 13, runs nearly west to sec. 17, then dips south, ending near the south line of the section and about the middle east and west. The present town of Niobrara lies just east in sec. 16. The Bellevue and La Platte road, the first section, on the south, of the federal road in question, termi- nated at the Platte river in tp. 13, r. 13 E., in sec. 26, running northwest crossed the Big Papillion at the east side of sec. 10, continued northwest to Bellevue in sec. 1; left Bellevue as "Omaha and Bellevue" in sec. 36, tp. 14, r. 13, northwest ne^r bend of river in sees. 10 and 15, leaving the range at the ne. cor. of sec. 4, at the present site of the South Omaha Stock Yards (surveyed June 7-14, 1856); entered tp. 15, r. 13, at the middle of the east half of sec. 33, about 1% miles west of the river, ran northeast, across sees. 34, 27, and 23, near the river in 23. The stock yards are in sees. 4, 13, and 14. Mr. Henry T. Clarke describes the course of this road as follows: "The road on the north of the Platte river started from the town of Larimer City, now La Platte, taking a northerly direction through the town of Bellevue and from thence on the main traveled road to the present city of South Omaha along 'Bellevue road' and Railroad Ave., just east of Swift's and Hammond's packing plants. Thence northeasterly along a draw to what is now Vinton street in Omaha, thence down to 13th street." Travelers from Plattsmouth to Omaha in those days went northwesterly and crossed the Platte river by ferry at Larimer City or La Platte. The "Salt Lake to Plattsmouth" road leaves Plattsmouth at sec. 18, tp. 12, r. 14 (surveyed May, 1856); enters tp. 12, r. 13, at sec. 12, southwest, leaving at sec. 32; as "Emigrant road to Platts- mouth" enters tp. 11, r. 13, at sec. 5, southwest, leaving at 18; enters tp. 11, r. 12, at 13, runs south- west, leaving at 34; enters tp. 10, r. 12, at sec. 3; continuing southwest leaves at 31, no doubt inter- secting the Nebraska City and Ft. Kearney road in the northeast part of tp. 9, r. 11. NEBRASKA ing' of a road of some kind to the Pacific, said: "Opinion as expressed and elicited by two large and respectable conventions, recently assembled at St. Louis and Memphis, points to a railroad as that which would best meet the wants and satisfy the wishes of our peo- ple. But what that road will be, and where and by whom constructed, must depend upon the action of Congress." Asa Whitney, a merchant of New York, engaged in trade with China, made the first definite proposition for building a Pacific rail- way. His first memorial to Congress on the subject was presented in 1845. I*1 the third memorial, presented in March, 1848, he pro- posed to build a road from-Lake Michigan to the Pacific coast, an estimated distance of The "Emigrant road from Nebraska City to Ft. Kearney" appears to branch due west from the Ft. Kearney and Nebraska City road at the west side of tp. 10, r. 11, about sec. 18 and 3 miles southeast of the present town of Wabash on the M. P. R. R. (surveyed May 16-24, 1856) ; enters tp. 10, r. 10, at sec. 13, leaves at 18 (surveyed Dec. 27 to Jan. 28, 1855-56) ; as "Old Government road" enters tp. .10, r. 9, at sec. 13, leaves at 5 (surveyed June 3 to 9, 1857) ; across sw. cor. of tp. 11, r. 9; as "Old road to Ft. Kearney" enters tp. 11, r. 8, at sec. 25, leaves at 30 (surveyed Oct. 25-30, 1857) ; diagonally across tp. 11, r. 7, crossing Salt creek at the extreme se. cor. of sec. 22, 1% miles north of the mouth of Stevens creek; without name across the south part of tp. 12, r. 6 (surveyed Oct, 12 to Nov. 10, 1857) ; as "Mormon road" northwest through sees. 13 to 8, in tp. 12j r. 5 (surveyed Sept., 1857) ; as "Old road." northwest through sees. 24 to 4, tp. 13, r. 4; north from sec. 32, intersecting the Nebraska City and Ft. Kearney road in sec. 6, tp. 14, r. 4, pear Brainard, Butler county, following sub- stantially the Stromsburg branch of the Union Pa- cific R. R. in tp. 13, r. 4, and the Superior line of the F., E. & M. V. R. R. in tp. 14, r. 4. The military road from St. Stephens ferry, in the ne. % of sec. 2, tp. 2, r. 17 E. (surveyed June and July, 1856) is not accurately traced until it emerges from the half-breed reservation in sec. 11, tp. 3, r. 15 (surveyed Dec. 13 to Mar. 11, 1855-56), leaves to- ward the north at sec. 4 under the name of "Military road from Ft. Kearney to St. Stephens"; enters tp. 4, r. 15, at sec. 33, northwest across the corner; leaves at sec. 30, as "Old Military road," a branch from sec. 29 north into half-breed reservation at sec. 17; as road to Nebraska City, apparently identical in tp. 6, r. 14 (surveyed Nov. 28 to Dec. 17, 1855) ; then as "Emigrant road to California and Oregon" en- ters tp. 7, r. 14 (surveyed Dec. 6-20, 1855) at sec. 33, runs north, leaving at 6; across sw. cor. tp. 8, r. 14 (surveyed Jan. 1-29, 1856) ; as "Old Military road" enters tp. 8, r. 13, at sec. 25, runs north, in- tersecting old military road from Nebraska City in sec; 3 (surveyed Mar. 10-19, 1856). 1This prediction does not occur in Fremont's jour- nal of the expedition in question. 2 Feb. 6, 1832.THE PIONEER RAILWAY OF NEBRASKA 79 J 2,030 miles, on condition that the United States should sell him a strip of land sixty miles wide along the line, at sixteen cents an acre; such lands, or their proceeds which might be left after the road was built, should be reserved to keep it in operation and repair until it should become self-sustaining, and the remainder should then revert to the grantee or builder of the road. Whitney estimated that only the first eight hundred miles of the grant of land would be valuable, and he calculated that the cost of the road would be $60,000,000. The committee on roads and canals of the House of Repre- sentatives submitted a report on this me- morial i n March, 1850. They ap- proved the project for the following rea- sons: That it would cement the commer- cial, social, and polit- ical relations of the East and the West; would be a highway for the commerce of Europe and Asia to the great advantage of this country; would tend to secure the peace of the world; and would transfer to the United States part of the commercial impor- tance of Great Britain. The committee pre- ferred Whitney's plan to any of the others because it was a purely private enterprise in which the government would be in no way entangled; because the route had fertile land and timber in greater quantities than any of the more southerly routes; because the rivers could be bridged more easily on this route; because, owing to the dryness of the atmos- phere, the snowfall was less than on other THOMAS C. DURANT JAY GOULD From an engraving in the History of Wyoming by C. G. Coutant routes; because the northern passes are lower than those of the south; because perishable products could be carried more safely than on the warmer southern routes; because the higher the latitude the shorter the distance to be traveled; because the plan created the means for self-execution; and because no* other plan proposed to lower the cost of transportation. These reasons anticipated, substantially, all that were afterward urged to the same pur- pose. Bills embody- ing Whitney's proposition were in- troduced into both houses in 1850, but no vote was taken on either. Before the end of the 32d Con- gress the project of Pacific railways had come to be of leading importance. Senator Gwin of California in- troduced a bill for the building of a main line and branches in- volving the magnifi- cent distance of 5,115 miles. The main line was to run from San Francisco, through Walker's Pass and New Mexico, and down the Red river to Fulton in south- western Arkansas. A numerous family of branches was to spring from this trunk, running to the north and to the south. Lewis Cass struck the key- note of the knell of this overdone enterprise: "It is entirely too magnificent for me. I want a road, and for the present I want one road, and only one road, for one is all we can get now." In fact, neither the time nor the method for building the road was ripe. This novel and astounding enterprise was not to be the creature of a day. It must be a growth. But the general method by which the road SIDNEY DILLON THOMAS A. SCOTT OAKES AMES8o HISTORY OF NEBRASKA was finally to be built was outlined in a sub- stitute for the Gwin bill known as the Rusk bill. This bill provided that the President, with the aid of array and civil engineers, should designate the most practicable route and the terminus of the railway, and the project should have a subsidy of alternate sections of land on each side of the road, six miles in the states and twelve miles in the territories, and in addition United States bonds in the amount of $20,000,000. Though President Pierce favored this bill or a bill of this kind, the unripeness of the times, which means largely the impracticability of adjust- ing • sectional difficulties, defeated the bill.1 The origination of important public meas- ures or policies and procuring their enactment into law or their practical introduction and administration is a test of great statesman- ship. Stephen A. Douglas, the father of or- ganic Nebraska, exhibited great prescience and capacity for practical leadership in recog- nizing the importance, and instituting a method of protecting the rights of the public under the railway land grant system which he, probably more than any other statesman, was instrumental in establishing. He pushed through Congress the first railway land grant, by which the state of Illinois received 2,595,- 000 acres of land, which in turn was granted by charter, February 10, 1851, to the Illinois Central Ry. Co., to be used in constructing its first line of 7053^ miles. Douglas had defeated a previous attempt to grant this land direct to an irresponsible company, and also a corrupt attempt by the legislature to bestow it upon the same interests; and he then pro- cured the insertion in the charter of the Illi- nois Central Co. a provision that it should pay to the state annually 5 per cent of its gross earnings. By agreement, after two years this payment was increased to 7 per cent, and the requirement to pay this amount was embodied in the state constitution of 1870. In the year 1900 the revenue paid to the state on this 705 miles of road, through the fore- 1In his message of 1853 Mr. Pierce states that surveys ordered by Congress "to ascertain the most practicable and economical route for a railroad from the river Mississippi to the Pacific ocean" are "now sight and imperious influence of Douglas, was $784,093, and in 1901 it was $844,133. If Douglas had remained in the Senate through the prodigal and prolific period, of railway land grants, many millions of acres of the best lands would have been saved for direct homestead settlement, and the country would have been saved from a long series of griev- ous public scandals, and without impeding proper and healthy railway extension. He might have induced a policy of precaution or prevention instead of a policy, like to that traditional typical feat of leaving the stable door unlocked until the horse is stolen, which offered opportunity for colossal land-grabbing and afterward frantically condemned the prin- ciple and sought to recover from the grabbers the rich booty which they had acquired under the form of the law. Douglas was a pioneer projector of a Pa- cific railway, and in a speech in the United States Senate,2 April 17, 1858, in advocating a Pacific railway bill he said: "I suppose that Kansas City, Wyandott, Weston, Leaven- worth, Atchison, Platte's Mouth City, Omaha, De Soto, Sioux City, and various other towns whose names have not become familiar to us, and have found no resting place on the map, each thinks it has the exact place where the road should begin. Well, sir, I do not desire to have any preference between these towns; either of them would suit me very well; and we leave it to the contractors to decide which shall be the one. . . I am unwilling to postpone the bill until next December. I have seen these postponements from session to ses- sion for the last ten years, with the confident assurance every year that the next session we should have abundance of time to take up the bill and act upon it. . . I care not whether you look at it in a commercial point of view, as a matter of administrative economy at home, as a question of military defense, or in reference to the building up of the national wealth, and power, and glory; it is the great measure of the age—a measure, that in my in process of completion," arid he strongly advocates the construction of such a road on political, com- mercial, and military grounds. %Cong. Globe, vol. 36 (1857-58), pt. 2, p. 1645.THE PIONEER RAILWAY OF NEBRASKA Si opinion has been postponed too long." Doug- las had made precisely the same complaint re- garding the disappointing delays in the pas- sage of his bills for organizing the territory of Nebraska, and in this speech he originated the idea which was carried out in the Pacific rail- way bill enacted in 1862, leaving the builders of the road to determine the route between the termini. This enterprise was pressed without cessation by Congress after Congress until the passage of a bill in 1862. In the cotirse of this speech Douglas throws much light on the general question of the construction of the Pacific railway, as it was regarded at that time, and also on the efforts which had been made to carry out the enter- prise. He began in a tone of deprecation and disappointment: "I have witnessed with deep regret the indi- cations that this measure is to be defeated at the present session of congress. I had hoped that this congress would signalize itself by inaugurating the great measure of connecting the Mississippi valley with the Pacific Ocean by a railroad. I had supposed that the people of the United States had decided that ques- tion at the last presidential election in a man- ner so emphatic as to leave no doubt that their will was to be carried into effect. I believe that all the presidential candidates at the last election were committed to the measure. All the presidential platforms sanctioned it as a part of their creed. . . Various objections have been raised to this bill, some referring to the route, involving sectional considerations; others to the form of the bill; others to the present time as inauspicious for the construc- tion of such a railroad under any circum- stances. I have examined this bill very care- fully. I wras a member of the committee which framed it. I am free to say that I think it is the best bill that has ever been re- ported to the senate of the United States for the construction of a Pacific railroad. I say this with great disinterestedness, for I have heretofore reported several myself, and I be- lieve I have invariably been a member of the committees which have reported such bills." Douglas did not conceal his impatience with the "state rights" objection to the Pacific rail- way scheme. To evade this difficulty the measure was named a "bill to authorize the President of the United States to contract for the transportation of the mails, troops, sea- men, munitions of war, and all other govern- ment service by railroad, from the Missouri river to San Francisco in the state of Cali- fornia" ; and on this point Douglas said: "Some gentlemen think it is an unsound policy, leading to the doctrine of internal im- provements by the federal government within the different states of the union. We are told we must confine the road to the limits of the territories and not extend it into the states, because it is supposed that entering a state with this contract violates some great prin- ciple of state rights. The committee consid- ered that proposition, and they avoided that objection, in the estimation of the most strict, rigid, tight-laced, state-rfghts men that we have in the body. We struck out the provi- sion in the bill first drawn, that the president should contract for the construction of a rail- road from the Missouri river to the Pacific Ocean, and followed an example that we found on the statute books for carrying the mails from Alexandria to Richmond, Va.—an act passed about the time when the resolutions of 1798 were passed, and the report of 1799 was adopted—an act that we thought came exactly within the spirit of those resolutions. . . . There is nothing in this bill that vio- lates any one principle which has prevailed in every mail contract, that has been made from the days of Dr. Franklin down to the eleva- tion of James Buchanan to the presidency." The present day imperialist may find more than a crumb of comfort in the high estimate which the great promoter of organization and transportation for the trans-Missouri region put upon the value of Pacific commerce: "Sir, if we intend to extend our commerce; if we intend to make the great ports of the world tributary to our wealth, we must prose- cute our trade eastward, or westward as you please; we must penetrate the Pacific, its is- lands, and its continent, where the great mass of the human family reside, where the articles that have built up the powerful nations of the world have always come from. That is the direction in which we should look for the ex- pansion of our commerce and of our trade. That is the direction our public policy should take—a direction that is facilitated by the great work now proposed to be made." The select committees of the two houses agreed upon the form of a bill presented by Douglas in January, 1855.82 HISTORY OF NEBRASKA This bill contemplated three lines, one from the western border of Texas to the Pacific coast in the state of California, to be called the Southern Pacific R. R.; another from a point on the western border of Missouri or Iowa to San Francisco, to be called the Central Pa- cific ; and the third from the western border of Wisconsin, in the territory of Minnesota, to the Pacific coast in Oregon or Washington, to be known as the Northern Pacific R. R. It is a curious fact that railroads were subse- quently built substantially as indicated in this bill, and were called by the same names which Douglas pro- posed, except that the east- ern part of the central line was known as the Union Pacific. These roads were to be built by the aid of subsidies of lands and bonds granted by the United States, but the bid- ders who were to construct them were required to agree to turn them over to the United States after a certain number of years, V and the roads were then to become the property of the several states through which they should pass. This remarkable bill passed the Senate in February, 1855, by a vote of 24 to 21. In the House it had almost as stormy a time as the Kansas-Nebraska bill had met with the WILLIAM AUGUSTUS GWYER2 At ihe age of thirty-six years year before, but it was defeated chiefly through the now chronic and insurmountable sectional difficulties. Salmon P. Chase was the author of the first Pacific railway bill which was passed by Congress in 1853, but it provided only for money to defray the expense of ex- ploring routes for the proposed road. The solicitude of democrats of the old school to avoid trespassing upon the "rights" of a state is illustrated in the remarks of Ly- man Trumbull, then a democratic senator from Illinois, in the final debate on the act of 1862:1 ' 'The northern boundary of Kansas is on the 40th parallel of latitude, and in case the points selected should be below that on the Missouri river, it would be necessary, in my opin- ion, to have the consent of the state of Kansas to the construction of the road." Mr. Trumbull stoutly ob- jected to the branch lines from the Missouri to con- nect with the main line, and he contended at the outset for having ' 'one road from the Missouri river to the eastern boundary of Cali- fornia and to get rid of all the branches." Senator Harlan of Iowa, on the other hand, contended that it would be both discreet and just to give the four lines that were coming from the East to 1 Cong. Globe, 2d Sess., 37th Cong., pt. 3, p. 2833 et seq. "William A. Gwyer was born in New York City, Mar. 10, 1820. His father was an English gentle- man, and his mother was descended from a French Huguenot, who fled to England, and from thence to Massachusetts in 1035. He was one of the pro- prietors and settlers of Norwalk, Conn., in 1051, and his descendants participated in all the wars of the colonies, including the Revolution. The father of William A. Gwyer died in 1823, and when the latter was fifteen years of age he engaged as a clerk in a dry goods store, and continued in that business until he reached his majority. About this time a merchant, whose acquaintance he had made, pro- posed to furnish the capital and form a partnership with the young man for the purpose of opening a store in the turpentine region of North Carolina. This venture proved a success from the beginning. At the end of three years the partnership was dis- solved, and Mr. Gwyer removed to Wilmington, N. C., and began business as a commission merchant in cotton and naval stores. He continued this busi- ness until 1856, and became the most extensive con- signee of cotton and naval stores in the city. Closing out his business in the latter year he went north, visiting Minnesota and Iowa, and finally settled at Omaha in the fall of 1850. Here he invested heav- ily in city lots and farm lands. He spent the winter of 1856-57 at Bellevue, where he also purchased much real estate, his holdings at one time amount- ing to one hundred and fifty lots. He established a brick yard at Bellevue in 1857, and began the erec- tion of a brick block, which was destroyed by aTHE PIONEER RAILWAY OF NEBRASKA 83 the Missouri river across the state of Iowa,1 as also the roads "that are intended to form the connection at the mouth of the Kansas river," the benefit of a share in the proposed bounty, so as to make their connections in the most favorable way, and to secure or enhance their friendship for the main enterprise. Mr. Doolittle of Wisconsin seconded Harlan. He characterized the Union Pacific project as "the most gigantic work that was ever per- formed by man on the face of the earth, so far as any material work is concerned in the development of the world; there is nothing like it. < I undertake to say that to build a Pacific railroad, unless you can combine the railroad interests to push it on, is an im- possibility." Mr. Trumbull was inclined to scoff at this solicitude, and reminded the sen- ators from Wisconsin and California that he presumed they, like himself, "have experience enough to know that when $16,000 a mile is given by this government and the lands for miles on each side of the road, these tornado before completion. Mr. Gwyer estimates his loss on Bellevite property at $12,000. In the spring of 1857 he brought the first eastern lumber to Omaha, loading it on barges at Chicago, sending it through a canal to the Mississippi river, down this stream to St. Louis, thence up the Missouri river. The freight charges on this shipment were $300, the whole investment amounting to $20,000. This lumber was retailed at the following prices "common rough boards and studding, $60 to $75 per M., weather boarding, $100 per M., and flooring at $120 per M., shingles and lath at $12 per M>, etc." In the panic of 1857-58 Mr. Gwyer lost heavily, but his zeal and ambition remained unabated. He was elected to the 5th territorial legislature, and claims the authorship of the revenue act which was passed at that session, and another act equally important, entitled "An act to authorize every citizen of Ne- braska to examine the public records." Mr. Gwyer was elected a member of the city council of Omaha in 1860, and in 1861 went to New York city, and re- mained there and at Wilmington, N. C., engaged in merchandising, until 1865, returning to Omaha in 1866. He was elected to the state senate in 1873, was president of that body and for a short time act- ing governor. He was a member of the constitutional convention of 1877, and wTas instrumental in securing the adoption of a clause in the constitution prohib- iting the selling of any of the school lands for a less sum than the minimum price of $7 per acre. In 1878 he was elected a member of the Omaha board of education. In Aug., 1881, he engaged, with Luther Poland, in the flour, feed, and com- mission business at Omaha. Mr. Gwyer was much interested in the building of the Union Pacific R. R., and was the author of a memorial to Congress, adopted by a convention held at Omaha, Jan. 29, 1859, and which he circulated at his own expense. branches will not be built over the shortest route. This amount of money and land will more than pay for the construction of these roads in those localities. It will be a spec- ulation to build them." Mr. Trumbull, in order to avoid the state rights difficulty, pro- posed that the road should begin at some point on the Missouri river, to be fixed by the President of the United States, between the 40th and the 43d degrees of latitude. In or- der to give the branch roads from the East a slice of the subsidy, this proposition was modified so as to fix the initial point of the line 250 miles west of the natural place for starting on the banks of the great natural river boundary between "the East" and "the great West" which was to be traversed.2 Senator Wade of Ohio dropped into prophecy by the confident assertion as to the subsidy that "the government will never have to pay a single dollar of it. It is only a pledge of its credit for that amount; and yet sorpe gentlemen would hazard an enterprise more He also spent much time in Washington in the interests of a Pacific road bill. He was married in New York in Nov., 1846, to Sarah A. Hall, a native of Middletown, Conn. Four children were born to Mr. and Mrs. Gwyer: William A., Washington, D. C.; Idalyn, now Mrs. I, G. Yates, Omaha; Gwyn- daline, now Mrs. W. A. Berryman, Washington, D. C.; and Sarah Etta Gwyer, in the government service at Buffalo, N. Y. Mrs. Gwyer died several years ago, and Mr. Gwyer died in Washington, D. C., Dec. 18, 1905. xThe Omaha Nebraskian (July 10, 1863) men- tions that grants had been made to the state of Iowa some years before for the construction of these four roads—from Burlington to some point near the Platte river: from Davenport via Iowa City to Council Bluffs; from Lyons, on the 42d parallel, then completed to Marshalltown; and from Dubuque to Sioux City. The second road designated was the Mississippi & Missouri, now the Chicago, Rock Is- land & Pacific, and the third is now the Chicago & Northwestern. 2 President Franklin Pierce anticipated this ques- tion in his annual message of 1853. He pointed out that the power to construct, or to aid in the con- struction of such a road in a territory was not em- barrassed by the question of jurisdiction arising in the case of a state; but he cautiously said that, "It is nevertheless held to be of doubtful power, and more than doubtful propriety, even within the limits of a territory, for the general government to under- take to administer the affairs of a railroad, a canal, or other similar construction, and therefore that its connection with a work of this character should be incidental rather than primary." He insisted that "no grandeur of enterprise, and no present urgent inducement promising popular favor will lead me to84 HISTORY OF NEBRASKA grand, more magnificent, more beneficial, and more honorable to this nation than any other that ever entered into the conception of man."1 The secession of the southern states facili- tated the passage of the first bill, July I, 1862, by ending sectional controversy of the same nature as that which had retarded the passage of the bill for the organization of the terri- tory.2 This act provided for the construction of a road from Omaha to San Francisco. A California company already organized—the Central Pacific R. R. Co.—was to build the road to the eastern border of that state, and a new corporation, the Union Pacific R. R. Co., was to build all the rest of the road. Besides this main line, the Union Pacific Co. was re- quired to construct a branch from Sioux City, joining the main line at a point no farther west than the 100th meridian; and the Leaven- worth, Pawnee & Western, afterwards the Kansas Pacific Co., was required to build a line from Kansas City to a point on the Union Pacific no farther west than the 100th me- ridian. By the act of July 3, 1866, the Kan- sas Pacific Co. was permitted to join the Union Pacific at a point not more than fifty miles west of the extension of a line north from Denver; and under the act of 1869 Denver Pacific line between Denver and Chey- enne was the result. While the land grant applied along the whole line from Kansas City, by way of Denver, to Cheyenne, the bonds applied only to the distance originally intended to connect with the main line, which was fixed at 3i915A6 miles. The St. Joseph or Atchison branch was to be an extension of the Hannibal & St. Joseph line, and to be built by way of Atchison westward to some point on what is now known as the main line, but not farther west than the 100th meridian; or it might connect with the Kansas line upon the same terms as were given to the Union Pacific. Its subsidy was to extend only to the distance of a hundred miles, and so the road was built direct from Atchison west to Waterville, Kan., and there ended where its subsidy gave out. The line to connect Leav- enworth with the Kansas main line was built from the city named to Lawrence; but it was not subsidized. By the act of 1862 a subsidy of alternate sections in a strip of land ten miles wide On each side of the track was granted to the Union Pacific road and its two principal branches—from Sioux City and from Kansas City—33,000,000 acres in all. In addition to this subsidy the credit of the United States in the form of United States bonds was loaned in the following amounts: For the parts of the line passing over level country, east of the Rocky mountains and west of the Siefra Ne- vada mountains, $16,000 per mile ; for the 150 miles west of the eastern base of the Rocky mountains and the like distance eastward from the western base of the Sierra Nevada moun- tains, $48,000 per mile; and for that part of the line running over the plateau region be- tween the two mountain chains named, $32,000 per mile. These bonds ran for thirty years and drew 6 per cent interest, payable semi- disregard the lights of the constitution." After the lapse of a half century the light of public opinion is turning strongly to the side of public ownership and operation of railways. xWhat the early settlers lacked in real financial resources they made up, as nearly as any substitute could possibly go, in imagination, daring, and san- guine spirit. We find the Pacific City Enterprise quoting an article from the Omaha Times which in- sisted that the Pacific road up the Platte could and must be built by private enterprise. The Times an- swers the objection that such a road would not be supported on account of the sparse settlement along its line by the statement that if only fifty or sixty miles were built the federal government would send supplies and troops for the Utah expedition, and supplies for the garrison$ at Ft. Kearney and Ft. Laramie and other posts over the road. The Enter- prise seconds the proposition of the Times. 2 It has been pointed out in volume I that the great debate in the House of Representatives, in 1853, over the bill for the organization of Nebraska territory, turned on the question whether the north- ern overland route to the Pacific coast should be obstructed by dumping Indians from the East and South on the upper Missouri plains, the southern members insisting that the practice should be con- tinued, and those from the north stoutly opposing. In his report as Secretary of War for 1857, John B. Floyd, afterward notorious for abducting arms from the northern arsenals, on the eve of the rebellion of the South, strongly advocated the El Paso and Colorado river route for a Pacific railway, though he thought it would be necessary to keep open two additional routes for emigrants and supplies. He maintained that the southern route was shorter than any other, and that its grades would be lighter and the climate milder.THE PIONEER RAILWAY OF NEBRASKA 85 annually. They were not a gift, but a loan of credit, and were to be paid by the company to the United States at their maturity. The capital stock of the company consisted of $100,000,000 divided into shares of $1,000. When 2,000 shares were subscribed and $10 per share paid in, the company was to be or- ganized by the election of not less than thir- teen directors and other usual officers. • Two additional directors were to be appointed by the President of the United States. It was also provided that the President should ap- point three commissioners to pass upon and certify to the construction of the road as a basis for the issue of the bonds and lands. The line of the road was to begin at a point on the 100th meridian "between the south margin of the Republican river and the north margin of the Platte river, in the territory of Nebraska at a point to be fixed by the Presi- dent of the United States after actual sur- veys.^" The company was also required to construct a line from a point on the western boundary of the state of Iowa, to be fixed by the President of the United States, to connect with the initial point of the main line on the 100th meridian. A race in construction was inspired by the provision that either of the two companies, the Union Pacific or the Cen- tral Pacific, might build past the specified place of meeting—-the California boundary line—if it should reach the line before the arrival of the other. The act required also the construction of a telegraph line with each of these lines of railway. The Union Pacific project was an incon- gruous and most unfortunate partnership be- tween private and public interests, and from first to last political influences and considera- tions were vicious and demoralizing alike to the company and to the government. It is a 1U. S. Statutes at Large, 1863-65, vol. 13, p* 360. 2 The records of the land commissioner of the Union Pacific R. R. Co. at Omaha show that the land grant to the Union Pacific company in the state of Nebraska aggregated 4,845,977.13 acres. The en- tire grant to the original Union Pacific R. R. Co. in the states of Nebraska, Colorado, Wyoming, and Utah aggregated 11,400,620.18 acres. The land grant to the three companies—Union Pacific, Kansas Pa- cific, and Denver Pacific—which now form the pres- great pity that neither private capital nor the federal government felt prepared to undertake the enterprise alone. There should have been distinct private ownership or distinct public ownership, and, in spite of our unprepared- ness, relatively, for public business of this kind, the latter would have been better than the unnatural partnership or over-lordship. At the end of two years Congress had been influenced to greatly change the terms under which the company had undertaken to build the road. By the act of July 2, 1864,1 the company was permitted to mortgage the road to an amount equal to the loan of the United States bonds, and the lien or security of the latter was subordinated to the mortgage; the land grant was doubled,2 and the reservation, in the first act, of coal and iron lands from the grant was given up; the number of di- rectors to be elected was increased to fifteen and of government directors to five. The Kansas Pacific Co. desired, and doubtless ex- pected to build its line southwesterly from Denver when it sought and obtained, through the act of 1866, release from the requirement to unite with the Union Pacific line at or east- ward of the 100th meridian; but it was frus- trated in this design by a provision in the same act that its line must join the Union Pacific within fifty miles west of Denver. By this provision the Union Pacific was fixed as the main line ; and thus, finally, was settled a struggle for supremacy between partisans of the northern route and those of southern routes which had been openly begun by Doug- las in the introduction of his bill of 1844 for the organization of Nebraska territory, and which was meant, as he said, as notice that this line of travel should not be further ob- structed by being used as the dumping* ground for southern, or other tribes of Indians. ent Union Pacific R. R. Co., amounted to the fol- lowing acreage: U. P. R. R. Co., Omaha to Ogden... .11,400,620.18 K. P. R. R. Co., Kansas City to Denver. 6,273,600.00 D. P. R. R. & Tel. Co., Denver to Chey- enne ............................... 805,456.61 Total ...................... .......18,479,676.79 Of the lands originally granted in Nebraska there remained unsold on July 1, 1903, 334,384.04 acres. Sales in Nebraska commenced, according to the records of this department, about Aug., 1869.86 HISTORY OF NEBRASKA While proposed southern routes from the Missouri river to the mountains were good, that of the Platte valley, in point of directness and uniform easy grade, was far the best; and political influences and economic conditions just then peculiarly reinforced nature in favor of the northern route. On account of seces- sion, the southern interest had little or no influence in Congress, and the country chiefly tributary to the southern route was demoral- ized where it was not devastated by war. On the other hand, the great natural Platte river route was in direct line westward with the imperial tier of states of which Chicago had already become the commercial entrep6t, and at least four trunk lines of railway from that great central point would natu- rally reach the Missouri river north of the line between Iowa and Missouri and within reach of the influence of the Platte route magnet. The act of 1864 provided that any company having a line reaching Sioux City from the East might build the Sioux City & Pacific branch. In order to avail themselves of lands then more valuable than those lying across the Missouri, the builders, John I. Blair and Oakes Ames, kept the road on the Iowa side to a point opposite Blair, and then made the THOMAS C. DURANT1 Chief Promoter, Union Pacific R. R. connection at Fremont. This branch was never a part of the Union Pacific system, and in 1884 it fell into the control of the Chicago & Northwestern R. R. Co. There was a bitter controversy in Congress over the passage of the amendatory act of 1864, and the opposition in the House was led by two eminent members, E. B. Washburne of Illinois, a republican, and William H. Hol- man of Indiana, a democrat. Mr. Holman demanded that provision should be made for carrying the property and troops of the United States free of charge, and he predicted that the government would get nothing more in return for its aid. Mr. Wash- burne was unsparing in denun- ciation of the bill, and especially of the famous sec. 10, which subordinated the government loan to the lien of the mortgage bonds. He denounced this change as ' 'the most monstrous and flagrant attempt to over- reach the government and the people that can be found in all the legislative annals of the country.'' He questioned that there had been compliance with the provision of the charter lim- iting the stock held by one per- son to two hundred shares, or that some of the directors were bona fide hold- ers of the amount of stock required by law, or 1 Thomas C. Durant was educated for the medical profession. He abandoned it in his early manhood for broader fields of effort, as though conscious of his capacity for large affairs which was afterwards abundantly shown. The Union Pacific R. R., which his foresight, genius, and energy largely made pos- sible on the imperial parallel of 41%, is his fitting monument. Webster Snyder, his superintendent of construction, who knew him better than any other man, has borne public testimony to his broad views and patriotic ambition to link his name with one of the greatest enterprises of modern time. The writer of this sketch knew this remarkable man in a close personal relation as a man of large head and warm heart, and with a capacity in mental strength and energy which seemed to grow in proportion to the difficulties that he was compelled to encounter, both before and after he won his battle with the first forty miles of the Union Pacific. Durant was the very incarnation of courage and energy, which he imparted to others by personal example in heroic doses. In person he was six feet tall, spare in flesh and form without being slender, and stooped at the shoulders, which was noticeable when he was stand- ing. His muscular development was strong and sinewy, backed by a nerve force to drive as active and keen a brain battery as is seldom seen among men. The head was not large enough to be striking, but it was a fine fit in proportion and power for the intense temperament which was Durant's most marked characteristic. His face was an oval in shape, eyes bluish gray, and always alert; jaws pro- jecting to indicate firmness and strength of will; his hair was rather light in quantity and brown in color, and a thin mustache and straggling goatee was in harmony. Thomas C. Durant was a man of few words. His bearing was austere and his manner often abrupt, but to friends he was full of charm in moments of leisure, and while he would berate them betimes, he never meant a word he said on these lines. His heart beat true all the time. He was su- premely a man of reserve and of action, and as an executive director of vast interests he was, at least, everybody's peer. When he retired from his tri- umphs on the Union Pacific with a bank account of from three to four millions, after having been per-THE PIONEER RAILWAY OF NEBRASKA 87 of any stock at all; and he said that it was notorious that a single individual owned or controlled a majority of the stock. Then, warming to his subject, he continued: "While the government is liable for $100,- 000,000 and has donated millions upon mil- lions of acres of public land to this great work, 4 yet this entire organization has gone into the hands of parties who have put in but a trifle over 1 per cent of the whole amount that the government is liable for. And the government is utterly without any controlling voice in the direction of this company, as it has but two directors out of the whole number. Does it not seem, therefore, that the government is 'left out in the cold' in the arrangement as it now stands? But gentlemen point us to the long list of the present board of directors who are men of well-known integrity and of cap- ital ; but I desire to ask what number of these men of integrity and capital who appear in the list as directors are active and managing men, controlling and directing the action of the company ? Such directors as General Dix, . . . have either resigned their positions or refused to take any part in the management of the affairs of the company, while the real management is in the hands of a set of Wall street stock-jobbers who-are using this great engine for their own private ends, regardless of what should be the great object of the company or of the interests of the country. Who are the men who are here to lobby this bill through? Have the men of high character and of a na- tional reputation, whose names were, at an earlier period, connected with this enterprise, been here animated by a commendable public spirit and by motives of patriotism, to ask us to pass this bill? I have not heard of such men being here for that purpose, but on the other hand the work of 'putting the bill through,' has gone into the hands of such men as Samuel Hallett and George Francis Train— par nobile fratrum."1 The law of 1862 named 153 commissioners, distributed among twenty-four states and the territory of Nebraska, whose duty was merely to take the preliminary steps for organizing the company; and as soon as 2,000 shares of stock had been subscribed, and $10 per share paid in, the commissioners were to call a sonally bankrupt three years before he drove the Promontory spike cementing the two oceans by iron bands, he was not content. The Adirondack enter- prise and liberal living sank his, great fortune, and5 we may assume, shortened his life. But after his meeting of the subscribers, who should elect the directors of the company. The commis- sioners named for Nebraska were Augustus Kountze, Gilbert C. Monell, and Alvin Saun- ders of Omaha; W. H. Taylor of Nebraska City; and T. M. Marquett of Plattsmouth. It is worth noting, as an illustration of a phase of political conditions at that time, that these commissioners from Nebraska were all active politicians of the Republican party. The names of the commissioners were sup- plied largely by the members of Congress from the various states, and Senator Harlan of the adjoining state of Iowa was active in promoting these preliminary arrangements. By the 29th of October, 1863, 2,177 shares of stock had been subscribed, and the company was organized by the election of thirty di- rectors and of John A. Dix, president; Thos. C. Durant, vice-president; Henry V. Poor, secretary; and John J. Cisco, treasurer. These officers were all residents of New York. Au- gustus Kountze was the Nebraska representa- tive on the elected board of directors. Cautious capital merely played about the tempting subsidy bait, and "this most gigantic work that was ever performed by man on the face of the earth" was begun, and pushed for some months^, on a paid-up capital of $218,- 000. "The crowd" waits on the hither side of the Alpine barrier which crosses the way to most great discoveries and unusual achieve- ments ; and they have been accomplished when some unusual man steps out and declares, "There shall be no Alps." Thomas C. Durant of New York was the intrepid financial foun- der of the Union Pacific R. R. He sub- scribed his own means and induced his friends to subscribe by agreeing to assume their sub- scription if they should become dissatisfied with their investment; then he proceeded to build the road, and ground was broken at Omaha, December 2, 1863. In its momentous promise this ceremonial stands as the great event of Omaha history. While the realiza- death his sagacity and enterprise were partially vin- dicated when his heirs realized large sums from the revival of the Adirondack undertakings.—(George L. Miller.) 1 Cong. Globe, 1st Sess., 38th Cong., pt. 4, p. 3151.88 HISTORY OF NEBRASKA tion, too, has been great, it has yet been disappointing, because neither the keen vision of the projectors of that noble enterprise nor the sharp insight of the pioneer citizen fore- saw the vicissitudes through which it was destined to pass to completion and through subsequent operations, or, in particular, the comparatively early invasion of Union Pacific territory, in Nebraska and elsewhere, by those very lines from the East which were counted on as its feeders, and which have divided the expected imperial commercial prestige of the terminus by building up formidable rivals. The keenest business vision could not foresee, nor, could the liveliest imagination picture the prodigies which the new-born agency of steam and electricity, in the hands of American dar- ing and skill were so soon to perform. It was indeed incomprehensible that before this miracle of the first transcontinental road should have developed into good working order the building of rivals would become a commonplace occurrence. At the ceremony of breaking the first ground, A. J. Hanscom presided. Mayor B. E. B. Kennedy, Governor Saunders, and George Francis Train used the shovel, and these three, and also Dr. Gilbert C. Monell, Andrew J. Poppleton, Augustus Kountze, and Judge Adam V. Larimer of Council Bluffs 1 Omaha Nebraskian, Dec. 4, 1863. 2"Fellow citizens of Omaha and Council Bluffs: On the 13th of Oct., 1854, about seven o'clock in the evening, I was set down by the Western Stage Com- pany at yonder city of Council Bluffs. At the rising of the sun on the following morning I climbed to the summit of one of the bluffs which overlook that prosperous and enterprising town, and took one long, lingering look across the Missouri at the beautiful site on which now sets in the full vigor of business, social and religious life, the youthful but thriving and this day jubilant city of Omaha. Early in the day I crossed the river, and along a narrow path cut by some stalwart man through the tall, rank prairie grass, I wended my way in search of the post- office. At length I found an old pioneer, seated apparently in solitary rumination upon a piece of hewn timber, and I enquired of him for the post- office. He replied that he was the postmaster and would examine the office for my letters. Thereupon he removed from his head a hat, to say the least of it somewhat veteran in appearance, and drew from its cavernous depths the coveted letters. On that day^ the wolves and the Omahas were the almost undisputed lords of the soil, and the entire postal system was conducted in the crown of^this venerable hat.« To-day at least 4,000 radiant faces gladden our streets, and the postal service, sheltered by a made speeches. Congratulatory dispatches were read from President John A. Dix, Vice- President Dr. Thomas C. Durant, Abraham Lincoln, President of the HJiiitel States, by John Hay, his secretary (now—1904-—Secre- tary of State) ; William H. Seward, Secretary of State; George Opdyke, mayor of New York; J. M. Palmer, mayor of Council Bluffs; and Richard Yates, governor of Illinois. Brigham Young, then beginning to be imper- ator of a great industrial people, sent this message: "Let the hands of the honest be united to aid the great national improvement/'1 The shrewd Mormon foresaw the immense enhancement of property values which would follow the passage of the road through the city of which he was founder and virtual pro- prietor. He gave his full share of aid in construction, through the brawn of his follow- ers, until he saw that the company was bent on giving his city the go-by, and then, at the critical point in the great race, he withheld his aid till he saw that the Central Pacific, too, intended to reject his suit, and he must be content with a stub connection from Ogden. That there was no lack of appreciation of the momentous significance, to Omaha espe- cially, of the formal opening of this great highway is shown by the address of Mr. Poppleton.2 costly edifice, strikes its Briarean arms towards the north, the south, the east, and the west, penetrating regions then unexplored and unknown, and bearing symbols of values then hidden in the mountains and beneath the streams, of which the world in its wild- est vagaries had never dreamed. Then it took sixty days for New York and California to communicate with each other. To-day San Francisco and New York, sitting upon the shores of the oceans, 3,000 miles asunder, hold familiar converse. Iron and steam and lightning are daily weaving their des- tinies more closely with each other and ours with theirs, as the inter-oceanic city, whose commerce, trade and treasures leave the last great navigable stream in their migration from the Atlantic to the Pacific seaboard. It is natural therefore that you should lift up your hearts and rejoice. And though we have watched for nine long years, during which our fortunes have been, like Antonio's treasures, 'mostly in expectancy,' we at last press the cup in full fruition to our lips. The lines have indeed 'fallen to us in pleasant places,' and, as I look upon the smiling faces before me, I seem to read in their happy expression the words of the pious poet: " 'This is the day we long have sought, And mourned because we found it not.' "All this, however, is but the personal significance of this great national enterprise to us. To us itTHE PIONEER RAILWAY OF NEBRASKA 89 A few days after the delivery of this ad- dress Mr. Poppleton was engaged, through Mr. Peter A, Dey, chief engineer, as attorney for the Union Pacific R. R. Co. This small beginning developed into the general solicitor- ship of the company, which office Mr. Popple- ton held until the date of his resignation, February 1, 1888. The Nebraskian tells us that Train closed the exercises with "the raciest, liveliest, best natured, and most tip-top speech ever deliv- ered west of the Missouri"; and then the editor speculates in this strain: "An ency- clopedia of all knowledge, a walking library, a modern miracle is G. F. T. Is he played. out? Has he gone to seed? What is to be the future application of his brilliant talents? These are questions which Mr. Train should seriously and solemnly ponder. . . He has visited all the countries of the world, and, having a prodigious memory, has probably a larger fund of available practical knowledge than any man in America; and he is still a young man—but thirty-three years of age. The Train of ideas sometimes lacks the coup- lingschains." The Union Pacific Co. filed its assent to the conditions of the act of Congress on the means prosperity. To the nation and all its people it bears a significance well expressed in a telegram received from (Joyernor Yates, of Illinois, which I am requested to read. ... "I esteem myself fortunate in thus being allowed to give expression to this concourse of the greeting •of the state of Illinois through its chief executive •officer. In this hour of sanguinary struggles, when -that great and union loving state, through that most trusted, fortunate chieftain, Gen. Ulysses S. Grant, is hurling its victorious sons into the very vitals of the so-called confederacy, she still finds time to turn aside for one brief moment and wish us god- speed in this wonderful work upon which we now -enter. "When those iron bands with which we hope to -gird the continent shall stretch from sea to sea, they will stand perpetual hostages against the terrible ca- lamities of national estrangement, disruption and dis- memberment. The act of Congress establishing this great enterprise should have been entitled 'An Act to promote the preservation of the union, to prevent national dissolution, and bind together the Atlantic ancj Pacific coasts by an indissoluble covenant to resist and repel foreign aggression/ There is not •on all the Mississippi and its tributaries a citizen So ■craven but that, were the free navigation of that noble stream, from its source to its mouth, denied him, he would achieve it with the sword. So will this highway of the world be the common boon of 27th of June, 1863, the immediate pro- moters of the road plunged into the solicitude and struggle for the completion of the first 100 miles within the two-years limit of the act. They were further troubled by the provision of the amendatory act of 1864 which permitted the Kansas company to con- tinue its line to meet the line of the Central Pacific, if, when it should reach ^he 100th meridian, "the Union Pacific shall not be pro- ceeding in good faith to build the said- rail- road through the territory." The act provided that when the three commissioners appointed by the President should certify that forty miles of the road were built and equipped, the proper amount of bonds and the proportionate amount of the land grant should be issued to the company. In the spring of 1864 Durant began the great task of building this section. The small paid-up stock subscription and the proceeds of a credit of over $200,000 were soon exhausted, and such parts of the stock of building material and rolling stock as could be temporarily spared were sold, so that con- struction might proceed. The lucid statement of Peter A. Dev, the , widely known engineer, contains information and explanation, needed at this juncture.1 This first survey of En- every citizen, to be cherished and defended with special devotion. "Standing here, at the initiation of this stupen- dous enterprise, in this third year of our civil war, let us devoutly pray that the hour which witnesses its completion may behold a rebellion overthrown, a union restored, a constitution unimpaired, civil liberty and the pursuit of happiness, the inalienable birthright of the weakest and the poorest and the lowliest citizen in all our borders. Then with full hearts and bounding pulses we may renew the strain, " 'Great God, we thank Thee for this goodly home, This bounteous birth-land of the free, Where wanderers from afar may come And breathe the air of liberty; Still may its flowers untrampled spring, Its harvests wave, and cities rise— And long till Time shall fold his wing, Remain earth's loveliest paradise.'" xMr. Peter A. Dey, after a long and honorable career as a citizen of the state of Iowa, is still in active life as president of the First National bank of Iowa City, la. In two letters to the editor, dated respectively Sept. 12, 1902, and July 9, 1903, he gives the following interesting statement of facts relating to the beginning of the Union Pacific R. R., and his personal opinions relating thereto: "I had charge of the surveys, location, and, as far as it progressed, the construction of the Union9° HISTORY OF NEBRASKA gineer Dey's was abandoned after a con- siderable sum—probably more than a third of the first paid up capital—had been ex- pended on its somewhat difficult grade, and its substitute, the devious ox-bow route, is used to this day, and with all the disadvan- tages of the heavy grade of about three miles out of Omaha to the Mud creek valley. When the first forty miles of the road should be com- pleted the federal government would lay and bestow its first golden subsidy egg. On the plea of necessity, on the 4th of May, 1864, a Pacific R. R. from 1863 to 1865. The money for the surveys, and largely for the building of the first forty miles (and until the Credit Mobilier contract was made) was furnished by Thomas C. Durant and such of his friends as could be induced to risk their money in a scheme that the general public at the time thought chimerical. Even with the liberal grant of bonds and lands by Congress there were very few who. believed that the road could be built, and if it were built could earn money enough to pay operating expenses. Mr. Durant evidently shared in the belief that it could not be operated without loss, as he closed out all his interest and abandoned it the day after the tracks were connected at Promontory. His entire connection with the project seemed to be based on the idea that the securities could be so manipulated that there would be a profit in building the road, and, the government loan being inferior to the first mortgage, it would be compelled, to handle the property. "The ox-bow deflection can readily be explained. To an engineer the proper starting point from the Missouri river was in the vicinity of Bellevue. This was understood by all parties interested, but for rea- sons of which I never was advised the terminal point at Omaha was regarded as essential. My location was as nearly west as was practicable, making an in^ termediate summit with the same grades east and west of it as this required. The ox-bow was the suggestion of Silas Seymour, a civil engineer of some reputation who was consulted. It increased the distance from a common point to a common point fourteen miles, west of the divergence nine miles, making this common point twenty-three in- stead of fourteen miles. The cost of construction of the 'road on both lines was practically the same. In the ox-bow line the Credit Mobilier contract was based on $16,000 per mile first mortgage, $16,000 government mortgage (bond bonus), and $16,000 land grant mortgage, with about the same amount of stock. On the theory that the stock was worth- less, the three mortgages amounted to $48,000 per mile, or, on the nine extra miles, the construction company (the Credit Mobilier) received for the same expenditure $432,000 more than they would have received on the direct line. Further explana- tion i§ unnecessary for the reasons that would gov- ern an organization that looked to no future in the road. "As to George Francis Train's connection with the project, he was a warm personal friend of Mr. Du- rant, and always claimed to have originated the plan for building the road on the Credit Mobilier scheme. This I believe to be correct, as he often talked of the French Credit Foncier and seemed to know some- committee was appointed on the part of the company to contract for finishing 100 miles of road. Though the act of July 2, 1864, doubling the land subsidy, followed in the meantime, Durant, on the 8th of August, received from H. M. Hoxie a proposition for the famous, or notorious, contract by the terms of which he was to build the 100 miles for $50,000; and on the 4th of the following October the contract was extended to cover the whole line to the 100th meridian —247.45 miles. thing of its operations. As a capitalist he did not rank with Durant, Sidney Dillon, the Ames brothers, or John Duff, and he probably furnished very little money for the project. Mr. Train was an attractive talker, his speech at the breaking ground celebration was the finest address that I ever heard on such an occasion. He was more of a success in this line than in the practical details of railroad building. "In reply to the inquiry 'how to reconcile the his- torical statements that Mr. Hoxie's contract required him to construct the first hundred miles of the Union Pacific R. R. with the statement that forty miles or more was practically completed before the Hoxie contract was let/ I would say that Mr. Hoxie's proposition to build the first hundred miles was dated Aug. 8, 1864, and was accepted by a spe- cial committee of the board of directors on behalf of the Union Pacific R. R. Co., Oct. 4, 1864. The committee consisted of John A. Dix, C. S. Bushnell, and George T. M. Davis. "The contract required Mr. Hoxie to complete the hundred miles in the time specified by the act of Congress, and to comply with the same, to assume all contracts for iron and equipment, and also to as- sume the work on the sections near Omaha which had been let by the company, those contracts to be transferred to him upon terms to be agreed upon hereafter, he paying for the expenditures already made out of the contract price and completing them. Under the stipulation of the contract Mr. Hoxie was not required to expend in the construction of any one bridge over $85,000 (this probably refers to the Loup Fork river, as the engineer's estimate of the cost of that bridge was about this amount), and for the erection of station buildings, machinery, tanks, and equipment not to exceed $5,000 per mile, the side tracks not to exceed 6 per cent in length of the main line. The cost of the iron delivered at Omaha beyond $130 per ton was to be paid for in addition. "The first mortgage bonds, which were a lien upon the road prior to the government lien of $16,000 per mile, were to be taken in payment at the rate of 80 per cent, the land grant bonds at 75 per cent. It is not stated at what rate the government bonds were to be taken. He also subscribed $5,000 per mile to the stock of the company. The right of way was to be furnished by the company. The con- tractor reserved the right to change the grades wher- ever expedient, provided the maximum grade on the N. Y. C. was not exceeded, which I understand was the grade out of Albany, and which at the time was ninety feet per mile. The engineer's estimate for this first hundred miles was less than $30,000 per mile, limiting the grades to seventy-five feet perTHE PIONEER RAILWAY OF NEBRASKA 91 The "Defense of Oakes Ames"—remark- able for its skilful presentment and impressive eloquence—which was read in the House of Representatives, February 25, 1873, opens with a clear statement of conditions which led up to this contract. Though this defense was osten- sibly the Credit Mobilier sponsor's personal plea, it was written by Andrew J. Poppleton; mile. This was making very large allowance for the scarcity of labor and the high price of all material at the time. What Mr. Hoxie contracted to do could have been done before and since at $20,000 per mile, or even "Ground was broken in Dec., 1863, and grading began the following spring. Not a large amount of grading was done, as most of the season was spent in getting together forces to prosecute the work, it being 200 miles to the nearest railway, and men brought out were inclined to desert- and go to Colorado. "As I remember, there were but three or four places where any amount of work was done on the direct line between where the ox-bow left and where it again reached the direct line. The amount of work done was not large, and no great loss was sustained by the change. The reason assigned for the change, increasing the distance nine miles in going fourteen, making the common points fourteen and twenty- three miles., was to reduce intermediate grades, re- taining grades of the same per cent on each side of this divergence. The one at Omaha remains the same, I believe; that from Elkhorn to the Platte valley I understand has been reduced to a 1 per cent grade. It was the original intention to reduce all grades to 1 per cent, the bridge over the Missouri to have been ten feet higher than it now is, and a high embankment across the main Papillion creek valley, the summits to have been cut deep wherever the business required and facilities for the hauling requi- site could be furnished. "Very careful surveys had been made from near the mouth of the Platte river, from Bellevue and its vicinity, from Omaha and Florence to Fremont; in fact the entire country had been developed and all its features understood by the officers of the com- pany before the President was asked to fix the ter- minus at Omaha. The line around by the Platte val- ley was too long, although practically without grades. The line from near Bellevue or Childs' Mill, a point about two miles above, following the Papillion and its west fork and reaching the Elkhorn where the road now does, was reported as the true route. All profiles and the information necessary to establish the line were presented to the officers of the com- pany. In the face of all this, after full deliberation, the line was determined and the terminal point at their request fixed at Omaha. I was informed that two reasons governed this—first the Northwestern interests were willing to bring their road as far south as Council Bluffs, but would go no further south and would make their connections at Fremont. The second was that Council Bluffs and Omaha combined had considerable political influence at Washington, and it was at the time dangerous to excite animosity. • "The ox-bow was due to the genius of Silas Sey- mour, afterwards consulting engineer. I have thought it was adopted because the grading and bridging on the twenty-three miles cost no more and though, being the attorney of the Ames interests, he may not have been wholly impar- tial, yet on account of the local view-point of its author the statement is very useful for the present purpose.1 While Durant was the practical beginner of the Union Pacific road, and but for his determined spirit and financial resources its than on the fourteen of the direct line, and the profit on the construction was essentially larger. When the ox-bow was announced its absurdity as the line west from Omaha attracted general attention, and the people of Omaha began to believe that it was the intention to abandon their town as the terminal, and they prepared to make a strong fight. Senator Harlan of Iowa at the time was Secretary of the Interior. In the Senate he had been a strong advo- cate of the road, and had aided materially in getting the law in a shape that would make it practicable to use securities in building the road. He had taken a very prominent part in the quarrel between the Republican party and Andrew Johnson, and was by many thought a presidential possibility. The in- terior department being largely responsible for the relations of the railroad to the general government, it was but justice to Mr. Harlan that nothing should be allowed that would subject the department to criticism. General Simpson was appointed because he was a man of high character, and any opinion given by him would command respect. He reported, as the engineers before him, that the Papillion valley to the Missouri river was the most favorable route and should have been adopted. I have no access to his report, "but think he stated that as the mistake had been made the best thing to do was to get there as soon as possible, and the ox-bow was the easiest way. After his report Omaha seemed satisfied, and I am not aware of any criticism on the interior de- partment for this change of route. I think there was some criticism on Mr. Harlan's official acts afterwards, but on a different matter." 