Full text of "Publications of the Nebraska State Historical Society"

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37387

GENETAUOGY COULECTION

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Gc 978.2 N27P v. 7, Ber. 2, v. 2
Nebraska State Historical
Society,

PUBL-ICATIOMS OF THE NEBRASKA

State Historical. Society

PROCEEDINGS AND COLLECTIONS

NEBRASKA

Mte Historical Society

V'l

SECOND SEKIES. VOL. II.

ree

Planters."

if n ^ , LINCOLN, NEB.:

y •"/ /STATE JOtTRXAL COMPANY, V

A , 1898.

1237387

TABLE OF CONTENTS.

I'AGE

I. — Historical Papers 11-189

The Poncas, by Jay Amos Barrett 11- ^5

-4.ite of Captain P. S. Real, by Rev. William Murphy 26- 3o

Bellevue, by J. Q. Goss SG- 47

Edward Morin, by I. A. Fort 48- 52

Travelers in Nebraska in 1866, by J. P. Dunlap 53- 57

The Cost of Local Government— Then and Now, by J. Sterling

Morton 68-69

Underground Railroad in Nebraska, by Alice A. Minick 70- 79

Biogniphical Sketch of W. W. Dennison, by I. A. Fort 80-82

Social and Economic Progress, 1855-1897, J. Sterling Morton 83- 87

The First Territorial Legislature 88-1(51

Reminiscences, by H. P. Bennett 88- 92

Robert B. Whitted, by J. M. Whitted 92

Jot^eph D. N. Thompson, by J. C. Thompson 92-94

A. J. Poppleton, by J. M. Woolworth and W. S. Poppleton 94-lOs

Tribute to Mr. Poppleton, by J. Sterling Morton 108-110

J. W. Paddock, by J. Sterling Morton 110-115

Sketches of Members of the Legislature of 1855, by S. E. Rogers. . 115-120

B. B. Thompson, by J. C. Thompson 120-123

Biographical Fragments, by Jay Amos Barrett 124-134

Results of the Pioneer Session : Views of M. B. Reese, J. H.

Broady, J. R. Webster, S. B. Pound, and Samuel Maxwell 135-1()1

Nebraska Women in 1855, by Harriet S. MacMurphy 162-178

The Death of Sitting Bull, by E. G. Fechet 179-189

II. — Procef:dings 191-198

Index 201-208

in.— Pai>ers and Proceedings ok the Nebraska Acade.my ok Scievcks. 211-307

Lincoln, Nebraska, June 1, 1S9H.
To the Hon. tSilm A. Holeomh, Governor of Nebraska :

Sir — In accordance with the provisions of law, we herewith sub-
mit our report of the proceedings of the State Historical Society
for the past year.

Very respectfully,

J. Sterling Morton,

President.
Howard W. Caldwell,

Secretary.

NEBRASKA STATE HISTORICAL SOCIETY.

OFFICERS: CONSTITUTING BOARD OF MANAGP]RS.
J. Sterling Morton, President, . . . Nebraska City.
Robert W. Furnas, First Vice-President, . . Brownville.
G. M. Lambertson, Second Vice-President, . Lincoln.

Charles H. (tere, Treasurer, .... Lincoln,
Ho^^•AR» W. Caldwell, Secretari/, . . . Lincoln.

COMMITTEES.
Piihlimtioa — The Secretary, S. L. Geisth ardt, S. T>. Cox.
Obituaries — R. W. Furnas, Geo. L. Miller, W. H. Eller.
J'rogram — The Secretary, J. L. Webster, J. M. Woolwortit.
Lll>r((,ri/ — Jay Amos Barrett, Mrs. S. B. Pound, Prof. F. M. Fling.

r.-HISTORICAL PAPERS.

THE FONCAS.

Presented at the session of the State Historical Society, January Ki, 1895, i)y Jay
Amos Barrett.

Fe\v people, perhaps, uotice that the census reports of 1880 and
1890 do uot agree about the aiea of Nebraska. Indeed the small
difference of about GOO s(juare miles might easily be supposed to
be due to correction of estimates, in the case of a state having
nearly SO.OOO square miles within its borders. There is. how-
ever, a long story to tell about that matter, and a simple state-
ment of it 1 now offer you.

In IS82. a law* of the Tnited States gave to Nebraska the land
north of the Niobiara river that had previously belonged to
Dakota. Oui- northern boundary follows the forty-third parallel
easlwar<l to tlie Missoiii'i liver. Mefore 1882. it followed this
parallel only to the Keya Paha branch of the Niobrara, ami these
two str<'ams conslituled the r<'mainder of the northein boundary
to tlu' Missouri. In and about the corner of lowland, jirairie, and
hills between the Niobrara and the Missiuiri. the earliest white
explorers found a tribe of simple Indian folk, living by the chase
and by primitive horticult uie, nnassnming, gen(M-ons. and biaxe.
The rejtort of the expedition of Lewis and (Mark to th<' northwest,
which reached the continence of these rivers in Sei>tember. lStl4.
has this item :

"The two men whom we dis|)atche<l to the village of the same
n;nue. i-etnrned with information that they had found it on the
lowei- side of the creek; but as this is the hunting seas(»n. the
towu was so completely deserted that they had killed a buffalo in
the village itself. This tribe of Poucaras. who are said to have
once numbered 400 men, are now reduced to abont fifty, and hav«'
associated for mutual protection with the Mahas. who are about

*47th Congress. 1st sess., chap. 't!2: U. S. Statutes, vol. 2'J, ]>]>. :'.5. :'.il. •

ill)

12 NEBRASKA STATE HISTORICAL SOCIETY.

200 iu uuinber. These two nations are allied by a similarity of
misfortune; they were once both numerous, both resided in vil-
lages and cultivated Indian corn; their common enemies. Sioux
and smallpox, drove them from their towns, which they visit
only occasionally for the purpose of trade; and they now wander
over the plains on the sources of the Wolf and Quicurre rivers."*

The numbers given by travelers concerning tribes of Indians
are rarely accurate. Between the beginning of this century and
the time of accurate statistics in recent years, the number of
Indians under the care of the government has been variously
estimated. In fact, even the Secretary of War and the Indian
Comnussioners varied 340,000. Samuel Parker, in an account of
his travels from 1835 to 1837, came nearer the truth when he
said: ''The Ponca Indians " * * number six or eight hun-
dred and speak the same language as the Omahas."t While
explorers, traders, hunters, and missionaries followed the Mis-
souri to its source, or traveled the plains through which the
Platte slowly makes its way to the sandy bottoms at its mouth,
the Poncas attracted little notice, (.'ham^e paragraphs now and
then said there was such a tribe; that they were related to the
Omahas and spoke the same dialect ; and that they occupied ''all
the territory between the ^Miite Earth river and the Niobrara."

The T'nited States came into treaty relations with them first in
1817. Perpetual peace and friendship were declared, every
injury was to be forgot, and the Poncas acknowledged the
supremacy of the United States. French traders had been much
up and down the river and across the country in the early years
of this century, and when the Louisiana country came under the
laws of the rising western re]>ublic the agents of this new power
gradually found their way up the Missouri from St. Louis. At
first, one general agent dealt with the tribes. Then division of
labor began with a second agent for "the tribes on the Missouri
above the Kansas.'' Even he resided at St. Louis. During the
war of 1812, the axe which the agents had to grind, under the

* Lewis and Clarke's Travels (London, 1815), T. 91.
• f. Journal of an Exploring Tour, 18:55, 'HC>, "87 (Ithaca, 1842), p. 45.

THE PONCAS. 13

supei'intendency of Mr. Clarke, gover-uor of Missouri territory,
was the prevention of British influence from the north. An
Indian Report says of Manuel Lisa, who was agent and interpre-
ter in 1815 at a salary of |548 : ''He has been of great service in
preventing British influence the last year."* Presents were made
to the Missouri tribes in 1814, "by order of William Clarke," to
the amount of $11,847.58, "to counteract British influence, and set
them at war."t A few years later, the agent of the Missouri
tribes was located at Council Bluffs, a height of land overlooking
the Missouri from the Nebraska side, where the brave and hardy
explorers of 1804 entertained some Indian chiefs in council. On
the heels of the movement of the military up the river came the
Ponca treaty of 1825.t Mutual concessions were made. The
government agreed to protect the Poncas, and the tribe in turn
agreed not to supply the enemies of the United States with nec-
essaries. They again acknowledged the supremacy of the United
States, guaranteed protection to authorized agents of the gov-
ernment, and it was agreed that all trade should be at some
designated point. The question that presented itself to the au-
thorities at that time was almost wholly one of trade. Reports
are full of it. Members of congress tried their minds upon the
utility of the so-called "factory system," and their acts make a
long story of the rise and fall of trading houses. Meanwhile the
tribes went on their semi-annual buffalo hunt, to secure robes and
furs for trade, and subsistence for themselves. The years be-
tween the treaty of 1825 and the opening of the lands west of the
Missouri to the rising tide of fortune hunters and settlers, were
not eventful for these Indians, but they were big with promises
of what the pale-face would bring with him and of what he would
take away from them. The curse of strong drink came with
the stranger; but fortunately, the chapters of awful misdeeds
that may and will be recorded about that need not be written of
the Poncas. This same stranger took from them their lands.

*Amer. State Papers, Indian AflFaii-;;, II, 76.
t Amer. State Papers, Indian Affairs, II, 75.

t Amer. State Papers, Indian Affairs, [I, o95-o9(). L'. S. Statutes at Large, Vlf.
247-249.

14 XKBUASKA .STATE HTSTOUICAT. SOCIETY.

With the Kanmf<-y('h)(isl(i BUJ in isr)4, the so-called "Indian
Country" of onr western ])lains i)assed into history. Immigra-
tion set in fiom the well jxtjinlated east and the half occnpied
Mississi}>i>i valley, until there was left in the vicinity of the Mis-
sonii iiaidly a section of land across which the settler had not
l>ass(Ml. The reports of Indian oflficials from 1850 to 1856 make
almost no reference to the Poncas. The agent for this section of
cennlry had a score of tribes to deal with during a portion of
this tinu\ and he could not be expected to pay any attention to
such an insignificant and harmless tribe as the Poncas. A
chance icference to them in the report of 1855, how^ever, says that
the PawncH-s and the Poncas, who with the Omahas, Otoes, and
Missouris constituted the Council Bluffs agency, were in an "un-
settled state."* The superintendent writes: "The Poncas have
also been guilty of de])redations, and have the character of law-
less Indians." It is "very desirable that the Pawnees and J^on-
cas should be biought under some restraint." "It is understood
ihat Ihe I'oncas are anxious to make some treaty arrangements."
The icport of the next year gives a clue to the cause of this un-
usual restlessness. A\'i"iting from St. Louis in September, 1856,
the superintendent thus alludes to the Poncas:

"The I'onca Indians hav(^ no existing treaty with the Ignited
Slates, and such is also the case now with the ]*awnees. The
former tribe inhabits the valley of the I'Eau qui rV)urt. and the
adjacent country below that river. They plant corn to some ex-
tent, but pass much of their time on the roads leading to the
Platte. Their lands are being settled upon by squatters.'"t The
commissioner of Indian affairs, too, remarks: "From the uncer-
tainty of reaping the fruit of their labors," the Pawnees and the
Poncas "seem to be depressed."!

The circumstances leading \\\) to the treaty of 1858 seem to be
clear. The Indians on their part were anxious to have some sort

*Mess. and Docs, of U. S., 1855-'56, I, ,325.
tMess. and Docs., 1856-'57, I, 619.
tMess. and Docs., 1856-' T)?, I, 559.

I'lIK I'O.NCAS. 15

of i\ Siifegnai-d a^ainsi tlic tide of population That was bc^iuninji
to encroach upon their lands. I say "their hinds." for they lived
by what their district sn]tpii<'d iIkmu. Thoir idea of ])ossession
was very nnlike ours. They did not ((tnceive of indi\ idnal own-
ership of The soil, and Their claim To occn]iancy of a disTrict
ceased as soon as there faih-d to l»e anyThin«i' lo support them.
Tliey then emigrated.

On the part of the <i<»\ei-ument and the Indian Commissioner
there was a desii-e to systeiuat i/.e (ieaiin.iis witli the Indians, and
to contine the tribes within certain bounds. \Nhen boTh jtarTies
were willing to have a Treaty iT was not long in forthcoming.

On the twelfth day of March, 1858. in the city of Washington,
six chiefs of the Ponca nation concluded a treaty with the gov-
ernmenT of The TniTed States, by which Th(\v gave u]i all the
lands ThaT had sui»])orted them. (^.\ce])T a snnill reserve about
tw<MiIy miles long and six miles wide, lying between the Niobrara
an<l I'onca livers."" Tuder the s(H-ond article of this treaty the
T'nit<Ml SiaTes agre<Hl: FirsT, "To prot<n*t the J'oncas" in the pos-
session of this tract of land, "during good behavior on their
part," and to protect "their y>ersons and their pro})erTy thereon."
Secondly. To ])ay TIumu oi' to ex}»end for Their benefit certain an-
nuities described in Thi^ treaTy. Thirdly, To expend |2(».(K>0 in
I SubsisTing The Tribe during the tirsT year, while They should be
accommodaTing Themselves t(» Their new locaTion and ada])Ting
Th(Mnselves To an agriculTurai life. FourThly, To esTablish and to
nniintain for ten years a nmnual labor school, or schools, for the
education and Training of The Ponca youTh in letters, agriculture,
th(^ mechanic arts, and housewif(My. Fifthly, to ])rovide the
Poncas with a mill sniTable for grinding grain and sawing lum-
ber. And Tinally, to expend |20, ()(>(► in liquidating Tlu- exisTiug
obligaTions of The I*oncas. Tlie rig'ht of eminent domain was
ass(M'Ted by The governnn'uT, The same as for any other land under
the laws of the Ignited States.

As the government agreed to protect the Tribe, they in tlieir
turn agreed noT To enter into hostilities with other tribes.

* Treaties oT U. S. (Boston, 1860), pp. m. fir,

16 NEBRASKA STATE HISTORICAL SOCIETY.

Such was the agreement under which this little tribe of Indians
commenced their struggle towards a realization of the happi-
ness which they supposed the whites enjoyed. Perhaps the most
remarkable provision, everything considered, is the article touch-
ing intemperance, which reads as follows:

"To aid in preventing the evils of intemperance, it is hereby
stipulated that if any of the Poncas shall drink, or procure for
others, intoxicating liquor, their proportion of the tribal annui-
ties shall be withheld from them for at least one year; and for a
violation of any of the stipulations of this agreement on the part
of the Poncas, they shall be liable to have their annuities with-
held, in whole or in part, and for such length of time as the Presi-
dent of the United States shall direct."" Whatever may be said
of its severity, the effect was certainly wholesome. I question if
there has been a more exemplary set of Indians west of the
Mississippi than these have been since that treaty.

In 1865 a supplemental treaty was made. In place of a portion
of the other reserve, — the greater portion be it said, — ^they were
given somewhat more land farther down between the Ponca and
Niobrara rivers and the greater portion of six fractional town-
ships south of the Niobrara. They then held the land on either
side of the Niobrara for four or five miles immediately above its
mouth, with some frontage upon the Missouri. The government
did this, in the words of the treaty itself, "by way of rewarding
them for their constant fidelity to the government and citizens
thereof, and with a view of returning to the said tribe of Ponca
Indians their old burying grounds and cornfields."'

Here was the basis, in these two treaties, of a permanent settle-
ment of all questions that arise between the government and its
wards, as far as the Poncas were concerned. They had given up
Iheir old life, except that they sometimes got permission to hunt
buffalo, when reduced to starvation; they had settled down to an
agricultural life; they adhered to the letter of their agreement,
in their relations with the other Indians; and there is not a single
report of the Indian agents from 1858 to the time of the third act
in his drama, in 1871, that does not speak in the highest Terms

THE PONCAS. 17

of this little band. During this period their average number was
809. Their interest in improvement and their real successes you
may gather from the paragraphs found here and there in the
reports of the officials.

In 1866 it was said:* ''There are, however, two tribes in thit^
superiuteudency (Poncas and Yankton Sioux) who have for a
number of years been settled upon reservations adjacent to the
white settlements, and who have generally taken the first steps
toward improvement and civilization and it is believed they are
prepared to make another advance. * * * It is believed to
be proper at this time to otfer encouragement for a second step,"
the opening of schools. The Commissioner said in 1869 :t "The
Poncas are the most peaceable and law-abiding of any of tht^
tribes of Indians. They are warm friends of the whites and truly
loyal to the government, and they fully deserve its consideration
and protection.-"

In 1873J the agent, Mr. Birkett, commenced the plan of dis-
tributing the supplies to families, instead of putting the supplies
into the hands of the chiefs, to be allotted to the families at-
tached to them according to fancy or favor. There were at thivS
time three villages, located within two miles of each other:
Agency Town, Fish Village, and Point Village. The govern-
ment had kept its promise to erect a sawmill, and in the winter
time, when ice covered the rivers, logs were brought from the
islands. In 1862, almost entirely by the work of Indians, 35,000
feet of lumber were cut. From 1868 to 1876 very nearly half a
million feet were reported cut, of which 150,000 were cut in 1871 .

The system, or lack of system, of distributing rations gratui-
tously among the families or heads of families, was abolished in
1873 also. The i>lan must work greatly to the prejudice of close
application and industrious habits generally. In place of that,
they substituted the rule that each Indian, in order to get his
share of supplies, must do his part of the daily work in the field

*Rept. Sec. Interior, 18G6-'67: Letter of Gov. Newton Rdmnnds. vSept. 22, I8f>(>.,
tRept. Ind. Com., 1869, p. 7-53.
1;Rept. Fnd. Com.. 1873, p. 240.

18 NEBRASKA STATK HISTOKMCAI. SOCIKTV.

or at the mill or iu the shops. The ohl and the sick were ex-
cepted. The innovation worked to a charm; for soon the head
chief of the full-bloods, White P]agle, the very last to adopt the
plan, before the year was over, guided both a reaper and a mower.
They were said in the years 1874 and 1875 to be "peaceable, agri-
culturally disposed, provided with good lands and ]»lenty of farm-
ing im]>lements. and not utterly averse and unaccustomed to
work.""

The story about the farming im}»lements does not lally with a
report a year or two later, which says: "They 'an' peaceable and
well-behaved, and haA-e worked faithfully during the past liA'e
nnuiths, considering the many ditticulties they have had to con-
tend with — therei)eated attacks by tlu^ hostile Si(»ux. the scarcity
of farniing implements, etc. Many of the Indians w«'re obliged
to cut their wheat with butcher knives, owing to the fact that we
have only one reaping machine and could not get arouud in time
to harvest it; consequently much of the wheat crop was lost.""*

The misfortunes that canu^ to these well-deserving ]»eople w<'re
many. The fact that thert^ was no game whatever upon their
reserve wcmld not have disheartened such sturdy fellows if their
crops had hevn successful. But with the exception of two or
three seasons, crops failed successive!}'. Sometimes grasshoj)-
pers came and the crop de])arted with them. Infrequently, the
Missouri flooded the bottom lands where their farms were, and
left no hope of sufficient subsistence. When these evils came
not. perchance they saw a fair harvest shrivel at the touch of
thirsty winds. But all these together worked much less injury
to their cause than the Sioux. From earliest years scarcely a
report fails to mention the "hostile Sioux." These Dakotas
were numy tribes, and added to sui)eriority of numbers was an
aggressive temperament that made them a terror to all the
Indians in the Platte valley. Only the Paw^iees seemed to eon-
tend successfully with them.

The Dakota tribes situated nearest to the I'oncas crossed the
latter"s reserve on their way to hunt in the Platte valley, and
■*Rept. Ind. Com., 1876, p. 32.

THK I'OXCAS.

never failed to express iu an Indian's way their contempt for
"■treaty Indians." In tlieir daily or weekly visits they stole the
horses of the I'oncas, killed their oxen, and sometimes iu the
skirmishes that ensned killed members of the tribe. The agent
was powerless to do more than place in a defensive attitnde the
Indians nnder his (■haro(\ They had given np their arms to the
government; bnt there were a few guns on the reservation
that could be used. The agent called upon the army officials to
station soldiers at the ai;'en<-y. Half a dozen were finally placed
there. Later, as many as tifteen were allowed for protection
against bands of Sioux numbering 200 to :>()0.

The i'oncas became so terrorized that they could be removed
scarcely far encnigh from the agency buildings to do the farm
work. The hostile Indians frecpiently showed themselves at the
tops of the blutfs in sight of the agency and shot at anything iu
sight. Some feebh- ett'ort was ma(h' by the commissioner to se-
cure protection. In 1S71, this small i)aragraph found its way
into the R('itort of the (Uninui.s.sioner of Ind'utn Affairs: "The gov-
ernment owes them (/. c. the })artially civilized tribes) the pro-
tection of their rights, to which it is solemnly plodged by treaty,
and which it cannot fail to give without dishonor."*

How did the Indians themselves behave under these ciicum-
stances? I will read you for answer two excerpts from the re-
ports. The agent in 1S(;:>. referring to the failure of cro])s and
the destitution of the Indians, says:t

"The J'oncas have behaved well; quite as well, if not better
than, under like circumstances, tlie same number of whites would
have done. I have known whole families to live for days to-
gether on nothing but half-dried cornstalks, and this when there
were cattle and sheej) within their- sight. If I had given them
what beef they could have consumed, the fifty head at this
agency would not have lasted them ten days. * * * If there
are any Indians who deserve the charity of the go\ernment. the
Poncas do."

*P. 17.

tRept. Sec. Interior, 18(58-'(i4. [.. 27'.i

20 NEBRASKA STATE HISTORICAL SOCIETY. '■■

Governor Newton Edmunds, of Dakota territory, wrote in
1866:* ''Since my acquaintance with this tribe for a i>eriod of up-
wards of five years, they have remained faithful to their treaty j
obligations in every particular, under circumstances that would i
have palliated, if not excused, a hostile attitude on their part." i

Here, then, was a problem: A tribe of Indians willing to work, ;

placed where they were unable to gain a living by the chase, and j

where by a fortuitous combination of circumstances they were ,

unable to raise enough to subsist themselves from year to year. ;
Their annual appropriations, while apparently large, aiforded

very insufficient means of living when expended upon various ;

kinds of things: the school, the two mills, the agricultural ma- ^

chinery, clothing, labor of government blacksmith, physician, ]

and farmer, — every separate item of this kind drew upon their ]

funds until an appropriation of |20,000 went but a small part of j

the long way to a tolerable condition of life. j

From the Indians' own standpoint a solution could be had in \

this way: They might go down to their cousins, the Omahas, ]

where there was apparently subsistence enough, and certainly j

land enough, for both. At the failure of their crop in 1863, in i

fact, they did go there and the Omahas shared their own corn \

with the Poncas. The secretary of the interior suggested in his '

report for that year that the Poncas perhaps could be settled ■;

upon the Omaha reserve. Several times this was suggested, and |

in one report it was declared that both tribes desired it and that ;

there was nothing lacking except funds for purchasing lands ;

of the Omahas and for expenses of removal. ;

Meanwhile the government had greatly complicated matters

by a treaty with the Sioux tribes, in which> all the Ponca lands '

were included within the territory granted to the Sioux. It may ;

be true that the Ponca language is properly classified as a ■

"Siouan dialect.'" But it is very clear that the Sioux did not '

regard the Poncas ais one of their kind. The Brule Sioux, from ■

whom the Poncas seem to have suffered most, told them long be- '

fore this treaty that the country where the Poncas hunted was .

*Rept. Sec. Interior, 1866-'67. p. 178. j

THE PONCAS.

Sioux territory. After the unfortunate treaty of 18G8, the con-
tinuance of the Poncas within the Sioux reservation was con-
strued by the Sioux as a breach of the treaty by the whites.
From more distrust came more hostility towards both Poncas
and whites. Instead of correcting the mistake of extending the
Sioux reserve over the Ponca hinds; instead of affording sufficient
protection to these defenseless Indians at their original estab-
lishment upon the very border of hostile territory, the slow ma-
chinery of our government found another way. There appears
no evidence in the reports through which I have looked that the
Indian commissioner seriously considered the proposition to
locate the Poncas and Omahas together. It was determined
to locate the Poncas in Indian Territory, nominally with their
consent, really without it.* By 1876, when money was appro-
priated for the purpose of relocating them, "with their consent,"
better times had come. The Sioux had quite ceased to trouble
them; crops were better; and they were much more contented
to remain in their native land than go to others they knew
not of. Said the agent sent out from Washington: ''An order
has been issued to take the tribe to Indian Territory." In the
^'ouncll of his tribe, assembled to hear this, Chief Standing Bear
replied:! "This land is ours. We never sold it. We have our
houses and our homes here. Our fathers and some of our chil-
dren are buried here. Here we wish to live and die. We have
harmed no man. We have kept our treaty. We have learned
to work. We can make a good living here. We do not wish to
sell our land, and we think no man has a right to take it from us.
Here we will live and here we will die."

"The Indian Territory is a very much better country," was the
answer. "You can raise more grain and not work near so hard.
If you once see it you will not want to stay in Dakota. Let the
chiefs go down and look at the land and if they do not like it the
Poncas may stay where they are. And if they want to sell the
Great Father in Washington will buy your Dakota lands and give
jou all the land you need in Indian Territory."

*Rept. of Com., 1876, p. xvii.
tThft Ponca Chiefs, pj). 2, B.

22 NEBRASKA STA'PK HISTORICAL SOCIETY.

The tribe chose ten of the heading" meii to look at the country.
The.v came, they saw, but they did uot choose. They preferred
their own lauds in Dakota. The officials of the <i<)verunient now
began to use shall instead of may.

Upon repeated refusal of the chiefs to consider the matter, the
the commissioners lost their temper. "Then stay here and
starve," they said; and they left the Indians to l)e arbiters of
their own fate. The t(Mi Poncas saw sickness there, and stony
ground, and they said: "It is better for ten of us to die than that
the whole tribe, all the women and little children, should be
brought there to die." Eight of the ten commenced the journey
home on foot, two being old men. to<> feeble for such exertion. In
fifty days they reached the Otoe agency in southern Nebraska.
>\'ith the help they obtained of the Otoes, the rest of the journey
was made more lapidly. Again at the IVmca agency, they found
those sanu' agents and officials. Standing Htsu-"s temper now
got the beth^r of him. and he said:

"What are you liere for? What busiiK'ss have y»m io come
here at all? I never sent for yon. I don't want anything to do
with yon. ^'oM are all liars. Von are all l)ad men. You have
no authority from the (ireat Father. Von came out here to
cheat and steal. Von can read and write and I can't and you
think you know eveiything ;ind I know nothing. If some man
should take yon a thousand miles from home, as yoii did me. and
leave you in a stiange c(juntr.\ without one cent of money, where
you did not know the language au<l could not speak a word, you
would nevei- have got home in iIk^ world. You don't know
enough. I want yon to go otV this reservation. You have no
business here, and don't come V»ack until you bring ;i lett<M- from
the Great Fath(M-. Then if yin\ want to buy my land, bring the
money with you sol can see it. If I want to sell. I will talk with
you. If I don't. T won't. This is uiy laud. The (Jreat Father
did not give it to nie. .My people were here and owned this land
bef«n-e there was :iny Creat Father. We sold him some land,
but we never sold t his. This is mine. ( lod gave it to me. When
I want to st^ll it. 1 will let you know. Vou are a rascal ;ind a liar.

THK HONCAS. 2^?

and 1 want you to <;et off my land. If you were treating a white
man the way you are treating me he would kill you and every-
body would say he did right. 1 will not do that. I will harm no
white num. but this is my land, and I intend to stay here and
make a good living for mv w ife and children. You ean go."*

The half-breeds were the only pait of the tribe that wanted to
g<». The Poncas refused. On the 17th of April, 1877, 170 mem-
bers of the tribe, mostly half-breeds, accompanied the agent
across the Niobrara river and began the journey on foot towards
the Indian Territory. Mr. K. A. Howard, just appointed their
ne^w agent, reached Columbus in time to meet this detachment
there. He left this advance guard with the former agent, and
made his way to the ]*onca i-eserA'ation. Several councils were
called without avail. Finally, when the Tnited States soldiers
had biHMi sent for, and it was represented to the Indians that the
soldiius were coming' to tight with them, they sorrowfully chose
th(^ other alternative.

This journey was also by foot, at a time when rains detained
them and swollen streams lengthened theii- long way, and the
slippery path nuide home-leaving doubly hard. With heavy
hearts the tribe moved their baggage across the Xiobiara ou the
KJtli of May, and traveled tifty-four days before they reached
the new location in Indian Territory, tired and sick. Tht' first
]>art of the tribe had occupied two days longer than this in their
trip. A last word from the agent, taken from liis rejtort for that
year, will be sutticient to show the lack of foresight, the <h*lib-
erate stujudity, the brutal neglect, of the government in the last
act. AftfM- reporting the details of this injustice. Mi-. Howard
writes:!

"I am of (he opinion that the removal of the Toncas from the
uoi thern climate of Dakota to the southern cliuuite of the Indian
Territoiy, at tlu' s<^asou of the year it was done, will ])rove a mis-
take, and that a great mortality will surely follow among the
I)eople wlu'u they shall have been here for a time and be<-ome

*The Ponc-a Chief^^, 7, S.

tRepf. Fudiiiii Ooinmis.. 1877. p. tW.

24 NEBRASKA STATE HISTORICAL SOCIETY.

poisoned with the malaria of the climate. Already the effect of
the climate may be seen upon them in the ennui that seems to
have settled upon each, and in the large number now sick.

"It is a matter of astonishment to me that the government
should have ordered the removal of the Ponca Indians from Da-
* kota to the Indian Territory, without having first made some
provision for their settlement and comfort. Before their re-
moval was carried into effect an appropriation should have been
made by congress sufficient to have located them in their new
home, by building a comfortable house for the occupancy of every
family of the tribe. As the case now is, no appropriation has
been made by congi*ess except of a sum but little more than suf-
ficient to remove them; no houses have been built for their use,
and the result is that these people have been placed on an unculti-
vated reservation to live in their tents as best they may, and
await further legislative action."

The trials of this brave and patient people during the years
that have intervened between that sad day and the present mar
sometime be told as a sequel. Only one other chapter remains
to be written of them, in their relation to Nebraska, and that may
not here be given. It is the attempt of a number of the Poncas
to return to their native place, known in law as the Ponca Habeas
(Jorpus Case.

This very small and insignificant tribe of Indians has cost the
government of the United States, in appropriations, about |1,280,-
©00. Its members are perhaps no happier to-day than they were
100 years ago, and much of the time during which the United
l^tates has acted as their guardian, the Poncas liave been in ac-
^mil distress.

If a small tribe costs a million and a quarter, what does a large
tribe cost? A single instance will suffice to show how it some-
times costs. In 1877, the same law which set apart |15,000 for
removal of the Poncas, appropriated outright, in one lump sum,
11,125,000 "for subsistence, [for the Sioux] including the Yank-
ton Sioux, * * * and for other purposes of their civiliza-
tion." The same act also appropriates, besides tliis, in several

THE POXCAS. *J;)

small sums, |41!>,()()0. The j^overiniu'iit had to be more liberal in
dealiu}:- with the Sicmx, for they were crafty fellows.

Where two venerations ajjo the I'onea chiefs led their warriors
ill rile chase, and where later these tried as best they could to
learn the wliit(> man's ways and endured untold hardships to
keep unbroken the word of promise which they held sacred, white
farmers now follow the ])low. unconscious of the pitiful story
act(Ml out upon that soil.

XK15KASKA STATE HISTORICAL SOCIKTY,

A BRIEF .SKP:T(;H of the life of captain 1*. S. REAL.

Read before the State Historical Society, January 14, 18'.t(i, \>\ Fating- William
Murphy, of Seward.

(Captain Patrick Saisticld Kcal, by biitli an Irishman, carholic
in religion, in political affiliations ropubliian, at the age of six-
teen, immigrated in 1851, with his jyarcnts to Peoria c-<^^unty, Illi-
nois. The months of the year not occupied with the labors of the
farm he spent in assiduous application to the studies aftorded
him in our public schools at that time, and thereby developed and
rendered more perfect the qualities of a mind which nature had
already made more than ordinarily strong. -By the training thus
received, a training admirably calculated to mature and in-
vigorate the qualities of mind, heart, and body, for the reason
that the influences of home and the school and the farm com-
bined, like so many potent forces, in exerting all their power at
the same time on the same individual at the formative penod of
life, he became w^ell fitted for the duties which patriotism after-
wards called upon him to perform in that great contest which
was forever to decide whether free institutions were to continue
to exist, or be forever supplanted by the political serfdom which
before the declaration of independence had claimed that man
was made for the government, and not government for the man.

About the time the first shot was fired on the flag at Fort
Sumter, Captain Real was detained by sickness in a hosjiital
in the city of New Orleans, Louisiana. One day, feeling better
than usual, he took a short walk to a neighboring park, where,
sitting in the midst of a group of men, he listened for a short time
with feelings of growing indignation to their intemperate and dis-
loyal conversation. At length, with that calm, determined, reso-
lute manner charaeteristic of him, he interrupted the conversa-
tion by declaring that the Union had a claim on his loyalty, not
only because he had sworn to defend it, but also because it was

J.IFK OF CAPTArX 1'. S. HEAL. 2/

tlu' best goverumeut on earth, and i)ossessed, moreover', the ab-
solute aft'eetious of his heart. He called upon those present to
point out a single wrong ever done to any citizen by that govern-
ment. Such language seems simple and easy in 1896, but in 1861,
in the city of New Orleans, alone and far from loyal citizens, it
i'e(iuired something of the heroic to give utterance to it. Having
been immediately informed that a hmger residence in that city
\\ould endanger his safety, he set out in a day or two for St.
Louis, where, responding to the first call of Abraham Lincoln
in 1861, he enlisted as a private in conii)any E, Seventh regiment
of Missouri volunteers, from which he was transferred one year
later to company K, Ninetieth regiment of Illinois volunteers.

Right here he again manifested one of his remarkable charac-
teristics. His soldierly and civic virtues attracted to him the
attention of his comrades, and won their confidence to such an
extent that in the election of officers he was chosen captain, to
the exclusion of him who had enlisted and formed the company.
While Mr, Real ardently desired that office on account of the
honor and greater opportunities it gave him of ])erforniing more
effective deeds for his country, he nevertheless refused to accept
it, and informed his comrades that justice and honor required
them to ele€t for their captain him who had labored so patriotic-
ally to enlist the company, and that he himself was determined
for the present not to wield the sword, but to shoulder the mus-
ket. The other was accordingly elected captain, but after a short
experience in the field had to retire, because he wanted those
qualities which alone can win the confidence of men in actual
warfare. Mr. Real was immediately elected to the vacancy and
was distinguished by his soldierly virtues to the end of the war,
in which he participated in twenty-five general engagements,
among which may be menticmed Lookout Mountain, Missionary
Ridge, and all through the Atlanta campaign. To have been a
soldier of that army in such a campaign, familiarly known as
Slw'-rman's march to the sea, to have shared the hardships, to
have overcome the dangers, to have won every battle in obtaining
Ihe objective of a cam])aign so unique in the history of warfare.

I'S NEBRASKA STATE HISTORICAL SOCIETY.

<4tli<'i- ancient or modern, to have followed a commaudei- so dis-
tinguished for extraordinary military genius and success that he
stands out alone in all history, is glorj' enough for any man, how
exalted soever may have been his rank. It is enough for Cap-
tain Real to have ])erformed well the duties that devolved uj on
him as a captain in that magnificent array of wonderful men.
and thus with theirs to have his name written upon the scroll of
immortality.

I ^\•ill now narrate some of those actions which portray a few
of his special characteristics. He took special pleasure in speak-
ing in the highest terms of his commander. General Sherman,
and of the absolute confidence reposed in him by the soldiers.
Nothing, how snmll soever it apparently might be, was beneath
the attention of that general. On one occasion (''ai»tain Real
wished to mail a letter he had written to the young lady who
afterward became his wife. It happened that he inquired of
some soldiers nuirching by about the mail agent. (Jeneral Sher-
man, who had not been noticed, was close by on lior(\sback, and
Ix'aring the ca]>tain's in(|niry. said to him: ''Captain. I will take
<Hiarge of your mail and see that it will be forwarded." It was
by such courtesies and attentions, seemingly small, as well as by
his franscendent abilities, that General Sherman won the hearts
of his soldiers and fused them into one with his own.

Although engaged in the terrible business of waging war, Cap-
tain Real did not deem it necessary to become sullied with any
vices. He looked upon war as the supreme effort of man to ad-
minister Justice. He revered justice as one of the four cardinal
virtues. In the exercise of virtue he could not see why vice
should be contracted. While striking heavy and deadly blows
in the midst of battle, the lips of his heart often invoked the God
of justice and of armies. He fought for pure love of country and
of right, not from hatred of his fellow man in the form of an
enemy. When the battle was ended he extended to his subdued
antagonist the right hand of fellowship and all the sympathies
of the human heart. For him the war was ended with submis-
sion to the supreme law of the land. He was thus in truth a man

I.IFE OK CAPTAIN J'. S, KKAL. J\'

of virtue and of gieat liuiuauity, although he had the grizzly ap-
pearance of that cold, grim determination which was so r^emarka-
ble in that great commander. General (Irant. and which con
cealed beneath it all the gentleness of a little girl and all the
suavity of the most sensitive. It will now be easily admitted
that he would not be afraid to observe the ])recepts of virtue in
any circumstances. To illustrate this I will narrate the follow-
ing fact. In a. battle, the name of which I cannot now recall,
some stimulants were offered to the soldiers of his company just
as they were about to be ordered to make a terrible charge. The
captain reiilied for himself and his men in the following language.
as nearly as I can now remember his words: "We do not need this
artificial bracing u}) of our courage. When we enlisted we knew
Ihat wai- was death. We arc now read,\- lo face death for this
government, but at the same tiuie we want to uwet our (Jod in a
state of sobriety. We will not take these slimulants." That
• harge was made and those soldiers were not defeated.

To me it seems beyond doubt that if Captain Keal had had in
liis y<Hifh the benefit of a scientific and military training he would
liave taken a place in the histoi'y of the war among those generals
who have attained to high distinction. While he was a strict dis-
cil)linarian, as far as the enforcement of discipline belonged to
his rank, his intuition of the characters of men enabled him to
enforce it in ways unknown to men of less intuitive minds. The
following incident will explain this characteristic of him. One
of his n)en was condemned, f(u- sonu' act I do not now recall, but
which from the punishment would seem to have been an act of
cowardice or of desertion, to l)e i>laced with hands tied behind
his back in front of the army in the next battle. Coming on the
field C^aptain Real stepi)ed forward, untied the man's hands, gave
him a musket, and ordering him to look at the flag addressed him
as follows: "Now defend that flag and win back your life and
lionor." The commanding ofticer, observing tlu^ action of tlu^
cai)fain. rode uj) and asked why he had untied that man's hands.
'I'lie captain. <()ol and calm, replied that he required all his men
to i)s<' the musket in battle. The captain often told this incident

30 NEBRASKA STATE HISTORICAL SOCIETY.

to friends and used to say that until the end of the war no truer
or braver soldier ever defended the stars and stripes than was
that man. In severe engagements, when hard pressed, the cap
tain often used a musket and allowed the sword to hang loosely
by his side. He used to say that on such occasions he would feel
the need of something in his hands besides the sword, whicli
seemed more for ornament than for usefulness.

Sinking beneath the surface of the great conflict he often made
an effort to comprehend its causes and grasp its consequences.
The army having on one occasion marched all day in a drenching
lain, bivouacked at nightfall in deep mud. Captain Real hap-
pened to be near a small shed, or rather four erect poles with two '
or three boards on them, beneath which he arranged a couple of
sticks found there, upon which he stretched so as to be out of the
mud. \\ liile the boards overhead shed some of the rain from him.
The lightning was blinding and the thunder like the roaring oC
many battles. In this position he was both unable and unwilling
to sleep, for the reason that he imagined himself to be one of the
happiest of men for possessing such a luxurious lodging. He
passed that night in soliloquizing on what the war meant for the
l^resent and for future generations; soliloquizing on all that was
contained in the idea of home, the cradle of man, of civilization, of
retinement, of morality, of religion; soliloquizing on what part
a government acts in creating, diffusing, perfecting, preserving
all those manifold and ineffable blessings, and just before the
rev(Mlle concluded that to suffer and even to die for a government
that conferred on its citizens more of such blessings than any
other that had ever existed was one of the highest and holiest
of duties, and rose from that luxurious couch, if })Ossible. a more
resolute and determined soldier of the Union.

>Vhih^ he gloried in the army and used to say that nothing in
all history, nothing on earth, equaled the perfection and irresisti-
bility of the volunteer army in defending a government the roots
of which were entwined around every ligament of the heart, while
he still clung to the associations formed and friends made in time
of wai-. nevertheless, like all his comrades, when the final victory

LIFE OF CAPTAIN 1'. S. HEAL. 81

was w<»ii he converted his sword into a plowshare, turned from
the field of blood and carnage to the beautiful undulating prairies
of Nebraska, adorned with every tlower and resonant with the
song of birds. The eyes that had so long feasted on scenes of
destruction were charmed with the peacefulness of this new^
panorama. Having been mustered out of service, he married
Miss Ellen Turcell, of Henry county. Illinois, came to Nebraska
in 1S71. and took a homestead claim in Fillmore county. He
often used to say that he came as far west as the Burlington and
Missouri Kiver railroad could carry him, for it put him off at the
end of its tracks. In Fillmore county he acquired 2,000 acres of
land, and later purchased some in Kansas. Besides utilizing his
lands he engaged in various kinds of business. He built and con-
ducted stores, elevators, hotels, managed lumber and hardware
and imjilement businesses. He was chieHy instrumental in lay-
ing out and building the town of Grafton. Later on in life he
retired from all other business and devoted all his attention to
the management of his lands. He built a beautiful houK- on th<^
edge of the village, replenished it with comforts and attractions
that made his children become- home loving, generously enter-
tained friends and acquaintances, and even strangers ever found
there hospitality and cheerfulness. He led all his children to
desire higher education and furnished to each as he attained the
proiK-r age the means of attaining it. Idleness he never allowed
to enter his home. During vacation he allotted to each certain
employments on the farm and during the rest of the year those
^\ ho were not in college had to labor some morning and evening.
He never cut off from his children the pleasures proper for their
age, but he prevented excess and took cognizance of those per-
mitted. When visited by friends he would often call all the
children around the piano and have them sing w hile one of them
playtMi the accompaniment. He often joined in with them; but
he was not a musician and only supplied the discord. His favor-
ite was "Way Down I^pon the Swaiiee Kibber." Sometimes
when he would like to have the children sing this he would say:
"Wf^ll. call up the colored tronp*'.*" Then the little ones would

32 NEBRASKA STATK HISTORICAI. SOCIETY.

gather aroiiud aud he himself would become a child again with
them. Captain Real's idea of domestic government is worthy
of notice. In the miniature republic of his home there never wa.s
a rebellion, never even a divided government. Neither did he
absorb the whole government in himself, so as to be an absolute
despot. In the management of family affairs neither the chil-
dren nor fiiends w^ere ever witnesses to any differences of opinion
between him and his wife. They always consulted togethei- in
the privacy of their room, agreed upon a course to be pursued, and
in the carrying of it out acted as one. In that domestic republic
no child ever learned the habit of appealing to one parent when
lefused by the other, thus dividing the house against itself. As
the children grew up he gave them an insight into his affairs and
consulted with them. This made them something more than
mere stayers at home, and gave range to their growing energies
and ambitions. He taught them to respect not only ecclesiasti-
cal, but civil holidays also, and how to protit by the sentiment
celebrated.

As to his humanity and charity, Captain Keal gave pr<»ofs of
them on proper occasions. To the poor renter he often supplied a
complete farming outtit and waited for pay until the renter could
spare it from the })roduction of his labor. During the years of
drouth, and hot winds, and hail, and grasshoppers, he furnished
nuiny with necessaries, remitted rents and written obligations
to debtcH's, and to those who fell not into despair, but remained
and ho])ed for a better day. donated seed, accompanied with
words of encouragement. In all such works he never considered
the r('cii)i('nfs political or religions convictions, or ethnic rela-
tions. He was as broad as the brotherhood of man, and did not
exclude even those who had ott'ended him. From this, however,
it must not be inferred that he was a man without fault, for he
was human; but he labored to minimize them and to jirevent
others from suffering from them. One day, sitting and chatting
with comrades of the G. A. K. in front of the postofiice, he said:
''Well, my friends, when you bury me, bury my faults with me.''
One of the comrades remarked in a joking way: "I don't know,

lAVE OI- CAI'TAIN I'. S. RKAL. .'{3

Captain, that would take a. pretty large grave." It can be said of
liiiu that he never brought sorrow to any home, but often dis-
pelled the elouds and made the sun to shine and wiped away the
tears.

When the catholics of that place were building a house of wor-
ship he allowed them to take the lumber from his yards and kept
little, if any, record of it. Kespecting the religious convictions
of his fellow men, he did not refuse them assistance when tliey
wished to build for the same purpose. He laid out and donated
to the catholics a beautiful cemetery about a mile from town.
Eighft beside it he donated a similar (me to the protestants. He
always respected the dead and wished to see their remains hi id
away decently and reverently.

The following incidents will show some of the characteristicii
for which he was noted in ordinary life, and especially his su-
l>reme fearlessness. On one occasion, during those years of crop
failures, a priest came to minister to the people of that county
and was entertained by "Captain Real. On the day when re-
ligious services were held the people, being very much impov-
erished, contributed but very little to meet the priest's expenses.
AVhen about to take his departure Captain Real asked him if he
had I'eceived sutticient to meet expenses at least. He thought-
lessly replied that perhaps he had received enough to get him
"the cigars." In his grim, freezing way the captain said: ''Can
you devote the money spared to you by a religious but impover-
ished people to such needless purposes?" The rebuke was severe,
but well timed and proper. It taught a view of Christianity
sometimes forgotten even by ministers of the Lowly Nazarene.

Another time a rector was appointed to that mission who was
in many ways incom]>etent. The ca])tain called u]H»n the bishop
to remonstrate, bul io no purpose. Departing dissatisfied he
said to the bishoj): "^'()^ seem to have sent him there for re^•euue
only." alluding to jxilitical doctrines agitated at that time.

Memorial union servi<-es on the occasion of the death of («en-
eral (Jrant were held in one of the churches. Many speakers,
clei'ical and lay. made addi-esses. and among tlicni Captain Real.

.'')4 XKHlfASKA STATI-: IIISTOUHAI. SOCIKTY.

Almost all pioiu^ely leferied to the cablegram of coudoleuce
sent by England's (iu(^n. It impressed Captain Real that so
much profnsion, amounting to obsequiousness, ill became the dig-
nity of citizens of so great a republic, or the well-known character
of the dead hero. In his turn to speak he arose like the blizzard
from the northwest and pointedly remarked that the bullets
which stretched thousands of his comrades on many bloody bat-
tlefields were moulded by subjects of England's queen. While
such remarks chilled they threw another light on the scene.
Such manners are sometimes called blunt, but they are bluntlv
honest and bluntly iustructive.

Finally, for the last few years of his life he began to be troub-
led severely with infirmities contracted during his army life, from
which he sought relief by spending the winter seasons either in
California or Florida. The last winter of his life he spent in
Eureka Springs, Arkansas. There he continued to decline. Ou
the 10th of May, 1893, he wrote me a letter that he would soon
start for home, and would, on reaching Kansas City, send me a
telegram to meet him at the depot when he would pass througti
my town. From this letter I will quote the following words,
which are worthy, like the Metonic Cycle, to be engraved in let-
ters of gold on pillars of marble: "I am about ready to retire from
the stage. I have tried to do my duty to the best of my ability,
both to my ( iod and to my country. I hope for an eternal reward.
Pray for me that I may not be disappointed and that Clod will
have mercy and compassion on me." I met him at the railway
station at Tecumseh as he passed through it on his way home.
On that occasion, too, he manifested his indomitable will power;
for, though actually dying, he walked out of the passenger coach
to meet me, spoke calmly and deliberately about the end, which,
he said, was at hand. He was accompanied by his wife, ever
faithful and worthy companion. He was anxious to reach his
home that his children might surround his dying couch. A few
days afterward. May i';id. 189:}, with all the members of his family
by his bedside, patiently and meekly bearing his sufferiugs, hav-
ing received the sacraments for the dying, he calmly breathed

I.IKE OF t'Al'TAIX P. S. REAL. 35

Lis la«T. The funeral services, conducted under the auspices of
the (1. A. K.. James Shield s l*ost No. 33, of which he had been
for many years commander, were held in the Catholic church of
Gr-dfton, and his remains, preceded by the flag- he had followed
and upheld on so many battlefields, were borne away by his com-
rades and buried in the cemetery close by the village, there to
await the archangers reveille.

NEBRASKA STATP: HISTORICAL SOC

BELLEVUE. ITS PAST AND PRESENT.

Read before the State Historical Society, January 14, 1896, Ijy J. Q. Goss, of j

Bellevue. ,)

A p(x4 once saug in simple yet touehiiiy, straius that ;

"Little drops of water, ;

Little grains of sand, ^

Make the mighty ocean i

And the beauteous land."

Simple as these Hues are, they contain a tiuism and a principle i

that is fully exemplified in all the business relations, conditions. '
aud operations of life — in the increase of population and the

growth of villages, cities, states, and nations. In the matter of ■

history, it is the little grains thereof, gathered here a little and j

there a little, that go to make up the sum total of nations and of '

peoples. The timely and constant gathering and garnering of ■

those grains by individuals in their respective localities will, in i

the end, render more complete and perfect the accumulated \

Avhole. Nebraska is as yet comparatively in her infancy. The '.

bulk of her history has yet to be written. The foundations of \

that history have been laid, and it devolves upon her citi^^ens of j

this and succeeding generations to coutril)ute both materials and ]

labor toward the building aud completion of a grand and glorious i
hisitorical monument to, of. and for our state, that will be its

pride and glory. |

On the west side of the Missouri river, about ten miles above j
the mouth of the Platte, on a beautiful plateau, there stands a
village that is not altogether unknoMU to history. Small though
it is, it has nevertheless occupied somewhat of a prominent posi-
lion in Nebraska's prehisforic times and in its early history. In
fact, this unostentatious village can, with truth, say. "Before Ne-
braska was, I am." What is somewhat remarkable about it is
that it had a name selected for it long before it came into exist-

HKLI,E\li:— ITS I'AST AND PUESENT. 37

eiu-e. Wliile the stones, bricks, and timbers of ^vlli(•h its bnild-
iugs were composed wtn-e yet in the quarry, the earth, and the
forest, the name by vvhicli it lias since been designated and known
was apiilied to tlie locality and spot on which the village is now-
located. In ISOo a S^paniard named Manuel Lisa, on ascending
the bluff ar this point and viewing the beautiful plateau on which
he stood, with its background of grand sloping hills, before him
the valley of the Missouri, with its turlL)id stream rolling onward
and ever onward to the gulf, and beyond this stream and valley
the picturesque bluffs of Iowa spread out like a vast panorama,
was compelled by the grandeur of the scene to exclaim "Belle-
vue," — a foreign term, which, when translaited into our language,
means "beautiful view." This name was indelibly stamped upon
these beautiful bluffs and plateau and remains there to this day.

The glowing reports of this region by the Lewis and Clarke
expedition in lS()4-() as to the nature of the country, the facilities
here off'ered for intercourse with the Indians for trading pur-
poses, undoubtedly had its influence on the American Fur Com-
pany and induced them to establish an agency at this point and
appoint agents to take care of their interests. This in its turn
had its influence on the establishment of other enterprises — each
tending to the flnal culmination in what is now our village of
Bellevue. In 1823 this company built a large two-story log house
on the bank of the river in which to keep its stores and for the
purposes of barter with the Indians. In this year also th^'
Omaha, Otoe, and Pawnee Indian agency was established at this
point. The trading post was torn down in 1870, and now graces
a barnyard about three miles from Bellevue. As an historical
I'ominiscence it should have been preserved as one of the land-
marks of "ye olden time," but progress has no predilections for
the past, civilization no sympathy with that which apparently
lias biHMi contaminated with the touch of barbarism, only so far
as the same may be utilized for speculative purposes. In 1848
was completed a Misxion Houhv, as it was then called, — to-day
such an institution would undoubtedly be dubbed a college.

But to retrace a little, let us go back to the year 1835. In July

38 NKHKASKA STAT]-, HISTORH'AL SOC'IKTY. ;

of that year 8amiiel 1*. Meii-ill was boru somewhere within the :

limits of what is now Bellevue.* When he was about four yeai*s ^

old his father, who was a missionary to the Indians in the vi- ;

eiu-ity, more especially to the Otoes, died, and was buried on the ;

east side of the Missouri i-iver, near a sawmill, probably about ^

half way betwei'n Bellevue and (Council Bluffs. This 8amuel •

P. Men-ill came from the wist a few yeai's ago for the jnirpose of j

endeavoring to find the location of his father's grave, but his \

efforts in that direction were futile. Whih- at liellevue he was '

the guest of the writer of this article and relat<'d many little '.

incidents of the latter part of his early life in Nebraska, some of <

which were indelibly imj)ressed on his memory. He remembered ',
esjwMyiall}^ the period of leaving Nebraska on the steamboat and

the trip to the far east to the old home of his mother. Every j

day of that trip seemed to open to his youthful mind scenes more i

bright and fascinating, and when, a day or two after arriving at j

the old homestead, he went to play with some of the children ;

there, he was so enraptured that he rushed into the house ex- J

claiming, "O, Mamma! Ain't we in heaven?" — his <uily play '

mates theretofore having been papooses. While at my house i
he exhibited to me a contract, which was executed in duplicate,

between John Dougherty, Indian agent, on behalf of the United ^

States, and Moses Merrill — a copy of which I here submit. It i

speaks for itself as to its object, date, etc. I endeavored to pro- .|

cure the original for this society, but failed, as it was too highly i

valued and prized by the Merrill family. ■

COPY. \

''Article of agreement, made and concluded at Bellevue the 1st
day of April, 1835, by and between John Dougherty, Indian
agent, of the first part, and Moses Merrill of the second part, wit-
nesseth :

''Firs/— That said Moses Merrill of the 2nd f^^a^, for and in con-
sideration of the covenants and agreements hereinafter stipu- |
lated, promises and agrees by these presents to perform the

♦July 13. 1835. Mr. Merrill still live.s at Rochester, N. Y., oue of the very old-
est living Nebraska-born whites.

BELI.EVrE ITS PAST AM) I'KKSKNT. -i-f

(liiti«'s of Sclioolmaister for the youth of both sexes of the (Jttoe
iiiul Missouri tribes of Indmns (lilip:ently and faithfully, and to
transmit, previous to the 20th of October of each year during
the i>ei-io<l he shall be sc) employed, a detailed re|>oi-t of the nam-
ber of pupils under his instruction, their ages, sexes, studies and
I»rogress, accompanied by an account, with vouchers for the ex-
penditure of the moneys receivc^d Ity him from the government.

''f^ecand — And that the said John D<mgherty of the first irart,
i'nv and in behalf of the United States, guarantees to the said
]\Ioses Merrill, of the second part, as a full compensation for his
services the sum of |500 pr annum, commencing this day and
date, to be paid quarter yearly, or as funds may be on hand for
that purpose, by one of the military disbursing agents of the De-
partment, with the vSt. Louis Superintendency, on the certificate
as rtHjuested of the agent or sub-agent, setting forth the due per-
formance of the first article of this agreement. It is mutually
agreed upon, that the right is reserved to the agent to dismiss the
party of the first part for disobedience of orders, intempei-ance.
or lack of diligence in the discharge of his duties, and that the
l>arty shall have no claim to com|»ensation after the perifxl of
such dismissal.

*'In testimony whereof the parts have hereunto affixed their
hands and seals the day and year first above written.

"John Dougherty. A(/<nt. [seai,.]
"Moses Merrill. [seal.]

"H. Dougherty, Witness."

The above agreement was probably made for a three-fold pur-
pose: First, with a view of assisting the missionary in a pecuni-
ary numner; second, of giving him governmental authority and
support; and third, to benefit the Indians in an educaticuial jKfint
of view. The interest of Nebraska in educational matters was
disj)layed even at this early day, and has been fully kept alivf^
to the present.

That this place was quite a favorite place of resort and of resi-
dence with the Indians is clearly demonstrated, both by tradi-
tionts current among the Omalms, Pawnees. Otoes, and oth«Ms

40 XKBRASKA STATi; M IS lOI! ICAJ. SOC'IKTY.

even to this day, and also by the evidences of warfare, burial, etc.,
which suironnd us on every hand. In excavations made for cel-
lars and other purposes the bones of those aboriginal settlers
and trinkets of various kinds that were buried with them are
often found. The hi.uhest points of the bluffs and of the sur-
rounding hills were selected by the Indians as bui-ial places for
their dead. One of the highest of these points is one which in
all the past years has Ixhmi known as "Elk Hill."" At the top of
this hill, about two hundicd and twenty feet above the level of
the Missouri river, in the year 1840 was buried "Big Elk," a
prominent chief of the Omahas. since which the hill has always
been known as "Elk Hill." A few years since the Presbyterians
built a college on this hill and are trying to change the name to
"College H ill."" The ( )niahas, for years after the white settlement
here, came yearly to visit the spot where lay the mortal remains
of their loved chief. On their behalf and in the name of the pio-
neers and founders of Hellevue, I here enter a solemn protest
against the change in name of that ancient landmark. The grave
of Logan F'ontanelle, another of their loved and honored chiefs,
is in the northern part of the village, as is also their former coun-
cil chamlxM- — a larg(^ excavation in tke bluffs, with an entrance
which has undoulitedly been tilled up, as it cannot, or at least
has not so far, been found by the whites who have sought it.

In the southern part of the village there exist to this day traces
of what might be termed a fortification or breastwork — a ridge
of earth, evidently Thrown up for purposes of offense and defense.
This ridge is very regular in shape, excepting on the east side,
where it follows the conformation of the bluffs. Its outlines are
of an oval character — longer from north to south, or, owing to
the conformation of the bluffs, they may probably be more cor-
rectly described as two o\als joined. The distance around the
outside is about 1,250 feet, its longest diameter about 490 feet,
or dividing the figure into the two ovals the long diameter of
each would be about :>5() feet. On the land side, or rather the
side farthest from the bluff's, are two wings or bastions, one each
at what might be termed the northwest and sotithwest points of

BELLEVUE ITS PAST AND PRESENT. 41

the oval. On the farm of the Hon. B. E. Stoufler, and about one
hundred rods southwest of this earthwork, at a time prior to the
settlement of this region by the whites, was fought a battle be-
tween the Osage tribe and the Omahas. About two years since,
Mr. Stouffer, in excavating for cellar, drains, etc., for a new house
which he was erecting, unearthed quite a number of skeletons,
which had evidently been thrown into a trench or gully and cov-
ered with earth. About fifty or sixty were so unearthed — the ex-
act number could not be definitely determined — with evidences of
a great many others being left unmolested. A short distance from
this spot was found the remains of a lone Indian who evidently
had received more decent interment, a^the skeleton was in a
sitting posture, surrounded by numerous trinkets. Among these
trinkets was a flat piece of cedar wood, about three inches wide,
eight inches long, three-eighths to one-half inch thick, and in a
good state of preservation, with a piece of glass attached thereto,
or lying on it in such a manner as to indicate that it had been
so attached. There is a legend that the tribe long years ago,
on leaving the hunting grounds they formerly occupied, cut down
a cedar tree which had been held by them as sacred, separated
it into pieces, and distributed these among the members of the
tribe. May not the piece here brought to light have been a i)art
of that tree?

In those early days, no doubt, many amusing incidents trans-
pired, a record of which would make very interesting reading at
the present day, but no trace of them can be found save in the
memories of the actors in the scenes, and they are fast passing
away. It is often said that society is now fast becoming graded,
and that the grade depends on the quantity of the bank stock
owned. Comparisons are made between the then and the now
of social equality, with the scale turning much in favor of the
then. This is to a. great extent true, yet caste did sometimes creep
into the society of those days. The writer has in his mind's eye a
hotel in Bellevue of that ancient time, where travelers and quite
a number of citizens sat down on either side of a long table three
times a day to satisfy the wants of the inner man. The current
4

42 NEBRASKA STATP: HISTORICAL SOCIETY.

report was that at the head of the table the sugar was quite
white, about like the highest grade of Oxnaird's celebrated beet
extract, but that at the other end of the table its whiteness had
disappeared. It may be pertinent here to remark that the same
set of boarders always occupied the upper end of the table.
Among the early settlers it was not considered an unpardonable
sin for a man to indulge in the use of ardent spirits. 1 do not
believe, however, that the use was indulged in so universally and
to such an extent as it is at the present day. The ardent used
was not alicai/.'^ of the combative kind. Wit and wine were oft(ni
compounded and sometimes confounded. In the fall of 1S59 a
gentleman at the west |nd of Sarpy county was elected a justice
of the peace, and, as there were none in that vicinity who could
administer to him the oath of office, he walked to Bellevue — a
distance of twenty-four miles — to have that oath administered to
him by the county clerk. That functionary was about this tinu'
suffering from an overdose of ague antidote, and lay on his bed
"/jor.s- de combat.'^ The would-be ''Squire" was inexorable, and,
after walking twenty-four miles, would not suffer the sun to set
ere he was made a full-fledged "Joostice av the Pace.'' He was
finally ushered into the presence "av hizzoner," the clerk, where
the following dialogue ensued: "Justice: "Are yez Misther
Bangs?" Clerk: "You bet I am." J.: "My name is William J.
Fogarty. Oi've been elected Joostice av the Pace av Farest City
precinct, an' Oi've come all the way in to be qualified." C. (rising
on his elbow and gazing for a moment): "I k-ken swar you in,
b-but all h — 11 c-couldn't qualify ye."

In the fall of 1855-56, there appeared in Bellevue a suave and
polished gentleman named Kirby, from the "hub of the universe."
He was on an exploring expedition through this western country,
looking for a location to start a |40,000 store. Bellevue suited
him, as did also several of its citizens, who generously donated
of their means (as loans, as a matter of course) to tide him over
until his "ship came in." C. D. Kellar was to be his confidential
clerk. Bangs was to hold some important position, and every

BKLLKVUE ITS PAST AND PRESENT. 43

tiling was progressiug finely, until finally the bubble burst, and
uur expectant citizens became wiser if not better men.

A court-martial was field, tfie culprit was adjudged guilty of
obtaining money under false pretenses, and condemned to receive
forty stripes, but the sentence was afterwards commuted to ban-
ishment to Iowa.

The old log cabins of that day have given way, if not to marble
palaces, to commodious brick and frame buildings, where our
citizens live comfortably, but probably not more happily than did
those pioneers in their cabins of log, plastered with mud. The
worthy president of this society doubtless remembers his IGxlS,
one-room log nuinsion, with its much smaller bedroom addition.
The outward appearance of these rooms was about on a par with
that of the other pioneers, but when we glance into the bedroom
I am afraid our ideas of exact equality will end; for there we be-
hold it papered with bufi'alo robes, purchased for the occupant
by Peter .\. Sarjiy and Stephen Decatur at |2 apiece from the
Indians. T'here was no jwotective tariff on buffalo hides iu
Nebraska at that day, or our honored president would probably
have bought them himself without the aid of middle men.
Probably, while reposing in that comfortable log bedroom, vis-
ions of a comfortable cabinet i)Osition nuiy have unfolded them-
selves to his gaze, or it may be that these were reserved for that
time, on New Year's day, 1850, When in his shirt sleeves, down
near the mouth of Papillion creek, he sat wondering "why people
came west, whethei- others would come in sufficient numbers to
form a village, city, county, and a state." and amid these cogita-
tions starting homeward, leaving a valuable and highly prized
gun behind to take care of itself. But Wau-mush-pa-Shinga took
care of the gun and returned it to its owner, who, whether these
visions then confronted him or not, has since attained that posi-
tion and is now tilling it with honor to himself and the state
h<^ represents.

The establishment of government agency and works connected
therewith, of a missionary station, postoffice, etc., has been told
by others, whose ])apers form a i)art of the records of this so-

44 NEBRASKA STATE HISTORICAL SOCIETY.

ciety. Therefore I will letraiii from commenting thereon. At
the organization of the territory by the Organic Act of May 30,
1854, Bellevue cherished what Charles Dickens in one of his
works has so aptly termed "great expectations.'' A territorial
organization meant the location of a capitol; following this the
expenditure of thousands of dollars, a horde of officials, the busy
hum of business activity, and many other and various et ceteras.
These spread out, like a vast panorama, before the minds of the
few settlers of that day, and each fancied himself, at no distant
period, a governor, judge. United States senator, congressman,
or millionaire — mostly preferring the latter title. But while
these few settlers i^roposed, others disposed, and the result was
that Omaha obtained the capitol, — another illustration of the
inevitable result when cupidity is arrayed against stupidity.
In the fall of 1853, citizens of the vast territory known then aa
Nebraska, but who for convenience lived in Council Bluffs and
other places on the east side of the river, to-wit, Iowa and Mis-
souri, held an election at Bellevue and old Ft. Kearney — which
is now Nebraska City — and elected a prominent lawyer and citi-
zen of Nebraska, to-wit, of the city of Council Bluffs, as their
delegate to congress. It is said that by his importunities with
the committee on territories at Washington he succeeded in
procuring an amendment to the bill that had been already intro-
duced in congress for the organization of the territory, which
amendment provided for the formation of two territories— Kan-
sas and Nebraska — instead of one, as before contemplated, — an
amendment which I deem it was not very difficult to obtain, as it
would provide double the number of paying positions to be filled
by patriotic politicians.

During the summer of 1854, the officials appointed under the
X^rovisions of the Organic Act came to Nebraska, most of them
locating for the time being at Bellevue. Many others came,
some locating in Bellevue, others on lands adjoining, with a
view of making thereof farms, or possibly town lots. • As the
lands were not yet surveyed, trouble often arose over the posses-
sion of those claims and the boundaries thereof. In order to

HELLEVUE ITS PAST AND PRESENT. 45

settle those dilHculties a claim club was orgauized, whose prov-
ince it was to "hear and determine" the rights of parties. From
its decision tlu^re was no appeal. A perusal of the records of
this "Bellevue Settlers' Club"' will disclose the fact that about
12;") jtersous became members thereof, or at least were members
thereof in the fall of 1854. Among the names there registered
we find judges, lawyers, ministers, and other officials, to-wit,
Kev. \Vm. Hamilton, Judge Fenner Ferguson, Gov. M. W. Izard,
C. T. Holloway, KSilas A. Strickland, John M. Thayer, L. B. Kin-
ney, A. W. Trumble, Reuben Lovejoy, Stephen Decatur, and
otheis. In their rules, they claimed the right to hold three hun-
dred and twenty acres of land each against all comers.

The first Masonic lodge organized on the west of the Missouri
river was in the ''Old Trading Post" liere. in March, 18r)4. The
Hon. H. T. (larke was the first person uuule a uuister ^lasou in
the territory. The lodge has since been removed to Onuiha, but
it still bears its old name and number, ^'Nebraska, No. 1." l''or
a few days in 1854 the blighting curse of slavery desecrated our
fair soil, but it found no safe place uiion which to plant its feet
and soon fled to other parts. Judge Edward R. Hardin, ap{ioint(^d
as one of the I'uited States judges for tlu' territory, arrived lu-re
with his *"col(!r('d body servant," — a miid term for "slave," — and
remained here but a short time, wlien lie went to Nebraska (Mty.
What is now Sarpy county was at that tinve a j)art of the county
of Douglas. A strong rivalry existed between Omaha and Relle-
vue as to the location of the c;ii)it()l. This nnlagouisni eiiteied
into the election that fall for uu-nibeis of llie legislature, lu
the lJell(MiU' district the Hon. J. Sterling Morton, Sieidieii Dtn-a-
tur, and Silas A. Strickland wei-e unanimously elected, but tiie
Onuiha interest Avas too j)OWerful and these eiubiyonic law iu;ik-
ers, f(U' reasons of state, were at that time denied the oppoHiiniiy
of feathering out into full-fledged statesmen. Omaha was mii-
l>arently afraid of IJellevne. ;iml I believe iliat I may tiullifull.\
add that this fear had not entirely disapiieared until after ilu
location of the terminus of the rnion l*;icific railwav and the

46 NEBRASKA STATK HISTORICAL SOCIKTY. j

final location and completion of the bridge over the river at that ]

point. I

In 185(), the legislatnre granted a charter in«-or}»orating the j

''City of Bellevue," and nntil 1874 a city government was car- ;

ried on, with its paraphernalia of mayor, aldermen, etc. The |

last election for these officials was in 1874, when S. D. Bangs was |

elected mayor. As his successor was never elected, it may be i

that he is holding down that seat to the present day. For the i

past twelve years Bellevue, as an incorporation, has been acting ;

under the state law for the government of "cities of the second >

class and villages," and its municipal affairs are managed and ■

directed by a board of five trustees, elected annually. Its plat ■

is the same as that of the former city, as it was oiriginally sur- ■

veyed and platted by Hamilton and Schimousky — the latter be- i

ing an exile from Poland, an excellent surveyor, and an exi)ert ■

draughtsman. Both of these died some years since. In the ;

same year — 185G — a large log building was erected for hotel j

]iuii)Oses and stands alone in the line of buildings erected for .';

that specific purpose. It was destroyed by fire in 1858. It was ■

named the "Benton House," in honor of Thomas H. Benton, l

J I'., a nephew of Thomas H. Benton of senatorial fame. The |

"Register", "of this hotel is in the public library at Omaha, and j

this connection I may add that I believe that the old dc^sk \

used by D. E. Beed, the first postmaster, is at the Blackbird mis- i

sion. The legitimate home for both these articles is in the ar- ■

chives of the State Historical Society, and I would suggest that \

negotiations should at once be opened to secure them for that I

]»urpose. At the organization of the county of Sarpy, in 1857, [

Bellevue was designated as the county seat, and so remained \

until New Year's day, 187(5, when in obedience to the mandate ;

of the [)eople the county seat was removed to Papillion. In 188*> |

tlie Presbyterians located a. college at Bellevue, the Hon. H. T. !

Clarke having made a donation of 240 acres of land for that pur- |

pose, and has since erected thereon a commodious brick edifice i

for college purposes. The building is known as Clarke Hall. ■

Just outside of the village limits the Ignited States government i

BELI.EVUE ITS PAST AND PRESENT. 47

has locuted what is known as Fort Crook, and erected there a
large number of fine, substantial, and commodious buildings,
expended a vast amount of money, and when fully completed
and equipped will here have one of the best forts in the United
States.

Many other incidents might have been added, but this paper
has already been extended to too great a length. Yet I will here
reit(M'ate my former statement, tliat the history of Bellevue,
when fully w^ritten and understood will stand out prominently
in the history of Nebraska. Permit me, in closing, to briefly
state a few of its prominent features.

Here the American Fur Company early established an impor-
tant trading post.

Here was erected the first building on Nebraska soil-
Here w^as organized the first Masonic lodge.

Here the first white child born on Nebraska soil first beheld
the light of day.

The first native born Nebraskan that represented any ])ortion
of Nebraska in our state senate was born here — Hon. Harry F.
Clarke.

Here was held the first ttnichers' institute organized west of
the Missouri river.

I here acknowledge valuable hints from Hon. J. Sterling Mor-
ton. Hon. B. R. Stouffer, Mr. Henry Fontanelle, Mrs. l^ouis Neals.
and Miss M. E. Hamilton.

NEBHASKA STATE HISTORICAL SOCIETY.

EDWARD MORIN.

Read before the State Historical Society, January 14, 1896, by I. A. Fort.

Edward Morin was boru in Montreal, Canada, on the 28tb day
of September, 1818, of Freneb-Oanadian parentage. In the year
1835 be left the city of bis birth, and following the course of the
setting sun moved westward. The spring of 1836 found him
on bis way southward to the leading metropolis of the south,
New Orleans. Remaining a few months in this city, he took
passage on the Mississippi river packet United States for St.
Louis. Here be remained a few momtbs, making the acquaint-
ance of the French-American residents of that city. While
here be decided to enter the employ of the American Fur Com-
pany as a voyageur. The work to be performed was that of a
packer, carrier, and boatman, conveying the articles sold to the
different trading points that had been established by the com-
pany and bringing back in return the articles thiat they bad ob-
tained from these stations to one of the central trading posts on
the Missouri river. The goods obtained were principally robes
and furs. These were afterwards, when sufficient quantities had
been collected, j)acked away in Mackinaw boats that the com-
pany had constructed, and then a fleet was made u]) and the
boats were floated down to St. Louis, or sometimes a steamboat
would take them down. The princi])al points where this com-
pixiiy carried on their business were at Fort Pierre, Fort Union at
the mouth of the Yellowstone, and one with Mandans, or old
Fort Lookout, Fort Benton being one of the highest points on
the Missouri river where their posts were established. The
Indians that he traded with were the l*oncas, Omahas, Pawnees,
Sioux, Mandans, Cbeyennes, Black Feet, and Crows. In that
early day the different tribes carried on a war with one another.
All the Indians with whom he came in contact were possessed

EDWARD MORIN. 49

of a liberal quantity of firearms, although, as to-day, they car-
ried their bows and arrows. One of the staple articles that was
traded to the Indians was packages of strap or hoop iron.
These were exchanged for furs and meat. From these bundles
of strap iron the Indians fashioned their lances and arrow heads.
The fur company supplied them with firearms, mostly flint-lock,
smooth-bore guns. These they continued to use until the advent
of the breach-loaders. The company also furnished the Indians
with swords that the company obtained from the sale of aban-
doned military equipments sold by the United States and other
nations. Among the other staple articles handled by the com-
pany and exchanged with the Indians were sugar, molasses,
flour, tea, coffee, hominy, and anything that the Indians in their
contact with the whites had learned to want. Powder, lead,
flints, and knives were in great demand.

The first buffaloes sighted by Mr. Morin, in 1836, were seen on
about what is now the site of Sioux City, as he, with other voy-
ageurs, worked his way further up the river. The number of buf-
faloes increased on either bank. Many bands were seen on this
voyage up. Numbers were crossing the river and many were
shot from the boat.

Mr. Morin continued in the employ of the American Fur Com-
pany five years, also with Rabbit & Cotton six years, and with
Harvey, Premo & Co. about the same time. Altogether he was
engaged in working and trading for these three companies about
seA'enteen years. At that time no whites were in the trans-Mis-
souri country except those engaged in the fur business. No per-
manent settlements were found except along the Missouri river.
He remembers that about 1850 a few whites commenced to settle
along the Missouri. Back from the i-iver the country was inhab-
ited solely by Indians. Bands of hardy trappeis and traders were
continually coming in and trading with the comjKiny. On the ar-
rival of any of these bands at the post the agents made them an
offer on their loads and if a trade was closed the trappers re-
ceived an order or check on (iieir priiici])al house in St Loiiis.
This order was good at aii\- ef ilie company stores. Money was

50 NEBRASKA STATE HISTOKICAJ, SOCIETY. j

also obtained on these orders. The principal nationalities who ■!
were engaged in this work were French-Oanadians and Ameri-
cans. The trappers were called free men, as they worked entirely i
free of any control, and what they earned was their own. Mr. ,
Morin remembers the Mandan Indians, who., he states, were tall, (
l)owerful-bnilt Indians, with blue eyes, and some of them had fair '
hair. These, he stat(^s, were considered the bravest Indians of \
the plains. History records their almost entire destruction by
that dread disease, the small-pox. ']

In 1844 Mr. Morin crossed over the Rocky mountains to the

Pacific coast under the guidance of Jim Bridger, from whom ;

Fort Bridger, Wyoming, was afterwards named. On this trip the j

party had several fights with the Indians. One man, by the |

name of Lambert, was dangerously wounded on this trip. The :

first white man's residence that they reached, in what is now the ^

state of California, was Sutter's Fort, where gold was first dis- ■

covered in 1849. Mr. Sutter had a grist mill at that time, run by ;

water power. Here the wounded trapper, Lambert, had the In- |

dian arrow extracted from his back by a Dr. White. The follow- ^

ing year, 1845, Mr. Morin returned to the Missouri river. On this ;

trip, going and returning, the only white resident seen was at [

Fort Bridger, on Green river, Wyoming. The counti^y was inhab- ■

ited only by Indians. When he first crossi^d the continent to Call- :

fornia, buffalo, antelope, deer, and other game were more plenti- j

ful than domestic animals are to-day. West of Green river, no i

buffalo were seen, although deer and antelope were })lentiful. \

During these seventeen years when in the employ of these com- i

panics, he was often in great danger from hostile bands of In- ;

dians, who, while not engaged in war upon the w^hites directly, '

were on raiding or war excursions to attack some other bands !

or tribes of the plains or mountains. Mr. Morin bears on his ;

person the marks of two arrow wounds, one on his side, and one j

on his knee. Mr. Morin, although seventy-eight years of age, is j

still active and vigorous. He is now residing at the home of one I

of his daughters, Mrs Fillion, of North Platte, Nebraska. Mr. j

Morin credits his good health and vigor at his advanced age to i

KDWARI) MORIN. 51

the fact that he never dissipated nor engaged in the carouses
common to the men of the frontier in those early days. In 1848
he married Miss Valentine Peters, of St. Louis. Miss Peters'
father was a steamboat pilot on the Mississippi river. Eight
children are the result of this union. All are alive to-day. In
1853 Mr. Morin established a trading post at the mouth of Box
Elder canyon. This canyon is about two miles west of where
Foirt McI*herson. Nebraska, was afterwards located. A few
years after this he built a very commodious and substantial trad-
ing ranch and post at the mouth of w^hat is now known as
Morin's Canyon. This ranch he occupied until 1868, when on the
decline of travel he built a small house, or ranch, near the old
Jack Morrow ranch, where for a short time he resided. He after-
wards built and lived in a house five miles west of the fort.
From 1802 until 1872 he was in the employ of the government as
Indian interpreter.

Mr. Morin lost his wife on the 28ih day of August, 1875, by the
accidental discharge of a gun. AVhile she was journeying along
the road on a trip to gather wild grapes an emigrant, in pulling
his gun from his wagon, accidentally discharged the same, the
contents striking Mrs. Morin in the breast. From this death
occurred the next day.

Of some of the Indian tribes he remembers that the Mandans
and Rees cultivated the ground, raised corn, pumpkins, and a
few other vegetables. The Sioux were always at war with all
other tribes.

Mr. Morin's father first insjnred him with a desire to visit the
mountains and plains of the west, as he had been a fur trader
and trapper on Lake Superior before those waters became a i)art
of the American possession.

During the first twenty years of his life on the plains Mr.
Morin lived quite a good proportion of his time in the camps of
the Indians with whom he traded. He was always welcom<»,
and when in their camps was always well treated. In those
<arly days the only danger to the whites was from maurauding
bands that w^ere engaged in plundering opposing tribes or from

52 NEBRASKA STATE HISTOKICAL SOCIETY. '.

some Indian outlaw who desired to acquire his property without ;
trading or recompense. 1

Mr, Morin states that there are as many variations of character \
among the Indians as among the whites; the good and the bad, !
the lazy and the thrifty, the improvident and reckless, the intel- ;
ligent and the imbeciles, the industrious and the careless, somt ;
who have a natural inclination to acquire property and some j
who are always in want and distress. '

For nearly twenty-eight years the writer has been acquainted !
with Mr. Morin and his family. He remembers seeing Mr. Morin '
engaged in trading with the Sioux and other Indians who twenty- i
five years ago would often pass through North Platte on their \
trips north and south. Mr. Morin is to-day in all probability one ^
of the oldest pioneers of the plains now living. He, as a man, ;
never aspired to become a scout or Indian fighter. ]

The writer remembers that the statement w'as general that in i
early days, before the whites were numerous, Mr. Morin was ;
one of the members of the Ponca Indian tribe, and whether he j
was a. married member of that tribe or not the writer does not ,
know, but it was a fashion in those early days for traders to take '■
to themselves Indian wives. ^A'hether he adopted this plan of ^
one of the prohibition candidates for president who hailed from ■
California he does not know or care to know\ Mr. Morin was a j
fair business man, as he could buy and sell in a way that showed 1
that if he had been trained for a mercantile life he would have '\
made a good merchant or salesman. \

Despite Mr. Morin's years and the terrible hardships he has i
undergone, lie walks the streets of our city with quick, active j
steps and indicates that he has many years of life yet before •
him. His mind and recollections are yet clear and strong, i
When he passes away he will be the last of that hardy band of ,
early pioneers who have seen the trans-Missouri country become :
converted from a barren and savage wilderness into a land of ;
civilization and of homes. i

TRAVKLS IN NEBRASKA IN 1866.

TRAVELS IN NEBRASKA IN 1866.

Diary kept by J. P. Dunlap, of Dwight, Nebr., and read by him before the State
Historical Society January 15, 1896.

On tlie eighth day of June, 1866, we had come eight miles,
across a hilly prairie without any road, and were camped for
dinner near the south line of Nebraska. There was plenty of
good water and grass, but no timber. The party consisted of
two surveying parties from Leavenworth, Kansas. The one
that 1 was with consisted of fourteen men under Henry H. Hack-
bush, and two wagons loaded with outfits and provisions, drawn
by two yoke of oxen to each wagon. We were going to survey
into sections Buffalo and Hall counties. The other party was
to keep with us until we crossed the Platte river. After noon
we came ten miles to a little settlement called Pawnee City, that
being the name of a postoflfice there. It looked as if they were
going to build a village. We liked the looks of the country much
better. There were good water, some timber, and an abundance
of wild strawberries where we camped for the night.

June y. We traveled twenty-five miles to-day without a road,
nothing happening worthy of note. We camped for the night on
Yankee creek. Plenty of good water and wood.

June 10. Sunday. Tliis rainy morning we staj'ed in camp
until noon. After noon we ti-aveled ten miles, passing two set-
tlers" cabins. We camped for the night near a small creek,
where there was plenty of water and wood.

June 11. A rainy day. We all took a hunt, found and killed
a wild cat near our camp. We hitched up at four o'clock p. m.,
traveled four miles, broke a wagon tongue, and camped.

June 12. We fixed the wagon tongue in the forenoon. In the
afternoon we came twelve miles, passing a few farms. After
killing a big rattlesnake, got rained on, and camped.

June 13. Got out of sight of timber. (Jot in a wagon road,

64 NEBRASKA STATE HISTORICAI, SOCIETY. i

came twenty miles and camped for tlie night within five miles j

of ^alt creek. j

June 14. Passed Salt Creek crossing. There was a house |

near the crossing. We followed down the valley to the north. ,i

There were a. few settlers along the creek. Camped for dinner j

near the creek. After noon passed Lancaster, seat of Lancaster 1

county. The town consists of one small store, two dwellinij; ,

houses, and a blacksmith shop. This is now Lincoln. Passed i

the Salt basin. We saw where they had l>een making salt. ;

Camped for the night near the salt basin and one mile from Salt |

Creek. We are told that it is twenty miles to where we will find ■

wood and water again. Plenty of wild grass everywhere. We ,,

filled a keg with water, wet the keg, and laid it out in the grass j

and left it there until morning to take with us. The water was j

much colder next morning than wiien we dipped it from Ihe \
branch.

June 15. We saw the first antelope. We found that it was ]

full twenty miles to wood and water. xVfter traveling about ■

twenty-five miles we camped on a small creek called Oak creek, ■

near a trapper's cabin. He had two elk calves in a pen and a \

small cabin about half full of skins of wild animals, of differcnr '■

kinds. We shot our first elk near here. i

June 1(>. We built a bridge so as to cross the creek, 'i'li^^ i
timber is about twenty rods wide. We traveled eight miles and
camped for dinner on the prairie near where Dwight is now.

One of our party found a i)rairic hen's nest and we had eggs for *

dinner. The cook is known by the name of Michigan, that being i

the state that he is from. The kettles, exce])t for bread, are j

made of sheet iron. Our coffee is quite black from the etfecl.s <

of the kettle. Tliey answer well for other victuals. Bread is •

baked in thick iron skillets with legs. Cups and plates are mad^^ '

of tin. Every one furnishes his own knife, and fingers take the j

place of forks. The fire is built in a hole in the ground, dug for i

the purpose. After noon we saw a small ])arty of Indians. -

They were on the ground when first seen, but soon got on theii- j

ponies and rode away towards the west. We came to the o\>i ]

TRAVKLS IN NEBRASKA liS' 1 866. 55

California Road and followed it about five miles to the I'lattH-
mouth Road. There is a house where they keep travelers over
night. It is called a ranch. The ranchman's name is David
Reed. He had just killed an antelope. There are plenty of wild
strawberries here. We camp for the night near the ranch.

fJune 17. Sunday. The morning is very cold for the season.
We were none too warm by the camp-fire with our overcoats on.
We traveled sixteen miles and camped for noon at Shinns' Ferry
on l*latte river. Weather quite warm. Big change since morn-
ing. The boat is run by David Gardner and Dennis Hookstra.
The boat is a flat bottom and will carry one wagon at a time.
The river is about eighty rods \yide. They have a large cable
rope stretched across the river and tied at one end to a tree
and the other end to a stout post set in the ground for the pur-
pose. In each end of the boat is rope and windlass, with the
ends of tlu* rope attached to pulleys on the large cable rope. The
water in the river is swift, and when they want to go to the north
they turn the north end up toward the cable and lower the south
end. The force of the water forces the boat across the stream
to near the shore and then with poles they shove it to the shore.
When they want to go back to the south, they wind up the wind-
lass to raise the south end and lower the north end, and the force
of the water forces the boat back to the other shore.

.After crossing the main channel of the river on the boat, we
were fording a narrow <hannel about two hundred feet wide,
when one wagon loaded with flour in sacks got stuck in the
quicksand about half way across. In our hurry to unload wc
carried the flour to the bank from whicji we came and did not
notice that we were just as near the other bank until we had
most of the flour unloaded. When we got the wagon out w*-
had to wade the chanm^l and carry the Hour over on our slioul
ders. We thought that did pretty well for a set of engineers.
After going one mile we camped for tlu^ night. Vtn-y littU^ wood
land, very sandy, and great numb(M-s of nuvsquifoi's. They
made the oxen roar with ])ain. W'c ]>rotected ourselves with
thick clothing and fmilt smokes for the cattle and ourselves.

66 NEBRASKA STATE HISTORICAL SOCIETY.

The cattle would stand near the fires and -hold their heads in the
smoke.

June 18. We came eighteen miles and camped for the noou
on Loup river at Columbus, where the wagon road from Omaha
to the mountains crosses that stream on a pontoon bridge. A
great number of freight teams crosses here. The Union Pacific
railroad also crosses here. The track was laid through here a
few days ago. Perhaps there are thirty or forty houses all told.
There is neither a white woman nor a white child in sight. Hun-
dreds of Indians of both sexes and all ages, some nearly naked
and striped with paint, and carrying war clubs, others with bows
and arrows, others rolled in buffalo robes and lounging about.
We saw one old Indian beat his squaw because she let the ponies
get away. She put her blanket over her head and went around
making a blubbering cry for fifteen or twenty minutes, and then
was as quiet as the rest. She was herding the ponies on the
wild grass when they started to play and run past her and ran
perhajjs one mile down the valley, and went to grazing again.
They were still in plain sight from where we were. We will get
our turn to cross the river soon after noon. We have to take
our turn in rotation.

We did not get across until nearly four o'clock r. m. The
bridge is made by laying it on flat boats stood side by side. The
boats are fastened to a big cable rope and the rope tied to posts
on each bank. An Indian skull decorates the top of one of the
posts. We came two miles and camped for the night.

June 19. We traveled along the Platte Eiver valley. It is
level and sparsely settled. The houses are mostly of either logs
or sods aind covered with dirt. There are many hands at work
building the IT. P. railroad. They are making about three miles
per day. There are also many Indians. They are of a friendly
tribe called Pawnees. They live by their aid from the govern-
ment, begging and eating the offals of the railroad camps. We
camped for the night near the laid track of the railroad. Beds
are made in this country by spreading one pair of woolen blan-
kets or a buffalo robe on the ground, and covering with another

TRAVELS IN NEBRASKA IN 1860. 57

pair of blankets. If the ground is wet tliej first spread a rubber
blanket, and if it is raining, they spread another rubber blanket
over the top. The Indians can roll themselves in one buffalo
robe so as to cover their heads and feet too, and lay and sleep in
that manner.