1 "The meeting of commissioners named in the act to carry the same into effect by the organization of the corporation was held pursuant to act of Con- gress on the first Tuesday of Sept., 1862. Though composed of a great number of the leading capital- ists of the country, and, in addition to the ordinary inducement of pecuniary advantage, acting under the stimulus of patriotic ardor, the meeting failed to accomplish anything beyond the opening of books of subscription. Not a dollar of stock was sub- scribed or promised, and it was not until about the 27th of Oct., 1863, and then only with the explicit understanding on the part of the subscribers that in case of failure to secure future legislation the project must be abandoned, that a sufficient subscription was obtained to authorize the election of a board of di- rectors. On this subscription was the name of no recognized capitalist. Parties known to the country as wielding large capital in railroad enterprises had studiously avoided all apparent association with the enterprise, and in their place appeared a class of comparatively unknown men, whose names, when rising to the surface, had been chiefly connected with enterprises involving speculative and extra-hazard- ous risks. Until the passage of the law heretofore mentioned, nothing was done under this organiza- tion beyond such acts as were necessary to preserve the existence of the corporation.9 2 HISTORY OF NEBRASKA actual construction would have been long de- layed, yet the weight of opinion is that he regarded the enterprise as the exploit of the builders, and had neither confidence nor in- terest in it as a practicable highway; and so he sold his interest in the company immedi- ately after the two lines were joined at Prom- ontory. He is therefore persistently charged with treating its resources during the construc- tion period as an orange which is made to be sucked. Hoxie, who was an irresponsible em- ployee of the company which operated the ferry between Council Bluffs and Omaha, had agreed, before the extension of his contract to < include 247.45 miles, to turn it over to "Then came the act of July 2, 1864. Its principal features were as follows: It authorized a reduction of the par value of the shares from $1,000 to $100, with a corresponding increase in number; it enlarged the land grant from a ten- to a twenty-mile limit; it authorized the company to issue first mortgage bonds on its railroad and telegraph, to an amount per mile equal to the amount of United States bonds author- ized to be issued to the company in aid of the con- struction of the road, and made the mortgages securing the same a lien prior to that of the United States ; it declared that only one-half of the com- pensation for services rendered for the government should be required to be applied to the payment of the bonds issued by the government in aid of the Construction. While thus strengthening the com- pany by these changes, Congress at the same time and in the same act dealt it two well-nigh fatal bjows, from the effect of which complete recovery is impossible. It authorized the Kansas Pacific, ^'hich was required to effect a junction with the Union Pacific not farther west than the 100th me- ridian of longitude—a distance of about 247 miles west of the Missouri river—to make such connec- tion at any point westwardly of such initial point deemed practicable or desirable. The result is a rival parallel road connecting with the Union Pacific at a point 516 miles west of the Missouri river, be- ing one-half the length of that road, and claiming equal advantages and facilities in all running con- nections and interchange of business. It likewise provided that in case the Central Pacific should reach the eastern boundary of California before the Union Pacific should be built to that point, the former com- pany should have the right to extend its road 150 miles eastward, and this power was afterwards enlarged by Congress by act of July 2, 1866, so as to authorize such extension indefinitely, until the two should meet. Thus by act of Congress these two corporations were sent forth upon a race across the continent which finally culminated in the con^ struction of 500 miles of road by each company in a single season, through a desert country, upon a route beset by unparalleled obstacles, and at a neces- sary cost largely in excess of the most extravagant estimates. "It is in testimony before a committee of the House that after the impracticability of building the road under the first act had been demonstrated, when it had become apparent that additional aid Durant and his friends; and in October, 1864, Durant subscribed $600,000, Cornelius S. Bushnell, $400,000, Charles A. Lambard, $100,000, Henry S. McComb, $100,000, and H. W. Gray, $200,000, toward carrying out the contract which they assumed. But just as responsible financiers lacked confidence and courage to subscribe to the enterprise at the outset, so these friends of Durant's lost cour- age when they came to realize the tremendous liabilities they, as partners, had incurred, and some of them refused to pay more than the first instalment of their subscriptions; and again the enterprise hung on the single thread of Durant's superb nerve. In the meantime was necessary to induce capitalists to embark in the enterprise, the late President Lincoln was urgent that Congress should not withhold the additional assistance asked, and that he personally advised the officers of the company to go to Congress for such legislation as would assure the success of the enter- prise, declaring it a national necessity, and recom- mending them to apply for additional concessions ample to place the construction of the road beyond peradventure. "Notwithstanding this favorable legislation, no capital was attracted, no additional stock subscribed. On the 8th of Aug., 1864, a contract for building 100 miles west from the Missouri river was let to H. M. Hoxie, the only contractor offering to under- take so hazardous a venture. Six months demon- strated his inability to perform his contract, and with the experience of the company in dealing with indi- vidual contractors, no course seemed open except to seek a consolidation of personal means into a cor- porate body, whereby the pecuniary ability of a large number of persons might be made available to the task of constructing the road, while at the same time enjoying the shelter of corporate liability only. Ac- cordingly, by a contract made Mar. 15, 1865, the Credit Mobilier of America, a corporation created by and organized under the laws of Pennsylvania, in substance, assumed the obligations of the Hoxie con- tract and entered upon its performance. It was soon manifest that even this organization as then consti- tuted would be unable to accomplish the work for which it was created. The state of the country and the peculiar local conditions surrounding the enter- prise were exceedingly unfavorable to a successful prosecution of the work. Gold was 150; there was no market for the first mortgage bonds; and the government bonds, payable in currency, were of uncertain value and of difficult sale. No eastern railroad connection existed whereby the vast amount of material essential to construction could find rea- sonable and rapid transportation to the line of the road. It was compelled, instead, to follow the long and tedious route of the Missouri river, at an ex- traordinary cost for transportation, and without in- surance against the perils of the hazardous naviga- tion of the treacherous stream. All the materials were high and all classes of labor scarce, and only to be obtained in limited quantities at extravagant prices. Add to this the universal distrust in finan- cial circles of the ultimate completion of the road,THE PIONEER RAILWAY OF NEBRASKA 93 construction lagged and hope long deferred made sick the hearts of the expectant bene- ficiaries of the road in Nebraska. The most important and exciting episode in the building of the Union Pacific R. R., as affecting Nebraska interests, was the change from the nearly direct route from Omaha to the Elkhorn river in favor of the curve, or ox-bow line down the Mud creek valley nearly to Bellevue, and then northwest, following West Papillion creek to a point of convergence with the original line, between four and five miles from the place of crossing the Elkhorn. The point of divergence from the original route is three miles west of the starting point in Omaha; from the diver- ging point to the point where the lines again con- verge is fourteen miles; by the present or ox-bow line the distance between these two points is increased by nine miles. At the outset, Peter A. Dey, engineer in charge of construction, sur- veyed six lines out of Omaha, and in a letter to Colonel Simpson, July 12, 1865,1 he described them as follows: m f >. fj| . "1st. From the mouth of the Platte river, follow the valley; 2nd, from Bellevue up the West Papillion; 3rd, the south or lo- cated line from Omaha west; 4th, the north line from Omaha, up the Military creek, down Saddle creek into the Papillion, up its valley to a point nearly east of Fremont, and down Plum creek to the valley of the Platte; 5th, from Florence westerly; 6th, from a point on and the general conviction that when completed it would fail to prove remunerative or profitable, and it is easy to anticipate the result which speedily fol- lowed, viz., the practical failure of the new organ- ization to carry forward the work until reinforced by a new class of capitalists, bringing with them larger means and a more powerful influence in the financial world. "Early in Sept., 1865, it became manifest that the contract could not be performed, and that the work must stop unless additional strength could be im- parted to the corporation. Accordingly, after urgent SILAS SEYMOUR Consult. Eng. Union Pacific R. R., 1864-69 Fish creek, between De Soto and Cuming City, and across into the fourth line." On the 4th of November, 1864, President Lincoln approved of the location of the first 100 miles of the line in accordance with the authority of the act of Congress of 1862. On the 6th of April, 1865, the Union Pacific Co. formally decided, without permission or approval of the President, to abandon the original line and adopt the present, or ox-bow line. On the 12th of May President John A. Dix made formal application for approval of the change of route to the President of the United States. In this application Mr. Dix stated that the company had ex- pended about $100,000 toward building the origi- nal line west of the point of divergence and which had been abandoned, and about $250,000 on the new line; and that the company was then expending about $2,- 500 a day on the amended line. This was not the only important instance in which the company first ap- propriated what it wanted and afterwards asked per- mission of the federal gov- ernment, its ostensible mas- ter, to do so. With this request was filed a report in its favor by Silas Seymour, consulting engineer of the company, and a fa- vorable letter by Jesse L. Williams, a govern- ment director and member of the locating com- mittee. Seymour found that the maximum grade westerly to the point of divergence was 66 feet per mile, and as this portion of the line solicitation and long consideration, myself and oth- ers associated with me for the first time took an interest in the organization. Its capital stock was increased, additional money was raised, and the work went forward. Under this arrangement 247 miles of road were built, when, on the 16th day of Aug., 1867, it was superseded by the Oakes Ames con- tract, so-called, and this contract was, on the 15th day of Oct., 1867, assigned to seven persons as trus- tees, and under it 667 miles of road were built." 'Simpson's Report, p. 46.94 HISTORY OF NEBRASKA —about 3 miles—"is now nearly graded, it is not proposed to change it at present, but it is assumed that it will be changed hereafter to conform with the maximum grade that may be adopted in ascending the valley of the Papillion ;'n but this grade has not been changed to this day. Mr. Seymour calculated that it would cost $144,490 more to construct the 14.2 miles on the original line between the points of divergence and convergence than to build the 23.2 miles of the new line between the same points. He contended also that the company would be justified in adding 100 per cent to the length of this portion of the road in order to secure a maximum of 40, instead of 66- and 8o-foot grades per mile, assuming an equal cost of construction for the two lines. Mr. Dey in a statement made to Colonel Simpson, July 12, 1865, pins Seymour to this plausible proposition: "It seems to me that this question should have been stated (as an examination of the profile shows the grading to be done on the line Mr. Seymour advises) whether, with the maximum grades of 66 feet going west, and 79.2 going east on either side of this divergence, it would be expedient for the company to increase the length of their road 9 miles in going 14 to get rid of the light grades on portions of the intermediate 14 miles?"2 And then he proceeds: "On page 4 of Mr. Seymour's report he uses the following language: The maximum grade ascending^ westerly between station no. o and station no. 150, the proposed point of di- vergence, is also 66 feet per mile; this portion of the line is nearly graded, and it is proposed not to change it at present, but it is assumed that it will be changed hereafter to correspond with the maximum grade that may be adopted in ascending the valley of the Papillion. This question is reserved for future consideration. With a view, however, to such future change it is recommended that for the present as little money as practicable be expended in grading the valley of Mud creek, between station 150 and a point where a line with moderate grades in both directions would naturally leave this valley to enter the valley of the Missouri river.' "I can interpret this language, guarded as it is, in no other way than that Mr. Seymour advises the company to use his route for the present, and until the business of the road is increased sufficiently to require lighter grades, then to make the eastern outlet at or near Bellevue. "If this be the legitimate meaning, it is clear that the eastern part of his line is merely a temporary accommodation to Omaha, and the whole line out of any fair comparison, except as a part of a line from Bellevue to the Elk- horn river, and the discussion must come back to the located route from Omaha and the line from Bellevue. "On these lines, before the company had taken any action, I committed myself most un- equivocally, as an ehgineer, in favor of the latter, as you will see by reference to my report. "If the company erred in their location, it was with the facts fully before them; how far outside influences, importance of points inter- ested, political coiisiderations, prospective eastern connections, or other causes weighed with them I can not tell. "The location was filed, and the business interests of western Iowa and Nebraska began to accommodate themselves to it; then the change was ordered. Its effect has been to unsettle everything, and leave a deep feeling of distrust as to what may follow. "It makes comparatively little difference how questions of this kind are settled pro- vided that when done they are settled perma- nently; and although a change of terminal point and route would work financial ruin to many men, and render property in these towns utterly valueless, yet the enterprise and energy that have built on the frontier Council Bluffs and Omaha, under so many disadvantages, will in a few years build up other points equally important at the terminus of the road." On the 12th of December, 1864, Mr. Dey had written to Durant in this pointed fashion: "I have a letter from Mr. Seymour criticis- ing our location from Omaha to the Elkhorn river, and making suggestions at great length. His earnestness is further evinced by a tele- gram sent a few days after bis letter was mailed, urging an immediate and full answer from me. This part of the road was located with great care by me. You even animad- verted on my going into the neld personally to examine the proposed lines; you also prom- ised to have the lines scrutinized by a com- mittee of engineers nearly a year ago. "The line as located by me has been ap- proved, and the location has been acted upon 1 Simpson's Report, p. 24. 2 Simpson's Report, p. 46.THE PIONEER RAILWAY OF NEBRASKA 95 for a year. It is too late, after spending so much time and money on the construction, to go back and consider relative merits of this and other lines. The present location is right, unless it is desirable for the company and gov- ernment to make a longer road, more bridges, heavier excavations, and spend on twenty miles the money which should be expended on one hundred miles of road. Your views favored the economical policy, which was cer- tainly the true policy of the company. I acted upon it deliberately and, as I still think, wisely. "In view of the decided advantages of this route and the expenditures already made, it is in my opinion altogether out of the question to modify the location to meet the undigested views o,f Mr. Seymour, who can not know the relative advantages of one route over another, because he has not been over the country, and, from the tenor of his letter, not even examined the profiles in the New York office." Seymour's opinions give the impression that he knew what was expected of him by the company and was ambitious to meet these ex- pectations. Dey, on the other hand, had shown a restive disposition because he did not approve of the Hoxie contract, and it is said that he resigned the office of engineer on that account. It was therefore quite natural that the imperious Durant should attempt to be- little Dey's ability as an engineer. The case made up for the change of the line by Sey- mour, Durant, and government director Wil- liams was referred to the Secretary of the In- terior, James Harlan of Iowa, on the 19th of May, 1865, and he submitted a statement to President Andrew Johnson, in which he refused to recommend the change, as follows: "Conceding that when the location has been made and approved it is competent to substi- tute another by a subsequent order, I do not feel at liberty, under existing circumstances, to recommend that the requested change of location be approved by the President. "I respectfully suggest, should you be of opinion that you are not concluded by the ap- proval of President Lincoln, that an experi- enced and'skilful officer of the engineer corps be detailed to make examination of both routes, and to report fully upon their relative advantages. "You will then be in possession of such facts from a competent and disinterested source as will enable you %o act advisedly in the premises." Accordingly Lieut.-Col. Simpson, of the corps of U. S. engineers, was promptly detailed to make an examination of the routes in question. Simpson's thorough and evi- dently honest report exposes a palpable trick of Seymour's: "The ruling grade on the new or amended portion, ascending westward between the points A and B, is 40 feet to the mile, and can easily be reduced to 30 feet; ascending eastward, 40 feet to the mile, and can easily be reduced to 30; leaving on the portion com- mon to the two lines an ascending westward grade between Omaha and the point A of 66 feet to the mile, and between the points B and C an ascending eastward grade of 79.2 feet to the mile. "Now as Col. Seymour, in his argument accompanying this report, marked appendix A 10, assumes a ruling grade of 40 feet on the whole extent of the new or amended line, extending from Omaha to the Elkhorn, and as at the time of my examining this line he had practically obtained this 40 feet grade only on the portion of the line between the points of divergence and convergence, A and B, and not on the portions common to both the old and the new line of location, I directed an instrumental survey to be made under Mr. D. H. Ainsworth, civil engineer, to ascertain the practicability of obviating the objectional grades in the manner suggested by Colonel Seymour; that is, by a line from Omaha down the Missouri valley for a distance of 2.75 miles, and thence ascending the bluff by a ravine, and connecting with the Mud creek route at or near station No. 421. . . "The map and profiles of this route, which have been submitted to me, show that, with- out any unreasonable expense, a grade of 30 feet ascending westward and the same grade ascending eastward can be obtained, with a shortening of the distance between Omaha and the point of intersection with the Mud creek route 66/100 of a mile." Seymour glides over the real difficulties— the 66 feet grade out of Omaha to A, the point of divergence, and the 79.2 feet grade down to the Elkhorn from B, the point of convergence of the old and the new line—by saying that it is impracticable to abandon the objectionable east end because it has already been graded, and that the objectionable west end grade "may be changed from 79.2 to 40 feet upon the present location."96 HISTORY OF NEBRASKA On the 23d of September, 1865, Secretary Harlan made the following report to the president: "I have the honor to submit, herewith, the report, map, and profiles of Lieut.-Col. J. H. Simpson, corps engineers, appointed to exam-; ine and report in relation to the application of the Union Pacific railroad company for an amended location of a portion of the route of their road between Omaha City, Nebraska, and the valley of the Elkhorn river. "Colonel Simpson has given this matter a thorough investigation both on the ground and in the office, and has arrived at the con- clusion that the line which the company have proposed and pledged themselves to build, ex- tending from Omaha dozm the Missouri val- ley, and across the river bluff to Mud creek and Papillion valley (route No. 3) at or near station 421, and thence on said route to the valley of the Elkhorn, as shown on the accom- panying map, with ruling grades of 30 feet, ascending westward and eastward, is 15 per cent better than any other route that can be obtained westwardly from Omaha, and there- fore the best for the country which the com- pany could build." The president approved the report by the following endorsement: "The abandonment asked for by the Union Pacific Railroad Company of the original loca- tion of their road between Omaha and the val- ley of the Elkhorn, called No. 1 in Colonel Simpson's report, with the adoption of No. 3, or Mud creek route, is approved on the express condition that the company amend said No. 3 line to make it conform to the Missouri valley or No. 4 route, with ruling grades ascending westward and eastward, of 30 feet to the mile, as they propose." Colonel Simpson's report declared that "route No. 3 [the present or ox-bow route] is 19 per cent inferior to original route No. 1; route No. 4 is 15 per cent superior to original route No. 1; route No. 5 is 40 per cent su- perior to original route No. 1." No. 4, it will be observed, followed down the Missouri river, so as to avoid the 66-foot grade out of Omaha, and passed through a gap in the bluffs about 4 miles below Omaha. Seymour, in his letter to Simpson, August 29, 1865, arguing for the change, said: *"It will be noticed that besides the grades of 66 and 80 feet proposed by the company for the orig- inal line of location, three additional sets of grades "On leaving Omaha for St. Joseph, by steamboat, I took occasion to examine from the pilot house the bluffs between Omaha and the mouth of the Papillion, for the purpose of ascertaining whether there were any depres- sions between those points, through which a line could pass, with low grades, between the Missouri and Mud creek valleys, and I be- came satisfied that it could be done. The opinion was then formed that a very palpable engineering mistake had been made, either in fixing the terminus of the road at Omaha, or in the location of the line between Omaha and the Platte valley." In the same letter Seymour anticipates Simpson's exposure of the evasion of the real question of the heavy grades common to both routes—No. 1 and No. 3—in his own report: "It should be borne in mind, however, that the change in location and grades between stations 150 and 900 was not all that was specified, either in my report or the letter of Mr. Williams, as being necessary for the com- pany to do before realizing the advantages claimed for the new route by reason of the reduction of the maximum grades to 40 feet per mile in each direction. "The grading, then nearly completed, be- tween Omaha and station 150, was to be used only temporarily; and it was recommended "that for the present as little money as prac- ticable be expended in grading in the valley of Mud creek, between station 150 and the point where a line with moderate grades in both directions would naturally leave this val- ley to enter the valley of the Missouri river.' The line referred to, 'with moderate grades in both directions/ was the route heretofore alluded to, as passing through the depression in the bluffs between Omaha and the mouth of the Papillion, and which I assumed would, as a matter of course, be adopted hereafter by the company. "It was also stated in the report that the grade of 80 feet per mile, near the Elkhorn, must hereafter be reduced to 40 feet per mile, either by a slight change in the location, or by deepening the excavation and raising the em- bankment upon the present location." Simpson's concise and conscientious sum- ming up is an intensely interesting and sug- gestive contribution to the story of the Union Pacific road as it affected Nebraska.1 have been included in the investigation. This was done to see whether, by adopting lower grades, the total annual expense could be diminished. An in-THE PIONEER RAILWAY OF NEBRASKA Government Director Jesse L. Williams made rather more of a mess of the case than Seymour had done. He sought to reduce the west end 80 feet grade by arguing that it was not as important as it seemed, because two- thirds of the tonnage would go west, for which the heavy grade in question would be down hill. The east end grade is left to the fortune of the future: "The cost of construction is considered equal—the expense of changing the first five or six miles from Omaha running down the river, to be done at a future day, to get a 40- spection of the results will show this view to be erroneous (at least for the grades suggested). The expense of operating the road, it is true, diminishes with the grade; but the interest on cost increases in a greater ratio. The sum of the two necessarily de- termines the lowest rate of charge for transporta- tion; and, therefore, it would be against the interest of the public to cut down the grade on old line to 40 or 50 feet per mile. But even if the investigation had produced a different result, and had shown that, by spending over a million dollars additional on this, part of the road the rates of transportation could be reduced five or ten per cent, I would doubt the expediency of the outlay. "With a thousand miles of expensive work before it, strict economy, ^ skilful engineering, and sound judgment, in all points where they apparently differ, will be absolutely essential to carry on this great work steadily to its completion. "This will be especially necessary at this end of the line, which must be more than self-supporting on account of the heavy expenditures, both of construction and operation, to be met in the mountains. "Viewed simply as a problem in engineering, to select the best route to connect the Union Pacific railroad with the Missouri river, the result is un- questionably, as the table shows, in favor of No. 5 or Bellevue route. "But if the terminus is to be necessarily at Omaha, it is equally clear that of the routes running west- ward from that city the best is route No. 4, or that which the company have proposed and pledged themselves to build. "In the foregoing comparison I have introduced the line of route No. 5, terminating at Bellevue. It might be deemed irrelevant to have done this, as my instructions were to give all the facts bearing on the question of the most direct and practicable route west from Omaha, and my opinion on the subject. But still, the fact is apparent to any one conversant with the topography of the country about Omaha and Bellevue or who will examine the map and profiles accompanying this report, that the pres- ent ^ necessitated and proposed route No. 4, bending, as it does, toward and within three miles of Belle- vue, must eventuate in a change in the terminus of the railroad and site for crossing the Missouri river from Omaha to Bellevue. It must do this for the reason that the suggested line running down the valley of the Papillion, and connecting No. 4 or Mud creek route with the valley of the Missouri river at Bellevue, affords an easy, practicable grade of 20 feet to the mile ascending westward, and of 30 97 foot grade throughout, off-setting the esti- mated saving west of the point of divergence. "It must also be stated that the full advan- tage of the lower grade on the new route will not be realized until the change alluded to in the last paragraph shall have been made. Without this change there is still near three miles of high grade, ascending westward from 61 to 66 feet per mile, to be overcome, miti- gated somewhat in its inconvenience by being at the beginning of the road, where assistant engines can at all times be in readiness." Mr. Seymour, in his ardor to serve Durant, gratuitously undertakes to put his strenuous feet ascending eastward; is shorter than^No. 4, and terminates at a point on the Missouri river bottom where there is a better site than at Omaha for the depot buildings, work and machine shops of the road, and a more feasible crossing for the costly drawbridge contemplated by the act of Congress, and which must eventually be thrown across the Missouri to connect with the Mississippi and Mis- souri River R. R. already located down the Mos- quito creek, on the opposite side of the ^Missouri. "By looking at the map you will notice that the Missouri, striking against the west bank of the river just above Omaha, at right angles, impinges on it with the whole force of the current, and then is re- flected southwardly in a more or less straight line along the front of the city. The effect of this (and it is now occurring) is to erode the left bank at D, and as there is a partial slough or stretch of low ground extending along the bend at the foot of the bluff, there is a threatening contingency that this whole river bottom in front of the city will sooner or later be carried away by the force of the current, particularly as it is subject to an overflow in high freshets of several feet. "This bottom, then, can be no secure foundation for the expensive depot buildings, machine and work shops,, which would be required at the terminus of the road. "At Bellevue on the contrary, the river making no such considerable bend, but impinging against the high bluff, and passing thence in a comparatively straight and narrow channel, there is no such threat- ening contingency ; besides, there is a better prospect on this account of securing, as before stated, a per- manent channel through the drawbridge. "The distances across the river, as given me by Mr. Ainsworth, who was directed by me to measure them, are as follows: At ferry at Omaha ......................1,150 feet At ferry at Bellevue ..................... 900 feet At trading house at Bellevue.............1,500 feet "At Bellevue there is a rock foundation for the bridge for about half the distance, if not entirely across the river, and rock suitable for the bridge crops out in the immediate vicinity of the site. "At Omaha there is also said to be a rock bottom for the foundation of the bridge for about half the distance and possibly entirely across the river, but at the time I examined the site the river was so high as to prevent me seeing it. "In addition to the foregoing, it may be also said in favor of the Bellevue route, No. 5, that, with equally as good if* not better grade, it shortens the98 HISTORY OF superior in an attitude toward the proposed change which he refuses to assume. In his letter to Simpson1 Seymour says: "It may also be proper to state in this con- nection that Mr. T. C. Durant, vice-president, never to my knowledge, advocated the change in location, either in or out of the board of directors. On the contrary, he seemed to be reluctantly forced into a passive assent to the change by the weight of the argument in its favor, and the judgment of the government directors, together with the advice of Mr. Usher, then Secretary of the Interior, who happened to be in the office of the company when the matter was under discussion, and represented to the board that the President, Mr. Lincoln, would undoubtedly favor the change. "The matter, however, was never submitted to Mr. Lincoln for his approval before his death, nor was it officially laid before the In- terior Department until the day fixed for the retirement of Mr. Usher as secretary."2 In the early part of February, 1865, the peo- ple of Omaha and Council Bluffs became greatly alarmed over indications and rumors that the terminus of the road would be changed to Bellevue, and on the 3d of Febru- ary Augustus Kountze, of Omaha, telegraphed connection with the Mississippi and Missouri rail- road route more than two miles, as follows: ROUTE length length of connection Total distance from common points on M. & M. road to point C, Elkhorn valley. Miles Miles Miles No. 1, la, lb, 2. 22.72 8.40 31.12 No. 3........ 31.44 8.40 39.84 No. 4........ 30.76 8.40 39.16 No. 5........ 27.66 6.30 33.96 "In this connection, I respectfully refer you to the following extract from the report of Mr. P. A. Dey, to be found in the report of the organization and proceedings of the Union Pacific railroad company. Mr. Dey, who made the preliminary surveys for the company, speaks as follows of the Bellevue route: " 'The line from Bellevue, though between five and six miles longer than either of the northern ones, has lighter grades, and presents less difficulties of construction than either of the others, making in the main, an uniform ascent from the Missouri to the summit of the Elkhorn. For cheapness of con- struction and operating this is, without any ques- tion, the most desirable line/ "Situated as I am, an officer of the engineering corps of the army, sent out by the President to re- port facts bearing on the best interests of the coun- try at^ large, without partiality, fear, or affection, and with no interest to subserve, but to do my duty to the best of my ability, I would* be derelict in my NEBRASKA Durant as follows: "Citizens here will fill all , agreements in relation to right of way and do- nations except a very few, particularly if as- sured by you that change of location to Sarpy county will not prejudice the interests of Om- aha in regard to eastern counties. Can you give such assurance?" To this Mr. Durant replied: "The line has been changed to avoid heavy grades, not with intention of interfering with terminus." But Enos Lowe and Dr. Gilbert C. Monell, as a committee representing the citizens of Omaha, in their statement to Colonel Simpson say: "These high grades on which he proposes to build the line as first located are not the grades determined by Mr. Dey, and contracted for at $50,000 per mile, but a maximum grade of 116 feet to the mile. The latter alternative was stated by Colonel Seymour, the consult- ing engineer, to a committee of inquiry in Council Bluffs, and also to this committee. In other words, unless Congress would com- pensate for the 9 miles of curvature he would comply with the charter and build the straight line from Omaha, but on such a grade as to render it useless. This end was to be attained, as we are also informed, by extending his 9-mile curvature to Bellevue. Buildings such as are usually erected at the terminus were to office did I blink these important facts, which are so apparent to all who have any knowledge of the topographical features of the. region of which I am treating; and although these views conflict with the order of President Lincoln, fixing Omaha as the initial point of the road, yet, as railroads will al- ways eventually be located where the inexorable features of topography indicate the best channels for enterprise and trade, it certainly would be best for the people generally, the government, the citi- zens of Omaha, and the railroad company, that the change of place of crossing the river should be made at once rather than at some future time, when it could not be effected except at the sacrifice of all the accumulated capital that had been invested in Omaha on account of the road. On this point I fully con- cur with Messrs. Lowe and Monell, committee on the part of the citizens of Omaha, when they say, in their communication addressed to Hon. Springer Harbaugh, government director, and myself, remon- strating against any change in the original location of the road, that " 'If Omaha is not entitled to the initial point as located by President Lincoln, or if the fixed line of direction west can be so changed as to render the initial point useless as a terminus, let the permanent change of terminus be made at once.' "Again: 'If we must lose the promised advan- tages of this road, let us lose them now, but if retained now, let it be fixed beyond change, without good and sufficient cause.'" 1 Aug. 29, 1865. 2 Simpson's Report, p. 42.THE PIONEER RAILWAY OF NEBRASKA be erected twenty miles west of Omaha, near the Elkhorn river, at which place he proposed to divert the great national highway of the nation from its central connections to be a side feeder to his own schemes. Even yet wishing to reconcile this matter if possible Mr. Durant was again addressed as follows: 'If the new route is made, will you go on with building at Omaha, and make this the only point of crossing the river? If so citizens of Omaha will aid you on the new line/ He replied: 'We will consult the interests of the road whether citizens of Omaha aid us or not. We have had enough interference. You will destroy your last chance for a connection. The line west will do you no good. I can connect the Mississippi and Missouri with the Cedar Rapids road and run to De Soto for a million dollars less than go to Omaha.' "Owing to some mismanagement, the freight agent of the Pacific road at Omaha had been informed that the boats loaded with iron had left St. Louis for Omaha, and to receive the freight. Having no notice of any change of intention, he could not receive at Bellevue or pay freight there. It was conse- quently landed at Omaha, and the construc- tion of the road is now apparently commenced here. In view of this whole procedure we can see nothing but a covert design to change the terminus for speculative purposes." Then the committee's statement proceeds: "Shortly after this, however, works con- tracted for here were suspended, and prelim- inary steps taken to remove the same to Bellevue. Boats loaded with iron, on their departure from St. Louis, were ordered to land at Bellevue. Mr. Durant was again addressed and informed of our increased alarm, and assured that we would not oppose the new route if work was resumed at once here, and we could have his promise of its performance." On the 6th of September, in a letter to Simp- son and Harbaugh, Durant replied to this aggressive attack with a bold, defensive broad- side. At the dictate of necessity, which knows no law, he undertook to wholly discredit Dey, 1 Jacob Edward House, Omaha, Neb., son of George and Abigal (Neuinhuffer) House, was born in Oneida county, N. Y., Jan. 1, 1832. He was edu- cated in the public schools and a seminary, and when only twenty years of age was engaged in the construction of the Erie canal enlargement. # In May, 1853, he entered the service of the Mississippi & Missouri R. R. Co., now known as the Rock Island, with which he remained until 1859. He then en- gaged in farming until 1863. Mr. House perma- his former engineer, and his work: "Let me ask you, who have examined the ground and have all the facts, how can a man with ordi- nary sense expect a corporation to place any reliance upon his statements, or the least con- fidence in his ability, who deliberately makes a report to his employers so utterly at variance with the facts as they actually exist, or look upon any of his opinions except with dis- trust?" He charges that Dey "was in the employ of interested parties in Omaha, labor- ing to thwart the honest endeavors of the company to do their duty"; and then he pro- ceeds to tangle himself up in statements quite inconsistent with the facts and concessions of Simpson's and Seymour's reports: "The object as really entertained, and pub* licly avowed by the company, was, by length- ening the line about g miles, to change the ruling grades from 8o to 40 feet per mile be- tween Omaha and the Platte valley. The sub- ject of a change of terminus has never been discussed or even suggested in the board of directors in connection with this subject; neither has it been alluded to in the report and recommendations made by the company's engineers. The surveys that have been made since the change was ^decided upon by the company have demonstrated that the new route is susceptible, at a very slight compara- tive expense, of being still further improved. Whereas it is deemed entirely impracticable, except at an expense which even the promo- tion of the private purposes and interests of the property-holders and citizens of Omaha that are represented by this committee would scarcely justify, to reduce the maximum grade upon the old location very much, if any below 80 feet per mile." In this lengthy statement Durant includes copies of telegrams which he had sent from time to time during the controversy. On the 1st of June, 1865, he telegraphs the following order to Jacob E. House,1 who was in charge of construction at Omaha: "Make arrange- nently settled in Nebraska in 1863, but had crossed the Missouri river as early as 1853, . and again in 1858-59. He became connected with the Union Pa- cific R. R., Oct. 12, 1863, and remained with the company until Nov. 1, 1869. He located the first 200 miles, had charge of the construction on 100 miles, and laid track on another 40 miles. He constructed the original Union Pacific shops in Omaha, and be- came acting chief engineer of the Union Pacific in 1866. In 1869 he was appointed chief engineer of theIOO HISTORY OF NEBRASKA ments for temporary track from Bellevue to junction without regard to grade, which can be changed when permanent location is made, secure place for saw-mill and Burnetizing ma- chine at Bellevue. Do no work north of junc- tion. We have no time to lose, and must commence at Bellevue as our only alternative to save enterprise/' On the same day he telegraphed to Edward Creighton of Omaha: "Omaha is all right. Mr. House has my reason for making the change, which I regret as much as you do. If Secretary Harlan insists upon old location we submit, but shall build from Bellevue first and finish line on old location thereafter, if Congress does not release us from it. We shall lose business on high grades, and must cross river elsewhere; consequently need no buildings at Omaha." On the 9th of June he sent to Mr. Creighton a message still more threatening: "Shall make no promises as to crossing the river. We had made our arrange- ments to build at Omaha. We have had enough interference. We shall consult the interests of the road whether the citizens aid us or not. I should recommend, however, that you do not oppose new location; for if old line O. & N. W., now the C., St. P., M. & O. line, which was built and operated to Sioux City, la. In 1881 he was appointed chief engineer of the Kansas and Ne- braska division of the M. P. R. R., and assisted in building the line from Omaha to Atchison, Kan. He resigned this position Feb. 28, 1883, and has since been engaged in private work. He was chair- man of the Omaha board of public-works for some time, and was county surveyor of Douglas county two terms. Mr. House is a democrat in politics, and is a member of the Congregational church. He was married Aug. 2, 1860, to Anna B. Thompson, of Oneida county, N. Y. They had three children, all of whom are dead. JMr. Durant's version of the controversy follows: "The laws of Congress require that one hundred miles of the Union Pacific Railroad between the Mis- souri river and the 100° meridian shall be completed within three years after filing by the company in the office of the Secretary of the Interior their assent to the organic law. "Their assent was filed on the 27th June, 1863; consequently the charter and organization might be forfeited unless one hundred miles are completed by June 27, 1866. "This and the knowledge of the difficulties to be overcome under the most favorable auspices in order to complete enough of the road this season to re- deem the pledge given those who had advanced the company means for the prosecution of the work, was in my mind when I telegraphed Mr. House that, 'We have no time to lose, and must commence at Bellvue as our only alternative to save enterprise.' is adopted, Cedar Rapids road will cross at De Soto and Missouri & Mississippi road will connect [with] that. The only chance to pre- vent this is a reduction of grades. It will cost one million dollars more to complete the road through Iowa, via Des Moines to Council Bluffs, than to build to Cedar Rapids. Your people and papers will destroy the last chance you have, for the terminus of our road at your place will not help you if there is no road to connect east. If any more obstacles are thrown in the way, we shall make application to the President to change the terminus." In reply (June 10) Creighton stated the Omaha ultimatum: "The people here will be satisfied with Mud creek route, if Bellevue movement is abandoned and permanent build- ings be erected here at once. Omaha must be the only point of connection with the Missouri river; without this there will be trouble." Durant then proceeded, in a fairly propiti- atory tone, to furnish from his point of view some very interesting history of the transaction.1 Mr. Durant also offered as a palliative a sort of noncommittal approval of Colonel Simpson's recommendation, and which was The original location between Stations 150 and 900 had been abandoned under the advice of Mr. Usher, then Secretary of the Interior, the government di- rectors, and the best engineering talent that could be found, and the materials for superstructure and equipment for eighty miles was being delivered rap- idly at Omaha: we were about ready to commence laying the track. The President of the United States, at the suggestion of Mr. Harlan, the Hon. Secretary of the Interior, had declined approving the new location until the whole subject could be examined and reported upon by a government en- gineer, to be detailed for that purpose. Some of the people of Omaha were throwing obstacles in the way of constructing the road upon the new location. "The company had no authority for building the road upon that location until the route should have been approved by the President; many of the land owners along the line were threatening to stop the work, and prosecute the company for trespassing upon their property. The company had incurred large obligations for money, predicated upon the completion of twenty miles of the road within a given time. What, under all these circumstances, was to be done? Were we to fold our hands and allow the company to be discredited, and the entire organization to be legally forfeited? Certainly not. Our only alternative seemed to be to organize a company under the general railroad act of Nebraska, by which to legalize our proceedings, and then lay a temporary track from the Missouri river, at or near Bellvue, to the intersection of the original location at Station 900, over which we could trans-THE PIONEER RAILWAY OF NEBRASKA IOI adopted as an alternative in the President's consent to the change to the Mud creek route: "This company has never claimed nor rep- resented that the amended location asked for embodies at the present time all the advan- tages that may be attained over the original location, as about three miles of the old line west of Omaha was embraced in the amended location on account of the work on the same having been nearly completed when the change was made, on which there is a maximum grade greater than 40 feet. They do repre- sent, however, and claim that the amended route, which is far superior with its present grade, is easily and at a very slight compara- port the necessary material for the track from that point westward into the Platte valley upon the main line of the Union Pacific Railroad, and thus 'save the enterprise/ and at the same time maintain the credit of the company. "This was the cause of the Bellvue alarm, about which so much is said in the communication of the committee. The idea was abandoned for the time, and work resumed and material sent to Omaha upon the assurance of the honorable Secretary of the In- terior that no time would be lost in bringing the matter before the President of the United States for his final decision, and the fact, ascertained by careful examination, that the work on the proposed line had so far progressed, that it was cheaper to complete the grading to a point where a line from the Missouri river at Bellvue would intersect, than to grade for a temporary road from that point to the river. Should the decision of the President be ad- verse to the new location, it will, for the reasons above stated, still be necessary to resort to the ex- pedient of a separate organization for that portion of the road east of the point of junction with the old location. "It was in view of this contingency, and the final results that I foresaw would most naturally flow from it, that I endeavored, with all the force and earnestness at my command, to impress upon the people of Omaha that their position as the perma- nent terminus of the road depended upon the prompt adoption by the President of the route with the low- est ruling grades, and that their opposition to this route was a source of great embarrassment and de- lay to the work, and would, in all probability, en- danger the future welfare of the place; but I could not pledge the company upon so important a matter as the only m place its road should cross the river. These warnings and remonstrances, however, have all been disregarded, and in return for them I have received nothing but misrepresentation and abuse. "Whatever the result of the agitation of this sub- ject may be, therefore, upon the future welfare of Omaha, I feel that the citizens through their repre- sentatives, and not myself, will be justly held re- sponsible for. I did not advocate the change in the first instance, and only reluctantly consented to it, not from any want of conviction as to the propriety of the recommendations of prominent engineers, so far as the economical operating of the road was concerned, but from the firm conviction that the change would create an opposition from parties in- terested in private speculations, and thus bring about discussions, and perhaps delays, the latter of which might endanger the enterprise. tive expense susceptible of being still further improved so as to embody all the advantages claimed for it, while the original can never, within any reasonable limit of expenditure, be so far reduced in grade as to make it a desirable connection for the railroad east of the Missouri river. "By adopting the line recently surveyed by Mr. Ainsworth down the Missouri bottom a short distance and across to the Mud creek route, which can be done at a reasonable cost, trains going west will have only a maximum grade of 30 feet to overcome, while coming east can use the present descending grade on the first three miles west of Omaha, thus giv- ing all the advantages of a double track." "I believed then, and that belief has been fully justified, that it would be far better for the com- pany to construct a road on the old location, aban- don the same hereafter, and incur the expense of a new line to the Missouri river at Bellvue. As to the 'speculative purposes' with which I am charged, I can only say, that I do not now and never have owned, in my own right, one dollar's worth of prop- erty in the Territory of Nebraska. The interests of my friends, so far as they have any, that will be affected by the final decision of this question, are centered at Omaha and Council Bluffs, so that my personal sympathies, so far as they could be exer- cised without prejudice to the interests of the com- pany, have always favored every measure that would be likely to promote the welfare of those localities. "It was proposed that the citizens of Omaha should donate to the company the right of way and a suitable site for depot buildings and machine shops. "This, however, has not been done only in part, and a portion of the land so donated is unsuitable for the purpose and of little value, or is so situated that the cost of rendering it fit for the purpose of the company would exceed that of purchasing land more suitable." Referring to the adoption of the original line he goes on to say: "This, you will perceive, was done at a time when we had every reason to suppose that, the route adopted by the company, and approved by the Presi- dent of the United States, was really the best and most practicable route for the road between Omaha and the Platte valley. "The case now stands quite differently; a much better route for all parties in interest has been dis- covered, that admits of much improved grades be- tween Omaha and the Platte valley, and it is also ascertained that if the business of the road should hereafter require a further reduction of grades as- cending westerly from the Missouri river, in order to accommodate the great preponderance of trade in that direction, a branch of three or four miles in length may be constructed down the Papillion to the Missouri river, which will reduce the maximum grade ascending westerly to twenty feet per mile over the entire distance, from the Missouri river to the eastern base of the Rocky mountains." Of the grades of the original route Mr. Ducant has this to say: "The charter of the company requires that 'the grades and curves shall not exceed the maximum grades and curves of the Baltimore and Ohio rail-io2 HISTORY OF The Omaha Republican/ in the course of a column of excited comment on the report that the company had issued orders to remove all workmen and depot buildings from Omaha to Bellevue, said: "The charter of the company provides that the initial point of the road shall be fixed by the president of the United States 'from some point on the western boundary of the state of Iowa,' and that the line of road 'shall run thence west on the most direct and practicable route to be approved by the President of the United States to the iooth meridian of west longitude.' The President fixed the initial point in Iowa 'opposite section 10, township 15 north of range 13, east of the 6th principal meridian, in the territory of Nebraska.' This point is about one mile north of the foot of Farnham street." The Republican then relates that the com- pany proceeded to locate its line from 'this initial point west to the iooth meridian, and then, in accordance with the law, the Secre- tary of the Interior immediately withdrew the public lands fifteen miles on either side of this line from sale or preemption. Then the com- road'; these are grades of 116 feet per mile, and curves of 400 feet radius. The lines reported upon by Mr. Dey between Omaha and the Platte valley were all very expensive and undulating on account of their running over the swells and divides of the country instead of around them; the one selected, however, was found to be adaptable, at a great ex- pense, to a maximum grade of 80 feet per mile, and the grade was adopted at the commencement of the work. The slow progress made in grading during the spring and summer of 1864 rendered it neces- sary in the fall to change these grades in some in- stances to 116 feet per mile, in order to insure the completion of the first one hundred miles within the time required by the charter; so that when the work between Stations 150 and 900 was suspended in January, 1865, some of the heaviest excavations and embankments were actually being constructed, with a maximum grade of 116 feet per mile. It was the intention ^ of the companv. however, to reduce the grades with gravel trains as soon as practicable after having complied with the requirements of the law, as suggested in the following letter of Colonel Sey- mour, written by my direction: . . . In view, therefore, of the great im- portance to the company and the public of extending the road as far as possible up the Platte valley dur- ing the next season, together with the very great difficulty in procuring labor at the present time, it is thought advisable, in the heaviest portions of the work on the first twenty miles, to adopt temporary grades with an inclination, if necessary in extreme ca^es, of 120 feet per mile, and also to excavate the cuts to the narrowest width that will admit of the safe passage of a train, and the convenient and eco- nomical prosecution of the work After this is done, NEBRASKA pany undertook to deflect the line so as to lengthen the distance ten miles to the Elkhorn river, but the President and Secretary refused to allow this change. On the 16th of June, 1865, the Republican reports thus: "Orders were received this morning from New York to resume work in every department of the Union Pacific at Omaha. We trust we have seen an end of the game of 'fast and loose.'" In its issue of August 4, 1865, the Republican avers, that the ox-bow deflection, increasing the distance nine miles in fourteen, would put $300,000 into the coffers of the company. On the 6th of September the same journal relates that P. W. Hitchcock and Joel T. Griff en, through J. M. Wool worth, their attorney, had applied to Chief Justice Kellogg, of the terri- torial supreme court, for an injunction re- straining the Union Pacific Co. from entering on land owned by them for the proposed construction of the ox-bow line, on the ground that it had already exhausted its rights by the first location. The court denied the writ, giving several evasive reasons, one of them that the company had good reason to and the track laid to the Platte valley, it is proposed, before the road is offered for the acceptance of the government or opened for the transaction of busi- ness, to complete the grading to the full width and present grades, with construction trains, by means of which it is believed it can then be done much more economically than now/ . . . "This company has never claimed nor represented that the amended location asked for embodies at the present time all the advantages that may be attained over the original location, as about three miles of the old line west of Omaha was embraced in the amended location, on account of the work on the same having been nearly completed when the change was made, on which there is a maximum grade greater than forty feet. They do represent, how- ever, and claim that the amended route, while it is far superior with its present grade, is easily and at very slight comparative expense susceptible of being still further improved, so as to embody all the ad- vantages claimed for it, while the original can never, within any reasonable limit of expenditure, be so far reduced in grade as to make it a desirable con- nexion for the railroad east of the Missouri river. By adopting the line recently surveyed by Mr. Ains- worth, down the Missouri bottom a short distance and across to the Mud Creek route, which can be done at a reasonable cost, trains going west will only have a maximum grade of thirty feet to over- come, while coming east can use the present descend- ing grade on the first three miles west of Omaha thus giving all the advantages of a double track."