June 20. A cloudy day and the mosquitoes are very bad.

June 21. Camped for noon near the O K store and saw Gen-
eral Curtis' block bouse. It is made of red cedar posts like
railroad ties, but longer. They are set on end in the ground and
project up about ten feet above the ground. It is built in a
square about 300 feet long on each side and each corner is made
with a projection or a small square built the same as the other,
only about fifteen feet square each way. They were joined to-
gether in just such a shape as if the corner had been cut off of
the large square and the two openings set together. These small
squares had port holes so as to give free range of each wall of
the large square. After noon we got to and crossed Wood river
and camped near it for the night.

June 22 and 2.3 was spent in reaching Fort Kearney MU'itary
Reservation and in getting ready to begin the survey.

June 24 we began the survey from the northwest corner of the
reservation to the north, and in a few hours were out of sight
of the line of travel, and here over a dry and sandy country, with
no sign that any white person had ever been here before, with
only the pranks of the wild animals to break the monotony of the
scene, we worked day after day. On the morning of the fourth
of July we fired off our guns, and then the same old routine, but
soon after I got sick and quit the work. The peojjle, though
strangers, were as kind as they could well be under the circum-
stances. It is not a good country to be sick in; but after lying
in a tent for a. long time I got better, but did not make much.
I came back and took a district school near Lancaster, and soon
got stout and ready to try the west again.

>EBRASKA STATE HISTORICAL SOCIETY.

THE COST OF LOCAL GOVERNMENT— THEN AND NOW.

Read at the Annual Meeting, January 15, 1896. Written by Hon. J. Sterling Morton.

The organic act of the territory of Nebraska became law in
May, 1854. A proclamation was issued by Acting Governor
Cuming in December of that year, convening the territorial leg-
islative assembly on the Omaha townsite, in January, 1855.
That session of the territorial legislative assembly was the in-
auguration of local civil government in Nebraska. Counties
were instituted and their boundaries described and established.
All the machinery for neighborhood government was set up
ready for use. Under it each community, as a corporation, en-
tered upon civil life penniless. No county, city, or town cor-
poration came into being as the heir of anything more than the
right to govern itself. The power, however, to levy taxes was
vested in each communal corporation. The county and the
city had each the power to levy taxes only for public purposes.
The savages, whom that small settlement of frontiersmen, as
proprietors, succeeded, had no such thing as legislation or taxa-
tion. They had not emerged from barbarism and tribal rela-
tions. The pioneers had, however, in their own race history
recorded the fact that, while in a barbaric state each individual
for himself had to protect his person, its earnings, and its liberty,
and that civilization began when humanity emerged from its
primitive condition and declared that each person was entitled
to life, liberty, and its own earnings, and that therefore all must
be combined for the defense and preservation of the rights of
each. This was the best aim and duty of civilization. In fact,
up to this date the principal business of civilization and its laws
is to protect, by the power of all, the natural rights of each. To
accomjjlish this, the power to tax has been evolved and vested
in governments.

COST OF LOCAL GOVERNMENT THEN AND NOW. ")9

Taxation in the territory of Nebrasl^a was never oppressive.
To it the United States appropriated each year |20,000, out of
which sum the territorial leg^islative assembly was paid its per
diem and the printing of its journals and its statutes provided
for, together with the postages and mileages and all other inci-
dental expenses of that body. And to show how frugal and eco-
nomical the management of federal linances in Nebraska waa
in those days, it is only necessary to point to the fact that after
thirteen years of territorial existence, with an annual appropria-
tion of the sum named, and without any debts, and all expenses
paid to date, Nebraska territory, in March, 18G7, became a state
of the American Union and had |40,000 of unexpended balances
remaining to her credit in the United States treasury out of that
yearly appropriation, which to-day would be considered quite
insuflBcient to meet the annual expenses of an ordinary board
of county commissioners in one of the smallest eastern counties
of the state. That annual appropriation of |20,000, however,
paid the legislating and printing expenses of a territory which at
that time embraced, for purposes of government and protection,
all that vast area which is now the two Dakotas, Wyoming, and
a part of Colorado. By the census of 1860 the territory con-
tained between 128,000 and 129,000 population. This number
of people was scattered in sparsely settled counties from north
to south and east to west over an area of 75,000 square miles.
Nevertheless, protection to life, liberty, and property was almost
as satisfactory then as it is now. County organizations along
the river were fully as well managed then as they are now. The
counties of Richardson, Nemaha, Otoe, Cass, Sarpy, Douglas,
Washington, IJurt, and Dakota boasted then as reputable boards
of commissioners, as honest and as well qualified and efficient
sheriffs, judges, treasurers, and clerks as they have to-day. In
1865, two years before the admission of the state, taxes in Rich-
ardson county were twelve mills on the dollar. Ten years later,
notwithstanding a promise made everywhere of lower taxes by
the advocates of statehood, in the same county they were sixteen
mills on the dollar. Tn 1885— twentv vears later — thev were

HO NEBRASKA STATE HISTORICAL SOCIETY.

twentj-tive mills on the dollar, and in 1895 were still twenty-four
mills upon the dollar. But the government of Richardson
county is no more satisfactory to-day, as far as the protection of
the life, liberty, and property of its citizens is concerned, than
it was in 1855. when taxes were still lower than in 1865, though
the actual amount of levy for the former year I have been unable
to ascertain.

The average annual taxation from 1865 to 1895 in the county
of Richardson has been 19| mills on a dollar's valuation. Why
is it that a count}' which by nature — taking into consideration
timber, water, and rock for building purposes — is, perhaps, by
far the best county in the whole commonwealth, should have
i hus increased its taxation without materially or perceptibly im-
proving its means of protecting property and citizens?

Nemaha county, on the north of Richardson, likewise on the
Missouri river, began, in 1865, with a taxation of llf mills on the
dollar, ran up to 17|^ mills in 1885, and declined to 15 mills in
1895. But this county has scaled down (in some of its precincts)
vast sums of indebtedness unwisely incurred by the voting of
the public funds to private enterprises, like railroads. This
misuse of the power to tax, which has raised funds out of all
of the people for the purpose of bestowing them upon a few of
the people who have projected and constructed for themselves
railroads and other enterprises, has created for taxpayers in the
state of Nebraska millions of dollars of unlawful and burden-
some indebtedness. The town of Brownville, formerly the
county seat of Nemaha, has, in its career, its life and death, illus-
trated the truth of the statement of Chief Justice Marshall that
''the power to tax is the power to destroy." That thrifty and
attractive little village was originally one of the most prosperous
communities in the whole territory. In fact, it was the first
point whence grain and other farm products were shipped from
Nebraska to an eastern or southern market, via Missouri river
steamboats and St. Louis. But in economic blindness its citi-
zens voted flO,000 for the purpose of paying for grading a rail-
road from Phelps, in the state of Missouri, down to the river

COST i)V LOCAl. (iOVEKNMKNT THEN AND NOW. 61

landing- opposite Biownville. This sum was given in the bonds
of Brown ville precinct, said bonds drawing 10 per cent, interest.
The grade was completed, and while the people were tied to this
debt and for some years regularly paid the interest, there never
were any ties placed upon the grade nor any cars run thereupon,
for the reason that no railroad was ever constructed from Phelps
to Hrownville. During many years the people of Brownville
precinct continued to pay for that folly and fallacy, ''^verthe-
less, even after this lesson, the people of Brownvilk were in-
duced again to vote a large subsidy to the Brownville & Fort
Kearney railroad. This line was graded, tied and ironed for
about nine miles. Over it, with some considerable timidity and
no less difficulty, an engine and a few cars several times care-
fully nuide trips. The bonds were issued, the interest began to
gnaw upon the property of Brownville and to depress the si)irit
of enterprise which had characterized it; and then, to further
illuslrate the fallacy of taxing all for the purpose of raising
money to give to the few who compose a corporation, and to
empliasize its wickedness, the owners of the Brownville ^: Fort
Kearney i-ailroad tore up its tracks and abandoned the ])roject.
Bui they did not abandon the bonds nor relinquish their claim
ui)on the right to use the taxing powder in that precinct for the
l)urj>ose of raising money to meet the coupons as they annually
matured.' The result was that taxes in Brownville ran up to 17
cents on the dollar. Brownville property was undesirable. \o
one demanded it. Its value declined with great velocity. .V
beautiful home, like that of ex-I^nited States Senator Thomas
W. Tipton, consisting of a. })retty, substantial two-stm-y brick
Iious<'. honestly built, well tinished, with all modern conven-
i<'nc<'s, and twelve lots, beauiit'ully located and adorned with
trees, was sold for something h'ss tlian one thousand dulhirs.
The county seal was removed, meicanlile lionscs and banks
(h^serted the townsite. until in sonu' of the best buildings on tli.-
main street bats and owls found their uu)st secluded and com
f(U-table roosting ]>laces. (Jrass grew in streets that had been
resonant with the rumble of farm wagons and brisk with the
trattic of a rich and jtrosperous county.

62 NEBRASKA STATE HISTORICAL SOCIETY.

Browuville is an instance of communal suicide. It destroyed
id^self by tlie mismanagement and extravagance of its local gov-
ernment. From prosperity, thrift, and contentment it was
tiansformed into thriftlessness, discontent, and a corporate
cadaver. The fate of this pioneer business center is recorded
as an admonition to all the new villages in the new counties
of the commonwealth. It shows that an overdose of taxation
is as fatal to corporate health and life as an overdose of mor-
phine is to the individual organism.

Leaving Nemaha county, going northward along the west
bank of the Missouri, we come into the county of Otoe, where,
upon the same half mile square of fertile land the writer hereof
has lived more than forty years. The first tax paid upon that
northeast quarter of section 7, town 8, range 14 east, long known
as Arbor Lodge, was in 1855. It amounted to the sum of |5.
That included county, precinct, and territorial taxes all told.
In 1S65 taxes in Otoe county were 9 mills upon the dollar's valua-
tion. In 1875, 19^ mills. In 1885, 22 mills. In 1895, 28 mills.
And now this same home, adorned with beautiful trees and
flowering shrubs and made valuable by the charm and grace of
association and felicitous recollections, instead of paying five
dollars a year to government for the service of protection, as
it did when the domicile was a log cabin and its grounds were
treeless prairie, must be taxed each year between tM'o hundred
and three hundred dollars.

The cost of that land, when the pre-emptor's title came from
the government, on April 23, 1857, was |1.25 per acre, making an
aggregate of |200 for the quarter section. And now each year
its possessor is compelled to pay more for the cost of local gov-
ernment than the original price of the land. What for? For
the protection of life, liberty, and property? Not altogether.
But to meet the demands of a sometime extravagant and mis
managed county organization. Primarily the county was in-
volved in debt by voting subsidies to railroads — 1150,00() to the
Midland Pacific, with 10 per cent, interest, twenty years to run;
1150,000 more to the Burlington & Missouri River Railroad Com-

COST OF LOCAL GOVEKXMEXT THEN AND NOW. 03

pauy, 8 per cent, interest, with twx'nty years to run; and |40,000
more to the Kansas City, St. Joseph & Missouri River Kailroad
Company.

This voting of subsidies has been always, the writer thinks,
contrary to law construed properly and to justice properly de-
fined. It is guaranteed to the American citizen that neither his
property, his liberty, nor his life shall be taken from him, except
by due process of law. Money is property. Taxes take money
from the citizen, and when it is taken by taxation to be bestowed
in subsidies upon corporations, forcibly by a vote of a majority,
it seems to me plain enough that it is not' taken by due process
of law. If it be lawful to take the property known as money,
in the form of taxes, merely by the sheer force of a majority vote,
what objection can there be to taking liberty or life by the same
power? If it is legal to take one's money by the strength of a
majority vote, without any recognized legal process, is it not
equally constitutional and equally just to likewise so take liberty
and life?

What is a tax? Whether laid for a local, state, or national
government, a tax is simply payment for the service which that
government renders to the citizen. And the service which gov-
ernment was instituted to give is the protection of life, liberty,
and property. Never, in all the ballots which have been cast
in Otoe county for bonds to be used for subsidizing corporations,
has the writer of this paper given any other than a negative vote.
At no time in his life has he for a moment believed that it w^as
either righteous, just, or expedient for a community to burden
itself with debt for the purpose of hastening, before their time,
the building of railroads or any other alleged public improve-
ment for the immediate "booming" of a town or county. This
system of voting subsidies has prevailed in the state of Nebraska
to such an extent as to liavc involved several counties and pre-
cincts in an ind<4)tedness aggregating between ten millions and
twenty millions of dollars. A result of such unwisely incurrred
debts is a tremendous levy upon various precincts, cities, and
counties for ''sinking funds'' with which to meet the annual in-

64 NEBRASKA STATE HISTORICAL SOCIETY.

terest account. And so far as observation goes up to this time,
a sinking fund sufificient to meet bonded obligations upon their
maturity in any city, precinct, or county has never yet been
formed. On the contrary, new bonds are issued when old ones
fall due, and the cancerous taxation is thus perpetuated from
year to year and sinking funds made a chronic, hereditary bur-
den and taint, seemingly, for all time to come.

Aside from subsidy taxes which are common to nearly all the
counties, there are generally extravagant county current ex-
penses. The county of Otoe is eighteen miles wide ^nd thirty-
six miles long, and the annual levy upon its real and personal
property is for the purpose of raising somewhere between $90,000
and 1100,000. The larger sum oftener than the lesser sum is the
tribute wrung during each year from the ])eople and property of
that county, which contains, in round numbers, 400,000 acres of
land. Bridges, road improvements, court expenses, and various
other disbursements are, as a rule, unnecessarily of a recklessly
extravagant character. Under an ancient statute, the County
Agricultural Society draws $500 each year to encourage it more
as a horse show and racing institution than anything else, just
as though all ought to be taxed for the pleasure and amusement
of the few who make u]) the county society and enjoy the races,
the betting, and the excitement thereunto appertaining. Among
abuses in the courts of justice, none is more ])alpable and obvious
than the custom which some judges have of lucratively a]>point-
ing clientless attorneys to defend attorney less criminals, who,
with vaulting alacrity, are so often ready to swear to their own
imi>ecuniosity. The sums sometimes paid the aforesaid callow
pleaders amount to the fees paid in similar cases to the best
lawyers. These fees, fixed by a kind and generous judge, come
out of a popular pocket. It is suggested that each county should
elect and salary a public defender as well as a public prosecutor.
It would prove a cheaper system than the present one, and de-
prive the courts of a baleful patronage.

From an experience as a taxpayer in Otoe county that now
reaches out towards half a century, I must frankly sav that the

COST OF LOCAIi GOVERNMENT THEN AND NOW. 6'^

cost of government in tliat particular county is far more tliau it
ought to be, and that the character of government has not im-
jn-oved proportionally with the increase of its taxation. On
the other hand, conscientiously I aver that from 1855 to 1865 we
had, as a rule, a better and more economical administration of
county affairs than we have had since that date.

Otoe county has, in round numbers, a population of 33,000.
And yet its annual appropriation to meet the demands of its
county commissioners, which hold to it the same relation that
the legislative assembly did to the territory of Nebraska, is some-
thing like 1100,000 ; while the territory of Nebraska's legislative
expenses were annually less than |20,000, and provided legisla-
tion for more than 100,000 jK'ople who seatteringly inhabited
an area of 75,000 square miles.

The excessive cost of local governments and the couseciuent
high rate of taxation which it imposes, repels from sonu' of the
best portions of our commonwealth the highest (^hai-actcM- of
thrifty and intelligent immigralicm and the most desirable cap-
ital and enterprise.

Cass county makes a better showing for inex})ensiv(' local
government than any of the older counties of the territory and
state, as her annual levy has averaged only 1 per cent, from 1865
to 1895, and in the latter year is only a little over 1 cent on the
dollar.

Douglas county has averaged over 14 mills on the dollar dur-
ing (he same thirty years. But Washington t-ounty, which be-
gan with 14| mills in 1865, has now a tax of 123§ mills, and makes
an average of annual taxation for tliirty years of 21.4!)^ mills.

JUirt county began witli 10 mills on the dollar in 1865 and
closes with 14.4 mills in is;)5, making an average of 1L*.2!)4, in-
cluding and between the two dates.

In 1865 Dakota county had a tax of i:'. mills, and in ]8!l5 of 11)
mills on the dollar's valuation, and slntws an annual a\('ragc
during thirty years of 20 1 mills.

Throughout the state, dining the "boom" period, and foi- the
purpose of continuing an .-irlilicial enei-gy of de\('l(M>nient in

66 NEBRASKA STATE HISTORICAL SOCIETY. i

most of the larger cities, the falhicy of making public improve- ^
ments, merely for the alleged purpose of giving employment to ''
the idle, quite largely prevailed. Many big sewers which were ;
unnecessary, and miles of expensive pavements in streets which \
needed no pavement at all, have been levied for, with the !
avowed purpose of raising funds with which to employ idle ;
muscle. It has been deemed a duty of government by a majority t
of the voters in many localities to furnish compensating employ-
ment to all seeking it. Following out this economic fallacy,
those who have been temperate, industrious, self-denying, and
acquisitive have been compelled, by the power to tax, to furnish
the means of livelihood to those who have been largely during
their whole lives intemperate, improvident, and indolent. Paved
streets — vehicleless, trafficless, and almost peopleless — running j
out from Lincoln, from Omaha, and from other metropolitan ]
points towards impossible additions, attest the futility and folly ;
of such expenditures. The transitory and almost vagrant popu- ;
lation in behalf of which such alleged public works were under- j
taken left each one of those towns so soon as the artiticial ]
excitement and unnecessary expenditure of public moneys sub- |
sided, or, by force of depleted exchequers, finally came to an end. :

It is not the business of governments to furnish employment j
to citizens. But it is their business to protect the lives, liberties, ]
and properties of citizens within the areas which they cover, j
Having afforded this protection, they may righteously tax for the j
service thus rendered, and a tax for any other than such a public \
purpose is licensed larceny. '

The question arises now: How shall the good people in the ]
various precincts, cities, and counties of the commonwealth of j
Nebraska hereafter avoid unnecessary extravagance and bur- j
densome taxation in local government? j

This is a very serious problem. It must be answered, there- ]
fore, with careful, thoughtful deliberation. There is one abso- I
lutely certain method of correcting the evil of extravagant ad- j
ministration in local affairs, and that is, to recognize, respect, \
and exalt individual merit and personal worth in selecting public ,

COST OF LOCAL GOVERNMENT THEN AND NOW. 67

servauts. Eulogize good character and denounce bad; choose
for official places only those citizens who are peculiarly qualified,
fitted, and adapted to those places. The best method to accom-
plish the selection of that class of citizens, and thereby put a
premium upon acknowledged ability and clean character, is to
repeal every statute in the state of Nebraska which requires any
officer to give bonds for the faithful performance of his duty or
for the proper care of public funds.

The theory of democratic government is that a majority of the
people are always right, and, therefore, perfectly competent to
govern themselves. In fact, this government is one of com-
mittees. In the county of Lancaster the whole people desire a
treasurer, a sheriff, a county judge, and county commissioners,
together with a county clerk. By a vote of the whole these offi-
cers are selected, as a mere committee, to attend to business
which the people in their primary capacity cannot look after.
To these officers are committed all the functions appertaining
to their respective places. They have been chosen by a majority
of the legal voters. If any one of them is inefficient or dishon-
est, those who elected them should suffer the consequences. The
whole community should be bondsmen for the electees of the
majority. The community should not plead the "baby act," and
after, by a majority of ten to one, having elected A. B. treas-
urer, ask eight, ten, or a dozen good citizens who, by thrift, tem-
perance, industry, and frugality, have acquired competencies, to
come forward and sign a bond by which they shall risk all their
lives' earnings (which, by natural rights, in part belong to their
wives and children) in order to indemnify the community against
loss by its own choice of an officer.

Up to date, the bond-giving system, which is contrary to a
democratic form of government, has resulted, as a rule, in fruit-
less litigation when bondsmen have been sued.

That which is true as to the non-bonding of county and city
officers is likewise true of the bonded state officials in Nebraska.
The state treasurer of this commonwealth is required to give a
bond in the sum of something like a million of dollars. That is

68 NKBRASKA f^TATE HISTORICAL SOCIETY. ,

to saj, two hniidied tlioutsand vot(M-s, haviug- advocated or per-
mitted the election of a citizen to the responsible position of
state treasnrer, then ask that they may be protected from their ]
own selectee and guaranteed that he will not rob those who have ■
chosen him to take care of the ])ublic funds. The best type of i
citizenship is then asked to jeopardize its earnings and the edu- ]
cation and happiness of its households to protect a. majestic!
majority from the possible consequences of its own votes. :;

Events too recent in the state are ample in potency to prove j
the fallacy of the bond-giving system when it comes to state '<
treasurers. It, too, results only in litigation and loss. ;

But let the laws requiring these official bonds be repealed, so i
that neither city, county, nor state officers — whether they handle \
money or perform other duties — can be required to give any
financial guaranty as to their capability, efficiency, or honesty."
When these laws shall have been repealed, who will dare say I
that the republican party, the' democratic party, the populist j
party, or the prohibition party of this state will nominate in I
any city or county a treasurer, or name for a state treasurer, a ]
man whose character for ability as an accountant and for hon- j
esty and sobriety as a citizen is not above and beyond reproach?
The repeal of these laws, which have in practice been almost i
a complete failure, would put a premium upon ability and hon ■
esty in public life. No political organization would dare name j
for public jtlace a man intellectually or morally disqualified for i
the performance of the duties which that position demands, i
There would be no further pleading of the ''baby act" by vast '■
majorities. The whole people would soon understand and fully':
realize that whenever a dishonest or inefficient official was
elected, they themselves were his sureties. The vote of every ;
property holder would then be given after due reflection as to .
the probabilities of the candidate being able to satisfactorily ;
do the work of the office sought. No longer would men be
named for county treasurers simply because small bankers fur-
nished bonds for them, in consideration of their furnishing back ;
the smnll bankers deposits of public funds out of Avhich petty ;

COST OK LOCAL GOVERNMENT THEN AND NOW. 69

raoney-mougeis may, by devious methods, evolve surreptitious
and unlicensed gains.

Until offices are recognized as having been created for public
utility and not exclusively for party purposes, and until salaries
are paid only for services faithfully, honorably, and wisely given
for the common w^eal, these ills, which are grievous to be borne,
will probably remain uncured and become more malignant.

TJntil no bonds are required, extravagance in local govern-
ments can and probably will be continued. Until there be a
premium upon personal integrity and upon fitness and adapta
tion for given positions, rascality and mediocrity may perpetuate
dishonest and extravagant management and taxes may continue
to be more now than they were then.

NEBRASKA STATE HISTORICAL SOCIETY.

UNDERGROUND RAILROAD IN NEBRASKA.

By Alice A. Minick. Read at the Annual Meeting, January 15, 1896.

Human slavery, 'tis the one blot on the

Escutcheons of our country's fame, that time

Cannot obliterate. Memory calls

Back those days as a child shudders in the dark,

After hearing vague tales of witches.

Slavery, a daub made by the hand of greed.

And ignorance, or novice statesmen, whose

Souls were untouched by human sympathy;

Other stains streak our nation's splendor to-day,

And the black mask shall be as effectually

Torn asunder, e'en though it tries the souls of men.

Conscience coerced, by wrong codes may slumber.

While slumbering, seem to approve the law, —

Others of action, like the heroic John Brown,

Never sleep; they are talesmen for Freedom's immortal day.

Mentiou of the Underground Railroad (U. G. R. R.) in Ne-
braska, or in any other state, immediately suggests to the mind
the thought of Captain John Brown, whose name is inscribed on
every historic record which pertains to the great national wrong
of slavery, up to the time of his '^public murder" at Harper's
Ferry, December 19, 1859. John Brown was the inspiration of
the abolition party. He clasped the hand of oppression, and
united it with freedom, — his life was the prophecy of freedom,
and his death its benediction.

The U. G. R. R. was humane in its object, was created from a
deep abstract principle, which rests in patriotism in govern-
mental alfairs, and is the moral element in human and divine
rights. In reviewing carefully the movement of the abolition
party reformers w^ho put their souls and lives into the move-
ment, I can see no place where the true governmental j)rinciple
of justice and the divine principle of personal liberty crossed,

UNDERGKOUND KAILROAD IN NEBRASKA. 71

though to an unsympathizer, or careless observer, it inight ap-
pear to the contrary.

The prime object of the movers along the line of the U. O. R.
R., both north and south, east and west, was the emancipation of
the slaves from an unholy bondage, to assist them to their (lod-
given rights, in defiance of the human authority that overshad-
owed them; this assistance to be rendered when necessary, at all
hazard, and at any and all times. The bravest and most loyal
blood flowed in the veins of those abolition forerunners; like all
reformers, they were dubbed as fanatics and lunatics, when, in
fact, they were radical enthusiasts upon the subject of patriot-
ism. Who could doubt the loyalty of men as brave as John
Brown, Lovejoy, or Gerrit Smith, or Fred Douglass, or Wendell
]*hillips, atid scores of other reformers whose souls were enlisted
in the work, — that struck the key note, that sounded the death
knell of human slavery?

John Brown was a Christian gentleman, tiot a rouf/h, as he is
understood to be by many who have not studied his biography.
He was educated for the ministry, was a tanner by trade. He
was at one time a large wool dealer, then a farmer; his methods
were practical in every respect. In person he was a tall, well
developed specimen of manhood, five feet eleven inches in height,
with keen black eyes, and when I saw him in 1851) he wore a
heavy beard, which was streaked with grey; he impressed one as
a man of strength. He represented a line of sturdy and noted
ancestry; he is described as the seventh John Brown along the
genealogical line. He was married twice and became th(^ fatlun-
of twenty children; he possessed the will to do what others knew
should be done but had not the moi-al courage to do, for he de-
clared he had been engaged in railroad business on a somewhat
extended scale, and said: "I have been connected with the busi-
ness from my boyhood and never let an opportunity slip." This
line of work was carried on more extensively than was generally
understood at the time, or is yet understood, — since it was con
ducted under various names. It was known in some sections as
The Subterranian Pass Way (S. 1*. W.), ''Free State League."

72 NEBRASKA STATE HISTORICAL SOCIETY.

and ''League of Freedom,'- all of which implied one and the same
thing, known in the west as the Underground Railroad (U. G.
R. R.) I am to deal more directly with the U. G. R. R. in Ne-
braska — which was a short line, comparatively, both in distance
and time of operation. The Nebraska line was directly under
the management and leadership of John Brown, whose home was
temporarily in Kansas. He often passed over the route, i^erson
ally accompanying the fugitives as far as Springdale, the
Quaker settlement in Cedar county, Iowa, which was one of the
stations on their way to Canada.

It is authoritatively stated that seventy-live thousand fugitives
were in Canada West at the time of the Chatham gathering,
which was an abolition convention called by John Brown in 1858.
One colored woman, Mrs. Tubman, is reported to have assisted
several thousand fugitives to escape, she having been a refugee,
and one Wm. Lambert is reported to have helped within a period
of thirty years, thirty thousand slaves to freedom. It is reported
that tlie Ohio-Kentucky route served more fugitives than others
in the north. I make mention of these facts to show something
of the -magnitude of the U. G. R. R. and its functions in the ful-
fillment of the prophecy which declared that this should be the
land of the free and the home of the brave.

The original name of the Nebraska line was known as the
Kansas-Nebraska and Iowa Underground Railroad. It was a
continuation of the Missouri and Kansas line. Its terminus was
Springdale, Iowa, the center of the Quaker community above
mentioned. Falls City, in Richardson county, was the first sta-
tion in Nebraska. Nemaha City, Nemaha county, and Nebraska
City, Otoe county, the main crossing of the Missouri river, — these
comprised the Nebraska stations, and extended from them to
Tabor, Iowa, then to Springdale. The Kansas, Nebraska, and
Iowa line was well organized. It was later known as the Ne-
braska I'. G. R. R. The money used was raised by subscription,
mostly among its members, and the road was worked by its mem-
bers, who were abolitionists. The members took their turns,
and used their own methods of transportation from one station

UNDERGROUND RAILROAD IN NEBRASKA. 73

to another. Sometimes they were annoyed and their plans frus-
trated by some disloyal members, who could be tempted to try
and make money by returning the slaves to their masters and
obtaining the reward. If they succeeded they crossed the river
at Rulo, in Richardson county, Nebraska, opposite Missouri.
Between bloody Kansas on the south and the border ruffians,
and Missouri, a rank slave state, on the east, there was immi-
nent danger and risk connected with the undertaking, but a
goodly number of abolitionists at each of these points influenced
public sentiment far enough to prevent outbreaks, or serious dis-
turbance, more than the occasional occurrence of disloyalty of
some of its members, which Judge Reavis, of Falls City, de-
scribes by an incident which took place, in which he says: ''As
I now remember, there were about one-half dozen operators on
that road in and about Falls City, having a station about a mile
north of town, at the house of a man by the name of W. W.
Buchanan. This man Buchanan got into some trouble with the
fraternity and was dismissed from their service. Charles
Strong, of Nemaha City, and some two or three others, whose
names I do not recall, came into Falls City some time during the
year 1859 or '60, and, among other things, charged him with
slipping runaway darkies over into Missouri for the purpose of
getting the reward offered for their recapture. There was some
foundation for the charge, and it came pretty near costing Bu-
chanan his life, as Strong, Chamberlain, Jamieson, and some
others, whose names I have forgotten, were not only indignant
at the conduct of Buchanan, but they distinctly told him that a
repetition of it would bring about his i^ersonal destruction.
There was one ridiculous circumstance connected with this that
might as well be told, and I think the circumstance led to the
suspicion that Buchanan was not all right. One of the runaway
slaves had been lodged at Buchanan's house, to be forwarded
on his course to Mt. Tabor, la., and was a little above the average
negro in point of ititelligence. This negro became suspicious
that everything was not all right and broke away from the men
who had him and escaped south across the Nemaha river intw
6

74 NEBRASKA STATE HISTORICAL SOCIETY. ']

an Indian reservation. The Indians, of course, had the notion |

that a black man was property among the white men and the:

next day they came to town driving the negro before them and.-

wanted to sell him for flour. In the meantime one of the men!

who had been trying to ship the negro into Missouri came into ;

town and charged that the fellow was a runaway slave and that^

he must be returned to his master. There were more abolition-J

ists in town than pro-slavery men, and the darkey was kept in a :

blacksmith's shop and was eventually dressed up in blankets |

belonging to Judge Dundy, the late United States district judge ;

of the district of Nebraska, and was finally smuggled out of town i

and sent on his way to Canada. There was not the slightest ^

danger that the negro wou.ld be returned to slavery, as there i

were too many abolitionists in town who would have engaged i

in conflict rather than allow it. liut the difficulty was gotten \

over by the ingenious device of making the negro appear like'

an Indian, and he passed out of the shop close to a pro-slavery

man, who never knew the difference. |

Sewel Jamieson, of Falls City, long since gone to his rest, was i

an active member; also John Burbank and his brother Joseph,-

Judge Dundy, and Wm. McFarland, to whom I am indebted for i

items of interest and who assisted companies to escape on three i

different occasions. Nemaha City was the central point, where ;

were several stations; one just north of town on the farm of |

IJoustin Russel. Although a Missourian, he was a radical abo- :

litionist. He took care of more fugitives than any other agent '

at Nemaha. It was there I received my initiation into the order J

under promise to keep still. I had gone to the Russel home to i

visit a daughter; she was going to the cave to get vegetables for )

the meal and invited me to go with her. On entering the cave, ;

I found myself in the midst of colored people of all sizes, men, j

women, and children. All I could see was red lips, white teeth, ^

eyes, and black faces; frightened is no name for the sensation I ]

experienced. Should I run, scream, or fall down? The more '

frightened I became the more they showed their white teeth. :

1 begged the girl to help me away, for I could not rise on my feet. !

UNUERGKOUND RAILROAD IN NEBRASKA, 75

These were the first colored people I had ever met, and to a
northern child it was an experience. This was early in the op-
eration of the Nebraska line, for in the next two years I over-
came all my fears of colored people. Hezekiah B. Strong, of
Nemaha City, was a member and he often helped the fugitives
on their way. My father, David Lockwood, kept a station just
west of town. There was also a vacant house in town where
they were housed when there was a large number together. I
remember waking one morning and smelled cooking at an un-
seasonable hour, and on investigation found my mother prepar-
ing an early breakfast for three fugitives. One of the number
was a tall, stalwart darkey. Napoleon by name. He was more
intelligent than the average slave. He said he intended to re-
turn for his family as soon as he could earn some money. My
father warned him against it, and advised him to leave his
family in the hands of Providence, at least while so much dan-
ger threatened. After the three had been warmed and fed they
retired to the attic for the day. Napoleon tied two brooms for
my mother that day out of some broomcorn that had been stored
there. The next night my brother, Phigene V. Lockwood, took
the colored gentlemen in an emigrant wagon to Nebraska City.
Some months after this Napoleon did return to Missouri with
his heart full of love for his family, and determined to take them
to Canada with him. He went to the farm house of his wife's
owner and under curtain of night stole close to the house with
the hope that his wife might come to the door; then he crept
close to the well curb where she might come to pumj) water and
breathlessly waited. How his great heart must have beaten,
and every moment an hour, while undergoing this suspense.
Then there came the sharp crack of a pistol — a flash — and a bul-
let had pierced Napoleon's heart, and he was dead. Many pa-
thetic incidents were enacted during the two years that the V.
G. K. K. was in operation in Nebraska, but none of them touched
my heart as did this one.

.lohn Brown's last appearance in Nebraska was early in Feb-
ruary, 1859, and in fact, as far as I am able to find out, these were

76 NEBRASKA STATE HISTOKICAL SOCIETY.

the last refugees he assisted to escape, for soon after he made^
his way from Springdale (where his men had been drilling and
his guns and ammunition were stored) to Harper's Ferry. This
trip has been described by George B. Gill (who was Brown's
faithful friend and adviser, as reported in the American Re-
former by Carlos Martyn.) He appeared in Nemaha about Feb-
ruary 3, 1859, with thirteen fugitives in emigrant wagons. They
camped at the station house in Nemaha, which was furnished
with a stove and benches; a colored cook prepared their meal.
It was no secret then that John Brown with fugitives was in
town, where they remained two or three days. His company '
consisted of men, women, and children. George B. Gill accom-
panied him and several other white men. This must have been
the camp that Mr. Gill alludes to as being on the Otoe reserva-
tion, since it was just across the line, and there were no stations ,
on the reservation. The weather was cold, roads rough and
hubby. I can now see that group as they surround the wagons
preparatory to starting. A number of citizens had assembled,
some out of curiosity, others to assist them out of sympathy.
They left Nemaha peaceably and without molestation, with the
best wishes of many people. These were the last fugitives that
I ever saw, for soon the battle cry sounded and the attention of
loyal citizens was turned in another direction.

Mr. Gill says: ''It is not generally known, but it is a fact, that
there were from 1856 to 1858 more slaves in Nebraska than in
Kansas. Most of the Kansas slaves were conveyed to the North
Star section soon after. The first attempt to cross the Missouri
river by the new route was made by the Massachusetts party, ■
under the charge of Martyn Stowell, of which I was a member.
We were the advance guard in July, 1856, of Jim Lane's hastily
gathered command. The Nebraska City ferry was a flat boat ;
worked by a southern settler named Nuckolls, who had brought
slaves there and who declared we should not cross. Three of .!
us, who were mounted, rode down, called, and got the ferry over
on the Iowa or eastern side of the river with Nuckolls himself in
charge, and we held him there until our little company of sixty-

UNDERGROUND RAILROAD IN NEBRASKA. 77

five young men, with three wagons, were ferried over. These
incidents are only menti(»ned to show the nature of the obstacles.
Mr. Nuckolls yielded to our persuasive force, aided by that of his
neighbors, many of whom were free state in sympathy, and per-
haps even more by the profit he found by the large ferriage tolls
we promptly paid."

1 cannot close this chapter without making especial mention
of James H. Lane, who was active in those days. He must have
been out on one of his recruiting trips when I first met him in
June, 18.56, camped on the bank opposite Nebraska City three
days with two or three hundred other people, who were waiting
for the high waters caused by the June freshets to recede, suffi-
ciently for safe crossing in a rickety flat boat and by the aid of
careless, half-drunken seamen. Mr. Lane was one of the high
water-bound party held there nearly one week. He frequently
visited our camp, for he found my father's family in sympathy
with his work. I scrutinized him in childish curiosity, for to see
Jim Lane was to see a noted personage, who had been read and
talked about in our New York homcf, his name being always asso-
ciated with the Kansas troubles. He was socially a i)leasant,
congenial gentleman. He was tall, slender in build, with u
smooth face, and blind in one eye. I could not pronounce him
handsome; he was of a restless, nervous temperament. We
crossed the river on the same boat, only part of our family going
at the same time. My father met Mr. Lane many times after
this. He believed that Lane would be the colored jteople's
Moses, for up to this time little had Ikmmi iK^ard of John lirown
in the west, as he was actively engaged in Ihe^ rescue work in
the east. Lane was organizing against the border rufiians in
Kansas, while John Brown's work from beginning to end was
the emancipation of the slaves. Aanm Dewight Stevens was
known as the fighting free state leader at TojH'ka, and l«> liiiu
was also intrusted the defense of the o\Hni road to Nebrasi;a.
John Brown carried on a dual duty after his appearance in the
west, that of collecting arms, drilling his men at Talxu- and

78 NEBRASKA STATE HISTORICAL SOCIETY. 'j

Spi'ingdale, at the same time engineering his U. G. R. K. lines in •
vai'ious places in the country east and west.

There is no way of arriving at a correct estimate of the number \
of slaves that were assisted over the Nebraska line, but it is safe [
to say that there were several hundred. The work taught those J
who were held as slaves in Nebraska territory that they were
on free soil, of which they soon took advantage. :

One of John Brown's principles was loyalty to government, i
while he believed there was no wrong in helping the slaves to ]
what naturally belonged to them — freedom. He believed in pre- '
serving the Union, and was opposed to taking of life and destruc- ]
tion of property at all times, save only in self defense. These :
principles stood for those of every true abolitionist. They be- ,
lieved that a government fostering and protecting a wrong of so :
great magnitude would go down in filth, or it would extricate ]
itself through great loss; and they were right. Nebraska has a i
clear record. She is free from the blot of legalized slavery. This '<
was done by the heroic acts of the few who bore aloft in the time ■
of danger freedom's banner. Although bills were introduced into j
the legislature by Marquett and Taylor in 1860 to abolish slavery ;
in the territory of Nebraska, these were political methods intro- j
duced to test party strength. Legalized slavery did not exist; '
however, the bills passed over the governor's veto and went into i
effect May 1, 1860. ;

I will add here that these were stormy times in Nebraska. ;
Those who have come here of more recent date and enjoyed thp ]
fruits of those days can scarcely understand all that the l^. G. ;
R. R. implies. The country sparsely settled, no comfort, very j
little to eat, and that plain food, and money scarce. Cold win •
ters followed by droughts, ague and fever, which accompany '
new countries, were of frequent occurrence. Means of transpor- •
tation were limited to Indian ponies or ox teams; all strangers. |
and they many times homesick and discouraged; war threaten- ,
ing, and harder times, if possible; blood-thirsty ruffians on our
borders; with all of these surroundings and many more discour-
agements, the thought of carrying on a. systematic assistance for

UNDERGROUND RAILROAD IN NEBRASKA. 79

the deliverance of thousands of slaves required, first, patriotism,
then nerve and energy, such as only great emergencies can com-
mand.

These reminiscences have been carefully collected together
with my own recollections extending back to my twelfth year
of age.

NEBRASKA STATE HISTORICAL SOCIETY.

BIOGRAPHICAL SKETCH OF MAJOR W. W. DENNISON. |

By I. A. Fort. I

William Wallace Dennison was born at Saybrook, Conn., April ,

20, 1822, and received his education at Yale. He was descended 1

from a noble English family, a branch of which, emigrating from i
the parent country, settled in Connecticut about the beginning

of the last century. The greater part of his life was spent in ■

government service, particularly that branch of it known as the •

Indian department. In 1857 he was appointed by President '
Pierce United States agent to the Pawnee, Otoe, and Missouri

tribes of Indians, with headquarters at Nebraska City, which j

was then in its infancy. Enterprising and public spirited, Major I

Dennison, together with other kindred spirits, did all in his j

power to invite immigration into the territory and to further in \

every way the interests of the growing colony at Nebraska City. •

Through his instrumentality the Indians under his control and -
over whom he exercised a. most beneficent intiuence were in-
structed in the useful arts of civilization and also taught how to 5
live on friendly terms with other Indian tribes, as also with their \
white neighbors. Treaties greatly to their advantage were,
through Major Dennison's influence, concluded with the govern- •
ment, the articles of which were rigidly enforced by him, to the ;
great advancement of the Indians. j

In 1859 his friends induced him to stand as democratic nom- I

inee for congress, but he was defeated by the republican candi- j

date. During the fall of 1860, his health failing notably, he was ;

advised to try a southern climate for its restoration, in pursu- ]

ance of which advice he sent in to the Indian department his j

resignation as agent, and was preparing to proceed with his ;

family to Virginia when the civil war broke upon the country. i

Certain unscrupulous persons hearing of Major Dennison's

BIOGRAPHICAI. SKETCH OF MAJOR W. W. DENNISON. 81

intentions, got together a mob of low white men and a few de-
luded Indians, who, presenting themselves at the major's dwell-
ing, demanded him to deliver up the government money which he
then held in trust for the payment of Indian annuities, assigning
as a reason for this lawless conduct that Major Dennison was
about to go south, being a southern sympathizer, taking with
him said public funds. A base and groundless calumny, as after
events clearly proved. These lawless men further threatened to
burn the dwelling of the agent, and even the whole of Nebraska
City, if their demands were not complied with — which threat
so intimidated some property holders in the city that they ap-
pointed a committee to wait upon him and request that he give
up the government money then on deposit in Mr. Ware's bank.
This request was, of course, indignantly refused. Finally these
miscreants, threatening death to the intrepid defender of his
trust, seized and bound him, making him a prisoner in his own
house, around which they placed a guard of unprincipled men.
To all these threats of violence and death Major Dennison re-
plied, with an undaunted courage born of stern integrity and
upright principles, "T prefer death before dishonor."

All the available troops at Fort Leavenworth, the nearest gar-
rison, having been called to Washington to assist at the inaugu-
ration of President Lincoln, none could be obtained to quell
these disorders, and the governor's authority proved powerless
to stay the lawless proceedings. Under these circumstances,
his friends urging upon the major the duty he owed to his family
and himself to protect his life and honor, advised him to leave
the territory, which he did early in 1861, pioceeding to Rich-
mond, Va., where he was joined by his family some months later.

The government funds remained in the bank until after the
arrival of a newly appointed agent, to whom the boxes of specie
were delivered with theii- seals unbroken and their contents in-
tact.

This incident is given as an illustration of the moral strength
and force of charactei- j)ossessed by Major Dennison. At no
period of his life did lie sliow more magnanimity of soul and

82 NEBRASKA STATE HISTORICAL SOCIETY.

heroic courage than when, almost alone, he defied the threats
and violence of an unprincipled mob.

He took no part in the civil war, his physical condition proving
a suflScient exemption from military duties, but through the
influence of friends and in recognition of his personal merits, he
was given a position in the Confederate treasury department at
Richmond, thus securing to himself and family a necessary main-
tenance until such time as they fondly hoped to return to their
western home. But, alas for human hopes and expectations!
death claimed his wife in 1862, and his own health rapidly declin-
ing, he died in Richmond, on the 16th of July, 1863, at the early
age of forty, leaving behind him two orphan daughters to mourn
their irreparable loss.

Major Dennison was a man of sterling worth, of spotless in-
tegrity, a loyal citizen, and a polished and courtly gentleman,
whose untimely death was lamented by hosts of friends north
and south, and whose memory is held in benediction by those
who loved him.

president's communication.

PRESIDENTS COMMUNICATION, 1897.

Read before the Society at the opening of the Twentieth Session, January 12, 1897.