— (Letter of Thomas C. Durant in the Rept. Sec. In- terior, 1st Sess., 39th Cong., 1865-66, pp. 936-38.) 1June 9, 1865.THE PIONEER RAILWAY OF NEBRASKA believe that the new route had been approved by the President. It was in fact approved, conditionally, about two months later. The continuing misapprehension, misunder- standing, and misconception of the newer West by the older East is illustrated by a state- ment of the New York Evening Post that the change to the ox-bow route was recommended by the engineer of the company, "who, after exploration of the surrounding country, dis- covered a mountain pass a few miles to the south- ward of the first route surveyed, through which the road can be run,"1 meaning the road over the upland prairie to the historic Mud creek, pointed out in Colonel Simpson's recommenda- tion of route No. 4. In addition to the do- mestic embroilment about the starting point and the route of the road im- mediately from the river, in the latter part of 1865, the press of the territory, without regard to party, expressed great alarm lest the road should be en- tirely diverted to the Smoky Hill route, and statehood was urged for the sake of commanding political influence in Congress to further aid in averting such a calamity. 1 Omaha Republican, Oct. 0, 1865. 2James Webb Davis, son of George T. M. and Susan M. (Webb) Davis, was born Nov. 6, 1829, at Syracuse, N. Y., and died in South Omaha, Neb., Apr. 22, 1904. His ancestors were seafaring men, his father finally settling at Syracuse, where he lived for many years. Young Davis received his early education in the common schools, followed by a course at St. Louis University. He studied law and, for a time, practiced in Illinois. He then became a steamboat captain on the Ohio and Mississippi riv- ers. At the beginning of the Civil war he helped to organize a company, which was attached to the 49th 111. Reg., and he was commissioned quartermaster with the rank of captain. He later served on the staff of General Logan, and was promoted to be major. After the war. Major Davis became auditor in the Freedman's Bureau at Washington. During In the fall of 1865 the great project was again revivified by the intervention of the Ames brothers and the invention of the Credit Mobilier scheme; and while the new men and the new expedient must be credited with suc- cessfully performing the great task, they also must be held responsible for making the work known chiefly as a grievous public scandal. The Credit Mobilier was a construction com- pany organized by and of the stockholders of the railroad company. It met two indispensable conditions, namely, being a corporation its members were liable only to the amount of their subscrip- tion, while before it was resorted to the gigantic work had been under- taken by the dangerous partnerships then in vogue; and its stockhold- ers had the double chance of profiting by the con- struction of the road as well as by the value of the road itself. The detailed story of the participation of a large number of eminent members o f Congress in this Credit Mobilier speculation, and of their inability to wash their hands of the stains of the illicit manipulation of its shares distributed by Ames, may not be repeated appropriately the three years which he occupied that position he handled over $12,000,000, and upon a final auditing of his accounts there was found a discrepancy of only $7.50, which lie personally made good. He removed to Nebraska in 1868 and took a contract for furnishing the ties for the Union Pacific R. R. Omaha to Ogden. Associated with him in this gi- gantic enterprise were Messrs. Sprague, Durant, Duff, and Dillon. Great difficulty was experienced in securing funds with which to pay the men, and several times trains were held up by the laborers until their claims should be satisfied. Major Davis was a familiar character to the people of Nebraska for many years, and was known by every one in Omaha during the period of the construction of the Union Pacific R. R. He was a democrat in politics and was twice a candidate for Congress, first in 1874, when he was the greenback candidate, and was JAMES WEBB DAVIS 2 An Early Contractor on the Union PacificHISTORY OF NEBRASKA 104 on these pages, though our commonwealth was the main theater of the Union Pacific drama of which this Credit Mobilier incident was the most dramatic episode. On the highest ground traversed by the Union Pacific road commercial sentiment has reared a gigantic shaft in recognition of Oakes Ames's lofty achievement. He is thus judged by the business standard. In the report of the Poland committee of investigation, Ames is adjudged guilty of bribery of his fellow mem- bers of the House of Representatives, and his expulsion is recommended; on the records of the House his censure still stands, and it is tolerably certain that the grave opened prema- turely to cover his own sense of disgrace. He is thus judged by the standard of public ethi- cal sentiment. Much has been said in com- plete exculpation of Ames, and much also in palliation of his offense, but, from a proper ethical point of view, without avail. The ad- mitted circumstances of Ames's parcelling of blocks of Credit Mobilier stock among mem- bers of Congress absolutely precludes apology, and can not be explained away. But the splen- did defense of Ames, forensically speaking, by an eminent citizen of Nebraska—Andrew J. Poppleton—lends peculiar interest for Ne- braskans to this tragical episode of the build- ing of the great highway. The scholars and orators of those early days, who were chiefly confined to the members of the legal profes- sion, thought, studied, and spoke upon erudite themes, and their style was patterned after the classic masters of legal and general oratory. Since that time the universal currency or flood of literature and drama has necessarily accom- modated itself to the universal taste or ca- pacity, and so seems disproportionately light. Edmund Burke was the topic of one of Mr. defeated by Lorenzo Crounse, and again in 1878, when he was the nominee of the Greenback and Democratic parties and was defeated by E. K. Valen- tine. Major Davis' was reserved in manner, thor- oughly conversant with current events, a ready de- bater, and was apt at repartee. He was regarded by his friends and acquaintances as competent, hon- orable, and trustworthy. The last few years of his life were spent in comparative retirement. For eleven years previous to his death he was employed as sanitary inspector of cars at South Omaha under Dr. Ayers, chief of the bureau of animal industry. Two years previous to his death he wrote the fol- Poppleton's public lectures, and this defense shows the influence of that master of eloquence upon his style. The defense is also pervaded with the most skilful insinuation of the mar- tyrdom of the accused—that the extraordinary end sought involved or justified extraordinary means for its accomplishment—-which is a re- minder of the pleas in behalf of Warren Hastings and Lord Clive. George Francis Train, who had been every- where, and with quick but erratic vision had seen everything, had learned of the prodigies in "promotion" performed by the Credit Mo- bilier of France, which was chartered in 1853. In 1864 Train acquired the charter of the Pennsylvania agency, and, building better than he knew along the line of consistency, had the name changed to "The Credit Mo- bilier of America." The subsequent career of the original was utterly ruinous, and its ways were as devious and scandalous as those of its namesake. Stockholders in Durant's construction com- pany exchanged their shares for Credit Mo- bilier stock according to the amount they had paid in ; and the holders of the $2,180,000 Union Pacific stock were allowed to take Credit Mobilier stock in exchange for it, according to the amounts paid in. The Hoxie contract, covering the 247 miles to the 100th meridian, was assigned to the Credit Mobilier, and Du- rant made a contract with one Boomer—an irresponsible though remarkably appropriate name—for the construction of 153 miles west of the 100th meridian, at $19,500 a mile to the crossing of the Platte, and $20,000 a mile be- yond that point. When the Union Pacific di- rectors undertook to pay the Credit Mobilier for fifty-eight completed miles of this road, at the rate of $50,000 a mile, Durant protested lowing epitaph which he desired to have placed on his tombstone at all hazards: "Twilight is the death of day, Life is a funeral or a play; A constant struggle for a crust— Earth to earth and dust to dust." Major Davis left home Apr. 19, 1904, and his body was found three days later near the Union stock yards, South Omaha. The coroner's jury de- cided that he came to his death as the result of strychnine administered by his own< hand.^ He left a widow and one son, Douglas, residing in Omaha.THE PIONEER RAILWAY OF NEBRASKA against the swindle, and an injunction from a New York court finally prevented it. Then the directors made a contract with John S. M. Williams for the construction of 268 miles westward from the 100th meridian, at the rate of $50,000 a mile, and again Durant enjoined its performance. The Hoxie contract was com- pleted to the 100th meridian by October 5, work within thirty-seven miles of the west boundary of Nebraska. About this time the New England faction, led by the Ames brothers, forced Durant out of the Credit Mobilier directory, and Sidney Dillon was elected its president in place of Durant. In August, 1867, the differences be- tween the factions were compromised, and the DRIVING THE I.AST SPIKE AT PROMONTORY, MAY 10, I8601 Engraving furnished by E. I*. IyOmax, General Passenger Agent Union Pacific Railroad 1866, and by August 16 of the next year 188 miles more were completed, thus carrying the 1 "The 'driving of the last spike' was simultan- eously announced by telegraph in all the large cities of the Union. Telegraphic inquiries at the Omaha office, from which the circuit was to be started, were answered: 'To everybody, keep quiet. When the last spike is driven at Promontory Point, we will say "Done." Don't break the circuit, but watch for the signals of the blows of the hammer.' Soon followed the message from Promontory Point, 'Al- most ready; hats off; prayer is being offered;' then, 'We have got done praying. The spike is about to be presented,' and 'All ready now. The spike will soon be driven. The signal will be three dots for the commencement of the blows.' The magnet famous contract with Oakes Ames was made for the construction of 667 miles west of the tapped — One —-Two—Three—then paused—'Done !' Wires in every direction were 'hot' witli congratu- latory telegrams. ... In San Francisco . . . the booming of cannon and the ringing of bells were united with the other species of noise-making in which jubilant humanity finds expression for its feelings, on such an occasion. ... At the east- ern terminus in Omaha, the firing of a hundred guns on Capitol hill, more bells and steam whistles, and a grand procession of fire companies, civic socie- ties, fraternities, citizens, and visiting delegations from surrounding places, cchoed the sentiments of the Californians."—(John P. Davis, A.M., The Union Pacific Railway, pp. 155-56.)IC6 HISTORY OF iooth meridian, and which gave Ames the option of extending it to Salt Lake. Under this contract and a subcontract with James W. Davis for the remainder beyond the limit of 667 miles, the great work was completed to the meeting at Promontory, May 10, 1869.1 It is impracticable to ascertain accurately the profits which the Credit Mobilier, the real builder of the Union Pacific road, realized on its work, buj: they were probably not less than $16,000,000—more than 25 per cent; nor, con- sidering all the circumstances, should it be said that this profit was too large. It can only be said that if the federal government and the 1 "Construction on the western part of the road was pushed with unprecedented vigor, winter not being allowed to stop work. There were several reasons for haste. Public opinion, which the gov- ernment directors voiced, urged it. To put capital into the road and postpone its productiveness by not opening it into traffic until 1875, the limit set by the act of 1864, would have crushed the company under the accumulation of interest. . . The Salt Lake business and 'a governing point' for the traffic of that region was a prize to be gained only by rapid work. Late in the construction period the desire to meet the Central Pacific as far west as possible be- came a motive. So the work was done with mar- velous speed. Four or five miles of track were laid per day, and items of expense which should have been $600 per mile were made $1,500 instead. By such methods the Union Pacific and the Central Pacific were joined May 10, 1869. This saving of six years of the time allowed by the law for com- pleting the road doubled the cost to the builders. By increasing the working force the chance of acci- dental delays was increased, and the costliness of such delays likewise increased. Just before the Ames contract was let the Union Pacific was obliged to borrow money in New York to use on the road, for which it paid 18 or 19 per cent. By pushing the road out beyond the bounds of civilization and not waiting for the slower pace of the settler, it often became necessary for one-half the force to stand guard while the other half worked. Hundreds of workmen were killed by the Indians. Thus far the managers of the enterprise were responsible for the increased cost; they could have avoided it by adopt- ing a different policy. But there were other items of needless cost which they could not avoid. For these the government alone was to blame. The re- quirement that only American iron be used on the road increased the cost $10 for every ton of rails laid. An incident, typical rather than intrinsically important, is that of two government directors who insisted that a cut should be made through each rise in the Laramie plains, giving the track a dead level instead of conforming it to the profile of the ground. As snow blockades made it necessary to refill these cuts later, there was a waste of from $5,000,000 to $10,000,000. At the crossing of the North Platte, machine shops were called for which cost perhaps $300,000. To the company they were not worth three cents. Another of a worse sort concerned a govern- ment commissioner, Cornelius Wendell, appointed to examine the road and report whether or not it met the requirements of the law, who flatly demanded NEBRASKA company had been capable, economically and morally, of properly performing their duties, there would have been a great saving of cost in money and in the good name of all concerned. "To him who studies the construction of the first Pacific railway in the light of present methods of railway building, the men who put through this great enterprise seem immeas- urably extravagant if not corrupt. Those who suffered from their manipulations of the lead- ing railway properties of the West are pretty sure to call them corrupt. But to him who looks at the railway history of the country as a whole, the building of the first railway to $25,000 before he would proceed to perform his duty. As a considerable section of road awaited accept- ance, and as acceptance must precede the drawing of subsidies, his demand was paid in the same spirit in which it was made—as just so much blood money. Such results were bound to follow when the gov- ernment made its power to appoint commissioners a means of distributing political patronage."— (Henry Kirke White, History of the Union Pacific Railway, p. 33.) "By Jan. 1, 1867, the road was finished and oper- ated to a point 305 miles west from Omaha. In 1867, 240 miles were built. The year 1868 produced 425 miles; and the first four months of 1869 added the 125 miles necessary to complete the road to its junction with the Central Pacific at Promontory Point. Work on the Central Pacific had been com- menced at Sacramento more than a year before work had been begun on the Union Pacific at. Omaha, and by the time the first 11 miles of the latter had been completed, the former had attained a length of 56 miles, increased by Jan. 1, 1867, to 94 miles. In 1867, 46 miles were built; in 1868, 363 miles were added; in 1869, the remaining 186 miles were cov- ered, and Promontory Point was reached. The Union Pacific had built 1,086 miles from Omaha; the Central Pacific had built 689 miles from Sacramento. "The natural obstacles presented by the moun- tains and desert land, the absence of timber on the prairies, of water in the mountains, and of both in the alkali desert, had made the work exceptionally difficult and expensive. The Central Pacific, though under the necessity of getting its iron, finished sup- plies, and machinery by sea, via Cape Horn, or Pan- ama, had the advantage of Chinese coolie labor and the unified management of its construction com- pany; while the Union Pacific, having 110 railway connection until Jan., 1867, was subjected to the hardship of getting its supplies overland from the termini of the Iowa railroad or by the Missouri river boats, and had to depend on intractable Irish labor and the warring factions of the Credit Mo- bilier. The Sierra Nevada furnished the Central Pacific all the timber needed for ties, trestle work, and snow sheds, but the Union Pacific had little or no timber along its line, except the unserviceable cottonwood of the Platte valley, and many boats were kept busy for a hundred miles above and below Omaha on the Missouri river in furnishing ties and heavy timbers. Both roads were being built through a new, uninhabited, and uncultivated country, whereTHE PIONEER RAILWAY OF NEBRASKA the Pacific appears as a mere episode, to be measured by quite different standards. Such an one will, of course, regret that extravagant and questionable methods were used, but he will not visit upon the managers of this work unqualified condemnation, as so many have done/'1 The Omaha newspapers of the construction period advise us from time to time of the progress of the work and also as to the rising or falling fever of public hope and fear. The Republican of May 13, 1864, says that "the work of grading is steadily progressing from this point west and ties are being rapidly got- ten out, along the line." This is the very beginning. On the 12th of August the same paper notes that several hundred tons of iron have arrived at Quincy for the Union Pacific; that Williams, the contractor, is grading in Douglas county, and that ties are being pre- pared, and there will soon be enough to lay track on to the Elkhorn. Soon came the vexatious delays until the following spring. On the 5th of May, 1865, the Republican an- nounces that heavy work on the first 100 miles is confined to the section of 26 miles to the Elkhorn river; that the first 5 miles of grad- ing from the foot of Farnam street is nearly completed, and that grading will be completed over the first 18 miles by July 1, and to the Elkhorn river by August 1. "The company have determined to use 'burnetized' Cottonwood for ties on account of the scarcity of hard wood in Nebraska, until the western portion of the country is reached, where red cedar can be obtained." One steam sawmill had been in operation in Washington county, fourteen miles north of Omaha, for nearly twelve there were no foundries, machine shops, or any other conveniences of a settled country. The large engine used in the Union Pacific railway shops was dragged across the country to Omaha from Des Moines. As to labor, twenty-five thousand men, about equally divided between the two companies, are said to have been employed during the closing months.of the great work. Several thousand China- men had been imported to California for the ex- press purpose of building the Central Pacific. On the Union Pacific, European emigrant labor, prin- cipally Irish, was mostly employed. At the close of the Rebellion, many of the soldiers, laborers, teamsters, and camp followers drifted west to gather the aftermath of the war in the similar work of railway construction. months, and 40,000 hardwood ties had al- ready been sawed there; three more mills would soon be in operation. At this time the nearest railway connection was the Chicago & Northwestern, at Boonesboro, 120 miles east. In his report of July 20, 1865, Springer Har- baugh, a government director, says there are 49,000 ties in sight, one-third oak and walnut and the rest cottonwood; 40,000 of these ties were on the river bank twelve miles above Omaha, waiting to be rafted down. It was proposed to lay 2,500 ties to the mile and four of hard wood to each rail. There was one mill at Omaha, one on the river twelve miles above, and two sixty miles above, all sawing ties. In the intervening years dwellers upon the Ne- braska plains have come to hold our native groves in tender and almost sacred regard; and though lapse of time and consideration of the difficulties under which they wrought have somewhat softened harsh judgment against the builders of the Union Pacific road, yet the de- struction of our finest forests—and especially of our precious hardwood trees—in the Mis- souri valley will always be resented as an act of vandalism which no exigency such as they might plead could excuse or palliate. The first rail of the Union Pacific, and so the first railway track in Nebraska, was laid at the Omaha end of the line July 10, 1865; and on the 22d of September the Republican reports that 10 miles of track had been laid and that it was going down at the rate of a mile a day. There were on hand, also, 80 miles of iron, 4 locomotives, 30 platform cars, 4 or 5 box freight cars, several passenger cars, spikes, switches, etc., "received from below." The construction of machine shops and other "The work was military in character, and one is not surprised to find among the superintendents and managers a liberal sprinkling of military titles. The work was in many respects only an after-chapter of the Rebellion, added by Columbia, 'to bring her work down to date/ The surveying parties were always accompanied by a detachment of soldiery as a protection against interference by Indians. The construction trains were amply supplied with rifles and other arms, and it was boasted that a gang of track layers could be transmuted at any moment into a battalion of infantry. And assaults on the trains by the Indians were not infrequent."—(Davis, The Union Pacific Railway, p. 139.) 1 White, History of the Union Pacific Railway, p. 53,io8 HISTORY OF NEBRASKA buildings at Omaha had been begun. This may be regarded as the modest first equipment of the then greatest railway enterprise of the whole world. Bridge timber already framed for the first 100 miles—between Omaha and the Loup Fork—was on the ground. The AMES MONUMENT1 grade was to be finished to Columbus in 30 days after the date last named. On the 6th of January, 1866, the three commissioners ap- pointed by the President of the United States, according to the act of Congress, examined and accepted the first 40 miles of road. According to the contemporary newspaper account the passenger car used by the com- missioners on their trip of investigation was constructed in Omaha and was named the "Major General Sherman." The commission- ers were Col. J. H. Simpson, president of the board, Maj.-Gen. Samuel R. Curtis, and Maj. William White. Notwithstanding that, on ac- count of his erratic temperament, George Francis Train was kept in the background by the promoters and capitalists of the enterprise, vet his remarkable ingenuity, alertness, and activity commanded recognition; and on this occasion General Curtis is reported as saying in reply to a compliment to himself that Train deserved more consideration than he did. The Herald2 notes that, in a recent speech in Bos- ton, Train boasted that his friends had sub- scribed enough to control the company, and at an annual meeting, with his proxies, he had 'The Ames monument, erected to the memory of Oakes Ames, stands on a high point two miles south of Sherman, Wyo., on the Union Pacific R. R., 547 erased the names of fourteen of the biggest men in the country from the directory. According to a general and perhaps benefi- cent rule of compensation, men of unusually strong qualities or characteristics are apt to be endowed with corresponding weaknesses, and common among them is vanity. Not infre- quently the cynically practical captain of in- dustry loves and is influenced by flattery and cajolery, and according to Dr. George L. Mil- ler's estimate and treatment of Thomas C. Durant he was not an exception to this rule. While the Republican and citizens of Omaha feared treachery on Durant's part, and openly protested and inveighed against his devious ways, the Herald did not falter in its expres- sions of faith that all things, including Du- rant, would work together for the good of Omaha; but in season and out of season it fortified its faith by cajolery of the imperious arbiter of Omaha's fortunes. On the 20th of October, 1865, the Herald calls on everybody to assist "the first of living railroad men" and the "Great Manager" in getting ties for "the Great Road," and says that "fifteen mills are already at work in this section." O11 the 15th of June, 1866, the Herald stated that 1^4 miles of track were laid on the 9th inst., breaking the record, and it there- upon anoints Durant as "the Napoleon of railways." Courtesy of Alfred Darlow, Advertising Agent Union Pacific R. R. On the 13th of July, 1866, the Herald notes that the "Railway King" has a freight boat, Elkhorn, built in Pittsburg at a cost of $52,000 for the use of the Union Pacific company, which had brought the first two barges—Hero and Heroine—that ever navigated the Mis- miles west of Omaha. It was erected by Oliver and Fred L. Ames, at a cost of $10,000. 2 Mar. 2,1866.THE PIONEER RAILWAY OF NEBRASKA souri, laden with 3,600 bushels of coal and 900 bars of railroad iron. The barges were 25 feet beam and 125 feet long, and each could carry 200 tons in two feet of water. "The friends of the Missouri river," the Herald says, "should be grateful to Durant for having vindicated these mighty waters against the slanders of their traducers." On the 5th of October, 1866, noting that the commissioners were out with the officers of the company to inspect the thirty-five miles of the road just completed beyond the 205th mile post, the Herald exclaims: "Thus the great work goes on that satisfies the most crit- ical and astonishes old constructionists. The Napoleon of railroads still wears his crown!" On the 22d of June, 1866, the Herald, in stat- ing that the commissioners and Samuel B. Reed, superintendent of construction, with a party of Omaha men, went out on the 14th inst. to examine the first 100 miles of the road, boasts that they reached Elkhorn Station—31 miles—in 65 minutes, "notwithstanding that many cattle were found on the road, causing some delay." On the 2d of November, 1866, the Herald states that the Platte river i$ bridged at Cot- tonwood Springs. The bridge would be valu- able for taking over ties and telegraph poles and, not less important, would draw travel from Nebraska City. It passed over four chan- nels, three of which were shallow and filled in and securely "spiled." The fourth was 400 feet wide, with a swift current 15 feet deep. This was crossed by 20 pontoon boats, 25^ feet long, 5feet wide at the center, 2 feet 9 inches at the bow, and 3 feet 9 inches at the stern. They were overlaid with stringers 5 inches square which were crossed transversely with planks 2 inches thick and 13 feet long, making a roadway 13 feet wide. The Repub- lican of May 10, 1867, congratulates the trav- eling public because the track is laid to the Missouri river on the east side and passengers can now get directly on the ferry boat, missing the disagreeable staging from Council Bluffs. There was the same serio-comic season of bluff and bluster, of crimination and recrim- ination, over the location of the bridge across 109 the Missouri as there had been over the. loca- tion of the line. The Republican of July 24, 1867, replies to the Herald's statement that the Union Pacific bridge is to be at "Trains Crossing," three-quarters of a mile below the foot of Farnam street, that the initial point— in Iowa—is opposite sec. 10, and the south line of sec. 10 is at least one mile north of Douglas street. This initial point was fixed by the Presi- dent (1) because there is a rock bottom at that point from the Nebraska to the Iowa side of the river; (2) the channel ha;s not changed there since the time of the first settlement; (3) the company wanted the extensive river front for its business with steamboats. Early in the spring of 1867 Omaha city council appointed Oliver P. Hurford, Alger- non S. Paddock, Augustus Kountze, Ezra Mil- lard, and Francis Smith to go to New York and pledge $100,000 to the company towards securing the bridge at Omaha. In 1863 citizens of Omaha sought to settle— or re-settle in their own favor—the terminus question by giving right of way through the city, 500 acres of land along the river front for the company's shops, depots, and other buildings, and a gift of about 700 acres of out- lying land, in consideration of an agreement by the company to fix the terminus at Omaha. The consideration recited in the deeds to these lands made by many citizens was as follows: "In consideration of the location of the eastern terminus of the Union Pacific railroad at Om- aha City, Nebraska, within i1/^ miles of Far- nam street in said city, thence running west from said point towards the Platte valley." From this time until the formal settlement of the terminus question by the Supreme Court of the United States, in 1876, there was con- stant perturbation and fear on the part of the people of Omaha, and a chronic state of in< trigue and bickering among themselves as well as between themselves and the company. Bit- ter recollections of the animosities and recrim- inations of that period still survive, and they will linger only to be buried in the graves of those who entertained them. It does not seem that there was ground for reasonable doubtno HISTORY OF NEBRASKA of the intention of the act of 1862; for its very unreasonableness was consistent with that Iowa influence which, as we have seen, from the first had exploited Nebraska affairs in the interest of Council Bluffs, and less directly of the whole state, and this act is perfectly explicable in the light of preceding manipula- tion. Nebraska was still politically and com- mercially insignificant, and in this sense "with- out God and without hope in the world" ; while Iowa had a strong representation in Congress, formidable material progress to her credit, and was lined up surely and safely on the side of the dominant party. The only uncertainty lay in the Supreme Court's wide dis- cretion of "construction" and its facility in exercising it—or as Mr. James Bryce, with at least a tincture of irony, puts it, the "breadth of view" which characterizes that body. It was not at all likely that the court would unsettle this vested interest of Iowa, though Justice Bradley, in a short, crisp dissent, did insist that the whole Missouri river was ' 'the western boundary of Iowa," and that therefore, in law as well as in fact, Omaha was the eastern terminus. elusion was as follows: fair construction of the charter of the Union Pacific railroad company, which adopts that boundary as its eastern terminus, is, that the road was to extend from the Missouri river westwardly. The subsequent express author- ity to construct a bridge across the river, in my judgment, confirms this view of the sub- ject; and as a mandamus is a severe remedy, . I think it ought not to be granted in this case." This suit1 was begun in the name of Samuel E. Hall and John W. Morse, citizens of Coun- cil Bluffs, who asked for a mandamus to com- pel the Union Pacific Co. to operate its bridge across the Missouri at Omaha as a part of its railroad, by continuous trains, and at a mileage tariff on freight and passengers. Until the time of the decision of the suit the company had operated the bridge line as a distinct sys- tem and with separate trains. The case was decided on ap- peal to the Supreme Court of the United States, Febru- ary 28, 1876. The opinion of the majority of the court, is in part as follows: JOHN ROOT MANCHESTER' Late General Claim Agent U. P. R. R. His con- "But we do not dis- cover that the United States government or its officers ever acted upon the eastern terminus of the western shore of the "The Missouri river is, by common accept- ance, the western boundary of Iowa; and the 191-93 U. S. Supreme Court Reports, pp. 428-32. "John Root Manchester, late general claim agent Union Pacific R. R., Omaha, was born June 23, 1845, at Boonville, Oneida county, N. Y., whither his grandfather. George Manchester, had gone in 1799, from North Kingston, R. I., hauling his effects with an ox-team. Many years of George Manchester's life were devoted to clearing the wild country and reducing his portion of it to a fine dairy farm. In the War of 1812 he served as 1st lieutenant,' and after a life of prominence and influence in Boon- ville, spent his last years in comfortable retirement. John Manchester, father of George Manchester, was a leading citizen of North Kingston, R. I., and served as 1st lieutenant in the Rhode Island infantry during the Revolution. His wife was Mary Whit- man, daughter of George Whitman of North King- ston. George W. Manchester, son of George Man- the theory that the road was on river. The officers of the company asserted it for a time, it is true, but not in their prac- tical intercourse with the national government. Chester, was a farmer of Oneida county, N. Y. He married Sophronia Burgess, daughter of John Bur- gess, an early settler of northern New York. John Root Manchester, one of this family, grew up in Oneida county, attending district or select schools in winter and working on a farm the rest of the year, until 1861.. On Mar. 10, 1862, he enlisted in Co. A, 97th Regt., N. Y. Vol. Inf., which joined the army of the Potomac in the latter part of the same month. During the war he participated, with his regiment, in the following battles: Cedar Mountain, Va., Aug. 5, 1862; Rappahannock Station, Aug. 20- 23; Thoroughfare Gap, Aug. 27-28; Groveton, Aug. 29; Bull Run, Aug. 30; Antietam, Md., Oct. 16-17; Fredericksburg, Va., Dec. 11-15; Chancellorsville, May 1-5; 1863; Gettysburg, Pa., July 1-3; Mine Run, Nov. 26-Dec. 3; Cold Harbor, Va., June 1-11, 1864; White Oak Swamp, June 13; Petersburg, JuneTHE PIONEER RAILWAY OF NEBRASKA in Indeed, it never became a practical question until the bridge was erected; and from that time to the present the government has as- serted that the true terminus of the road was fixed on the Iowa shore. . . True, it [the bridge] is not opposite section 10; but the com- pany has taken up its road from that section, and it now comes to the river where the bridge is actually constructed. Having abandoned their road, so far as it extended above that point; having commenced their bridge where it is; having applied to Congress for power to mortgage it and for special power to levy tolls and charges for the use of it; and having obtained those powers, they are not at liberty now to assert that they have located it in the wrong place. There is nothing either in the act of 1862 or 1864, or in that of Febru- ary 24, 1871, which empowers them to build more than one bridge over the Missouri river for the Iowa branch; and the latter act con- tains an implied recognition of the right under the former acts to build their bridge on its present location. There is no intimation in it of a distinct franchise. It grants no power to build a bridge." A good illustration of the aptitude, of the technical argument for the Iowa side lies in the fact that the following part of the opinion of the court had been formulated, in substance, by the present writer before seeing the opinion in question: "But if Congress did not mean to require a construction of the railroad from the imaginary line which is the legal boundary of Iowa—namely, from the mid-channel of the river—they must have intended the initial point to be either on the Iowa shore or on the Nebraska shore. If the Nebraska shore was intended, why was !t not mentioned ? Why was not the west bank of the Missouri desig- nated, or why was not the eastern boundary of Nebraska fixed as the point of departure? 16-19 ; Siege of Petersburg, Welden Railroad, Aug. 18-21; Boydton Road, Oct. 8; Hatcher's Run, Oct. 27-28 ; Gravelly Run, Mar. 30-31, 1865; Five Forks, Apr. 1; Appomattox Court House, Apr. 9. From a private sixteen years of age, Mr. Manchester rose to corporal Oct. 22, 1863; sergeant major, Dec. 6, 1863; 2d lieutenant, Co. I, June 12, 1864; captain Co. I, Feb. 26, 1865. He was mustered out of ser- vice with the regiment July 18, 1865, at Bailey's Gross Roads, Va. The 97th New York has a record of 12 officers and 169 men killed, with a total of 704 killed and wounded, and 51 died in rebel prisons. In Aug., 1867, Mr. Manchester removed to Omaha and found employment with the U. P. R. R. as fore- :man of its lumber yard. In 1869-70 he worked in Still more, why was Iowa mentioned at all? or why was the initial point described as the western boundary of Iowa?" The Council Bluffs interests insisted on the strict, technical letter of the law. President Lincoln in his orders of November 17, 1863, and March 7, 1864, fixed the initial point of the road "on the western boundary of the state of Iowa, east of and opposite to the east line of section 10 ill township 15 north, of range 13 east of the 6th principal meridian, in the terri- tory of Nebraska." To meet this insistence on the apparently plain letter of the law Mr. Pop- pleton's brief on behalf of the company was necessarily specious, but it was a masterpiece of its kind. It presented a formidable array of illustrations of the truth of his contention that the officers and engineers of the company, as well as representatives of the government, had from the first treated Omaha as the initial point of the railroad. While the argument was so complete that it seemed to omit nothing that was relevant and useful to the company's cause, yet it was not burdened with an irrelevant contention or a superfluous sentence. It is true that the act of 1862 "required" the com- pany to construct its line as described, while the act of 1864 merely "authorized" it to con- struct a bridge. It is true, as Mr. Poppleton most forcibly and plausibly contended, that in adjusting the subsidies for the road, mileage was counted from Omaha as the initial point; that President Lincoln in his annual message of December 7, 1864, announced that, "The route of the main line of the road has been definitely located for 100 miles westward from the initial point at Omaha city, Nebraska"; and that the provision of the charter, that if the road should not be completed so as to form a continuous the county recorder's office, and in 1871-73 for the King Bridge Co. He was deputy county clerk and recorder of Douglas county, 1874-77; county clerk and recorder, 1877-81; claim adjuster, U. P. R. R., 1882-89; and general claim agent, U. P. R. R,, 1889 to 1906 when he retired. He is a republican in politics, and takes a prominent part in the social life of Omaha. He is a member of the Omaha club, the Royal Arcanum, Society of the Army of the Poto- mac, the Loyal Legion, and Grant Post, G. A. R. He was married Dec. 30, 1871, to Catherine C. Mc- Ausland of Omaha. Four children were born to them: Eva Farnsworth, wife of Wm. C. Metzger, Denver; George William, Omaha; Frank Paul, Omaha; and Mary Agnes, who died in April, 1901.112 HISTORY OF NEBRASKA line from the Missouri river to the California coast by the 1st of July, 1876, the whole prop- erty should be forfeited to the United States, did not contemplate that the beginning of the road was at Council Bluffs, or that the for- feiture might have been enforced upon such an assumption. But while this argument fur- nished plausible ground for the court to decide against the strict letter of the original law, if it had deemed it expedient so to do, yet it did not prove that the system of ferry boats which was operated between the technical end of the railroad line and the Iowa shore was not con- structively a part of the Union Pacific railway, or that when the company chose to, and did build its bridge in continuation of the first dc facto end of its line, that the bridge would not legally and logically become a part of the 'This car was constructed at the military car shops, Alexandria, Va., in 1864, in accordance with the ideas of President Lincoln, and for his especial use. It is ironclad, having armor plate set between the inner and outer walls, making it bullet proof. It was divided into compartments, the largest of which was used by the President as a study, a long sofa being adjusted into a bed for Mr. Lincoln at night. This car was generally used by the Presi- dent up to the time of his death, and in it his re- mains were taken to his home at Springfield for burial. The car was purchased by the Union Pacific R. R. Co. in 1866, and was for a time used as an officers' and directors' car, and later as a pay car. It has been exhibited at nearly all the great exposi- tions of late years, and was bought, in December, 1003, by Frank A. Snow for exhibition purposes. line and be regarded as the delayed completion of it to the technical initial point. During these years of controversy there was intrigue in plenty on both sides. Assuming that the bridge was to be built at Omaha and was to be a part of the Union Pacific line, as the court subsequently decided, and inasmuch as the company had recognized Omaha as the terminus and had acceptcd her bonus for the concession, as we have seen, the troubled city had plausible grounds for her contention—but nothing more. It was at most an open ques- tion, but the company had evidently pledged its faith to Omaha—if indeed it may be as- sumed that it had ever possessed anything of that sort to pledge. Two important documents show the attitude of Omaha towards the bridge question in 1868. The first is an ultimatum2 2"To the President and Directors of the U. P. R. R. Co.: "Gentlemen—Having been selected by the citi- zens of Omaha, Neb., as a committee to confer with you on the important question of the final location of the railway bridge at the eastern terminus or initial point of the Union Pacific R. R., and wishing to avoid any unnecessary consumption of your time by protracted conversations with the various mem- bers of your board or with the board itself, we have thought proper to present our views in pamphlet form. "It is claimed for the Childs' Mill location that, starting from the common point O, designated on map accompanying Gen. Dodge's report, a distance of 6% miles is saved over the proposed location at "f1—■V— «■!— mm—, in ■ itiotp ■ ! ■ THE FAMOUS " LINCOLN CAR"1 Engravingfroin a copyrighted photograph furnished by Mr. Alfred Darlow, Advertising Agent Union Pacific RailroadTHE PIONEER RAILWAY OF NEBRASKA 113 of the committee of citizens who were sent to New York to negotiate with the company. Dr. George L. Miller declined to act as a member of this committee. He insisted that the citizens had not kept faith with the road and were attempting to impose upon it an unjust condition subsequent to the original agreement. But at the urgent request of mem- bers of the committee he went to New York and pleaded, no doubt effectually, with Durant Upper Omaha crossing. This common point, it will be seen, however, is two miles southwest from Coun- cil Bluffs. Why establish the common point there, two miles south of the initial point of your road as 'fixed' by the President of the United States. . . It is not our purpose to discuss, in this paper, the le- gal questions involved in the proposed location of the bridge at Childs' Mill, and the subsequent virtual change of the initial point of the road as 'fixed' by the President of the United States, in pursuance of a provision of the original charter of the company, on the western boundary of the State of Iowa, oppo- site section 10, township fifteen, north of range thir- teen, east, in the Territory of Nebraska. That act requires that you construct your road from thence on the most direct and practicable route to the 100th meridian of west longitude. The President of the United States subsequently assented to a partial change in the route as located by your company from Omaha west. . . . Now, instead of locat- ing your bridge at the point fixed by the President . . . . it is proposed to go seven miles south of your initial point in the State of Iowa, and cross the river, thus leaving your terminus at Omaha without a single eastern connection—rendering worthless all of your Omaha property including machine shops, depots, &c.4 which has cost (independent of the do- nations you have received, $1,250,000, and losing the use of seven miles of your main track for all through travel and freights. . . . Against this proposed change, unwarranted as we are compelled to regard it, and involving pecuniary disaster and ruin to the people we have the honor to represent, we ent 44 10:40 44 4:45 44 109 Silver Cr'k. 81 7:45 44 2:00 44 12:20A.M. 6:20 44 131* .I,oneTree. 58* 6:10 44 12:20 44 2:10 44 8:10 44 153* Grand Isl'd 36* 4:35 44 10:50 P.M. 3:40 " 9:40 44 171* WoodRiver 18* 3:20 44 9:30 44 5:10 " 11:10 44 190 . Kearney. 2:00 " 8:00 44 1 first through passenger time table Thursday, August 23, 1866,1 o'clock p.m. The full-faced figures denote meeting places. Sam'l B. Reed, General Superintendent. — (Joseph Nichols, History Union Pacific Railway.) According to the above table the best time be- tween Omaha and Kearney was 16 hours and 10 minutes, while the best time now (1905) is 5 hours and 15 minutes. The fare , which was then $19 is now $5.68. 2 Augustus Albert Egbert was born in Warren county, N. J., Dec. 22, 1836. When about three years of age his mother died, and he was taken by his father to Michigan, where he went to live with relatives on a farm near Clarkston. Here he ac- quired his education in the district school, supple- mented by a course in "Clarkston Academy." Upon attaining his majority he came into possession of a small legacy from his mother, and with this as cap- ital he emigrated to Nebraska, where he arrived early in the summer of 1857. He invested his money in land near Omaha, and for two years made his home with the family of Joel T. Griffin, who had been his friends in Michigan. In the spring of 1859, accompanied by his brother, D. W. Egbert, who had come west with him as far as Iowa City, he started to drive across the plains to Colorado, but at Ft. Kearney the project was given up, D. W. Egbert returning to Iowa City and Augustus to Omaha. Soon after this he was employed by Edward Creigh- ton to drive a team to Denver, and was in Colorado124 HISTORY OF By September, 1867, the great highway had become progressive enough to announce that "on and after next Sunday" all trains, passen- ger and freight, would run on Sundays the same as week days.1 On the 20th of May, 1868, it was announced through the Herald2 that passenger fare had been reduced from 10 cents to 7V2 cents a mile. By this change the fare to Cheyenne, which had been $51.50, became $38.50.3 Among the earliest local officials of the Union Pacific R. R. after its formal inaugu- for about a year, when he entered upon railroading, which was to be the work of his life. He began about 1860, as brakeman on the C., R. I. & P. R. R. in Iowa, and was afterward employed by that com- pany as conductor until the fall of 1865, when he took a similar position with the Union Pacific R. R., being the second conductor ever employed on that road. When the construction of the road had reached Cheyenne, he was sent there as acting di- vision superintendent, and from that time until the last spike was driven at Promontory, May 10, 1869, he had charge as acting superintendent of the divi- sion under construction. On Aug. 24, 1869, he mar- ried Luthera L. Griff en, the eldest daughter of Joel T. Griff en, ,of Omaha. A few months later he was again employed by the C., R. I. & P. R. R., and in 1870 was made roadmaster of the B. & M. R. R. in Neb., when it had only four miles of track, residing at Plattsmouth and later at Lincoln. He left this road in 1874, when it was finished as far as Kear- ney. He then went to Topeka, Kan., as assistant superintendent of the A., T. & S. F. In 1877 he be- came division superintendent of the western divi- sion of the U. P. R. R. from Green River, Wyo., to Ogden, Utah, residing at Evanston, Wyo., until Jan., 1879,^ when he removed to Golden, Col., to take the position of superintendent of the Col. Cent. R. R., a tributary of the U. P. R. R. In 1880 his head- quarters were changed to Denver, where he was general superintendent of the Colorado division of 3 passenger tariff 0 NEBRASKA ration were: Webster Snyder, general super- intendent, soon followed by Samuel B. Reed, and later by C. G. Hammond; H. M. Hoxie, assistant superintendent; J. H. Congdon, gen- eral manager; S. H. H. Clark, general freight agent; Thomas L. Kimball, general passenger and ticket agent; T. E. Sickles, chief engi- neer ; and William Huff, master mechanic. The latter was succeeded by Robert McCon- nell, April i, 1867. The story of the develop- ment of this great pioneer railway of Ne- braska will be told in the next volume. the U. P. R. R., comprising the Col. Cent; R. R., Denver, So. Park & Pac. R. R., Denver Pac. Ry., Greeley, Salt Lake & Pac. Ry., Denver & Boulder Valley. Ry., Golden, Boulder & Caribon Ry., George- town, Breckenridge & Leadville Ry., Denver, West- ern & Pac. Ry. In 1884 he left the 'U. P. R. R., and removed from Denver to Omaha. After two years' rest he went to Dallas, Tex., as general man- ager for the receivers of the Tex. & Pac. Ry., re- turning to Omaha in July, 1886. In the spring of 1887 he platted an addition to the city of Omaha, which he named La Veta Place. Here he built the home which he occupied until his death. With the exception of a short connection with the electric line connecting Omaha and Council Bluffs in the capac- ity of superintendent he was never again actively engaged in any business. He served as a member of the board of public works under Mayor Cushing, and dealt more or less in Omaha real estate, but lived in practical retirement for the rest of his life. On the night of the 30th of Apr., 1895, he was killed by a burglar at his home, being shot through the heart, dying instantly. He left a family consist- ing of his wife, who still (1905) resides in Omaha, and four children: Alice, born Sept. 8, 1871; Albert Augustus, born Feb. 22, 1876; Mary, born June 5, 1878; and Luthera, born July 31, 1880. 1 Omaha Republican, Sept. 2, 1867. 