United States Department of Agriculture,
Office of the Secretary,

Washington, D. C, January 8, 1897.
Mr. Jay Amos Barrett, Librarian titate Historical Society, Lincoln,
Nebraska,

My Dear Sir: I very much regret my inability to be present
at the coming session of the State Historical Society. But par
ticularly do I lament the fact that I shall not be there to meet
the surviving members of the first territorial legislative assem-
bly who will at that time convene within our lecture room. It
will be very appropriate, it seems to me, on that interesting oc-
casion to see what sort of history has been made during the last
fifty years in regard to class legislation.

It has been recently declared that under the gold standard the
poor are invariably oppressed and made poorer and the rich fa-
vored and made richer. It has been declared with wonderful
effrontery that the American people have been crushed in their
enterprises and industries by the single gold standard. Even
from citizens in high positions have come utterances like the
following:

"The promulgation of the gold standard is an attack upon
your homes and your firesides and you have as much right to
resist it as to resist an army marching to take your children
captive and burn the roof over your head."

In view of these wild and false statements, why not look over
the economic and social imi)rovcnu'nts which have come about
under this terrible gold standard during the last fifty years?

In that time has not imprisonment for debt been abolished?

In that time have not laws been passed exempting homesteads

84 NEBRASKA STATE HISTORICAL SOCIETY.

and large values in personal j)r()i)erty from execution aj^ainst
debtors who are the heads of families?

Have not liens been provided for mechanics and laborers by
which their wages may be secured upon the property in which
they have put forth their efforts?

Have not poor persons been permitted to sue in the courts,
state and national, without the payment of costs or the giving of
security for costs?

Have not laws been passed providing for the appointment of
attorneys to defend, without compensation, poor persons in the
criminal courts and, in some instances, in the civil courts?

Have not laws been so constructed that courts are directed to
enter judgment in favor of the laborer who has to bring suit to
recover his wages or enforce his rights against a corporation
for a stated sum to recover his attorney's fees?

Have not the hours of labor to make up a day been dec hi red
by law as to the public service and on public works?

Have not the wages of labor been made preferred claims in the
administration of estates, and in some cases am not wages made
preferred claims generally?

Have not laws regulating passenger and freight rates on rail-
roads and other lines of transportation, and also the charges
of public warehouses and elevators been instituted during the
last fifty years?

In the same time have not national and state commissions
been created to supervise railway traflfic by which charges are
supposed to have been reduced two-thirds or more?

Have not statutes reduced the rates of interest in nearly all
the states and extended the time for the redemption of prop-
erty after the foreclosure of mortgages or deeds of trust?

In that half century have not railroads been required to fence
their lines or pay double damages resulting from failure to
fence?

Have not railroads in that period been also required to fur-
nish safe places and appliances for their workmen?

Have not manufacturers and mine owners been required to

president's communication. 85

provide places and machinery for the safety and comfort of their
employes?

Has not the incorporation of labor organizations been author-
ized in that time by law and Labor Day been made a national
holiday?

Have not commissioners of labor, state and national, been ap-
pointed to gather statistics and as far as possible to ameliorate
the condition of the working classes?

Have not the laws provided against poor men being black-
listed or threatened by postal cards, as to the collection of debts
alleged against them?

Have not the public mails and post routes been relieved by law
from the carrying of lottery schemes and other fraudulent meth-
ods of getting money from the unsophisticated?

Have not the postages been reduced so that, under the opera-
tion of the present laws, the people get the county newspapers
free of any carrying cost?

Has not slavery been nbolislied in that time?

Has not the condition of labor been elevated and improved?

Have not foreign laborers been forbidden to come into the
United States under contract, and Chinese emigrants shut out?

Have not boards of arbitration, state and national, for the set-
tlement of labor disputes, been created?

In that half century have not homesteads aggregating more
than three millions in number been given gratuitously to those
who would enter upon them and cultivate them?

In the same time have we not given away a million or more
of farms in the United States under the operation of the timber
culture law?

Have not free public libranes been established by statute in
nearly every state and county of the east and north and in many
of the western and southern states?

Have not institutions for the blind, feeble minded, the insane,
and deaf and dumb multiplied in every commonwealth of the
United States?

Have not institutions for caring for the sick, the aged, and

86 NEBRASKA STATE HISTORICAL SOCIETY.

the distressed been improved and increased in numbers a thou
sand-fold during the last fifty years?

During what other half century has any nation shown a pen
sion list running to |160,000,000 a year to proAMde for its veteran
soldiers?

In what other country have so many mil lions of dollars been
expended for free public schools and univ<n'sities in the last fifty
years?

And who brought about these bene^ticent institutions which
look after and care for thos^e who aiv unable to (tare for them-
selves?

Were they not the higher class of citizens — the intelligent,
the wealthy — who conceived and constructed these homes for
those who otherwise might have no homes?

Are not these evidences of a bountiful, abundant, and a gen
erous charity visible in every state and county and city of the
American Union? And, this being the case, with what truth,
with what good common sense, and with what justice can any
public man endeavor to array the poorer against the richer citi-
zens of the republic? How can anyone declare, in the face of all
these gigantic facts, that the gold standard has cursed and
shrunken the civilization of the last half century in the great
republic of the western continent?

In the records of all the centuries since man began a historic
career where can fifty years be found during which the* cost of
I)roduction of staple foods for the human race has been so much
reduced?

What other half century can vie with the last half of tiiis in
bringing to the great mass of mankind increased comforts and
luxuries at constantly lessening cost?

During these fifty years have not the dynamos of most of these
power agents, which before the beginning of 1850 had beten nou-
cealed from human vision, been developed and made to work for
the advantage and benefit of the American people?

And under the gold standard, since 1850, has not the' popula-^
tion of the United States more than trebled and its wealth multi
plied itself nine times?

pkesident's communication. 87

If the preceding 200 years had recorded on a plionograpJi all
of the inventions, improvements, and labor-saving machines for
production and distribution, would they have equalled the show-
ing which the last twenty-five yeara can make?

But leaving the United States east of the Mississippi river, how
has Nebraska been shriveled and tortured under the gold stand-
ard since civil government was first established within its
boundaries?

Who present of the members of the first legislative assembly
of the territory of Nebraska can recall the physical conditions
by which that deliberative body was environed in January, 1855?

Wias it not more than three hundred miles to a railroad?
Were there more than two thousand men, women, and children
resident in all the seventy-six thousand square miles which
make up the area of this commonwealth?

And yet in forty-two years have not the material, mental, and
social conditions — under the gold standard of value — advanced
from the crudities, discomforts, and discouragements of the
furthermost frontiers to the environments, comforts, convenien-
cies, and luxuries of modern civilization in all the older settle-
ments of Nebraska?

And will not the acre of land which would buy but a dollar
and a quarter in gold in IS5G now purchase from ten to a hnn-
<lred dollars of the same coin?

And cannot money, which in 1856, '57, '58, '59, and '00, and
even down to 1867, which loaned in Nebraska ui>on farm mort-
gages for 12 per cent, per annum, now be borrowed for 8, not-
withstanding the alleged appreciation of the dollar?

And cannot railroad bonds, issued upon lines in Nebraska
which originally bore 8 per cent., now be floated at 4?

vVnd are not wages more now than forty-two years ago?

And with interest lower, wages higher, and the values of all
i-eal })roperty enhanced ten-fold during the forty-two years, how
can a truthful man, a sincere Unov of big facts, declare that the
gold standard has bcnm and will continue to be a blighting curse
upon the people. J. Steklinc Morton.

NEBEASKA STATE HISTORICAL SOCIETY

THE FIRkST territorial LEGISLATURE OF NEBRASKA.

REMINISCENCES BY H. P. BENNET.

Denver, Colo., September 15, 1896.

To the Nebraska Historical Society: At the earnest solicitation
of your assistant secretary and librarian, I will attempt to ex-
press what I can remember of the first territorial legislative
assembly of Nebraska. Forty years is a long time to retain in
one's memory anything of interest concerning the assembly not
found in the journal of its proceedings, so you need not expect
a very extended statement. I might, indeed, draw upon my im-
agination for embellishments; but such you would not want.
Nor would I like to give you anything but the plain truth of the
matter so far as I can, even though it be not so strange as fiction.

At the date of the passage of the Kansas-Nebraska bill, in
May, 1854, 1 resided at Glen wood, la. My oldest brother, Isaiah
H. Bennet, was in the employ of the government in the Indian
service, and located at Bellevue. He and I were among the very
first to locate claims in Nebraska after the passage of the bill.
We made our locations on the Papillion, without, however, mov^-
ing our families to the ground.

Late in the fall of 1854, S. F. Nuckolls, who had located at old
Ft. Kearney (Nebraska City), persuaded me to move from Glen-
wood, la., and join him at Nebraska City. This I did, taking my
little family with me in a buggy, and leaving all my household
and other effects behind. We boarded at the Downs house, the
only public house in the city, for some few weeks before the first
election in the territory. AX that election I was a candidate for
the territorial council from Otoe county, which was entitled to«
two councilmen, and I was elected, together with Captain Brad-
ford, long since deceased. As I remember the matter, I owed my
honorable position as a member of the first session of the Ne-

FIRST TERRITORIAL [.KOISLATllRK OF NEBRASKA. 89

biaskii legislature more to Stephen F. Nuckolls than to the fact
of any long or well-known I'esidence in Nebraska prior to the
election.

I was elected as a South Platte man, Avhich meant that I was
in favor of the location of the capital at Nebraska Citv. In
other words to remove tlie capital from Omaha, where Thomas
B. Cuming, the secretary, had established it, to a point soutli
of the Platte, where I and my South Platte colleagues and con-
stituents had more corner lots than in Omaha, The corner lot
question was the great political question at stake between the
two Nebraska parties — ''North Platte" and "South Platte" — of
that early period. Party spirit, of course, ran high, as it nat-
urally does when, as in this case, a great principle is involved in
the issue. Just consider how many

"City lots were staked for sale
Above old Indian graves"

north of the Platte, at Omaha, and south of the Platte, at Ne-
braska City. In such trials the issue cannot be found by i)roofs
of the right beyond a reasonable doubt, as in criminal cases, but
only by a preponderance of corner lots. And it was so found in
this case, in favor of Omaha,

However, I must ask you to pardon these reflections, as I am
not writing an essay on the righteousness of mankind, but only
a few reminiscences of the early and half-forgotten days of the
great state of Nebraska.

The legislature met at Omaha a few weeks after the election.
It assembled in the old capitol building situate on the bluff near
the Ilemden house. All the pai-liamentary law I knew I had
gained from study of Jefferson's Manual, which I had borrowed
after my election. Notwithstanding my meagre knowledge of
the subject, I was considered by my South Platte colleagues to
bo the most capable and best equipped member to put into the
chair as pro tempo president of the council.

On the day the legislature met feeling between the parties was
\»'ry hot in regard to the organization of the two bodies, I know
that most of tlu^^ members of the council were very much worked
7

90 NEBRASKA STATK HISTOKIlAL SOCIKTY.

up, aud the greater portion of the croAvded lobby was near the
fighting pitch. So far as the council was concerned, the South
Platte men had the advantage in nerve and lighting quality, and
could have bullied the other side successfully. But the lobby
was made up of the friends of Omaha. Some of them we^re
armed, and quite as ready and willing as were our side to have
the council organized their way peacefully, even if tlu\v had to
tight for it.

The North Platte members had a further advantage in having
several men of brains and experience. (). 1). Richardson, of
Omaha, knew more of what the nmtter in hand was about and
how to accomplish it than the entire delegation from South
Platte. Besides him on the Omaha side there were B. R. Folsom
and Goodell and other cool, able, and experienced men.

Secretary Cuming, after "swearing in" the members of the
house, came up to swear us in. We all stood up and he pro-
ceeded to swear us to support the constitution of the United
States and the organic act of Nebraska, and was proceeding to
swear us that we w^ere all citizens of Nebraska and over twenty
years of age, when I dropped into my seat, pulling Lafe Nuckolls,
the "member from Cass,'' down with me, thereby declining the
oath. This I did because of doubts as to my own or Lafe
Nuckolls' residence in the territory, and for the further reason
that I knew Lafe was not yet twenty. So I kept him company,
and afterwards Judge Ferguson came in and administered to
us the proper oath, omitting the matter of age and residence.
Lafe was a bright and ready fellow. Some one, pending the
arrival of Judge F. to swear us in, asked him his age. Lafe an-
swered at once: "Ask my constituents, as Henry Clay once said."
This by-play on my part in regard to the oath I suppose fur-
thered my being selected to occupy the chair during the organi-
zation of the council. This position I filled as best I could for
about an hour, in the midst of great excitement on the part of
the members, the lobby, and everybody else in the chambei-.
What occurred during the short time I presided, or pretended
to preside, I cannot remember, except that I most assuredly did

FIRST TERRITORIAL LKUISLATLRK OF XEBRA8KA. 91

not know ''where I was at.'' I was put into tlie chair by a
majority of one; but on the vote for permanent president, tlie
Omaha side, having won over one of our South Platte members
by offering him the presidency, elected J. L. Sharp, of Richard-
son county, and I stepped down and out.

Frank Welch was an enrolling clerk of that session, and a good
man. He could sketch with his pen almost as well as Thos.
Nast, and during the session he made many caricatures of the
ridiculous things that occurred. I remember one on the com-
mittee of the whole; and another on ''the final departure of the
gentleman from Cass," as Lafe Nuckolls was called. The latter
represented the council in session and Lafe at the door, his right
hand extended in farewell to the members, while in his left,
rather back of him, he carried his carpet bag, gorged to over-
flowing with stationery and other accumulated perquisites of
office.

J. Waldo Thompson (son of the AVidow Thompson who after-
wards married Steven Decatur) was our only page that session.

I cannot now recall to mind that I had any pet measure at that
session, other than the location of the capitol, nor that I intro-
duced a bill for any purpose whatever, unless it was for a toll-
road bridge or ferry charter. There were hundreds of such bills
introduced, and all passed, covering every buflalo and Indian
trail to and from watering places and fords on the Platte and
every other known river or stream in the territory too wide to
step across. In respect to private charters this first legislature
did all that was necessary so far as they knew at the time.
Future legislatures, I am pleased to hear, followed the prece-
dent set by the first upon the discovery of fresh trails and dry
creeks in the then unexplored regions of that part of "the great
American desert."

But I must cease this gossip about the great state of Nebraska.
It is all right now, however crude and uncouth in its beginnings.
It has grown many men of ability, quite a number of whom will
compare favorably with the average statesmen of our land. And

1)2 NEBRASKA STATE HISTORICAL SOCIETY.

HOW she can proudly point to one masterful son, who, in some
respects at least, may well be compared to the immortal Lincoln.

ROBERT BATES WHITTED.
Written bj^ his brother, J. M. Whitted, of Florence, Nebr.

Kobert Bates Whitted, who was a member of the first legisla-
ture, territory of Nebraska, was born April 26, 1822, in Maury
county, Tennessee. His foreparents were of Welsh descent, who
came over as disciples of William Penn and settled in Orange
county. North Carolina, about 1685. He is of revolutionary
stock; both his grandfathers were at the battle of Guilford, North
Carolina, and fought under General Green. His father was
under Jackson in the war of 1812. Robert's early life was spent
on a farm. When he was fifteen years of age his parents moved
to Park county, Indiana, where they purchased and settled on a
farm. Not making a success of farming, his father tried the
occupation of a boatman. He lost his life at Vicksburg, Miss.,
about 1837, and left Robert's mother with but very little means
to support the large family. They struggled on in poverty, Rob-
ert going to school in winter and working in summer, until he
was twenty years of age, w^hen he apprenticed himself to a
tanner and currier until he learned the trade. He then started
in business for himself and moved to Keokuk county, Iowa, in
1846. He married Lucindy Hurley in 1847. They had four chil-
dren. In 1852 he came to Council Bluffs, la., and when Ne-
braska was organized, he located his claim in the present site
of Omaha. His wife died in 1856. In 1857 he moved to Gray-
son county, Texas. His two sons, Simeon and Pinckney
AVhitted, now live in Sherman, Grayson county, Texas. He was
thoroughly democratic in his political views. He died in 1864,

JOSEPH D. N. THOMPSON.

Written by John C. Thompson, Omaha, Nebr.

Joseph D. N. Thompson, the member of the first legislature of

Nebraska from Kanosha, was born in White county, Tennessee,

December 22. 1800. While a young man he learned the harness-

FIRST TERRITORIAL LEGISLATURE OF NEBRASKA. 9.'>

luakei'-s trade. That, however, did not suit his tastes, so he read
law and became an attorney. He was married early in the thir-
ties to Miss Martha Baker, a woman of strong character and
maidenly virtues, with whom he lived happily for moi-e than a
third of a century — until the day of his death. The early years
of their married life were spent in Missouri, and it was while
they lived in that state that most of their children were born.
The early history of Missouri, if properly and correctly written,
would probably show J. D. N. Thompson in his most natural
role — that of a soldier — for he was captain of the Fifth ^Missouri
militia, and, after that company disbanded, became a member
(»f one of the twelve-month regiments of militia. His daughter,
Mrs. Mary Marsh, says her father served in the Black Hawk,
the Seminole, the Mexican, and the ciAil wars; that he- was in
Colonel Gentry's regiment and was present and participated in
the great battle fought Christmas day, 18.37, when Old Rough
and Ready so severely chastised the Indians, and when Colonel
(jentry was killed. Mr. Thompson's record in the Mexican war
was that of a daring, courageous, and loyal soldier. It cannot
be stated in language uny more appropriate than that employed
iu the obituary notice published in the Nebraska Advertiser at
the time of his death. It said: ''He was with Colonel Doni-
phan's regiment, and j)articipated in a series of marches and
hard-fought battles which terminated in the capture of the prin-
cipal cities of the north of Mexico." After his return from the
^Mexican battlefields he was not contented in Missouri. He re-
mov(^d from there to Iowa, then to Nebraska, locating in Kano-
slia, from which point he was elected as a member of the first
house of representatives of Nebraska. This was the only otficial
position, aside from justice of the peace, which he ever filled.
After the expiration of his term of office as a representative, in
1855, he removed with his family to (Jlcnwood, la. The follow-
ing year found him on the move again and that time he located
in Brownville, Neb. At the breaking out of the civil war he was
postmaster of that town, but resigned in order to accept a com-
mission as captain of tlu' First Nebraska under Colonel Tlios. .[.

94 :n^ebraska state historical society.

Majors. After that regiment was discharged he again enlisted,
this time as a private in company K, Forty-eighth Missouri Vol-
unteer Infantry, with Geo. Vandaventer as captain, being mus-
tered in the 1st day of September, 1864, and being mustered out
the 29th day of June, 1865. His four sons all fought under the
stars and stripes for the preservation of the Union, and his wife
and daughters — those remaining unmarried — were at the front,
and often acted as nurses, during a portion of the time that he
was in active service. After the spirit of state rights had been
crushed he returned again to Nebraska, living in Nemaha and
Richardson counties alternately until the date of his death, June
2, 1871. He was survived by his wife and six children. He was
buried in Walnut Grove cemeterv in Brownville.

BIOCtRAPHY of ANDREW JACKSON POPPLETON, MEMBER OF THE
FIRST TERRITORIAL LEGISLATURE.

Written by Hon. .rames M. Woolworth and William S. Poppleton.

The subject of this brief sketch comes of a family which may
be traced to an early day. An English officer of the name was.
in Cromwell's army which overran Ireland in 1649-50. When
the subjugation of the island was complete he remained there.
It is said that Samuel Poppleton was his grandson. Samuel
Poppleton was born in Ireland in 1710 and was married to
Rosanna Whaley, by whom he had four sons, Ebenezer, Benja-
min, William, and Samuel, the youngest of whom, Samuel, was
born in New Jersey on Christmas day, 1750. Soon after the
birth of this child the family settled at Pownall, in the territory
which now forms a part of the state of Vermont. At the out-
break of the revolution the elder Samuel adhered to the British
crown and returned to Ireland, where he died, but his four sons
enlisted in the Continental army and were all actively engaged
in the war. Samuel, the youngest, was with Ethan Allen at
the taking of Ticonderoga, served under Benedict Arnold in the
expedition against Quebec and at the battle of Saratoga, and
participated in a number of engagements until the close of the

i'lHST TEllUlTOIUAI. LKiJlSLATrRK OF NEBKASKA. 0")

war. He was accustomed to say that he had l)een iu seven
pitched battles.

In 1783 Samuel l*opi)leton was mai-ried iu Pownall, Vt., lo
Caroline Osborne, by whom he had eight children, of whom
William Poppleton, the father of Andrew J. Poppleton, was
born in Poultney, Vt., iu 1795.

In 1811 Samuel Poppleton with his family removed to Rich-
mond, Ontario county, New York, and in 1822 again emigrated
and settled at Belleville, in Richland county, Ohio, where he
died in 1833. His wife died at the same place on the 7th of Ko-
A ember, 1842. In 1814 William Poppleton was married at Rich-
mond, in New York, to Zada Crooks, the granddaughter of David
Crooks, a Scotchman, who came to Blandford, in Massachusetts,
prior to 1769, and afterwards removed to Richmond, in New
York, where he died in 1820. His son, David, the father of Zada
Crooks Poppleton, was born in Blandford, Mass.. on the 2d day
of December, 1769, and afterwards removed to Richmond, in
New York, where he was engaged as a saw and grist miller until
his death in 1812. The mother of Mrs. Poppleton was Eunice
Knox Crooks, a granddaughter of William Knox, who was born
in Ireland of Scotch descent in 1690, and came to America in
1735. She was born on the 30th of May, 1772, and died in Troy,
Oakland county, Michigan, in 1863, at the great age of ninety-one.
In 1825 William Poppleton and his family removed to Troy town-
ship, in Oakland county, Michigan. Be had seven children, of
whom Andrew J. Poppleton was the sixth, born in Troy town-
ship, Oakland county, Michigan, on the 24th day of July, 1830.
It is worthy of note that each generation of Mr. Poppleton's
family, including himself, have been pioneers in a new country.
From Samuel Poppleton and his four sons, who came to this
country from Ireland and made new homes in what is now Ver-
mont, to the subject of this sketch, all were farmers, tilling the
soil with their own hands. The education of the father of An-
drew J. Poppleton was limited. By his own reading, study, and
thought he became a man of large intelligence, and as such, and
for sterling virhu s, was liehl in the highest esteem in the countv

96 aXebraska state historical society.

of Oakland. He was several times elected to local officer and
once to the Michigan state legislature.

The life of a new comer to a western home in the early days
of the settlement of Michigan was very severe. Clearing the
forests, planting a farm, and building a home was a work of
great privation and unremitting toil. William Poppleton passed
through these days and their labors, and in his later manhood
saw the state of his adoption a jirosperous commonwealth and
accumulated an ample competency, living and dying on the farm
which his own hands had redeemed from a state of nature.

He greatly valued the education which had been denied him,
and gave to his children all the advantages in that way which
the circumstances permitted. He died in May, 1809.

The boyhood of Andrew J. Poppleton was passed upon his
father's farm. He inherited a love of the pursuits and associa-
tions of rural life. The hay and harvest field, the ride to the
mill, the orchard, the care and love of animals, the common
sports of such a home came to him as natural and enjoyable ex-
ercises, and from their pleasures he was never alienated. One
of his favorite recreations in later life was the development of
agriculture and the breeding, raising, and training of standard
bred trotting horses at his Oakland farm of some 1,200 acres,
near Elkhorn, Neb. He contributed a strong impulse toward
the advancement of the trotting stock interests of the state.

Until 1844 he went to*the county district schools, and at that
time entered an academy at Romeo, a little town near his home,
where he prepared for college. In 1847 he entered Michigan
University; but in the fall of 1850 he withdrew and entered
Union College at Schenectady. While he was at the latter insti-
tution the venerable Dr. JSTott was its president, and Dr. Tayler
Lewis its jirofessor of Greek. Other members of the faculty left
an influence upon his mind, but these two men deeply impressed
themselves upon his character. As an instructor of young men,
instilling into them the highest principles and at the same time
teaching them the precepts which conduct to practical success
in life, Dr. Nott has been unsurpassed in this country. The

FIRST TEliUITOKIAJ, LKGISLATURB OF NEBRASKA. 97

nature of the country boy was open to such intiuences, and lie
has carried through life what he received from the lips and from
the personality of that great man. Dr. Lewis influenced the
young student in another direction. A Grecian of learning and
culture unsurpassed, perhaps, by any other in this country, he
not only taught his pupils the language, but inspired in them a
love of the literature of the Attic race. Mr. Poppleton gradu-
ated in July, 1851. He returned to the school at Romeo, where
he taught Latin and Greek until April of the next year. During
the last years of his college life, and while engaged in teaching,
it was his ambition to be a professor of Greek in a college, which
seemed to him the very highest position to which he conld attain.
Upon leaving Romeo he entered the law office of Messrs, C. I.
and E. C. Walker, at Detroit, Mich., then leaders of the bar of
the state. He continued his studies Mdth them until October
22, 1852, when, after a public examination by the judges of the
supreme court of Michigan, he was admitted to the bar. Di-
rectly afterwards he became a student in the law school of John
W. Fowler, at that time located at Balston, in New York, and
afterwards removed to Poughkeepsie in that state. He enjoyed
at this school the special advantages of the instruction which
Mr, Fowler gave in elocution and in the related exercises. With
very great gifts in public speech, and trained in all of the ways
of a popular orator, this gentleman was one of the most useful
and successful teachers. He not only gave instruction in the
• 'xercises of declamation, but taught his pupils to think upon
(heir feet; to prepare themselves by abundant study, and then
express themselves at a moment's notice in the presence of
others and under the direction of his critical skill. Timid, hesi-
tating, inefl'ective, and disconnected sjjeech was, under his train-
ing, developed into direct, strong, vigorous, and impressive de-
livery, not after the pattern of his own style, but according to
the natural modes of the P'lpil, when trained and cultivated.
He never had a more apt and enthusiastic scholar than Air. Pop-
pleton.

In April, 18.^:^>, the young man roturned to Detroit, ami hi-.-anie

t^)8 XKBKA.SKA STATK HISTOKICAL SOCIETY.

a partner iu a law firm which was mostly engaged in a collection
business, and remained there until the first of October, 1854. At
this time California held out many promises to young men, and
Mr. Poppleton listened to them. He turned his face to the west,
and on his way reached Omaha October 13, 1854, just about the
time government was being set up in Nebraska. Omaha was
just being settled; its resident population was very small; most
of those who claimed citizenship really live,d at Council Bluffs
and in other towns in Iowa along the Missouri river. There was
something interesting to the young man in the work of planting
homes and in the institution of social and political order in a
new country which disposed him to remain for the winter, think-
ing at first that when he had seen the work completed he would
continue his way to the Pacific or turn his steps in some other
direction. One thing and another afterward fell out, which
determined him to remain and make his home for life in the new
territory. In 1855 he married Caroline L. Sears, by w^hom he
had three children.

The different acts of the executive in organizing the govern-
ment followed one another in rapid succession. On the 21st day
of October, 1854, preliminary to the election of a delegate to
congress and a territorial legislature, the acting governor, T. B.
Cuming, issued his proclamation for an enumeration of the in-
habitants. On the 26th of the same month he issued instruc-
tions to deputy marshals directing them in their duties of taking
the census. On the 21st of November he sent out a set of rules
for conducting the election, and on the 23d issued a. further proc-
lamation dividing the territory into counties, apportioning the
couucilmen and representatives among them, and ordering the
election. On the 20th of December he constituted the three
judicial districts, assigned the judges of the supreme court
thereto, and appointed terms for the courts; and on the same
day issued another proclamation convening the legislature at
Omaha on the 16th of January, 1855.

Mr. Poppleton had known and been a friend of the governor
in Michigan, and naturally was called to take part in advising

l-lJI.«iT TKRKITOKl'AL LEGISLATIKK OF NKHUASKA. 99

rbe executive in tliese several political acts. He was elected a
member of the bouse of representatives of the legislature. The
training which he had enjoyed fitted him for these new duties.
He had acquaintance with the methods and rules governing de-
liberative bodies; he was able to deliver himself of his views of
every question, no matter how unexpectedly it was presented,
and he had a keen enjoyment of the excitements and conten-
tions of the unorganized conditions of the new society. The first
motion ever made in any legislative body in Nebraska was made
by Mr. Poppleton in the first house of representatives for the
temporary organization of the house. There was a good deal
for the legislature to do. The whole system of laws common in
an American state were to be enacted, save such as had been in
outline provided by the act of congress organizing the territory.
In all this work he had a large part. Besides this, another mat-
ter deeply concerned every one: that was the permanent loca-
tion of the capital, which by the organic act was committed to
the first legislature. Whether such a matter be considered
trivial or not in a mature and settled state, it was thought to
be of the first consequence at this time, because it was supposed
That to the seat of government would be drawn the attention
and interest of persons seeking homes in the region now first
open for settlement. We cannot enter minutely into the plans,
methods, and influences which finally secured the location of the
<apital at Omahn, but in them all Mr. Poppleton engaged with
all the power of his nature; and it is not too much to say that
as much as any man he contributed to the result.

From this time almost until he was stricken down by a severe
sickness he gave his first attention to the upbuilding of Ne-
braska, .ludicial business in the courts was limited. There
were not many controversies carried into them, and the judges
were not very diligent in holding their terms, but there spi-ang
up at Omaha, as elsewhere in the territory, a popular tribunal
in which there were many contentions of great interest. The
public lands had not been surveyed and no land office of the gov-
ernmenf had been ojtened at which lilies could be secured. This

100 NEBRASKA STATE UlSTORICAL SOCIETY.

state of things continued until the spring of 1857, except that
government surveys of the lands along the Missouri river were
prosecuted to some extent. Almost everybody made a settle-
ment upon a parcel of the public lands and alleged a claim to it.
For a variety of reasons it was impracticable for many of the
settlers to remain continuously upon their claims, so that they
were exposed to the settlement of a second or third comer. To
protect themselves against this, they organized what were called
Claim Clubs. These popular tribunals have always been found
in new settlements. It naturally resulted that the owners of
adjoining claims sometimes disagreed as to their dividing lines,
and disputes arose between the first and subsequent claims.
Such controversies were dealt with before a meeting of all the
members of the club, who were supposed to listen to the evidence
and the arguments of the parties, and decide according to the
justice of the case. A good many controversies of this sort came
before the Omaha Claim Club, and were tried in this way. They
gave opportunity for the gifts of the young citizen, his powers of
persuasion and reasoning, and all that goes to make up a popular
orator. Mr. Poppleton threw himself into the controversies in
which he was engaged with all the zeal, energy, and power of
which he was capable. There was much that was amusing and
much that was serious. The whole thing was a school in which
the skill and the power of the orator and lawyer were trained.

In 1857 Mr. Poppleton was a member of the state legislature
which divided, a portion of the members setting up a pretended
legislature at Florence. Mr. Poppleton remained at Omaha
with the division recognized by the governor, and was elected
speaker and served in that capacity during the balance of the
session.

In 1858 Mr. Poppleton was mayor of the city of Omaha, being
the second person to hold that office. In the following spring,
after exposure in a severe storm, he suffered an attack of facial
paralysis, which "was followed by a protracted and dangerous
illness. Upon his recovery the use of one of his limbs was
greatly impaired, and he never recovered its strength. He was

1 IRST T?:RRIT0RIA1. legislature of .NEBRASKA. 101

absent from the life of the city for about eighteen months, and
returned to it with a vigor greatly reduced. Gradually he recov-
ered his position at the bar and enjoyed for many years a large
measure of health and strength. He was, however, always
obliged to exercise the greatest care of himself, and his habits
largely upon that account have been very abstemious. During
the time his strength was imjjaired he cultivated his love of
literature and engaged in the study of the best political and
philosophical works. When, in 1867, the state was admitted
into the Union, he received the entire vote of the democrats in
the legislature for United States senator; and but for methods
on the part of the adverse party which his friends have never
been able to reconcile with fairness and justice, he would have
been elected. In the following year he was the demoeratic can-
didate for congress, but was defeated. He has never since taken
any part in politics as a candidate for oflflce. Mr. Poppleton
inherited from his father an uncompromising faith in the prin-
ciples of tlie democratic party. This faith strengthened with
his strength and became a part of himself. During the war all
of his sympathies, hopes, and convictions were on the side of
the Union, and he believed that no measure was beyond the com-
petency of those charged with the administration which con-
duced to the preservation of the country. He held that the prin-
ciples in which he was reared and with which he was thoroughly
imbued called every citizen to the support and maintenance of
that Union which Andrew Jackson, in another exigency, had
declared "must be preserved." The conflict once over, he be-
lieved in burying all animosity. Soon after the war he obtained
from an ex-Union soldier possession of a military land warrant
issued to Jefferson Davis for services in the Mexican war. He
trturned the same to Davis at a. time when the north generally
was disposed to give the fallen chieftain very different treat-
ment, receiving in return a letter of thanks, signed by all the
members of the Davis family, including the infant children,
whose fingers were guided to make their signatures.

Tt has been one of the great doctrines of ISIr. Poppleton's faith

102 XEBEASKA STATE HISTORICAL SOCIETY.

that it is not the province of government to nurse by subsidies
or other like aids the interests of the individual; that it was far
better for every citizen to rely upon his own eflforts, and as an
indiscriminate charit}' leads its objects to depend thereon rather
than upon their own industry and thrift, that the government,
in dispensing favors in aid of its citizens, only helped in the end
to bring them into a dependent and impoverished condition.
This was the fundamental principle of his political faith, and he
applied it to all questions of public policy, however they arose.
During this period of his life, extending from 1S02 to 3878, he
was devoted with all his heart and soul and strength to his pro-
fession. He loved it for its ow^n sake, and for the good it ren-
dered to society. He held before his eye a high ideal of the
lawyer and yielded to no man in his devotion to the law. The
period which has been indicated was probably the best part of
his professional life. In December, 1863, he was retained by the
Union Pacific Eailway Company and continued in its service
until 1888. Most of his time after 1869 was given to the com
pany in whose official list he bore the title of general attorney^
having in his charge all its western business; that is to say, in
the states of Nebraska, Iowa, Missouri, Colorado, Nevada, and
Oregon, and the territories of Wyoming, Montana, Utah, and
Idaho. He conducted its important controversies in the courts
personally, giving to them his best strength. After 1878 his
duties became so arduous that he was obliged largely to with-
draw from the courts and confine himself to the general direc-
tion of the legal business of the company.

He argued many important cases in the supreme court of the
United States and arrested the attention and held the highest
esteem of the judges of that tribunal. His reputation was ad
vanced to a high point, not only in the west, but through the
country. One of his best efforts was the writing of ''The de-
fense of Oakes Ames against the charge of selling to mem-
bers of congress shares of the capital stock of the Credit
Mobilier of America with intent to bribe said members,"' which
was read in the house of representatives by the clerk. It pro-

FIRST TEKKlTORIAi: LKOISLATfHK OF NKHItASKA. 10.'?

duced a strong iinpressiou aud disposed the members to look
upon the offenses charged against Mr. Ames in a new light.
The exigency seemed, however, to call for a victim, and the re-
sult was the censure of the accused. This, however, was a la-
voiable jnodification of the report of the investigating com-
mittee, which recommended expulsion.

The writer of these lines has recently read that paper and has
been greatly impressed by the clearness of the statement, the
cogency of the reasoning, and the persuasiveness of the appeal.
Not long after its delivery he was told by Mr. Sidney Bartlett,
the leader of the bar of this country, that he considered it one
of the best pieces of modern advocacy.

Mr. Poppleton's official connection with the Union l'ucili(-
Railway Company and his good standing and influence with the
magnates in the east who controlled the destiny of that corpora
tion made it possible for him to continue to render the most im-
portant service to the city of which in 1854 he was one of the
founders. By 1873 the fixing of the Union Pacific Company's
terminal plant, offices, and equipment at Omaha was finally
decided upon and settled. In regard to Mr. Poppleton's share
in this result, the most beneficial to Omaha of any event in its
history, the following words from the Omaha Herald of that
time speak:

'* While we rejoice it is but proper that a few words should be
said in behalf of the citizen to whom this people owe much for
his intelligent, steady, and well directed efforts to bring about
the results over which every man in Omaha is rejoicing.

"Andrew J. Poppleton is the one man who, more than any
olher, has piloted the people through these railroad complica-
lions to their present final settlement and security. We say
Ihis as a matter of sheer justice to Mr. Poppleton. without going
into details to show how richly he deserved it."

Mr. Po])i)leton was from time to time called ujton to deliver
nddresses upon many interesting occasions. Among them may
Itr mention(Ml a maiden address delivered before the Agricultunil
Societv of Oakland Countv. Michigan. a( Hie nuc of twenlv «\vo;

104 NEBRASKA STATE HISTOUICAL SOCIETY.

a lecture ou Edmund Burke; an address before the general con-
vention of the Beta Theta Pi fraternity at Indianapolis, Septem-
ber 5, 1878, on the Unsolved Problem, having reference to the
unequal distribution of property; an address on Character, de-
livered before the Nebraska State University at commencement,
June 27, 1877; an address before the Nebraska State Bar Asso-
ciation on the Lawyer in Politics, and addresses on the occasion
of breaking ground in Omaha for the construction of the Union
Pacific Railway; the presentation of colors to the contingent
supplied by Omaha to the army of the Union; the laying of the
corner stone of the present Douglas county court house; the
memorial meeting of citizens after the death of the Right Rev.
Robert H. Clarkson, Episcopal bishop of Nebraska, besides a
largo number of other addresses and speeches delivered on oc-
casions of public or social interest. Many old residents will
remember his appeal at a, mass meeting of citizens for aid for
those rendered destitute and homeless by the great Chicago fire.
He possessed a full vocabulary, a glowing style, and elevated
sentiments, as a perusal of those addresses will attest.

Mr. Poppleton retained his connection with the Union Pacific
Railway Company until February, 1888, when he was obliged to
resign on account of failing health, carrying with him from the
officers and directors warm and recorded expressions of their
confidence, esteem, and appreciation of his long and faithful
services.

During the spring following his resignation he sought recrea-
tion in travel, visiting the City of Mexico, where he was accorded
the privilege of meeting the judges of the supreme court of that
republic. Returning to Omaha he again took up the practice
of law, intending to engage only in the more important cases.

In 1890, at the earnest solicitation of Mayor R. C. Gushing,
he accepted the office of city attorney of Omaha, serving therein
for two years. In advising the city authorities Mr. Poppleton
gave free access to all who desired his counsel and applied to all
questions democratic principles of economy and strict observ-
ance of law. During the greater part of his term he was without

KIRM'J' 'lEURlTOKlAl. T.ECilSI.ATl RK OF NEBRASKA. 105

an oflScial assistant, but succeeded in bringing to a final disposi-
tion in the courts 106 cases brought against the city, besides
performing all the advisory duties of th^e oflQce.

In 1891 and 1892 Mr. Poppleton was engaged as one of the
leading counsel in behalf of the Chicago, Rock Island & Pacific,
and Chicago, Milwaukee & St. Paul Railway Companies in liti-
gation before the. United States courts with the Union Pacific
Railway Company, the result of which was to break down the
Union Pacific bridge barrier and secure to the companies named
the right to use the bridge and tracks of the Union Pacific at
Omaha on reasonable terms for the purpose of bringing in and
through the city their freight and passenger traffic.

On June 12, 1878, he received the degree of Doctor of Laws
from the University of Nebraska. In June, 1895, he received
the degree of Master of Arts from Michigan University.

He was one of the organizers and the first president of the
Omaha board of trade and the present Omaha Bar Association.
He was an organizer and a president of the Law Library Asso-
ciation, and also one of the organizers, a president, and long a
director of the Omaha Public Library.

In 1879, Mr. Poppleton, in connection with Mr. J. L. Webster,
made an earnest effort to secure the release on a writ of habeas
corpus of Standing Bear, a Ponca chief, and his tribe, who had
been unlawfully dispossessed by the government of their homes
in Nebraska and were being transferred to Indian Territory
under military custody. This case was exhaustively argued and
is a ''cause celebre" in the history of our Indian affairs, and was
the first instance in the judicial history of the United States in
which the writ of habeas corpus was invoked and obtained on
behalf of a tribal Indian.

In 1890 Mr. Poppleton was elected a trustee of Union College,
Schenectady, N. Y.

In 1891, in his dual capacity of director of the Omaha Public
Library and city attorney, he aided in securing the acceptance
by the city of the Byron Reed bequest for public library pur-
poses, and tlie voting of bonds to carry out its provisions.
s

lOG XEBKAHKA STATE HISTORICAL SOCIETY.

Mr. Poppleton served in many citizens* associations and com-
mittees. He has always been especially interested in quesitions
involving the Omaha city charter and the status and future of
Omaha as a railway center and manufacturing and distributing
point. A firm believer in the future of Omaha, his surplus earn-
ings were invested almost without exception in Omaha, and
Douglas county real estate, and the erection of buildings therein,
resulting in the accumulation of a large fortune.

In 1871 he was one of the original promoters of the building
of the Grand Central hotel, the first large hotel built in Omaha,
and later joined with Edward Creighton and others in loaning
$100,000 to the hotel company for the purpose of completing the
enterprise.

Mr. Poppleton was one of the original incorporators of the
Pacific Express Company and Interstate Bridge and Street Rail-
way Company, and at the time of his death was a stockholdet*
and director of the First National Bank of Omaha.

About the first of January, 1892, his eyesight began to fail,
and in a few months was completely lost. This misfortune was
accompanied during the summer by general illness. Later he
recovered his general health and engaged in affairs as far as
was possible for one suffering his affliction.

Mr. Poppleton possessed literary tastes and derived a great
consolation from their indulgence. He was the owner of a large
and valuable private library, especially rich in historical works.

He was never a member of any church. He contributed, how-
ever, to the support of church organizations and has always
possessed warm friends among clergymen.

Mr. Poi)pleton died at his home in Omaha on Thursday, Sep-
tember 24, 1896. His illness was of short duration and his death
was most unexpected when it occurred.

The following is from the tribute paid to the memory of Mr.
Poppleton by the Hon. James M. Woolworth at a meeting of
the Douglas county bar held September 28, 189(3:

"A long, useful, and honorable life has come to an end; it was
a happy life, barring some of the pains and troubles which are

FlUfiT TERKITORIAL LKCISLATUKK OF NKP.RASKA. 1(1/

more or less the lot of all — even the most fortunate. We can-
not suppress our sorrow; it is part of our humanity to grieve
when one is taken from us who has had part in our lives ; but in
the end of a career of good report that we ourselves have seen
in its whole course there is rejoicing in the midst of mourning."
In closing Mr Woolworth said: "Mr. Poppleton's pride was his
profession. His great motive was to contribute to its fame.
His desire was to live to a great age and give his years to the
last to its exercise and service. He had no other ambition.
When he saw his end drawing near and he and I were about to
separate never to meet again on this earth, prostrate as he was,
his voice, strong as ever, gave me his high command, 'Hold up
the standard.' If I have ever done anything for the profession
to which he and I have given forty years of life together, the
most I now can do is to keep on our way and pass on to you, my
brethren of a younger generation, his great words, 'hold up the
standard.'

"Four years ago last April he called me to him to tell me of
his impending calamity of blindness. No one of all his friends,
except his wife and children, knew what was upon him. Per-
haps he remembered the sympathy of the days when, after his
first great sickness, he was struggling back into strength and
professional success. It was not long before the darkness came.
As with Milton, from his natural eye the beauties of the earth
and the heavens were excluded. To him returned not

" 'Day or the sweet approach of ev'n or morn
Or sight of vernal bloom or summer's rose,
Or flocks or herds or human face divine.'

"A long season of great distress followed; but when it was
passed he composed himself to his new conditions with a calm
and serene spirit. They were four years of happy life. He con-
soled himself with the pleasures of literature, communing with
the great spirits of the past, bent on high thoughts, and reason-
ing of the great problem of life and history. He dwelt in the
high places where the light first comes and shines the longest,
not in the valleys, where common men hold their way among
common things.

108 NEBRASKA STATE HISTORICAL SOCIETY.

"1 must say one word of another great happiness. In the
home were his treasures. God keep them now.