2 Omaha Herald, May 20, 1868. union pacific r. r. July 16,1866. DISTANCE FROM OMAHA OMAHA 12U $1 25 PAPILLION 28M 2 85 $ 1 65 ELKHORN 4 65 3 40 $ 1 75 FREMONT 61^ 6 15 4 90 3 25 $ 1 50 NORTH BEND 75 ^ 7 55 6 35 4 65 2 90 $ 1 45 SHELl CREEK 91^ 9 15 7 90 6 25 4 50 3 00 $ 1 55 COLUMBUS 109 10 90 9 70 8 00 6 25 4 80 3 35 $ 1 80 SILVER CREEK 131 13 10 11 95 10 25 8 50 7 00 5 60 4 00 $ 2 25 LONE TREE 153^ 15 35 14 15 12 45 10 70 9 20 7 80 6 20 4 45 $ 2 20 GRAND ISLAND 171^ WOOD R1YER 190 ....... KEARNEY | 3 passenger tariff 0 union pacific r. r. July 16,1866. Omaha, July 16,1866. Sam'l B. Reed, —Joseph Nichols, History Union Pacific Railway. General Superintendent. Omaha, July 16,1866. Sam'l B. Reed, —Joseph Nichols, History Union Pacific Railway. General Superintendent.MORMONS IN NEBRASKA 125 CHAPTER IV THE MORMONS IN NEBRASKA ' I M. IE religious sect, self-styled Latter Day Saints, but commonly known as Mor- mons, arose in the state of New York in the year 1830. On account of their fanati- cal religious zeal and some of their tenets and practices, which where inconsistent or incom- patible with the civilization sur- rounding them, this peculiar peo- ple emulated "Little Jo" in the desire or necessity for moving o n . The principal body of them had drifted as far west as Mis- souri, where they had settled in com- parative isolation, in Caldwell, Clay, and Jack- son counties. Driven from this locality by hostile public opinion or prejudice, in 1840, they were at first welcomed to the neighbor- hood in Illinois nearly opposite the mouth of JOSEPH SMITH ! Founder of tiie Mormon Chu Engraving from an oil paiatin, the Des Moines river, where they founded the town of Nauvoo. After little more than five years spent in this haven, the latter of which were given to riotous troubles resulting in the assassination of the prophet, Joseph Smith, and his brother Hyrum, the "Great Patriarch," in January, 1846, the council of the church pro- claimed the inten- tion of the sect once more to move on, and this time to their final retreat at Salt Lake, beyond the great range of mountains, which were then an insur- mountable barrier to the advancing civilization of the plains. But be- fore this, Septem- ber 9,1845—it had been determined to send at once an advance party to the general rendezvous.1 The first detachment, comprising about sixteen hundred HYRUM SMITH rch Great Patriarch in the palace of Brigham Young 1 According to the History of Wyoming, by C. G. Coutant, a party representing the Mormons, and comprised of Oliver P. Gleason, New York, George Chatelaine, St. Louis, Miles Bragg, Jackson county, Mo., J. P. Johnson and Solomon Silver, Nauvoo, 111., and William Hall of Platte county, Mo., ar- rived at Ft. Laramie in the spring of 1846 en route to the Salt Lake valley, which they explored that summer under the guidance of O. P. Wiggins and Jim Beckwourth. Gleason made a map of the Salt Lake region, and the party returned to Ft. Laramie in the fall of 384R. ^Joseph Smith, founder of the Mormon church, was born in Sharon, Vt., Dec. 23, 1805. He was the third son of Joseph and Lucy Smith, who were the parents of six sons and three daughters. In his youth he was morbidly religious, but did not find an anchor in any of the then existing denominations. In the spring of 1820, while yet a boy, Joseph pro- claimed that he had been visited by an angel, who had disclosed to him the existence of certain golden plates engraved with an account of the early inhab- itants of this continent, and the gospel as delivered to them by Christ. These plates were delivered to Joseph by the angel with a key—the Urim and Thummim—which enabled him to translate the mes- sage which they bore. This he did secretly, with the assistance of Oliver Cowdery, evolving the Book of Mormon. Upon this foundation, Joseph Smith and five others organized the Mormon church at Fayette, N. Y., Apr. 6, 1830. The history of Joseph from this date to the time of his arrest and murder at Carthage, 111., June 27, 1844, is full of interest, and may be studied in detail in any of the numerous Mormon publications. Joseph Smith married Emma Hale, Jan. 18, 1827, and while Joseph was ordained an apostle of Jesus Christ and made "by the com- mandment of God, the First Elder of the Mormon church," his wife was in like manner styled "Daugh-£26 HISTORY OF men, women, and children, and including the principal officers of the church, started westward early in February, the main body following in detachments, at intervals; and during the spring months as many as 16,000 persons and 2,000 wagons were ferried across the Mississippi. These poorly equipped and provisioned unfortunates suffered indescribable hardships, which were increased by the un- usual severity of the winter. When spring had fairly opened, scarcely half the journey across Iowa had been accomplished. Portions of the emigrants settled on the lands of the Sac and Fox Indians, where they proceeded to develop farms and to erect log houses which were to serve .as camps for those who were to follow the pioneers. Other camps, some of them of a permanent character, were established along the route—at Sugar Creek, Richardson Point, Lost Camp, Locust Creek, Sargeants Grove, Campbells Grove, and Indian Town, Many remained at these places on account of the lack of means for proceed- ing, and some returned to the eastern states. As many as 12,000 were at Garden Grove, Mt. Pisgah, and in settlements west of these places. President Brigham Young, "with a number of prominent brethren," reached the Missouri river on the 14th of June, 1846, at a point near the present Council Bluffs. They camped in the hills until a ferryboat could be built. ter of God, Lady of Election." The Prophet was large of stature, standing over six feet in height and weighing 212 pounds. He was uneducated, but intelligent and witty. His chief sources of strength were his personal magnetism, his knowledge of hu- man nature, and his loyalty and kindness to friends. It is not believed that Joseph Smith practiced polyg- amy. IJis wife, Emma, who survived him, bore him four sons, of whom Joseph Smith, Jr., is the present head of the reorganized Church of Jesus Christ of Latter Day Saints, with headquarters at Lamoni, la. Joseph Smith, Jr., with two of his brothers, Alexan- der H. and David Hyrum, remained at Nauvoo after the exodus. A few years later he was urged to be- come the head of a number of Mormons, who had rebelled against the authority of Brigham Young. He at first refused, but in 1860 finally accepted the call as prophet, and began to preach the faith of his father, repudiating the claims of Brigham and the doctrine of polygamy. The "Josephites," as they were styled by the followers of Brigham, increased rapidly in numbers. The headquarters of the reor- ganized church was first established at Piano, 111., but later removed to Lamoni, la. Hyrum Smith, the Great Patriarch, an elder brother of the Prophet, was one of the six organ- izers of the Mormon church. He was named Great NEBRASKA The boat was launched on the 29th, and the next day the emigrants began to cross the river.1 The other companies, as they arrived from time to time, camped at Council Point, Mynster Springs, Rushville, and Traders Point. Though all beyond the Missouri was "Indian country" and forbidden to settlement or invasion by white men, these determined pioneers pushed westward, opening roads and building bridges across the Papillion and the Elkhorn for the passage of the main body. Some of these forerunners wrent as far a6 the Pawnee villages in the fall of 1846, and then proceeded to the northward, wintering near the mouth of the Niobrara river, where they received a friendly welcome from the Indians in that locality. They spent the winter in improvised shanties, some of cottonwood logs, but many of much less substantial and pre- tentious construction.2 The main body of the Mormons crossed the Missouri river by the ferry at Florence and by Sarpy's ferry at Traders Point. The principal camp was at Cutler's park to the northwest of the last named ferry. Here they entered into friendly relations with Big Elk, the noted Omaha chief, and obtained permission to re- main in that neighborhood for two years. By the end of the summer of 1846 upwards of 12,000 Mormons were in the camps on both sides of the Missouri river. Patriarch of the church, Jan. 19, 1841, to succeed his father. With his brother, Joseph, he was as- sassinated while confined in prison at Carthage, 111., June 27, 1844, and both were buried at Nauvoo, 111. 1 According to a recent statement of Wm. A. Gwyer, Washington, D. C., who claims to have had the story from the lips of Peter A. Sarpy, the first body of Mormons under Brigham Young crossed the Missouri river on Sarpy's ferry boat, about a week being required for the passage of the "men, women, children, cattle, horses, supplies and camp equipage." 2 The superintendent of Indian affairs at St. Louis in his report for 1846 (Ex. Docs., 1846-47, vol. 1) says that there were from 4,000 to 8,000 Mormons in Pottawattamie county at that time, and that many had crossed the Missouri river on their way to Grand Island "where they have made arrangements to win- ter." The Pottawattomies allowed another portion of them to winter on the Boyer river, and they be- haved well. It was reported from the Upper Mis- souri agency that 200 Mormons wintered at Ver- million opposite Niobrara, under President Miller, who was a very intellectual man. Most of his fol- lowers were from New England, and they built houses to live in during the winter.MORMONS IN Soon after the Mexican war broke out Gen- eral Kearny gave Captain James Allen au- thority to enlist soldiers among the Mormons, and he raised, in two weeks, a battalion of- five companies—"nearly 600 souls"; but this event delayed the start across the plains until the next year.1 At Ft. Leavenworth each soldier received a bounty of $40, which was largely used for relieving the extreme wants of the people in the Mormon camps. During the summer and fall of 1846 the camps wrere infected by a scrofulous or ma- larial disease which had been very fatal among the Indians during the previous year. As many as 600 of the Mormons died at the Flor- ence camp. The pestilence returned each sum- mer up to 1851, and invaded the camps on both sides of the Missouri river. The great camp on the site of the present Florence was called "Winter Quarters," and there some 3.500 of the emigrants spent the severe winter of 1846-47. By December, 1846, this magic village counted 538 log, and 83 sod houses, which were symmetrically ar- ranged along regularly laid-out streets. Brig- ham Young, the masterful director of this remarkable enterprise, described the village as follows: "The buildings were generally of logs, from twelve to eighteen feet long; a few were split and made from linn (linden or basswood) and cottonwood timber; many roofs were made by splitting oak timber into boards, called shakes, about three feet long and six inches wide, and kept in place by weights and poles; others were made of willows, straw, and earth, about a foot thick. Some of puncheons. Many cab- ins had no floors; there were a few dug-outs on the side hills—the fireplace was cut out at the upper end. The ridge-pole was supported by two uprights in the center and roofed with straw and earth, with chimneys of prairie sod. The doors were made of shakes with wooden hinges and a string latch; the inside of the log houses was daubed with clay; a few had stoves.'' 1 Guide to Route Map of Mormon Pioneers, p. 9. 2Heber Chase Kimball, apostle, second president of the Mormon church, and right-hand man of Brig- ham Young, was born at Sheldon, Vt., June 14, 1801, and died June 22, 1868. A blacksmith and a potter in his youth, he removed to Mendon, N. Y., in 1820. He was converted to Mormonism in 1832, ordained an elder, and went to Kirtland, O:, in September of that year. Chosen a member of the quorum of NEBRASKA 127 Schools, churches, and the ecclesiastical- civic government peculiar to the Mormons were established in Winter Quarters. An ex- pensive flouring mill was built, the machinery for which cost as much as $8,000. During the winter the women made large numbers of willow baskets; and for the lack of forage several thousand cattle were wintered on the Iowa side of the river in Harrison and Monona counties, where they fed in the rush bottoms, said to have been extensive there at that time. Both of the "twin relics of barbarism" were planted, though temporarily, in Nebraska. The Mormons practiced polygamy, to some extent at least, at Winter Quarters; but the statement that Brigham Young's own inven- tory of his family counted sixty-six, though apologetically the narrator insists that some of the children were his only by adoption, should be accepted as an illustration of the fact that polygamy existed and not as a fact itself. In the large octagonal council house the revelations concerning the grand march to Salt Lake, which Young had received in fore- handed season—during the month of January —were formally arranged and confirmed. The Cutler's park camp had been moved to Winter Quarters in October, and the advance guard returned from their winter's sojourn at Nio- brara in the spring of 1847. Heber C. Kimball2 started six teams west- ward on the 5th of April, 1847, and the party went into camp* on the Elkhorn; but Kimball returned to Winter Quarters to attend the. conference held on the 6th, at which the final arrangements were made for the departure of the pioneer band, which was to explore the Rocky m'ountain basin in search of a final rest for the saints. Besides Young and Kimball, prominent among those who attended this re- markable conference, of great social interest and import, were Wilford Woodruff,3 Orson twelve in 1835, he devoted his time to missionary labors until the expulsion of the Mormons from Nauvoo. He was appointed first •councillor to the president in 1848, and upon the organization of "Deseret" he was elected lieutenant governor and chief justice, and later was president of the council of the legislative assembly. He was a man of marked ability. ® Wilford Woodruff, known as "Wilford the Faithful," was born at Avon, Conn., Mar. 1, 1807.128 HISTORY OF NEBRASKA Pratt, George A. Smith, Willard Richards, Amasa Lyman, and Ezra T. Benson.1 These were of the twelve apostles. On Wednesday,2 April 7, 1847, this pioneer band moved out of Winter Quarters, and after the first day's march they halted at the rendezvous which had been established by Kimball on the Elkhorn river two days be- fore. Here the final apportionment of goods to be carried and other arrangements in detail were made. On the 8th another party started for the rendezvous; and on the 9th still an- other, including Brigham Young and Heber C. Kimball. This party joined others who had assembled at Cutler's park, and they camped the first night four miles east of Papillion creek. The main body of the pioneer band reached the Elkhorn river on the nth. The leaders returned from these outposts from time to time to Winter Quarters; but on the 14th the final departure took place, the last wagons leaving at two o'clock in the afternoon. Brig- ham Young and other prominent leaders were in this party. They traveled nineteen miles that day and camped near Papillion creek, and reached the Elkhorn the next day half an hour before noon. The river was crossed on a raft which had been constructed by the advance band. On the 23d a part of the teams forded "the dangerous Loup Fork of the Platte." It was then decided that it was necessary to In 1832 he became a Mormon, and soon removed to Kirtland, O. From this date until 1850 his time was devoted to missionary work in America and Eng- land. In Apr., 1837, he was married to Phoebe W. Carter, and the same year was appointed a member of the first quorum of the seventies. In 1839 he was chosen an apostle. With the organization of the state of "Deseret," Woodruff was elected a senator, and served in the legislature of Utah for nearly twenty-five years. He became president of the Mor- mon church in 1887, upon the death of John Taylor. 1Ezra Taft Benson, a native of Mendon, Mass., was raised on a farm, became a hotel keeper, and later owned a cotton mill. In 1839 he went to Quincy, 111., and was there converted to Mormonism in 1848, was ordained an elder, and engaged in mis- sionary work. He became an apostle in 1845, and in 1860 was appointed brigadier-general of militia. He was a member of the provisional legislature of "Des- eret," of the house in the first territorial legislature of Utah, and a member of the legislative council from 1860 until his death, Sept 3, 1869. 2 Guide to Route Map of Mormon Pioneers. Ait- chison's monogram puts the date Apr. 14. 3 Orson Pratt, scholar, orator, philosopher, theo- logian, and astronomer, was known as the "Paul of build a raft to assist in the crossing. On the 28th the party camped near the present site of Grand Island. They kept along the north side of the Platte river and reached Scotts Bluff, not far from the present Wyoming boundary, on the 27th of May. They entered Salt Lake valley July 21, and on the 22d se- lected a camping ground on the present site of Salt Lake City. This pioneer band of Mor- mon emigrants comprised 149 people, includ- ing three women—Harriet Page Wheeler Young, wife of Lorenzo D. Young; Clara Decker Young, wife of Brigham Young; and Ellen Saunders Kimball, wife of Heber C. Kimball—247 animals and 72 wagons. These were loaded with provisions and farm ma- chinery. This itinerary is from the record of the journal kept by apostle Orson Pratt,3 who measured the distance from Winter Quarters to the eighth ward square, Salt Lake City, as 1,054% miles.4 Brigham Young started back to Winter Quarters on the 26th of August with a party of 107 persons, arriving October 31. After the departure of the pioneer band from Winter Quarters the others who were able to travel organized a company called the First Immigration. It comprised 1,553 people, with about 560 wagons with a large amount of live stock and poultry. This expedition was under command of Parley P. Pratt5 and John Mormonism." He was elected one of the twelve apostles in 1835. He was the first to reach Great Salt Lake, July 23, 1847, accompanied by a small ad- vance guard. As the journey overland progressed Pratt ascertained the latitude and longitude, regis- tered the variations of temperature, calculated alti- tudes, and registered all important scientific infor- mati'on acquired. He wTas appointed church historian and recorder in 1874. He died in Oct., 1881. 4 This distance was calculated by a novel arrange- ment invented by William Clayton, who "measured the circumference of a wheel on one of the wagons, and then tied some red flannel on the spoke near the tire. He marched by that wheel constantly and, counting its revolutions, easily determined the dis- tance traveled each day." Clayton with Orson Pratt later contrived a set of wooden cogs to be attached to the .hub of a wagon wheel in such a manner as to register the exact number of miles traveled each day. 5 Parley P. Pratt was a Christian minister, con- verted to the Mormon faith in Aug. 1830. He was a brother of Orson Pratt, who was baptized by him, Sept. 19, 1830, at Canaan, N. Y. He went to Mis- souri as a missionary ; wras appointed one of the first apostles of the church in 1835, and was noted as one of the greatest orators of the Mormon faith.MORMONS IN NEBRASKA 129 Taylor, and it reached Salt Lake valley in several divisions during the fall of 1847. The consummate organizing ability of Brigham Young, if not of others of the Mormon lead- ers, was shown in this great exodus from Ne- braska. Young, who went with the pioneer band, was chosen lieutenant-general. The subsequent expeditions were organized and conducted with military precision, being di- vided into companies of 100 each, subdivided into bands of 50 and squads of 10, each of the "7 companies being com- manded by a captain, and all under the authority and command of the high council of the church. Outriders selected each camp on the preceding day, and formed a skir- mish line. The wagons proceeded in a double column and at every im- portant halting place were formed in two arcs of cir- cles, open:ngs being left between the sections; the tongues of the wagons pointed outward, each front wheel lapping the hind wheel of the next wagon. The cattle were confined inside this ef- fective corral and forti- fication, and guards were stationed at the two openings. The people, for the reason presum- BRIGHAM YOUNG1 From a daguerreotype taken in 1855 ably that they were not, like the cattle, subject to stampede, took their chances in tents pitched outside the ramparts. When the camp abutted on a large stream the wagons were arranged in a semi-circle, each extremity resting upon the river, which answered for a defense on that side. Overlapping extensions widened the wagon beds to six feet, and they were laden with farm machinery, grains for seed and provender, and the familiar coops of chickens. The larger prairie schooners were drawn by six oxen; but there were all s'zes and grades of vehicles between this king of emigrant travel and a cart drawn by a single cow. The wily and wary Indians soon discovered the perfect armed organ- ization of the Mormons, and with the exception o f occasional attempts to stampede the cattle they traversed the country of the hostiles without serious at- tempts at depredation or attack. In May, 1848, Brig- ham Young headed an expedition from Winter Quarters, comprising 1,229 people and 397 wagons; Heber C. Kim- ball headed another in July comprising 662 He was married to several wives, among whom was a Mrs. Hector McLean, who deserted her husband and children in California to go to Salt Lake City and marry the apostle. In 1856, with Pratt, she fol- lowed her former husband to New Orleans, suc- ceeded in securing possession of her children, and spirited them away to Salt Lake. McLean followed Pratt to Arkansas, where he killed him, May 4, 1857, and escaped unpunished. brigham Young, son of John and Naleby (Howe) Young, born at Whitingham, Vt., June 1, 1801, died in Salt Lake City, Aug. 29, 1877. His father, a Rev- olutionary soldier and a farmer, with his eleven children, became converted to Mormonism. Brigham received only eleven days' schooling in his youth, be- came a carpenter by trade, and settled at Mendon, N. Y. Raised a Methodist, he was baptized into the Mormon faith, Apr. 14, 1833, by Samuel H. Smith, a brother of the Mormon prophet; commenced preaching at Mendon, and up to the time of his elec- tion to the presidency was employed in mission work. He removed to Kirtland, O., in 1832; was ordained an elder and spent the winter of 1832-33 organizing missions in Canada; chosen one of the twelve apos- tles of the church, Feb. 14, 1845; settled in Far- West, Mo., in 183S, but was compelled to leave there in 1839 by order of Governor Boggs. He went to Quincy, 111., and later was one of the founders of Nauvoo. In 1839 went, with others, to England to preach, returning July 1, 1841. Oct. 7, 1844, the council of twelve appointed Brigham Young its president with the special designation "The Lion of the Lord." Feb. 15, 1846, President Young set out, with his family and others, to establish a home in the wilderness; -arrived at the present site of Salt Lake City, July 24, 1847; returned to Kauesville, (Council Bluffs) Oct. 31, 1847; Dec. 24, 1847, atISO HISTORY OF NEBRASKA people and 226 wagons; and Willard Richards,1 Several thousand Mormons, through disaf- following not long after with 526 persons and fection or lack of means for traveling, re- 169 wagons, left Winter Quarters a deserted mained in the Missouri valley—in southwest- camp. The general Mormon emigration over ern Iowa; and as late as 1853 Pottawattamie this route continued to be extensive, though county was under their complete political con- gradually falling off, till as late as 1852. The trol, which was exercised in the choice of route of emigration from Great Britain was political officers, including members of the by way of New Orleans up the Mississippi legislature, with the same rigid exclusiveness and Missouri rivers to Independence, and that has characterized their government in thence by the Oregon trail, or for those who Utah, and which is characteristic of all com- preferred it, the old route to Council Point binations of religious zealots. near Kanesville. The principal crossing was The inevitable depredations of the aggres- at Bethlehem, opposite the mouth of the Platte sive Mormons upon the groves of timber ad- river. Old Ft. Kearney, and subsequent to jacent to their camps west of the Missouri 1856, Wyoming, Otoe county, shared this caused serious trouble with the Indians within northern Mormon travel. It now followed a year after the settlement on that side;? and along the south side of the Platte to New Ft. those who had not emigrated westward were Kearney. "The trail officially recognized and obliged to settle on the eastern side of the directed was along the north bank of the river by permission of the Pottawattomies to Platte, leaving Kanesville by way of Crescent, remain there for five years. They settled in making a rendezvous at Boyer Lake or Ferry- the Indian creek valley, in the heart of the ville, crossing the river to the abandoned Win- present site of Council Bluffs, gathering ter Quarters, then to the Elkhorn rendezvous, around an old block house there which be- with ferries over the Elkhorn and Loup. All longed to the United States. The settlement the sunflower trails converged at Ft. Laramie, was at first called "Miller's Hollow," aftetr the The North Platte refute was deemed the Mormon bishop, Miller; Colonel Thomas L. healthier, and was thus constantly urged and Kane, brother of Elisha Kent Kane, the arctic recommended by the church authorities at explorer, was possessed of a dominant spirit, Kanesville. Orson Hyde counted 500 graves and though a gentile was friendly to the Mor- on the trail south of the Platte and but three mons; so Kanesville supplanted the original north of the Platte, from the Missouri to Ft. name bestowed by or in honor of their own Laramie." bishop. Kanesville, was elected and proclaimed ''First Presi- ards, He studied both medicine and theology in his dent of the Church, Prophet, Revelater, and Seer." youth. In 1835, while a practicing physician in Bos- With the arrival in Utah a provisional government ton, became converted to Mormonism, removed to was established, and Young was elected, Mar. 12, Kirtland, O., and was baptized in 1836 by his cousin, 1849, governor of "Deseret." With the organization Brigham Young. He served as a missionary in Eng- of the territory of Utah, Brigham Young was ap- land, was appointed one of the first apostles, and pointed governor, commander-in-chief of the mili- later became historian and recorder of the church, tary, and superintendent of Indian affairs, taking He was editor of the Deseret News and secretary the oath Feb. 3, 1851. Aug. 29, 1852, the doctrine of of state of "Deseret," and later president of the legis- polygamy was announced by Brigham Young, who lative council. Dr. Richards had been a devoted claimed that his predecessor, Joseph Smith, had re- follower of the Prophet Joseph Smith, and with ceived a revelation commanding it, July 12, 1843. John Taylor insisted upon accompanying Joseph and This was denied by Smith's family and adherents. Hyrum when they were committed to prison. In Young graded one hundred miles of the Pacific rail- the attack upon the Smiths both were wounded, the road, and was an important factor in-building the latter seriously. Dr. Richards died Mar. 11, 1854. Utah Central railroad and in other similar enter- 2 The agent at the Council Bluffs agency, in his prises. President Young married many women, and report to the commissioner of Indian affairs for 1847 in 1871 was indicted for polygamy, but not convicted, complained of the presence of the Mormons as a At his death he left seventeen wives, six sons, and cause of no little trouble with the Indians. The twenty-eight daughters, arid had been the father of fact that there were from 3,000 to 5,000 of them fifty-six children. He had accumulated great wealth, killing game and cutting timber in the Omaha coun- His funeral services were participated in by more try would inevitably cause serious friction with those than 30,000 persons. Indians. The agent reported that one Mormon was xDr. Willard Richards, born at Hopkinton, Mass., killed, and his death was charged to the Omahas. June 24, 1804, was a son of Joseph and Rhoda Rich- The Indians consented that their unwelcome neigh-MORMONS IN NEBRASKA The population of Kanesville, the principal settlement, but little else than a frontier out- fitting camp, was of course very unstable. In September, 1850, it contained 1,100 inhabi- tants; in November, 1851, from 2,500 to 3,000, and by a census taken in 1852, 5,057. The buildings of the place had as unstable an ap- pearance as the figures of the census. Every- body and everything was either coming or fitting camp and continued to be as unstable. While the population did not improve quan- titatively, its moral quality deteriorated far below the Mormon standard. After the spring rush was over, by the end of June, the popu- lation had fallen to about 500 and the habits of the people became as steady as under Mormon rule. Council Point, on the Missouri river, some three or four miles south, GRAVE OF REBECCA BURDICK WINTERS1 On the Burlington & Missouri River R. R. near Scotts Bluff, Neb. Photograph by John Wright going. By 1849 the town had changed largely from a Mormon to a gold mining out- bors should stay during the winter of 1846-47, ex- pecting them to go on in the spring. 'The above picture is an intensely interesting and suggestive illustration of the vicissitudes of travel on the great Oregon trail, and especially of the poorly provided Mormon emigrants. The grave shown in the photograph is a mile and a half east of the station of Scotts Bluff only four feet from the track of the B. & M. R. R. The inscription on the monuments tell the story. The arch shown in the picture is a wagon tire two inches wide, on which are the following words cut with a cold- was nothing more than the principal steam- boat landing. Traders Point, called also Trad- chisel : "Rebecca Winters, aged 50 years." This monument, doubtless the best available, was placed at the time of the burial. The men who were con- structing the railway in 1900 discovered the grave in the right of way, and Mr. J. R. Phelan, Alliance, superintendent of the division, at once set on foot inquiry in Salt Lake City for particulars about its occupant. It was found that the deceased woman had many descendants who were faithful to her memory, and they soon sent the tombstone which appears in the picture, and which Mr. Phelan caused to be erected. The inscription illustrates the char- acteristic devotion of the Mormons to their faith132 HISTORY OF NEBRASKA ing Point and St. Francis, three or four miles still farther south and nearly opposite Belle- vue, was a hamlet of some consequence, and a post-office was established there in the sum- mer of 1849, under the name "Nebraska." In 1850 the post-office name became Council Bluffs, and the place was credited with a pop- ulation of 125. Bethlehem Ferry was-a short distance south of a point opposite the mouth of the Platte river, in Mills county, la. The Bellevue Gazette1 says: "Bellevue is noted as being the old Council Bluffs of 1849 and 50. At this point the Califor- nia gold seekers crossed the river as the Mormons had previously done. Here they rece.ved their outfits, and from this point, the last and only one in Nebraska uhere an outfit could be ob- tained, they started by the way of Salt Lake for the golden regions of the iar-off Pacific. At that time large numbers of people, with their wagons and tents, for a time en- camped on both sides of the river. By these emigrants thousands of letters were written to their friends east, all dated Council Bluffs, from the fact that here was the Council Bluffs and to those who die in it. On the east side of the stone are the words: "Rebecca Burdick, wife of Hiram Winters. She died a faithful Latter Day Saint, August 15, 1852, aged 50 years, while making that memorable journey across the plains to find a new home in the far distant Salt Lake valley. She gave her life for her faith, and her reward will be according to her works. This monument was erected in 1902, her centennial year, by her numerous de- scendants in Utah." This verse then follows: "And should we die before our journey's through Happy day, all is well; We then are free from toil and sorrow, too. With the just we shall dwell." On the west side of the stone are the words: "Our beloved mother"; and lower down under a picture of the temple, "Salt Lake Temple." The word "Winters" is chiseled in the base of the monu- Indian agency. Indeed, so great was this let- ter business that government in the fall of 1849 established here a post-office under the name of the 'Nebraska Post-office.' This was the first established for the territory. In 1851 government changed its name from Nebraska P. O. to Council Bluffs P. O., so as to corre- spond with the Indian agency. The commis- sioners of Indian affairs all dated their reports Council Bluffs, sometimes, 'C. B. Indian agency of Bellevue.' The place on the opposite side of the river was known as Council Bluffs Sub- Agency. Here then, at this place is the Council Bluffs of 1848-49 — a name that was familiar to every American reader from one end of the nation to the other.'' The cor- respondent giving this information then goes on to charge that the jealous neighbors of Bellevue across the river set about to rob this original Coun- cil Bluffs post-office of its good name: that in the winter of 1851-52 they instigated the legisla- ture of Iowa to baptize Mormon Hollow, known as Kanesville, with the historic name of Council Bluffs. "Not satisfied with giving their illegitimate child ment on the west side and in the foundation, "Tem- ple Granite." The fence surrounding the grave forms an enclosure 6 x 18 feet, and it is made of gas pipe supported by six round wooden posts. The top rails are protected by a notched guard. 1 Oct. 1, 1857. 2Henry James Hudson, Nebraska pioneer and colonizer, and for more than a quarter of a century a prominent resident of Columbus, was born in Lon- don, Eng., Nov. 28, 1822. He descended on his ma- ternal side from a family for many generations con- nected with the British military service. His father,. William Hudson, died when Henry was but twelve years of age. His mother in maidenhood was Fran- ces Poynter. He received his education in an En- glish boarding school, conducted by a superannuated Methodist clergyman, and Wesleyanism was drilled into him from his earliest school days. One of the WSMm, wmWM& llfiifS :: I j HENRY JAMES HUDSON 2MORMONS IN NEBRASKA 133 the prestige of a good name, they wanted an Salt Lake, some to Platte county, Nebraska, appropriate dress with which to clothe it, so and others back to Iowa. A station and set- in the spring of 1853 the Council Bluffs post- tlement were made at Wood river, Buffalo office of this place was removed by them to the county, in 1858, under the leadership of the Council Bluffs of Mormon Hollow." pioneer newspaper publisher, Joseph E. John- In 1857 about 100 families from St. Louis, son; but they moved on to Salt Lake in 1863. led by H. J. Hudson, established three com- It is said that J. C. Mitchell and A. J. Smith, munities at Genoa which were called Alton, who were left in charge of the Mormons on Florence, and St. Louis. About 2,000 acres the Iowa side, after the principal migration of land were enclosed and as much as two westward, relinquished their interests to,the sections of it were cultivated. Each man gentiles of Council Bluffs in 1854, and, mov- was allotted a proportionate share of the land, ing across to Winter Quarters, gave the place At the end of seven years the Pawnees came the name of Florence. to take possession of their reservation, which But these enterprising and persistent people included this advance settlement of the Mor- evidently did not intend to wholly relinquish mons. After three years of suspense between their hold upon this fertile Nebraska country the dangers of the Pawnees and the Sioux, until they were overwhelmed by the tide of they, too, were obliged to move on, some to gentile immigration which set in after the chief things remembered of his days at school was at Genoa was forced to abandon their claims on ac- a prayer which he often repeated when his teacher count of the land being taken by the government as was not about: a reserve for the Pawnee Indians, and though claims tu,. a-u__for damage were made, none of the colonists ever Th?Sfrt nn IfwlX ' received payment, and gradually the colony was dis- Tf^W*11+Via?T rniiM pat persed. Mr. Hudson won the respect and the confi- T rL W ,11 » ' dence of the settlers in Platte county, and was at I would praise God for all. , different times elected to office. He served for a After leaving school he was apprenticed to a number of years as justice of the peace, was post- maker of surgical and dental instruments, but had to master for thirteen years, for a term was county abandon his trade on account of an affliction of the superintendent of schools, for two terms was county eyes. In 1851 he emigrated to America, arriving at clerk, and in the memorable session of the legisla- New Orleans in March of that year, and by boat ture in 1870-71, when Governor David Butler was making his way to St. Louis. On the voyage across impeached, Mr. Hudson was representative from the Atlantic the vessel on which he was a passenger Platte county, and was made chairman of the house was wrecked, which caused an unpleasant amount committee on impeachment. He took an important of hardship and delayed his arrival. He was con- stand in the proceedings and won the confidence of verted to the faith of the Latter Day Saints in Sept., his colleagues by his attitude and firm resolution- for 1847, his bride and himself becoming members of justice. Afterwards Mr. Hudson was commissioner the church of Brigham Young. After arriving in of Platte county for three years, county supervisor America, Mr. Hudson and his wife made their home foi4 Columbus for three terms, and filled the office at Alton, 111., remaining there until 1856. In Sep- of probate judge. In 1865 he was one of the incor- tember of that year Mr. Hudson visited Nebraska, porators of the Columbus cemetery, and assisted in and viewed the field with others who were'delegated laying to rest therein the body of Joseph McFaddert, by the church to establish colonies in Nebraska ter- the first to be buried there. In all affairs pertaining ritory. On Apr. 28, 1857, with his wife and a colony to the advancement of Columbus Mr. Hudson took of 110 Mormon families he settled at what is now a hearty and active interest. His life was a model Genoa. Two other colonies were established in the one and a successful one. In the matter of politics state at that time, one at Wood River and another he was much of a conservative. He voted for Gen- at what is now Cottonwood Springs, then called eral Grant for President, and was a republican until Pawnee Springs. In 1859 Mr. ^Hudson, with a large 1896, when he became a supporter of William J. number of others, revolted against the authority and Bryan, and affiliated with the Democratic party until the teachings of Brigham Young, and formed what his death. In 1841 he became an Odd Fellow in became known as the reorganized church under the the city of London, and in 1873 became a member leadership of Joseph Smith, Jr. Mr. Hudson, who of the order in America. He filled many impor- prior to his conversion to Mormonism was an exhor- tant offices in the subordinate and the grand lodge, ter and evangelist doing street work in London, was and in the grand encampment, and was once a rep- a power in the reorganized church, and for some resentative to the sovereign grand lodge. With the years was high in its councils. He took an active organization of the Royal Arcanum in 1877 he be- part in the politics of Nebraska, and in 1859 was a came a member of that order. Mr. Hudson was candidate for territorial representative against Henry married in England, Nov. 10, 1844, to Sarah Shef- W. De Puy. In the district at the seven voting ford, and to them fifteen children were born, nine of places there were only 225 votes cast, and at Genoa whom are living, namely: James H. Hudson, Bak- the entire 110 votes were cast for Mr. Hudson. But ersfield, Cal.; Charles S., Columbus; Helen, wife of he was counted out, mostly owing to the prejudices J. H. Galley of Columbus; Lillie S., wife of W. H against his religious convictions. In 1869 the colony Winterbottham, Genoa; Horace H. of Silver Creek134 HISTORY OF NEBRASKA legal barrier to white settlement had been re- moved by the organic act of 1854, and which acquired a menacing force as the prospect of the coming of railroads grew favorable. Mr. James C. Mitchell testified in the Chapman- Ferguson contest for the seat of delegate in Congress that there were "not less than 2,000 population, nor more than 200 of Mormons and their sympathizers actually in Florence at the time of the election of 1857.1 As late as February 8, i860, the Omaha Re- publican asserted that in spite of the abusive attacks by the Nebraskian upon the Mormons the democrats would electioneer for Mormon votes. The Nebraska City News of September 10, 1859, notes that the last Mormon train for 1859, numbering about fifty and under the charge of Mr. Young, had left that week, making the whole number of Mormon emi- grants for the year named about 3,000. On the 5th of May, i860, the Nebraskian states that "Joe Smith and some 3,000 of his followers have purchased land in Douglas county." Their headquarters were near Flor- ence and the journal named expressed the opinion that they would be a valuable acces- sion. The Nebraskian of May 19, i860, notes the arrival at Florence of 600 Mormons, on the boat Hesperian, bound for Salt Lake. The Nebraska City News, of July 13, 1861, quotes a statement of the Omaha Republican that there were 1,200 Mormons at Florence, and that they had been commanded to leave for Salt Lake City. Also that "the steamer Om- aha, on her last trip, brought up 500, and the West Wind about 600 yesterday. We are in- formed that a demand has come from Salt Lake for all the Mormons in this vicinity to leave for that place." The Nebraskian, Neb.; Sarah E., wife of J. C. Echols of Columbus; Mabel, wife of R. Jenkinson; and Evaline R., wife of C. E. Pollock of Columbus. The deceased chil- dren are: Joseph and Mary Emma, died at Alton, 111.; Florence and George, died at Genoa; and Louise E., wife of G. W. Philips, died in Columbus, Apr. 5, 3898. Mr. Hudson had at the time of his death thirty-eight grandchildren and eight great-grand- children. He died, Feb. 15, 1903, at his home in Columbus, Neb., where his widow still resides. 1Cong. Globe, 2d Sess., 35th Cong., pt. 1, p. 919. 2 Orson Hyde was known alternately as a zealous apostle and an apostate. He was born in Oxford, August 7, 1863, reports that the steamboat Denver City brought up 700 Mormons from England who will go to Utah. The Omaha Republican, July 4, i860, notes that the steamer Omaha had just landed at Omaha 600 Mormons, chiefly English, Scotch, and Danish, on their way to Salt Lake. They camped at Florence for two or three weeks before start- ing across the plains. Orson Hyde,2 a Mormon apostle, lawyer, and editor, established a newspaper called the Frontier Guardian in the month of February, 1849. This journal, which he published tor three years, is a fruitful source of information about the Mormon occupancy of the Missouri valley. The following valuable sketch of Mormon history was furnished for this history by Mr. Heman C. Smith, historian of the Reorgan- ized Church of Jesus Christ of Latter Day Saints, whose headquarters are at Lamoni, la.: "The Church of Jesus Christ of Latter Day Saints was organized April 6, 1830, at Fay- ette, Seneca county, N. Y., by Joseph Smith and others, with six members. "Settlements were successively made at Kirtland, O.; Independence and Far West and other points in Missouri. Being driven from Missouri, a location was made at Commerce, afterwards Nauvoo, 111., in 1839. After the death of the Smiths, Joseph and Hyrum, in June, 1844, at Carthage, 111., a fragment of the church was led west by Brigham Young and his associates, this actual migration be- ginning in the early part of 1846; and by the middle of May of that year it has been esti- mated that 16,000 Mormons had crossed the Mississippi and taken up their line of march westward. "After June, 1846, but few of the Mormons remained behind; but against this few the spirit of persecution still raged; and the 17th Conn., in 1805. In his youth he worked for a time in an iron foundry. He then became a clerk in a store at Kirtland, O. He was then a class leader in the Methodist church, but was converted to Mor- monism in 1831, and became one of the first apostles of the church. From this time on he became promi- nent as a missionary in England and the Holy Land. After the assassination of the Prophet, he labored to reorganize the first presidency, and it was largely through his efforts that Brigham Young yvas ap- pointed to succeed Joseph Smith. Hyde several times apostatized, but was as often brought back to the fold, and continued to labor in the ministry until his death, in Nov., 1878.MORMONS IN NEBRASKA 135 day of September of that year the remnant crossed the Mississippi, and the 'gentiles' took possession of the city of Nauvoo. "The first camp of those leaving Nauvoo in the early part of the year was made at Sugar Creek, la., a few miles from Nauvoo, and al- most within sight of the city. Their second stationary camp was made at Richardson Point, in Lee county, la.; the third at Chari- ton river, the fourth at Locust creek, then Garden Grove, Mount Pisgah, and finally Winter Quarters in Nebraska, on the west side of the Missouri, and, a little above the city of Omaha as it now stands, and on the site of the present town of Florence. In July the main body reached the Missouri at the spot now known as Council Bluffs; and soon after many crossed the river in a ferryboat of their own construction and pitched their tents on the site of the present town of Florence, then named Winter Quarters. Other large encamp- ments were formed on both sides of the river nearby where grass was plentiful. It is esti- mated that in early autumn about 12,000 were either assembled here or on their way farther west as an advance exploring party, of which we shall speak later. "After the last of the Mormon inhabitants of Nauvoo were compelled to cross the Mis- sissippi on the 17th of September, 1846, they encamped in what has been known since as the poor camp, on the west side of the river, and a short distance above Montrose, la. Thither teams were sent from Winter Quar- ters, and gradually they were brought up with the main body of the fleeing band. "Though it was late in the season when the main bodies of the emigrants crossed the Mis- souri, still some of them pressed on westward as far as the Pawnee villages on Grand Island, intending to select a new home before winter; but the evil tidings from Nauvoo prevented further progress, and all prepared to spend the winter on the prairies. "At the close of 1846 about 12,000 souls had assembled in the Mormon camps, some of them being as far east as Garden Grove, now in Decatur county, la.; others were at Mount Pisgah, on the middle fork of Grand river. Here great sufferings were endured in the winter of 1846-47; but in 1847 an abundant crop was raised, and they were enabled to send supplies to their brothers at Council 1 Samuel Brannan was a journeyman printer, who joined the Mormons in 1842, and became editor of the New York Messenger, an organ of the Mormon church. He sailed from New York, Feb. 4, 1846, on the "Brooklyn," a vessel of 370 tons, which carried 236 passengers—Mormons—who reached Hawaii after a voyage of five months, and on July 31, 1847, Bluffs. Many and very severe privations were endured in the latter part of the year 1846 and the fore part of the year 1847 by those in the various camps on either side of the Missouri river near and at Winter Quarters. "On April 14, 1847, a detachment moved west from a temporary rendezvous on the Elk- horn, to make explorations farther west, with a view to discovering a suitable place for a permanent location. They were instructed, however, that in the event that they did not find such a suitable place, they should plant a crop, and arrange another camp which should serve as a base of supplies for still further westward movements. The route taken by this pioneer band was along the north branch of the Platte river, and for more than 500 miles the country was bare of vegetation. Felled cottonwood trees served for the horses and cattle to browse upon; and at last they were fed the grain, flour, and biscuit provided for themselves, while they subsisted upon game and fish. They crossed the Loup river on the 24th of April, using a leathern boat made for this trip, called the Revenue Cutter ; and on May 22 they encamped at Ancient Bluff Ruins. Early in June they reached the Black Hills by way of Ft. Laramie. Here they rested two or three weeks to build ferry- boats and recruit their animals. They also supplied themselves with a plentiful stock of meat by the use of their rifles, and increased their store of other provisions by ferrying other emigrants over the stream and receiv- ing pay in provisions. "In the latter part of June, by traveling fast by what was known as the Oregon track, they arrived at the South Pass. Thence they skirted the Colorado desert, and reached the Green river country, where they were met by Elder Brannan,1 who had sailed from New York in the ship Brooklyn the previous Feb- ruary with 238 Saints. Pressing on again they reached Echo canyon, where the leader, Brigham Young, and many others' were at- tacked with mountain fever. Orson Pratt, after a formal meeting, was directed to take the strongest of the band and cut through the mountains into the valley, making roads and bridges as thev went. This advance party, after crossing what were designated Big and Little mountains, encamped in Emigration canyon. This encampment was made on the landed on the present site of San Francisco. From thence a part of the company journeyed overland to Salt Lake. ^ Brannan, renouncing the faith, returned to California, where, after the discovery of gold, he acquired a fortune, and became U. S. senator from that state. He was distinguished for his ability and lack of principle.136 HISTORY OF NEBRASKA 20th of July, 1847. The next day Pratt and Snow, advancing from camp, reconnoitered and passed over the present site of the city of Salt Lake, and were enchanted with the sur- rounding country; and late in the evening re- turned to camp and told of their discoveries. The company moved into the valley the next day and immediately went to work to plow and plant, before their leader arrived. Later, by easy stages, Brigham Young and his por- tion of the company arrived, and he decided that this was the proper place for a permanent location. "On the 17th of August twenty-four pio- neers and forty-six of the Mormon battalion who had previously joined them set out on their return to Winter Quarters. On the 26th a second company of 107 persons started for Winter Quarters. Brigham Young and Heber C. Kimball started forth on horseback a little in advance of the others. "On July 4, 1847, I^553 persons set forth from Winter Quarters to follow the advance pioneers for the Rocky mountains, the advance portion of which reached the Salt Lake set- tlement on the iQth of September, the rest arriving in detachments at intervals of several weeks. "The company of the advance pioneers un- der Brigham Young reached Winter Quarters, October 31. "The Indians, who at first so heartily wel- comed the emigrants to Winter Quarters, later grew tired of their presence, and complained to the government that they were intruding on their domain. The government ordered the Mormons away, but gave them opportunity to settle on the east bank of the river for five years. There they built a .town called Kanes- ville, opposite Omaha, and occupied the coun- try up and down the river for a distance of twenty miles. The main body of them had all gone west before 1851. "Polygamy existed to some extent at the time of the settlement at Winter Quarters, and had done so before they left Nauvoo. The statement of Brigham Young, that he was the father of 'fifty or sixty' children, being a mere rumor, and a very unreasonable one, would certainly not do as the basis for any historical narrative that pretends to reliability. "There is no evidence implicating Joseph Smith in the practice of polygamy except that which is furnished either by his enemies or those who were themselves guilty of the same offense. His influence among the people made it to their interest to use his name, as it prom- ised a greater measure of success. We call your attention to the following considerations bearing upon this point: "1. The fundamental and organic law of the church, given through Joseph Smith, and by him presented to the church for adoption, for- bids the practice of fpl^gamy. " 'Thou shalt love thy wife with all thy heart, and shall cleave unto her and none else ; and he that looketh upon a woman to lust after her, shall deny the faith, and shall not have the Spirit; and if he repents not, he shall be cast out.'—Doctrine and Covenants, 42:7. "2. The Book of Mormon, translated by Jo- seph Smith, and received by the church as an inspired record, is equally pointed in its con- demnation of polygamy: " 'Wherefore, I, the Lord God, will not suffer that this people shall do like unto them of old. Wherefore, my brethren, hear me, and hearken to the word of the Lord: For there shall not any man among you have save it be one wife: and concubines he shall have none: for I, the Lord God, delighteth in the chastity of women.'—Book of Jacob, 2:6. "3. Joseph Smith condemned the practice of polygamy a few months before his death. The Times and Seasons, the church periodical, published at Nauvoo, for February 1, 1844, less than five months before, the death of the Smiths, contained the following over the sig- natures of Joseph Smith and Hyrum Smith: " 'As we have lately been credibly informed that an Elder of the Church of Jesus Christ of Latter Day Saints, by the name of Hiram Brown, has been preaching polygamy, and other false and corrupt doctrines, in the county of Lapeer, State of Michigan;— " 'This is to notify him and the church in general, that he has been cut off from the church for his iniquity; and he is further noti- fied to appear at the special conference, on the sixth of April next, to make answer to these charges.' "4. No children of Joseph Smith by polyg- amous wives have ever been produced. He was a strong, vigorous man, in the prime of life, when it is charged that he was engaged in the practice of polygamy; but no one of the parties interested in proving him guilty of polygamy has ever produced a child from a polygamous wife. The only children of Jo- seph Smith that have ever been produced are those by his lawful wife Emma. It is possi- ble that a man engaged in an unlawful prac- tice might publicly denounce it, though such an act gives the lie to the well-known and remarkable frankness of Joseph Smith in deal- ing with his people and the world in general;MORMONS IN NEBRASKA 137 but his association with polygamous wives would furnish indubitable evidence of his guilt. "As to their intentions as to place of settle- ment when they left Nauvoo, the following quotation from 'A Circular of the High Coun- cil' of Nauvoo, is the best information at hand: " 'To the members of the Church of Jesus Christ of Latter Day Saints, and to all whom it may concern; greeting. " 'Beloved Brethren and friends:—We the members of the High Council of the Church, by the voice of all her authorities, have unit- edly and unanimously agreed, and embrace this opportunity to inform you, that we intend to send out into the western country from this place, some time in the early part of the month of March, a company of pioneers, consisting mostly of young, hardy men, with some fam- ilies. These are destined to be furnished with an ample outfit, taking with them a printing press, farming utensils of all kinds, with mill irons and bolting cloths, seeds of all kinds, grain, etc. "'The object of this early move is to put in a spring crop, to build houses, and to pre- pare for the reception of families who will start so soon as grass shall be sufficiently grown to sustain teams and stock. Our pio- neers are instructed to proceed west until they find a good place to make a crop, in some good valley in the neighborhood of the Rockv mountains, where they will infringe upon no one, and be not likely to be infringed upon. Here we will make a resting place, until we can determine a place for a permanent location.' "The circular from which the above quota- tion is made bears date January 20, 1846, and was published in the Times and Seasons, vol. 6, pp. 1096, 1097. "Tullidge's History of Salt Lake City con- tains the following passages touching the hand-cart expeditions of 1856: " 'It was also the year of the hand-cart emi- gration, in which several hundred perished in the snows and for lack of food. The story of the terrible sufferings of the poor emigrants and of the victims whose graves daily marked the journey can never be fully told, and it is too harrowing to the feelings of the people, even to-day, to render the effort desirable for the historian's pen. It is a page of history in the peopling of Utah which the people would fain have forgotten; but it is due to Brigham Young and the noble conduct of the entire community to record something of the rescue of those companies. The following passages are culled from Mr. John Chislett's verv graphic chapters on the hand-cart emigration: " ' "We traveled on in misery and sorrow day after day. Sometimes we made a pretty good distance, but at other times we were only able to make a few miles' progress. Finally we were overtaken by a snow-storm which the shrill wind blew furiously about us. The snow fell several inches deep as we traveled /- s vw...- r JV \ 'I, ^ ™ i; 4 # v,. ' A . li ia "rt mmr1 v I i-i ' p- i-rj flflj WW1 -5 M THE ILL-FATED HAND CART EXPEDITION LEAVING FLORENCE, NEB., IN 185G Engraving from a pencil sketch by Simon, in Frontier Sketch Book of N. P. Dodge138 HISTORY OF NEBRASKA along, but we dared not stop, for we had a sixteen mile journey to make, and short of it we could not get wood and water. As we were resting for a short time at noon a light wagon was driven into our camp from the west. Its occupants were Joseph A. Young and Stephen Taylor. They informed us that a train of supplies was on the way, and we might expect to meet it in a day or two. More welcome messengers never came from the courts of glory than these two young men were to us. They lost no time after encour- aging us all they could to press forward, but sped on further east to convey their glad news to Edward Martin and the fifth hand-cart company, who left Florence about two weeks after us, and who it was feared were even worse off than we were. As they went from our view, many a hearty 'God bless you' fol- lowed them." " 'Mr. Chis- lett continues: "We arrived in Salt Lake City on the 9th of November, but Martin's com- pany did not arrive until about the 1st of December. They num- bered near six hundred on starting, and lost over one- fourth of their number by death. The storm which overtook us while making the sixteen- mile drive on Sweetwater reached them at North Platte. There they settled down to await help or die, being unable to go any farther. Their camp ground became indeed a veritable grave-yard before they left it, and their dead lie even now scattered along from that point to Salt Lake. They were longer without food than we were, and being more exposed to the severe weather, their mortality was, of course, greater in proportion. Our tale is their tale partly told; the same causes operated in both cases, and the same effects followed."'—See pages 115 and 117. "We have taken the pains to interview Mrs. Lucy Potter, now Mrs. Thos. Stuart, of La- moni, la., who was with what is mentioned above as Martin's company. She was not one of the company, but belonged to a small com- ■t A "Tm ',-,4 "Jflv-M pany of emigrants having teams who overtook the ill-fated hand-cart company. She was del- egated, after thus overtaking them, to preside over what was designated the sick wagon, it being her duty to gather up and bury the dead each day, and take into her care the disabled who were not dead whom she found had fallen by the way. Unfortunately for history, her journal which contained a record of the awful scenes through which she passed has been ac- cidentally burned; and age has impaired her memory to such a degree that accuracy of de- tail is quite out of the question. According to her recollection Martin's company left Iowa City as late as August 15 to 16, and arrived in Salt Lake City December 21. She states that the deaths numbered fifty-one. The number composing the company she does not re- member; nor can she locate any of the places through which they passed where their greatest sufferings were endured." The following is a complete list of organiza- tions of Latter Day Saints in Nebraska, i n 1903, as furnished by H. A. Stebbins, Lamoni, la., general recorder of the Reorganized Church of Jesus Christ. This does not in- clude any organizations of the Utah Mormon church that may exist in Nebraska: Omaha, Douglas county; Platte Valley, Douglas county, near Valley; Fremont, Dodge county; Blair, Washington county; Columbus, Platte county: Decatur, Burt county; Ever- green, Dawes county, near Belmont; Elkhorn, and Pine Cliffs, Sheridan county; Olive, Cheyenne county, near Bayard; Maxwell, Lin- coln county; Meadow Grove, Madison county; Clearwater, Antelope county; Inman, Holt county; Round Park, Custer county, near Comstock; Nebraska City, Otoe county; Pal- myra, Otoe county; Blue River, Saline county, near Wilber; Hebron, Thayer county; Fair- field, Clay county; Elmwood, Cass county. A MORMON ENCAMPMENT Engraving from a pencil sketch in the Frontier Sketch Book of N. P. DodgeTERRITORIAL MILITARY HISTORY 139 CHAPTER V TERRITORIAL MILITARY HISTORY "POLITICAL and other social relations in •*- the United States have been constantly disturbed, and during a considerable period were disrupted by the presence of two unas- similable races. Each of our two race ques- tions led to war. The Nebraska country was the subject of the controversy which precipitated the war over the black race question and the principal field of the long series of wars with the red race. The Indian question grew out of the forcible ejectment of the origi- nal Indian occupants of the country by the white invaders. The negro question arose from the abduction of the alien blacks from their own country and their introduction here as slaves by the same white intru- ders. These contests resulted in the subjugation and strictest! surveillance of that one of these races which could not be en- slaved and would fight, and in the sympathetic emancipation and premature enfranchisement of the other because it was fit for slavery and had submitted to it. For many years following the treaty of 1783, which acknowledged the independence of the American colonies, Great Britain had ROSALIE MSA ELY no mind to respect its provision fixing the Mississippi river as the western boundary of the new nation. On the contrary, there was constant scheming on the part of each of the three great European powers — England, France, and Spain—to detach and appropriate the country west of the Alle- ghenies. England held De- troit and other posts within the territory of the United States long after the treaty of peace, and Spain held Natchez and other places on our side of the Mississippi river as late as 1798. These conspiracies were finally headed off by Jefferson's brilliant diplomacy in getting from the great Napoleon a quit-claim of the title of France to the Louisiana country, and so virtually to all her claims on North America. At first the Indian question in the Missouri valley was com- plicated with that of the ag- gressive attempts of the English to retain con- trol of trade with the Indians, and the first military force that ever entered the upper Missouri country was sent there for the pur- pose of dealing with that phase of the. ques- tion.2 This expedition, under command of r a iWmk —....... * r" m t . , ■ w 1 Rosalie Lisa Ely, daughter of Manuel Lisa and an Indian woman of the Omaha tribe, was born at Lisa's Post in what is now the state of Nebraska, about 1815. She had a brother, Christopher or Ray- mond Lisa., and both children were forcibly taken from their Indian mother and educated in St. Louis. Rosalie married Madison Ely, a farmer and Baptist preacher, Feb. 15, 1832, and they removed to Illinois, near Trenton, in 1864. They had three sons and five daughters, four of whom are living: Mrs. Virginia Edwards, Mrs. Mary Power, Mrs. Ophelia Strohm, all of Trenton, 111., and Mrs. Emma Smith, El Paso, Tex. Mrs. Ely died at Trenton, 111., Dec. 21, 1004, at the age of about ninety years. 2 In a letter dated Dec. 29, 1819, and addressed to the chairman of the military committee of the House of Representatives, the Secretary of War, John C. Calhoun, described these conditions: "Trade and presents, accompanied by talks calculated for the purpose, are among the most powerful means to control the action of savages, and so long as they are wielded by a foreign hand our frontier must ever be exposed to the calamity of Indian warfare. By the treaty of 1794, Great Britain obtained the right of trade and intercourse with the Indians re- siding on our territory : which gave her nearly a monopoly of the trade with the various tribes of the lakes, the Mississippi and Missouri, and a de-140 HISTORY OF Col. Henry Atkinson,1 went as far up the Mis- souri as "Camp Missouri/' just below Council Bluff, and there established the first military post in the upper Missouri country, in Sep- tember, 1819. By the end of the year a strong work and barracks for 1,000 men had been erected by the troops.2 The post, afterward known as Ft. Atkinson, was garrisoned bv the 6th Regt. Inf. and a regiment of riflemen, 1,126 men in all. On cided control over all of their measures. The effects of this ascendency over them must be remembered and lamented so long as the history of the late war shall be perused. The most distressing occurrences and the greatest disasters of that period may be dis- tinctly traced to it. This right of intercourse and trade with the Indians terminated with the war [of 1812], and was not reserved by the treaty of Ghent; and in the year 1816 Congress passed a law which authorized the President to prohibit foreigners from trading with the Indians residing within our limits, and instructions have been given under the act to prevent such trade."—(Am. State Papers, Military Affairs, vol. 2, p. 33.) . . . The Yellowstone Expedition, under Colonel Atkinson, was intended to enforce this act, but for some reason it went no further up the river than Council Bluff. The post established there is often confused with Engineer Cantonment, five miles below, the winter camp of the scientific division of the expedition, under Major Stephen H, Long, which arrived there on the steamer Western Engineer, Sept. 19, 1819, and left on its journey of exploration to the Rocky mountains, by way of the Platte valley, June 6, 1820. The military arm of the expedition arrived at Council Bluff a week later than the exploring party anchored at Engineer Cantonment. The fort it established was called Camp Missouri until it was formally chris- tened Ft. Atkinson by an order of the Secretary of War, dated Jan. 5, 1821. *Gen. Henry Atkinson, commander of the mili- tary arm of the Yellowstone expedition, was a native of North Carolina, He entered the military service of thf United States as a captain in the 3d Inf., July 1, 18d8; became colonel inspector-general, Apr. 25, 1813; colonel 4th Inf., Apr. 15, 1814; transferred to 27th Inf. in Apr., 1814; transferred to 6th Inf. May 17, 1815; brigadier-general, May 13, 1820; colonel and adjutant-general, June 1, 1821, which he de- clined, and on Aug. 16, 1821, was assigned as col- onel 6th Inf.; retained as colonel Aug. 21, with brevet rank of brigadier-general May 13, 1820. Gen- eral Atkinson established Ft. Atkinson at Council Bluff, now Ft. Calhoun, Neb., which was named in his honor. There were altogether four posts in dif- ferent parts of the country named for General At- kinson. In 1825 he led a large body of troops up the Missouri river from Ft. Atkinson to a point 120 miles above the mouth of the Yellowstone, to effect treaties of peace with the various Indian tribes, re- turning in the fall of that year to the post at Council Bluff. General Atkinson died at Jefferson Barracks, June 14, 1842, and was buried there. 2 American State Papers, Military Affairs, vol. 2, p. 31. 8Maj. Benjamin O'Fallon, soldier, Indian agent, and trader, was a son of Dr. James and Frances NEBRASKA the 23d of September, 1820, Atkinson, now Brigadier-General, and Benjamin O'Fallon,3 Indian agent, made a treaty with the Omaha tribe of Indians by which they gave to the United States "a tract of fifteen miles square of the country around Council Bluff, to be bounded by due east, west, north, and south lines, and so located that the flagstaff in the area of the new cantonment in Council Bluff shall be the center of the aforesaid tract of (Clark) O'Fallon. His father, a native of Athlone, Ireland, and descended from an ancient family, served under Washington in the continental army. His mother, a sister of Gen. William Clark, was born near Louisville, Ky. Dr. O'Fallon died there in 1793, leaving two sons, John and Benjamin, the former two years old and the latter an infant. John O'Fallon became prominent in the military service of the United States, serving as lieutenant under General Harrison, and was wounded at the battle of Tippecanoe, in .the War of 1812. His later years were spent in St. Louis, where he acquired vast wealth, and gave more than a million dollars to charitable and educational institutions, among them being the O'Fallon Polytechnic institute. He died Dec. 17, 1865. Benjamin O'Fallon at an early age was committed to the care of his guardian and uncle, Gen. William Clark, who then resided in St. Louis, where Benjamin was probably reared and educated. Beyond this, little is known of his early life until he became United States Indian agent to the Missouri tribes. With his deputy and interpreter, John Dougherty, he joined the Yellowstone expedition at St. Charles and accompanied it to Council Bluff; and a council was'immediately held with the Paw- nees, at Engineer Cantonment, on Oct. 10, 1819. It is not known whether this was the first visit of Major O'Fallon to the upper Missouri tribes, al- though Mr. Dougherty had previously resided among the Omahas for a considerable time. It is certain that Major O'Fallon had previously served as Indian agent to the Sacs and Foxes on the upper Missis- sippi, so that he must have entered the service at a very early age. How long he remained at Council Bluff is not known beyond the fact that he was there in the year 1824, when, with Gen. Henry Atkinson, he was appointed commissioner representing the United States to conclude treaties with the Missouri Indians, and on this mission went up the Missouri river for a considerable distance. We hear nothing more of him until 1828, when he was named as presidential elector from the state of Missouri for General Jackson. The record we have of Major O'Fallon's dealings with the Indians indicates that he possessed remarkable knowledge of their customs, habits, and characteristics, and that he was brave to the point of foolhardiness. That he was an orator of no mean ability is shown by copies of his speeches, made at Indian councils, which are quoted by Maj. S. H. Long. It is believed that O'Fallons Bluff, seventeen miles west of North Platte, on the Over- land trail, was named for him, -although the state- ment is made that it was named for a hunter who was killed there. Nothing can be learned of the later life or of the death of Major O'Fallon. His deputy was doubtless the John Dougherty who later became Indian agent at Bellevue, when the agency was removed to that point.TERRITORIAL MILITARY HISTORY 141 fifteen miles square."1 General Atkinson was commandant at this post until 1823, when he was succeeded by Lieutenant-Colonel Leaven- worth, who remained in charge until 1825. His successor, Brvt. Lieutenant-Colonel Wool- ley, was commandant until the post was aban- doned in 1827, its equipment being removed to the new post called Cantonment Leaven- worth, afterward Ft. Leavenworth.2 On the 22d of June, 1823, Col. Henry At- kinson, commandant at Ft. Atkinson, left that post with six companies of the 6th Inf., 220 men, two six-pound cannons, and several swivels, to avenge the defeat of Gen. W. H. Ashley,3 of the Rocky Mountain Fur Co., whose com- mand of volunteers had been defeated by the Arikaras at their vil- lage on the 2d of the same month, with a loss of fourteen killed and nine wounded, besides considerable prop- erty. The remainder of the force escaped by descending the river on their two keel- boats. Colonel Leavenworth's force traveled partly on foot and partly in three keel-boats, GENERAL HENRY LEAVENWORTH6 and was forty-eight days in ascending the river to the Arikara village, computed at 640 miles. Major Joshua Pilcher, then president of the American Fur Co., who was at Ft. Lisa at the time, overtook and passed Col- onel Leavenworth, and awaited him at Ft. Recovery with a force of 40 men and 400 to 500 Sioux. General Ashley's command also joined Colonel Leavenworth at this place. The whole force of about 800 men attacked the Indians on the 9th and iothof August, and soon after the latter date they abandoned their villages and in some way they took fire and were burned. The fighting was indecisive and the casualties were small. Two Sioux were killed and two whites and two Sioux were wounded. About 30 Arikaras were killed. Colonel Leavenworth's command reached Ft. Atkinson on the return trip near the end of Au- gust without having duly accomplished its object of subduing the troublesome Arikaras.4 On the 16th of May, 1825, General Atkin- son and Benjamin O'Fallon, Indian agent, 1 American State Papers, vol. 6, p. 226. 2According to reports of the adjutant-general, "in 1822 Ft. Atkinson was garrisoned by the 6th Regt. Inf., total 490, 29 commissioned officers; in 1823 by the same regiment with a total of 379, 22 officers; in 1824 by the same regiment, with a total of 423, 33 officers; in 1825 by four companies 1st Inf. and ten companies of the 6th Inf., total 694, 47 officers; in 1826, ten companies 6th Inf., 472 in all, of whom 125 were reported sick.— (See Mil. Aff., vol. 2, pp. 456, 558, 706; vol. 3, pp. 115-34.) s William Henry Ashley, distinguished in the early fur trade of the West, was born in 1778, in Pow- hatan county, Va. He settled in St. Louis in 1802, where he was engaged in various enterprises such as banking, real estate, mining, and powder making. He took an active part in developing the militia of the state, of which he became captain in 1813, colonel in 1819, and general in command in 1822. In 1820 he was elected the first lieutenant-governor of the state of Missouri, and from 1831 to 1837 was a member of Congress. He was a partner with An- drew Henry in the Rocky Mountain Fur Co. in 1822, which at the start was not successful, but in which he afterward made an immense fortune. He re- turned home from Washington very much broken in health, and died Mar. 26. 1838. It is said that he was married four times, but of his earlier marriages but little is known. Oct. 26, 1825, he was married to Elizabeth Christy, daughter of Maj. William Christy. She died in 1830, and in 1833 he was mar- ried to a Mrs. Wilcox, who survived him. 4 An extended account of this campaign may be found in Chittenden's History of the American Fur Trade, vol. 1, p. 588. 5Henry Leavenworth was born in Connecticut. Appointed from New York captain 25th Inf., Apr. 25, 1812; transferred to 2d Inf., May 17, 1815; major 9th Inf., Aug. 15, 1813; lieutenant-colonel 5th Inf., Feb. 10, 1818; transferred to 6th Inf., Oct. 1, 1821;142 HISTORY OF NEBRASKA commissioners to treat with the Indians of the Upper Missouri, left Ft. Atkinson with an escort of 476 soldiers and proceeded up the river to a point 120 miles above the mouth of the Yellowstone. The expedition arrived at Council Bluff, on its return, September 19. The commissioners made treaties with the nu- merous tribes who lived along the river, and the determination of the English to encroach upon the Indian trade of this region, even at that late date, is shown by the fact that all the treaties contained an agree- ment on the part of the In- dians to arrest all foreign intruders and turn them over to an agent of the fed- eral government. While from the time of our first ac- counts of the life of the In- dians of the trans-Missouri plains there was incessant warfare between the various tribes, yet, until white set- tlers crowded into the Ne- braska country after its po- litical organization, and the construction of the Pacific railway showed the Indians in a plain object lesson that the game upon which they depended for sustenance would soon be entirely driven from the plains, their relations with the whites were generally peaceable and their depredations seldom ex- 1 % JOHN PIT.CHER ® SON OF MAJOR JOSHUA PILCHEE ceeded thieving, to which their constant needs stimulated their native inclination. And so, previous to the year 1864, serious disturbances on our frontier were infrequent, and warfare only of a desultory nature occurred, military expeditions were meant mainly as demonstra- tions of power, and the military posts, few and far between and even then but meagerly garrisoned, served as a precautionary, rather than an actual defense.1 In the meantime, however, the Indians en- tertained themselves with the most active and relent- less intertribal warfare. The Sioux and Cheyennes, who in the later years of provocation were cruel ene- mies of the whites, in 1847 were classed with the Gros- ventres, the Mandans, and the Poncas as "excellent Indians, devoutly attached to the white man, and live in peace and friendship with our government." But the same competentwitness tes- tifies that war is the natural element of the untaught In- dian, and though those of his agency have been "re- markably pacific for some time, God only knows how long they will remain so."2 The characteristic thieving propensities of the Pawnee Indians led them to prepare to colonel 3d Inf., Dec. 16, 1825. Died July 21, 1834. Brevet rank—brevet lieutenant-colonel, July 15, 1814, for distinguished and meritorious service at the bat- tle of Chippewa; brevet colonel, July 25, 1814, for distinguished service at Niagara Falls; brevet brig- adier-general, July 25, 1S24, for ten years' faithful service in one grade. 'The Secretary of War, in his report for 1842, repeated a former recommendation for the establish- ment of a chain of military posts from Council Bluff to the mouth of the Columbia river, partly "to counteract and control hostile dispositions of Indians, who are exposed to the influence of traders and foreign emissaries"; but he also urged that "we must occupy our territories on the Pacific if we in- tend to maintain our right to them." It was pointed out that communication by sea with the disputed Oregon country required five months, which was impracticable for the purpose of encouraging and protecting American settlement there.—(Ex. Docs., 1842-43, Doc. 2, p. 186.) At the same time the quartermaster-general advised that no other works than ordinary picketed works should be constructed between Ft. Leavenworth and St. Peters, since all the Indians northeast of the Missouri river would soon be crowded out.—(Ibid., p. 222.) Gen. Win- field Scott in his report as commander-in-chief of the army for the year 1844 said that to prevent Indian hostilities by the exhibition of military force on and beyond our frontier, "detachments of the 1st regular dragoons made wide circuits in the Indian country."—(Ex. Docs., 1844-45, vol. [or Doc.] 2, p. 129). £G. C. Matlock, agent at Upper Missouri agency, Rept. Comr. Ind. Affairs, 1847.—(Ex. Docs., 1847-48, vol. 2, Doc. 8.) 'John Pilcher was born at a place, later known as Rockport, between the present site of Omaha and Ft. Calhoun, Neb., Dec. 25, 1833, and died at his home in Quinton, Neb., Jan. 5, 1898. His fatherTERRITORIAL MILITARY HISTORY 143 attack Fremont's party on the Solomon river, as it was returning from the Columbia river in June, 1844, notwithstanding that they were receiving an annuity through the federal gov- ernment. Major Wharton learned of this in- tended assault, soon after, at Bellevue, where he made an appropriate talk on the subject to the principal chiefs and braves and gave pres- ents to six principal men of the Pawnee Loups who interposed, resolved to protect the ex- plorer or die with him.1 The Pawnees south of the Platte and those on the north side were hostile to one another, and Pawnee parties committed outrages on Cabanne's peltry boats* in the spring of that year. The year 1847 was one of general tranquillity among the treaty Indians and others near them; but there were some depredations by Sioux living on the Mis- sissippi, and who received annuities, especially upon the Winnebagos, their hereditary enemies; The Iowas attacked a lodge of the Omahas, bait under threat of the Indian department to withhold their annuity they made reparation. was Maj. Joshua Pilcher.(see p. 71, vol. I) a Vir- ginian by birth, and his mother, a daughter of Michel Barada, was a French-and-Indian- woman of the Omaha tribe. His father, Major Pilcher, became president of the Missouri Fur Co. in 1821 upon the death of Manuel Lisa and continued at its head until its dissolution in 1830. He was for two years in charge of the post of the American Fur Co. at Coun- cil Bluff, the present site of Ft. Calhoun. He was very popular in government circles, and was super- intendent of Indian affairs, stationed at St. Louis. He died June 5, 1843. John Pilcher, whose mother died when he was three weeks old, and who was but ten years old when his father died, was brought up binder the care of Chief Big Elk of the Omahas, who was determined to make a warrior of him. He at- tended only eight months at the Bellevue Mission -school, but the vast amount of business which was intrusted to him in later life, officially and otherwise, was conducted in an able manner, notwithstanding liis limited education. He was married Apr. 27, 1860, to Harriet L. Arlington, who had come with her parents to Nebraska territory in 1855. They lived at the Omaha agency until 1865, and then entered a claim in Burt county, where they lived for seven years. After proving up on this homestead, and "buying 160 acres additional, two and one-half miles from Oakland, Mr. Pilcher sold out there, and re- moved to the Omaha reservation, where he was al- lotted 160 acres of land and his children were allotted 80 acres each. John Pilcher was afterwards ap- pointed captain of the police and government inter- preter. In Nov., 1884, he was engaged by a French count to travel in Europe with a troup of Indians, as interpreter. He was abroad nearly a year, and visited all the principal cities of Europe, receiving: $100 per tnonth, and all traveling expenses. Mr. Pilcher then Under pressure, the annuity Sioux agreed to pay an indemnity of $4,000 to the Winne- bagos. In the St. Louis superintendency war parties greatly increased during the year. Sioux bands, amounting to 700 or 800 war- riors in some instances, killed over 150 mem- bers of the tribes which the federal govern- ment was attempting to civilize. They made two attacks on the Pawnees during the sum- mer, in one of them killing 23; and since the prowess of the Pawnees lay more in filching than in fighting there was danger of their extermination,2 as well as that of the small band of Otoes and the unwarlike and almost defenseless Omahas by the relentless Sioux invaders. Eighty of the Omahas were killed in these raids during the year.3 The Otoes. struck back and were attacked the second time. The Pawnee and Omaha villages at the time of the attacks on these tribes in the latter part of the year 1847 were near Belle- vue, /'where a number of white families re- side." The white residents were doubtless all attached either to the Indian agency or the returned to his farm, which he brought to a high state of cultivation. Harriet Laing Arlington, who married John Pilcher, was a daughter of Aaron and Harriet (Laing) Arlington, and was born in Phila- delphia, Pa., Aug. 28, 1841. She received a high school education in the city of her birth, and was brought to Omaha, Neb., by her parents in Nov., 1855, and has since been a continuous resident of the territory and state. She is a member of the Order of the Eastern Star, and a member of the Methodist church of Pender, Neb., where she now resides. Ten children were born to Mr. and Mrs. John Pilcher, six of whom are living: Mrs. Ida Josephine L&mson, born Apr. 27, 1861, died Sept. 21, .1901; Charles Walter Pilcher, born June 13, 1863, Quinton, Neb.; Mrs. Minnie Belle Hamilton, born Dec. 25, 1865, Omaha agency; Mrs. Elsie Grace Springer, born March 26, 1867, Pender, Neb.; Emily Arlington Pilcher, born July 4, 1870, died Oct. 1, 1870; Mrs. Etta May Brownrigg, born Oct. 31, 1871, Quinton; Mrs. Mary Virginia Phillips, born Dec. 22, 1875, died May 2, 1902; Mrs. Amelia De Loise Hill, born Feb. 5, 1878, Pender; William H. H. Pilcher, born May 22, 1881, Omaha; and John Louis Pilcher, born May 23, 1885, died May 24, 1885. Mr. Pilcher was an industrious man, strictly temperate, and highly respected. He was earnest in his purpose to educate his children, and was rewarded before his death by seeing them all hold creditable positions. 1 Rept. Comr. Ind. Affairs, 1844, Doc. 2, p. 438; Fremont's First and Second Expeditions, p. 174, and note. 2 Ex. Docs., 1847-48, Doc. 8; Rept. Sec. War, p. 70 ; and of Supt. Ind. Affairs, St. Louis, p. 742. 8 Ibid., Rept. Agt. Council Bluffs Agency, 1847.144 HISTORY OF NEBRASKA missionary establishment. The hostile parties were from the St. Peter Sioux. Other at- tacks were made by wild, that is, non-annuity Indians.1 The Secretary of War recom- mended the establishment of a small military post at the mouth of the Platte for the pro- tection of the Omahas, Otoes, Poncas, and other weak tribes in the vicinity of the Sioux on the Platte and Missouri rivers, in connec- tion with the post to be established near Grand Island—afterward called Ft. Kearney. The fact that there was less annoyance of emi- grants on the Missouri frontier by the Indians and less trouble among the Indians themselves in 1848 than usual was ascribed to the judicious control of annuities 2 In the spring of 1848 the Iowas, under White Cloud, killed many Paw- nees, principally women and children, on their way home from the Coun- cil Bluffs agency with corn to keep them from starving. In July of this year, while a party of Pottawattomies, Kansas, Kickapoos, and Sacs were hunting buffalo on the plains, a party of Pawnees sent a peace messenger to them who was well received, but he was shot by a young Kansan while Keokuk, a Sac, was 'Ex. Docs., 1847-48, Rcpt. Supt. Indian Affairs. 2 Rept. Sec. War, 1848, Ex. Docs., 1848-49, vol. 1, Doc. 1, p. 82. sEx. Docs., 1848-49, vol. 1, Doc. 1, p. 83, Rev. Samuel Allis, the veteran missionary and teacher to the Pawnees, in his report for 1847, said: "They are hunted more ferociously than the wild beast hunts his prey . . . and white men's lives are in danger. . . I have had the experience of thir- teen years' hardships, privations, and loss of prop- erty, and what is more, have been shot at, as also my wife." Within the last six months the Sioux had destroyed property belonging to the Pawnees, representing an expenditure of $3,000. 4Capt. Benjamin Contal, of French descent, was born at Plattsburgh, N. Y., Mar. 19, 1819. His CAPTAIN BENJAMIN CONTAL in the act of handing him the pipe of peace. In undertaking to avenge this perfidy the Paw- nees lost five men, and their scalps were brought in by the Pottawattomies and Kick- apoos.3 Having assumed a protectorate over these Indians and with the full purpose of appropriating and occupying their country, no mere exigency, such as the Mexican war, ex- cused the failure of the federal government to afford these agency Indians reasonable pro- tection of life and property from the savage enenves of both guardian and wards. Besides, the dereliction was the fame before and after the Mex- ican war. A like excuse was offered during the Civil war, but for several years after its close there was the same failure to meet the demands of palpable conditions. It is true that these condi- tions were vexatious and difficult to deal with in the extreme, but while the aggression of the dominant race was the irritant cause of these troubles, it seems that there should have been more readiness in meeting them. Our handling of the red race question as well as our black race question ought to disturb somewhat our over- weening self-complacency and self-confidence. father, Jacob Contal, enlisted in the 6th U. S. Inf. as a drum-major, and accompanied the regiment to- Ft. Atkinson, near the present site of Ft. Calhoun, Neb., in 1819. In 1824 he was joined by his wife and son Benjamin. Thus Benjamin Contal became a resident of what is now the state of Nebraska in the year 1824, when he was but five years of age. At the age of thirteen years, Benjamin enlisted as a drummer boy in Co. K, 6th U. S. Inf., and served five years. The Black Hawk war occurred during his enlistment, and his company helped to capture the famous Indian chiefs, Black Hawk and Keokuk. In 1837 Mr. Contal enlisted in Captain Morgan's- famous spy battalion of Missouri militia, which was sent against the Seminole Indians in Florida. After his discharge he soon enlisted in the 5th U. S. Inf., but was transferred to the 6th Regt. and served on the frontier until his discharge. He then followed'TERRITORIAL MILITARY HISTORY 145 In 1848 the Sioux killed 28 Pawnees and 26 Otoes,1 and the agent urged the establish- ment of a post at the mouth of the Vermillion river—now in South Dakota—as a barrier to their bloodthirsty incursions, and for the ar- rest of dishonest white intruders into the In- dian country. "Not a few" white men were settling on the Iowa state line twenty miles below, "with no ostensible object in view but to sell whiskey to the Sioux Indians and white men in the Indian country." The agent of the upper Platte and Arkansas tribes,3 in his report for the same year, complains that for nearly a year past the country in question had been occupied by a large force of volunteer troops, many more than were ac- tually required. On the upper Arkansas there was a battalion of 500 infantry, artillery, and mounted riflemen, but this formida- ble force had not succeeded even in acting on the de- fensive, as the Indians "took by force many of their horses." In the opinion of this caustic critic "500 men, properly armed and equipped, and under command of an offi- cer who knew his duty and was willing to do it, would soon put the country in such a state ANTOINE CABNEY3 of safety that one man and his wife and child could pass to New Mexico or the Rocky moun- tains unharmed. On the Platte river and in its vicinity were stationed 600 men intended for the protection of the immigrants to Oregon and California, yet I know of no one year, since the first immigrant passed up the Platte river that they suffered more than they have the present one." The Pawnees were the worst of all the Indians in these depredations against the emigrants, on account of their destitute and starving condition. There were offenders, also, among the emigrants, but the wild tribes of the plains had kept far in advance of the white man in the perpetration of rascality. Two outrages of the Indians in their re- lations with the United States were reported. The Sioux attacked the steamboat Martha on the upper Missouri and killed one man, and the Iowas attacked a party of Paw- nees, killing and scalping twelve of them. The Sioux were moving toward the West and at this time there were 2,000 of them living in the region of the head-waters of the Platte. In the summer of 1848 there was a fight be- tween the troops and the Comanche, and a fanning for a time, his farm now being included in the city of St. Louis. He was married about 1840 to Mary Jane Whaley of Jefferson Barracks, Mo. Of this union six children were born: Isabella A. Fos- ter, Chicago; James, deceased; Charles, Prairie du Chien, Wis.; William, North McGregor, la.; Lewis, residence unknown; and Albert, deceased. In 1848 Mr. Contal moved his family to Prairie du Chien, Wis., occupying rooms in the old government fort for a time, and later he conducted a hotel. Selling this, he operated a ferry across the Mississippi river for several years, and then bought a farm near North McGregor, la. When the Civil war broke out Mr. Contal enlisted in the Sth Regt., Ia. Cav., was transferred to the 9th Regt., commissioned a captain, and served as such during the war. He was honorably discharged from the volunteer service in Feb., 1866, and a year later enlisted in the regular army, and was assigned to Co. H, 4th U. S. Inf., and served two years as 1st sergeant. He then re- moved to Omaha, and shortly after to Washington county, and settled 011 a homestead near Fletcher, where he was married to Letitia Shepherd, who sur- vives him. In 1889 they sold the farm and moved to Blair, and there Captain Contal died July 30, 1903. 1 G. C. Matlock, Agt., Ex. Docs., 1848-49, vol. 1, Doc. 1, p. 469. 2 Thomas Fitzpatrick. 3Antoine Cabney (Cabanne) was born in 1837 at Cabanne's trading post situated on Cabanne's creek near the present site of Ft. Calhoun. He is a son of John P. Cabanne, who was so prominently con- nected with the American Fur Co., and Mary Jane Barada. The latter was a daughter of Michel Ba- rada, who died in Bellevue, Neb., in an early day, and an Indian woman of the Omaha tribe. Owing to a mistake of the Indian agent at the time of Mr.146 HISTORY OF band of Pawnee Indians in the southwest, on the Cimarron river. The commissioner of Indian affairs was not, at this time, encour- aged by the condition and prospects of his wards, and he pointed out that the contact and competition of this inferior race with the su- perior whites must prove disastrous to it, and he advocated the plan of segregating the In- dians on small reservations, which was carried out thirty years later.1 The Indians along the Oregon and Santa Fe routes were less troublesome than usual in 1849—the year of the beginning of the heavy ov.erland travel to the California gold fields.2 On the 10th of September the Omahas, while on the way home from their summer hunt, were attacked by a band of Sioux and Poncas, but they showed unwonted spirit and, making a stand behind breastworks, in civilized fash- ion, drove back their assailants with a loss of eight or nine men, though they themselves lost four or five men and about 40 horses. On the 14th of September the Otoes, also return- Cabney's registration as a member of the Omaha tribe, the name was misspelled "Cabney," and this spelling, has been followed by Mr. Cabney and his family on account of their property interests. When three years of age Antoine was taken to St. Louis, where he was educated and cared for by the wife of John P. Cabanne. He remained in St. Louis until he was twenty-six years of age, then entered service as an engineer on boats navigating the Missouri river. In 1852, on the. boat "Alonzo Child," he came up the river to Bellevue, accompanied by his aunt, Mrs. Sloan, who was a sister of his mother. On that trip he met his mother whom he had not seen since he was three years old. In the meantime, however, his half-brother Frank, son of John P. Cabanne, had made a trip up the Missouri river and spent some time with the mother of Antoine. In 1844 the mother went to St. Louis, where she mar- ried Edward Loisell, a former clerk of John P. Cabanne's. .By this marriage she had five daugh- ters, three of whom are now living. From 1849 to 1869 Antoine was an engineer on Mississippi and Missouri river steamboats. In the early '70s he went to Kansas and farmed in Sumner county for four years. He then went to Colorado, after which he returned to Kansas. In 1882 he went to Cali- fornia, remaining a year, and in 1883 came again to Nebraska to reside. He settled upon a farm just outside the town of Bancroft, the land having been allotted to him as a member of the Omaha tribe. With the exception of the time spent in Kansas and California, -Mr. Cabney has claimed Nebraska as his home, and is probably the oldest living white settler of the state. While in service on the river boats he resided part of the time in the vicinity of Burt and'Cuming counties, but for some time was a resident of Richardson county. His grandfather, Michel Barada, a white man, represented the Omaha Indians at the conference which drafted NEBRASKA ing from their hunt, attacked a party of Paw- nees, killing eleven of them. They were persuaded to do this by traders whom the Pawnees had robbed. The year 1850 was generally one of peace among the Indians themselves, and also between whites and In- dians.3 In the spring of 1851, 18,000 barrels of military supplies were landed at Ft. Leav- enworth by steamboats to be gradualfy dis- tributed by wagon trains during the summer to the chain of posts on the Oregon route and in New Mexico.4 The Chippeways and Sioux were hostile to each other this year. Though the military posts in the Indian country were maintained at enormous expense,5 on account of the high cost of transportation of supplies, yet it was officially alleged that these posts, and in par- ticular Ft. Laramie, and Ft. Sumner, just established on the Arkansas, were nearly at the mercy of the Indians and would hardly be able to defend themselves within their own walls.6 the treaty of Prairie du Chien, July 15, 1830. Mr. Cabney was married, May 9, 1859, to Anna Reeves oi St. Louis, and five children have been born to them: Thomas, Eureka, CaL; Mary, de- ceased, married Wm. Lewis of Virginia; Emmett, deceased; and Francis and Reuben, who are now farming upon land in the Omaha reservation, allotted to them by the government In 1856-57 Mr. Cabney served under General Harney on the steamer "Emily" in the Sioux war, at which time Ft. Randall was built. He is a member of the Marine association which was formed in 1852. Although brought up in the Catholic faith, he and his wife are active members of the Episcopal church. *For an important discussion of Indian conditions and policies see the report of the commissioner of Indian affairs and of the superintendent at St. Louis, Ex. Docs., 1848-49, vol. 1, pp. 385 and 435. Many sociologists of the present time see in the apparent loss of ground by the negroes in competition with the reawakened whites of the southern states illustra- tion of the principle that a distinctively weaker race will be trodden down rather than raised up' in actual competition with a distinctively superior people. 2 Rept. Comr. Ind. Affairs, Ex. Docs., 1849-50, vol. 3, pt. 2, p. 942. 8 Ibid., 1850. 4 Rept. Sec. War, Ex. Docs., 1851-52, vol. 2, pt. 1, Doc. 2, p. 289. ,BIn 1851 it cost $19 per hundred pounds to trans- port stores for troops in New Mexico; and the rate per hundred pounds from Ft. Leavenworth to Ft. Kearney, in 1849, was $6; in 1850, $4.47; in 1851 and 1852, $3.80.—{Rept. Sec. War, 1851, Ex. Docs., 1851- 52, pt. 1, vol. 2, Doc. 2, p. 297.) 6 Report Thos. Fitzgerald, agent at Ft. Laramie, in Rept. Comr. Ind. Affairs, 1851, Senate Docs., vol. 3, Doc. 1, p. 335.TERRITORIAL MILITARY HISTORY 147 The tribes of the Council Bluffs agency also—Otoes and Missouris, Omahas and Paw- nees—"lived on terms of peace and good will" during the year 1851.1 There were no re- ports of disturbances in the Nebraska country during the following year, though a band of Santees of about sixty lodges and some Yank- tons, "who infest the waters of the Big and Little Sioux," committed depredations on the white settlers of the northwestern Iowa fron- tier. At Ft. Dodge, on the Iowa frontier, as well as at Ft. Ripley, in Minnesota, there was "nothing to defend," and withdrawal of troops LOUIS NEALS4 from Ft. Kearney and construction of a mili- tary post at the junction of the Republican 'Agent's report in Kept. Comr. Ind. Affairs, 1851, Senate Docs., vol. 3, Doc. 3, p. 356. 'lRept. Q. M. Gen., 1852, and Col.T.T. Fauntleroy, of 1st Drag., Ex. Docs., 1852-53, pt. 2, vol. 1, p. 71. 3B. Gratz Brown, born in Lexington, Ky., May 28, 1826; settled in St. Louis in 1850; member of legis- lature, 1852-54; colonel in Union army, 1861-62; United States senator, 1863-67; governor, 1871-73, and died Dec. 13, 1885. 4 Louis Neals, Decatur, Neb., was born at Ft. Leavenworth, Kan., Sept. 22, 1832. He is the son of Louis and Mary (Rogers) Neals. Louis Neals, Sr., was born in Vermont about the year 1805 and died in Iowa in 1855. Mary .(Rogers) Neals was a mem- ber of the Omaha tribe, her mother being an Omaha woman and her father a native of Virginia. She was born and raised in St. Louis, where she received her education. Her father was superintendent of Indian affairs there and was stationed at Ft. Leaven- worth, Kan. Louis Neals has but little education, except what he has acquired by his own efforts. He and Kansas rivers was advised by military authorities.2 It was urged that there was a common road to this point from Ft. Leaven- worth leading to Oregon and to Santa Fe. With the exception of the Blackfeet, the In- dians of the Upper Missouri agency were peaceable and among themselves were faith- ful to the Ft. Laramie treaty during 1853. This treaty was the result of a council which began September 1, 1851, and lasted eighteen days. It was conducted by D. D. Mitchell, superintendent of the central superintendency. B. Gratz Brown,3 who was a candidate for SUSAN FONTENEI.LE NEALS vice-president of the United States in 1872 on the Greeley ticket, was assistant secretary was employed on the plains for several years, as teamster and train master, in the early '50s carrying the mail from Independence, Mo., to Salt Lake City. Mr. Neals resided in Jackson county, Mo., from 1850 until the spring of 1856, and was in the livery business there a short time, but was forced to leave the county during the border warfare on account of his political views. He arrived in Nebraska in 1856 and settled on what was then the half-breed tract, now in Nemaha county, where his mother and her family had settled in 1854, and where the mother died in 1856. In the fall of 1878 he removed to the Omaha reservation in Thurston county, where he has since resided with the exception of six years spent in Bellevue, Sarpy county. Mr. Neals is a veteran of the Civil war and was quartermaster- sergeant of Co. D, 1st Bat. Neb. Vet. Vol. Cav. from Jan. 1. 1863, to July 10, 1865. He is a mem- ber of the Presbyterian church of Decatur. He has been a member of the Masonic order since 1874. He is also a member of the Knights of Pythias148 HISTORY OF NEBRASKA of this council, and Father De Smet, "the cel- ebrated missionary," as he is called in the superintendent's report, put his intimate knowledge of the Indian country to use by assisting- in making a map of the territory occupied by the tribes which were parties to the treaty. There were 8,000 to 12,000 In- dians at the council, and eight tribes entered into a treaty of friendship which had an ap- preciable and lasting influence in maintaining peaceable relations between the Indians of the plains. The sanguine superintendent indulged in the visionary hope that this compact would lead the Indians who were subject to its in- fluence to abandon their wild life and become an agricultural people.1 Near the end of Platte and Arkan- sas agency that Sioux from the north had driven off the Arap- ahos, Chevennes, and Pawnees, who in turn encroached on the southern tribes.2 In 1854 one of the most shocking tragedies in the history of our intercourse with the In- dians occurred in the Platte valley near Ft. Laramie. A young Indian belonging to a large body of Brule, Ogallala, and "Minicon- jon" Sioux, numbering between 1,000 and 1,500 warriors, killed and appropriated a lame cow belonging to a Mormon emigrant. Ac- cording to the story of the Indians, the animal had strayed into their camp, which was situ- ated on the Oregon trail, between the trading house of the American Fur Co., under James Bordeaux, and that of P. Chouteau, Jr., & Co., five and eight miles respectively below Ft. Laramie. The Mormon appealed to the com- mandant at the fort for indemnity for his loss, and in the eve- ^«igjv . ||jw ning of the follow- I ing day Brvt. 2d Lieut John L- t h (•' I nil i';l 11 camps under orders to bring in the offender. Refusal to comply with the demand for his surrender quickly resulted in a discharge of small arms MAJOR STEPHEN STORY AND WIFE 4 Lodge No. 1, of Omaha. He was married in 1S56, at Bellevue, to Susan Fontenelle, who was the daughter of Lucien Fontenelle and only sister of Logan, chief of the Omaha tribe. Mrs. Neals died at Bellevue, June 24, 1897, and was buried there. Mr. Neals at present resides in Decatur with his daughter, May, who is the wife of James Lambert. 1Rept. Comr. Ind. Affairs, Senate Docs., 1851-52, vol. 3, Doc. 1. 2 Rept. Upper Platte Agency, Ex. Docs., 1853-54, vol. 1, pt. 1, Doc. 1, p. 370. 3John L. Grattan was born in Vermont; appointed from New Hampshire brevet 2d lieutenant 6th Inf., July 1, 1853. Killed Aug. 19, 1854. 4 Stephen Story, first white settler of southeastern Nebraska, was born in Vermont, Jan. 8, 1810, and died in Rulo, Neb., Jan. 27, 1882. His parents re- moved to near Montreal, Can., in 1S12, and Stephen remained there until he became of age. He then engaged in the lumber business, and in 1836 went to the Black Snake Hills trading post of Joseph Roubi- doux, with whom he remained for many years, en- gaged in trading with the Indians. In 1844 he settled in what is now Richardson county, Neb., and built a cabin near the later site of the town of St. Stephens, which was named in his honor. Discouraged by his heavy losses occasioned by thieving Indians, he returned to St. Joseph and shortly after enlisted for the Mexican war, joining the command of Gen. A. W. Doniphan. At the battle of Monterey he received injuries during a charge from which he never fully recovered. After the war he went to the gold fields of California, where he remained one year. He re- turned to St. Joseph in 1850, and in 1851 settled on a farm embracing the present site of Arago, Richardson county. From here he removed to a point near his former place of residence, where he started a ferry across the Missouri river. After running the ferry a short time, Major Story and B. F. Loan started the town of St. Stephens. In 1857 he disposed of the town site of Arago to a company of Germans from Buffalo, N. Y. When the steam ferry supplanted the flatboat, he retired to a farm two miles from Arago and one mile from St. Stephens, where he lived until 1879, when he removed to Rulo. Major Story was a true type of the pioneer, noble, generous, and hospitable. In 1846 he married Elizabeth Robidoux, a half-breed member of the Iowa tribe, and the widow of Faron Roubidoux, by whom he had thirteen children, three of whom are living: Mary S., wife of Peter Murphy, Brown county, Kan.; John, Hiawatha, Kan.; andTERRITORIAL MILITARY HISTORY 149 and the howitzers by the soldiers; but they had time for only a single volley when they were immediately overwhelmed by the sav- ages, only one man escaping, and he died of his wounds soon afterward at the fort. The Bear, head chief of the band, was killed and one Indian was wounded in the discharge of Grattan's musketry, but the artillery was aimed too high for effect. Their butchery of Grattan's little band appears to have awakened in the Indians their inherent savagery, and they proceeded to the trading houses of Bor- deaux and Chouteau with the intent to both kill and rob. But these French- men were able to exercise their proverbial pacifying influence over the In- dians, and they were con- tent with pillaging the stores of the traders. Bor- deaux pleaded with them throughout a night of awful suspense to refrain from further destruction of life if not of property.1 After the tragedy these bands tried to enlist In- dians of the upper Mis- souri agency in a general war on the whites. For some time they kept war parties continually on the road between Ft. Pierre and the Platte river.2 Accepting the statement of the traders and the civil agent of the government that the :r NI-CO-MI (VOICE OF THE OF PETER Only picture ever taken of Ni- Indians were provoked by Lieutenant Grattan in their attack on his command which, once begun, inevitably resulted in their destruction, yet the subsequent conduct of these Indians explains if it does not justify the vengeance visited upon them by General Harney near Ash Hollow a year later. During the summer of 1854, near the Kan- sas river, north of Pawnee Fork, 1,500 Kiowa, Comanche, Cheyenne, and Osage Indians, armed with bows and arrows, attacked 100 Sacs and Foxes who used their good rifles so effect- ively that, after charging on the little band several times, the assailants re- tired with a loss of sixteen killed.3 Brvt. Brig.-Gen. Wil- liam S. Harney was al- ready noted as a cam- paigner throughout the Indian country of the West and Southwest when he was sent in the fall of 1855 t° punish the Sioux for the Grattan massacre. These Indians had broken faith with the whites by persistently infesting the Oregon trail, and they were a constant terror to the emigrants who at this time passed along the continental highway in great numbers; but their unwelcome intrusion gave their pursuer a welcome and easy opportunity to execute WATERS) INDIAN WIFE A. SARFY 4 co-mi; its first reproduction Stephen, Skagwav, Alaska. Mrs. Story was born near the present site of Council Bluffs, la., in May, 1823. She was first married to Faron Roubidoux, and after his death she married Stephen Story. Mrs. Story was a member of the Holiness church. After the death of Major Story she made her home with her daughter, Mrs. Dudley Van Valkenburg, of Rulo, where she resided until her death, Dec. 1, 1900. Mrs. Van Valkenburg is a step-daughter of Stephen Story and a granddaughter of Joseph Roubidoux, who with her father, Faron Roubidoux, founded the city of St. Joseph, Mo. 'Ex. Docs., 1854—55, vol. 1, pt. 2, pp. 38-40. There is a marked discrepancy between the ac- counts of this massacre found in the military reports and those of the traders and the Indian agent at Ft. Laramie. James Bordeaux, an eye-witness of the battle, says that Grattan was a foolhardy aggressor, and J. W. Whitfield, Indian agent, reported that his want of knowledge of Indian character and a drunken interpreter were responsible for the trouble. Indians were very sensitive to the disgrace of sub- mitting to arrest, and they made a very plausible showing of lack of evil intent in their alleged of- fense.— (Refit. Comr. Ind. Affairs, Ex. Docs., 1854- 55, vol. 1, pt. 1, pp. 301-5.) 2 Report of Upper Missouri Agent, in Rept. Comr. Ind. Affairs, Ex. Docs., 1854-55, vol. 1, pt. 1, p. 296. "Report of O. F. Winship, acting adjutant-general. "Ni-co-mi (Voice of the Waters) was, in her youth, a very beautiful Indian woman of Omahai5° HISTORY OF his terrible task. On the evening of Septem- ber 2, General Harney's command camped at the mouth of Ash Hollow which, on account of the water, wood, and shelter it afforded, had long been a favorite and noted halting place for the California and Oregon emigrant trains. This rendezvous of the whites was naturally under the watchful surveillance of hostile In- and Iowa descent, graceful in form, having wonder- fully large and brilliant eyes, and a very command- ing presence. She was born about 1808, and about 1825, she married, according to Indian custom, Dr. John Gale, surgeon of the 6th Regt. U. S. Inf., by whom she had two children, one' dying in intancy, the other, Mary, to whom was given the Indian name* of Hin-nu-ga-snun, meaning "One Woman" or "The First Woman," a very honorable distinction in the Otoe tribe. With the removal of the 6th Regt. to Ft. Leavenworth, Dr. Gale was obliged to leave Ni-co-mi. He returned once'to take his little girl, so that he could send her to his own people to be edu- cated, but, finding that the younger child had died, he had not the heart to take the other, and went back to his post. He afterwards became very ill, and, knowing that he could not live, he made the trip up the river, under great difficulties, again de- termined to take the little girl and send her to his relatives. Knowing the mother would not consent, he bribed an Indian to take the little one to the landing at the ^ time the steamboat was ready to leave. The Indian in sympathy with Ni-co-mi took pity on her and divulged the plan to rob her of the child. The mother fled to the woods with the baby and remained in hiding until the bqat had gone. Dr. Gale, greatly disappointed, died when St. Louis was reached, and his body was taken on to Ft. Arm- strong, at Rock Island, la., and buried there. Dr. Gale once saved the life of Col. Peter A. Sarpy, re- sulting in a strong friendship between them, and on the occasion of their last interview he asked Colonel Sarpy to look after Ni-co-mi's comfort, and see that she and her child were well cared for. Four years after Dr. Gale's death, having waited the time speci- fied by Indian custom before contracting a second marriage, Ni-co-mi married Colonel Sarpy. This was about the year 1834, as nearly as can be reck- oned by Indian dates. In 1843, when Mary, the daughter of Ni-co-mi, was about sixteen years old, she was married to Joseph LaFlesche, who was at this time in partnership with Sarpy in his trade with the Indians. In 1839 Sarpy finally succeeded in per- suading Ni-co-mi to go to St. Louis with him to live, promising her that she should return at least once a year to visit her tribe. She returned soon, but several years later again went to St. Louis, this time accompanied by Mr. and Mrs. La Flesche. They remained in St. Louis about a year where they lived in keeping with the wealth which Mr. Sarpy had acquired: but Ni-co-mi was unhappy so far from her people and among such different surround- ings and insisted upon returning to Nebraska. Sarpy sent for her during his last illness, and she went to him at Plattsmouth, Neb., where he made provision for her in his will. She lived to be very old, but never again consented to leave her home among the Indians. After the death of Colonel Sarpy Ni-co-mi lived with her daughter, Mrs. LaFlesche, until her death, Mar. 23, 1888. Mary LaFlesche is somewhat taller than Ni-co-mi, graceful in bearing, and though NEBRASKA dians, and it was in its near neighborhood that General Harney found and nearly anni- hilated the reputed murderers of the unwary Grattan and his luckless command. The story of vengeance is best told in General Harney's report to the Secretary of War.1 There were at this time about 180,000 In- dians within the territory covered by the mili- not so beautiful as her mother is very much be- loved by her white neighbors, as also by her own people, with whom she is very influential. She is very industrious, and in youth had a wonderful taste in ornamental Indian work. She still (1905) lives on the home farm near Bancroft, Neb., with her daughter, Dr. Susan Picotte. 1 "Headquarters Sioux Expedition, "Camp on Blue Water Creek, iV. T., Sept. 5, 1855. "Colonel: I have the honor to report, for the in- formation of the general-in-chief, that on my arrival at Ash Hollow, on the evening of the 2d instant, I ascertained that a large portion of the Brule band of the Sioux tiation, under 'Little Thunder/ was en- camped on Blue Water creek (Mee-na-to-wah-pah) about six miles northwest of Ash Hollow, and four from the left bank of the North Platte. "Having no doubt, from the information I had re- ceived from the people of the country I had pre- viously met on the road, and from the guides accompanying me, of the real character and hostile intentions of the party in question, I at once com- menced preparations for attacking it. I ordered Lieut.-Col. P. St. Geo. Cooke, 2d Drag., with com- panies 'E' and 'K' of the same regiment, light com- pany 'G/ 4th Art, and company 'E,' 10th Inf., all mounted, to move at 3 o'clock a.m., on the 3d in- stant, and secure a position which would cut off the retreat of the Indians to the Sand Buttes, the re- puted stronghold of the Brules. This movement was executed in a most faultless and successful manner— not having apparently attracted the notice or excited the suspicion of the enemy up to the very moment of the encounter. "At 4V2 o'clock a.m., I left my camp with com- panies 4A/ 'E,' 'H,' '1/ and 'K/ 6th Inf., under the immediate command of Maj. A. Cady, of that regi- ment, and proceeded towards the principal village of the Brules, with a view to attacking it openly in con- cert with the surprise contemplated through the cav- alry. But before reaching it, the lodges were struck, and their occupants commenced a rapid retreat up the valley of the Blue Water, precisely in the direc- tion from whence I expected the mounted troops. They halted short of these, however, and a parley ensued between their chief and myself, in which I stated the causes of the dissatisfaction which the government felt towards the Brules, and closed "the interview by telling him that his people had de-. predated upon and insulted our citizens whilst mov- ing quietly through our country; that they had massacred our troops under most aggravated circum- stances, and that now the day of retribution had come; that I did not wish to harm him, personally, as he professed to be a friend of the whites; but that he must either deliver up the young men, whom he acknowledged he could not control, or they must suffer the consequences of their past misconduct, and take the chances of a battle. Not being able, of course, however willing he might have been, toTERRITORIAL MILITARY HISTORY tary department of the west, comprising all the region between the Mississippi river and the Rocky mountains, and there could be spared to garrison and patrol this vast area 1,855 officers and men. According to the rep- resentations of the local traders and Indian deliver up all the butchers of our people, 'Little Thunder* returned to his band to warn them of my decision, and to prepare them for the contest that must follow. "Immediately after his disappearance from my view I ordered the infantry to advance, the leading company (Captain Todd's) as skirmishers, supported by company 'H,' 6th Inf. (under Lieut. John Mc- Cleary), the remaining companies of the 6th being held in hand for ulterior movements.