"Mr. Poppleton held strong opinions upon all subjects of
social and political order and the conduct of life. Reared by his
father in the school of Jefferson, he believed that the true func-
tion of the government was limited; and that as far as is con-
sistent with the equal rights of others, every man should be left
to the exercise of his powers, capacities, and faculties in such
ways and measures as he in his judgment believes will give them
their highest enjoyment. And he held in abhorrence the con-
trivances and assiduities of those who by statutes seek to create
wealth and make private gain of official opportunity. In pri-
vate life he believed that it is much the best for men to avoid
ostentation and hold a simple, frugal, and sincere way among
their fellows. For vice he had no tolerance. Good men he held
in reverence. Chief among his friends were Bishop Garrett,
when that great man lived among us, and Dr. Sherrill, who, at
his request, committed his body to the ground, earth to earth,
dust to dust, ashes to ashes. If I were to sum ujt his character
I would take the injunction of the apostle, who wrote to his peo-
ple: 'Finally, brethren, whatsoever things are true, whatsoever
things are honest, whatsoever things are just, whatsoever things
are pure, whatsoever things are lovely, whatsoever things are of
good report; if there be any virtue and if there be any praise,
think on these things.'

"With these virtues he clothed himself as with a garment; and
in such covering I verily believe he presented himself before the
Judge of all the earth."

A TRIBUTE TO MR. POPPLETON.
By Hon. J. Sterling Morton.
Thirty-eight years ago a democrat, just in the sunrise of a
strenuous and manly career, began with others in the first ses-
sion of the legislative assembly of the territory of Nebraska to
lay the foundations in Nebraska of civil government.

With other able and temperate, frugal and industrous pioneers

FIRST TERRITORIAL LEGISLATURE OF NEBRASKA. 109

be sought to establish on these plains an educated and jjrosper-
ous commonwealth. No man ever labored more faithfully in the
cause of democracy and good government; and Omaha and
Douglas county often honored themselves by honoring him, call-
ing him frequently to the highest positions of trust and respon-
sibility, and always with beneficent results to the community.
And in 1806, when the first state legislature selected United
States senators — without a caucus, and without solicitation on
his part — the democrats, twenty-seven in number and only seven
in minority, with hearty spontaneity gave every vote to Andrew
Jackson Poppleton. Again, in 1868, Mr. Poppleton was called
by the democracy of the state of Nebraska to make a campaign
for congress against Hon. John Taffe; and no one who heard Mr.
Poppleton in that series of speeches will ever forget his elo-
(juence. His well-trained mind, his vast natural ability, his tre-
mendous acquirements, his glowing earnestness which warmed
every word, and a presence which inspired confidence, made him
a master; and the majesty of his oratory at that time has never
been surpassed in the state. Truthfully, ably, conscientiously,
for more than thirty 3'ears Mr. Poppleton advocated the prin-
ciples and policies of a genuine democracy. As a propagandist
of the true economic and civic faith which can alone save popu-
lar government from overthrow and destruction, for nearly forty
years Mr. Poppleton has stood pre-eminent in the northwest,
and, intellectually, the peer of any lawj'er or publicist in the
American Union. •

But, alas, in the early afternoon of a most useful and success-
ful life, Mr. Poppleton is irrevocably bereft of the sense of sight
— stricken with absolute and incurable blindness.
"Those eyes, though clear
To outward view, of blemish or of spot,
Bereft of light, their seeing have forgot;
Nor to their idle orbs doth sight appear
Of sun, or moon, or star, throughout the year.
Or man, or woman. Yet he argues not
Against Heaven's hand or will, nor bates a jot
Of heart or hope; but still bears up and steers
Right onward."

110 NEBRASKA STATE HISTORIC^AL SOCIETY.

Therefore to Andrew J. Poppleton — shut out from the dear
light of day — this convention of democracy sends greetings of
grateful remembrance, acknowledgement of his valuable and
long services, and the assurance that the light of his labors for
justice, truth, and popular government, like an unclouded sun,
illumines our path towards the overthrow of class legislation
and monopoly.

SKETCH OF MAJOR J. W. PADDOCK, CHIEF CLERK OF THE FIRST
HOUSE OF REPRESENTATIVES.

By Hon. J. Sterling Morton, for the January Meeting, 1897, of the State Historical
Society of Nebraska.

Almost everyone remembers some time in youth when he had
the privilege of handling and looking through an old-fashioned
spy-glass, and recalls how the lenses were fixed in tubes that
shut one into another, and with what difficulty they were drawn
out and adjusted so as to extend the vision and make things
plainly visible which to the naked eye were mere shadows in the
far distance. And now, when I attempt to recall the personali-
ties and characters of the early days of the territory, the years
that have come between this time and that are so many lenses
which must be deftly steadied and arranged so that I can look
through them calmly and unweariedly at a given object upon
which I endeavor to fix the eye of memory.

Among the stronger and more rugged individualities of 1855
none was more prominent for its well-defined angles and its posi-
tive and granite-like unyieldingness than that of the chief clerk
of the house of representatives of the first legislative assembly
of the territory of Nebraska, which convened at Omaha in Janu-
ary, 1855. His name was Joseph Williamson Paddock. He was
one of the first pioneers to arrive upon the Omaha townsite in
the early autumn of 1854. He came from St, Lawrence county,
New York. Prior to leaving his native state he had engaged in
mercantile and manufacturing pursuits. He was a . man of
sound intellect and great self-reliance. Upon his own convic-
tions and in harmony with his own judgment, he was always

FIRST TERHITORIAI. LEGISI.ATIRK OF NEBRASKA. Ill

ready to act with promptness and decision. Kever have I
known a human being who was more honest with himself in all
his mental processes than was Major Paddock. His positivism
was fi^uently facetiously called "muleishness" by his more in-
timate friends, though everyone respected the integrity with
which he adhered to, and was willing to triumph b}', or suffer
for, any conclusion which he had arrived at upon any question
whatsoever, whether financial, political, or theological.

In the early days Major I*addock was possessed of a greater
number of readable books than most of the pioneers, and conse-
quently he passed a great portion of his leisure tim^ in study.
The equipoise and coolness of Major Paddock was seldom dis-
turbed. During the session of the house whereof he acted as
chief clerk there were sometimes quite turbulent and dramatic
situations. Among the most exciting and exasperating was a
debate between the Hon. A. J. Poppleton, of Douglas county,
and the Eev. J. M. Woods, of Xemaha county. In the course
of the discussion Mr. Poppleton declared that he could prove an
assertion which he made by the Hon. A. J. Hanscom, who was
the speaker of that honorable body. To this utterance the Rev-
erend Woods replied that he had no doubt as to the ability of
Mr. I*op])letou to secure the affidavit of Mr. Hanscom to the
state of facts alleged, but that that testimony, althongh sworn
to. would not change his (Woods') views in the case. For a
moment there was an evident disposition on the part of the more
timid people to escape from possible consequences of this clerical
inuendo as to the veracity of the honorable the speaker of the
house of representatives. But the chief clerk smilingly sat in
his place and really beamed so placidly upon the lawmakers that
like rays of sunshine his silent laughter quieted and soothed the
angry passions which w^ore tumultuonsly raging in the breasts
of members.

Major Paddock seldom made an enemy; he never betrayed a
friend. He never maliciously told an untruth. He never failed
to maintain and defend that which he believed to be the truth,
even at the risk of his own life. His genuineness was so univer-

112 NEBRASKA STATE HISTORICAL SOCIETY.

sally acknowledged, his lionesty of intentiou so genei-allj ad-
mitted, that his so-called obstinacy in maintaining his views
upon all questions became a great delight to his most intimate
friends. He was an optimist in the broadest and best sense of
that term. When, in the autumn of 1854, there were only three
or four small shanties and a few tents on the townsite of Omaha,
Major Paddock looked into the future and saw clearly, with the
eyes of hope and faith, the city which you now behold material-
ized in great blocks of buildings, long avenues paved wath
asphalt, and environed with all the concomitants and means and
methods ,of modern manufacture, commerce, comfort, and
luxury. He never doubted the ultimate development and thrift
of Omaha, of Douglas county, and the state of Nebraska. No
man by his Avorks ever showed a more sincere belief in the possi-
bilities — agricultural and commercial — of this commonwealth.

After his service as chief clerk of the house of representa-
tives, he was made the first clerk of the United States district
court for Nebraska. He served in that capacity from April,
1855, to July, 1858, discharging his duties with that precision,
promptness, and fidelity w hich distinguished him in all positions,
public and private, during all the years of his life. When the
civil war between the states began, Major Paddock at once of-
fered his services to the country. He became a captain in the
first regiment of Nebraska volunteers and went to the front in
the early summer of 1861. His habits of accuracy, facility of
expression, and the legibility and uniformity of his handwriting
caused him to be detailed to the office of the adjutant general.
He was very soon made adjutant general on the staff of Major
General Fred Steele. In that capacity he served during the
greater portion of the war. Many a time however, promotion
was offered to him, but his characteristic adhesiveness and his
wonderful fidelity to friends compelled him to deny himself
higher rank in order that he might remain faithful to the inter-
ests and fortunes of General Steele. Nothing could tempt him
to leave the immediate service of that distinguished and most
gallant officer. Few men made a more consistent and enviable

FIRST TERRITOBIAI> LEGISLATURE OF NEBRASKA. 113

official recoid in tbe adjutant general's corps or sliowed so much
real altruism.

Reverting to ante-bellum times, it is perhaps well enough to
recall the fact that Major Paddock was a representative in the
territorial legislature of Douglas county and also a member of
the house of representatives of the first state legislature elected
in 1866, and that he likewise served as a member of the city
council of Omaha during the years 1869 and 1870. In this latter
service he was chairman of the finance and fire department com-
mittees. He originated the plan of a special cash fund out of
which supplies and equipment for the fire department were pur-
chased. He, in fact, laid the foundation of the splendid fire-
fighting force of the city of Omaha, which has been so long noted
for its efficiency. He did excellent work for the public weal,
likewise, as a commissioner of Douglas county.

Major Paddock also held a very confidential and important
position in the Union Pacific Railroad Company, and finally was
made government director by President Cleveland, and in this
latter capacity developed more strongly than ever his power to
grasp and understand large and far-reaching affairs.

Major I'addock was born and reared at Massena Springs, in
the sta^e of New York. His family, during nearly a century pre-
ceding his birth, had been distinguished in the Empire state
for its ability and prominence. His father. Dr. William S. Pad-
dock, was a distinguished physician and likewise for several
terms a state senator from ^t Lawrence county. He was the
associate and intimate friend of William L. Marcy and Silas
Wright. Therefore, in his youth and at his father's house. Major
Paddock was brought in contact with the best intellectual forces
of the Eni])ire state. In social life he was constantly in touch'
with the cultivated and highest type of the citizenship of his
immediate neighborhood. Thus it is obvious that by heredity,
by nature, by nurture, and by environment, and by acquirements
and labors. Major Paddock was entitled to be ranked among the
best citizens, not only of our own state, but of the republic. His
love of locality, his devotion to a single ])lace to be called

114 NEBRASKA STATP: HISTORICAL SOCIETY.

"home/' was beautifully and faithfully illustrated by the fact
that he took up, as a. pre-emptor, a piece of wild land nine miles
from Omaha. This claim had for his youthful eyes an irresistible
charm. It was wild, wooded, and well watered. There were
slopes, miniature valleys, and mimic hills covered with an under-
growth of straggling oaks and hazlenut brush and adorned here
and there with a fairly well-grown elm or hickory tree. Early in
]855 the major determined to make this tract of land his per-
manent home. It became to him a sort of .fetish. There was
nothing which could tempt him to give it up, to abandon its im-
provement, or to relinquish the idea that he was finally to settle
down upon that particular tract of land as a practical and con-
tented farmer. This was the dream of his life. His estimable
wife, — formerly Miss Susie Mack, also of St. Lawrence county.
New York, — vied with him in his love of rural life. His affec-
tionate regard for his family and his fidelity to them and to this
dream-home by the Papillion, are indices of his steadfastness in
all things. No sum of money could have purchased the farm.
Perhaps no other character in the early history of Nebraska bet-
ter illuminates the fact that a man who strongly and intensely
loves his home is necessarily an ardent lover of his country. The
home is the unit of the republic; the republic is the concrete of
the home. Therefore, when the war between the states began,
the homes of the country furnished the best material for the
preservation and maintenance of the flag and its honor and the
constitution and its protection.

Next after his love of family and home, Major Paddock's
strongest, most active, intense, and dominant characteristic was
patriotism. There is no prominent member of the Grand Army
of the Republic or of the military Order of the Loyal Legion who
has been at its gatherings in various states in company with
Major Paddock who will ever forget the fire of his eye, the flu-
ency of his voice, the strength of his utterances upon those occa-
sions of reunions between veterans of the war. Without osten-
tation. Major Paddock was an accomplished, an honest, and an
attractive gentleman. Without effusion or protestation he was
a firm and unyielding friend.

FIHiST TERHITOHIAL LEGlSLATrUK OK NEHUASKA. 115

The sui'viviug members of his family are Mrs. William E.
Aimin. of Washington, D. C. — wife of the famous correspondent
of the Daily Ledger of Philadelphia, Daily Tribune of Salt Lake,
and the Daily Journal of Lincoln, Neb. — his widow, and his son,
Ben Paddock, of Chicago. He left to his true and loving wife,
the competent mother of his children, and to his son and
daughter a name and a memory fragrant of good deeds and gen-
erous impulses.

His record for ability, fidelity, and integrity in civil, and his
career of self-sacrifice and courageous patriotism in military life,
are a legacy which in all time to come will be valued beyond
price by his descendants and his countrymen.

SKETCHES OF xMEMBERS OF THE LEGISLATURE OF IBor).
By Hon. Samuel E. Rogers.

Omaha, January 12, 1897.
]\[r. Jay Amos Barrett,

Dear Sir: 1 had fully made up my mind to attend the meet-
ing of the Nebraska State Historical Society this evening, but
owing to the snowstorm now prevailing have changed my mind.
I herewith present recollections, briefly stated, of each member
ef the legislative council of 1855, hoping that this may in some
measure make up for my absence. I also enclose, in compli-
ance with your request, a statement in regard to F. Davidson,
of the house of 1855. Yours truly, Sam'l E. Rogers.

Samuel E, Rogers was born February 11, 1822, in Fleming
County, Ky. Married October 14, 1841. Graduated July, 1848,
It Wabash College. Was licensed to practice law in supreme
(ourt of Illinois in 1853. Was a member of the city council of
Ihivanna, 111., in 1853 and 1854. Also i)Ostmaster under Presi-
dent Pierce at Havanna, 111. Visited the towusite of Omaha
August 27, 1854, went back to Illinois for his family, and crossed
Iowa with wagons and teams and arrived in Omaha October 28,
JS54. Was twice elected to territorial council, in which he

116 NEBRASKA STATE HISTOKICAL SOCIETY.

served iu 1855, 1856, 1857, and 1858. Was one of the original
proprietors of Brownville, in whieli he had a one-fourth interest.
He went to Cincinnati in the spring of 1855 and had a sawmill
built for Brownville by Hallabird & Co., which he shipped by
steamer on May 3, 1855.

George Ferguson and wife and two children, iu company with
Eogers and his wife, toolc passage on the same steamer. Fer-
guson was a competent engineer and mechanic, who was em-
ployed to set up and run the mill at Brownville, where the mill
and two families landed in June, 1855. Rogers opened up a
private bank on Douglas street in 1856, which was well patron-
ized, deposits running up to |125,00(), and otherwise prosperous.
The panic of 1857 set in iu the autumn of that year and the then
village of Omaha was at once almost deserted; the population of
about 2,000 was rapidly reduced to about 500 by the spring of
1858, by which time nearly all business was suspended.

From this time on until the State Bank of Nebraska was or-
ganized, he was engaged in handling real estate and in mercan-
tile business. Becoming one of the principal stockholders of
the State Bank, he succeeded Euos Lowe as its vice president,
which position he filled until the State Bank corporation was
succeeded by the Merchants' National Bank in the year 1882, of
which he is now and has been its vice president since the date
of its organization.

J. C. Mitchell, a blonde, small in stature, all fire and tow, was
erratic, impulsive, fiery in speech, hot-headed, and aggressive.
His dear Florence was his only hobby. He was ready to trade,
buy, sell, or swap, if he could thereby get advantageous legisla-
tion for his Florence townsite. He was eloquent in the descrip-
tion of his townsite, its happy location as a future railroad town.
He declared with emphasis that when railroads from the east
should seek connection with a future Pacific road up the Platte
valley. Pigeon creek was the most feasible route through which
railroads from the east could approach the ]Missoun nver.

FIRST TERKITORIAJ. LEGISLATURE OF NEBRASKA. 117

A. D. Jones was a fearless siieaker on all questions. He was
not given to diplomacy, but spoke right out whatever was on his
mind boldly, without fear or favor. In argument he was force
ful and often eloquent. He w:as not a schemer, a wire puller,
but always* open-handed and candid; you could always know just
where to find him on all questions. There was not a bit of in-
trigue in him. Partisan feeling ran high as between north of
The Platte and south of the Platte interests, but he manifested
no sectional feeling; at the same time he was a strong supporter
of Omaha on the question of the location of the capital.

M. H. Clark was a man of no mean ability, quiet in his depart-
ment, a plain but effective speaker; he seldom took the tioor in
debate, but was, nevertheless, a busy worker for the interests
of his constituents. In appearance he would have been taken
for a good, plain farmer. ^Vhen the question of capital location
v.as before the legislature many members were wrought up to
an intense degree of excitement. Not so with M. H. Clark; he
was as cool and deliberate as if a very ordinary question was
before that body.

Richard Brown was a hard worker in his quiet way, a good
conversationalist, but a debater of only ordinary ability. He
was a true and candid man, a perfect gentleman, but had not the
cheek to push himself to the front. As the proprietor of Brown-
ville, Nemaha county, in order to get such legislation as he de-
sired he several times cast votes with his north of the Platte
friends, notably on the capital question, as did others from the
extreme southern part of the territory. Bellevue, Omaha, Flor-
ence, Plattsmouth, and Nebraska City were each candidates for
the location of the capital, hence members from the exti'erae
north and south of the territory were often found voting with
members from the north Platte.

H. 1*. Bennet, active, impulsive, a ready otl-hand speaker,
commanded the respect of his colleagues and the good will of

118 ^'EBKASKA STATE HISTORICAL SO("IETY.

all members of the council. He was of medium stature, light
hair, his complexion varying from pale to florid to fit the state of
his varying intensity of feeling in debate. He was pleasant,
sociable, and affable with his associates. He was a strong
worker for south of the Platte and for the best interests of his
constituents.

H. Bradford, rotund in habit, with a wholesome farmer look,
was an active member of the council, a man of good sound com-
mon sense; his squeaky voice was peculiar, sharp, and without
compass; at the same time he was a good debater, intensely sec-
tional, so much so that he seemed to have but little care for any
other part of the territory than Otoe county, Nebraska City, and
the south of the Platte. This feeling, I must say, however, was
by no means confined to any one member of the body.

T. G. Goodwill: Xever a better man set foot on Nebraska
soil; honorable, refined, and genial in his deportment; no man in
the legislative council had more influence than he. He was tol-
erant, broad-minded, and generous. He was not a gifted public
speaker, but he had the power to make impressive arguments,
and statements so clear that he at once had a following; open
and candid, he despised small intrigue; he was cool and dispas-
sionate in times of greatest excitement over the capital location
and other questions.

Benjamin K. Folsom was a plain, honest man, brusque in his
manners, full of energy and tact, strong in his likes and dislikes,
one of the very best workers in the council, a strong north Platte
partisan. His strength was not in speech-making, but rather in
laying plans and wire pulling. In order that Burt county might
be represented in the first legislature, with wagons and teams
he took with him voters to his favorite county of Burt, which
was then destitute of voters, and at the first territorial election
had himself elected by a unanimous vote to the first legislative
council.

FIRST TKUKITORIAI. LKlilSLATl KK OF NKUKASKA. Ill)

O. H. CowLES was a very active member, a strong i^artisan, a
hard worker in behalf of the local interests of his constituents
and of the south of the Platte. He possessed much force of char-
acter; a fairly good debater. He was a practical man and a
good judge of human nature. Unobtrusive, but kind and social,
he commanded the respect of everyone.

Lafayette Nuckolls, a young man of nineteen years, tall,
lank, smooth faced; the expression of his countenance was unim-
passioned. He seldom attempted to make a speech. To look
upon him, you would make up your mind that he was a clerk in
some dry goods store. He was of the very kindest disposition,
was a true friend, a perfect gentleman. He claimed citizenship
in Nebraska, btit lived in Glenwood, la. He was not at all pug-
nacious, at the same time, when hot discussion was going on as
to location of the capital he kept in the drawer of his desk a
good-sized brick-bat ready for either attack or defense.

J. L. Sharp impressed me as being a keen, foxy man, am-
biti(ms to carry out his designs, one of which was to locate the
capital at Plattsmouth. In this he was defeated for the lack of
one vote. For a man of his age he was lithe and active physically;
in disposition he was cheerful and sociable; a little inclined to
be slovenly in dress. Toi one who was not acquainted with him
his pock-marked visage gave him a sinister look. He was a
iMisy, active worker. He presided over the legislative council
with dignity and impartiality.

(). ]). Richardson, the noblest Roman of them all; for a man
sixty years of age he was well preserved and youthful in appear-
ance. He was noble in stature, with a fine, dignified bearing,
classical and exact in speech; he was an attorney of large experi-
ence and good ability; was an ex-lieutenant governor of Mich-
igan; he was a diligent worker, and no other man had greater
influence in the legislative council than he. *

120 NEBRASKA STATE HISTORICAL SOCIETY.

Fleming Davidson, member of the first house, was a Virginian
hy birth; he stood six feet high in his stocking feet, was portly,
with a fine, well-developed physique; he was remarkably social
in his disposition and made friends wherever he went. He was
married on the 1st day of June, 1854, to Mary A. Brown, and on
the 5th day of Octobei- following, by wagon and team, he, with
liis family, left for the town site of Omaha, where he landed
October 28th. He was elected to the house of representatives of
1855, in which he served with ability and credit to himself. He
was the first man to engage in the ice business in Omaha, and
was a silent partner in the wholesale and retail mercantile house
of Hileman, Blair & Co. He was born July 27, 1827, near Wheel-
ing, Va. Three years thereafter his parents moved to Vermillion
( ounty, Indiana, where he was brought up as a farmer. In the
sixties he removed to California, where he engaged in farming.
He remained in California until the autumn of 1876, at which
date he, with his family, removed to Wichita, Ivan., where they
remained until his death, July 0, 1891. His widow and five
children who survive him still reside in Wichita.

BIOGKAPHY OF B B. THOMPSON.

BIOdKAFllY OF B. B. THOMI'SON.

Written ))y John C. Thompson, Omaha. Nehr.

Benjamin Baker Thompson, the door-keeper of the first house
<itl representatives of Nebraska, was born in Calloway County,
Missouri, February 5, 1834. He was the oldest son of Joseph D.
N. and Martha Baker Thompson, who came to Nebraska in 1854,
locating in Kanosha, now Kock Bluff, Cass County. Soon after
settling in that community an election was held, and his father
was chosen a member of the hoaise of representatives, ^^'heu
that body convened, and its list of officers was decided upon,
Benjamin Thompson's name appeared on the roll as doorkeeper.
This was the first political office he ever filled, but it has been re-
lated that the duties were performed satisfactorily. In August
©f the following year there was an Indian scare and Gen. John M.
Thayer went to the front with several hundred men to repel the
Sioux, who were reported on the war path. Under him was
Captain Fifield with a company of young fellows who were
spoiling for a brush with the red-skins. Among the number was
Ben Thompson, and as he was known personally to almost every
ftian in the company, it was but natural that he should be chosen
r.» fill some minor position. The first day's march brought them
TO the banks of the Elkhorn, where a halt was ordered. Tlu»
'acxt thing was to place pickets, a duty which Mr. Thompson was
detailed to perform. It was while in the discharge of this duty
rliat he received a wound that ultimately resulted in his death.
([(• had placed all the sentinels and was returning to camj), when
one of his own men chaUenged him. He stopped, advanced and
gave the countcH^sign, and was turning to resume his march to
t:amp, when the sentinel's gun was accidentally discharged, in-
flicting an ugly wound in his shoulder. lie was carried into the
9

122 XEBRASKA STATE HISTOKICAL SOCIETY.

camp and a surgeon was summoned. Through some oversight
that gentleman had not taken his instruments to the front. He,
however, volunteered to extract the bullet with an ordinary
butcher's knife, an offer which ]\Ir. Thompson refused to accept,
and which necessitated his carrying an ounce of lead in his shoul-
der the rest of his days. In the meantime, Mr. Thomjjson's pa-
rents had removed from Kanosha and had located in Brownville,
a town everybody believed was destined to be the metropolis of
Nebraska, and it was to that town he was removed after being
wounded. Upon his recovery, he was appointed to the office of
deputy sheriff, and it was while filling that position that his
courage was often ])ut to the test, and as often vindicated. In
February of 1858 he married Elizabeth Thompson. One thing
worth mentioning in connection with their marriage was the
fact that the groom was a member of the Know-nothing party,
which was opposed to the introduction of foreigners into this
country, while the bride was a late arrival from England.
Nevertheless, their union was a happy one. Before the outbreak
of the civil war, a baby girl and boy had come to bless their
union. Then Lincoln's call for volunteers was heard throughout
the' land, and Ben Thompson went home and told his wife his
country needed him to help maintain this X^nion one and indi-
visible. She could not let him go. Their boy was yet a. babe in
arms. If she consented to his going, who would provide for her
and for their children? He plead with her, and she, as thou-
sands of other wives had done, besought him to remain at home.
Finally the company was organized, citizens bade its every mem-
ber a fervent good-bye, and he turned homeward, the saddest
of the number left behind. Within a month, news of the battle
reached that little town. Sometimes they told of victories for
the North, at others for the South. Then came another call for
troops. Again he sought his wife and told her the president was
needing men. She hesitated at first, then told him yes. to go,
and that if she w ere a man she would accompany him.

On the 20th day of November, 1861, his name was on an enlist-
ment blank and he was mustered to the service of the Ignited

lilOGKAPIIV OF 15. }'.. THOMPSON. 123^

States in company G, Second Kansas cavalry, as a piivate. He
served in that capacity but a short time. On the 7th of January,.
1862, he was promoted to the office of sergeant, and on the 9th
of March, 1862, was promoted by the president to the oflBce of
first lieutenant of company G, Eleventh U. S. colored troops. He
served in that capacity until the 111th, 112th, and 113th U. S.
infantry were consolidated, whereupon he became a supernum-
erary, and as such was honorably discharged April 1st, 1865.
He was in action at Newtonia, Mo., October 4, 1862; at Cross
Hollow, Ark., October 18, 1862; in the battle of Old Fort Wayne,
October 22, 1862, and other battles. After the close of the war,
he lived two years in Argenta, Ark., and then returned to Brown-
ville, Nebr., where he lived until the time of his death. He held
several official positions in Brownville. He was elected treas-
urer twice, and was deputy postmaster for about eight years
under T. C. Hacker and D. O. Cross. Mr. Thompson died at his
home in Brownville, December 1, 1887, and was survived by his
wife and three children. He was universally loved and re-
spected by his neighbors, as was plainly attested by the members
of the G. A. R., who named their post *'Ben Thompson Post. No.
:'flO," in his honor.

NEBRASKA STATK HISTORICAL

LE(;iSLATORS OF 1855: BIOGRAPHICAL FRA(iMENT8.

By Jay Amos Barrett. Read before the Society January 12, 1807.

Those of us who have been born in modern times are not suj)-
posed to know much about tli(^ details of the session of 1855.
We must depend upon the journals of tliat legislature, and upon
the written accounts in books and newspapers. It may be said,
too, that the annals of the meetings, as told by the secretaries, is
not uninteresting reading, and the newspaper accounts are even
lively. I suspect that the secretaries knew right well how to
leave out what did not belong to a strict and unbiased chronicle.
For example, the account in the Council Journal of the pro-
ceedings of the flrst day is a very sober tale of assembling at
ten o'clock, in accordance with the proclamation -of Acting
Governor Cuming; of the election of H. P. Bennet as presi-
dent pro tcni., and Isaac R. Alden clerk j^t'o tern. A proclamation
of the governor telling who were elected members is barely men-
tioned, as is also the appointment of a committee to look at cre-
dentials and adjournment to 2 r. m. In the afternoon session
there are a motion to appoint Mr. Folsom temporary jjresiding
officer; withdrawal of the motion; report of the committee on
credentials; invitation from the house to attend joint convention
in order to hear the governor's message; the ceremony of admin-
istering the oath by the governor, at which Messrs. Bennet, Brad-
ford, and Nuckolls declined to be sworn; the message; the return
of the senators to their own hall; the request of Mr. Bennet to be
excused from the duty of presiding officer, and the election of
Mr. Folsom. Of course this account doesn't explain motives,
and one is led to wonder what made Mr. Bennet resign, and why
those members wouldn't take the oath from the governor. A
communication from Mr. Bennet himself to vou, which I shall

I,KGISI.ATORS OF 1855: BIOGRAPHICAL FUAGMENTS. 125

read shoitly, throws some light on the scene. The secretai-ies
left out of their descriptions the touches that would have given
the reader a picture of the scene. Here is an account of the first
day's proceedings that is nothing if not livelj'. It is from the
Washington National Era of February 8, 1855. You observe,
from the interval of time between January IG and February 8,
that the news had to go overland in those days, without elec-
tncity or steam.

"The first territorial legislature of Nebraska assembled at
Omaha on the 16th ultimo, and after a good deal of excitement
both houses were organized. Some seven members of the coun-
cil assembled early in the day and elected Judge Bennet speaker.
Cxovernor ( -uming appeared in the hall to make some communi-
cation to the council, and was called to order. His proclamation
declaring who were members was laid on the table. At two
o'clock another speaker was elected, Mr. Folsoni, but the tirst
would not vacate. After some contention, the last named gentle-
nuin gave up the place to the judge. In the house, Mr. Latham
was elected speaker. At three o'clock both houses assembled in
joint convention and the members were sworn into office by the
governor, after which he delivered his message."

Add to this the following paragraph from a letter of >«'. R.
Folsom, son of B. R. Folsom. The former was a young man of
-50, serving as doorkcejjor of the council for the session. He
writes :

At the first session my father "was elected temporary presi-
dent of the council. The South Platte members wanted a South
Platte man, and when father took the cliair there was rather an
exciting time. Mr. Lafe Nuckolls, a young member from Suutli
I'latte, ])ulled the butt of his r.'volver into sight, but did not fiilly
draw the weapon."

Mr. Nuckolls, I may say hrre, was ouly P». Mr. Hiclianlsou
was ()0, the average age of the members of the council being
about fO. In the house the average age was '?>'!.

At (his i>oint I may read you the communical ion fioni .ludge
Hennet, who liopeil very much to be h M-e. For f( ar that h;- might

12() NEBRASKA STATE HISTORICAI. SOCIETY.

not, he wrote a few things that came to his mind about that ses-
sion. In a letter of July 17, he says : "Now there may have been
much that occurred at tliat session which I have forgotten all
about, and perhaps some things that I would not like to tell, even
if I could remember. Forty-one years is a long time to keep
things in memory. However, I will try to overhaul the old things
in my garret and write your society what I can rake up. I would
like ever so much to meet with as many of the old boys of that
long-ago session as are yet spared, and will endeavor to be with
you, if possible, in January next." And at the end of a letter
written in September, he says : "If I can conveniently do so, I will
be with your society at its next meeting in January, in person as
well as in spirit, — in spirit surely." [Here the paper of Judge
Bennet was read. It is found in this volume on p. 88.]

Far be it from me to raise the question of the circumstances
which surrounded the election of members to that pioneer ses-
sion. In that connection, however, it will be in point to cite the
following from a letter written last May (1896) by W. W. Watson,
of Fairbury. "I note with interest the subject of the next an-
nual meeting of the society. The Douglas county members of
the legislative session of 1855 * * * were all of what were
known as the Omaha interest, opposed to the Bellevue claims for
the location of the state capital, the ticket put forth by the south
part of the county, now Sarpy county, having been 'snowed un-
der" at the polls. The south end candidates always attributed
their defeat to the Mills county, Iowa, vote being divided between
Plattsmouth and Bellevue, while Council Bluffs and Pottawata-
mie county voted solidly for Omaha, except one w^agon load of
electors who were detailed to hold an election in Washington
county, Nebraska. If the crossing of the Platte river had been
more feasible, the Mills county electors might have been able to
vote at Bellevue as well as Plattsmouth, and the result have
been different."

Judge James, of Council Bluffs, now as well as then, was one
of that wagon load of people who went from Conncil Bluffs to-
ward (he north star, until they had reached, as they supposed, the

l.KCl.SLATOR.^ OF 18.")."): HIOGHAPHKAI. I'KAGMKXTS. 127

■coutiues of Burt county. H. C. Purple, who was elected mem-
ber of the house from Burt, was also of the same number. It
appeared, after they had held the election, that they had not
reached Burt county at all.

Concerning Henry Bradford, or A. H. Bradford, member of
the upper house from Pierce county, along with H. P. Benuet and
C H. Oowles, I learned little. A. D. Jones, known to you all as
''Alf-' Jones, whose infirmity alone keeps him from being with us
on this occasion, tells how Bradford got after him on the bank
question. Mr. Jones did not believe in the banks and claims to
have been the only one who consistently opposed them through-
out that session. "In that exciting session," says Mr. Jones,
^'all members kept in fighting trim, and Bradford kept a brickbat
in his desk." He adds that Mr. Bradford was the only one who
did so. However, there is other evidence on that subject. Mr.
S. E. Rogers, now vice president of the Merchants' National Bank
of Omaha, said when I asked him about Mr. Nuckolls: "Oh, yes!
I remember him well. His desk was next to mine. He kept a
brickbat in his desk all the time." My own impression is that
there were more brickbats in hiding than any one member knew
about.

Richard Brown, or "Dick" Brown, as he was familiarly called,
is said to have been the first settler in the present Nemaha
county, after the extinguishment of the Indian title. A native
of Tennessee, he came to the territory directly from Holt county,
Missouri, August 29, 1854, and settled where now a village bears
his name, as a witness to his enterprise. Further, except for
his age, occupation, and politics, my record breaks off abruptly,

Tlw following is the obituary notice of Benjamin R. Folsom,
that was printed in the Jiuffalo Courier of November 21, 1882:

"Many readers of the Courier in Wyoming county will be
juiined to learn of the death of the Hon. B. R. Folsom, which oc-
curred at Tekamah, Nebr., at an early hour yesterday morning.
Mr. Folsom was born at Tunbridge, Vt., February 23, 1809, and
was for many vears one of the best known citi/.ens of Attica,

128 NEBRASKA STATK HISTORICAL SOCIKTV.

N. Y. He was several times elected as president of the village,
once without opposition, during his absence. He represented the
town of Bennington in the board of supervisors of Wyoming
county for a number of successive terms.' In the year 1854, he
removed to Nebraska, and assisted in organizing the territorial
government. He was elected to the state senate twice and t&
the assembly once, and was chosen to preside over the former
body at its second session. He was, at the time of his death, the
oldest settler in the state of Nebraska north of Omaha. Al-
though identified with the west since 1854, he had until recently
maintained a homestead in the village of Attica. In politics Mr,
Folsom was a staunch, unswerving democrat, never an office-
seeker, but always ready to do all in his power for the good of the
party to which he belonged. He leaves a family consisting of
a wife and daughter, INTrs. C. E. Ferris, of Omaha, and two sons,
N. R. Folsom, of Omaha, and Benjamin R. Folsom, of this city-
Silas Folsom, of Attica, N. Y., and Col. John B. Folsom are
brothers of the deceased."

T. G. Goodwill was a Bay State man by birth, l)ut he also came
to Nebraska from Attica, N. Y. In an obituary of him written
by Dr. Miller, of Omaha, occurs the following paragraph:

"^He was one of the leading members of the first territorial
council, and by his experience and sound sense, as well as liis
unflagging energy, contributed largely to the successful organi-
zation of the territorial government. He was also treasurer of
Douglas county, adjutant general of the militia, and an aldenuam
of the city of Omaha. In the decease of Colonel Goodwill onr
community has sustained * * * the loss of a high-minded
gentleman, an accomplished and <ible man of business, foremost
in all public enterprises, an energetic, manly, kind, and benevo-
lent citizen."

What fitting tribute can be paid to the genial Alf D. Jones?
It was my privilege last autumn to hear from his own lips the
story of his varied career. Born in 1813, three miles from Pliila-

LEGISLATORS OF 1855: RIO(JKAPHICAL FRAGMENTS. 129

delpbia, he lias lived to find that great city grown all about the
farm house of his earlj days. November 15, 1853, he crossed into
this country before it was Nebraska, after long service as a civil
engineer in Iowa. He had, indeed, laid out a number of cities,
including l^urlington and Council Bluffs, and to his hands fell
the work of laying oft' the future metropolis of Nebraska. When
a member of the council in the first, assembly, Mr. Jones was in
his 42d year, so that now you would find him as you wiuld expect
to find him, with snow-white locks of his fifth score. It shall
be left for some comrade of his to write his biography er(^ long,
in a manner befitting his long and active career.

Another member of the couucil. -K C. Mitchell, scimhs in be
known principally as the one who was made soh* c(mimissioner
to locate the capitol buildings. This was a very complex deal in
the location of the site of the territorial edifice, and Mi". Mitchell
was perhaps made the one commissioner because he could be used
better than a committee of more than one. The town of Flor-
ence is said to have been named by him in honor of his niece,
Florence Kilbourn, and there he is buried, together with his wife
and adopted daughter. I have been unable to find anything
further.

Origen D. Richardson, member of (he council from Douglas,
was very efiicient in the work of legislation, having been lieuten-
ant governor of Michigan previous to coming west. He was a na-
tive of that state, and shares with .1. I>. Kob«M'ts()n the distinction
of having been born in the ciglitccnth century. In the Michigan
Pionver Collections occur very many references to him, in connec-
tion with early Michigan history. He figured in Oakland county
affairs, and in connection with the town of Pontiac, he was re-
corded as one of the contributors toward the building of one of
the first churches in that town. He was lieutenant governor
during the presidency of the elder Harrison, and was mcnnber
ai the convention of .1836, during the excitement of the Toledo
War, as it was called. Tt is a cuiious cii-cumstance that one of

1-^0 XKBRASKA STATE HISTORICAL SOCIETY.

the defeated candidates in that campaign was the father of An-
drew J. Poppleton.

Concerning Josei>h L. Sharp, I know as yet very little. Two
sons and a daughter now live in Idaho, and from them I have rea-
son to believe a biography is being prepared. Mr. Hanscom, of
Omaha, who was speaker of the house, is able to narrate much
more graphically than I how Colonel Sharp came to be elected
president of the council. He was in western Iowa early enough
to take part in sending Hadley D. Johnson to congress in 1853.

In addition to what Mr. Bennet has written concerning Frank
Welch. I may add that he was a member of the council at its
ninth session, and was not only member, but also president of
our first state senate.

Mr. John Evans, of Omaha, and Henry Sprick, of Fontenelle,
have given some information about J. W. Richardson, member
of the house. He lived but three years after the close of the ses-
sion, and was buried at Fontenelle. His wife lived until 1803.

William P>. Hail, member of the house, was re-elected four
times in succession. He was killed in a railway accident a few
vears ago.

Of W. N. Byers, one of the most respected and well-to-do citi- \
zens of Denver, I need say little. He was listed as a surveyor \
in 1855; but there is a story of how he moved a printing press to \
Denver in a very early day, by ox-team, and how under his care ,
there developed a great newspaper, now called the Rocky Moun- j
tain News. 1 am told that it is only recently that he has ceased j
to edit it. \

Permit me to quote from a letter or two recently received from |
him. Under date of November 17, 1896, he writes: ''I fear that
I will not be able to attend your annual meeting in January
next, much as I would like to. Nor can I think of anything remi-
niscent of the first legislative assembly of Nebraska that would

J,EUI?;i,AT()KS OK ]8r)5: HIOtJRAl'HICAl. FRAOMKNTS. 181

likely be interesting,'. It was a large assembly for the first in a
nt'W territory, and it seems to me now that it was a very wasteful
and extravaj^ant one. This extravagance ran especially in the
line of printing, and before it adjourned the country surronnding
vhe capitol building was literally 'snowed under' with waste
pa{)er in the form of printed bills, journals, roll calls, reports,
and such like documents, for which there never had been any use
in the world. Some of the members, it was alleged, had not well
established residence in Nebraska, but were actually residents of
Iowa and Missouri. They crossed the river, held elections, and
went back to the above named states to sleep. However, that
assMnbly laid a gocid, broad foundation for what lias become
the great state of Nebraska.'"

Further, under date of December 31, he writes: "The copy of
the i>rogram for your annual convention is very interesting, and
the roll call of the first legislative assembly is like an echo from
the long ago. I value it especially. It would afford me great
pleasure to attend your annual, but I am still of the opinion that
I will be unable to do so. *' * * Perhaps another year I
may be able to enjoy a reunion with the Nebraska pioneers — than
whom there are none more patriotic, manly, and noble on earth.
Wishing one and all a most interesting, harmonious, and profita-
ble gathering, I beg to remain, yours most truly,

''William N. Byers."

William Clancy, mentioned in Judge Rennet's letter, was a
young man of 2~) from Council Bluffs, a merchant, it is said. Mr.
Jones* summary characterization of him is, that "he didn't
amount to much.'' He kept a saloon, eating house, and general
combination known as "The Big Six." During the gold excite-
ment he went to ••('liciiy Creek." near by which Denver very
shortly sprang into being. One of the streets of that city is
nannnl for him. Thence he went to ^lontaiia. Whether he died
there, as Judge Bennet heard, or whether lie may still be living
somewhere, as Mr. (Irennell thinks, seems inii)Ossible to deter-
niiiw. An incident is told of liini. jolly Iiislinnin that he was.

132 NEBRASKA STATK HISTORICAL SOCIETY.

that with an eye to the fancy prices of oddities in the East, he
trained six elk to the harness and drove them from Denver to
New York, only to find that the market was already overstocked
with them. He seems to have had more or less of a political
bent, for he was the only member of the lower house who was
afterwards elected to the upper. In both the third and fourth
sessions he was member of the council.

The last one of the members of that pioneer assembly of whom
I wish to speak was the first to die. He had not. however, out-
lived his usefulness here, and now, after the lapse of forty-two
years, he still has an unusual claim u])on our interest. The legis-
lature adjourned Mai-ch 1(1, 1855. In the Council Bluffs Chrono-
typc of April 17 followino', I chanced upon the following para-
graph :

''Dr. M. H. Clark departed this life yesterday morning at about
7 o'clock, at St. Mary's. The disease which has terminated thus
fatally was pneumonia. * "" * The deceased has long been a
resident of this western frontier, and was a member of the upper
house of the Nebraska legislature last winter from Dodge county.
We understand that the funeral services will take place in this
city to-day."

The intervening years have made it impossible 1o discover, thus
far, where there are relatives of Mr. Clark who can furnish the
facts of his life. My knowledge of him is confined to a few hints
gathered from sketches of early life on the banks of the Missouri,
and from the journals of the first assembly. The history of this
man is closely connected with the first election held in the coun-
try that was afterwai-d called Nebraska. Mi". Hadley D. John-
son mentions this election especialh-, in his article entitled ^'How
the Kansai^-Wchraska Line Was EstahlishedS' The election oc-
curred October 11, 1853, at Bellevue. Mr. Johnson calls the vot-
ers 'impromptu emigrants" from the east bank of the river. The
sole object of the election was the praiseworthy one of selecting
a, delegate to congress who should try to secure the organizathm
of the country west of the Missouri. Besides the election of a
delegate, who provide! to l»e. in fact, ]Mr. Johnson himself, the

LECJISI.AroKS OF 18.");"): BI0(;KAF111('AL FKA(iMEXTS. 188

offices of territorial governor, secretary, and treasurer were filled.
To the office of secretary. Dr. Munson H. Clark was elected.*

Thus it appears that Mr. Clark was active in securing the or-
ganization of the country west of the Missouri, and he was en-
titled as much as an3'one to a place in the first assembly of the
new territory when congress had created it. Mr. Johnson tells
us that this election in the autumn of 1853 was followed by public
meetings in Iowa and Missouri, and mentions Judge Bennet and
Dr. Clark in connection with "eloquent speeches" and "leading
citizens." To some of the oldest residents of western Iowa, when
the right ones have been found, we may look for an account of the
previous life of Dr. Clark, in the Missouri country. His record
in the council shows him to have been an able member. I cite
but one or two things to show the ability of the man and his faith
in the western country.