# The skirmish- ers undfer Captain Todd opened their fire, crowned the bluffs on their fight bank of the stream (where the Indians had taken up their last position) in a very spirited and, gallant m.anner, driving the sav- ages therefrom into the snare laid for them by the cavalry, which last troops burst upon them so sud- denly and so unexpectedly as to cause them to cross, instead of ascending, the valley of the Blue Water, and seek an escape by the only avenue now open to them, through the bluffs of the left bank of that stream. But although they availed themselves of this outlet for escape from complete capture, they did not so without serious molestation, for the in- fantry not only took them in flank with their long range rifles, but the cavalry made a most spirited charge upon their opposite or left flank and rear, pursuing them for five or six miles over a very . fugged country, killing a large number of them, and completely dispersing the whole party. This brilliant charge of cavalry was supported, as far as practicable, by the whole body of the infantry, who were eager from the first for a fray with the butchers of their comrades of Lieutenant Grattan's party. "The results of this affair were, 86 killed, 5 wounded, about 70 women and children captured, 50 mules and ponies taken, besides an indefinite number killed and disabled. The amount of provisions and camp equipage must have comprised nearly all the enemy possessed; for teams have been^ constantly engaged in bringing into camp everything of any value to the troops, and much has been destroyed on the ground. "The casualties of the command amount to 4 killed, 4 severely wounded, 3 slightly wounded, and one missing, supposed to be killed or captured by the enemy. I enclose herewith a list of the above, and also field returns exhibiting the strength of the troops engaged in the combat. "With regard to the officers and troops of my command, I have never seen a finer military spirit displayed generally; and if there has been any ma- terial difference in the services they have rendered, it must be measured chiefly by the opportunities they had for distinction. Lieutenant-Colonel Cooke and Major Cady, the commanders of the mounted and foot forces respectively, carried out my instruc- tions to them with signal alacrity, zeal, and intelli- gence. The company commanders, whose position either in the engagement or in the pursuit brought them in closest contact with the enemy, were Cap- tain Todd, of the 6th Inf., Captain Steele and Lieu- tenant Robertson, of the 2d Drag., and Captain Heth, 10th Inf. Captain Howe and his company ('G,' 4th 151 agents and to some criticism in the national Congress, Harney's achievement was an un- warranted butchery rather than a victory, but, wherever truth and justice lie, now difficult to find, the battle was "a thunder-clap" to the hostile Sioux;1 and from the point of view Art.) participated largely in the earlier part of the engagement, but, for reasons stated in his command- ing officer's report, he took no active part in the pur- suit. Brevet Major Woods, Captain Wharton, and Lieutenant Patterson, of the 6th Inf., with their companies, rendered effective service as reserves and supports, taking an active share in the combat when circumstances would permit. Colonel Cooke notices the conduct of Lieutenants Buford and Wright, regi- mental quartermaster and adjutant of the 2d Drag., in a flattering manner. Lieutenants Drum, Hudson, and Mendenhall, 4th Art., Lieutenants Hight and Livingston, 2d Drag., and Lieutenant Dudley, 10th Inf., gave efficient aid to their company commanders. "I should do injustice to Mr. Joseph Tesson, one of my guides, were I to omit a mention of his emi- nently valuable services in conducting the column of cavalry to its position in the rear of the Indian vil- lages. To his skill as a guide and his knowledge of the character and habits of the enemy, I ascribe ' much of the success gained in the engagement. Mr. Carrey, also, chief of the guides, rendered good ser- vice in transmitting my orders. "The members of my personal staff rendered me most efficient service in the field. Major O. F. Win- ship, assistant adjutant-general and chief of the staff, and Lieutenant Polk, 2d Inf., my aid-de-camp, in conveying my orders to different portions of the command, discharged their duties with coolness, zeal, and energy. Assistant Surgeon Ridgely, of the med- ical staff, was indefatigable in his attentions to the suffering wounded, both of our own troops and of the enemy. Lieutenant Warren, topographical engi- neers, was most actively engaged, previous to and during the combat, reconnoitering the country and the enemy, and has subsequently made a sketch of the former, which I enclose herewith. "Captain Van Vliet, assistant quartermaster, was charged with the protection of the train—a service for which his experience on the plains rendered him eminently qualified. Lieutenant Balch of the ordi- nance was also left in charge of the stores of his department. "I enclose herewith several papers found in the baggage of the Indians, some of which are curios- ities, and others may serve to show their disposition towards the whites. They were, mostly taken, as dates and marks will indicate, on the occasion of the massacre and plunder of the mail party, in No- vember last There are also in the possession of officers and others, in camp, the scalps of two white females, and remnants of the clothing, &c., carried off by the Indians in the Grattan massacre; all of which, in my judgment, sufficiently characterize the people I have had to deal with. "I am, Colonel, very respectfully, your obedient servant, "Wm. S. Harney, Bvt. Brig. Gen., &c. "Lieut. Col. L. Thomas, "Asst. Adjt. Gen., Headquarters of the Army, N. Y." 1 Rept. Comr. Ind. Affairs, Ex. Docs., 1855-56, vol. 1, pt. 1, p. 405.r52 HISTORY OF NEBRASKA of the white invader's safety, which, in the last analysis, was of. paramount importance, it was salutary if not necessary. During the year 1856 the federal adminis- tration, and the war department in particular, was kept very busy with the guerilla jay- hawker troubles in Kansas, and the Secretary of War—Jefferson Davis—complained that this disturbance "has .caused the troops sta- tioned there to be diverted from the campaign in which it was designed to employ them against the Cheyenne Indians."1 There was incorporated in the report of the secretary a local statement that "the notorious Jim Lane is now at the head of from 600 to 1,000 armed outlaws and robbers, busily engaged in the work of destruction on the south side of the Kaw river." Lane's base or rendezvous in the fall of 1856 was the southeast corner of Nebraska and southwest Iowa, and his line of operations to Kansas was called "Lane's trail."2 The Cheyenne Indians were aggressively hostile in the upper Platte valley during the fall of 1856. On the 24th of August they fired upon a mail carrier several miles east of Ft. Kearney, wounding him in the arm.3 Capt. H. W. Wharton,4 commandant at the 1Rept. Sec. War, 1856, Ex. Docs., 1856-57, vol. 1, pt. 2, p. 26. 2 On the 28th of Sept., 1856, John W. Geary, gov- ernor of Kansas, sent the following order to P. St George Cooke, commander of the United States forces near Lecompton: "Sir—Having received reliable information that James H. Lane, with a large armed force, with three pieces of cannon, is now about to invade this terri- tory, he having contracted with the ferryman at Ne- braska City for the transit of six or seven hundred men across the Missouri river, commencing on the 26th instant: This is to authorize and request you, with such force as you may deem necessary, to cause the said James H. Lane to be arrested, if he be found within the limits of this territory, and to capture his cannon and any other munitions of war, together with any armed body of men entering this territory, in violation of my proclamation of the 11th of Sep- tember inst., and to bring the said James H. Lane, with his cannon and munitions of war, together with any other prisoners, before me at this place, to be dealt with according to law." Lieut.-Col. P. St. George Cooke, commanding thfc% 2d Drag., reporting to the assistant adj utant-general, * Oct. 7, 1856, from "camp near Nebraska boundary," said that he had "just missed the arrest of the no- torious Ossawatomie outlaw, Brown," who had stopped for the night at a house six miles from the camp; but the party sent to make the arrest at 12 o'clock at night found that Brown had gone. The fort, immediately sent a mounted detachment of forty-one men of Cos. E, G, and K of the 1st Cav., under 1st Lieut. G. H. Steuart,5 in pursuit of the Indians, whom they overtook and attacked 011 Grand Island, some twenty miles from its head, killing ten and wounding about an equal number. There were seventy to eighty Indians in the band, forty-five of them men. On the 25th of August, about thirty miles below Ft. Kearney, a party of Cheyennes attacked Almon W. Babbitt, sec- retary of the territory of Utah, who was on his way to Salt Lake with a train of four wagons. The party was attacked in the night while encamped on the north side of the Platte. Two men and a child were killed, and the child's mother and another passenger of the train were carried off. Mr. Babbitt proceeded on his journey from Ft. Kearney in a carriage with two other men, and at a point on the north side of the Platte, about 120 miles west, all three of the men were killed by Indians and all their property, in- cluding a considerable amount of money, was carried off. In 1857 there was a growing spirit of in- subordination in the wild tribes of the prairies, and there was trouble with Indians in every same report said that about 500 men were waiting at Tabor, la., to go into Kansas, and that the whole movement of "Lane men mercenaries" had for its primary obj ect prevention by rescue of the hanging of the prisoners at Lecompton, taken at Hickory Point. "Lane, himself, they say, is at 'Plymouth Head/ la., six or seven miles beyond Nebraska City, and doubtful when, if ever, he can safely enter the territory. It is said that a piece of cannon was taken through or by Col. Johnston's camp, in a wagon the day before I joined him; Redpath said there were four small pieces at Tabor."—(Ex. Docs., 1856- 57, vol. 1, pt. 2, p. 139). 8 Ex. Docs., 1856-57, vol. 1, pt. 1, p. 106. Mr. Twiss, agent at the Upper Missouri agency, reported that the Indians sent two of their party to beg tobacco of the mail carrier who, being fright- ened, lost his head and shot at them, and that the party saved the lives of the men in charge of the mails and punished the two Indians who returned the carrier.—(Ex. Docs., 1856-57, vol. 1, pt. 1, p. 653.) 4 Henry W. Wharton was born in the District of Columbia; appointed 2d lieutenant 6th Inf. from Alabama, Oct. 31, 1837; 1st lieutenant, Aug. 11, 1838; captain, Feb. 16, 1847; major 9th Inf., Sept. 9, 1861; retired Dec. 1, 1863; died, Mar. 23, 1868. "George H. Steuart was born in Maryland; ap- pointed at large brevet 2d lieutenant 2d Drag., July 1, 1848; 2d lieutenant, Nov. 11, 1849; 1st lieutenant 1st Cav., Mar. 3, 1855; captain, Dec. 20, 1855; re- signed Apr. 22, 1861.TERRITORIAL MILITARY HISTORY 15.3 part of the West and Southwest and on the Pacific Coast. The Cheyennes continued their active hostilities, and on account of their "late outrages against the whites," Colonel Sumner attacked about 300 Cheyennes on Solomon's Fork, July 29. The Indians would not stand against his charge, but their horses were so fleet that they escaped with only nine killed. Sumner's loss was two killed and nine wounded, among the latter, Lieut. James E. B. Stuart, subsequently the great Confederate cavalry leader in the Civil war.1 JOSEPH LA FLESCHE (E-STA-MA-ZA, "IRON EYE")3 On account of the insurrectionary attitude of the Mormons in 1857, Capt. Stewart Van 'Reports of Agent Maj. Robert C. Miller and Col- onel Sumner, Senate Docs., 1857-58, vol. 2, pp. 435-37 2 Stewart Van Vliet was born in New York and appointed from that state, 2d lieutenant 3d Art., July 1, 1840, and rose to the rank of brigadier-gen- eral of volunteers Sept. 23, 1801, and brevet major- general volunteers, Mar. 13, 1865. Mustered out of volunteer service Sept. 1, 1866; appointed colonel assistant quartermaster-general June 6, 1872. "Joseph La Flesche, whose Indian name was E-sta-ma-za, Iron Eye, was the son of Joseph La Flesche, a French trader, and an Indian woman of the Ponca tribe. He was of medium height, and as dark as the ordinary Indian, with keen, piercing black eyes. Possessed of keen insight, good judg- ment, and much executive ability, he attracted the Vliet2 was sent to Utah in advance to procure supplies for the army which was to follow. He started from Ft. Leavenworth with a small force, July 30, 1857, reached Ft. Kear- ney in nine days, and arrived at Salt Lake City on the thirty-fourth day. Col. Albert Sidney Johnston, afterward the famous Con- federate general, escorted by six companies of the 2d dragoons, the 5th and 10th regi- ments of infantry, and Reno's battery, fol- lowed in September, and his command crossed the south fork of the Platte on the 29th. \ y MARY LA FLESCHE (HIN-iNU-GA-SNUN, "ONE WOMAN") Brigham Young, as governor of Utah and ex-officio superintendent of Indian affairs, is- attention of Big Elk, head chief of the Omahas, who, seeing great possibilities in the young man, desired him to become head chief of the Omaha tribe in place of Big Elk's son, who was the natural successor. Joseph LaFJesche, after conforming with the tribal ceremonies required, was adopted into the Omaha tribe and became head chief on the death of Big Elk. Intensely interested in the welfare of his people, La Flesche advocated many reforms. Prophesying the occupation of the country by white people, and foreseeing danger to the Indians from their encroachment, he told his people their salva- tion lay in becoming like the white people, in tilling the soil, in educating their children, and in becom- ing Christianized, in all of which he set them a practical example. His influence with his people was great, and he even succeeded in stamping outi54 HISTORY OF NEBRASKA sued a proclamation forbidding the troops to enter the territory.1 The Secretary of War— John B. Floyd—justified these operations on the ground that Governor Young defied the federal power. Fie had boldly announced that if his newly appointed successor should come to Utah the Mormons would "place him in a carriage and send him back."2 Nevertheless the troops entered and camped in the terri- tory, and the new governor assumed his of- fice. Young, in the meantime, yielded to the chose discretion as the better part of valor. By the beginning of 1858 there was a force of 2,588 in the territory which reinforcements, under orders to march in the spring, would swell to 5,6o6.3 Though the attitude of the commanding general appears to have been as cautious and moderate as that finally assumed by the Mor- mon leader, it was not until the latter part of 1859 that the war department was able to re- port that there was no further need of the SITE OF FT. KEARNEY. PARADE IN THE FOREGROUND From a photograph taken by H. R. Carson in the spring of 1898, and loaned by Moses H. Sydenham. inevitable and, where a weaker man would have been obdurate, this really great leader intemperance among them by the strenuous rules he made, and it was not till 1888 that the Omahas be- gan again to drink. Year after year he labored to secure for the Omahas rights of citizenship, and land in severalty, so their lands could be secured to them by patents. He spoke in the House of Repre- sentatives, on one of his Washington trips, making a plea for his people, and at last, through the aid of Miss A. C. Fletcher of Washington, D. C., the Omahas received government patents for their lands, and he cast his first and last vote, in Nov., 1887, receiving the same year the premium at the Sioux City (la.) corn palace, for the best corn raised in Cuming county, Neb. He married Mary, the daugh- ter of Dr. John Gale and Ni-co-mi, and left seven children: Susette (Bright Eyes) deceased, wife of Thomas H. Tibbies, of Lincoln, Neb.; Francis, Washington, D. C., Rosalie (deceased), married Edward Farley, of Bancroft, Neb. Her fine business ability brought thousands of dollars into Cuming county through the leasing of thousands of acres of army in Utah and that it would be withdrawn during the coming season. It was asserted land from the Indians and the selling of horses and cattle. She was much beloved by her people for her goodness of heart and will be always remembered with deep affection by them. Marguerite, wife of W. T. Diddock, Pender, Neb., and Lucy, wife of Noah Stabler, are both graduates of Hampton (Va.) Normal school; Susan, widow of Henry Picotte, is a practicing physician in Bancroft, Neb.; and Carey, the youngest, is now chief of police and clerk at the Omaha agency. Another son, Louis, died while at school. Francis, Lucy, and Carey were the children of Ta-in-ne, the Omaha wife of Joseph La Flesche. Chief La Flesche died a peaceful Christian death Sept. 24, 1888, at his beautiful farm home, three miles from Bancroft, and is survived by his aged wife. 1Rept. Sec. War, Senate Docs., 1857-58, vol. 3, pp. 32-33. EIbid., p. 38. 3Ibid., 1858, Senate Docs., vol.2, p. 31.TERRITORIAL MILITARY HISTORY 155 by high authority that, "murder and robberies of the most atrocious character have been per- petrated in the territory upon emigrants from the states, journeying towards the Pacific," and that it was the general impression that they were the work of the Mormons, sanc- tioned, if not directed, by the Mormon church.1 If it may not be said that the In- dians loved the Mormons more, they at least hated them less than the gentile whites, and during these years of accumulated troubles the saints were unmo- lested by their savage neighbors. In 1858 it was reported that 30,000 Indians of the Upper Missouri agency were turbulent and discontented, and there was no adequate force to restrain them and protect emigrants to Oregon and Washington. The Arickaras were ill- tempered and at war with the Sioux, and the Crows attacked them on the west. The brief Pawnee campaign of 1859 was the most important local military movement during the territorial "period. About the 1st of July of that year messengers representing citizens of Fontenelle brought news to Omaha 1 Rept. Sec. War, 1859-60, vol. 2, p. 15. 2Thomas Henry Tibbies, editor of the Investiga- tor, Omaha, Neb., was born May 22, 1840, in Wash- ington county, Ohio. When five years old he was taken to Illinois and received his early education in log school houses, sitting 011 a slab. In 1854 he went to Iowa and in 1856 to Kansas, passing through Nebraska. About this time he spent several years on the plains as hunter and guide, and took active part in the border warfare, serving in John Brown's company and later with General Lane. He after- wards attended Mt. Union college in Ohio and dur- ing the Civil war was in the South as newspaper correspondent. He removed to Nebraska to reside permanently in 1873 and settled upon the Republican river, and was one of the first white settlers there. During the grasshopper depredations he was corn- that the Pawnees were systematically and ag- gressively committing depredations upon the property, and outrages upon the persons of the settlors in the Elkhorn valley, from Fon- tenelle northward. These settlers asked for immediate assistance by the territorial govern- ment. When the urgent petition of the mes- sengers was presented, Governor Black was at Nebraska City, then more than a day's jour- ney from the capital, and to meet the emer- gency a petition, numer- ously signed by citizens of Omaha, was presented to }. Sterling Morton, secretary of the terri- tory, to act as governor and immediately send a military force against the Indians. While the provision of the organic act, which constituted the secretary acting gov- ernor in the absence of the governor from the territory, did not cover this case, yet Mr. Mor- ton at once assumed authority, presumably under color of the pro- vision in question, and requested the com- mandant at Ft. Kearney to send a detachment of cavalry to Fonte- nelle. In the meantime Gen. John M. Thayer, who was, colorably at least, commander of the militia of the ter- missioned by General Ord to go east where he suc- ceeded in raising $85,000 to aid the sufferers, besides several train loads of supplies. Upon his return to Nebraska he accepted a position as editorial writer upon the Omaha Bee, and later with the Omaha Herald. He left the Herald to take up the fight in behalf of the Indians in the famous Ponca habeas corpus case. With Mrs. Tibbies (Bright Eyes), he spent five years directing her lectures throughout the East and in Europe in behalf of better legislation for the Indians. Upon their return to Nebraska, Mr. Tibbies accepted a position upon the World-Herald staff, residing at the time on his farm near Bancroft. For three years he was newspaper correspondent in Washington. He then removed to Lincoln and was the editor of the Independent until April, 1905. Mr. Tibbies was honored by the National Populist con- vention, which met at Springfield, 111., July 4, 1904, THOMAS HENRY TIBBLES2156 HISTORY OF NEBRASKA ritory, by virtue of his election by the legisla- ture in .1856, proceeded to the place of the disturbances with the light artillery company of Omaha, numbering about forty men, and arrived at Fontenelle on the 2d of July. On the 6th of July Governor Black started from Omaha, with a company of volunteers and Co. K of the 2d Drag., which had ar- rived from Ft. Kearney under Lieutenant Robertson, and joined General Thayer on the 8th, when the latter as- sumed command of the combined forces. The expedition proceeded up the Elkhorn, and on the morning of the 12th, in the vicinity of the present town of Battle Creek, overtook and at once charged upon the Indians, who had begun to retreat. In preference to battle, however, the savages promptly offered both penitence and indemnity for their past bad con- duct and fair promises for the future, and the cam- paign ended then and there without bloodshed. This positive policy and aggressive action no doubt exercised a strong and lasting influ- ence over the Pawnees, but it was overstating the truth to say that the incident "accomplished perfect peace with with the nomination for the high office of vice- president of the United States. This came to him all unsought, but as a fitting reward for his distin- guished service in the cause of populism. He was first married in 1860 to Amelia Owen of Rochester, Pa., and two children were born to them: Eda, now the wife of Professor Herbert Bates, head of the English department of the Brooklyn (N. Y.) high school, and May, wife of J. Allen Barris, a civil engineer and contractor of New York, now at Coun- cil Bluffs, la. Mrs. Tibbies died in 1880, and in 1882 he was married to Yosette, In-stha'-the-am'-ba, (Bright Eyes), daughter of Joseph and Mary La Flesche, who died May 36, 1903. 'See General Thayer's interesting account of this campaign in vol. 5, Proc. Neb. State Hist. Soc., and YOSETTE LA FLESCHE TIBBLES (lN-STHA/-THE-AM/- BA " BRIGHT EYES ")5 the Pawnees from that time forward."1 The irrepressible thieving propensities of these Indians were often exercised in after years, resulting, often, in murder and other outrages. .In 1859 hostilities continued with the Co- manches and Kiowas and extended from Texas to the head-waters of the Arkansas and Canadian rivers,2 and the ubiquitous Indian fighter, Gen. W. S. Harney, was now dealing with hostile tribes and watching the threat- ening British in Oregon. During that year the border tribes of Ne- braska lost many lives in their buffalo hunting expeditions, at the hands of the Sioux, Cheyenncs, and Arapahos.3 In i860 there was a state of war betwc en the United States and many of the most powerful tribes of Utah, and pe- titions were presented by citizens of the terri- tory for the protection of the pony express. They recited that the Indians "have recently broken up many sta- tions on the road, mur- dered the occupants and driven off the stock used in transporting the mails and express."4 There was method, be- yond the instinct for plunder, in this madness against the mails; for established means of the report on the expedition by a committee of the 7th territorial legislature in the Appendix to this History. 2Rept. Sec. IVar, Senate Docs., 1859-60, vol. 2, p. 3. 3Rept. Com. IncL. Affairs, Senate Docs., 1859-60, vol. 1, p. 392. 4Rept. Sec. War, 1860, p. 85. "Yosette (La Flesche) Tibbies, whose Indian name was In-stha'-the-am'-ba, meaning "Bright Eyes," was a daughter of Joseph and Mary La Flesche, the former head chief of the Omahas, and the latter a daughter of Ni-co-mi, an Indian woman of the Iowa tribe. Mrs.. Tibbies was born in Belle- vue, Neb., in 1854 and was taken by her parents to the Omaha reservation. When about eight years old she entered the mission school cn the reserva-TERRITORIAL MILITARY HISTORY 157 transportation suggested to the Indians the fast-coming occupancy of the whole country 1>y the white invaders.1 In 1863 a band of tion, and though at the time she could not speak English, she soon surpassed all the other pupils in learning that language. She was bright and win- ning and became a great favorite with her teachers. Yosette was the name given her at birth, but it was afterward changed to the English form "Susette." She attended the mission school until she was fif- teen years of age, and about that time one of her former teachers wrote her at Christmas time asking what she most desired, supposing, doubtless, that the Indian girl would choose some trinket or orna- ment. Bright Eyes at once replied that she wished most for an education. The letter was shown by her friend to the president of the college at Eliza- beth, N. J., which resulted in arrangements for her education in that school. She remained there four years and took the prize in every study except math- ematics. Her last essay while in the school was so meritorious that it was published by the New York Tribune. She then returned to the reservation, and the following three years were full of hardships. Her father was very poor, she herself could do little, and no one was allowed to leave the reservation without a pass. She had nothing to read except the text-books which she had brought from school and a copy of Shakespeare, a prize she had won in college. At last she discovered in the regulations governing the reservation that any Indian qualified should be preferred over a white person for any position in the Indian service. After overcoming many difficulties Bright Eyes was at last permitted to teach, but at a salary of only $20 a month. She also established a successful Sunday school, and out of her small savings purchased.an organ for it. She was teaching school when the Ponca habeas corpus case came up, in which Thomas H. Tibbies took a leading part, in the interest of the Indians. Bright Eyes was recommended to him as one who could give clear and effective testimony. This led to their first meeting and to their marriage in 1882. Through the influence of Bishop Clarkson she arranged to go East in company with her husband on a lecturing tour. She was a most winning speaker, and the lecture rooms in which she spoke were always crowded. The force of her argument was pro- found, and she was listened to by the greatest thinkers, who always became her friends. The poet Longfellow , earnestly requested a meeting with Bright Eyes, and when she was presented to him said, "This is Minnehaha"; also "for years I have been endeavoring to conquer English, and if I could use such exquisite English as this young Indian maiden I would feel that I had mastered it." Mrs. Tibbies lectured for five years, and always to over- flowing audiences. The result of her work was a complete- change of laws pertaining to the Indians, and they were recognized as citizens entitled to the full protection of the law. Mrs. Tibbies also lec- tured abroad, and was received by the nobility and all the higher literary circles. She returned to America with Mr. Tibbies and resided in Lincoln, Neb., until her death, May 26, 1903. Though very nervous and in frail health, she wrote many maga- zine articles which were always well received. She also had a natural talent for painting and without instruction did excellent work. The portrait of Bright Eyes herein published is a reproduction of a photograph taken by Queen Victoria's photographer at the request of Lady Helen, sister of the Duke of Brule's attacked the Pawnee agency, and after killing several squaws was driven off by a company of the 2d Neb. Cav., which was sta- Argyle. Mrs. Tibbies was of medium height, about as dark as the ordinary Indian, slender and grace- ful in form, and possessing a dignified bearing. Her eyes were very large and brilliant. 1 Though the public records do not give definite information as to the first mail service to Salt Lake and California, the following statement in the report of the first assistant postmaster general for 1849 throws some light on the question: "In a territory recently denominated Deseret is a post-office, at Salt Lake, supplied with the mail from the western borders of Iowa, a distance of about 1,030 miles, the expense of which is defrayed out of the proceeds of said office, and in the territory of Oregon, besides the post-offices of Astoria and Ore- gon City, established in 1847, Portland and Salem have been recently created by the special agent for that region; but it does not appear that any stated means of suoolying them with the mail have been provided by him." The following comment on this statement is made in a communication to the editor from the Hon. G. F. Stone, second assistant postmaster general, dated Feb. 4, 1905: "The records relating to the transportation of mails, which were at that time in charge of the first assistant postmaster general, have since been trans-, ferred to the second assistant postmaster general. The records of service to California and Oregon about the period mentioned in your letter are some- what meager. By reference to the report of the first assistant postmaster general, referred to by you, (for 1849) it will be seen that he states: "The foreign mail arrangement is not the only new and prominent feature added to our postal sys- tem within the past year. On the shores of the Pacific ocean, 1,700 miles beyond our area of post routes, by the most direct course explored, and 5,990 miles by the actual route of mail conveyance from our principal port of debarkation, has sprung into existence a branch of our establishment, with 'char- acteristics and developments peculiarly its own. Its supply of mail has been made exclusively by naval steamships, performing monthly voyages/ "No manuscript records appear to have been pre- served of the service between Salt Lake City and 'the western borders of Iowa' referred to in the re- port of the first assistant postmaster general, quoted above, and therefore I can give no information on this point in addition to that contained in said re- port. The post-office of Salt Lake City was estab- lished Jan. 18, 1849, and this probably marks ap- proximately the date when service was commenced over the 'Nebraska plains/ "By act of Congress of Mar. 3, 1847, a 'post route' was established from Independence, Mo., to Astoria, Ore. See U. S. Statutes at Large, vol. 9, p. 194. In the report of the Postmaster General for 1847 it is stated, however, that— "The mail routes created in Oregon by the first section of the act of the 3d of Mar., 1847, to estab- lish certain post routes, were advertised, as the law requires, but no bids for the service were given that could, with propriety, be accepted. Offices were es- tablished at Astoria and Oregon City, and postmas- ters appointed. A special agent of the department, Gen. Cornelius Gilliam, was appointed to superintend the services, and instructions were given him, a copyHISTORY OF NEBRASKA tioned there; and the raids of the Sioux were frequent and bold.1 The great Sioux uprising in Minnesota and Dakota, in 1862, in which it was estimated that 644 white settlers and 93 soldiers were killed, left a hostile spirit which influenced the conduct of the Indians of the upper plains until they were finally segregated under the present reservation system.2 In the spring of 1863. Gen. Alfred Sully with his command went up the Missouri river from Sioux City to cut off the retreat of such hostile Indians as General Sibley might drive out of Minnesota and eastern Dakota, and on the 3d of September his com- mand fought one of the important battles be- tween the whites and . the Indians of the plains. General Sully's force comprised eight companies of the 2d Regt. Neb Cav —350 men, rank and file, under command of Col. Robert W. Furnas,—the 6 th Regt. Ia. Cav., and a company of the 7th Ia., and a battery. The In- dians had t, 2co to 1,500 warriors comprised in the main of Santee, Brule, Yankton, and Blackfeer Sioux and of wrhich accompanies this report, marked G. There have been no returns received from the postmasters or special agent/ "The first successful effort to establish a mail route under contract as far as Salt Lake City ap- pears to have been in 1850. On May 20 of that year an advertisement was issued by the Postmaster Gen- eral for bids for service from Independence, Mo., to Oregon City, Ore. The advertisement also invited bids for several other alternative routes, including one from Independence to Salt Lake City. Under the advertisement the bid of James Brown, of Georgetown, Mo., was accepted for service from Independence, Mo., by Ft. Kearney, Ft. Laramie, Ft. Bridger and Ft. Smith, to Salt Lake City, one round trip a month, commencing Aug. 1, 1850, at $19,500 per annum, service to be performed in four- or six- mule or horse stages on a schedule leaving each terminus on the first of each month. The contract was for the period ended June 30, 1854, but, owing to the death of Brown, it was transferred by his some "cutheads." After a short and sharp fight, just at dark, the Indians were, routed with a loss of about 150 killed and all of their effects, except their arms and ponies. The darkness doubtless saved them from much greater loss. When the Nebraska men came up with the enemy they dismounted and fought on foot with Enfield rifles at sixty paces. There were "among them probably some of the best shots in the world,"3 and their fire at this close range was murderous. The loss of the Nebraska reg- iment was 2 killed, 13 wounded, and 10 miss- ing, and that of the 6th Ia., 11 killed and 18 wounded.4 The battle- field was near White Stone Hill, and is known by that name. The hill is situated 4 'about fifteen miles west of James river ana about half way be- tween the latitudes of Bonebute ana head- waters of Elm river, as laid down on the gov- ernment map/'6 Hostilities against the whites were increasing from year to year, and in 18&4 and 1865 mur- ders and other outrages, on the upper Platte in particular, were numer- ous and atrocious,6 though there was a preva- administrator, on Feb. 20, 1852, to S. H. Woodson, of Independence, Mo. "In 1851, routes were established from Salt Lake City to The Dalles, Ore., and Sacramento, Cal. These with the Independence and Salt Lake City route provided through service from the East to California and Oregon." xRept. Benj. F. Lushbaugh, agent, Ex. Docs., 1863-64, vol. 3, p. 369. - An extended account of the uprising of 1862 by Thos. J. Galbraith, Sioux agent, is reported in Senate Docs., 1863-64, p. 382. 8 Rept. of Gen. Sully in Rept. Sec. War, 1863, p. 495. 4Adjt. Henry M. Atkinson, Regimental Q. M. J. L. McCormick, and Com. Lieut. John Q. Goss were specially mentioned in the report of Colonel Furnas for valuable services. Maj. John W. Pear- man was in charge of the. wagon train. 6 Rept. Gen. Sully, p. 499. 6 Rept. Supt. E. B. Taylor, 1865. BLOCK HOUSE AT OLD FT. KEARNEY, NEBRASKA CITYTERRITORIAL MILITARY HISTORY 159 lent fear among the friendly Sioux and Arapa- hos of their own extermination by the soldiers. These outrages extended through the westerly settlements of Nebraska, and produced fear, and resentment against the federal govern- ment for neglecting to provide adequate de- fense throughout the territory. The savage Sioux were still the terror of the unwarlike and defenseless Omahas. In 1864 eleven of them were killed,1 and in 1865 forty of their horses were stolen by the Sioux. 1 hough the army was in large measure released from the monopoly of the Civil war there was slow response to public senti- ment in the Indian coun- try which demanded an energetic military policy as the only remedy for the now intolerable In- dian hostility.2 By the arrangement of the military divisions, in June, 1865, at the close of the Civil war, the division of the Mississippi, which fell to Gen. W. T. Sher- man, included the depart- ment of Missouri, under Gen. John Pope. By the order of August 6, 1866, this department became the division of Missouri, and it included the terri- tory between the Mississippi river and the Rocky mountains. The department of the JOSEPH ROUBIDOUX" Frontiersman and Indian Trader Platte in this division was under Major-Gen- eral Cooke, and that of Dakota under Major- General Terry. The following organizations of regular soldiers were assigned: To the de- partment of the Platte, Battery C, 3d Art.; 2d Regt. Cav.; 18th, 27th, and 36th Regts. Inf., and 200 Indian scouts. General Sherman pro- posed to restrict the Sioux to territory north of the Platte, west of the Missouri river, and east of the new road from Ft. Laramie to Vir- ginia City; and the Arapahos, Cheyennes, Co- manches, Kiowas, Apaches, and Navajos, south of the Arkansas and east of Ft. Union, N. M., the intention being to keep all the territory be- tween the Platte and Ar- kansas rivers, where the two great railroads were under construction, free from hostile Indians. In pursuance of this policy General Sherman made a two-months tour of the plains in the summer of 1866.3 In the same year Edward B. Taylor of Ne- braska and Col. Henry E. Maynadier,4 comman- dant at Ft. Laramie as member of a peace commission, made treaties at that post with the Ogal- lala and Brule Sioux and negotiated with the Cheyennes and Arapahos with the same purpose.5 Commissioners were JRept. Agt. R. W. Furnas, 1805. 2The expense of maintaining an army on the frontier was enormous. According to this report—• p. 113—the cost of a bushel of corn bought at Ft. Leavenworth and delivered at Ft. Kearney was $5.03; delivered at Ft. Laramie, $9.20, at Denver City, $10.05, at Salt Lake City, $17. Here the report naively adds: "To the last point none is now sent." The cost of transporting a pound ot corn, hay, cloth- ing, subsistence, lumber or any other necessary from Ft. Leavenworth to Ft. Kearney was 0.44 cents; to Ft. Laramie, 14.10 cents; to Denver City, 15.43 cents; to Salt Lake City, 27.84 cents.— {Rept. Sec. War, 1865, p. 113.) 3Rept. Sec. War, 1866, p. 18. 4Henry E. Maynadier was born in Virginia. Ap- pointed at large. Brevet 2d lieutenant 1st Art., July 1, 1851; 2d lieutenant, Feb. 29, 1852; 1st lieutenant 10th Inf., Mar. 3, 1855; captain, Jan. 19, 1861; major 12th Inf., Nov. 4, 1863. Died Dec. 3, 1868. Brevet rank—brevet lieutenant-colonel, Mar. 13, 1865, for faithful and meritorious service during the war. 6Rept. Sec. Int., 1866, p. 208. "Joseph Roubidoux, son of Joseph and Catherine Roubidoux, was born in St. Louis, Aug. 10, 1783. His parents were of Canadian-French lineage, and emigrated direct from Montreal, Can., to St. Louis, where they settled shortly after the founding of that city by Pierre Laclede Liguest, Feb. 15, 1764. Jo- seph Roubidoux, Sr., became very wealthy and in- fluential, and erected a large mansion between Walnut and Elm streets in St. Louis. He was very social by nature, and entertained on a large scale.l6o HISTORY OF also sent to negotiate with the hostile bands of Sioux in the North, between the Platte and Missouri rivers, and two years later it was said in high official places that "scarcely had the compacts been proclaimed when depreda- tions and hostilities were again renewed."1 Peace negotiations had now become a well- defined national policy, and a peace commis- sion was appointed by the President of the United States, under the act of Congress of July 2, 1867.2 It may be that this peace policy lessened depredations and loss of life, and it perhaps smoothed the way to the general seg- regation of the Indians on reservations, which was accomplished about ten years later ; but it was bitterly assailed by the local press of Nebraska and condemned by public opinion of the settlers whose lives and property were at stake. And the better judgment seems to point to the conclusion that a positive and aggressive war policy would have reached the desired end more promptly and avoided much of the massacre and destruction of property The first general assembly, of Missouri, under the act of June 4, 1812, did him the honor of holding its first session in his house, where it convened Dec. 7, 1812. The family consisted of six sons and'one daughter: Joseph, Louis, Antoine, Isadore, Francis, Michel, and Pelagie. All of this .family are buried in St. Joseph, Mo., except Louis, the second son, who died in California. When eighteen years of age, Joseph married Eugenia Deslille of St. Louis. By this union they had, one child, Joseph E., who died at White Cloud, Kan., where he had resided for many years. Eugenia Roubidoux, first wife of Jo- seph, died in 1806, and after that he traveled extern sively throughout the West, seeking favorable places to establish trading posts. He finally settled on the present site of Chicago. After trading for a short time there, his store was destroyed by the Indians. He then returned to St. Louis, and made a trip up the Missouri river in company with one of the part- ners of the American Fur Co. On this trip he was favorably impressed with Council Bluff as a place to locate a trading post, and returning to St. Louis he shipped a load of goods, by keel-boat, up the Missouri river, arriving at Council Bluff in the fall of 1809. He was successful in this venture, and his competitors, the American Fur Co., offered to buy his goods at a good price and pay him a large salary to enter their employ. This he declined, and con- tinued to operate there for thirteen years. During this time he again married, 1813, a Miss Angelique Vandy of St. Louis, who died in St. Joseph, Mo., Jan. 17, 1857. By this union they had six sons and one daughter: Faron, Julius C., Francis B., Felix, Edmund, Charles, and Sylvania P. In 1822 Joseph Roubidoux sold out to the American Fur Co. under an agreement to remain away for three years. At the expiration of that period he announced his in- tention of again engaging in business in the same NEBRASKA which were to open the way to a finally en- forced peace. From the time Ft. x\tkinson was abandoned in 1827, until the establishment of old Ft. Kearney, on the present site of Nebraska City, there was no military post in the Nebraska country. In 1838 Gen. £dmund P. Gaines, commander of the western military division, recommended that a fort be established "at or near the mouth of the Big Platte on the right bank of the Missouri river."3 In 1842 the garrison at Ft. Leavenworth numbered only 262, and the nearest posts were Ft. At- kinson and one at the Sac and Fox agency, in Iowa, and Ft. Snelling in Minnesota.4 In 1844 Ft. Des Moines had been added to the posts of the Northwest, and there were 351 soldiers at Ft. Leavenworth. The Secretary of War again recommended establishing a chain of posts from the Missouri river to the Rocky mountains. !"A; military fort placed on the very summit [of the Rocky mountains] whence flow all the great streams of the North place, but the American Fur Co. offered to ~1>iish him at the mouth of what is now call. )v's branch, provided he would not interfere ^ the trade at Council Bluff. ^ He accepted this p osi- tion, and landed there with a stock of goods fhe fall of 1826. The following spring he remo-iri to the mouth of Black Snake creek, where he built a log house on the present site of the Commercial hotel, of St. Joseph, Mo. Here he continued to work for the American Fur Co. until 1830, when he be- came proprietor of this post, which was named "Black Snake Hills." When the country was open for settlement, Joseph Roubidoux and his son" Faron secured two quarter-sections embracing what is now known as the "original town" and 'the various Roubidoux additions. The first plat of St. Joseph was recorded at St. Louis July 26, 1843. Here Jo- seph Roubidoux passed his last years, and died May 27, 1868. JRept. Comr. Ind. Affairs in Rept. Sec. Interior, 1867, pt. 2, p. 2. 2 The members of this commission were N. G. Taylor, president; J. B. Henderson, Lieut.-Gen. Wm. T. Sherman, Brvt. Maj.-Gen. Wm. S. Harney, John B. Sanborn, Brvt. Maj.-Gen. Alfred H. Terry, S. F. Tappan, Brvt. Maj.-Gen. C. C. Augur. The com- missioners made a comprehensive report to the President, Jan. 7, 1868.—{Rept. Sec. Int., 1868, p. 486.) 3 Ex. Docs., 1837-38, vol. 9, Doc. 311, map. Gen- eral Gaines expressed a very high opinion of the fertility of the country between this point and the mouth of St. Peters river. Nearly every square mile of it would sustain 50 to 100 persons. 4Ex. Docs., 1842-43. Rept. Sec. War, vol. 1, Doc. 2, p. 199b. Col. S. W. Kearny was commander of the military department No. 3, headquarters St. Louis.TERRITORIAL MILITARY HISTORY x6i American continent would no longer leave our title to the Oregon country a barren or un- tenable claim."1 The already light garrisons of the widely scattered posts of the Indian country were depleted at the outbreak of the Mexican war. Ft. Des Moines was abandoned, March 10, 1846, and the garrison was ordered to Santa Fe; and on the 20th of June the regular gar- rison was withdrawn from Ft. Atkinson (la.) and sent to the same place. The garrisons of Ft. Snelling and Ft. Leavenworth were re- duced, the troops withdrawn going to Mexico.2 The com- missioner of Indian affairs and the agent at Council Bluffs agency, in their reports for 1847, urged the building of a fort above the Platte, near Bellevue, "in connection with that to be established near Grand Island," for the protec- tion of emigrants and the weaker tribes of Indians against the Sioux. The quartermaster- general of the army declared that the only practicable places for posts on the emigrant route to Oregon and California were on or near Grand Island, about 90 miles below the junction of the forks of the Platte river, at Ft. Laramie—then a fur com- pany's post—170 miles above the forks, and perhaps a small post higher up on the north fork.3 The second military post within the present Nebraska was established in July, 1847, near %Rcpt. Sec. War, .1844. In this report the secre- tary recommended the organization of Nebraska ter- ritory, between the Missouri river and the Rocky mountains and the Niobrara and the Arkansas and a line from the mouth of the Kansas west to the Arkansas. 1 Ex. Docs., 1847-48, vol. 2, Doc. 8, p. 9Gd. 5 Ibid., pp. 743, 859. *Henson Wiseman, pioneer of Cedar county, Neb., son of Thomas Wiseman, a native of West Virginia, who afterwards removed to Missouri, where he had a large farm, and Nancy (Cross) Wiseman, a native of West Virginia, was born Nov. 5, 1817, in Harri- son county, W. Va. He attended the common the center of the tract which subsequently be- came the town site of Nebraska City. It was doubtless found to be too far from any line of travel, and, there being no settlements to pro- tect, was only occupied temporarily. The post was abandoned in May of the following year. In accordance with recommendations of Gen. John C. Fremont, following his western ex- plorations, Congress provided by the act of May 19, 1846, for the establishing of military posts along the Oregon route. The order issued from the war department March 30, 1849, to establish Ft. Laramie, makes the following reference to he founding of Ft. Kearney: "To carry out the provisions of the 6th section of the Act of May 19, 1846, relative to es- tablishing military posts on the Oregon route, and to afford protection to the numerous emigrants to that country and California, the first station has already been established, under nstructions of the Secretary of War of June 1, 1847, on the Platte River near Grand Island, and is known as Fort Kearney. The first garrison of this post will be one company First Dra- goons and two companies Sixth Infantry, to be designated by the commander of the depart- ment." In 1847 the war department henson wiseman, frontiersman 4 made requisition on the state of Missouri for a battalion of mounted volunteers, "with a view to estab- lish military posts on the Oregon route." Hitherto it. had been impracticable to comply schools of his native state, and in 1838 married Phoebe Ann Cross at Parkersburg, W. Va., and the next year migrated to Burlington, la. After a resi- dence of several years there, he removed to Ft. Des Moines, and in 1856 to Sioux City, la.,; where he worked at his trade as a carpenter, and is credited with putting on the first shingled roof in that place. In 1857 he settled in Cedar county, Neb.,_ on land where he has since continued to reside. Eight chil- dren were born to Mr. and Mrs. Wiseman in Iowa, two of whom died and were buried in that state. Benjamin F. died in 1859 in Cedar county, Neb. This was the first natural death in the county. An- other son was born in Cedar county, making six liv- ing children, the oldest of whom, John, was in the•v JaBm 1. Road between Kearney and old Ft. Kearney, looking east. Fence on the left of the picture is from the framework of the old pontoon bridge across the Platte river. 2. Site of the sutler's post at Adobe town, one mile west of the old fort. 3. Trees around the officers' quar- ters, northwest of and cornering on the old fortifications—looking east. 4. Remains of the fortifications, southeast of and cornering on the quadrangle of trees around the officers' quarters—looking a little north of west. Em- bankments in foreground now about five feet high. The house in the background is the home of W. O. Dungan, the present owner of the site.TERRITORIAL MILITARY HISTORY 163 with that act, the Mexican war "demanding all the available force in that quarter." A battalion of 477 men and officers was raised, but not in time to prosecute the objects in view that year. The season was so far ad- vanced that the troops could not proceed far- ther than Table creek, on the Missouri rivef, about 100 miles above Ft. Leavenworth—the site of old Ft. Kearney and of the present Ne- braska City.1 The commanding officer— Lieutenant-Colonel Powell—was ordered to army at the time of the terrible massacre that nearly wiped out the entire family. In 1863, Henson Wise- man enlisted in Co. I, 2d Neb. Cav., raised for the purpose of defending the frontier against the In- dians. Soon after the organization of the company, it was ordered to Dakota, leaving the families in Cedar county at the mercy of the Indians. About thirty days after their departure, a band of Yankton and Santee Sioux Indians attacked the house of Mr. Wiseman, during the temporary absence of the wife and mother, and the five children were massacred and their bodies horribly mutilated. ^ieut.-Col. Ludwell E. Powell's command is ac- counted for in the report of the adjutant-general of the army, dated Nov. 30, 1847, as follows: "Lieut. Col. L. E. Powell commanding Battalion Missouri mounted volunteers, head-quarters Fort Kearny, Ta- ble Creek, Upper Missouri." According to this re- port, Lieutenant-Colonel Powell's command com- prised five companies, 452 men, and 25 officers, 477 in all.—(Ex. Docs., 1847-48, vol. 2, p. 77.) Col. Edgar S. Dudley, professor of law and his- tory, West Point (N. Y.) Military -Academy, has given the following account of the establishment of old Ft. Kearney: "In 1847 Col. John Boulware established a ferry at old Ft. Kearney—Nebraska City. This was the first fort after Ft. Atkinson established within the present limits of the state, and there is some dif- ference of opinion as to when and by whom it was located. So far as the official records at my service go, and this incidents of early history, of which the establishment of the ferry above mentioned is one, it seems probable that the place was occupied by United States troops previously to 1847, but not as a perma- nent post. The record of Gen. Daniel P. Woodbury, U. S. A., shows that, whilst first lieutenant of engi- neers, he was engaged as supervising engineer of the construction of Ft. Kearney, Neb., and Ft. Laramie, Dak., for protection of the route to Oregon from 1847 to 1850, and it is probable that at this time the block house was erected which, early settlers will remem- ber, stood on 5th street, between Main and Otoe, near Main. Officers' quarters were also erected (near where the Morton house now stands), and a hospital^ building was located near the corner of 4th and Main streets. This place was occupied by United States troops on the breaking out of the war with Mexico, and they being ordered to New Mexico, the post was practically abandoned for a time, being left in charge of Wm. Ridgway English as storekeeper. In the fall of 1847 five companies of troops, raised in Missouri for service in New Mexico, were sent to Ft. Kearney with orders to winter there, under the command of Col. L. E. Powell. They remained about a year, and in 1848 old Ft. Kearney was aban- winter there, and as early as practicable in the ensuing spring "hasten the completion. of the posts, for the establishment of which he had received special instructions from the war department." In the meantime he should punish aggressions of the Sioux and Pawnees on the peaceable bands of other tribes and the persons and property of emigrant citizens, and attend to the payment of annuities to tribes in the vicinity.2 "The department was prevented by the demand for troops in Mex- doned, the property being left in charge of Mr. Hardin, succeeded a year later by Col. John Boul- ware, and he in 1850 by Col. Hiram P. Downs, who remained in charge until the government withdrew all claims to the site. On its abandonment new Ft. Kearney was established (May, 1848) south of the Platte and east of the present site of Kearney Junction." 2Adjt.-Gen. Rept., 1847, Ex. Docs., vol. 2, Doc. 8. Ft. Kearney was named after Gen. Stephen W. Kearny, and until 1857 the name was spelled in the official reports like that of Gen. Kearny, that is, without an e in the last syllable. After this time it was spelled most frequently with the e in the last syllable and it is so spelled at the present time, though apparently without warrant other than custom. On the 19th of Feb., 1855, the United States Sen- ate requested the Secretary of War, Jefferson Davis, to inform that body "whether there were originally appropriations of land for military purposes at Ft. Laramie, Ft. Riley, on the Kansas, old Ft. Kearney, on the Missouri, and new Ft. Kearney on the Platte, or either of them; and if so the extent and area of each so originally appropriated." On the 28th of February the Secretary transmitted to the Senate the statement of the adjutant-general in reply to the in- quiry, which disclosed that in obedience to the order of the Secretary of War, Jan. 20, 1848, the officers commanding at Ft. Laramie and Ft. Kearney were directed, Feb. 2, 1848, to cause reservations ten miles square to be made at their posts. On the 19th of Apr., 1846, the President directed a reservation to be made at old Ft. Kearney, "the precise area of which is not known (computed at 619 acres)." On the 29th of Jan., 1848, the Secretary of War, W. L. Marcy, issued an order that, for the purpose of di- minishing as far as possible the expense of main- taining mounted troops at these forts on the route to Oregon, the commanding officers should encourage citizens of the United States to settle on the reserves for the purpose of raising crops, and that a lease of a lot or lots should be granted to each of such set- tlers, for a term not exceeding five years.—(Senate Docs., 1854-55, vol. 2, Doc. 68, pp. 1~3.) The new Ft. Kearney reservation, ten miles square, was located in tps. S, and 9, rs. 14 and 15 W. The northern part of the reservation—about a mile wide—lay north of the Platte river. The eastern limit of the island reservation was about one mile east of the west line of r. 12; the west bound- ary was about one mile east of the west line of r. 17, just beyond the head .of Long Island. The east boundary intersected Elm Island. The Omaha Republican of Aug. 21, 1867, notes that Sufveyor-General Hitchcock had provided for the survey of Hall and Buffalo counties, and that thei64 HISTORY OF ico, during the recent war, from effecting much in respect to the establishment of mili- tary posts on the route to Oregon, required military survey of Ft. Kearney, of 1859, by which territory ten miles square and - the islands in the Platte river, fifteen miles above and below, were reserved for the site of Ft. Kearney, was respected. The Secretary of War in his report, Dec. 1, 1848 (Ex. Docs., 1848-49, vol. 1, p. 79), stated that the regiment of mounted riflemen had been diverted from the duty of establishing forts on the Oregon route on account of the war with Mexico, and that it would not now be used for that purpose. On the 1st of June, 1847, instructions had been given for the establishment of two posts, one of them "near Grand Island, where the road to Oregon encounters the Platte river," the other at Ft. Laramie. During that season some progress was made in constructing the work at the former place (by Lieutenant-Colonel Powell's battalion of Missouri recruits) but it "was suspended at the approach of winter." The fort had been in course of construction during the season of 1848, but no report of progress had been made. The report of the Adjutant-General, Nov. 30, 1848, states that the rank and file of the regiment of mounted riflemen were discharged at the close of the war with Mexico, but several companies had been re- formed in the process of reorganizing the regiment, "two of which have relieved Lieutenant-Colonel Powell at the .new post established on the Oregon route at Grand Island."—(Ex. Docs., . 1848-49, vol. 1, p. 162.) From the report of the Secretary of War for 1849 (Ex. Docs., 1849-50, vol. 3, pt. 1, p. 94) it is learned that arrangements had been made, "within the last spring," to place a regiment of mounted rifle- men, "originally designed for this service," upon the route. It moved from Ft. Leavenworth early in May, proceeded to Ft. Laramie, "and after establish- ing at that point a second military station, continued its march in the direction of Oregon." The state- ment of the distribution of troops for the year 1848, found in the report of the Secretary of War, desig- nates the new fort as the post at Grand Island, and the same statement for the year following calls it by its permanent name. Ft. Kearny. But locally, .and in official communications to the war department, the post was at first called Ft. Childs in honor of Col. Thomas Childs of the U. S. 3d Art. Regt., who had won distinction in the Seminole and Mexican wars. There is an unverified story that Lieutenant-Colonel Powell's command at first camped on the south side of the Platte river, opposite the lower end of Grand Island, with some intention, no doubt, of making the location there; but on the 8th of May he moved up the Platte, and on the 17th of June established the fort near the upper end of the island. In the treaty of August 6, 1848, by which the Pawnee Indians ceded to the United States a strip of land along the north bank of the Platte, opposite the post, it is al- luded to as Ft. Childs. Statements have been published from time to time that Col. S, W. Kearny selected the site of Ft. Kearney when he passed up the Platte on his military expedition; but this is a bald inference. Colonel Kearny's trip was made a year before Con- gress took up the question and passed the act au- thorizing the establishment of posts on the Oregon route, in accordance with the recommendations of Gen. John C. Fremont and others. Gen. Winfield Scott, commander-in-chief of the U. S. army, in his- report, dated Nov. 20, 1845, speaks approvingly of the adverse recommendation of Colonel Kearny: NEBRASKA by the act of the 19th of May, 1846, beyond the selection of the first station on Platte river, near Grand Island and known as Ft. Kear- "Col. Kearny, well acquainted with the interests, temper, and affinities of these Indians, does not rec- ommend the establishment of any advance military post on the Oregon or Santa Fe routes, but rather biennial or triennial cavalry expeditions like the one he has so ably conducted."—(Ex. Docs., 1845-46, vol. 3, Doc. 2, p. 208.) In his report for 1849, dated Nov. 28 (Ex. Docs., 1849-50, vol. 3, pt. 1, p. 185) the Adjutant-General states that at the date of his last annual report—for 1848—Ft. Kearney was garrisoned by two companies of the rifle regiment, which were soon relieved by one company of the 1st Drag, and two companies of the 6th Inf.; but one of the infantry companies was ordered to Ft. Leavenworth because there were in- sufficient quarters at Ft. Kearney to accommodate them "the present season." Lieutenant-Colonel Pow- ell's Missouri battalion, then, who established Ft. Kearney, were its first occupants; the first, though temporary garrison, was composed of the two com- panies of the rifle regiment, and the first regular garrison, the companies of the 1st Drag, and the 6th Inf., as stated above, under command of Brvt. Maj. Robert H. Chilton. Major O»sborn Cross, a quartermaster of the U. S. army, in his report of the journey of the regiment of the mounted riflemen to Oregon, in 1849, said: "This post was located here as a substitute for the one formerly at the mouth of the Platte (old Ft. Kearney), being more on the direct route from Ft. Leavenworth to^Ft. Laramie, as well as the small towns on the Missouri river from whence emigrants generally take their departure." Major Cross thought the fort was well located to check the Pawnee and Sioux Indians.and for the protection of emigrants; but "the site for the fort is not a very pleasing one, having nothing to recommend it. in the way of beauty. . . What few buildings were inhabited, I observed, were made of sward, cut in the form of adobes. The hospital was the only building which was being erected." He observed that gardens had been started at the fort, he thought to little purpose. He believed, however, that when in time the qualities of the soil were better found out vegetables would be raised in abundance and also grain of every de- scription. His confidence in this ultimate produc- tiveness was doubtless encouraged by the fact that it rained nearly every day of the journey between Ft. Kearney and Ft. Laramie. Colonel Bonneville, "who had been many years among the Indians of the Rocky mountains," was in command of the fort. Major Cross observed that as far back as 1828 cattle had been driven over these plains from Independence to St. Peters.—(Rept. of Adjt.-Gen., Ex. Docs., 1850- 51, vol. 1, Doc. 1, p. 138.) v In the report of Brvt. Brig.