Only six days after the opening of the session, iNIr. Clark gave
notice of a bill to incorporate the Platte Vallej^ and Pacific Rail-
road,! and three weeks later this prime mover in the matter, as
chairman of the committee on corporations, submitted a report
that covers four pages of the printed journal. $ The report is
an exceedingly interesting document indeed, and were there
time, it would command great attention as a paper read to the
society. Its great argument is the i;)racticability of the Platte
valley as a route for a line of railroad between the East and the
West. He states that Colonel Leavenworth called attention to
the "importance, practicability, and expediency of constructing
a railroad by way of the Platte valley to the Pacific." Rev. J.
I Parker, J. Plumber, Colonel Fremont, Mr. Whitney, Captain
I' Stansbury, and a thousand others, he says, have urged the same
i thing. The report gives statistics to show how important this
i railroad would be. I am sure you will be interested in the last
two short paragraphs of the report, because they go far to show
the mind of the man.

»A" extra volume is soou to be issued by the State Hist'rical Society winch will deal
with the years 1852 and 1853, and incidently with this ecctitm. The election at Belk>-
vuc comprised only one precinct of a fieneral election in an unauthorized Nebraska
Territory centering in Wyandotte.

t P. 16, C. Journal. t I'P- 65-69.

134 NEBRASKA STATE HISTORICAL SOCIETY.

"This gross income could only be secured after several years of
business; but it is easy to see that the vast amount of trade and
travel, which does not follow the tedious route bj^ the ocean,
would immediately pass through this new, safe, and speedy chan-
nel of commerce. The millions of Europe would be brought into
contact with the hundreds of millions of Asia, and their line for
quick transit would be, to a great extent, across our continent.
Their mails, their ministers, their most costly and interesting-
travel and trade would take this route, and augment our business
and multiply our resources.

"In view of the comparative cost, to the wonderful changes
that will result, your committee cannot believe the period remote
when this work will be accomplished; and with liberal encour-
agement to capital which your committee are disposed to grant,
it is their belief that before fifteen years have transpired, the
route to India will be opened, and the way across this continent
will be the common way of the world." (68-69.)

Two months from the morning on which this prophecy was
made, the man who made it ceased his labors here. In fourteen
and one-quarter years, on May 10, 1869, the last spike was driven
in the great transcontinental railway, and the East and West
were united by the bands of steel for which that primitive rail-
road company had sought.

The indistinct and fragmentary picture that comes to me from
that remote scene ^'-' '^-m- liistory, presents him to me as a sort of
embodiment of the restless, energetic, progressive spirit of the
early makers of the middle West, the actual development of
which has far exceeded their brightest fancy.

LEGAL RESITLT!^ OF PHK TI<)^KKI{ SESSI(»N.

THE KESI LTS OF THE PIONP^ER SESSION FROM A
LEGAL POINT OF VIEW.

l>v Hon. M. B. Reese. Read before the Soeiety Jatmarv :!. 18',t7.

It is decreed by the ]>ower.s that be that the subject ot ihis
paper must be "The Results of the Pioneer Session from a Legal
Point of View." From all appearances we should say that the
first session of the territorial legislature was a busy one. That
session convened at the city of Omaha, the then capital, on the
16th day of January, 1855, and so far as I have been able to learn,
the last date of the approval of laws was on the 16th day of
March of the same year. The method adopted for the enactment
of laws was in some respects unusual, and shows that that body
of statesmen, upon whose shoulders rested the burden of laying
the foundation stone upon which to erect the structure of the
state of Nebraska, was not averse to rest and probably having a
good time, so that many of their laws were enacted by wholesale,
and doubtless at wholesale rates. As an illustration of this we
need but notice the act which first appears in the volume of laws
issued as the result of that session. This act is entitled ''An Act
Adopting Certain Parts of the Code of Iowa." The act consists
of two vsections. The first section is ''That the following chapters
of the Code of Iowa, passed at the ses^sion of the general assembly
of the state of Iowa in 1850 and 1851 and approved the 5th of
February, 1851, be and are hereb.y adopted and declared to be in
force as law in the territory of Nebraska, so far as the same' are
applicable and not inconsistent with any laws passed at the pres-
ent session or with the organic law of said territory, to-wit:"
Here follows an enumeration of the chapters which are adopted,
but few of which need be here copied. They run as follows:
Chapter 3, section 26, entitled "Constructions of Statutes;" ditto
58;' ditto "Notes and Bills," (^to. SiM^tion 2 is as follows: "S(>r. 2.

136 .NEBRASKA 8TATK HISTORICAL SOCIETY.

This act to take effect from and after its passage." The whole
matter of prei^aring the chapters referred to and publishing them
as a part of the law of the territory devolved upon some func-
tionary of the government, and they were copied into the terri-
torial laws, occupying one hundred pages of that publication.
Who did this, or by what authority it was done, it is not necessary
now to inquire. It is quite plain, however, that the legislature
spent none of its valuable time in trimming up and otherwise em-
bellishing the laws of Iowa in order to render them applicable to
territorial conditions. The territory then consisted of the coun-
ties of Burt, Washington, Dodge, Douglas, Cass, Pierce, Forney,
Richardson, and probably Jones. However, it appears that on
the 10th day of December, 1854, Jesse Lowe, deputy United
States marshal, in obedience to a commission issued by Acting
Governor T. B. Cuming, made a report that no person lived in the
countA^ of JonevS, ''unless a few living in the neighborhood of Be-
lews precinct in Richardson county, and who would naturally
vote at said i3recinct," and therefore he was of the opinion that
no apportionment should ba made to Jones county. With Jones
county lost, or otherwise not accounted for, the council consisted
of thirteen members, one from each of the counties, excepting
Douglas, which had four, and Pierce, which had three. Tlie
house of lepresentatives was composed of twenty-six members,
two from each of the counties, excepting the counties of Douglas,
which had eight, Cass, which had three, and Pierce, which had
five. The legal effect of this enactment can only be considered
with reference to the results desired, as we know this whole
body of law, thus enacted, constituted a part of the law of the
territory until the year of 1857. In this collection we find some
provisions which to our minds have never been improved upon,
and are much better and more reasonable than the laws enacted
in their stead. The widow's dower in the real estate of her de-
ceased husband was declared to be one-third in fee simple. This
law was repealed by the act of 1857, and we now have a dower
of one-third during the life of the widow. No improvement.
We notice in that law the qualification for jurors which has

J.EGAL RESUI/r8 OF THE PIONEER SESSION. 137

been lost by the carelessness or ignorance of subsequent legis-
latures and tile efflux of time, which we would do well to recap-
ture. It was provided by section 211 of that act that "All quali-
fied electors of the state of good moral character, sound judg-
ment, and in full possession of the senses of hearing and seeing,
are competent.-' Just think of it! Twelve men rounded up in
one body, all of whom were of good moral character and sound
judgment. Evidently, by the provisions of that act none else
would do. "Sound judgment" was an essential element. Were
it not that we are fully persuaded that the judges of those days
were composed of an excellent quality of clay, we would be com-
pelled to say that the jurors filling the measure of that section
were upon a higher plane than the judges, for experience has
taught those of us who have acted in judicial capacities, as well
as those who have not, that "sound judgment" is not always at-
tained, even upon the bench. However, let us be glad that in
those days their juries were sound, — take courage and press on.
By the act referred to the legislature adopted that portion of the
Civil Code of Iowa which prescribed the manner of commencing
actions or suits, and for one year, at least, the territory of Ne-
braska had a sensible law upon that subject. It has never had
one since.

The process or writ by which jurisdiction over the individual
was obtained was called an original notice. It was prepared by
the party plaintiff or his attorney, and served upon the defendant
either within or without the limits of the territory by reading it
to the defendant and giving him a copy if demanded, or if not
found by leaving a copy at his usual place of residence with some
member of his family over fourteen years of age. It could be
served by any person not a party to the suit. By it the defendant
was informed that on or before a day named therein a petition
would be filed in the court containing a prayer for the relief de-
manded.

Whether we can say that our present law upon that subject is
the "Results of the Pioneer Session" may be a matter of doubt,
but certain it is that if it is, the results have been bad. By our
10

188 NEBRASKA .STATE HISTORICAL SOCIETY.

present law, iu order to commence an action in the district court,
a petition must first be prepared. Then it must be sworn to.
The clerk must then be found at his office and it must be filed.
If a precipe accompanies the petition and there is money enough
upon the person of the attorney to pay the fees for filing the peti-
tion a summons may be issued by the clerk. The next step is to
find the sheriff, for no other person can serve that precious bit
of paper excepting that functionary or some one dul}' appointed
to do so under his hand and endorsed upon the summons. This
all being done, we are ready for the service, but if the proposed
defendant has conceived the idea of absconding he is perhaps a
hundred miles away before this cumbrous machine can be put in
motion. In this the wisdom of the present day is not made
manifest.

The law of the foreclosure of real estate mortgages as con-
tained in that wonderful bill provided no other proceeding than
simple notice and sale, all procedure in courts of justice being
entirely omitted. Upon this we have made "valuable." and it
is to be hoped, ''lasting'' imi>rovements by requiring a procedure
in court and giving the unlucky mortgagor sometliing of a chance
for the redemption of his property.

The law as to the competency of witnesses in judicial proceed-
ings was made after the good old democratic plan, and "an
Indian, a negro, a mulatto, or black person" was not allowed to
give testimony in any case wherein a white jjerson was a party.
This was a shadow of the American Dark Age, which was cast
upon our fair territory.

The prohibitionist would say that the law enacted by that legis-
lature upon the subject of manufacturing and selling intoxicating
liquors was about right, for a very stringent prohibitory law of
but few sections was enacted. By that act the manufacture,
giving away, or by any manner of subterfuge trafficking, trading,
exchanging, or otherwise disposing of intoxicating liquors within
the territory, to be used as a beverage, was prohibited under se-
vere penalties.

Among other things enacted by that legislature was a law for

LEGAL KESl'LTS OF THE J'lONEER SESSION. l.'W

tbe admission of attorneys to practice at the bar of courts. The
principal requirement was 21 years of age, satisfactory evidence
of a good moral character, and passing an examination, in what
is not stated, before a judge. Those essential elements being^
present, the lawyer was made. The "results" of this legislation
was the immediate immigration from adjoining states and terri-
tories of those without other preparation than the requisite age
and moral character to this territory. They were admitted to
the bar and returned to their homes fully prepared to aid the
courts in those states and territories in the administration of
justice.

The enterprise of that body was further manifested by the
adoption of a criminal code. The act by which the criminal
code was adopted was entitled "An Act Kelative to Criminal
Laws." The body of the act provided that "The fourth part of
the Code of Iowa, given on page 349, as published in the author-
ized edition of said Code, so far as practicable and not inconsist-
ent with the laws of this territory, be and the same is hereby de-
clared to be in full force and effect in this territory." Thus
by the enactment of this short section Nebraska became pos-
sessed of a criminal code of 803 sections, providing punishment
for all the crimes known to the law of Iowa. This act was ap-
proved March 15, 1855. This immense body of criminal law re-
mained in force until probably about the 13tli of February, 1857,
when it transpired that an unlucky member of the human race
had committed the crime of willful and deliberate murder and
employed a wideawake, enterprising, and vigorous attorney to
conduct his defense. This attorney, upon an examination of his
client's case, discovered that the evidence of guilt was conclusive
and the presumption against his client great. There was no
help nor hope of escape with that Iowa law staring him in the
face. He turned his attention to politics, became a candidat*^
for legislative honors, was elected, and in the conscientious dis-
charge of his duties as a legislator he introduced a bill entitled
"An act to repeal certain acts of tbe legislative assembly of Ne-
braska passed at the first session of the said assembly." Tliis

140

NEBRASKA STATE HISTORICAL SOCIETY.

act was short. Its provisions were as follows: ''An act entitled
'An act adopting certain parts of the code of Iowa/ approved
March 16, 1855, and also an act entitled 'An act relative to crimi-
nal laws,' approved March 15, 1855, be and the same are hereby
repealed." The second section of this law simply provided that
the repealing act "should take effect and be in force from and
after its passage." This is called an emergency clause. You
see, an emergency existed. The bill was promptly passed and the
whole of both civil and criminal codes of the territory were swept
out of existence. In justice to the memory of the then governor,
it should be here said that he vetoed the bill, but that the neces-
sary two-thirds vote was forthcoming, and his veto did noi count.
For one year it is said that the territory of Nebraska was without
either a civil or a criminal code; and tradition informs us that
during that period of one year civil rights were duly respected
and less crime was committed in proportion to the population
than during any other year in the history of the territory or state.
Of course, the luckless defendant who had taken the life of his
fellow man was promptly discharged and permitted to return east
to visit his friends or ''go west and grow up with the country,"
as might suit his fancy. The enterprise of his counsel was fully
rewarded. A civil code copied after the code of Ohio was subse-
quently adopted and this code with its many imperfections is
with us yet. Our lawmakers not being satisfied with Iowa rules
in criminal cases, afterwards adopted the criminal code of Illi-
nois, but Ohio had been heard from. The home of statesmen had
sent her sons into Nebraska, and in 1873 the Illinois code was re-
pealed and the Ohio code adopted. In regard to the criminal
code, this Ohio code was an improvement upon the one we had
previously enjoyed. We will probably retain it as the result of
the perfection of human wisdom in criminal matters.

Referring to the laws passed by the pioneer ses>ion, aside from
the two codes mentioned, but little of those enactments remains
with us. The legislature seems to have been very busy in pro-
viding and creating corporations and naming towns and cities
which existed alone upon paper, and giving them a system of

T,EGAL KESUJ.TiS OF THK I'lONKEK SE.SSIOX. 141

municipal government. Indeed, we are informed that so strung-
was the desire to incorporate cities and towns that it became
necessary for one of the members to introduce a bill setting aside
certain portions of the state for agricultural purposes and one
section in each township was declared to be free f j*oni the blight-
ing hand of the townsite bocmiers. It is interesting, indeed, to
peruse the acts referred to and know that of the many cities thus
created, but very few, if any, have a geographical location.
The cities of Carlisle, Margaretta, Chester, Lawrence, Elizabeth,
and many others were born to bloom unseen, etc.

A number of counties were duly and properly bounded and
made ready for business, some of which have entirely disapp ar:d
from the map of the state. Among this latter class might be
mentioned the county of Greene, ^ath no county seat nor town
lots. The county of Black Bird, with Black Bird city for a county
seat, but no town lots. The county of Clay, with a provision that
the seat of justice "shall be called Clayton." This embryo city
seems not to have had a permanent habitation and therefore no
city lots were demanded. The county of McNeale was duly
created and Manitou was decreed to be its seat of justice and
fifty city lots were re quin^l ''for the purpose of building a court
house and other necessary county buildings." Jackson county
was also born and with it the requirement that its county seat
"shall be called Jacksonville," and the requisit ' fifty city lots
were demanded for building purposes. Johnston county was de-
clared to lie west of Forney county and its legal existence duly
decreed, and it was said the seat of justice '"shall be calhnl
Frances," with fifty city lots. Izard county closes the list, with
Hunton for the county seat and fifty lots reserved. "From a.
legal point of view," we conclude that these efforts were not ]U(>-
ductive of great results. It is evident that the antimonopolist
had not then grown to his present magnificent dimensions, for,
if there was any subject upon which that legislature might be
said to be orthodox, it was that of the creation of corporations
and monopolies. If there was any one entei-prise or line of busi-
ness which did not deuiand the right to the exclusive exercise of

142 NEBRASKA STATK HISTORICAL SOCIETY.

''corporate power,'' they failed to make the exception. Every-
thing, from the magnificent railroad company, with its millions
of dollars of capital stock, to the bridge and ferry company, with
its few dollars and pocket ferry-boat for crossing the spring
branches and w^et weather drains with which the territory at
that time abounded, was provided for.

The Western Exchange and Marine Insurance Company, with
its capital stock of |50,000, and R. W. Latham, William Kempton,
James S. Izard, J. McNeale Latham, W. E. Moore, Thomas H.
Benton, Jr., and their associates, not to exceed thirteen in num-
ber, their heirs and assigns as incorporators, was duly incor-
porated and the necessary plans and specifications provided,
ready for business. It has never been my pleasure to form the
acquaintance of that artificial individual, and whether "the legal
results" of that law have ever been manifested, I am at this mo-
ment unable to say. I think, however, its life was short, owing,
possibly, to the inexcusable blunder of the legislature in selecting
the unlucky number — 13 — as the maximum number of incor-
porators. This was a bad break and one for which we can im-
agine no valid excuse. I think it "killed the bill." Had that
organization survived we would have had some legal results right
there, for by the terms of the bill the "heirs" of the incorporators
were not forgotten, and, though unborn when the law was passed,
they were "by act of law" made a part of that corporation,
whether agreeable to them or not. It is quite probable that the
"object of the bill" w^as to change the rule for the classification
of property and make the capital stock of that corporation real
estate, descendable to heirs by the law of inheritance. These
things are "hard to find out."

Competition and the law of the " survival of the fittest" were
not forgotten and so "The Franklin Insurance Company" was
also set upon its feet with a capital stock of |10,000, with Pad-
dock, Hathaway, Ellsworth, Kempton, Estabrook, Corfield, and
Richardson as incorporators, evidently for the purpose of hold-
ing its larger brother in line. While this company had less
money, it had some advantages over the big brother, — for in-

J.KGAI. RESULTS OF THK FIONEER SESSION. 14o

stuucc instead of having the unlucky number "thirteen'' for the
uuuilH^r of its incorporators, it was blessed with the scriptual
number "seven," — the perfect number. This more than out-
weii,^litMl ihe more money and incorporators. It is supposed this
latter rompany lived fully as long as the former one.

The Platte Valley and Pacific Kailroad Company was started
on the road to future greatness with its |5,000,000 capital one
day before the Missouri River and Platte Valley Railroad Com-
pany, with a like capital, became its rival.

We should also notice the fact that salt was not forgotten.
Two corporations were created in order that the industry known
as the manufacture of salt should keep fully up with the pro-
cession.

The educational interests of the territory received the fostering
care of the "Pioneer." The ''Nebraska University," with capital
stock of 1150,000 and fifteen incorporators, was created and that
great institution was given permission to live. Its location
seems to have been at "Fontenelle, in Dodge county.'' Its per-
petuity and safety were doubtless intended to be secured by the
fourteenth section of its charter. It was as follows: "The said
institution and its preparatory departments shall be open to all
denominations of christians, and the profession of any particu-
lar faith shall not be required of those who become students.
All persons, however, who are idle or vicious, or whose charac-
ters are immoral, may be suspended or Expelled." You thus see
it was in no sense a reformatory institution. The Jew could
stay away and the idle, vicious, and immoral could "travel." I
more than half suspect that our present "University of Ne-
braska'' — the pride of every })atriotic Nebraskan — is not the re-
sult of that bill.

Simpson University, with .$150,000 capital stock, was turned
loose about the same time, but the fatal "thirteen" mistake was
again made, and there are no results "from a legal point of view''
in sight.

"The Nebraska ('ity Collegiate and Preparatory Institute,''
with an equal volume of capital stock, was given ]>ermission to

144 NEBRASKA BTATE HISTORICAL SOCIETY.

compete Avitli the others named for public favor and i>ati'ouage,
but "results'' uot being- visible from our ''point of view,''we are
compelled to abandon the search.

Before closing this hastily written paper we should notice
another act of the "Pioneers" in the educational line, which we
are persuaded has furnished its "results" and borne abundant
fruit. The title of that act was, "An act to establish a common
school system." The bill contained seventy-three sections, was
evidently prepared with care, and provided for territorial, county,
and school district officers, specifying their several duties with
considerable minuteness. From it has jirobabl}' grown up our
now complete common school system. The librarian of the terri-
tory was made the superintendent of public instruction, with a
yearly salary of |200. In Home respects the bill was crude when
surveyed from a "legal point of view," but in no sense to be de-
spised. That act alone should give the "Pioneer Session" a
lasting hold upon the affections of the Nebrashan of to-day and
of the future.

View of Juilcre J. H. Broadv. Delivered Ijefore the Societv Jamiarv lo. is'.r,

Ladies and Gentlemen: There are two kinds of titles, the
original kind and the artificial kind. The artificial are always
in a large majority, but the longer they are in our country the
smaller that majority. They are brought suddenly into contact
with nature. They deal with natural things rather than arti-
ficial tilings, with substance rather than form. They are put
upon their individuality, and their individuality crops out
continually in a new country more on the average than in an
old one. As to the work of the first legislature of the territory
of Nebraska, I can only say that I became a citizen of this state
about a dozen years after that took place, and I have not given
it any careful attention for the purposes of this talk here to-
night. Yesterday I did run through it some, and I had some
knowledge of it before. Its great characteristics, it strikes me,
are thes'e: The clearness and penetration of the minds of the

I-KGAT> KKSUr/rs OK TIIK I'lOXEEK SKSSION. 145

men who were in that k^gishituie, indicating .superior metal over
the average legislature in the older states; and the less amount
of illogical verbosity that is so usually found among professional
men in law courts and the procedure of legislatures in general.
Looking over those acts calls to mind what I heard some one say
not long ago. It was the old and general proposition that the
less a man knows the longer it takes him to say it. How much
more apt those law-makei-s w^ere to sift out the words (hat were
not necessar}-, and li(n\' well they covered the subject foi- the
purpose they had in view, with a few words, even more effect-
ively than longer acts passed by other legislatures? I am not
here eulogizing that legislature. I will leave that to you men
who were members of it, as we all like to talk about how much
nicer things used to be than they are now. But I will give yoti
a sample of it. And we know, too, that they were not careful
about repealing these acts, and did repeal most of what they did
at the next legislature. This happened at a time when the
democratic party was in ])owei' in Washington, and that cro])S
out here the very first thing. That good governor whose image
we see here was a good Jacksonian. In those days I believe
they were all straighl i>arty men. Being a good Jacksonian,
and looking for a time when this body should meet, he put it
just the right time, the best time in the year: 'The said legis-
lature will convene on the Sth day of January, 1855.'^

And they were clear and penetrating, as you see when you read
the words they put in their acts, though you must concede that
the main questions lay deeper down in a great matter than it
appears many times. Secretary Morton has indicated in his let-
ter something about this prohibition being a recent thing. This
legislature made the best prohibition law anybody ever made.
Let me just read it, and notice the wording, and notice how they
shut up the loopholes through which lawyers might eva<h' the
law. (Laws of 1855, p. 158.)

"Section 1. Be it enacted by the council and house oi i-epre-
sentatives of the Territory of Nebraska, that from and after the
first day of .\])ril, A. 1). one thousand eight hundred and tifty live,

146 NEBRASKA STATE HISTORICAL SOCIETY.

it shall uot be lawful for any person to manufacture, or give
away, sell, or in any way, or by any manner of subterfuge, traffic,
trade, excliange, or otherwise dispose of any intoxicating liquors
within this territory, to be used as a beverage.

"Sec. 2. The places commonly known as *dram shops' are
hereby prohibited and declared public nuisances, and their es-
tablishment shall be presumptive evidence of a sale of intoxicat-
ing liquor within the provisions of the foregoing section."

Just look at those words! You can't restrain it; it is a public
nuisance and they understood it, and left no escape through the
door of a jury trial. And it goes on with the presumption, and
they acknowledge it, then and there, that the sale of liquor is a
nuisance and can be prevented. The proclamation continues:

"Sec. 3. The establishment or keeping of a place of any descrip-
tion whatever, and whether within or without a building, coming
within the spirit and intent of this act, and the establishment, or
the keeping a place of any description where other persons are
accustomed to resort, i>roviding their own liquors, of the prohibi-
tory character purchased elsewhere and drinking the same there,
shall be taken to be within the meaning of this act.

"Sec. 4. Every person engaged in any of the acts above pro-
hibited, or in any way aiding or assisting in such illegal acts,
whether as principal or clerk, bar keeper, or otherwise, shall be
subject to the penalties herein provided.

"Sec. 5. Courts and juries are required to construe this act
so as to prevent evasion and subterfuge and so as to cover the act
of giving, as well as of selling in the places above prohibited.

"Sec. G. Whoever is guilty of violating any of the provisions
of this act, on conviction thereof, shall be fined in a sum not less
than ten dollars, nor more than one hundred dollars, or be im-
prisoned in the county jail not more than ninety days, or both,
in the discretion of the court, and may be prosecuted therefor,
either by indictment or by information before a justice of the
peace, the punishment shall be fine only.

"Sec. 7. Any person being convicted for a second, or any sub-
sequent violation of this act, shall be fined in a sum not less than
one hundred dollars or be imprisoned not more than one year."

r.KGAJ. UESULT8 OF THK PIONEER SESSION. 147

It i>mvi<l('s a less penalty the first time. That is a feature that
Is very iiieritorious in it. This act provides for an information.
Read this act and see the clearness and penetration of the minds
of these men who enacted it.

Tliis was a great legislature for granting agencies. A great
variety is found in its acts, and here is another featui"^, which
is very brief, vi/., to authorize the go\'ernor to appoint emi-
grant agents. "That the governor shall be authorized to ap-
point and commission for one year, one or more traveling or
local emigrant agent or agents, to reside at any point, or to travel
upon any of the thoroughfares in the United States.

"It shall be the duty of each agent or agents to disseminate
loiTect intelligenc*' among emigrants coining to the Territory of
Nebraska, to give necessary directions as to the proper routes
and modes of travel, and to use all proper exertions to induce
emigration to said territory."

Those are sections one and two. Section three is a very wise
provision as to the compensation of such emigrant agents: "The
sei-vices of such emigrant agent or agents shall constitute no
charge against the territory of Nebraska or the government of
the United States." (Laws of 1855, p. 179.)

These legislators struck away out as far as we have gone, in
most things in which we have been thinking we had shown so
much sense. I have just alluded to the prohibition law. That
is in advance of anything I have ever seen anywhere else. And
here is a herd law. We have one now, and a week or two ago I
was down on the Missouri river, where a man was complaining
of the herd law. There was an old fellow down there on the bot-
toms with a lot of old horses. The way liorses are now, they
were not worth anything, and he took them down on the bot-
toms and turned them loose, and let them go around in the corn-
fields. One man in whose corn tlie horses had been feeding,
talked with me, And he said: "What am I to do? The horses are
there feeding and I can't take them up under the herd law, be-
cause they are not worth keeping. What am I going to do about
it'.'"' I advised lum to kill tliciii. And lie said he was not au-

148 NEBRASKA STATK HISTORICAL SOCIETY.

thonzed to kill them, and be might get into trouble, and then I
didn't know what to tell him to do. There is no law against
malicious mischief, and I didn't know what to tell bim to do.
But here is their act, and they say it covered it like a top. Here
it is:

"Section 3. If any such animal be found running at large,
and it be found impossible or dangerous to take up and secure
the same, it shall be lawful for any ])erson to kill said animal,
and the owner thereof shall sustain no action against such per-
son for SO' doing." (Laws of 1855, p. 200.)

Another is the impeachment law. We have had some of that
in this state, and some in congress. The question is to know
whether you can impeach a man not in office, and another ques-
tion that has been discussed here and at \yashington is whether
after a man is imi)eached, he shall exercise the functions of the
office until he is convicted. Lawyers and judges have worried
their brains about it, but these men had penetration enough to
settle it. And another thing we used to discuss among the law-
yers is, what is meant by "removal from office and disqualifica-
tion to hold any other office of honor, trust, and profit," — whether
they oould make such a law or whether our constitution and the
federal constitution did not settle that, and which should be first
OP which second, and all that. That is what has caused such
a myriad of words, and books and books and myriad words, until
it would make a man dizzy to bear them, and then not know
as much when he got through as he did when he commenced.
Here is what they say upon these points : "Any civil officer of this
territory, except county or township officers, may be impeached
for corruption or other malconduct in office, as well as for high
crimes and misdemeanors. Upon conviction the judgment shall
be removal from office. It may also attach a disqualification to
hold any office of trust, honor, or profit under the laws of this
territory. Every officer impeached shall be suspended from the
exercise of his official duties until his acquittal. Conviction on
an impeachment does not exempt the offender from a private ac-
tion or public prosecution for the same act or offense." (Ibid,
302.)

J.KCtAI. RESUl/rS OF THE PIONEER SESSION. 149

These men went at that in not exactly an artistic way; the}'
didn't pay so much attention to the.way a word was spelled as to
the use of the same, you know. They seldom spelled a name
twice alike. It was the substance they were after. They can't
spell the name right, perhaps, but they get in the meaning. But
this was when thej' started the state, and they started in a good
way. They started by enacting the common law of England,
subject to the constitution of the United States and the organic
act of the Territory of Nebraska. There they had a code in one
section with fire or six lines, and they had a code of laws to pro-
ceed under right there, if they hadn't done anything else, and
even if they did enact laws and then repeal them. Some legis-
latures would repeal anything others did, but they had this gov-
erning system that has governed for ages in England, with the
modification of the constitution of the United States. And not-
withstanding that they did soon after repeal the civil and crimi-
nal code, they had a code here. Some people think that if legis-
lators didn't know so many words, and couldn't use so many
words, they wouldn't pass so many acts and the public would
be better off.

Here is another instance: A law ''To make a road from Pawnee
to Nebraska Center." I don't know where Nebraska. Center is,
but just look at the brevity of this: ''Section 1. Be it enacted,"
and so forth, "that Lorin Miller, D. C. Oakes, and John B. Ben-
nett, or a majority of them, be appointed commissioners to lo-
cate and establish a territorial road from Pawnee to Nebraska
Center. Section 2. The said commissioners shall meet at Paw-
nee on the first Monday in June next, or within six months there-
after, and proceed to lay out and establish a territorial road ac-
cording to the true intent and meaning of this act, and after lo-
cating the same, shall deposit a certified plat of same for record
in the register's office at Pawnee." (Laws of 1855, p. 331.)

If that act had been diawn in the modern way you could get
up a lawsuit on the subject, with the probability of an awful
scrap among the attorneys as to when it was located and whether
it was located at all or not, until that nmp was filed, but under

150 NEBRASKA STATE HISTORICAI. SOCIETV.

the language of this act tliey couldn't have any point on that,
because it was located before that is filed, and then after it wat*
located they filed a map of it. It doesn't say how the commis-
sionei-s shall be paid. I don't suppose they cared whether they
were paid at all or not, but when they got the map out and had
the road staked out, there was the road.

Then here is a city charter of the city of Brownville, in five
sections. They got together and said, ''We have all the offices
we want"; and the assembly said, "You don't have to have any-
thing unless you want it, and if you want anything you can have
all you want.'' (Laws of 1855, p. 406.)

They were great on joint memorials to congress, and there
wasn't anything small about them either. South Pass, as I un-
derstand it, was over on the other side of the mountains. There
must have been a good many Indians around here about that
time and they were making a good deal of trouble. xVnd the
people memorialized the legislative assembly of the territory of
Nebraska, representing that the interests of this territory and
the nation at large would be grcnitly advanced by the construc-
tion of a railroad running from the town of Plattsmouth, in Cass
county, immediately on the Missouri river, via Fort Kearney
and Fort Laramie to the South Pass, with a branch ^starting at
or near the mouth of the Nemaha river, and intersecting the main
trunk at Fort Kearney or Grand Island. And they memorialized
congress, and they go on to tell congress what a great country
this is. You can see there is nothing small about them. They
propose to start two tracks, one in the south part of the state,
at the Missouri river, and the other in the north part, and run
on out to Denver and to the mountains and South Pass. There
is nothing small about them. They memorialized congress to
grant a right of way and to grant land, and then they told their
delegate in congress to get that through. (Laws of 1855, p. 451.)

Then here is another joint resolution. It shows that they are
all in line with what they thought was the trend of the demo-
cratic par-ty at that time. There wasn't any trouble about demo-
crats then; they were all right. "Resolved, that we herewith

LEGAL RESULTS OF THE PIONEER SESSION. 151

endorse tlie principles euuuciated in the bill organizing the terri-
tory of Nebraska and Kansas; tliat we rejoice that the geographi-
cal line between the Northern and Southern states has been
erased, leaving the people of every state and territory free to
control their domestic institutions, and that we commend the
firm and patriotic course of the men, without distinction of party,
who have aided in establishing the sound constitutional prin-
ciples of the compromise of 1850. And resolved, furthermore,
that we pledge ourselves to oppose any unfair discriminations,
such as those of the late Missouri compromise, but to protect and
defend the rights of the states, and the union of the states, and
to advance and to perpetuate the doctrine of popular sov-
ereignty."

Then there was the mail route, the Overland Route. There
was nothing small about that either. It extends from the At-
lantic to the Pacific. ''Concerning the protection of settlers and
emigrants between the Mississippi valley and tbe Pacific ocean,
including the establishment of postal and telegraphic corre-
spondence across the American continent."

I will not wear^' the audience, but I wanted to read this much
to show that an examination of these acts passed by that body
of men only corroborates what a little thought and a little his-
tory will prove, — that when men are put so much upon their in-
dividuality anything that comes up in which actions and words
reach down in a great mattei-, they are the kind of men who^e
words are gilded words and carry a thought with them, and
their actions the same. That is impressed upon us largely
in the acts passed in the first legislative assembly in the Terri-
t(n'y of Nebraska, far more so than we can discover in any of the
older states. That is only in harmony with what was heard in
parliament when Chatham declared that in his opinion and judg-
nient no body of legislators, ever assembled in the world, was
greater than the Continental congress which assembled in Phihi-
(lelphia. And so they used words with more far-seeing and
penelrating minds than now. In those days, when they were
brought so continually into great struggles, they impress them

152 NEBRASKA STATE HISJ'OKK'AL SOCIETY.

selves on the mind and make their acts strike deeper into their
minds, and they were more careful to use words that would mean
something; and secondly, they were freer from verbosity, and
there was less than now of \N''hat we might call "a wilderness
of words."

View of Hon. J. R. Webster. Delivered before the Society January 13, 1897.

Ivadies and Gentlemen: In studying for the first time the re-
sults, from a legal point of view, of the first legislative assembly
of Nebraska, it seemed to me that the best thing to say of it, in a
general way, was that epitaph of a child that died very young:
"Oh, what did I come for, to be so soon done for?" for most of its
work remained a very short time. There is, however, a little to
be noticed in its work which has remained. I notice in the presi-
dent's paper that was read here to-night, he speaks of the me-
chanic's lien for the laboring man's i>rotection as a development
of the last fifty years. Of course, so far as Nebraska is con-
cerned that is a fact, but the mechanic's lien law, as a separate
chapter in the part of this code that was so soon repealed, was
one of the things passed and adopted, probably, from some other
state at that legislative assembly.

Another thing I noticed was that the law for the protection
of a married woman in her property rights was in every respect
as liberal. It fully emancipated her, and gave her as complete
control of that which was her own as the recently much lauded
act of 1873, and I was surprised that as long ago as 1855, in the
legislature of Nebraska, so liberal a view as that prevailed.

I also noticed that there was another action, that the owners
of the salt manufactured goods incorporated, and that the cor-
poration was granted more than ordinary powers; this was a
manufacturing corporation to manufacture salt at some of the
salt springs. It was made a governmental corporation, like a
city. It was to build a town and the town was to be named
Nesuma, and that corporation was given all corporate power of
legislation that Nebraska City had, as a part of its charter of

LEGAL RESULTS OF THE PIONEER SESSION. 153

incoi-poration. That certainly was not anti-municipal legisla-
tion.

Seventy-seven pages were given to the bridge and toll charters.
Nearly every stream you could think of in Nebraska was provided
with a toll bridge or a toll ferry, and 114 of these were private
corporations. Yet you cannot say that the results to Nebraska
of that first legislative assembly, in a judicial or legal point of
view, were very marked.

Not much of it can now be traced. Most of the work was soon
stricken down. Its most effective part, probably, was in the
<iirection of education, and that remains. As I saw this picture
of Governor Cuming here, I thought that the society ought to
have, — I may be out of order, but I will take a moment or two to
say that you ought to have, — a picture of John M. Young, who
used to live here in Lincoln, who was a man in whose heart no
guile ever came. He reached the strength of manhood in intel-
lectual thought, with the love and sincerity of a child. He led
here a (;lan of men devoted to education, coming for the purpose
of establishing here a <<'nter of education. That is tin- motive
that brought him here, and the impress upon that clan of men
through his spirit was shown in the fact that even after his death
it has remained here. If there was any pioneer of Nebraska, in
the early day, who more controlled, without knowing it and
without knowing that he was a remarkable man, and who made
his impress more plainly upon the state and the spirit that leads
to its progress in liberal education, I never heard of him. I think
perhaps some old photographs or pictures might be obtained
from some of his relatives, and if the secretary of this society was
instructed to collect two or three I w^ould take it upon myself to
get a good crayon made from those pictures, and I believe I could
succeed. He is worthy to be honored by a portrait in the hall
of this society, and I hope the society at the proper time and in
the proper way will take this suggestion and work it out.

As to the rc^pi'al of this code, I think our president this evening
may say something. When this repeal was made, as Judge
Reese says, the governor vetoed it. and modest ly suggested that
11

164 NEBRASKA STATE HISTORICAL SOCIETY.

he doubted the expedieuc.y of taking away all the civil and all
the criminal law of Nebraska and substituting nothing for it
except that we would have to fall back upon the common law.
I was very much surprised in reading the legislative assembly
proceedings to And that Governor Furnasi voted to override the
veto. I see that the very next day, however, he moved to recon-
sider the vote. So doubtless that was the reason he voted to
override the veto, in order that he might be in a position of ad-
vantage to move reconsideration, and on that vote he voted right,
and doubtless intended to all the time. George L. Miller was
the onl}' member of the council who voted against the bill on its
original passage, and evidently the bill was not well considered,
and from its title you would see that it was introduced by an
editor by the name of Bradford, who also was chairman of the
judiciary committee. It seems not to have been read at length,
so it appears probable that they did not understand it, but when
it came to the governor's veto there were five men for reconsid-
eration and seven against reconsideration, so of course reconsid-
eration did not carry. So, having merely in a jocose way called
attention to the fact that Governor Furnas voted for that meas-
ure, I think I have taken back the charge when I say he voted
for reconsideration.

View of Judge S. B. Pound. Delivered before the Society January 13. 1897.

Mr. President, Ladies and Gentlemen: I assume that this is a
discussion to the jury rather than to the court, and infer that
you will not expect radical argument, but rather a few discurs-
ive remarks. I will say I am not prepared to agree with the
gentlemen who have just preceded me in estimating the ability
of the members of the first session of the legislature of Nebraska,
in 1855. They have placed a very high estimate upon them.
They claim they were original creatures, able to express them
selves in strong, terse language, and in every way proved them-
selves very able men. Well, that might be. I am hardly
disposed to say anything that would detract from their credit in

LKGAL RESULTS OF THE PIONEER SESSION. loO

any way. When you consider that a large portion of the leoisla-
tion of that session consisted in adopting in bulk the code of
another state, both the civil and criminal code, and that the.v
lacked the knowledge and ability to frame laws of their own
and express them in their own language, I think there is ground
for suspicion that a large part of their legislation was bor-
rowed. It has been said that the adoption of the criminal codf
was in this way: Be it enacted that one-fourth of the criminal
code of lO'Wa, beginning on such a page, shall constitute the
criminal law of the territory of Nebraska. I should say that is
pretty crude legislation. I believe they made a party chief clerk
to copy that portion of the code. But they did not say that the
copy, or a certified copy, should be evidence of the law at all. In
trying a lawsuit, how are we to" know what the law was? Take
the criminal law, and how were the people to know what it
was and how could they find out? The law did not say that the
certified copy of the clerk should be evidence of it at all.

To illustrate my meaning somewhat, I heard a lamented mem-
ber of this society say that he was attorney in a case arising un-
der that law, which was tried before a very dignified magistrate,
and after the case had been proved, as it was supposed, by the
attorney on the other side, he made the point that the law itself
had to be proved; that there was nothing in the statute as en-
acted by the legislature making the copy proof of the law at all.
lie insisted that the clerk should be produced as a witness to
]>r((ve that the copy- was a. true copy of the act of Iowa, and he
slated that that was the only way to prove it and that they must
]>r()V(' not only the facts of the case, but must prove the law, b<'-
cause the statute did not make the copy evidence of that fact,
and he won his point before the magistrate. So much for that.
That was queer legislation. Nothing more nor less could be
said of it.

I have said this because we have been disposed to laud these
men as superior to the men of the present time. I presume they
were men of more than ordinary ability. Men who would come
out in this western country at that early day and try to build

If>6 NEBRASKA STATE HISTORICAL SOCIETY.

Up a State, we might presume, were men of more than ordinary
energy and enterprise.

I think it may fairly be claimed as one of the results of the
legislation of the first session, in 1855, that we never have had
any small towns or villages in this state. Our municipalities
have all been cities. At that session there were some fifteen or
twenty cities incorporated. That legislation has been explained
<»n this theory: That the early inhabitants of this state were,
at h^ast one-third of them, distinguished and titled persons; they
were majors, colonels, generals, judges, and governors, who pre-
ferred to live in cities rather than in small towns and villages,
and the result was that the ratio between titled and untitled
]»ersons has been pretty faithfully maintained from that time to
ihis. If you remember, a large per cent of our citizens to-day are
titled persons; we are all colonels, or judges, or something of
that sort, so that this may fairly be claimed as one of the results
<tf this legislature. We all live in cities. We have the cities of
Brownville, Nemaha City, Nebraska City, the city of Platts-
mouth, Dakota City, the city of Carlisle, the city of Fontanelle,
Kepublican City, — all these are cities.

It is not unlikely that the legislation of that session also gave
point and trend to the public mind on the question of municipal
corporations. At that session there were some thirty ferry com-
panies incorporated, giving them exclusive privileges to ferry
passengers over, and to charge a toll therefor. This, too, at a
time when there was little or no travel, and when inhabitants
were so few there were hardly enough to make a respectable
town meeting; and then there were the incorporated banks, and
railroads, and emigration societies, and seminaries, and insur-
ance companies, and all sorts of corporations of that kind. This
shows one thing, and that is that people at that time seem to
have thought that the great source of wealth and prosperity was
in legislation ; that in order to obtain money all that was neces-
sary was to incori)orate banks; if they wanted a railroad, to in-
corporate a railroad; if they wanted salt, to incorporate a manu-
facturing company for salt. That is the way ih-y sei-in to have

LKGAL HKSUI/rS OF THE PIONEER SESSION. 157

thought to b«- the way to ^et on in the world; that a private
individual could accomplish nothing- toward developing the re-
sources of the state, but to ciu r v on the gre'at industrial enter-
prises of the state there must he a concentration and eoiubina-
tion of skill and cai>ital and enter]>rise. That seems to have been
their idea. Legislation was a useful and necessary thing, and
therefore they incorporated companii^s for everything they could
think of. Nothing could be carried on by individual effort. I
am afraid that sentiment is too much abroad in the country to-
day. Whether we can trace this present sentiment to the impe-
tus that was given to it at that time and in that session, I cannot
say. But the fact is, that there is a prevailing .sentiment of that
kind abroad at the present time, in the minds of people, that
individual effort cannot accomplish much; that in order to. get
on in the world and to develop the resources of uui- state it is
necessar}' to form cori^orations, to concentrate, to combine. I
think it is a false opinion — a false idea. Legislation can do
something, but not much. Very much depends on the individual
and very little on the legislation.

View of Hon. Samuel Maxwell. Presented at Annual Meeting January lo, 1S97.

The impression prevails in some of the older states that a large
proportion of the settlers of a new state have but little respect
for law and order, and hence neither life nor i)roperty are secure.
This may be ti-ue in some new mining camps and like places,
where gamblers and prostitutes form the larger part of the p<>pu-
lation. but as a rule has no api)lication to an agricultural com-
munity. And this is particularly (i-U(* of the people of this sinir.
who from the first have shown a, desire for ^(iiiiil and jusi l.tws
and a disposition to obey the same.