-Gen. Jos. G. Totten, chief engineer of U. S. army, for 1849, it is stated that Ft. Kearney was situated "at the head of Grand Island," 310 miles from Ft. Laramie by the traveled route. . . In the fall of 1848 three temporary buildings were erected for quarters for officers and men (two companies), a bakery, and stables for the horses of one company each, also temporary; and a large adobe store-house finished. During the present season a hospital has been erected, containing four rooms below, and two attic rooms; a two-story building for soldiers' quarters is under way, and will be finished before winter. A good temporary maga- zine has also been erected and 100,000 brick haveTERRITORIAL MILITARY HISTORY nev."1 The post was formally established in May, 1848. As early as 1849 garrison at been burnt." The report further states that "the second station has been located 337 miles west of Kearney, on the Laramie river, one mile above its junction with the Platte. The adobe work called Ft. Laramie has been purchased, which has obviated the necessity of wasting time on temporary buildings." A two-story block of officers' quarters, containing sixteen rooms, a block of soldiers' quarters intended for one company but to be occupied by two during the winter, a battery and two stables were "under way."—(Ex. Docs., 1849-50, vol. 3, pt. 1, Doc. 5, p. 255.) In 1850 the construction of permanent buildings for the fort was well under way. During the year there were erected a two-story single building for of- ficers' quarters with four rooms, 17 x 19 feet; two halls, a piazza front and rear, and attic room, be- sides a .guard-house 15 x 25 feet- The roof of the adobe stiore-room was covered with sheet lead. The three frame buildings erected the year before were now nearly finished. The Platte river had been too high during the spring and summer to get the neces- sary timber for frames for all the buildings. At Ft. Laramie a two-story house for soldiers' quarters, to. accommodate a company of 100 men, was under way, and the stone walls of a powder magazine, 17 x 27, were now up. The frame building erected the year before, containing four sets of officers' quarters, three rooms in each set, had been floored, lathed, and plas- tered and was nearly finished, and 200,000 bricks had been burnt. "At both places the horse-power saw- mills, which are mainly relied on for the production of lumber, were broken, and continued idle for many months, until the material necessary for their repair could be obtained from St. Louis." The difficulty of obtaining and retaining sufficient workmen "goes on increasing." Many^ of those who were hired would leave for California, "tired of deprivations neces- sarily experienced so far from the settlement."— (Rept. Chief Eng., Ex. Docs., 1850-51, vol. 1, Doc. 1, p. 363.) The distance from St. Louis to Ft. Laramie, by the wagon route, was 637 miles, and from St. Louis to Ft. Leavenworth, the "frontier depot for the posts on the Santa Fe and Oregon routes," by water, 420 miles.—{Rept. Sec. War, Ex. Docs., 1851-52, vol. 2, pt. 1, p. 109.) At this time Gen. Winfield Scott, commander-in- chief of the army, complained of the great expense of furnishing supplies for the troops on the frontier, and said that it was proposed to abandon Ft. Kear- ney and Ft. Laramie, also Ft. Atkinson, situated at the great crossing of the Arkansas on the Santa Fe route. These posts "being in regions which almost forbid attempts at farming or gardening, they can only be supplied with necessaries for man and horse by land transportation, and at prices most enor- mous."—(Ex. Docs., 1851-52, vol. 2, Doc. 2, pt. 1, p. 161.) It had cost during the year as much as $19 per hundred pounds to transport supplies for troops in New Mexico (Ibid., p. 221) ; and in 1850 the average cost of foraere for a horse during one month, at Ft. Kearney,was $27.72 and at Ft. Laramie, $34.24.— {Rept. Adj.-Gen., Ex.Docs., 1850-51,vol. 1, Doc.l,p. 110.) In 1851 the garrison at Ft. Kearney consisted of only one company of the 6th Inf., under Capt. H. W. Wharton, 72 men in all, including four commissioned officers; and that at Ft. Laramie one company of the same regiment, under Captain Ketchum. These posts were in military department No. 6, commanded by Brvt. Brig.-Gen., N. S. Clarke, with headquarters Ft. Kearney was used to some extent for the protection of emigrants from the then hostile at Jefferson barracks, Missouri.—(Ex. Docs., 1851- 52, vol. 2, Doc. 2, pt. 1, p. 194.) By report of the Adjutant-General for 1852 Ft. Kearney and Ft. Lara- mie each had a garrison of one company of the 6th Inf., Capt. Wharton being still in command at the former post. There were four companies at Ft. Leavenworth at the same time.—(Ex. Docs., 1852- 53, vol. 1, pt. 2, p. 56.) In 1853 the garrisons at these two posts remained the same, and at Ft. Riley, established this year, on the "Kansas river, Ne- braska territory," there were four companies of the 6th Inf., and at Ft. Leavenworth there were two companies.—(Ex. Docs., vol. 1, pt. 2, p. 116.) In 1854 Ft. Kearney had the same garrison, but under 1st Lieut. Henry Heth, Ft. Laramie had three com- panies of the 6th Inf., and Ft. Riley had two com- panies of the 2d Inf. These posts were still in the 6th military department, under Gen. N. S. Clarke.— (Ex. Docs., 1854-55, vol. 1, pt. 2, p. 56.) In 1855, the year in which General Harney began his cam- paign against the Sioux, there was a considerable increase in the garrisons of the posts in the Indian country, with the exception of Ft. Kearney, which still had its single company of the 6th Inf., under Captain Wharton, but with some detachments added. At Ft. Pierre there were fourteen companies, of the 2d Drag, aiid the 2d and 6th Inf.; six companies at Ft. Laramie; seven companies, 2d Drag, and 6th Inf., at Ft. Riley ; and ten companies, 1st Cav., at Ft. Leavenworth.—(Rept. Sec. War, Ex. Docs., 1855- 56, vol. 1, pt 2, p. 134.) The report of the Secretary of War at the close of the year 1857 shows that Ft. Kearney was gar- risoned by one company of the 6th Inf., 95 men, under 1st Lieut. E. G. Marshall; Ft. Laramie by three companies, 155 men; Ft. Randall, six com- panies, 387 men; Ft. Riley, one company, 6th Inf., 104 men; and at Ft. Leavenworth, still the main post On the Oregon route, there were seventeen companies.—(Senate Docs., 1857-58, vol. 3, p. 72.) The report'for 1859 shows that there were two com- panies at Ft. Kearney, of the 2d Drag, and 4th Art., 12*3 men, under Maj. W. W. Morris; at Ft. Lara- mie, two companies, 4th Art., 188 men; on patrol duty between those forts, one company 2d Drag., 51 men; en route for Utah, near Ft. Kearney, 355 men; on Prairie Dog creek, near its junction with the Re- publican river, one company 1st Cav., 80 men, under Capt. W. S. Walker of the 1st Cav.; at Ft Riley 105 men; at Ft. Randall 606 men!—(Senate Docs., 1859-60, vol. 2, p. 600.) In 1860 at Ft. Kearney, there were three com- panies of the 2d Drag., and 2d Inf., 206 men in the aggregate, under Capt A. Sully. At Ft. Laramie there were 333 men ; Ft. Riley, 89; Ft. Larned, sit-" uated on the Pawnee fork of the Arkansas river, in Kansas territory, 166; Ft. Randall 341. These posts were under the department of the West, Col. E. V. Sumner commanding, headquarters at St. Louis.— (Senate Docs., 1860-61, vol. 2, p. 216.) In 1861 there were 200 men at Ft. Kearney,—two companies 1st Cav. and one company 2d Drag., under Capt E. W. B. Newby. There were 240 men at Ft. Laramie, 110 at Ft. Randall, 75 at Ft Riley, and 65 at Ft. Larned. These posts were in the west- ern department.—(Er.pt. Sec. War, Senate Docs., 1861-62, vol. 2.) According to the report of the adjutant-general, Oct.'20. 1867, Brvt. Maj. Alexander J. Dallas wasi66 HISTORY OF NEBRASKA Pawnees. The fort at that time is described by Stansbury,1 who found the famous Captain (now Colonel) Bonneville in command with two companies of infantry and one of dragoons: "The post at present consists of a number of long low buildings, constructed principally of adobe or sun dried bricks, with nearly flat roofs; a large hospital tent; two or three work shops enclosed by canvas walls; storehouses constructed in the same manner; one or two long adobe stables with roofs of brush, and tents for the accommoda- tion of officers and men." In 1849 a regiment of mounted riflemen was de- tailed "to establish two more of the chain of posts along the route lo that territory (Oregon)—one to be at or near Ft. Lara- mie, a trading station of the American Fur com- pany, . . . and the other at the trading es- tablishment at Ft. Hall, on the head-waters of the Columbia river," near enough to the Mormon settlement at Salt Lake to draw supplies, "and at the same time sufficiently near the direct road to Oregon to afford a stopping place for parties of emigrants to rest, repair their wagons, etc."2 in command at Ft. Kearney, and the garrison con- sisted of two companies of the 30th Inf. and recruits. At Ft. McPherson, Lieut.-Col. and Brvt. Brig.-Gen. Henry W. Wessels was in command, with one com- pany 3d Art., and the post was headquarters for the 18th Inf., making the garrison 335 men in all. This post is here designated as being two miles west of Cottonwood Springs. At Ft. Sedgwick, Col., near the Nebraska border, Brvt. Brig.-Gen. Joseph H. Potter was in command, with four companies of the 2d Cav. and the 4th and 30th Inf., 261 men in all. At Camp Sargent, near North Platte, there were three companies of the 4th and 30th Inf. under Maj. Richard I. Dodge. There were twelve companies in and about Ft. Laramie; six companies of the 4th and 18th Inf., at Ft. Fetterman; four companies of the 18th Inf. at Ft. Reno; six companies of the 2d Cav. and 27th Inf. at Ft. Phil Kearney; five com- panies of the 27th Inf. at Ft. C. F. Smith, and one Company at Ft. Randall. These posts were in the military division of the Missouri, Lieut.-Gen. Wil- After the close of the Mexican war more attention was paid to the defense of the In- dian country. In 1853 Ft. Riley was estab- lished, and though situated on the Kansas river, near the site of the present Junction City, it is designated in the official report as in "Nebraska Territory." General troubles with the Sioux Indians, and in particular the Grattan massacre, led the war department to begin an aggressive campaign against them in the following spring, the formal order for which was issued by the Secretary of War, March 2, 1855, and Gen. William S. Harney was naturally selected to com- mand the forces. His command comprised ten companies of the 6th Inf., six of which were at Jef- ferson barracks; three were taken from Ft. Lara- mie and one from Ft. Kearney; the light bat- tery of 4th Art. from Ft. Leavenworth; two com- panies of the 2d Inf. from Ft. Riley; and four from Carlisle (Pa.) barracks; and four companies of the 2d Drag, from Ft. Riley. The four companies of the 2d Inf. from Carlisle and the two companies of infantry from Ft. Riley were transported by boat up the Missouri liam T. Sherman commanding, and the department of the Platte, Brvt. Maj.-Gen. Christopher C. Augur commanding, with headquarters at Omaha, Neb. ' Expedition to the Great Salt Lake, p. 30. 2Rept. Adjt.-Gen., 1849, in Rept. Sec. War, Ex. Docs., 1849-50, vol. 3, pt. 1, p. 185. 3Maj. John W. Pearman, deceased, was born in Hardin county, Ky., Mar. 16, 1832, and was a son of Hugh and Nancy (Wlialen) Pearman. His youth was passed upon his father's farm, where he worked in summer, attending the district school during the winter. When fourteen years of age he went to Louisville to sell a load of tobacco, and there saw a lad about his own age being sold into slavery. He was so affected by tbe scene that he declared him- self against slavery, though his father and brothers held opposite views. May 10, 1854, he arrived at Nebraska City, Neb., where he began work as a day laborer. Two years later he was elected county MAJOR JOHN W. PEARMANTERRITORIAL MILITARY HISTORY 167 river. The rest of the troops in question were ordered to rendezvous at Ft. Kearney and Ft. Laramie. General Harney marched with his forces—about 1,200 in number—from Ft. Laramie1 to the battlefield of the Blue Water; and on the 19th of October he arrived at Ft. Pierre after scouting the Brule country on the White and Cheyenne rivers. General Har- ney's army wintered at and in the vicinity of Ft.-Pierre. On the 14th of April, 1855, P. Chouteau & Co. sold the trading post called Ft. Pierre, which they had established in 1832, to the United States for a military post, pos- session to be yielded June r, 1855. The con- sideration for the transaction was $45,000 on the part of the United States and little more than a collection of huts in bad repair on the part of the company; but such discrepancies were familiar incidents in the dealings of the Indian department of the western frontier. Two steamboats were bought and six others hired to transport the first garrison and their winter stores to this fort. It was situated on the west bank of the Missouri river, opposite the site of the present capital of South Da- kota, of the same name. Owing to a pro- treasurer and was reelected in 1862, but resigned to enlist as a private in the 2d Neb. Cay. for nine •months' service. He was commissioned junior major by Governor Sclunders, and the regiment sent north to suppress the Indians. His term Of enlistment expiring, he was appointed assistant quartermaster by President Lincoln and sent to Virginia, where he saw active service until the close of the war. He was then placed in charge of the quartermaster's stores at Davenport, la. In 1870 he returned to Nebraska City and established a nursery business. During the last twenty years of his life he engaged in agricultural and horticultural pursuits, was active in newspaper work and took a prominent part in politics, as a republican. He was a member of the school board for many years. He gained a wide reputation throughout Nebraska as squatter governor of the third house. He was a member of the Odd Fellows, and affiliated with the Methodist church. Feb. 4, 1856, he was married to Mary A. Swift of Atchison, Mo., and eleven children were born to them: Anna Nebraska, wife of Edward L. Sayre of Omaha; Alice and Pinkie, deceased; Mary, wife of C. H. Pringle. Omaha; Fred L.; Horace S.; Pru- dence, wife of Charles A. Dunham, South Omaha; Hugh C., Deadwood, S. D.; Guy R., Nebraska City; Margaret; and Catherine, wife of L. M. Davis of South Omaha. *In the official report of Colonel Steptoe's expe- dition in 1854 it is said that the different roads from Independence, Westport, and St. Joseph "converge and foirm one great highway, touching the Platte at Ft. Kearney, and following up the south bank to the longed drouth in that part of the country it was difficult to procure the. necessary supply of hay, so that it was proposed to winter part of the horses near Council Blutfs.2 General Harney did not approve of Ft. Pierre as a per- manent post, largely because the country round about it was very barren; and but little money was spent in its improvement. He preferred a location on the west bank of the Missouri river thirty miles above the mouth of the Nio- brara; and through his influence all that was of value and portable belonging to Ft. Pierre was moved to this location, which was named Ft. Randall,3 after a colonel of the regular army. A part of the garrison of Ft. Pierre was sent to the new post during the summer of 1856, and on the 16th of May, 1857, the fort was finally abandoned. During the summer of 1856 a considerable part of General Harney's command was sta- tioned at old Ft. Lookout, situated about twelve miles below the big bend of the Missouri river.4 As the political organization of Nebraska was born in the throes of a desperate national contest, so likewise the ears of its very first crossing of South Fork. . . The Mormons, how- ever, in their exodus, established themselves at ^ or near Council Bluffs, and in the following spring (1847) took their way to the Platte and followed up its northern, or left bank. This side of the river is not considered so eligible or easy a route as the old one, which is the one almost exclusively traveled. Gen. Harney has gone over this route as far as Fort Laramie, and his recent conflict with the Brule Sioux was at Ash Hollow, on the south bank of the north fork of the Platte, and upon this emigrant road."— (Senate Docs., 1855-56, vol. 2, p. 152). Rept. O. M. Gen,., 1855, Ex. Docs., vol. 1, pt. 2, p. 148. 8 This fort was named in honor of Daniel Ran- dall, a native of Maryland, appointed assistant dis- trict paymaster in the army, June 8, 1814, who rose to the rank of lieutenant-colonel deputy oaymaster general Mar. 3, 1847. He died Dec. 17, 1851. . 4 The following memorandum furnished by cour- tesy of the war department, Sept. 24, 1904, contains a list of the military forts in^ the state and territory Of Nebraska, with their locations, the dates of their establishment, and the time of abandonment of those Which have been discontinued: "Ft. Atkinson, situ- ated on the west bank of the Missouri river, five [fifteen] miles from Omaha, established Sept. 19, 1819, and abandoned June 15, 1827. Ft. Crook, situ- ated on the B. & M. R. R. and the M. P. R. R., ten miles south of Omaha, was established June 25, 3896. Ft. Hartsuff, situated on the north side.of the Loup river, seventy-six miles from Grand Island, was established Sept. 5, 1874, and abandoned May 9,i68 HISTORY OF NEBRASKA settlers were attuned to war's alarms. Among the organic proclamations issued by Acting Governor Cuming was one calling for the organization of two volunteer regiments for the reason that "different tribes of Indians, within the limits of this territory, have made manifest their purpose to commit hostilities upon the pioneers of Nebraska; some of them openly threatened to root out the frontier set- tlements" ; and "some bands of said tribes have committed frequent depredations upon parties of emigrants to Utah, Oregon, and California during the past season and have threatened to renew their attacks during the coming spring." The territory was in a state of desultory war- fare with the Indians from the beginning until 1868, but hostilities were most severe in 1864 and 1867. The first regular military organ- ization was authorized by the act of the sec- ond session of the legislature, January 23, 1856. This act provided for the formation of two brigades, the first for the North Platte and the second for the South Platte section. The governor was commander-in-chief of these forces, and a major-general and two brigadier- 1881. Ft. Kearney (old), situated on the west bank of the Missouri river, fifty miles south of Omaha, was established in July, 1847, and abandoned in May, 1848. Ft. Kearney (new), situated on the south side of the Platte opposite Grand Island, was established in May, 1848, as Ft. Childs, and aban- doned May 17, 1871. Ft. McPherson, situated on the south side of the Platte, two miles west of Cotton- wood Springs, was established Sept. 27, 1863, as Cantonment Ft. McKean. The designation was changed to Post of Cottonwood in Feb., 1864; to Ft. Cottonwood in May, 1864; and to Ft. McPherson, Feb. 20, 1866. A portion of the reservation was set apart for a national cemetery Oct. 17, 1873, and all but this part was abandoned in 1880. Ft. Niobrara, situated on the south bank of the Niobrara opposite the mouth of the Minichaduza river, was established Apr. 22, 1880. Ft. Omaha, situated on the Missouri river, four miles above Omaha, was established Dec. 5, 1868. It was known as Omaha barracks until 1878. ^ The troops were withdrawn Sept. 16, 1896, and since then it has served successively as a quar- termaster's depot and a U. S. signal station. Ft. Robinson, situated on the White river at Red Cloud agency (mouth of Spring creek), was established May 8, 1874. Ft. Sidney (formerly Sidney barracks), adjoining the town of Sidney, was established Dec. 13, 1867, as a subpost of Ft. Sedgwick, C. T. It was made an independent post Nov. 28, 1870, and abandoned June 1, 1874. Ft. Grattan, situated at Ash Hollow, 188 miles west of Ft. Kearney, was established Sept. 8, 1855, and aban- doned Oct. 1, 1855. Ft. Laramie (Wyo.), situated on the Laramie about a mile above its junction with the North Platte river, was originally established by trappers in 1834. It passed into the hands of the generals were chosen at a joint session of the legislative assembly the day after the act was passed. John M. Thayer was chosen major- general; Leavitt L. Bowen, brigadier-general of the 1st brigade, and Hiram P. Downs brigadier-general of the 2d brigade.1 For the Civil war the territory furnished the remarkably large quota of 3,307 men and officers out of a total population of less than 30,000. These men were organized in the 1st Regt. Neb. Cav., 1,370 rank and file; the 2d Regt. Neb. Cav., 1,384 rank and file ; the Cur- tis Horse, 341 rank and file; the Pawnee Scouts, 120 rank and file; the Omaha Scouts, 92 rank and file. The 1st Regt. Neb. Vol. was organized in June, 1861, as an infantry regiment; but in November, 1863, it was changed by order of the war department to the cavalry branch of the service. The or- ganization of the regiment was completed by the 30th of July, 1861, with John M. Thayer, colonel ;2 and on that date the first battalion, under command of Colonel Thayer, left Omaha by steamboat and arrived at St. Joseph, Mo., on the 1st of August and at Independ- American Fur Co. in 1845, and was sold to the United States, June 26, 1849. It was occupied by United States troops from June 16, 1849, to Apr. 27, 1890, when it was abandoned as a military post. The reservation was turned over to the interior de- partment June 10, 1890. Ft. Pierre! (S. D.), situ- ated on the Missouri river, opposite the present site of Pierre, S. D., was established July 7, 1855, and abandoned May 16, 1857. Ft. Riley (Kan.), situated four miles east of Junction City, Kan., was estab- lished May 17, .1853. 1 House Journal, 2d Ter. Sess., p. 162. 2 The regimental officers of the 1st Regt. Neb. Vet. Vol. Cav. were as follows: Colonel, John M. Thayer (promoted to brigadier-general October 4, 1862); colonel, Robert R. Livingston; lieutenant-colonels, Hiram P. Downs (resigned December 31, 1861), William D. McCord, Robert R. Livingston, William Baumer; majors, William D. McCord, Robert R. Livingston, William Baumer, Allen Blacker, George Armstrong, Thomas J. Majors; adjutants, Silas A. Strickland, Francis L. Cramer, Francis A. McDon- ald ; regiment quartermasters, J. N. H. Patrick, John E. Allen, Charles Thompson; commissary, John Gil- lespie; surgeons, Enos Lowe, James H. Seymour, William McLelland; assistant surgeons, William McLelland, Napoleon B. Larsh, George W. Wilkin- son; ^chaplain, Thomas W. Tipton. Colonel Living- ston served until July 1, 1865; Lieutenant-Colonel McCord resigned April 22, 1862; Major Thomas J. Majors was mustered in July 19, 1865, and was mustered out July 1, 1866; Silas A. Strickland re- signed April 22, 1862. John Gillespie, who afterward became the first state auditor, was mustered in Jan- uary 1, 1864, and mustered out July 10, 1865.LIBRARY Of THE UNIVERSITY OF ILLINOISTERRITORIAL MILITARY HISTORY 169 ence in the same state on the 3d of August, but returned to St. Joseph on the 5th. On the 15th of August the rest of the regiment joined this battalion at Pilot Knob, Mo. The regiment went into winter quarters at George- town, Mo., but during the winter saw hard service in the field. On the nth of February, 1862, Colonel Thayer's command arrived at Ft. Henry, Tenn., and then went to Ft. Don- elson and arrived there on the 13th. The regiment was assigned to a brigade which was commanded by Colonel Thayer, and it made a fine record in the attack on this fort, which resulted in its capture. This regiment also did splendid service in the famous battle of Shiloh, under the brigade command of General Thayer and in the division of Gen. Lew Wallace. The regiment did good service campaigning in Arkansas and Missouri un- til August 28, when it was ordered to St. Louis. Under its new cavalry or- ganization it was again sent to Arkansas, where it was kept in active service until January, 1864, when the veterans of the regi- ment were granted fur- loughs until August 13, and they arrived at Omaha on the 28th of January. On the 18th EDWARD T)E MORIN, TRAPPER, HUNTER, SCOUT AND GUIDE1 of August these veterans were ordered to Ft. Kearney and arrived there on the 23d. By an order dated January 31, 1865, the 1st Bat., Neb. Yet. Cav., was consoli- dated with the 1st Neb. Vet. Cav. under the name of the 1st Neb. Cav. The new regiment remained in the plains country, scouting and fighting Indians, in which service the old or- ganization had also been engaged, until it was mustered out at Omaha on the 1st of July, 1866. This regiment from the first did splen- did service and won great praise from soldiers as well as civilians. On the 31st of July, 1862, Governor Saunders issued order No. 1, in which it was required that "all male residents of the territory between the ages of twenty-one and forty- five should forthwith enroll their names in independent or militia companies of not less than thirty-five nor more than sixty-four per- sons each." There was much resent- ment shown against Gen- eral Lane's alleged intru- sion into the territory to raise recruits, under an order of the Secretary of War, dated July 22, 1862, within the department of Kansas which in- cluded Nebraska, and on the 18th of August 1 Edward de Morin, commonly known as "Iron Legs," frontiersman, trapper, guide, and scout, was born in Montreal, Can., Sept. 28, 1818, and died in North Platte, Neb., June 16, 1902. Mr. Morin was of French-Canadian descent. His father was an early voyageur and trader on the St. Lawrence river. In 1834, Edward, himself, was employed as boatman by a transportation company, and was sent to Ft. Dearborn, now Chicago. During the winter he en- gaged in trapping along the Illinois river and its tributaries, and in the spring of 1836, with a number of companions, constructed a flotilla of boats near Ottawa, 111., which, loaded with furs, were drifted and rowed down the Illinois and Mississippi rivers to New Orleans. Returning to St. Louis, he entered the employ of the American Fur Co., and engaged in the Missouri river Indian trade. Just prior to the close of navigation that winter, 1836-37, Mr. Morin was left at a trading post near the mouth of the Niobrara river. Here he lived with the Ponca In- dians for several years. He continued in the em- ploy of the American Fur Co. for five years, and then engaged successively with Rabbit & Cotton, and with Harvey, Premo & Co., working about six years for each of these companies. In 1844, with a party ■of hunters and trappers, Mr. Morin pushed westward to California, returning in the summer of 1842 to the Missouri river. In 1848 he was married, in St. Louis, to Miss Valentine Peters, daughter of a steam- boat pilot on the Mississippi river. In 1853 Mr. Morin settled in what is now Lincoln county, Neb., and established a trading post at the mouth of Box Butte canyon, two miles west of the later site of old Ft. McPherson. In 1855 he built a ranch house twelve miles south of the present town of North Platte, and near what is now known as Morin canyon, situated on the Overland trail to Pikes Peak. Here he remained until 1867, when the build-170 HISTORY OF NEBRASKA Governor Saunders issued a proclamation as follows: "Whereas, Certain persons, representing themselves to be recruiting officers for volun- teer regiments organizing in the states of Kansas and Missouri, are striving to induce citizens of this territory to enlist in said regi- ments ; and whereas, I have been notified that officers have been detailed and will shortly arrive in the territory to recruit in our own regiment now in the field, which, together with the number necessary for our home pro- tection, will require every volunteer that the territory can furnish: Now, therefore, I, Al- vin Saunders, governor of the territory of Nebraska, do hereby give notice to all such persons that they must immediately desist from their attempts to procure enlistments in this territory for regiments organized or about to be organized in any other state or territory, and I do forbid any and all citizens of the territory to enlist in any regiment, battalion, or company not expressly authorized to be raised by this department, or to go beyond the limits of this territory to so enlist in any other state or territory."1 On the 15th of April, 1862, Col. Robert W. Furnas, up to that time publisher of the Ad- vertiser at Brownville, lleft that place with Dr. Andrew S. Holladay and Lieut.-Col. Stephen H. Wattles of Washington county, for the headquarters of the 1st Regt. "Indian Home Guards" in the Indian territory2 of which he was colonel.8 Colonel Furnas was for a time acting brigadier-general of the three Indian regiments in the interior of the Indian terri- tory and participated in several engagements.4 In the fall of 1862 he resigned the office of ing of the Union Pacific R. R. caused the decline of wagon travel, and he abandoned the supply ranch business. He then began stock raising, which he continued until the death of his wife, in 1875. Mrs. Morin was killed, Aug. 28 of the latter year, by the accidental discharge of a shotgun in the hands of an excited emigrant, who had discovered a couple of antelope. Mr. Morin was employed by the gov-, ernment as Indian interpreter and scout from 1862 to 1872. To the Indians he was always known as "Iron Legs," owing to his power of endurance as a pedestrian. For the last six years of his life he made his home with his daughters, Mrs. Sylvester Friend and Mrs. Joseph Fillion of North Platte, Neb. Eight children were born to Mr. and Mrs. Morin, six of whom are living. Besides .the daugh- ters, four sons reside in the Black Hills. 1 Nebraska Advertiser, Aug. 30, 1862.—The Adver- tiser, while admitting Lane's authority to recruit in Nebraska, yet seconded the Governor's protest: colonel of the 1st Indian Regt. for the reason that, "such has been the course pursued to- ward the Indians for the past few months that he could no longer render them useful in the service."5 Colonel Furnas had "devoted nearly his whole time to military matters'since the rebellion broke out"—seven months in active service in the field. It was said that "to him, perhaps, more than any other man, is southern Nebraska indebted for its military ardor, and the consequent unparalleled number of men in the field in proportion to population," and that "he has gone to work vigorously assist- ing to raise the second company from this section for the new cavalry regiment."6 On the 9th of September, 1862, Acting Gov- ernor Paddock sent the following telegram to Secretary Stanton of the war department: "Powerful bands of Indians are retiring from Minnesota into the northern counties of this territory. Settlers by hundreds are flee- ing. Instant action is demanded. I can turn out a militia force, a battery of three pieces of six-pounders, and from six to ten com- panies of cavalry and mounted infantry. The territory is without credit or a cent of money. Authorize me by telegraph to act for the general government in providing immediate defense, and I can do all that is necessary with our militia if subsisted and paid by government." This communication was referred to Gen- eral Pope who was in command*of the mili- tary department—Department of the Missouri —with headquarters at St. Paul. Inspector- General Elliott was sent to Omaha to. nego- tiate with the Governor, and the organization "Men have been daily leaving this portion of the territory and enlisting in Missouri and Kansas, and we are glad to see a stop put to it. We are opposed, as we think every citizen should be, to raising com- panies, or fractions of companies, to be attached to other organizations outside of Nebraska. Let us fili up our old noble Nebraska First, then raise another entire new regiment." 2 This was one of three regiments which were re- cruited from the 9,000 refugee Indians who were driven from the Indian territory in the fall of 1861 on account of their loyalty to the Union cause. These Indians were organized to defend their coun- try from invasion by the Confederates. 8 Nebraska Advertiser, Apr. 17,1862. 4 Ibid., Aug. 9,1862. 6 Ibid,, Nov. 1, 1862. 6 Ibid.TERRITORIAL MILITARY HISTORY 171 of the 2d Regt. Neb. Cav., with R. W. Furnas as colonel, followed. On the 3d of Septem- ber, 1863, this regiment, under command of Colonel Furnas, bore the principal part in a sharp and successful engagement with about 1,000 Indians at White Stone Hill, in what is now central south Dakota. The regiment had enlisted for nine months and was mus- tered out at the end of that time. In December, 1861, the Curtis Horse Cav. Regt., which included the Nebraska battalion commanded by Lieut.-Col. M. T. Patrick,1 was organized. Three of the companies of this battalion were recruited at Omaha and the other at Nebraska City. The regiment was ordered to Tennessee, but on the 14th of Feb- ruary crossed the river and went into camp at Ft. Heiman, Ky. It was kept in active ser- vice until June 25, 1862, when it was assigned to the state of Iowa under the name of the 5th Iowa Cav., with officers as follows: W. ^Mathewson T. Patrick, lieutenant-colonel U. S. Vol., Indian agent, U. S. marshal, for some years prominent in Montana, Wyoming, Nebraska, and the Dakotas as a stage line operator, was born in Pittsburg, Pa., Feb. 7, 1834, and died in Omaha, Neb., Feb. 21, 1899. Mr. Patrick received a com- mon school education at the place of his birth and entered into merchandising in Uniontown, Pa., which he followed until 1856, when he removed to Omaha and for a short time was engaged in the lumber trade, and became prominent in the early affairs of the city. At the beginning of the Civil war Mr. Patrick raised and organized Co. A of the 1st Neb. Vol. Cav., and on the completion of the organization in Aug., 1861, he was elected and com- missioned as captain of one of the four companies of this cavalry, and was ordered to St. Louis bar- racks where, under an order of the ;war depart- ment, these companies were consolidated with four companies of cavalry from Minnesota, three from Iowa, and one from Illinois, and organized into a regiment called the 5th la. Vol., and Mr. Patrick was promoted to the lieutenant-colonelcy of the regiment. After being drilled at Benton barracks until the attack was made on Fts. Henry and Don- elson the regiment was ordered to Ft. Henry, and for eighteen months garrisoned Henry and Donel- son along with infantry regiments, and was used in scouting western Tennessee. The regiment was afterwards moved up to the front and participated in the battles reaching from Chattanooga to At- lanta, and Colonel Patrick commanded and brigaded under Rousseau in his celebrated raid through Ala- bama and Georgia, around Chattanooga and At- lanta. In the History of the Army of the Cumber- land by Van Home Colonel Patrick is spoken of as a brave and efficient officer. Having retired from the army with honor, he received letters from Gen. George H. Thomas and Rousseau highly commend- ing him for his bravery as an officer. He was afterwards appointed agent for the Sioux and Chey- W. Lowe,2 colonel ; M. T. Patrick, lieutenant- colonel; A. B. Bracket, major; William Ash- ton, lieutenant and adjutant; Enos Lowe, sur- geon; B. T. Wise, assistant surgeon; Charles B. Smith, quartermaster. This regiment saw constant active service until the close of the war. Nebraska volunteers of the Civil war were cosmopolitan in their enlistment. "Although there is in the union army but one regiment of infantry and a few companies of cavalry that bear the name of Nebraska, yet she de- serves credit for contributing as large a num- ber of soldiers, in proportion to her inhabi- tants, as any state or territory in the union. There is scarcely a regiment from either Kan- sas, Missouri, Iowa, or Illinois, without more or less from Nebraska. In reading of regi- ments from Ohio, Indiana and other places we frequently find names of soldiers whose home is 'in Nebraska.' A friend writes that ennes, which position he held for a few years. Froim 1869 to 1873 he was U. S. marshal for the territory of Utah. In 1876 he became associated with his brother, A. S. Patrick, and Mr. Salisbury in the operation of a stage line from Sidney to Deadwood. This was at that time a very important line. After having sold out to Mr. Salisbury in 1878 he and his brother, A. S. Patrick, joined in operating a stage line from Rock creek on the U. P. R. R. to Fts. McKinney and Custer on the Yellow- stone river. Mr. Patrick during this time main- tained his residence in Omaha. He was a large holder of realty, and increase in its value added greatly to his wealth. Colonel Patrick was married in Worcester, Mass., Aug. 6, 1881, to Miss Eliza S. Burdette of New York city, daughter of Charles Burdette, author and critic. Colonel and Mrs. Pat- rick had three children: Jessie Burdette, Edith Mathewson, and Marjorie Erskine. 2 Gen; William Warren Lowe, son of Dr. Enos and Kittie Ann (Read) Lowe, was born in Green- castle, Ind., Oct. 12, 1831. He was graduated from West Point Military academy July 1, 1853, and ap- pointed from Iowa as brevet 2d lieutenant 2d Drag., July 1, 1S53; 2d lieutenant 1st Drag., Oct. 22, 1854; transferred to 2d Cav., Mar. 3, 1855; 1st lieutenant Dec.. 1, 1865; captain, May 9, 1861; 5th Cav., Aug. 3, 1861; major, 6th Cav., July 31, 1866. Resigned June 22, 1869. Brevet rank—brevet major, Oct. 9, 1863, for gallant and meritorious service in the cav- alry engagement near Chickamauga, Ga.; brevet lieutenant-colonel, Dec. 15, 1863, for gallant and meritorious service in the cavalry action near Hunts- ville, Ala.; brevet colonel, Mar. 13, 1865, for gallant and meritorious service during the war; brevet brig- adier-general, Mar. 13, 1865, for gallant and meri- torious service in the field during the war. In May, 1868, previous to his resignation from the army, he settled in Omaha, where he engaged in active busi- ness life until his death, which occurred there, May 18, 1898.172 HISTORY OF NEBRASKA in the regiment he belongs to (the Kansas Eighth) there are sixty-seven Nebraska boys. In the Kansas Second there is one company almost exclusively from Nebraska. In the 5th Regt. Mo. state militia there is another company from Nebraska. In [Benjamin F.] Loan's Brigade at St. Joseph, among both of- ficers and men there are many Nebraska boys, we know not how many, probably not less than 200. If as many have gone from other por- tions of the territory as from Nemaha county, there are not less than five thousand of the hardy veterans of Nebraska now fighting in the armies of their country."1 When Indian hostilities broke out in the territory in the summer of 1864 Governor Saunders called out four companies of militia and a detachment of artillery as follows: Co. A, Capt. Thomas B. Stevenson,2 53 men rank and file, mustered into service August 12, 1864, mustered out December 21, 1864; Co. B, Capt. Isaac Wiles, same number of men, mustered in August 13, 1864, mustered out February 13, 1865; Co. C, Capt. Alvin G. White, 57 men, mustered in August 24, 1864, mustered out 1 Nebraska Advertiser. 2 Thomas B. Stevenson, lawyer and member of the first state senate of Nebraska, was born near Sackett's Harbor, Jefferson county, N. Y., July 28, 1835, died at Nebraska City, Neb., July 11, 1893. He was a son of Thomas and Hannah (Martin) Steven- son, and at an early age was left an orphan at King- ston, Ont., to which place his parents had removed in his early childhood. Soon as old enough to work, he was placed with a farmer, with whom he remained two years. Then he worked for a year at learning the cabinet-makers' trade. Later he secured a posi- tion in a shoe store at Kingston. His school ad- vantages were small. He was of a studious nature, and spent his spare moments in studying what books he could get hold of, and at Kingston he attended the night schools. When fifteen years old he went to Belleville, Ont., where he supported himself by working as a clerk in a store for three years, in the meantime attending school. He was determined to educate himself, and going to Ohio he entered. An- tioch college, where he paid his tuition by doing chores about the college building and working as a clerk during the evenings for his board. In 1859 he had sufficiently advanced to teach. school, and for two more years he alternated his time by teach- ing and attending college. In 1861 he returned to Belleville, where he remained a year. Then going to Chicago, 111., he commenced reading law in the office of Lull & Smith, and in 1863 he was admitted to the bar at Ottawa. 111. His hard work at study and to gain means of support undermined his health, and he decided to go to California. On his way he stopped at Nebraska City, Neb., and concluded to remain there. He formed a copartnership with Oli- February 7, 1865. These companies belonged to the J st Regt., 2d Brig. The fourth com- pany, Capt. Charles F. Porter, was Co. A of the 1st Regt., 1st Brig., 47 men, mustered in August 30, and mustered out November 12, 1864. The detachment of artillery militia, under Capt. Edward P. Childs, numbered 13 men and was mustered in August 30 and mustered out November 12, 1864. In the summer of 1864 a company of Paw- nee Indians was formed under Capt. Joseph McFadden. This company was known as Co. A, Pawnee Scouts. On January 13, 1865, the company was increased to ninety-five, and mustered into the service of the United States under Capt. Frank J. North. On May 3, 1865, a company of Omaha Indians known as Co. A, Omaha Scouts, Capt. Edward R. Nash, was mustered into the service of the United States and mustered out July 16, 1866.8 It was estimated that during the ten years immediately preceding January 1, 1871, about 150 persons were killed, and stock and other property to the amount of more than $25,000 destroyed by hostile Indians.4 ver P. Mason, which was continued until 1867, when Mr. Mason was elected to the supreme bench. In Aug., 1864, Mr. Stevenson joined Co. A, 2d Neb. Mil., and was in active service on the frontier until the close of the war in 1865. He was a member of the state senate of Nebraska in 1869-70, and also was a member of the house in 1885. For five terms he was mayor of Nebraska City, and for fnany years an active and leading member of the school board of the same city. He was a republican, and a faith- ful and hard worker for his party's interests. He cast his first vote for Lincoln for president, and was a member of the national convention that nominated General Grant for the presidency. After the part- nership of Mason & Stevenson was dissolved, Mr. Stevenson formed a partnership with the late Mon- roe L. Hayward, which lasted for about ten years. He afterwards continued practice alone, and became recognized as one of the ablest and most conscientious and aggressive members of the Ne- braska bar. For many years there were few impor- tant cases in the courts from southeastern Nebraska in which he did not appear. He was a man of highly developed social qualities, and won the ad- miration and friendship of those he came in contact with, even his opponents in legal conflicts. He was married at Sidney, la., in 1868, to Miss Annie Nice- wander, a native of Virginia. Five children of this union are living: Olla, Thomas, John, Nellie, and Annie, all residing in Nebraska City, except John, who lives in Kansas City, Mo. sThe report of the adjutant-general of Nebraska, dated Jan. 1, 1871, is the principal source of these statistical data. 4 Rept. A djt.-Gen. of Neb., Jan. 1. 1871.TERRITORIAL MILITARY HISTORY r73 The counties of Platte, L'eau-qui-court, Jef- ferson, Cedar, Buffalo, Seward, and Butler, besides the unorganized country to the west, were the worst sufferers from these depre- dations. Contemporaneous accounts of the troubles with the Indians in Nebraska which are pre- served in the territorial newspapers and in lo- cal official publications supplement the reports of the federal war and Indian departments with additional facts and illustrative descrip- tions. In his message to the 2d general as- sembly, December 18, 1855,1 Governor Izard relates that on the 30th of the previous July he received an express from Fontenelle bring- ing the news that a party of citizens had been attacked about two miles from the town in which men were murdered and scalped, and a woman wounded, marvelously escaping with her life. The governor had im- mediately ordered Brigadier-General Thayer to raise a vol- unteer force, and soon a company of forty men was mounted, armed, and equipped under command of Capt. W. E. Moore and dis- 1 Council Journal, 2d Ter. Sess., p. 10. aGen. William Selby Harney was born at Hays- boro, Tenn., Aug. 27, 1800, son of Thomas Harney, an officer in the Revolutionary war. Wm. S. Har- ney was appointed 2d lieutenant 19th U. S. Inf. from Louisiana, Feb. 13, 1818; was promoted to 1st lieutenant Jan. 7, 1819; was made captain, May 14, 1825; major and paymaster, May 1, 1833; lieutenant- colonel 2d Drag., Aug. 15, 1836; colonel, Jan. 30, 1848, and brigadier-general Jan. 14, 1858. General Harney served in the Black Hawk war, also in the Florida war, and was with the army in the war with Mexico, distinguishing himself for bravery at Me- dellin, Mar. 24, 1847, and for services in the battle of Cerro Gordo was breveted brigadier-general. At the close of the Mexican war he was detailed for frontier duty, and Sept. 3, 1855, defeated the Sioux Indians at Sand Hills on the Piatte river. In June, patched to Fontenelle—all within fifteen hours from the receipt of the news of the outbreak. A post was established at Fontenelle, and small companies were stationed at Elkhorn City and one at Tekamah, which were kept there until the 9th of October, when it was ascertained that the Indians had retired into the interior. The Nebraska City News of July 10, 1858, reports that the Pawnee Indians—-"these mis- erable aborigines'' — are troublesome to trains on the Utah route, and as General Denver, Indian com- missioner, made a treaty with them the previous September for an annuity of $40,000, they ought to be paid in Nebraska City so that pledges for good behavior might be taken, and, July 2, 1859, the same journal reported that recently the Sioux made a descent on the Pawnee village, situ- ated on the Platte river south of Fremont, and burnt it to the ground. The Pawnee warriors were absent on their annual hunt, but some of the old men and women were killed. The Pawnees acknowledged their ' inferiority 1858, he was assigned to the command of the de- partment of Oregon, and one of his first acts was to take military possession of the island of San Juan, claimed by the British government. This led to a dispute with Great Britain, and General Harney was recalled. Later he was given command of the west with headquarters at St. Louis. In Apr., 1861, while en route to Washington, he was arrested by the Confederates at Harpers Ferry, W. Va., and taken to Richmond, where he was urged to join the Confed- erate forces. He refused to do so, but was released, and allowed to report at Washington. On his re- turn to St. Louis he warned the people of Missouri against secession, and May 21, 1861, entered into an agreement with Gen. Sterling Price of the state mil- itia to make no military movement upon the part of the United States government so long as peace was maintained by the state authorities. At the close of GEN. WILLIAM SELBY HARNEY 2r74 HISTORY OF NEBRASKA to their implacable western foes by applying to the Poncas and Omahas for assistance. The same paper, July 30, 1859, notes the return to Omaha of the army that chased the Pawnees, and that, according to the Nebras- kian, the citizens gave them an enthusiastic welcome. "A more thievish, rascally set of scoundrels cannot be found . . . but this would have been no justification for cutting them to pieces when they threw away their arms and declared they wouldn't fight." They signed a treaty for indem- nity for all depredations and acceded to all de- mands made upon them. The Dakota City Herald of September 10, 1859, says the Indians—mainly the Brules and Ogallala Sioux—about the Nio- brara river ' 'are becoming too insolent and too bold for quiet to reign much longer in these parts." The Omaha Republican, January 4, i860, learned from Clement Lambert of Decatur that the Brule Sioux Indians had made a descent upon the Omaha village on December 21, and carried off sixty-five horses. The Nebraskian •of May 12, i860, states that the Sioux on the Loup had recently attacked the Pawnees, kill- ing five squaws, and teen of their horses. W-~: some time before eigh- The Huntsman's Echo, September 6, i860, published at Wood River Center by Joseph E. Johnson, observes that, "It seems that the de- mand of Major Gillis [Pawnee agent at Ge- noa] for troops to protect the Pawnees from the rapacity of the Sioux has been indorsed at headquarters, and already a detachment of horse and foot have gone over." The same paper reports a descent by thirty Cheyennes on the Pawnee village, and that six hundred Sioux and Cheyennes were at Ft. Kearney "on their way to flax out their friends the Pawnees." The Dakota City Dem- ocrat of April 20, 1 861, had just learned that ' 'the inhabitants of Niobrarah, assembled in arms and boarded the steamer Omaha, when she landed at that point, and de- manded that she should go no farther up the river, but should at once steam down stream. They also stated that they would al- low no boat to pass up for the purpose of removing the Fort Randall troops, as they were all the pro- tection the frontier had. A difficulty occurred when the citizens and the steamboat men com- menced on each other. Four persons are known to have been killed and several wounded. The Omaha was obliged to turn down stream." The Nebraska GENERAL JOHN M'CONIHE 1 the war he was breveted major-general for long and faithful services, and died in St. Louis May 9, 1889. —(National Cyclopaedia of American Biography.) JGen. John McConihe, soldier and Nebraska pio- neer, third son of Isaac and Sarah (Strong) Mc- Conihe, was born at Troy, N. Y., Sept. 4, 1834, and was shot through the heart at Cold Harbor, Va., June 1, 1864. The name McConihe, formerly spelled McConnochie, is of Scottish origin, and belonged to •a highland class of great power. At the age of six- teen years, John McConihe entered Union college, and was graduated therefrom in 1853. He studied "!aw with his father, and was graduated from the "iaw school of the university at Albany, N. Y., in 11855. He opened a law office in Troy, N. Y., the same year, and had already secured a successful practice and an election to the board of education when he determined to go west. In 1857 he settled at Omaha, Neb., and commenced the practice of law. In 1858 he engaged in the freighting business be- tween Missouri river points and the gold regions. He was a partner in this business until he entered the army. He was appointed private secretary to Governor Richardson in 1858, and afterwards held the same position with Governor Black until the end of his term. In the spring of 1860 he was an un- successful candidate for mayor of Omaha, and dur- ing the same year he was appointed adjutant-general of Nebraska. Subsequently he led an expedition against the Pawnee Indians. With the beginning of the Civil war, he raised a company for the 1stTERRITORIAL MILITARY HISTORY *75 City News} May 2, 1861, insists that there is no danger from the Sioux and their allies if they are only let alone. Many people are afraid to travel up the valley, yet improve- ments are going on and stocks of goods laid in by those who are there, without fear of danger. The territorial press protested strongly against the removal of troops from the forts soon after the beginning of the Civil war. The Nebraska City News, July 13, 1861, complains bitterly that the Nebraska regiment is all kept at Omaha while the agent at the Otoe reservation had requested part of it to be •sent there, as the Indians were unruly. The Neivs quotes the Brownville Advertiser as saying that for two weeks "our people have been drawn upon extravagantly as to time, money, and rest in the exercise of such pre- cautionary means as have been deemed indis- pensable for safety and quiet. The timid are Incoming alarmed and are leaving. Several farmers have left prosperous farms and crops and gone back to the states." The News charges Acting Governor Paddock with sec- tional favoritism in immediately asking the war department to send troops up the Platte valley on the report that the Sioux are making trouble there. The News of July 20, 1861, re- ports that several families have come in from the Nemahas and Salt creek from fear of Indians, but thinks there is no good ground for alarm. It relates that "Monsieur Vif- quain" [General Victor Vifquain, who lived on the Blue seventy-five miles west] reports that 4,000 Pawnees are camped near his ranch, but that they are peaceable and show no dis- position to trouble the whites. 1?hey brought their squaws and pappooses to the settlement for protection while they were fighting the Sioux who were between them and the buffalo ranges where they wished to hunt. The Nezvs of the same date charges that Acting Gov- ernor Paddock had quietly sent United States troops from Ft. Kearney up the Platte with- out any authority from the war department. The Nebraskian, July 17, 1863, reports that Colonel Sapp, just from the Pawnee agency, predicts that there will be a fight on the Re- publican river between the Sioux, who num- ber about 5,000, and the Pawnees and Omahas, who have 1,800 warriors. The same paper, June 3, 1864, refers to a letter from Grand Island dated May 24 which says: "It looks very much like war here; 2,500 Yankton Sioux are coming down the north side of the Platte and have killed ten soldiers; also 1,600 Arap- ahos and Cheyennes are on the south side of the river and have nearly disposed of a cdfri- pany of Colorado volunteers"; July 31, 1863, that, owing to the exposed condition of the Nebraska frontier to Indian depredations the administration at. Washington has sus- pended all operations under the conscrip- tion act in Nebraska and Dakota; and again, July 8, 1864, gives an account of the NeK Regt, and as captain participated in all the stirring incidents of the Missouri campaign. In Feb., 1862, ^ he was sent to Washington, D. C., on -official business connected with the military depart- ment of Missouri. While there he was taken ill, and went to his father's home at Troy, N. Y., where "he was confined for six weeks with typhoid fever. When he had recovered he rejoined his regiment the day before the battle of Shiloh, in which he partici- pated. He was severely wounded in the left arm, and suffered twelve months before he recovered its use. During this time tie was appointed lieutenant- colonel of the 169th Regt. N. Y. Vol., then being recruited. He went with the regiment to Washing- ton, D. G, in Oct., 1862. and after several months the regiment was ordered to North Carolina, then to Florida with General Gilmore, then to Fortress Monroe, where he joined Butler's column and marched to Bermuda Hundred. Colonel McConihe participated in all the battles in which the regiment "had been engaged, including that of the Edenton "Road, N. G, when Colonel Buell was wounded and ithe command of the regiment devolved on him; siege of Charleston; Bermuda Hundred and Cold Harbor. On the resignation of Colonel Buell, he was promoted to be colonel of the regiment, and afterwards to be brigadier-general. While lieutenant-colonel he dis- played such marked bravery and indomitable energy at the siege of Charleston that his townsmen of Troy, as an appreciation of his gallant service, pre- sented him with a magnificent sword, gold mounted and studded with jewels, and which is still in the possession of his brother, A. Douglas McConihe, of Troy, N. Y. Colonel McConihe's regiment formed a portion of that gallant corps at the battle of Cold Harbor, whose charge was so fierce and so irre- sistible. He died almost instantly, exclaiming "Oh" as he fell. His last order was given a moment be- fore his death in these words: "Cease firing! Fix bayonets and charge again. Dress up on the colors —do not leave the colors!" The colonel fell in- stantly after giving the order. Colonel McConihe's remains were taken to Troy, N. Y., where his funeral took place. Flags were half masted and business suspended during the services in honor of one who "lived like a man and died like a hero."176 HISTORY OF NEBRASKA murder of two men by the Pawnees which created great alarm and excitement. Patrick Murray and his brother-in-law, Adam Smith, with a number of hands, were cutting hay three miles from the Pawnee reserve on Looking-glass creek, and Mrs. Murray was there cooking for the party* A band of Pawnees appeared about seven o'clock in the evening, and after cutting the horses loose, shot an old man through the head, kill- ing and scalping him, and wounded Smith with an arrow. They also wounded Mrs. Murray, as she was extracting the arrow from Smith, and another man by the name of Grimes. Smith died afterward from his wound. The same paper, August 12, 1864, says that in the P.atte valley ' 'murder, rapine and plun- der are the order of the day," and it charges that the governor is derelict in not furnishing soldiers. When Colonel Livingston offered the services of his veteran 1st Regt^ he could get no satisfaction. A large train had been destroyed by th® Indians the day before, at Plum Creek; and it was reported that James E. Boyd's ranch, ten miles east of Ft. Kearney, had been attacked. At Pawnee ranch William Wilder's train was cor- ralled and fought the Indians from four o'clock until dark, two of the party being wounded. The same paper' reports that S. G. Daily had "JIM " LANE1 sent a dispatch to the Governor informing him that sixteen men were found on the Little Blue who had been killed by the Indians. August 17, 1864, this journal contains ac- counts by 1st Lieut. Charles F. Porter, of the Neb. Vet. Cav., of attacks'on ranches and trains both east and west of Kearney, and he complains bitterly of the utter lack of proper means of defense, and insists on "war to the knife and no prisoners." The hostile Indians comprised Arapahos and Cheyennes, and there were perhaps Brule Sioux and Co- manches among them. A correspondent in the same paper charges the outbreaks to the dishonest practices of the government Indian agents, whose frauds were 4'of the most revolting character— putting to blush the most hardened Indian trader.'' By October 28, r 864, the Nebraskian insists, in the interest of trade if not of truth, that Indian troubles between Omaha and Den- ver have been suppressed and that refugees may safely return. The Omaha Republican of Au- gust 12, 1864, reports that, "the recent Indian murders in the Platte valley point clearly and un- mistakably to a general uprising of the savage hordes..who inhabit western Nebraska and Colorado, Idaho and Utah. Within 48 hours between 20 and 30 dead bodies have been, found at different points west of us and we hear of 1 James Henry Lane was born at Lawrenceburg, Ind., June 22, 1814, attended common schools, stud- ied law, and was admitted to the bar. He enlisted May 3, 1846, in the 3d Ind. Vol. Regt. for the Mexi- can war; was later made colonel and commanded a brigade at Buena Vista, and in 1847 became colonel of the 5th Ind. Regt. He was elected lieutenant- governor of Indiana in 1848, and was a member of Congress 1853-55. In the latter year he removed to Kansas, where he became a prominent member of the free-state party, and was chairman of the execu- tive committee of the Topeka constitutional con- vention. He was appointed major-general of troops to repel the invaders from Missouri, and in 1856 was elected to the U. S. Senate, but was refused his seat, indicted for high treason, and fled to avoid arrest. In 1857 he was elected president of the Leavenworth constitutional convention. In 1858 he shot and killed a neighbor, was tried for murder, and acquitted. In 1861 he was again elected to the U, S. Senate, but with the beginning of the Civil war enlisted in the federal army, and was given command of the troops for the defense o^ Washing- ton. He was appointed brigadier-genetral of volun- teers, Dec. 8, 1861, but his commission was canceled Mar. 1, 1862. He continued, however, to lead the Kansas brigade in the field for four months, and distinguished himself in the campaign in western Missouri. He nearly lost his life at the Lawrence,. Kan., massacre. Aug. 18. 1863, and served as aid to General Curtis during the raid of Gen. Sterling Price in 1864. He was a delegate to the Baltimore convention during the latter year, and was reelected to. the U. S. Senate in 1865. He committed suicide near Leavenworth, Kan., July 1, 1866, during a fit of temporary insanity induced by paralysis. Lane was a prominent lieutenant of John Brown, the abolitionist, and what was known as "Lane's trail"" crossed the southeast corner of Nebraska through Richardson, Nemaha, and Otoe counties. He spent much time in this section of Nebraska and is gen- erally credited with having been the founder of Falls City, Neb., which was known as a prominent station on the underground railroad.TERRITORIAL MILITARY HISTORY 177 numerous depredations upon stock and trains. Men have been murdered at Thirty Two Mile Creek, Lone Tree Station and Plum Creek; the pickets at Fort Kearney have been fired upon, the train destroyed at Plum Creek was burned up and thirteen men murdered. The Indians are led on in their infernal barbarities by white men painted and disguised as sav- ages." The Plum Creek massacre was per- haps the most atrocious of all the Indian bar- barities in Nebraska. On the 9th of August Colonel Summers of the 7th la. Cav. found that besides the thirteen men killed there were five men, three women, and several children missing. A hundred Indians at- tacked a wagon train, killing, sacking, and burning with character- istic savagery.1 On the nth of August, 1864, Adjt.-Gen. W. H. S. Hughes called for a regi- ment of six companies to be raised each side of the Platte, sixty-four men to a company; the North Platte companies to re- port to Brig.-Gen. O. P. Hurford at Omaha, and the South Platte to report to Col. Oliver P. Mason at Nebraska City.2 On the 22d the adjutant- general called on all able-bodied men in the territory, between the ages of eighteen and ML 31 - FRANK J. NORTH 3 fortv-five to enroll themselves in the militia. The Republican of August 26, 1864, reports a condition of great excitement at Omaha, and states that the authorities have ordered busi- ness places closed and parties capable of bear- ing arms to report for duty. "We have learned enough within the last twenty-four hours to satisfy us that the city is in peril. It is not chiefly from Indians that this peril comes." The Republican professed to believe that there was danger of attack from bands of white guerillas, who were roaming about the country and inciting and leading the Indians to at- tack. Two hundred head of cattle belonging to Edward Creighton had been driven off only twenty miles west of Omaha on the 22d of Au- gust, and twenty families had just come in from the Elkhorn settlement. Ma- jor-General Curtis had recently sent .300 of the 1st Neb. veterans to Plum Creek. Ben Holladay filed an omnibus claim against the federal government for damages he had suffered by Indians while he was a trans- continental mail carrier. A m ong the affidavits which supported these claims is that of George H. Carlyle, one of the drivers on the line: 'Account in Omaha Nebraskian, Aug. 17, 18G4. 2The adjutant-general's office appears to contain no record of these regiments. 3Frank Joshua North, Nebraska pioneer, major in the United States army, and chief of government scouts, was born in Lansing, Tompkins county, N. Y., Mar. 10, 1840; died at Columbus, Neb., Mar. 14, 1885. He was a son of Thomas Jefferson and Jane Almira (Townley) North, the former a son of Capt. Joshua North, a volunteer soldier in the War of 1812, in his early manhood a school teacher in New York state, after his marriage a merchant in Ohio, in which state for a number of years he was sur- veyor of Richland county. He came to Nebraska in 1856, and died a year later. His wife, Jane Al- mira Townley, was also born in Tompkins county, N. Y., Feb. 7, 1820, and in Apr., 1905, was still liv- ing in excellent health. Maj. Frank J. North re- ceived a common school education in the district schools of Richland county, O. In 1856 he accom- panied his parents to Nebraska, and for one year lived near Omaha, then went to Florence, and in 1858 removed to Platte county, where he lived until his death. In the summer of 1864 he was employed by Gen. S. R. Curtis in an expedition against hostile Indians, and was placed in charge of a party of Pawnee scouts. The same year he was authorized to enlist 100 Pawnee Indians for service on the frontier, and they were mustered into the United States service in Jan., 1865, and Mr. North was commissioned captain and placed in command of them. The company did service at Ft. Sedgwick and at Ft Laramie, and from the latter place were ordered to join General Connor in his expedition against hostile tribes in the Northwest. In thei78 HISTORY OF NEBRASKA "On the 9th of August, 1864, I left Alkali Station for Ft. Kearney. On reaching Cotton- wood Springs I learned by telegraph that the Indians had attacked a train of eleven wagons at Plum Creek [now Lexington], killed eleven men, captured one woman, and run off the stock. I started down the road, and when a few hundred yards off Gillman's Station I saw the bodies of three men lying on the ground, fearfully mutilated and full of ar- rows. At Plum Creek I saw the bodies of the eleven other men whom the Indians had murdered, and I helped to bury them. I also saw the fragments of the wagons still burn- ing and the dead body of another man who was killed by the Indians at Smith's ranch, and the ruins of the ranch which had been burned.''1 The roth general as- sembly adopted a me- morial to Congress in January, 1865, which re- cited that in August, 1864, ' 'portions of the Sioux, Cheyennes, Kio- was, Comanches, and Arapahos confederated together for the purpose of attacking the frontier settlements of Nebraska and the emigrant trains en route to Colorado and the gold mines." Without the slightest warning the Indians had attacked the settlements along the Little Blue river in Ne- braska, "killing men, women, and children spring of 1866 it was mustered out of service. In the spring of 1867, Captain North was commis- sioned to enlist four companies of Pawnees to serve as guards for the construction party of the tJ. P. R. R. These companies were discharged in the win- ter of 1867-68. Two more companies were eniisted by Captain North in the spring of 1868, and during the summer of 1869 they participated in the bat- tle of Summit Springs, where the hostile Indians under the noted chief, Tall Bull, made an unsuc- cessful though stubborn stand. These two com- panies were mustered out of service in the fall of 1869, and from that time until the summer of 1876 Major North was employed as a scout and guide for the government at different posts on the fron- tier, principally at Fts. Russell and Sidney. In Aug., 1876, by order of Gen. Phil Sheridan, Major North enlisted a company of 100 Pawnees in the Indian territory; this company was attached to the forces without mercy, save in a few instances where they carried the women away captives to un- dergo a fate more terrible than death itself." They had attacked emigrant trains along the route named from forty miles eastward of Ft. Kearney to the western border of the terri- tory, killing settlers and emigrants, and driv- ing off stock to the number of several thou- sand. Four companies of militia had promptly responded to the call of the governor and marched to the frontier, furnishing their own horses and serving as mounted infantry. One of the companies served under Major-General Curtis throughout the Indian campaign, while the ethers guarded emi- grant trains and the "Great Overland Mail and Pacific Telegraph," and the frontier settle- ments. This militia was under the immediate command of the com- mandant of the United States troops in this de- partment. Three of the companies served for four months and the other for sixty days. Two of them at this time had been mustered out by reason of the expiration of their term of enlistment and two were continued in the service. None of these soldiers had received any pay for their services or for the service of General Crook, and did excellent service with the expedition to the Big Horn country, and were mustered out in the spring of 1877. This ended the twelve years of successful service of Major North with the army. He then retired to his home at Columbus, where he passed the remainder of his days. He was a democrat, and in 1882 was elected by his party to the Nebraska legislature, and served in the house during the session of 1883. He was never a member of any secret society, nor was he affiliated with any church. His bravery and high character won for him the admiration of officers of the army and the respect of the Indians. Major North was married Dec. 25, 1865, to Mary Louise Smith, who died Feb. 9, 1883; he was the father of one child, Stella Gertrude, who was married Jan. 4, 1888, to Edwin Hull Chambers, and they reside at Columbus, Neb. 'Vol. 51, Harper's Magazine, p. 324. GENERAL SAMUEL RYAN CURTIS For biography see vol. 1, p. 241TERRITORIAL MILITARY HISTORY 179 or loss of their horses.1 As has already been recited, an appropriation of $45,000 was made by the national Congress to meet the expenses of the war of 1864, and claims to the amount of $28,000 were allowed.2 The same assem- bly adopted a joint resolution of thanks for the gallant services of these militia companies. Though the people had been very impatient, thus irritated by the constant menace and actual outrages of the savages during these many years, yet so long as the more important for three years, beginning in the horrible Min- nesota outbreak caused by a long series of outrages committed by the whites. "This in- famous imbecility (of Stanton's)—persistent, dogged, damnable disregard of the interests of the west—amounts to high crime, and we call upon the press and the people of Nebraska and the west to unite in arraigning the pes- tiferous, bull-headed potentate of the war of- fice. . . . Counseled by Sherman, Grant, Dodge and his subordinates to a certain mili- NATIONAL CEMETERY AT OLD FT. M'PHERSON, FIVE MILES SOUTH OF MAXWELL ON THE UNION PACIFIC R. R. struggle for the Union lasted, public opinion was reasonable in its demands and public sen- timent moderate in its expression. After the close of the war, however, complaint and de- nunciation were unbridled, and, making due allowance for partisan bias on the part of Dr. Miller, his article in the Omaha Herald of November 10, 1865, is no doubt a fair ex- pression of popular feeling, and a not much overwrought presentment of the status of the Indian troubles at that time. The aggressive editor says that the Indian war has continued 1 Laws of Neb., 10th Ter. Sess., p. 155. tary course he first assents to practice vigorous war against these Indians. The work of preparation is barely commenced when he countermands everything, cuts off supplies so as to starve a trusting soldiery, reduces the force necessary to conquering a speedy peace and at last recalls the army, thus leaving the whole overland line and thousands upon thou- sands of men, women, and children and mil- lions of property exposed to the scalping knife and ravages of numerous bands who are again let loose to destroy the lives of our people ■Vol. I, p. 498 of tliis History.i8o HISTORY OF NEBRASKA and the commerce ot the plains." The phi- lippic proceeds to insist that the war had but just commenced, and that the white man's interests were worse off than they were a year ago, as the Indians were rallying again, be- lieving that they could not be whipped. The Nebraskian of January 19, 1865, insists that Indian troubles are still rife notwith- standing that the governor's message had de- clared that they had "been brought to a successful termination." There is abundant evidence of a tendency at this time on the part of public officers and other promoters of emigration and trade for the territory to dis- regard the safety of settlers in their reports of the attitude of the Indians. In the fight at Julesburg on the 7th of Janu- ary, 1865, be- tween forty sol- diers and some citizens and a large body of Indians, fifteen soldiers and four citizens were killed according to the report. The Omaha Republican of February 3, 1865, gives this alarming account of conditions at "Ft. Laramie was named in honor of Jacques Laramie, a noted trapper and Indian trader; as were also the river, plains, ranch, and peak in that vicin- ity, and Laramie county and Laramie city. The name was first given to the river which was known as "Laramie's river," and along which Jacques and his trappers began operations about the year 1820. Soon after this he was murdered by Indians near the head-waters of the stream bearing his name. The Arapaho tribe were charged with this crime but denied their guilt. Jacques Laramie was the ac- knowledged leader of the free trappers. He was a French Canadian who had entered the country as an employee of the Northwest Co., which operated along the upper Missouri river. The rival fur trad- ing companies became embroiled in bloody disputes, and Laramie, who was a peaceful fellow, gathered about him a few kindred spirits and sought the un- occupied territory along the head-waters of the North Platte and its tributaries. He was held in high es- teem by the Indians and favorably regarded by his white associates, who never doubted his honesty or courage. Laramie had gone alone to the head-waters of the river bearing his name, determined to trust to that time: "Not less than 3,000 Indians are on the line of the overland mail route com- mitting every species of barbarity and atrocity which their fiendish imaginations can invent. They can capture Fort Kearney or Fort Lara- mie1 at any time they choose, and there is no power at the disposal of General Curtis or Colonel Livingston to prevent it. They burned Valley station on Saturday and drove off 650 head of stock and burned 100 tons of govern- ment hay which cost $5,000. Yesterday they burned all the ranches from Valley station east to Julesburg.2 . . . The plains from Jules- burg west for more than 100 miles are red with the blood of murdered men, women and children; ranches are in ashes; stock all driven off—the country utterly desolate. The sober truth is a gigantic Indian war is upon us. It is as much as aman's life is worth to attempt to run the gauntlet between Oma- ha, Nebraska City, Atchison or Leavenworth and Denver City with a load of supplies for the mines of the friendship of the Indians rather than to go with a large party. Not receiving any word from him, his friends organized a strong party which, in a search up the river, found his lifeless body in the cabin which lie had said he would build.—(Coutant, History of Wyoming.) 2The original Julesburg was situated on the South Platte river, opposite the mouth of Lodge Pole creek and at the fork of the road to Denver and the Oregon trail. The ford was known as the upper California crossing. The place was named after one Jules Benoit or Bene, an employee of the Central Overland, California and Pikes Peak Ex- press Co. He incurred the enmity of the notorious Jack Slade, who was superintendent or wagonmaster for the company, and who murdered him in the most brutal manner. The published accounts of this affair are as variable as they are numerous. The most authentic story, doubtless, is that told by the wife of Jules, now Mrs. E. Beckstead, who lives with a daughter near Bellevue, Neb. That part of the in- cident which occurred before the death of Jules she tells as he told it to her. In the early '50s Jules wm \ t * W*1 k R>rt Laramie in 1836. ENGRAVING FROM HISTORY OF WYOMING BY C. G. COUTANTTERRITORIAL MILITARY HISTORY 181 Colorado." The sanguinary - recital closes with an imperative demand for a large force for protection from the savages. In the Republican's account, March 31, 1865, of the fighting on the 6th and 7th of kept a store on the south side of the Platte river, opposite the mouth of Lodge Pole creek. He handled the mails there, probably unofficially, and the place came to be called Julesburg from his name. One day Jack Slade, who was then a division super- intendent on the stage line, stopped at Jules's place and ordered drinks for himself and a number of his companions. He appeared bent on picking a quarrel with Jules, which on that frontier was not a difficult thing to do with any man, and in due time Slade drew his pistols, but Jules was quicker with his shot- gun and wounded Slade very seriously. Slade was then sent on the stage to Denver for surgical treat- ment, Jules generously bearing at least part of the ex- pense, and it appeared Jules understood that they were to forget this difficulty. Soon after this event Jules went to Denver, where he lived about four years, in the meantime marrying the woman who relates this story, and who was only about four- teen years of age at the tiipe. At the end of the four years Jules and his wife came back to Nebraska and settled on a ranch at Cottonwood Springs, where he also kept an emigrants' store. After getting settled in his new home Jules went back to Colorado to bring a part of his cattle which he had left behind. Pete Kozzoo, a well-known plainsman, went with Jules on this trip. On their way back they stopped for refreshment at Slade's ranch, at O'Fallons Bluff, and as the two men had met often in the meantime without any disposition to quarrel on Slade's part, Jules was off his guard, and as he was drinking at the spring near the ranch Slade suddenly fired sev- eral shots at him, the second breaking his leg. Jules was unarmed, having left his pistols on his horse, and he was then surrounded by Slade and his party, numbering about thirty men. Jules offered them all his money and property for his freedom, but Slade was relentless, and with his followers tied Jules fast to a dry goods box, and for a time tortured him by shooting at him without killing, Slade ^finally firing the fatal shot. He then cut off Jules's right ear with his knife for the avowed purpose of carrying it as a memento. Slade and his pals kept Jules's cattle but let Pete go free, and he told the story of the tragedy to Jules's wife. She at once took all the money she had at. the ranch, about $500, and fled to St. Joseph, Mo., and soon after Slade and his gang ap- propriated the stock in the store and everything else they could find. She remained in St. Joseph during the ensuing winter, and then her father took her to his home in Denver. Mrs. Beckstead has been mar- ried twice since the death of Jules, but is now a widow. She does not know how Jules's surname should be spelled, but according to her pronuncia- tion it was either Benoit or Bene. After an investi- gation by thef stage company, Slade was reprimanded, but allowed to hold his position. Later, however, he was arrested by the commanding officer at Ft. Hal- leck, for wilful destruction of government property, and the stage company procured his release by prom- ising to discharge him from its employ. Slade drifted to Virginia City, Mont., in 1863, where he was captured, tried, and hanged by the vigilantes for his lawless acts. His body was turned over to his wife, who, it is said, was in a large measure re- February, at Mud Springs and Rush Creek, it appears that 200 men of the nth Ohio Cav. were engaged. Charles F. Porter, the Republican's correspondent, says there were 10,000 Indians. The soldiers made fortifica- sponsible for many of his scrapes. The outlaw's real name is believed to have been Joseph A. Slade. He was born in Illinois about 1828, and is said to have killed a man while he himself was in his boy- hood, and got away to Texas, where he grew up and enlisted as a volunteer in the Mexican war. He was first employed by the stage company as division superintendent about 1858. The following data are in the main personal recol- lections of Charles McDonald, the pioneer ranchman of Cottonwood Springs, now residing at North Platte, Neb.: When Ft. Sedgwick was established in 1865, about three-quarters of a mile from the Platte river, old Julesburg fell within its reservation, and the station and the name were moved just outside the east boundary, about four miles farther east. It found a third location on the railroad when it was built in 1867 at a point on the Lodge Pole, now called Wier, about five miles north of Ft. Sedgwick. Its fourth and present site was fixed when the branch line or cui-off to Denver was built. Ft. Sedgwick was abandoned in 1871. Cottonwood Springs, where Charles McDonald established a ranch and hostelry in 1860, was an important place of shelter and depot of supplies for the vast emigration to the mines. In that neighborhood hostilities of the Sioux and Cheyenne Indians were rife. On this account Ft. McPherson was built, in 1863, at the mouth of Cottonwood canyon, about three-quarters of a mile from McDonald's ranch, and was first occupied by Captain Hammer, Co. G, 7th la. Cav. This military post was abandoned in 1880, when the Indian troubles had entirely ceased. The buildings of the fort were made of logs, cut from Cottonwood canyon. There was no timber available at the site of Ft. Sedgwick, so that post was built of adobe bricks, which were composed of a mixture of clay, hay, and sand, each brick being about fourteen inches long, ten inches wide, and four inches thick. Captain Bedford was sent from Brownville to Ft. McPher- son in the summer of 1863 with one company of soldiers. In the spring of 1863 an Indian was killed by a squad of soldiers from Ft. Kearney and was buried on a frame-work of poles, after the Indian fashion, near McDonald's ranch. On the 8th of Aug., 1864, the Cheyennes killed eleven men and two women near Plum creek; the next day they killed two men three miles east of Gilman's ranch, and on the same day they shot Bob Carson as he was driving his mowing machine eight miles east of Cottonwood Springs. On the 16th of Sept., 1864, a number of soldiers were surprised and killed while they were gathering plums in Cottonwood canyon. Gen. Robert B. Mitchell was with them, but suc- ceeded jn making a marvelous escape by retreating up the canyon and then making a wide detour on the prairie. The same day McDonald and a lieu- tenant of the 7th la. Cav., with a young man called Walton and his wife, drove to Kearney. On the way they found that four stage drivers going west had been killed by the Indians on the same road between Kearney and Cottonwood Springs. The original Plum creek was situated near the Platte river south of the present town of Lexington.182 HISTORY OF NEBRASKA tions of the telegraph office and stable, which were built of logs. The Indians were kept off with success but considerable loss. The nth Ohio Regt. had been in that part of the Indian country since 1862 and arrived at Omaha to be mustered out in March, 1865. The Republican of April 7, 1865, says that Indian agent Robert W. Furnas and chiefs of the Omahas and Winnebagos had just re- turned from Washington, where a treaty was negotiated by which the Winnebagos were to have a strip of the Omaha reserve on its north side. They had been on a reservation ninety miles above Ft. Pierre since the Minnesota outbreak, but had been driven off by the San- tee Sioux, and for a year and a half visited with the Omahas. On the 21st of July, 1865, the Republican reports that military posts are established on the south road from Big Sandy to Kearney and on the northern road from Columbus to Kearney, besides advance cavalry posts at Pawnee Reserve, Mud river, and Loup Fork, "over which stream a good ferry is running." Trains going west from Kearney are requested 1 James Powell was born in. Maryland. Private, Co. H, 11th Inf., Feb. 11, 1848; discharged Mar. 26, 1856; private, Co. I, 1st Cav., Nov. 17, 1856; cor- poral, Apr. 3, .1857; sergeant, Sept. 1, 1858; 1st sergeant, Apr. 28, 1860; 2d lieutenant, 18th Inf., May 14, 1861; 1st lieutenant Oct. 24, 1861. Brevet captain, Sept. 20, 1863, for gallant and meritorious service in the battle of Chickamauga, Ga.; brevet major, Sept. 1, 1864, for gallant and meritorious service during the Atlanta campaign, and in the battle of Jonesboro, Ga.; captain 18th Inf., Sept. 9, 1864. Transferred to 27th Inf., Sept. 21, 1866. Brevet lieutenant-colonel, Aug. 2, 1867, for gallant conduct in the fight with the Indians near Ft. Phil Kearney, D. T., Aug. 2, 1867. Retired Jan. 8, 1868. 2James Ralston Porter, pioneer, Haigler, Neb., was born near Steubenville, O., Feb. 11, 1828. His father, Samuel Porter, was a farmer in moderate circumstances. He was of Revolutionary stock, and served in the War of 1812, helping to build the fa- mous fleet of Commodore Oliver Perry. He mar- ried Catharine Boyd of Gettysburg, Pa. James R. Porter received a common school education, and later attended a small college at Richmond, O., for two and one-half years. Designing to complete his college course, he first became a public school teacher, but soon decided to go to California. Go- ing by way of Panama he landed at San Francisco after a perilous sea voyage, during which the entire company were attacked by scurvy, and thirty of the three hundre,d passengers died from cholera. After spending three years in California, Mr. Porter re- turned to Ohio. In the spring of 1856 he started westward, traveling by the C., B. & Q. railroad to to form in companies of fifty armed men with one of their number as captain. Military com- manders at Big Sandy and Columbus have instructions to halt all trains until they num- ber twenty armed men. The Pawnees are said to be committing depredations on the south road. The Republican of October 13, 1865, says that John A. Kasson, member of Congress from the Des Moines, la., dis- trict, has made a western tour with Maj.-Gen. G. M. Dodge, and has become convinced that a severe Indian policy should be adopted; and the Republican insists that the policy of treat- ing * Indians as foreign powers should be stopped at once and their supplies and presents given only to those who are peaceful. Under the present policy they consider that they have a right to fight whenever they feel displeased with their treatment. The Nebraska City News, August 16, 1867, quotes the Omaha Herald's account of a battle between an escort of the 27th Regt. Inf., com- manded by Major Powell,1 and from 2,000 to 5,000 Indians, who attacked a train of thirty- six wagons, owned bv James R. Porter2 of Burlington, la., and thence by team overland to the Missouri river, which he crossed opposite the mouth of the Platte on a flatboat, and arrived in Nebraska territory in April of the latter year. After a careful inspection of the surrounding country; he concluded that the first trans-continental railroad would follow the course of the Platte river, and after traveling up and down the Missouri river from Brownville to Florence, andy as far west as the Elkhorn and Salt Creek, he decided that the initial point of the Pacific railroad, should it be built, would be as near the mouth of the Platte river as conditions would permit. Taking a preemption southwest of Platts- mouth, he first engaged in farming. In 1860 he began freighting across the plains to Denver, Ft. Laramie, and Salt Lake, and then freighted for the government in Arizona, from Prescott to the Salt river. He continued in this work until about 1872, when he returned to his home at Plattsmouth. Mr. Porter began his freighting business with three yoke of oxen and three farm wagons, which he started, loaded, from Plattsmouth in the fall of 1860 in good season to ma^e the round trip to Denver before winter should set in. Flour sold at $13 per sack in gold dust worth 90 cents on the dollar, bacon at 35 cents per pound, and butter at 50 cents per pound. The trip was successful, without loss of stock, and no particular accident, which Mr. Porter considers remarkable in view of the fact that it was a "ten- derfoot crowd." By 1864 Mr. Porter's equipment had increased to thirty-six wagons, with six yoke of oxen to each wagon, and with this outfit he was able to handle government contracts. About this time he formed a profit-sharing company with his employees under the name of J. R. Porter & Co.,184 HISTORY OF Plattsmouth, on the 2d of August, five miles from Ft. Phil* Kearney. The soldiers fought within a corral of wagons and breastworks of wagon-beds and ox-yokes. After a fierce bat- tle of three hours Major Smith1 with two com- panies of soldiers arrived, when the Indians gave up the fight. Sixty Indians and five soldiers besides Lieutenant Jenness2 were killed.3 The same paper, September 6, 1867, gives an account of a meeting of citizens of Saline and Seward counties at Camden, Au- gust 31, 1867, at which a company was or- ganized for home protection with Gen. Vic- tor Vifquain as captain and A. J. Wallingford which was dissolved in the spring of 1868- In 1865 Mr. Porter bought 130 government mules in St. Louis, and equipped a train of twenty-two six-mule teams, but found the mules profitable only where quick delivery was required. After the dissolution of the firm of J. R. Porter & Co., Mr. Porter in- vested his surplus capital in a business at Omaha, which he did not understand, while he personally engaged in freighting for the government in Ari- zona, where he remained about three years. Upon his return to Nebraska, he found the enterprise swamped in debt, and he finally got out of it with a loss of about $10,000. In 1881 he entered a home- stead on the present town site of Haigler, Dundy county, which he later sold for $4,000. He engaged in the general merchandise business in Haigler in 1882 in partnership with his sons, Samuel G. and James A., under the firm name of J. R. Porter & Sons. Mr. Porter never saw any military service, except a kind of frontier warfare common to the plains, and which was a frequent necessity during his freighting experiences, as the Indians were very troublesome. In politics Mr. Poster calls himself a "Bryan democrat." He has always supported the democratic ticket, and has been active in party af- fairs. He held the office of county clerk and re- corder in Cass county for two terms before political lines were drawn. He was in the first Democratic convention ever held in the territory, where, as a Douglas democrat, he fought and beat a resolution to endorse all the acts of Buchanan. He was a democratic candidate for governor of the state in 1868, but was defeated by David Butler. Mr. Por- ter was married May 20, 1864, to Arabella Gould, a native of Michigan. They have four children, Sam- uel G., Victor, Col.; James A., Haigler, Neb.; Ida, now Mrs. William H. Larned, Haigler, Neb.; and Maud, a student at the University of Nebraska. 1Maj. Benjamin F. Smith was born in New Jer- sey and appointed from that state, brevet 2d lieuten- ant 1st Inf., July 1, 1853. He served throughout the Civil war, and successively rose to the rank of major of the 27th Inf., July 28, 1866. He died June 22, 1868. 2 John C. Jenness was born in Vermont. Ap- pointed from New Hampshire, 2d lieutenant 27th Inf., July 28, 1866; 1st lieutenant, Mar. 5, 1867. Killed Aug. 2, 1867, in action with Indians in Dakota territory. 8 The sources of the following facts concerning this very remarkable battle are a recent communica- NEBRASKA and John Blackburn, lieutenants. The meet- ing recommended that similar companies be raised on Turkey creek and on the North and West Blue with General Vifquain as com- mander of all the organizations. The resolu- tions adopted recite that for the last four years the Indians of the plains had waged incessant warfare upon their neighbors, that it was the duty of every man to arm himself, and that no Indians be allowed to pass through their settlements. The Republican of January 18, 1867, notes that 8,000 troops have been ordered for ser- vice on the plains and in the mountains, but tion from Mr. James R. Porter to the editor and an account which he gave to the Omaha Herald soon after it took place. It appears that Mr. Porter's train was engaged in hauling wood to Ft. Phil Kearney from two pineries, about four and one-half miles distant from the post. A part of his oxen were grazing at the time, at the outskirts of the tim- ber, and there were ten wagons and 120 oxen in the timber with fifteen men and an escort of ten sol- diers. The corral, which had been put in a condition for defense some days before the attack, was situ- ated on an open table-land between the two bodies of timber. # Capt. James Powell and Lieut. John C. Jenness, with twenty-three soldiers and eighteen cit- izens, occupied this temporary fortification. At about half past ten o'clock in the morning about forty or fifty Indians began an attack for the purpose of capturing the cattle, but they were driven back. The Indians were soon reenforced and drove the men and soldiers who were in the timber back to the adjacent mountains, where they made an effective stand, and the Indians abandoned their pursuit. In increasing numbers—from 2,000 to 3,000—they then attacked the corral, and kept up an incessant fire on the handful of defenders for two and a half hours, but, after killing Lieutenant Jenness and five of the soldiers, on the arrival of Major Smith with rein- forcements, the savages gave up the attack and re- tired with a loss of about 300 killed. The corral was composed of wagon-beds which had been lifted off the carriages or gearings and placed upon the ground. The Indians wrapped pieces of cotton cloth around the barbs of their arrows, deposited some powder within the wrappings, and placed purcussion caps on the points of the barbs. When they were within range of the corral they would strike the caps with their knives, thus igniting the powder and, in turn, the cloth, and would then discharge the burning arrows into the covers of the wagon-beds, which were made of double sheets of cotton cloth. The burning arrows would also set on fire the dry refuse on the ground within the corral, so that the defenders were frequently obliged to crawl out from their wagon-beds and put out these fires. The team- sters were well armed with repeating guns, and the soldiers with Springfield rifles. They made breast- works with their ox-yokes, one placed upon another, and they adopted the novel plan of using the holes made for the bows for port-holes. The train of ten wagons and 120 oxen at the fort was saved, but the like number of wagons and oxen in the timber and the grazing animals were a total loss. Mr. PorterTERRITORIAL MILITARY HISTORY 185 doubts that these will suffice for a thorough chastisement of the Indians. In the massacre by the Indians near Ft. Phil Kearney, in De- cember, 1866, ninety-four soldiers and citizens were killed.1 The same paper, February 8, 1867, in noting that Capt. Frank J. North of Columbus had been authorized by the war department to raise a battalion of Pawnees for service on the plains, says that his Pawnee scouts in the last Indian troubles were known all over the plains. The same paper, May 31, 1867, after reporting Indian disturbances around Ft. Laramie, insists that "it can no longer be doubted that there is very great trouble out on the plains with the Indians, and that the season is to be one of bloody and general Indian war." On the 10th of July, 1867, the Republican says that information had been received at military headquarters of estimated that the loss of property, including 252 oxen, amounted to $34,000. A claim against the United States for this sum was filed, but though the contractor avers that he had been promised protec- tion from the Indians, he has never been indemnified for his loss. xIn his report to the general-in-chief of the United States army, dated Oct. 1, 1867, Lieut.-Gen. W. T. Sherman gives the following account of the massacre: "On the morning of Dec. 21, 1866, a wagon train started as usual after timber for the saw-mill, and had proceeded but a short distance with an armed escort when firing was heard and the alarm given that the train was attacked by the Indians. Captain and Brvt. Lieut.-Col. W. J. Fetterman, 18th Inf., with a detachment of 49 men, was directed by Col- onel Carrington to proceed to the train, escort it back in safety to the post, but not to pursue the enemy. Lieutenant Grummond, of the same regi- ment, with 27 men of the 2d Cav., was afterwards -dispatched to report to Lieutenant-Colonel Fetter- man, and to reiterate the orders previously given. Captain Brown seems to have joined the detachment without orders, and two citizens, Messrs. Wheatley and Fisher, the whole being three commissioned -officers, 76 enlisted men, and two citizens. This detachment, instead of going to the threatened train, •diverged very considerably to the right, crossed Big Piney creek, and passed over some high ground that -covered them from view. Sharp firing was heard from that direction which lasted three-fourths of an liour, when Colonel Carrington dispatched Captain Ten Eyck, of the 18th, with further assistance, but as Captain Ten Eyck reached a point four miles dis- tant, he observed the Indians in large force, esti- mated from 1,500 to 2,000 men, all mounted and moving off, and he also found all the bodies of Colonel Fetterman's party dead. Evidences of a terrible though short conflict were visible, but every man was killed. The bodies were all collected, car- ried back to the fort, and properly buried. The wa^on train also returned to the post safely, and an attack by forty-five Sioux on twenty-five of General Custer's2 men,—Captain Hamilton,3 7th U. S. Cav.,—near the forks of the Repub- lican. The Indians were driven off with a loss of two killed and several wounded, the loss of the defense being one horse wounded. On the 26th of June between 500 and 600 Sioux and Cheyennes attacked forty-eight of Custer's men under Lieutenants Robbins and Cooke,4 7th Cav., but were driven off. Two of Robbins's men were slightly hurt. On the 24th of the same month the Sioux surrounded Gen- eral Custer's camp, but were driven off with a loss of only one man wounded. The Repub- lican of July 17, 1867, notes a successful skir- mish between a detachment of Major North's Pawnee Scouts and hostile Indians on Coon Creek, Dakota territory, in which the training and skill of the white officer were successful. the Indians disappeared. Subsequent accounts from Indians indicate that they had expected to draw out and murder the whole garrison, but their loss in the conflict was such that they abandoned any fur- ther effort. General Augur, who soon after suc- ceeded to the command of the department embrac- ing Ft. Phil Kearney, dispatched General Wessels with reenforcements, and was instructed, if possible in mid-winter> to follow the savages and take ven- geance, but it was soon demonstrated that no human beings could be exposed in that bleak country in mid-winter and live. So, that winter passed with- out accomplishing anything; and with spring came commissions sent out by the government to inquire into and report the cause of this msasacre. Nearly a year has gone by without our having taken a just vengeance against these savages, and it is now too late to do anything for effect." 2 Gen. George Armstrong Custer, born at New Rumley, O., Dec. 5, 1839, entered West Point Mili- tary academy, from which he was graduated in June, 1861. He entered the army as 2d lieutenant 2d Cav., June 24, 1861; transferred to 5th Cav., Aug. 3, 1861; 1st lieutenant, July 17, 1862; captain May 8, 1864; lieutenant-colonel 7th Cav., July 28, 1866. He was breveted major-general Mar. 13, 1865. He was killed, June 25, 1876, in battle with the In- dians in Montana territory. General Custer was married Feb. 9, 1864, to Elizabeth Bacon, who sur- vived him, and has since written many books in which the brilliant military career of her^ distin- guished husband may be studied with much interest. "Louis M. Hamilton, a native of New York, ap- pointed 2d lieutenant 3d Inf., Sept. 27, 1862. Rose to the rank of captain 7th Cav., July 28, 1866, with brevet rank of major. Killed in action with Indians in Indian territory, Nov. 27, 1868. 4 William W. Cooke was born in Canada, ap- pointed from New York, 2d lieutenant 7th Cav., July 28, 1866. Promoted to be 1st lieutenant July 31, 1867, with brevet rank of lieutenant-colonel. Killed in action with Indians in Montana Tune 25, 1876.186 HISTORY OF NEBRASKA The Nebraska City News expresses the opinion that the new policy under which all hostile tribes of Indians were to be put upon reservations and cared for and fed would be less expensive and more satisfactory than the policy of the "inefficient half-waged war such as we have been cursed with." The News credits General Thayer with having much to do in bringing about this policy. The Repub- lican of August 14, 1867, noting that the com- mission appointed under the recent act of Congress to treat with the hostile Indians of the Northwest will arrive in Omaha, insists that peace must be brought about, "or we shall have a war so gigantic in its propor- tions that peace or exter- mination will be the only alternative left to the In- dian." Recounting some of the difficulties under which the Union Pacific R. R. was built this paper says: "Engineers survey ing the work have been killed—men at work upon the grade have been killed •—their stock has been stolen and driven off— contractors to furnish ties have been com- pelled to abandon their work, and there are serious apprehensions that track laying will 'Allen Blacker, late major 3st Neb. Cav., was born in Frankfort, O., Feb. 5, 1832, and now resides at El Paso, Tex. He was the oldest son of Dennis and Rachel (Hotsenpillar) Blacker, who both emi- grated from Virginia to Ohio in an early day. The great grandfather of Allen Blacker on his mother's side was a surgeon in the continental army, during the Revolutionary war. Allen Blacker received a thorough academic education, learned the printer's trade, then studied law with the late Allen G. Thur- man of Ohio, and was admitted to the bar at Chilli- cothe, Sept. 15, 1853. He served two consecutive terms as city attorney of Chillicothe, during which time he formed a law partnership with Joseph Mil- ler, then a member of Congress. When the latter was appointed United States district judge for the 3d judicial district of Nebraska territory, Mr. Blacker accompanied him to Nebraska, and was ap- pointed clerk of Judge Miller's court, continuing this relation until the death of Judge Miller in 1861. In June, 1861, Mr. Blacker enlisted in Co. D, 1st MAJOR ALLEN BLACKER1 be temporarily suspended." Trade and com- merce along the line had been curtailed fully one-half. "Omaha alone has suffered a greater loss from the Indian disturbances of the last three years than the aggregate of all the prod- uce profits of the army contractors would produce should the war continue to the end of the present generation." It is stated that two bands of Sioux—Brules and Ogallalas, Red Cloud and his followers controlling the latter—are responsible for much of the trouble of the last year. The Brules, under Spotted Tail and Standing Elk, have been peaceful and will re- main so. But the Chey- ennes, by far the most formidable, without the leadership of the Sioux, would be easily conciliated. The Sioux are adepts at thieving, but for bold and daring enterprise and hard fighting the Cheyennes are the most formidable. The Repvblican of the same date gives an account of the looting of a train of cars by the Indians. They had uijdermined a culvert six miles from Plum Creek, thus throwing the train off the track. In the United States Senate, July 17, 1867, in speaking on the bill to establish peace with Regt., Neb. Vol., and was chosen captain. Major Blacker in a recent letter says: "The 1st Neb. under command of John M. Thayer was or- dered first to St. Louis, and thence to Wilson's Creek. After the battle of Wilson's Creek, one of the first important battles of the war, the regiment was ordered to join General Grant, and participated in the twelve days battle of Fts. Donelson and Henry." After the fall of these forts, Major Blacker was detailed as acting military judge advo- cate of the department of the Missouri, and sta- tioned at St. Louis. His first work upon arrival at St. Louis was the preparation and publication of a work on military law and practice before military commissions and courts martial. This work, which was perhaps the only publication of its kind at the time, was generally adopted and used by the au- thorities in the United States. After this Major Blacker was ordered to join General Grant at Hel- ena, Ark., thence to Vicksburg, Miss., thence to Ar- kansas Post, Ark., and then back to Vicksburg, asTERRITORIAL MILITARY HISTORY certain tribes General Thayer disputed Senator Morrill's contention that the Union Pacific Co. had violated the treaty rights of the Indians by running through their lands. General Thayer said: "The Union Pacific R. R. has been built over lands which have been ceded, over which the Indian title has ceased. They may have got now a little beyond the ceded territory. I do not know how the fact is; but for 300 miles in Nebraska the lands have been ceded I know, and so it is in Kansas, as my friend from Kansas (Mr. Ross) informs me." General Thayer ar- gued that these Indians should not be sent to Indian territory,but should be kept north where they came from and in their present homes. He said that depredations bad commenced from the very first on ceded lands. The Pawnees, Winnebagos, and even the Santee Sioux, a band which was engaged in the Minnesota massacre, were now located on reser- vations in northeast Ne- braska and were all friend- ly. He did not object to the S:oux Indians being set- tled on the northern bor- der of Nebraska, but in- sisted that the policy of moving them on was not practicable; they must be settled some- adjutant general of General Thayer's brigade. On account of sickness, Mr. Blacker was granted leave of absence, after which he was again assigned to work before the military courts of St. Louis. On Mar. 13, 1865, he resigned his commission as major of the 1st Neb., to which position he had been pro- moted Oct. 16, 1862. After the war he engaged in the practice of law at Ft. Leavenworth, and later removed to El Paso, Tex., where he now resides. During his residence in Texas, Major Blacker has served as county commissioner, city attorney of El Paso, councilman, county judge, district judge, and member of the legislature from the El Paso dis- trict. He is a charter member of the Methodist Episcopal church of El Paso. He was married Jan. 24, 1861, to Martha Porter Robinson. They have had five children, all of whom are living and grown to manhood and womanhood. 1Gen. Patrick Edward Connor was born in Ire- land, Mar. 17, 1820, and died at Salt Lake City, Dec. 17, 1891. He emigrated, with his parents, to New York city, in his youth, and in 1839 enlisted where, and there should be complete separa- tion. He said that the Indians were hostile to the building of the Union Pacific R. R. be- cause it divided their buffalo range. The Republican of August 21, 1867, reports that Governor Butler is still in the vicinity of the recent outbreak, organizing a force to re- pel the invaders. Beatrice and Big Sandy seem to be the only parts yet menaced. The same paper contains a dispatch from Governor David Butler to his secre- tary, Charles H. Gere, Omaha, dated Big Sandy, August 11, 1867, as fol- lows: "Send 100 stand arms, 50 rounds cartridges to each, to D. C. Jenkins, Brownville. Please send immediately. The Indians are on the war path.'' The same paper reports that three men were killed in the vicinity of Big Sandy on the 8th of August, thirty- five miles west of Beatrice. The Republican of Septem- ber 25, 1867, contains a letter from North Platte, dated the 18th inst., saying that the peace commission- ers, and the Indian chiefs, Standing Elk, Swift Bear, Pawnee Killer, Spotted Tail, Man that Walks Under the Ground, and Big Mouth are there for negotiations. in the regular army, participating in the Florida war. After serving five years, he engaged in mer- cantile pursuits in New York until 1846, when he removed to Texas. With the beginning of the Mexican war he enlisted in a regiment of volun- teers commanded by Albert Sidney Johnston, and was elected captain of his company. In 1850 he engaged in mining in California, which he followed until the Civil war broke out, when he was ap- pointed colonel of the 3d Cal. Vol. Inf. by the gov- ernor. In July, 1862, he was given command of the military district of Utah, and throughout the war General Connor was in command in the mountains and plains country. He commanded the famous Powder river expedition and soon after the battle of Bear river was promoted to be brigadier-general, and later was given the rank of brevet major-gen- eral, and was offered the position of colonel in the regular army. In 1866 he retired from the army and engaged in mining operations in the West. He was buried at Ft. Douglas in a grave set apart bv the Secretary of War. sa w -i, mm GENERAL PATRICK EDWARD CONNOR 1i88 HISTORY OF NEBRASKA The Nebraska Advertiser of August n, 1864, contains an extended account of the Indian massacre of August 7,1 on the Blue river and at Plum creek, Nebraska, in part as follows: "On Sunday they came on to the Leaven- worth and Fort Kearney road and at the same hour, four o'clock p.m., attacked all the ranches between Hackney's and Comstock's and murdered as many as sixteen citizens, probably more than that have not been found. About twenty came to Comstock's ranch and surrounded the house in a threatening man- ner. One of them who could speak English, called to a Mr. Kelley, who was there, to ^he following account of this massacre is taken from a paper read before the Nebraska Commandery of the Military Order of the Loyal Legion of the United States, Feb. 2, 1887, by Captain Henry E. Palmer, late acting assistant adjutant general of the district of the plains: "In Aug., 1864, I was ordered to report to General Curtis, who at that time commanded the Department of Kansas, at Ft. Leavenworth, and was by him instructed to take command of a detachment of the 11th Q. Vol. Cav., sixty men, every one of them lately Confederate soldiers with John Morgan on his raid into Ohio, captured there and confined at Columbus. They had enlisted in the federal service under the pledge that they were to fight Indians and not rebels. I was to conduct these men to Ft. Kear- ney, and there turn them over to Captain Hum- phreyville of the 11th O. "On our way out, near Big Sandy, now Alex- andria, Thayer county, Neb., we met a party of freighters and stage coach passengers on horseback, and a few ranchmen, fleeing from the Little Blue valley. They told a terrible story, that the Indians were just in their rear and how they had massacred the people west of them. None knew how many, but all knew that the Cheyennes had made a raid into the Little Blue valley, striking down all before them. After camping for dinner at this place, and seeing the last citizen disappear toward the States, we pushed on to the Little Blue—and camped in the valley—where we saw two Indians about five miles away on a hill as we went into camp. Next day we passed Eubank's ranch, where we found the bodies of three little children, from three to seven years old. who had been taken by the heels by the Indians and swung around against the log cabin, beating their heads to a jelly. Found the hired girl some fifteen rods from the ranch, tied naked to a stake by her hands and feet, her body full of arrows and horribly mangled. Not far from this was Eubank, his whiskers cut off and his body fearfully muti- lated. Mrs. Eubank was missing. The buildings had been fired and the ruins were yet smoking. Nearly the same scene of desolation and murder was witnessed at Spring ranch. We camped that night at Liberty farm. Next day we passed wagon trains, in one place seventy wagons loaded with merchandise en route for Denver. The teamsters had mounted the mules and made their escape. The Indians had opened boxes containing dry goods, taking great bolts of calicos and cloth, carrying off all they Wanted, and scattering the rest around over come out to the Indians. He of course would not go, but told the interpreter to come to the house if he wanted to see him. Kelley asked him what they meant, that their appearance indicated war. 'Oh,' said the Indian, 'we friendly; we no hurt white man; we had fight with Pawnees on Republican, and whipped them; but we lost our provisions, and come over to see white man and eat bread.' By this time Mr. Kelley and a Mr. Butler had come outside of the door; a signalgun was fired in the brush, and every Indian drew his bow and fired. One arrow passed clear through the breast of Mr. Kelley who expired immediately. Mr. Butler and one other man fell dead. ... the prairie. An Indian on horseback would hold on to one end of a bolt and gallop off to stretch it out. ^ In their inspection of five wagonloads of coal- oil, in twenty-gallon cans, the Indians had chopped open some fifteen or twenty cans with hatchets to see what was inside. None of them had sense enough to set the coal-oil on fire and thus easily destroy the entire train, but they burned several wagons. Aug. 9, 1864, these Indians had attacked the troops at Pawnee ranch, under the command of Capt. E. B. Murphy of the 7th la. Cav., and had driven them into Ft. Kearney. Murphy had only thirty men.^ T. J. Potter, late vice-president of the Union Pacific R. R., was one of Murphy's lieuten- ants in this fight. Captain Murphy returned Aug. 15 with 110 soldiers and plainsmen and a mountain howitzer and renewed the fight. When I arrived, Aug. 20, the main body of the Indians was far away in the Republican valley, en route to Solomon river. We followed their rear guard to a point near where the town of Franklin, in Franklin county, Neb., now stands. We camped there one night and then marched north to Ft. Kearney. On that day's march we saw millions of buffaloes. "This raid on the Blue was made by the Chey- ennes unddr the command of Black Kettle, One Eyed George Bent, Two Face, and others. Mrs. Eubank and Miss Laura Roper were carried away captives. We ransomed them from the Indians, who brought them to Ft. Laramie in Jan., 1865. Just prior to this outbreak on the Little Blue, a number of the same Indians had attacked a train near Plum creek, thirty-one miles west of Ft. Kearney, on the south side of the Platte, and killed several men. From Plum creek they moved on down the Little Blue, passing south of Ft. Kearney. "Col. J. M. Chivington, commanding the 1st Col. Cav., was in command of the district of Colorado, with headquarters at Denver, and during Oct. and Nov., 1864, made several raids after these Indians. On the 29th of Nov., 1864, Col. Chivington, with three companies of the 1st Col. and a detachment of the 3d Col. Cav., under command of Col. George L. Shoup, attacked iSlack Kettle, who with the bands of White Antelope, One Eyed George Bent, and others was encamped on Sand creekr 175 miles south- southeast of Denver. After a forty-mile ride in the night his command attacked them just at daylight The Indians were surprised, and 416 were killed, including men, women, and children. The fight took place in the village, and the troops had no time to pick for men and save the squaws. The half-breedTERRITORIAL MILITARY HISTORY 189 "Mr. Kelley and Mr. Butler were well known in this place. Two of the Ulegs, brothers-in-law of Joseph Schutz, of this city, were killed at their ranch. A daughter of Mr. Roper of Beatrice, with several others were murdered at another ranch. There is a rumor that two trains were captured near Fort Kearney. Major Lushbaugh has given orders for all of the stock to be taken from the stage line to Fort Kearney/' "Alex. Majors of Nebraska City writes to his wife that about twenty citizens have been killed between Fort Kearney and Colorado, and about the same number this side of Fort Kearney on the Little Blue and Big Sandy; one young lady and two children are supposed to be captured as they are nowhere to be found." "Lieut. George P. Belden writes from Fort Kearney on the 8th that they were hourly expecting an attack. Citizens in the vicinity of the fort were very much alarmed and were coming to the fort for safety. The men killed at Plum creek were first wounded and kept lying on the ground while the savages had a war-dance around them. They were finally tortured to death and then scalped. Two women were taken into captivity from Plum creek." An opinion of the cause of these Indian outbreaks is given in a letter from Ft. Kear- Indian chief, One Eyed George Bent, a son of Col. Bent and an educated rascal, was found among the dead. This was the first great punishment the Indians of the plains had received since Harney's light near Ash Hollow, Neb. "On the 7th of January, following, the military and stage station at Julesburg, situated at the old California crossing on the south bank of the Platte, was attacked by the Indians. Capt. Nicholas J. O'Brien, familiarly known among the white men as "Nick O'Brien," and by the Indians as O-zak-e- tun-ka, was in command of the troops. The Indians, Sioux and Cheyennes, to the number of about 1,000, chased the stage into the station, killing: one man of the escort and one horse. Captain O'Brien left a sergeant and twelve men in the fort to handle the two pieces of artillery and mounting the rest, thirty- seven men and one officer besides himself, went to meet the savages. As the men neared the top of the hill they saw the large force opposed to them, but did not flinch. The Indians charged on them with great fury and killed fourteen of the soldiers. Captain O'Brien ordered his force to fall back, which they did in good order, leaving their dead comrades in the hands of the Indians. The red skins endeav- ored to cut the retreating men off from the fort, and came very near doing it; but they gained the fort and held the enemy at bay with the artillery—two mountain howitzers—until night put an end to the conflict. The Indians withdrew during the night, and in the morning no one was in sight. The sol- diers found the bodies of their dead comrades, but nearly all were beyond recognition—stripped of ney under date of September 7, 1864, signed "Siempre Verdadero," and which appears in the Advertiser of September 15. "The country, in this direction^ has been, for the last four weeks, in complete commo- tion from Indian depredations. . . . The facts are these: The various tribes inhabiting this country have repeatedly received prom- ises from the government to the effect that at stated times, blankets and other necessities would be issued to them, and under these promises they have repeatedly assembled to the appointed times and places, and have as often been disappointed and left the ren- dezvous in disgust, and increased hatred to the people who often have broken faith with them." "This failure of the government to keep its promises has not been recently inaugurated, but extends back through several years, and- ean we blame them?—'Tis more than Indian nature can bear. They have, they believe been by us deprived of their grounds, and not only expect but have been; promised certain remu- neration for their loss, and we repeatedly failed to keep our engagements with them, but each time postpone the time for the deliv- ery of the promised articles,—and which they cannot do without—can we expect their con- duct to be different from that which they are now pursuing? . . clothing and horribly mutilated. Their fingers, ears, and toes had been cut off. Powder had been poured into their mouths and then ignited, and every other conceivable indignity had been committed on their persons. The Indians, as they afterwards admitted, lost over sixty warriors. None were found on the field, as they always carry away their dead. "These events emphasized the fact that there was an Indian war on the plains, extending west from the Missouri river in Nebraska and Kansas between the Arkansas river and the Platte. There were at this time no settlements in Nebraska territory north of, or along the Platte river, except the little hamlet of Fremont, a few buildings at Columbus, a ranch at Lone Tree (now Central City), and a ranch and blacksmith shop at Grand Island. Ft Kearney was situated on the south bank of