Nearly all of the first settlers were young in years, bui full of
enterprise, hope, and ambition, not only to succeed thrmselxes,
but to lay the foundation of a great state. The territory of Xe
braska then was bounded on the north by British Anierit a, on

158 NKBRASKA STATK HISTORICAL SOCIETY.

the east by Minnesota, Iowa, and the Missouri river, on the south
bj the 40th parallel, and on the west by the dividing ridge of the
Kooky mountains.

The first session of the territorial legislature met in Omaha in
January, 1855. The bill organizing the territory passed con-
gress in May, 1854, and from that time until the close of the 1855
session, there was practically no statute law in force in the terri-
tory. The legislature of 1855 appointed Origen 1). Richardson,
of Omaha, a member of the council, and, I think, J. D. N. Thomp-
son, of Falls City, a member of the house, as special commis-
sioners to prei)are a code of laws, civil and criminal, to submit
to the legislature.

Mr. Richardson had been lieutenant governor of Michigan and
was a capable lawyer and an honorable, upright, worthy gentle-
man. Mr. Thompson was also a capable lawyer and every way
worthy as an associate of Mr. Richardson. The statutes reported
by these gentlemen were necessarily borrowed from other states.
The Code of Civil Procedure was almost wholly copied from that
of Iowa. I think the Criminal Code was also taken from the
Ci-iminal Code of that state.

The laws passed at that session, including those borrowed
from Iowa, cover almost every question relating to rights and
remedies in civil actions; and the Criminal Code provided for
I>uuishing almost every species of crime. In considering the
general laws then passed, the student will be impressed with
their simplicity, fairness, directness, and brevity.

Tlie laws co|>ied from Iowa continued in force until February,
1857, when, without providing any legislation to take their
place, the legislature of that year, in its closing hours, repealed
both the Civil and Criminal, and left the territory for more than
a year without either a Civil or Criminal Code. In addition to
this the legislature elected in August, 1857, when in regular ses-
sion in I)(M-ember of that year, split on the <-ai)ital removal ques-
tion, — a jiart going to Florence, — hence nothing was done until a
cal]e<] session in the fall of 1858.

Oui' jiresent Code of Civil Procedure, so far as it relates to ac-

LEGAL UKSULTS OF THE PIONEER .SESSION. 169

tions at law, was ])assed in November, 1858, and took effect April
1. 1859.

The distinction between actions at law and suits in e(iuity,
however, was not abolished until 1867. The credit of this
change, which is so important in the administration of justice,
is due to the efforts of Hon. W. F. Chapin, then of Cass county,
speaker of the house in the second session of the state legislature.
The 1858 session of the legislature also passed a Criminal Code,
which, in deference apparently to Governor W. A. Richardson,
of Illinois, was copied from the laws of that state and continued
in force until 1873.

The legislature of 1855 also created a number of counties and
described their boundaries as accurately as possible, as but a
small part of the territory had been surveyed at that time. It
also granted charters to educational institutions like "Simpson
University" and other like schools.

It granted special charters to railways, cities, ferries, bridges,
etc. These laws indicate the spirit of progress which pervaded
the early settlers and their determination to make Nebraska one
of the leading states in the nation.

But few persons who have not had actual experience know the
hardships and obstacles encountered by the pioneers of a new
country, but these difficulties were met bravely and with a deter-
mination to overcome them. The new settler on the prairi(N it
is true, has a claim upon the land he has settled uiton, but, as a
rule, every pound of fuel must be purchased, as well as all lum-
ber, brick, and lime for his house, etc., and in most cases he must
hire it erected. He must provide suitable out-buildings for his
stock. If he has suflficient means to pay for all these things and
crops are reasonably good, ordinarily he will soon be on ths' high
road to {)rosperity. But if crops fail, or severe illness affects him
or his family, the probabilities are that it will require a great
<leal of (M)urage and self-denial of both himself and wife to suc-
4ee(l. Such people, however, possess the necessaiy brain and
brawn lo found a new state upon the foundations of justice and
e(inal rigiits, and to protect and uphold (he rights and duties of
the state and nation.

160 NEBRASKA STATK HISTORICAL SOCIETY.

Forty-three years ago western Iowa from. Marshalltown to ihe
Missouri river was very sparsely settled. A large part of the
public lauds of the western part of that state had been entered
by speculators with land warrants. Thesi^ warrants were worth
about one dollar per acre in cash. lu May, 1856. a land giant of
alternate sections of public lands across Iowa was made by con-
gress to form lines of railway in that state. This caused a with
drawal for a time of the public lands of Iowa from pre-emption
or private entry, hence in the fall of 1856 and spring of 1857 there
was quite an influx of settlers into this then territory. Most of
these were worthy people and good citizens with but little means.
They settled at various points, usually near streams and timber.
They were not required to prove up until just before a public sale.
In the latter part of 1857, the owners of land warrants induced
the president to order a public sale of lands in the territory.
This caused the settlers to complete their pre-emptions. Many
had to borrow 160 acre land warrants to enter their land, and
secured the same by a mortgage thereon. The usual price of war-
rants on credit was |280, due in one year.

The result in every case, so far as I know, was that the mort
gagee obtained the land. With the passage of the homestead
law a new policy was inaugurated in favor of actual settlers,
which has done so much to add to the population and wealth of
the state.

There have been but few cases of mob violence in the territory
or state — the sentiment of the great mass of people being that the
law furnishes an adequate remedy and that mob violence should
be deprecated.

The character of our people from the first is exemplitied in our
schools and churches. These are found side by side in every city
and village. The large amounts voluntarily paid each year for
the support of the churches and religious institutions is more
than equalled by the taxes levied to make our schools free, and
bring them to the highest degree of efficiency.

In some of the western states there has been a tendency to
squander the public lands granted by the general government

T.KGAI. RESULTS OF THE PIONEER SESSION. 161

for educational purposes, but uot so in this state. The framera
of the constitution of 1866 desired to prevent these lands from
passing into the hands of speculators, therefore the first consti-
tution fixed the maximum price at i^o i)er acre, although there
were not 1,000 acres in the state that could then be sold at that
price. The constitutional convention of 1875 increased the mini-
mum to |7, and in all cases the lands were not to be sold below
the appraised value. The effect has been to lay the foundation
for a magnificent school fund that will soon provide free schools
for every school district in the state.

I do not think the first session of the legislature had any par-
ticular influence in shaping public sentiment, but public senti-
ment, — the general desire of the people, — controlled the legis-
lature, and we have to-day the same desire of the people of the
state for fair, equal, and just laws.

NEBRASKA STATK HISTORICAL SOCIETY.

NEBRASKA WOMEN IN 1855.

By Harriet S. MacMurphy. Read before the Society January 12, 1897.

"The women of 1855," said Mr. John Evans, "why, the women
in Nebraska in 1855 were Pawnee squaws."

Though joking, Mr. Evans was right, if majority in numbers
be considered, and we of the Caucasian race are so prone to
ignore the prior rights of our dusky sisters on this western con-
tinent that he was the only one found even to hint of their exist-
ence when asked about the women of Nebraslca.

Let me, therefore, inspired by his example, speak of those who,
by right of occupancy, as well as of numbers, should justly be
given first place among the women of 1855.

Who that lived among them in those early days does not carry
a vivid mind picture of the silent, noiseless beings whose moc-
casined feet trod the narrow trails or the grassy prairies, bearing
upon their backs always a burden; for they were the burden-car-
riers, the workers, the slaves. And such various burdens! A
broad band of tanned skin around their foreheads, and extend-
ing down their backs, held sometimes a large bundle of wood,
sometimes a sack of meal or flour, traded for with fruits or skins
or moccasins at the nearest trading post; sometimes a blanket
full of ''sqnaw" corn, and sometimes a board to which was
tightly strapj)ed a papoose, wrapped in calico and blanket until
it looked like a mummy, but for its ever-moving, bright black
eyes.

Ah, tlu- skins they tanned, the meats they dried or jerked, the
moccasins they made, the corn they planted and gathered, the
journeys they took following their chase-loving lords, of which
no record remains! They are almost gone, but let us stop and
recall for a moment their share, so great and yet so unackuowl-
edged. in the era of aboriginal Nebraska life.

XKUUASKA vv()^rK^■ in 1855. 163

Sometimes one ;unoiij>- them attracts passing- notice, and of
such in Nebraska was Nekoma, daughter of an A^^eowaj (Iowa)
chief, who became first the wife of Dr. Gayle, and later of Peter
A. Sarpy, and whose only child, Mary, was the mother of the
La Flesches, women of more than ordinary ability in the Omaha
tribe. A stately woman she, as the early settlers tell of her,
(}uiet and dignified, able to command respect of even such a fiery-
tongued despot as Sarpy, the then ruler of Indian and white man
alike, through the myst(M'ious power of the Great American Fur
Company. And well she might, for it was reported of her that
she once carried him, when sick with the mountain fever, many
miles on her back to a place of aid and safety.

There are two other classes of women who have silently la-
bored and eildured on these great western plains, and passing
away have left scarcely a trace; the women of that strange
French-Canadian or Creole race that came down the lakes from
Canada, or up the rivers from the Gulf, following their water-
loving lords, who built rude cabins beside the streams and con-
sti'ucted flat boats on which they crossed from shore to shore,
westward bound; and the wives of that still stranger people, the
Moinions, who wearily trod the westward trail which they had
Vieen taught to believe led to the land of promise. If we could
but embody them how^ strangely they would appear at this day,
following behind the two-wheeled cart, often, which bore all
their woi Idly wealth, and at eventide stox)ping beside the sun-
flower-lined roadside to cook the meal of bacon and bread over
tlic liny fife made from rosin weed and buffalo chips.

Wiiile they were silently doing their i)art in this beginning
of the settlement of a new coiiutry, the pioneers who should take
final possession of tlw^ land and build lasting records of their
presence, were advancing from the east, and in this westward
march women again were taking a place.

First in the procession were the missionaries; and the names
of Merrill, I)nnb:ir, Allis, Gaston, Piatt, Hamilton, and oilieis
aiv conspicuous in the ncords of those <'arly days. It is note
worthy, too, that the missionary women are oftener nienlioncHl

164 NKIUiASKA STATE HISTORICAL SOCIETY.

in the annals of that time than other women, probably l)ecause
their duties as teachers brought them into public notice. Sev-
eral admirable articles from the pen of one of them, Mrs. Alvira
Gaston Piatt, appear in the records of this society.

As, owing to the location of the Presbyterian mission and the
trading post of the American Fur Company at Bellevue, it was
the scene of the first gathering of any considerable number of
white people, we must look here first for the women who made
the history of that period.

Rev. Mr. Hamilton was in charge of the Presbyterian Mission,
and Mrs. Hamilton and the Misses Amanda, Maria, Elsie, and
Mary Hamilton bore most prominent parts in the home and
social life of that period. The mission house, in which they re-
sided, was the one building of any size and degree of comfort
for some time, and within its walls Father Hamilton received
and Mrs. Hamilton entertained many and varied guests. Here
came the first Governor of the territory, Francis Burt, stricken
with disease even before his arrival, and was cared for by these
pioneer women, who assumed cheerfully every duty presented to
them, until he succumbed to the burden of anxiety which, en-
feebled by the hardships of his journey from South Carolina,
he was not strong enough to endure.

From Judge A. N. Ferguson have been obtained some interest-
ing reminiscences of his mother's participation in those early
events. Judge Fenner Ferguson, who had been appointed the
first chief justice of the territory, left Albion, Mich., accompanied
by his wife and three sons, in October, 1854, and coming up the
river from St. Louis on the steamer Admiral, arrived at Bethle-
hem, a little town in Iowa opposite Plattsmouth, in November.
They were obliged to land there on account of the low water and
go thence by wagon to Kanesville, some miles further np. Their
destination was Bellevue, but until the old agency building could
be fitted up for them they boarded at the Pacific House in Kanes-
ville. The agency building had one room below, an attic above,
and porches in front and rear. Just beyond them lived Isaiah
and Rachel Bennett, who kept an eating house, and there meals

NEBRASKA WOMKN IN 1855. 165

were obtaiued until they could set up their own household goods
um] provide for* themselves.

One of the good results of the mission school was already ap-
par-ent in the education of quite a number of Indian girls, who
were glad to further obtain the benefits of association with white
people by living with them, and Mrs. Ferguson obtained the
services of Susan Fontenelle, who had been educated at the mis-
sion schools there and further south. Susan Fonteiielie's
mother was the daughter of an Omaha chief, and her father,
Lucian Fontenelle, was the grandson of a French marquis. Her
relatives in N(^w Orleans were among the most patrician of the
patrician residents of that old city, but Susan's father, imbued
with a spirit of adventure, had wandered away and become a
famous trader among the Indiarrs, mar-r-ied among them, and
<lying, left his children with their strange heredity to make of
themselves what they c(»uld. About the time she lived with
Mrs. Ferguson, her brother, Logan Fontenelle, the last chief of
the Omahas, a man of much more than ordinary ability and in-
telligence, while on a hunt was killed b.y the Sioux. His body
was brought home to liellevue and buried as near as possible
to the site of the building which had bcnm his father's trading
post. Mrs. Ferguson and several other women attended this
funeral, and were she alive she might tell a most interesting
story of this strange mingling of civilized and savage ceremonies.
It was the custom of the relatives of deceased Indians, particu-
larly of women, to make loud oirtcries over the body from the
time of the death until several days after the burial, and also to
cut their flesh until the blood flowed. These wierd cries and
bodily sacrifices were greater in proportion to the rank of the de-
c<'ased, and 9s Fontenelle was the chief, the whole tribe united in
the ceremony. Then, as he was possessed of white blood and had
been a gi-eat friend of the white people, they attempted to show
their res]>e(-r by particiiiating in the last rites. Commodore
Stephen Decatur i-«?ad the burial service of the Episcopal church
us the body was lowered into the grave, and Mrs. Sloan, a Paw-
nee half-breed, A'ehemently i)rotested that it was a most un-

166 NEBRASKA STATE HISTORICAI> SOCIETY.

S(Hniil.v tiling for hiiu to do. What were the thoughts of these
women who had but hitely come from pleasant homes wliere
the beloved dead were decorously laid awaj' to rest, as they
watched this strange sight?

When Susan Fontenelle's father lay on his deathbed he ex-
acted a x)romise from the famous Father de Smet, who was with
him and who had married him, to go to his sister in New Orleans
with his last request that she take his only daughter and educate
her; but she refused, and Susan was left in the care of the mis-
sion schools. She married Louis Neal, and after a life of strange
vicissitudes has returned to Bellevue to spend her last days, her
daughter attending Bellevue College. To the writer she said a
couple of years ago: "When I was about sixteen and living at
St. Joseph with some white people who had been very good to
me, a steamboat came up the river and on it was a cousin of mine
from New Orleans. They told her I was there and wanted her
to come and see me, but she refused, and said slighting things of
me and of my mother. When I was told of it I wished that she
might sometime be worse off than I was, and I think my worst
wishes were realized, for they did lose all their property and suf-
fer very much, I heard long after." Mrs. Neal shows even yet
traces of the gentle breeding of her ancestry in her quiet grace of
manner and ready tact.

Mrs. Ferguson was the target of much curiosity on the i)art
of the Indians. Often the daylight would be suddenly obscured,
and she would look uj) to see the dusky faces flattened against
the window panes curiously regarding her. The shoes she wore
were a great curiosity to them. One day a stalwart Indian, with
his blanket wrapped around him, came up on the back porch and
taking one of the pans which lay on a bench put it under his
blanket and started off. Mrs. Ferguson saw him, and going out
demanded it and finally .took it from him. He started off, but
suddenly turned and strode back rapidly. She ran in and
slammed the door to in great fright. A crash, a shaking of the
door, and then — quiet. When at last someone ventured out the
mark of the Indian's tomahawk was found where he had hurled
it into the dooi*.

NEBRASKA WOMEN IN 1855. 167

A beautiful little kitten was given Mrs. Ferguson, and as cats
were scarce it was greatly prized. It suddenly disappeared and
no search could find it. Some time after an Indian walked in
wearing the remains of kitty in the form of a tobacco pouch,
the head ornamenting the front.

Mrs. Ferguson was the only woman present at the issuing of
the first paper in Nebraska, the Palladium, but there is no record
of a woman's column in it.

Just about the same time that Judge Ferguson's family arrived
came also from Michigan Mr. and Mrs. J. Sterling Morton. They
were married in Detroit and started westward the same day to
make for themselves a home in the new territory. Their first
one was a log cabin of two rooms situated just beyond that oc-
<'.upied by the Fergusons. Here the young bride assumed the
duties of her household with a gay heart and boundless hope.
Judge Ferguson tells how she used to feed the Indians, but in-
sisted on adding her quota to their education by obliging them
to use the knife- and fork which she always placed with the plate
set out on the porch for them. A lady also tells of the interest
and admiration Mrs. Morton excited when she appeared at a
ball at the Douglas House in Omaha. "She was so bright and
beautiful in her pink silk dress; every one fell in love with her."

When it was decided to make Omaha the capital Mr. and Mrs.
Morton went from Bellevue to Nebraska City and there began
in truth the home which they had purposed to make before they
left the more luxurious ones of their youthful days. Arbor
Lodge was the result, and a more beautiful object lesson could
not have been given to the women of later Nebraska than this.
She made not only the interior of the four walls she called home
beautiful, but she widened home to embrace beautiful yard and
trees and shrubs, vines and flowers. She loved nature and
taught her children to love it with her. She spent days in the
woods with them, and the trees that beautified their home bore
pet names that commemorated familiar household events.
When more mothers teach these simple, natural pursuits to their
children, and share them with them; when the beauty of tree

168 NEBRASKA STATE HISTORICAL SOCIETY.

and grass and flower and the delight of making them grow is
learned bj women, we shall begin to escape from the unhealthj
environment which dwarfs us physically and mentally, we shall
have strong bodies and healthy minds and a broader outlook
into life.

Mrs. Morton has left behind her a better monument than even
the beautiful one which surmounts her last resting place, in the
lesson which she taught of collaborating with Mother Nature in
making a bit of earth beautiful and abiding in it with love.

As we have journeyed with Mrs. Morton to Nebraska City we
will take a glance at some of the women who assisted in plant-
ing homes there in those days. Mrs. John McMechan, whose
husband laid out Kearney City, which afterward became Ne-
braska City, was one, and Mrs. Geo. H. Benton had the honor
of giving birth to the first child, a boy. Sarah Kennedy was the
first bride, becoming Mrs. Geo. W. Nuckolls. Mrs. John Boul
ware was one of the very oldest settlers, and one the memory
of whose good deeds many a settler still cherishes. Mrs. James
Fitch endured the hardships of pioneer life, and there were quite
a number of others, as Nebraska City was among the first and
most numerously settled of the towns which sprang up along the
Missouri river.

Plattsmouth, lying between Nebraska City and Bellevue, was
also settled very early, and Mrs. Wheatly Mickelwait, Mrs. Wiles,
Mrs. Walker, Mrs. O'Neill, Mrs. F. M. Young, Mrs. Wm. Gilmour,
Mrs. J. McF. Hagood, Mrs. Todd, Mrs. Kirkpatrick were among
the first. Miss Sarah Morris was the first bride, becoming Mrs.
Elza Martin.

Omaha, although not first among the river towns in point of
settlement, was destined soon to surpass them all, as it became
the capital of the territory, and here we find in the person of
Mrs. Marguerite C. Cuming

THE FIRST LADY OP NEBRASKA,

the wife of Thos. B. Cuming, first acting governor of the ter-
ritory.

NEBRASKA WOMEN IN 1855. 169

Only about six months married, Secretary Cuming, for such
he had been appointed by President Pierce, with his bride left
Keokuk late in September, 1854, in a light covered wagon con-
taining a supply of j)rovisions and a man and wife in his employ.
Mrs. Cuming was only eighteen, and with the enthusiasm of
youth she regarded the trip as a pleasant adventure, as, indeed,
she seems to have done the whole of those first years in Ne-
braska. And with reason, for, surrounded by the watchful care
of her energetic and brilliant lover-husband, with her mother,
her brothers, and her sister beside her, occupying a position
which afforded much of the pleasure of life and the responsibili-
ties of which were rendered easy tO' bear by the joint co-operation
of her family, those first years were a pleasant dream, rudely
dissipated by the death of the idol of her youth, whose too lav-
ish giving of himself to his work had sapped his life forces before
anyone was aware of the strain upon him.

Arrived at Council Bluff's they were obliged to remain there
until better quarters could be provided within the limits of the
territory, and they boarded at the LaClede House, Governor
Cuming, as he shortly became, going back and forth to Bellevue,
M here Governor Burt was located.

"I well remember one trip over to Omaha while still at Coun-
cil Bluffs,'" said Mrs. Cuming. ''I had been persuaded to drive
over with some friends, the Misses Rockwood, Judge Larrimer,
and a newspaper man, Mr. Pattison, I believe, and getting caught
on this side in one of those severe windstorms which we used to
have. They said it was not safe to try to cross the river, and we
took refuge in a house by crawling through the window. The
house had just been built by General Thayer, who was still in
Council Bluffs. I waited very patiently, for I felt certain when
my husband returned from Bellevue he would come for me.
Some provisions had been stored in the house, as General and
Mrs. Thayer were expecting to move in in a few days, and we
appropriated some of them and prepared supper. The rest of
the i)arty were groaning over the necessity of staying there all
night when we hrtu'd a shouting, and looking out saw three or
12

170 NEBRAtSKA STATE HISTORICAL SOCIETY.

Umv foi'ins a|)in'():i('liiii<;, illuininatod by pitch torches which they
were carryinj*-. It was my husband, my brother, and oiir man.
Mr. Cuming insisted on starting back immediately, notwith-
standing the protests erf our mah' comjianions, and we were soon
off, jumping (juickly over the treacherous quicksands until we
reached our l)oats. and crossing in the face of the wind under
their vigorous rowing. Those wlio had told Mr. Cuming on the
(fther side that he couldn't get across were soon astonished to
see us walking in.''

Mrs. Cuming tells the following story of their inexperience as
cooks: "One of our number, who had just gone to housekee-ping,
invited us to spend the day with her. She had obtained some
beans and consulted Ikh" cook book as to the way to cook them,
but unfortunately these were bake beans and she got the receipt
for l^iima beans, whic-h said boil about half an hour. She put
(m the beans according to directions, but they i-efused to be ten-
der as they should at the expiration of the half hour, so we all
sat and waited for those beans until we were so hungry! We
were still patientl,y watching them bubbling up and down in the
water when our carriage arrived with word from Mr. Cuming
that there was an alarm of Indians and for all to come imme-
diately to the Douglas House, so we left our dinner still boiling
and drove into town. The jn-oprietor of the Douglas House
had a hungry crowd to feed, none of whom, it was very evident,
came from Massachusetts, the land of baked beans."'

In 1855 Governor (fuming built the house on Dodge street,
near Nineteenth, which, with some additions, remained the home
of Mrs. Cuming until about ten years ago. It was a j)alace for
those days, and (lovernor and ]Mrs. Cuming set out trees and
shrubbery and made a garden, so the grounds also were soon
conspicuous for their beauty. Tlie gradusil sh)pe, with the out-
look ui)on the river and the hills in the distance, made it a lovely
location, and the generous hospitality of the governor and his
family made many a pleasant occasion, upon which the settlers
of those times look back with affection. \Mien, a few years ago,
the old house was torn down and tlie gnmnds graded, removing

NEBRASKA WOMEN IN 1855. 171

tlie trees and obliteratintr the old laiidinarlv. there was many
an expression of regret.

"I well remember,'' said one gentleman, "New Year's day, 185G.
Several of us called upoii Mrs. Cuming and her mother and sister
Fanny, afterwards Mrs. C. W. Hamilton, who were keeping open
house. Mrs. Murphy had made a delicious egg-nog, the first
tasted since we came to the territory, and we had a merry time."

Mrs. Cuming, in speaking of the privations of those early days,
said: "I did not realize them then as I have done since, for I
personally had so few of them to endure. I remember being
complimented on our delicious coffee, and I took it as a tribute
to my skill, when the fact was the most delicious Mocha and Java
came to us from Mr. Cuming's uncle in New York by the sack,
such as is hard to get even now. Thirty dozen eggs came in one
day, and when I asked my husband why he bought so many he
said we might not have another opportunity to get more during
the winter. I afterwards found he paid a dollar a doizen for
them." Probably those eggs w^ent to the making of that egg-nog.

There were many social functions in those days; receptions,
balls, dances, given at the Douglas House, or the state house,
which was down on Ninth street, between Farnani and Douglas,
or upon the steamboats, which always made the occasion of
their landing the opportunity for a ball in their spacious saloons.
The majority of those who participated in them had been accus-
tomed to all the elegancies of social life in the east, and while
they laughed at the unavoidable crudenesses of house and bau-
(piet table and orchestra, they imparted after all an atmosphere
of ease and elegance that was noticeable even then, and with it
all was that hearty comradeship which is one of the delights of
a new country, and which once participated in is never forgotten.
The universal statement to the writer was, "There has never been
such hearty sociability since in Nebraska as in those early days."

Many of the women who came were brides, and wedding gowns
and delicate silks adorned these occasions, and from the first
lady of the territory through the list they graced their silken at-
tire.

172 NEBRASKA STATE HISTORICAL SOCIETY.

Mrs. Murphy, Mrs. Cumiiig's mother, ended her days iii Ne-
braska in the same house that she and her daughter had dedi-
cated to a governor's hospitality, and Mrs. Cuming has always,
been and still is a resident of the city which her husband first
called into prominence. Although the affliction of his death
and the blindness of her mother withdrew her much from soci-
ciety, she is nevertheless identified even in later days with some
of the most delightful hospitality of the metropolis of the state.
Another official of the first territorial staff was Hon. Experi
ence Estabrook, who was appointed attorney general. He came
from Geneva Lake, Wis., in 1855, and was followed by his wife
and two children a few months later. They first occupied a
house belonging to Dr. Miller, who, with his wife, was absent
on a trip up the Missouri- in a. government steamboat to give his
professional services to the soldiers in an epidemic of cholera.
Like a. true pioneer, his wife had gone with him.

With all possible haste General Estabrook built a house on his
own lots at the corner of Tenth and Capitol avenue, that they
might get away before Dr. Miller and wife returned. It 'was
built of Cottonwood boards nailed up and down to the frame-
work, had one room, with brush and hay roof, and no floor. Dry
hay was scattered over the ground and carpets laid over that,
and when the rain penetrated the primitive roof and dripped <m
the carpets and hay they were carried out and hung up, and dry
hay substituted. Partitions were made by hanging up other
carpets. In this house they lived until a more comfortable one
could be erected. At that time Henry Estabrook, since become
an orator whose silvery eloquence does honor to Nebraska, was
a baby.

Within these primitive surroundings Mrs. Estabrook became
famous for her generous aid to every one who needed help. *'I
hope," said Mrs. Poppleton, another of those pioneer women who
has left her impress upon those times, "that you will tell of Mrs.
Estabrook that she was always helping someone. She was fa-
mous for her cookery, and everyone was made welcome to her
table."

NEBRASKA WOMEN OF 1855. 173

Thus do the women of those times bear testimouy t<» tin- ^ood
d(^ds of each other.

Mrs. Estabrook still lives and still is known as she always was
for the (jniet unostentations doin*'- of good.

From Mrs. Lyman liichardson comes the following most in-
teresting sketch, and although she with her family did not come
until just after the period prescribed for this artiel(\ their experi-
ences as portrayed by her are so interesting a ]>icture of those
times that I give them entire. Mrs. liichardson was a daughter
of John T. Clark, and the three sisters s])oken of were Miss Imo-
gene, who still resides in Omaha; Miss Dora, who married Rev.
Algernon Batt<^; and Miss , who became Mrs. King.

"We arrived in Omaha early in May, MO. after a tri]) of twelve
days on a steamboat, from St. Louis. The trip was a very pleas-
ant one, though at times a little monotonous, as we traveled up
stream, and were frequently on a sand bar several hours at a
time. We had lovely days and beautiful moonlight nigiits, and
to four young girls, without a thought or a care, life seemed full
of joy and pleasure. When we landed there were a number of
young men at the landing to see for themselves if it was really
true that four young ladies were to be added !<► tlif few already
here.

'*My father had succeeded in renting a house of fom- small
rooms, with a lean-to for a kitchen, from Mr. .1. I. Kedick. and it
stood where the Millard Hotel now stands. The hidies all called
on us after a few days. Mrs. Cuming, with hei- sister Fanny,
now Mrs. C. VV. Hamilton, Mrs. llanscom, Mrs. I'eck, wife of our
physician, Mrs. .John McCormick, Miss Lide. Patrick, now Mrs.
Josej^h Barker, and otlans. \\v had brought a sei\MMi giil with
us from St. Louis, who had luouiised to slay with us one ye:ir.
but slie married in less than three weeks, so we had to cook, wash,
iron, and do the housework. .\s we were no\ i.cs in it all, it
came pretty hard on our dear uiotiier, who, of roiiise, had a gen-
eral oversight of the work. Later in the season we w<'re able
to procure 'help' by going up to Florence and persuading a very
incompetent girl to remain over a trip; the Mormons wen- siari

174 NEBRASKA STATE HISTORICAL SOCIETY.

ing their trains three times a year from that point. She did the
rongh work, which was a great helj), and in that way we had
more time on our hands. Our piano was still boxed at the ware-
house, and after much persuading and many pleadings we were
allowed to have it, though it necessitated the removal of every
piece of furniture in the warehouse. As it was a large, old-fash-
ioned, square piano and occupied two-thirds of our room, it
barely left space enough at one end to open and close the only
window in the room. I can't tell whether I looked oftener at the
notes or the window, ais there was very frequently a dusky face
flattened on the window pane, and there was no escape, as every
one in the house was so darkened. All we could do was to lock
every door and call out, 'puck agee,' which meant 'go away,' but
they seemed to enjoy our fright and great discomfort, especially
the squaws, with the little papooses strapped to their backs.
One day a panp was broken, and I think the only glazier in the
town was sent over to replace it. He came in barefooted, and
entered into conversation with much interest, and as he was
leaving he said: 'If you're going to the party to-night, I'd like to
dance the first set with you.' I replied I had not yet made up my
mind whether I would go or not, but sure enough, he was there.
Of course I was engaged for every dance, so had not the pleasure
of his society. A few days after we had another dance, given
by Armstrong «S: Clarke in their new furniture warehouse that
stood where the Dewey & Stone Company now is. It was
a house-warming, and I remember I danced a. 'hoe-down' with
Governor Cuming, who dared me to do it. That night we took
two of the girls home with us to stay all night. We were limited
as to bed accommodation, and so had to occupy the floor and
sleej* under the piano. As I was the slimmer of the two, I had
to sleep l)ack of the iiedals, and my friend in front. But for all
the discomforts we slept soundly, and were ready for the evening.
Knowing a boat was looked for, we were discussing what we
should wear, when we heard the whistle. Oh, the cove-oyster
soup, steamboat sandwiches (much like railroad 'tidbits' of the
same name), and the canned peaches, were a sup])er for the gods,
to .say nothing of the goddesses!

NKHKASKA WOMEN IN ISoo. 175

"Our bouse, which was pieparcHl in St. Louis, and still stauds
at Capitol avenue and 17th street, was tiuislied, and we moved
in, thinkinji and feeling as if we were in another place, with such
palatial surroundin«;s. Father had a high board fence around
three sides of the place, so it was called 'Tbe Fort.' Such good
times we have never had before or since. Three daughters were
married in the old house, and 1 recall many lovely morning walks
there while it was building, and tlie luMutiful wild tlowei's ])icked
on the grounds.

" '(:Tod bless us every one,' says Tiny Tim. 'and may we live long
and prosper,' we and our families.''

Mrs. Geo. L. Miller was one of the band of <ultured 3'oung
women who, with their husbands, cast their lot in a new country,
and lived to see the land of the Mahas become Omaha, the only
city of its name on the continent. Mrs. ^filler lias passed
through all the vicissitudes of life in a new land from the little
house on the open prairie to the great stone castle which will be
her home for the remainder of her life, probably, and she has
many a pleasant reminiscence of those passing years.

Mrs. Joseph W. Paddock came in 1854, and she. too, has been
identified with all the years of Omaha's growth.

Mrs. Jno. M. Thayer was another of the pioneer women in this
new territory and state, where she lived to share with her hus-
band the responsibilities and dignities of his cai-eer as a general,
a governor, and a Tnited Stat<*s senalcw.

Mrs. A. J. llaiiscoiii was among the liist womcMi to occu[)y a
liome of her own in the new land. Slu' came with hei- husband
from Detroit to Council Hlufl's in 1S4JI. and in 1854 they built a
home on their juf-empt icu) claim near where Fort Omaha for-
merly was.

At ;i very early day Miss Seais came with hci- family t(» Coun-
cil r.lutis, wlici-c she met the young atloniey, .Mr. A ndi'ew J. Pop-
plt'lon, and in IS,"").") Ilicy were niairied and went to lumsekeeping
in a few ro(mis in the brick building on the site where the United
States National liank now stands. They at once jtroceeded to
(he bnijdinu of a li<»me of tlieii- own on the block at fifteenth and

176 NEBRASKA STATK HISTORICAL SOCIETY.

Capital aveuue, where they resided until the encroachments of
business necessitated the removal to a site further northward,
where a lovely home was built that will be doubtless for Mrs.
Poppleton, as it has been for Mr. Poppleton, her last earthly
abode. But she yet reverts with pleasure to their first home and
the enjoyment of planting the trees and vines which for years
adorned it.

Mrs. George Mills and her daughter Maggie, who afterwards
became Mrs. Dick McCormick, Avere among those who came iu
1855.

Mrs. Alf. D. Jones came with her husband to Omaha in 1854,.
and endured the hardships as she also enjoyed the pleasures of
those early days. Mr. and Mrs. Jones are still residents of
Omaha, and upon the walls of their luxurious home is a picture
of the first log cabin erected by Mr. Jones at a place called Park
Idlewild, not far from the present home of Mr. Herman Kountze.
Mrs. Jones was the first of the gentler sex to visit the first session
of the territorial legislature, held in Omaha. She had arranged
to go with Mrs. Thayer, who was detained by callers. Her pres-
ence called forth from Dr. Bradford, a member from Nebraska
City, the following lines which he indited on the spot and pre-
sented to her:

"Thougli man is called creation's lord,

And proudly steps in lofty style.
The earth was but a desert broad

Till cheered by lovely woman's smile.
So in this hall of stem-faced men.

With passions roused by fierce debate,
The entrance of dear woman's form

Smooths softly down those looks of hate."

The first woman to settle permanently in Omaha, was Mrs. Wni.
P. Snowdeu, who came with her husband from Council Bluffs for
the purpose of boarding the men who were burning the kiln of
brick that went into the first buildings of the town. A house
had been built on what is now Jackson and Twelfth streets by
the Town and Ferry Company, and called the St. Nicholas, and
this they occupied. Mrs. Snowden came to stay, as events

NEBBA8KA WOMEN IN 1855. 177

proved, for she is still a resident of Omaha, and with her hus-
band celebrated her j^oldeii wedding in this year 1897, sur-
rounded by their children and grandchildren, most of whom
were bom and reared in Omaha.

Mrs. Elizabeth Reeves, later the wife of William S. Cannon,
a merchant of Elkhorn, was the mother of the lirst child born in
Omaha, William Nebraska Reeves, at present residing in Valley
county, this state. The first girl born in Omaha was Mar-
garet Ferry, daughter of Mr. and Mrs. James Ferry, and she first
saw the light of day in a tent on the valley of a ci-eek known then
as "Paradise Lost," about where Krug's brewery now stands.
In the flight of years she has forsaken her birthplace for a home
beyond the Rocky mountains.

Mrs. E. Reeves, Sen., was the first doctor in Omaha, and not
only did successful professional work, but was most kind and
benevolent to everyone needing it, and endured many hardships
in aiding others.

Miss Adelaide Goodwill, now Mrs. Allen Root, was the first
school teacher.

The first bride was Miss Caroline Mosier, who became Mrs.
John Logan, and still resides in Omaha, a widow.

The first public speaker among women was Mrs. Amelia
Bloomer, of Council Bluft's, who later become famous as the
originator of the bloomer costume.

Among the very earliest settlers was Mrs. Wni. I). Brown,
whose husband ran the first ferry between Council Bluffs and
what is now Omaha, the land then being in the possession of the
Indians. Mr. Brown made a claim to land which comprised
about what is now the entire site of Omaha in 1853, the greater
portion of which he sold out to a ferry company. He died in
the sixties, but Mrs. Brown lived some time after him, and still
has descendants who are residents of Nebraska, one daughter
having married Mr. Alfred Sorenson, who compiled a most ex-
cellent history of the early days of Omaha. Another daughter.
Miss Nellie Brown, became a writer of some note and left some
beautiful poems that were pen pictures of her native state. Mi*8.

178 NEBRASKA STATE HISTORICAL SOCIETY.

McKeuzie is tlie only dau^htei- of the family now resident in Ne-
braska, and tells many interesting reminiscences of tlie early
days.

Mrs. Thomas Davis and Miss Davis, daughter of Mr. John
Davis, who afterwards became Mrs. Hermann Konntze, were
among the residents of those days. Miss Davis being among the
few young ladies who were the centers of attraction to the many
young bachelors who had come west to seek their fortunes.

The first woman to succumb to the hardships of the new land
was Mrs. Collins, wife of Rev. Mr. Collins, the first Methodist
minister to be stationed in Omaha.

It would have been a pleasant task, were life only long enough
and not so full of other duties, to gather into this article
the stories which these pioneers have to tell of those early days,
to see the smiles and tears chase each other across their faces
as the j>leasures and paing of those most eventful days of their
lives were recalled, but to others I must delegate the continu-
ance of this i)leasant duty, which I have only begun, hoping
that future pages of the records of the State Historical Society
will contain many a pleasant reminiscence of those women who
helped to lay the foundations of the commonwealth of Nebraska.

Some of them, who came in their youth with glowing anticipa-
tions, to build a home in the new, strange land, have gone ahead,
but they lived to see much of the growth of a country marvelous
in its rapidity, and many are yet spared to watch still further its
develoj)ment and prosperity. As their century draws to its close
may its rapidly hastening events foretell to their senses, sharp-
ened by the wisdom of years, the greater future which is conring
to this land they .have helped to give to the generation suc-
ceeding.

This is woman's century, and thus do the women of 1855 send
greeting to the women of almost 1900.

TKUE STORY OF THE DEATH OF SITTING BULL.

THE TliUP: vSTOKY OF THE DEATH OF SITTING KT)

By Major E. G. Fechet, Sixth Cavalry, U. S. A. Read before the Society, January
15. 1890; )..-iiif('d in the Cosmopolitan, XX, 493-501, March, 1896.

More tlian five years have passed since tlie most famous Indian
warrior of his time lost his life while resisting arrest by lawful
authority, and as yet the general public has never been given the
true story of the events which led up to and which culminated
in the death of Sitting liull and some of his most devoted ad-
herents. Many accounts have been written, few of which had
more than a faint color of truth. The different vei-sions were
many, and nearly all simply absurdities.

I hiring the Sioux outbreak of ]S!)()-91 the writer, then a cap-
tain of the Eighth Cavalry, was stationed at Fort Yates, North
Dakota. The ])ost was (•(imuinndcd by Lieut. -(^ol. William F.
Drum, Twclftli Infaiitiy. The gairison consisted of two com-
pnni<'s of the Twelfth Tntaiitry and two trooi)s of the Eighth
(•avah-y. The Standing Rock agency is on the north side of the
fK)st and only a few hundied yards away. Maj. James McLaugh-
lin was the agent and had held the jtosition during the (Mght or
nine ju-evious yeais. During the summer of ISiM) it liecame
a.f>pareTit that the Irulians were becoTn,ing imbued- with the Mes-
siah era/*'. Major Mcliaughlin, aided by his wife and seconded
by the well-known warrior, (Jail, and other loyally disposed
chiefs, us('d his utmost eti'oi-ts to stem the tide of fanaticism.
Sitting r»ull. who had jiiociaimi'd himself "high priest." was
thus ill direct o|>p()sition to his jigent. The exertions (ff the
latter confined the "disease" to the sett lejuiiits <in the r|i]»er
Grand Itiver. which were largely composed of Sitting Itnll's old
f(d lowers.

In a letter to Mr. Herbert \\<'lsli, of Philadelphia. Major .M<'

180 NEBRASKA STATE HISTORICAL SOCIETY.

Laughliu sa>^s: '^Sitting Bull always exerted a baneful infla-
ence over his followers, and in tliis craze they fell easy victims
to his subtlety, believing blindly in the absurdities he preached
of the Indian millennium. He proinised them the return of
their dead ancestors, and restoration of their old Indian life,
together with the removal of the white race; that the white
man's gunpowder should not throw a. bullet with sufficient force
in future to injure true believers; and even if Indians sliould
be killed while obeying this call of the Messiah, they would only
be the sooner united with their dead relatives, who were now
all upon earth (having returned from the clouds), as the living
and the dead would be united in the flesh next spring." Those
whom Sitting Bull had converted to his views gave up all indus-
trial pursuits, abandoned their homes, gathered around him,^
and raised their tepees near his house, which was on the Upper
Grand River and about forty-two miles from Fort Yates. Here
they passed the time in dancing the ghost-dance and in purifi-
cation baths.

Rations were issued at the agency every second Saturday.
Previous to October, Sitting Bull seldom failed to come in per-
son and draw his share. From that time on he sent some mem-
ber of his family to procure his rations, and no inducement of
the agent could tempt him to appear at the agency. This deter-
mination of Sitting Bull frustrated one of the schemes to get
him into safe-keeping. In the event of his coming in, Colonel
Drum had intended quietly to surround the agency with the
troops. Each company and troop had its position designated
and on signal were to move n\} quickly. Sitting Bull, by re-
maining at lumie, declined to walk into the trap laid for him.

On the J 4th of November, 1890, Major McLaughlin was ad-
vised by telegram "that the president had directed the secreitarj
of war to assume a military responsibility for the suppression
of any threatened outbreak among the Sioux Indians," and on
December 1, 1890, he was instructed "that as to all operations
intended to suppress any outbreak by force, the agent should
co-operate with and obey the orders of the military officers com-

, TRUE STOUY OF THE DEATH OK SITTING BULL. 181

Tiianding on the reseivatiou." These orders practically placed
the whole conduct of affairs in the hands of Colonel Drum, and
he and Major McLaughlin were at all times in perfect accord.
Throughout the entire civil and military services, two men bet-
ter fitted for the trying and delicate duty to come could not have
been found.

Aa each day passed it became more and more apparent that
the sooner Sitting Bull could be removed from among the In-
dians of the Standing Rock agency, the fewer hostiles there
would be to encounter wlieu the "'outbreak by force" came. In
the meantime everything had been put in shape for a sharp and
quick movement of the cavalry squadron, the troopers and
horses designated for duty (fifty from each troop), gun detach-
ments for the Gatling and Hotchkiss guns told off and drilled,
one day's supply of rations and grain, buffalo overcoats and
horse covers, extra ammunition — all packed ready to be loaded.
The transportation selected was one spring escort wagon, drawn
by four horses, and one Red Cross ambulance.

Meanwhile Major McLaughlin had sent his company of In-
dian police by small parties to points on the Grand River above
and below Sitting Bull's house. They were scattered for some
miles, ostensibly cutting timber, but as a matter of fact keeping
close wjitcli on the actions of Sitting Bull and his partisans.

With the coming of December, McLaughlin was all anxiety
to have the arrest made without dela^', and arranged with
Colonel Drum that the event should take place on the 6th.
McLaughlin selected that date as it was the next issue day, and
as the greater number of his Indians would be in at the agency,
be believed that the arrest could be effected with the least
trouble and alarm. As the 6th drew near McLaughlin became
doubtful of his authority to make the arrest, inasmuch as it
might be in conflict with the instructions referred to before as
received on November 14, and December 1, 1890. To settle
doubts he referred the matter by telegraph to the commissioner
<rf Indian affairs, receiving a. reply on the evening of the 5th to-
tho effect that no arrest whatever should be made, except on

182 NEBRASKA STATE HISTORICAL SO<;iKTY. ,

orders from the military or order of the secretary of the interior.
Colonel Drum, not having orders from "higher authority,"' felt
that he could not take the responsibility of ordering the arrest;
conse(|uently no movement was made. Both Drum and Mc-
Ijaughliu chafed under the dehiA', as they felt that eacli day of
the waiting only added to the dithcultles of the situation. Their
anxiety was quieted by the receipt of the following telegram
on the afternoon of the 12th. It will be remembered that (Jen.
Nelson A. Miles was at this time division commander:

"Headquarters Department of Dakota,

"St. Paul, Minn., Dec. 12, 181)0.
''To the Commanding Officer, Fort Yates, North Dakota : The
division commander has directed that you make it your especial
duty to secure the person of Sitting Bull. Call on the Indian
agent to co-operate and render such assistance as will best pro-
mote the purpose in view. Acknowledge receipt, and if not
perfectly clear, report back.

"By command of General Kuger.

■"[Signed] M. Barber,

"Assistant Adjutant General."

After consulting Major McLaughlin, who adhered to his idea
that it was best to make the arrest on an issue day. Colonel
Drum consented to w^ait until the 20th, which was the next
ration-drawing. Early on the morning of the 13th Colonel
Drum imparted to me his orders a.nd plans for their execution.
As I was to command the force intended to co-oijerate witli
the Indian police, he directed me to make the necessary prepara-
tions (juietly, in order not to attract attention, as he felt confi-
dent that Sitting Bull had his spies watching both post and
agency. There was but little to do, everything having been
previously attended to.

But an event came which caused us to act before the 20th,
as the sequel will show. On the 14th, about 6 p. m., as we were
enjoying the usual after-dinner Cigars beside our comfortable
firesides, "officers' call" rang out loiid and shrill on the dear

TRUK STOKY Ol-' THK DKATH OF SITTTNO HULL. 183

frosty air. lu a few niimites all the ofBceis of tlie post weif^
assembled in Colonel Diura's office. He informed us briefly
tliat the attempt to arrest Sitting- Bull would be made thkt
night; then turning, he said that charge of the troops going
out would be given to nie, that my orders would be made out
in a short time, and that my command would move at midnight.
Orders were at once given to load the wagon. A hot supper
was served to the men at 11 o'clock. Then, after seeing that
my orders were in process of execution, I went over to the
colonel's house for final instructions and to ascertain the cause
of the change of program. With Colonel Drum I found Major
McLaughlin, and learned that Henry Bull Head, the lieutenant
of police in charge of a company on Grand river, had written
to the agent that Sitting Bull was evidently making prepara-
tions to leave the reservation, as ''he had fitted his horses for a
long and hard ride." Couriers had started at 6 p. m. with orders
(o Lieutenant Bull Head to concentrate his men near Sitting
liuU's house, to arrest him at daybreak, place him in a light
wagon, move with all speed to Oak Creek, where my force would
be found, and transfer the prisoner to my custody. The lieu-
tenant of police had been instructed tO' send a courier to await
my arrival at Oak Creek, to let me know that the police had re
ceived their orders, and to give me any other information that
might be for my intei-est to know. By this time my written
order had been handed to me. I found it directed me to proceed
to Oak Creek and there await the arrival of the Indian police
with Sitting Bull. This seeuu^l faulty to me, as Oak Creek
was eighteen miles froiu (Jrand River, and my force would not
be within supporting distance of the police if there should be a
fight. Mineover, if \w should succeed in escaping from the
police, it was the intenti(ni to pursue him to the utmost, and in
\hv lace for the Bad Lands which would ensue he would have
a start of at least thirty miles.

Aft<*r some discussion with (^olonel Drum and Major Mc
Laughlin it was agreed that T should go some ten or twelve
miles bevond Oak (,'reek toward Grand River.

184 NEBRASKA STATE HISTORICAL SOCIETY.

The squadron moved out promptly at midnight. When I
was bidding Colonel Drum good-bye he said to me: "Captain,
after you leave here use your own discretion. You know the
object of the movement; do your best to make it a success."

The command consisted of troop "F," Eighth Cavalry, Lieuten
ants S. L. H. Slocum and M. F. Steele and forty-eight enlisted
men; troop ''G," Eighth Cavalry, Captain E. C Fechet, Lieuten-
ants E. H. Crowder and E, C. Brooks and fifty-one enlisted men;
('aptain A. R. Chapin, medical officer, and Hospital Steward
August Nickel, two Indian scouts, Smell-the-Bear and Iron-Dog,
Louis Primeau, guide and interjireter. The artillery, consisting
of one Catling gun with "C troop, and one Hotchkiss breach-
loading steel rifle, with "F" troop, was under the immediate
command of Lieutenant Brooks. Transportation, one four-horse
spring wagon and one Red Cross ambulance.

For the first four miles the squadron moved at a quick walk.
A halt was then made and the men were then told to fix their
saddles and arms securely, as I intended to make a rapid ride to
Oak Creek.

The ride to Oak Creek was taken at a brisk trot. Two op
three short halts were made in order to tighten girths and to
change the troop leading the column. On reaching the creek,
at about 4:30 a. m., I was greatly surprised and concerned to
find that the scout whom Bull Head had been directed to send
to meet me at that point had not arrived. Although bewildered
by this event, I realized that there was but one thing to be done,
to push my command to Grand River as rapidly as possible and
act according to the situation found. The gallop was the gait
from this time on. I was pushing the animals, but still not too
fast to impair pursuit beyond Grand River should I find that
Sitting Bull had escaped.

Just in the gray of the dawn a mounted man was discovered
approaching rapidly. He proved to be one of the police, who
reported that all the other police had been killed. I forwarded
to Colonel Drum the substance of his report, with the additional
statement that I would move in rapidly and endeavor to relieve

TRUK S'I'OHY OK THK I>KATH OF SITTING BUIX. 1H5

any of the police who might be alive. This courier (Hawkmau),
by the way. was mounted on the famous white horse given to
Sitting Bull by Buffalo Bill.

The m(Mi at once piepared for action by removing and stow-
ing away their overcoats and fur gloves. While they were
doing this 1 rode along the line, taking a good look at each man.
Their bearing was such as to inspire me with the fullest confi-
dence that they would do their duty. The squadron was ad-
vancing in two columns, the artillery between the heads, ready
for deployment. The line had just commenced the forward
movement when another of the police came in and reported
that wSitting Bull's people had a number of the police penned
up in his house; that they were nearly out of ammunition and
could not hold out much longer. At this time we could hear
some firing. In a few minutes we were in position on the
highlands overlooking the valley of Grand River, with Sitting
Bull's house, surrounded by the camp of the ghost-dancers,
immediately in front and some twelve hundred yards distant.
The firing continued and seemed to be from three different and
widely separated points — from the house, from a clump of
timber beyond the house, and from a party, apparently forty or
fifty, on our right front and some eight or nine hundred yards
away. At first there was nothing to indicate the position of the
police. Our approach had apparently not been noticed by either
party, so intent were they on the business on hand. The pre-
arranged signal in white flag) was displayed, but was not an-
swered. I then ordered Brooks to drop a shell between the
house and the clump of timber just beyond. It may be as well
to state here that the Hotchkiss gun would not have been up on
the line at this time but for the courage and presence of mind
of Hospital Steward Ni(;kel. In going into position over some
Yf^vy nmgh ground the gun was overturned and the harness
broken, so that the animal drawing it became detached. Stew
ard Nickel, a man of exceptional physical strength, c<miing up
with the Red Cross ambulance, seeing the plight the gun was in.
»<.'ated himself on the bottom of the ambulance, bracing his feet
13

1S6 NEBRASKA STATE HISTORICAL SOCIETY.

against the tail gate, took a good grip witli his hands on the
shafts, told his, driver to go ahead, and in this way dragged the
gun up to the line.

The shell from the gun had the desired effect and a white flag
was seen displayed from the house. Slocum and Steele, with
their men dismounted, advanced directl}^ on the house. Crow-
der, with ''G" troop, was ordered to move along the crest and
])rotect the right flank of the dismounted line. Brooks threw a
few shells into the timber, also against the party which had
been on our right front, but was now moving rapidly into the
valley. As Slocum's line appriiached the house the police came
out and joined it. The line was pushed into the timber, dis-
IcKlging the few hostiles who remained. I now caused the dis-
mounted line to fall back to the vicinity of the house, pickets
being left at the farthest point gained by the advance. All tho
hostiles having disappeared, Crowder was recalled.

I had moved with the dismounted line and in passing the
house had noticed Sitting Bull's body lying on the ground. On
returning, when the advance fell back, I saw the evidences of a
most desperate encounter. In front of the house, and within a
radiusi of fifty yards, were the bodies of eight dead Indians,
including that of Sitting Bull, and two dead horses. In the
house were four dead policemen and three wounded, two mor-
tally. To add to the horror of the scene the squaws of xSitting
Bull, who were in a small house near by, kept up a great wailing.
I at once began to investigate the causes which brought about
the tragedy. The inquiry showed that the police entered the
house about 5:50 a. m. and arrested Sitting Bull. He occupied
considerable time in dressing and at first accepted his arrest
quietly; but while he was dressing his son, Crowfoot, com
menced upbraiding him for going with the police. On this
Sitting Bull became obstinate and refused to go. After some
parleying the police removed him from the house and found
themselves and prisoner in the midst of the whole crowd of
ghost dancers, frenzied with rage. As to the occurrences out
side the house, I will again quote from Major McLaughlin's

TRUE STORY OF THE DEATH OF SITTING BULL. 187

letter, the details of which are more complete than my notes
and were distinctly corroborated by investigations on the spot
made within three hours after the fight:

"The policemen reasoned with the crowd, gradually forcing
them back, thus increasing the circle considerably; but Sitting
Bull kept calling upon his followers to rescue him from the
police; that if the two principal men, Bull Head and Shave
Head, were killed the others would run away; and he finally
trilled out to them to commence the attack, whereupon Catch-
t he-Bear and Strike-the-Kettle, two of Sitting Bull's men,
dashed through the crowd and fired. Lieutenant Bull Head
was standing on one side of Sitting Bull and Sergeant Shave
H(^ad on the other, with Sergeant Red Tomahawk behind, to
prevent his escaping. Catch-the-Bear's shot struck Bull Head
on the right side and he instantly wheeled and shot Sitting Bull,
hitting him in the left side, between the tenth and eleventh ribs,
and Strike-the-Kettle's shot having ^ passed through Shave
Head's abdomen, all three fell together. Catch-the-Bear, wh<)
fired the first shot, was immediately shot down by Private Tx)ne
Man."

The fight now became general. The police, gaining posses-
si i>n of the house and stables, drove the ghost-dancers to cover
iu the timber near by. From these positions the fight was kept
lip until the arrival of my command.

While I was engaged in the investigation breakfast had been
jM-cpared for the men and grain given to the horses. Going to
th4' cook-fire for a cup of coffee, which I had just raised to my
lips, 1 was startled by the exclamations of the police, and on
looking up the road to where they pointed saw one of the ghost-
dancers in full war array, including the ghost-shii-t, on his horse,
not to exceed eighty yards away. In a fiash the police opened
tire on him; at this he turned his horse and in an instant was
out of sight in the willows. Coming intO' view again some four
luindred yards further on, another volley was sent after him.
Still further on he passed between two of my picket posts, both
of which fired on him. From all this fire he escaped unharmed,
only to fall at Wounded Knee two weeks afterward.

188 nf:braska state historical socip:ty.

It was ascertained that this Indiau had deliberately ridden up
to our line to draw the fire, to test the invulnerability of the
ghost-shirt, as he had been told by Sitting Bull that the ghost-
shirt worn, in battle, would be a perfect shield against the bul-
lets of the white man. He, with some others of the most fanati-
cal of the party, fled south, joining Big Foot's band. He was
one of the most impetuous of those urging that chief not to sur-
render to Colonel Sumner, but to go south and unite with the
Indians in the Bad Lauds, backing up his arguments by the story
of the trial of his shirt. Who can tell but that the sanguinary
conflict at \A'ounded Knee, December 28, would have been
averted if the Indian police had been better marksmen and had
brought down that daring Indian; and that Captain Wallace and
his gallant comrades of the Seventh Cavalry, who gave up their
lives that day, would be still among us?

The excitement over the bold act of the ghost-dancer had
hardly died away when another commotion was raised by the
discovery of two young boys concealed in the house where the
squaws were. They were found under a pile of buffalo robes
and blankets, on which several squaws were seated. These
boys were taken to the agency and turned over to Major Mc-
Laughlin, not murdered before the eyes of the women, as one
newspaper account stated.

About 1 p. M. the squadron commenced the return march.
Before leaving, the bodies of the hostiles were laid away in one
•of the houses and the squaws of Sitting Bull released, they hav
ing been under guard during our stay. Well knowing that they
would communicate with their friends on the withdrawal of
the troops, I sent a message to the hostiles to the efl'ect that if
they would return and stay peaceably in their homes they would
not be molested.

The dead and wounded Indiau police and the remains of Sit
ting Bull were taken with the command to the post. On arriv-
ing at Oak creek, about 5 p. m., a courier was met with a mes
sage from Colonel Drum to the efteot that he would join me some
time in the night with the infantry. About midnight Colonel

TRTIK HTOKY OF THK DEATH OF SITTING BULL. 189

Drum, with tin* companies of Captains Craigie and Haskell,
maj'clied in, bringing with them food, forage, and tents, all of
which we needed sadly. The cold was intense and fuel so
scarce that only very small flres could be made. Our stomachs
wei-e in a state of colla^)se, as we had had but one light meal
since leaving the post, twenty-four hours before, during the
first seventeen of which the entire command had ridden over
sdxty miles, and part of it nearly seventy miles. Supper was
cooked in short ordei% and the infantry generously sharing their
blankets with us, the balance of the night was passed com-
fortably.

After a long and anxious conference with Colonel Drum as to
further operations, it was decided that pursuit might possibly
do much harm, by causing many Indians to flee into the Bad
Lands. Accordingly Colonel Drum ordered the command to
Fort Yates, the movement to commence at daylight. Subse-
(}uent events proved the wisdoim of Colonel Drum's decision,
as, in response to the messages sent by Major McLaughlin by
runners to those who had left the reserv.atiou, one hundred and
sixty returned in a few days, and two weeks later eighty-eight
more were added to the one hundred and sixty. Of those that
had held their way to the south, one hundred and sixty-eight
men, women, and children surrendered to Lieut. Harry E. Hale,
Twelfth Infantry, on the 21st, near the mouth of Cherry Creek,
a tiibutaiy of the Cheyenne River. Only about thirty-eight
men, women, and children went to Big F'oot's camj). Had ]>ur-
suit been made, all the Indians of Sitting Bull's faction would
undoubtedly have been forced into the band of Big Fool, thus
swelling the force which met Colonel Forsyth at Wounded Knee

The dead policemen were buried witii mililaiy honois in the
agency cemetery. The Indian police and their friends objected
s-">o strenuously to the interment of Sitting Bull among tln'ir
(lead that he was buried in the cemetery of the posi.

In this account of the events which led up to and resulted in
the death of Sitting Bull, I have in some cases merely alluded
to incidents which were actually important, and which I would

190 NEBRASKA STATE HISTORICAL SOCIETY.

have preferred to describe in greater detail. The principal of
these is the courage and devotion to duty manifested by the
Indian police while attempting to make the arrest; and I am
forced to express all the admiration which I feel for these well-
nigh unknown heroes. The service which they rendered was
of the highest value, and importance, and it has not, in my opin-
ion, met with adequate appreciation. Liberal pensions are paid
to the widows and orphans of those who lost their lives or were
disabled in the civil war. I trust a similar liberality will b<'.
shown to the widows and orphans of Bull Head, Shave Head,
Little Eagle, Afraid-of-Soldiers, John Armstrong, Hawkman,
and Middle.

[J-PROCEEDrNGS.

PROCEEDINGS OF THE SOCIETY.

NINETEENTH ANNUAL MEETING.

University Chapel. Lincoln, Nebk.,

January 14, 1896.

The society was called to order by Hon. R, W. Furnas, in the
enforced absence of the president of the society. After roll call,
which disclosed a quorum present, the minutes of the meetings
of January 15 and 16, 1895, were read by the secretary and ap-
proved. The first paper of the evening was read by Rev. Will-
iam Murphy, of Tecumseh, entitled "A Brief Sketch of the Life
of Captain P. S. Real, of Sherman's Army." Hon. J. Q. Goss.
of Bellevue, then gave a graphic account of "Bellevue: Its Past
and Present;" after which Mr. I. A. Port presented a carefully
prepared paper on "Edward Morin, One of the Early Settlers of
the Trans-Missouri Country." This ending the papers for the
evening, the society went into business session. A telegram
to ex-Governor Furnas, first vice-president of the society, from
the president of the society, Hon. J. Sterling Morton, was read,
as follows:

"Washington, D. C, .lanuary 10, 1896.
^'ftobert W. Furnas, Brownville, Nebr.:

"Impossible for me to attend Historical Society meeting this
year, but hope they will not condemn me for my absence. Have
sent a pap(u* to Mrs. Sawyer to be read.

"J. Sterling Morton.''

The annual report of the secretary, containing some summa-
ries from the librarian's report, was then read. An offer was
made by Mr. F'urnas, Mr. Stolley, and Mr. Harwood to con-
tribute |5 each to purchase a bust of Hon. J. Sterling Morton,
to be pi'esented to the society.

194 NEBRASKA STATK HISTORICAI. SOCIETY.

The report of the librarian was read and approved, as was also
the report of the treasurer, Hon. C. H. Gere. Mr. J. Q. Goss
presented a skull of an Indian chief found at Btellevue on thi?
farm of Hon. B. R. Stoufifer. Mr. W. H. Woods gave to the
society a gavel made from wood taken from old Fort Calhoun,
or Fort Atkinson, as it was also called. The thanks of the
society were extended to both of these gentlemen for their
presents and thoughtful recognition of the society. The fol-
lowing names were then presented for membership in the society
and received by unanmious ballot: Hon. H. C. Lindsey, Pawnee
County; John W. Dixon, Nebraska City; W. R. Patnck, Belle-
vue; L. J. Abbott, Lincoln.

The following officers were then elected for the ensuing year:
J. Sterling Morton, president; Robert W. Furnas, first vice-
president; W. S. Summers, second vice-president; C. H. Gere,
treasurer; H. W. Caldwell, secretary.

H. W. Caldwki.l, Secretary.

R. W. FuuNAS, First Vice President.

University Chapel, Lincoln, Neb.,

January 15, 1896.

The society was called to order by Hon. Robert W. Furnas,
first vice-president. Papers were then presented as follows:
Rev. C. S. Harrison, on the "Ethics of Horticulture"; by the Hon.
J. Sterling Morton, on "Taxation Then and Now," read by Mrs.
A. J. Sawyer in the absence of Mr. Morton. Mrs. Minick dis-
cussed from her own recollections the subject of "The Under-
ground Railway in Nebraska." After this the society was fa-
vored with a very able paper by Major Fechet. on "The True
Story of the Death of Sitting Bull." Mr. J. P. Dunlap, of Dwight,
discussed, under the title of "Reminiscences," his recollections
of early days in Nebraska.

On motion of the secretary the thanks of the society were
extended to all those who had prepared papers, and a request
was made that copies of the same be furnished the society for
publication, which was carried unanimously. The following

PKOCEKDTN(5S OF THE SOCIETY. 196

persons were theu elected to membership in the society: Chau-
<;ellor G. E. MacLean, Hon. Edward Morin, Major E. G. Fechet,
Jndp' M. B. Reese, and Mr. A. S. Godfrey. As there was no
more business, the society then adjourned.

H. W. Caldwell, i^ecretary.
R. W. FuKNAS, First Vice- President.

TWENTIETH ANNUAL MEETING.

University Chapel, Lincoln,

January 12, 1897.

In the absence of the president, Hon. J. Sterling Morton, the
society was called to order by Hon. R. W. Furnas, first vice-
president. The call of the roll disclosed the presence of a quo-
rum, but only a small minority of the active members of the
s(K;iety. The program of the evening was devoted to the gen-
eral subject of the first territorial legislature, that of 1855.

The opening paper was by the president of the society, and
in his absence was read by Mrs. A. J. Sawyer. Then Mrs. Har-
riet S. MacMurphy, of Omaha, presented a paper on "The
Women of 1855." Both of these papers were able, and shed
much light on the conditions in Nebraska at that da-te. A
biography of Hon. A. J. Poppleton, in the absence of its author,
was read by Mr. A. S. Harding. Mr. Barrett then presented
a very interesting general sketch of the men who composed the
Nebraska legislature of 1855. After some general announce-
ments, the society adjourned to meet at 7:80 v. m., January 13,
for the election of officers and the transaction of such other
general business as should come before the society.

H. W. Caldwell, Secretary.

R. W. FuKNAS, First Vice-President.

University Chapel, January 13, 185)7.
The secretary's report for the last annual meeting was read
Lud approved. Mr. Barrett then juesented his re{)ort as libra-

196 NEBRASKA STATE HISTORICAI^ SOCIETY.

riau, which was received and placed on file. The report of the
treasurer, Hon. C. H. Gere, was presented, audited, and ap
proved. It showed a total balance on hand January 12, 1897,
of |1,14G.14.

The following communication, presented by Prof. C. E. Bes-
sey. was received from the Nebraska Academy of Sciences:

1 . That Professor Bessey be requested to lay before the State
Historical Society a plan to incorporate the proceedings of the
Nebraska Academy of Sciences with the publications of the
society.

2. That the Historical Society be requested to give the matter
immediate attention.

8. In case this proposition is accepted, the Academy hereby
pledges itself to use its best endeavors to further the several
undertakings of the Historical Society.

Adopted by the executive committee, jointly with the legis
lative committee, January 13, 1897. G. D. Swezey,

Sec. Nehr. Acad, of Sciences.

After some discussion by Professor Bessey, Mr. Hartley, and
Hon. R. W. Furnas, the request was acceded to and the secre
tary empowered to arrange details for a. joint publication. Under
this p-lan the forthcoming volume of the Historical Society will
contain some seventy-five or eighty pages of matter furnish«'d
by the Academy of Sciences.

The following names were presented for membership: Frank

E. White, Plattsmouth; A. E. Pope, Red Cloud; Mrs. Laura N.
Dickey, Palmyra; Thomas P. Morgan, Palmyra; H. B. Ward,
Lincoln; E. H. Barbour, Lincoln; Dr. P. L. Hall, Mead; Dr. r.

F, Steward, Auburn; E. F. Stephens, Crete; Dr. G. W. Wilkin
son, 1704 Washington street, Lincoln; W. E. Stewart. Lincoln;
F. W. Taylor, Lincoln.

The rules were suspended and the secretary instru(;ted to cast
the unanimous ballot for those above named, which was done,
and they were declared duly elected.

The election of oflScers resulted as follows: Hon. J. Sterling

FKOC!KEDIN(iS OF THK SOCIETY. 197

M(»rTon. presideut; Hon. K. W. Furnas, first vice-president; Hon.
W. S. Summers, second vice-president: Hon. C. H. Gere, treas.-
urer; Prof. H. W. Caldwell, secretary.

The first paper of the evening was by Mr. Koscoe Pound, on
the ''Organization of the Sons and Daughters of Nebraska."
This was followed by a paper by Hon. J. Sterling Morton, on
"Then and Now: 1855 and 1S97." The latter paper was read
by the secretary.

At this point an interesting discussion took place concerning
early territorial legislation, participated in by Judges S. li.
Pound, M. li. Reese, J. K. Webster, and J. H. Piroady.

A vote of thanks was extended by the society to those who
had presented papers and taken part in the discussions, and a
request was also made for their papers for publication. It was
siiggested that a picture of Elder J. M. Young onght to be pro
cured by the society, and the secretary was institicted to see
what could be done in regard to the matter.

There being no other business to come before the society, an
adjournment took place until the next annual meeting.

H. W. Caldwell, tHecreiavy.

H. W. Fi UNAS, First Vice-President.

198 NEBRASKA STATE HISTORICAL SOCIETY.

TREASURER'S REPORT, 1897.

Lincoln, January 12, 1897.
Hon. J. sterling Morion, President of the Nebraska State Historical
Society,
Sir: I have the honor to submit the following report of tli<^
receipts and disbursements of the society for the year ending
January 12, 1897:

BANK ACCOUNT.

Balance on hand in First National Bank
of Lincoln, subject to check, on January

14, 1896.. * 14:53 24

Received membership fees 4 00

Interest on deposits from Jan. 14, 1896. ... 12 96

Balance on deposit this day .|450 20

auditor's ACCOUNT.

Balance on hand January 14, 1896 |2,263 66

Warrants drawn for salaries and sun-
dries 1,567 72

Balance in state treasury 695 94

Total balance on hand .f 1,146 U

Very respectfully, C. H, Gere, Treasurer.

Approved.

INDEX.

Abbott, Dr. J. L , 194.

Abolition, 70-79.

Academy of Sciences, 19G.

Actions at law, 159.

Adoption of Iowa code, 135.

Afraid-of- Soldiers, Indian, 190.

Agencies for land, 1855, 147.

Agricultural Society, Oakland, Mich., 103.

Agricultural Society, Otoe County, 64.

Albion, Mich , 164.

Alden, Isaac R., 124.

American Fur Company, 37,47, 48, 163.

Ames, Oakes, 102.

Annin, VV. E., 115.

Annin, Mrs. William E., 115.

Antelope, 54.

Area of Nebraska, change in 1882. 11.

Argenta, Ark., 123.

Armstrong and Clark, Omaha, 174.

Attica, N. Y., 128.

Atkinson, Fort, 194.

Attorneys, qualifications in 1855, 139.

Baker, Martha (Mrs. J. I). N. Thompson),
93.

Bangs, S. D., 46.

Barber, M., 182.

Barbour, Prof. E. H., 196.

Barrett, Jay Amos : Article on Ponca
[ndian-:, 11-25; biographies of mem-
bers of -first legislature, 124-134; 195.

Bartlett, Sidney, 103.

Bellville, Ohio," 95.

Bellevue, city, 36-47, 117.

Bcllevue precinct, election of 1853, 133,
note.

Bennet, H. P. .reminiscences, 88-92, 117.

124, 127.
Bennet, Lsaiah II., 88,164.

Bennett, John B.. 149.

Bennett, Rachel, 164.

Ben Thompson Post, 809.

Benton, Fort, 48.

Benton, Mrs. George H., 168.

Benton, T. H., Jr., 46, 142.

Bessey, Prof. C. E., 196.

Bethlehem, la., 164.

Big Foot's band, 188.

"Big Six," 131.

BIrkett, Indian agent, 17.

Blackbird Misision, 46.

Blackfeet, 48.

Black Hawk War, 93.

Bloomer, Mrs. Amelia, 177.

Boulware, Mrs. Johu, 168.

Boundary of Nebraska, Northeastern,

11.
Bond system, 67-69.
Box Elder canyon, 51.
Bradford, A. H., 88, 118, 124, 127, 176.
B-ridger, Fort, 50.
Bridger, Jim, 50.
British influence on Indians, 13.
Broady, Judge J. H., address, 144-152,

197.
Brooks, E. C, 184.

Brown, Miss (Mrs. Alfred Sorenson\ 177.
Brown, John, 70-79.
Brown, Mary A. (Mrs. Fleming David-
son), 120.
Brown, Miss Nellie, 177.
Brown, Richard, 117, 127.
Brown, Mrs. William D., 177.
Brown, William D., 177.
Brownville, 60, 93, 117, 122, 123, 150.
Brownville & Fort Kearney R. R., 61.
l?rule Sioux. 26.

202

NEBRASKA STATE HISTORICAL SOCIETY,

Buchanan, W. W , 73.

Buffalo County, survey, 53.

Bufifiilo Courier, quoted, 127.

Buffaloes, 49.

Burbank, John, 74.

Burbank, Joseph, 74.

Burials, Indian, 41.

B. & M. R. R., 62.

Burlington, la., 129.

Burt County, 65, 117.

Burt, Gov. Francis, 164.

Bull Head, Indian, 183-190.

Byers, W. N., 130, 131.

Caldwell, H.W., 194-197.

California road, 55.

Calloway County, Missouri, 121.

Carlisle, city, 141.

Canada West, 72.

Cannon, Mrs. W. S., 177.

Cannon, William S., 177.

Cass County, 65.

Caste, social, 41, 42.

Catch-the-Bear, Indian, 187.

Chapin, Capt. A. R., 184.

Chapin, Hon. W. F., 15!).

Chatham gathering, 72.

Chester, city of 1855, 141.

Cheyennes, 48.

Cities, number of in Nebraska, 156

Civil War, 93.

Claim Clubs, 100.

Claim Club, Bellevae, 45.

Clancy, William, 131.

Clark, Imogen, 173.

Clark, John T., 178.

Clark, M. H.,117, 132-134.

Clark, Miss (Mrs. King), 173.

Clark, Dora (Mrs. Algernon Batte), 173.

Clarke, Governor, of Mo. Territory, 13.

Clarke, Hon. Harry H., 47.

Clarke, Hon. H T.,45, 46.

Clarkson, Bishop R. H., 104.

Clayton, city, 141.

Code of Iowa, 135, 139.

Code ot Illinois, 140.

Code of Ohio, 140.

Codes, early, 158.

Collins, Mrs., 178

Columbus, city, 23, 56.

Cooking, camp, 54.

Corporations, 1855, 156.

CosmopoKtan, article on Sitting Bull, 179.

Cost of Indians, 24.

Cost of local government, 58-69.

Council Bluff, 13.

Council Bluffs, la., 92, 129.

Counties, original, 136.

County expenses, 58-69.

Cowles, C. H., 119, 127.

Credit Mobilier, 102.

Creighton, Edward, 108.

Creole women, 163.

Criminal Code of 1855, 139.

Crook, Fort, 47.

Crooks, Zada (Mrs. William Poppleton),

95.
Crops of Ponca Indians, 18, 19.
Cross, D. C.,123.
Cross Hollow, Ark., 123.
Crowder, E. H., 184.
Crowfoot, son ot Sitting Bull, 186.
Crow Indians, 48.

Cuming, Mrs. Margaret C, 168-171.
Cuming, Act. Gov. T. B., 58, 89, 90, 98,

136, 169, 170, 174.
Curtis, General, 57.
Cushing, Mayor R. C, 104.
Dakota county, 65.
Dakota Indians, 18. See Siovx.
Davidson, Fleming, 120.
Davis, Miss (Mrs. Herman Kountze), 178.
Davis, Jefferson, 101.
Davis, John, 178.
Davis, Mrs. Thomas, 178.
Death of P. S. Real, 34.
Decatur, Commodore Stephen, 43,45, 91 ,

165.
Democratic government, 67.
Dennison, Major W. W., 80-82.
Diary of J. P. Dunlap, 53-57.
Dickey, Laura N., 196.
Dixon, J. W., 194.
Doniphan's Regiment, 93.
Dougherty, John, 38.

203

Douglas County, 45, 65, 113.

Douglas House, Omaha, 1G7, 170.

Downs House, 88.

Drum, Lieut. -Col. W. F., 179-190.

Dundy, Judge E. S., 74.

Dmilap, J. P., diary, 53-57, 194.

Economic improvements, 1855-1897, 83-

87.
Edmunds, Gov. Newton, quoted, 20.
Eighth Cavalry, 179.
Election, first, in the territory, 126.
Eleventh U. S. colored troops, 123.
Elizabeth, city, 141.
Elk, 54.

Elk Hill, Bellevue, 40.
Eikhorn, 96.

Estabrook, E.xperience, 172.
Estabrnok, Henry, 172.
Eureka Springs, Ark., 34.
Evans, John, 130 ; cjuoted, 162.
Expense of government, 58-69.
Factory system, 13.
Falls City, 72.
Farming, Poncas, 18.
Fechet, Major E. G., paper on death of

Sitting Bull, 178-190; 194, 195.
Ferguson, Judge A. N., 164.
Fergu-on, Judge Fenner, 45, 90, 164.
Ferguson, George, 116.
Ferris, Mrs. C E. (Miss Folsom), 128.
Ferry, Mr. and Mrs. James, 177.
Ferry, Margaret, 177.
Ferry, Platte, 55.
Fifield, Captain, 121.
Filth Missouri Militia, 93.
Fillion, Mrs., North Platte, 50.
Fillmore county, Neb., 31.
B^irst Nebraska Volunteers, 112.
First territorial legislature of Nebraska,

88-161.
Fitch, Mrs. James, 168.
Florence, city, 116, 117.
Florence, city, origin of mi me, 129.
Florence legislature, 100.
Folsom, B. R., 90,118, 124, 125, 127-8.
Folsom, Col. John B., 128.
Folsom, N. R., 125, 128.

Folsom, Silas, 128.

Fontenelle, 143.

Fontenelle, Henry, 47.

Fontenelle, Logan, 40, 165.

Fontenelle, Lucien, 165.

Fontenelle, Susan, 165, 166.

Fording the Platte, 55.

Foreclosure law, 1855, 138.

Fort, I. A., articles by, 48-52, 80-82; 193.

Fort Benton, 48.

Fort Bridger, 50.

Fort Kearney, 57.

Fort Kearney, original, 44, 88.

Fort Leavenworth, 81.

Fort Lookout, 48.

Fort McPherson, 51.

Fort Pierre, 48.

Fort, Sutter's, 50.

Fort Union, 48.

Forty-eighth Missouri Vo'unteer Infan-
try, 94.

Fowler, John W., 97.

Frances, city, 141.

Franklin Insurance Co., 142.

Free State League, 71.

Fremont, Col., 33.

Furnas, Hon. R. W., 154, 193-197.

Gall, Indian, 179.

Game, 1844, 50.

Gardner, David, 55.

Garrett, Bishop, 108.

Gayle, Mary (Mrs. Joe La Flesch), 163.

Gayle, Dr., 163.

Geneva Lake, Wis., 172.

Gentry's Regiment, Colonel, 93.

Gere, Hon. C. H., 195-198.

Gill, George B., 76.

Gilmour, Mrs. William, 163.

Glen wood, la., 88, 93, 119.

Godfrey, A. S., 195.

(loodwill, Miss Adelaide (Mrs. Allen
Root, 177.

Goodwill, T. G., 118, 128.

Goss, Hon. J. Q., 193, 194; article on
Bellevue, 36-47.

Government, local, 58-69.

fJrafton, town, 31.

204

NEBRASKA STATE HISTORICAL SOCIETY,

G. A. R., James Shields Post No. 33, 36.

Grand Central Hotel, Omaha, 106.

Grand River, 181-190.

Grant, General U. S., 29, 33.

Grayson County, Texas, 92.

Greene County, f41.

Habeas Corpus Case, 24.

Hacker, T. C, 123.

Hackbush, Henry H., 53.

Hagood, Mrs. J. McF., 168.

Hail, William B., 130.

Hale, Harry E., 189.

Hall County, survey, 53.

Hall, P. L., 196.

Hamilton, Amanda, 164.

Hamilton, Elsie, 164.

Hamilton, Maria, 164.

Hamilton, Mary, 164.

Hamilton. Miss M. E., 47.

Hamilton^ Mrs. C. W., 171.

Hamilton, Mrs. William, 164.

Hamilton, Rev. William, 45, 46, 164

Hanscom, Mrs. A. J., 173, 175.

Hanscom, Hon. A. J., Ill, 130.

Harding, A. S., 195.

Harlan, Edward R., 45.

Harper's Ferry, 70.

Harrison, Rev. C. S., 194.

Hartley, Prof. E. T., 196.

Harvey, Premo & Co., 49.

Harwood, N. S., 193.

Hawkman (Indian), 185.

Henry County, 111., 31.

Herd law, 147.

Hileman, Blair & Co., 120.

HoUoway, C. T., 45.

Hookstra, Dennis, 55.

Howard, A. E., Indian agent, 23.

Hunlon, city, 141.

Hurley, Lucinda (Mrs. R. B. Whitled,)

92.
Illinois code, 140.
Immigration into Nebraska, 14.
Impeachment law of 1855, 148.
Improvements since 1855, 83-87.
Indians, 48 ; character, 52 ; country, 14 ;

curiosity, 166 ; Mandans, 51 ; Missou-

ris, 14 ; number, 12 ; Omahas, 12, 14,
20, 37, 41 ; Osages, 41 ; Otoes, 14, 37 ;
Pawnees, 14, 37, 56; Poncas,ll-25,
52 ; presents to, 13 ; Rees, 51 ; Sioux,
51, 52 ; Territory, 21, 23 ; women, 162.

Intemperance, Ponca treaty of 1858, 156.

Iowa code, 135. m

Iowa, settlements in western, 1854, 160.

Iron- Dog, Indian, 184.

Izard County, 141.

Izard, James S., 142.

Izard, Gov. M. W., 45.

Jack Morrow ranch, 51.

Jackson County, 141.

Jackscnian element in the first legisla-
ture, 145.

Jacksonville, city of Nebraska I'erritory,
141.

James, Judge, Council Bluffs, 126.

Johnson, Hon. Hailey D., 132.

Jones County, 136.

Jones, Mrs. Alf D., 176.

Jones, Hon. A. D., 117, 127, 128.

Jurors, 1855, 137.

Kanesville, la., 164.

Kanosha, Nebr., 92, 93, 121.

K. C, St. Joe & M. R. R. Co., 63.

Kansas-Nebraska Bill, 14.

Kearney, Fort, 44, 57.

Kearney, Old Fort, 88.

Keliar, C. D., 42.

Kempton, Hon. William, 142.

Kennedy, Sarah, 16 3.

Keokuk, 169.

Keokuk County, la., 92.

Kilbourne, Florence, 129.

Kinney, L. B., 45.

Kirby, Mr., 42.

Kountzp, Mrs. Hermann, 178.

La Clede House, 169.

La Flesch, Mrs. Joe, 163.

Lambert, William, 72.

Lancaster, town, 54, 57.

Land, prices, 161.

Lane, James H., 77.

Lands, western Iowa, 1856-7, 160.

Larrimer, Judge, 169.

205

Latham, J. McNeale, 142.

Latham, R. W.,142.

Lawrence, city, 141.

]jaws of 1855, clarity and directness, 149.

Leavenworth, 53.

League of Freedom, 72.

Leavenworth, Colonel, 133.

Legislature, 1855, 88-161.

Lewis and Clarke's Expedition, 11, 37.

Lindsey, H. C, 194.

Lisa, Manuel, 13, 37.

Little Eagle, 189.

Lockwood, David, 75.

Lock wood, Eugene V., 75.

Lojjan, Mrs. John, 177.

Log cabins of '55, 43.

Loneman, Indian, 187.

Lookout, Fort, 48.

Lost cities, 141.

Lovejoy, Reuben, 45.

Lowe, Enos, 116.

Jjowe, Jesse, 136.

Lumber cut Ijy Poncas, 17.

McCormick, Mrs. John, 173.

McFarland, William, 74.

McKenzie, Mrs., 178.

McLaughlin, Maj. James, 179-190.

McMechan, Mrs. John, 168.

McMechan, John, 168.

McNeal County, 141.

Mack, Susie (Mrs. J. W. Paddock), 114.

Mackinaw boats, 48, 49.

MacLean, Chancellor G. E , 195.

MacMurphy, Harriet S., article on the

women of 1855, 162-178, 195.
Mail route proposed 1855, 151.
Majors, Col. Thomas J., 93-94.
Mandans, 48, 50, 51.
Manitou, Nebr., 141.
Marcy, William L., 113.
Margaretta, city, 141.
Marquette, Hon. T. M., 78.
Married women's rights in law, 152.
Marsh, Mrs. Mary (Mary Thompson), 93.
Martin, Mrs. El/.a (Sarah Morris), 168.
Martyn, Carlos, 7(;.
Masonic lodge, first, 45.

Massena Springs, N. Y., 113.

Maxwell, Hon. Samuel, article on laws,
157-161.

Mechanics' liens, 84.

Merchants' National Bank, Omaha, 116.

Merrill, Rev. Moses, death and burial,
38; contract as missionary 38-39.

Merrill, Rev. Samuel P., 38.

Messiah craze, 180.

Mexican War, 93.

Mickelwait, Mrs. Wheatly, 168.

Middle, Indian, 189.

Midland Pacific R. R., 62.

Miles, Gen. Nelson A., 182.

Mill, Ponca treaty, 15.

Millard Hotel, Omaha, 173.

Miller, Dr. G. L., 128, 172.

Miller, Mrs. G. L., 172, 175.

Miller, Lorin, 149.

Mills County, la., 126.

Mills, Maggie (Mrs. Dick McCormick),
176.

Mills, Mrs. George, 176.

Minick, Mrs. Alice A., article on Lender-
ground R. R., 70, 194.

Missionaries, 163.

Mission house, Bellevue, 37.

Missouri, Fifth Militia, 93.

Missouri Indians, 14.

Missouri, 48th Volunteer Infantry, 94.

Missouri Volunteers, Seventh Regiment,
27.

Mitchell, J. C, 116, 129.

Money, value, 83, 87.

Moore, W. E., 142.

Morin, Edward, Life of, 48-52, 195.

Morgan, Thomas P., 196.

Mormon women, 163.

Morris, Miss Sarah, 168.

Morrow, ranch, 51.

Morton, ^L•s. J. Sterling, 167.

Morton, Hon. J. Sterling, 43, 45, 145,
193-197 ; ai-ticle on Local Govern-
ment, 58-69 ; article on Progress since
1855, 83-87 ; tribute to A. J. Popple-
fon, 108-110; Sketch of Major Pad-
dock, 110-115.

206

NEBRASKA STATE HISTORICAL SOCIETY.

Hosier, Miss Caroline (Mrs. John Logan),
177.

Mounds and earthworks of Indians, 40.

Mt. Tabor, la., 73.

Murphy, Fannie (Mrs. C. W. Hamilton),
171.

Murphy, Re V. William, ai ticle,26-35, 1 93.

N itio7ial Era, Washington, quoted, 125.

Neal, Mrs. Louis, 47, 166.

Nebraska Academy of Sciences, 196.

Nebraska City, 72, 117.

Nebraska City Collegiate and Prepara-
tory Institute, 143.

Nebraska University, 1855, 143.

Nebraska Women of 1855, 162-178.

Nekoma, 163.

Nemaha City, 72.

Nemaha County, 60.

Nesuma, 152.

Newtonia, Mo., 123.

Nickel, August, 184.

Nineteenth annual meeting, 193.

North and South Platte parties, 89, 117.

Nott, Dr., 96.

Nuckolls, S. F., 77, 88, 89, 90, 91, 119,
124, 125.

Oak Creek, S. D., 183-190.

Oakes, D. C, 149.

Oakland County, Mich., 129.

Ohio code, 140.

Old Fort Wayne, 123.

Omaha, 45, 98 117; Bar Association,
105 ; board of trade, 105 ; claim club,
100 ; mayor, 1858, 100 ; public library,
105 ; women of 1855, 168-178.

Omaha Indians, 12, 14, 20, 37, 41, 48.

Orange County, N. C, 92.

Otage Indians, 41.

Osborne, Caroline (Mrs. Samuel Popple-
ton, Jr.), 95.

Otoe Agency, 37.

Otoe County, 62, 64, 65, 118.

Otoes, 14, 37.

Pacific House, Kanesville, 164.

Paddock, Ben, 115.

Paddock, Mrs. J. W., 114, 175.

Paddock, Major J. W., 110-115.

Paddock, William S., 113.

Palladium, The, 167.

Papillion, 46.

Park County, Indiana, 92.

Parker, Rev. J., 133.

Parker, Samuel, quoted, 12.

Patrick, W. R.,194.

Patrick, Miss Lide (Mrs. Joseph Barker),

173.
Pawnee City, 53.
Pawnee Indians, 14, 87, 48.
Peters, Miss Valentine (Mrs. Morin), 51.
Pierre, Fort, 48.
Pigeon Creek, 116.
Piatt, Mrs. Alvira Gaston, 164.
Plalte Valleyand Pacific R. R. Co., 143.
Plattsmouth, 117.

Plattsmouth road, 55 ; women of, 168.
Plumber, J., 133.
Ponca Indians, 11-25, 48, 52.
Ponca Habeas Corpus case, 24, 105.
Pontiac, Mich., 129.
Pope, A. E.,19;].
Poppleton, Andrew Jackson, biography,

94-110, 111, 130.
Poppleton, Mr^. A. J., 98, 172, 175.
Poppleton, Benjamin, 94.
Poppleton, Ebenezer, 94.
Poppleton, Mrs. Samuel, Jr., 95
Poppleton, Samuel, Jr., 94, 95.
Poppleton, Samuel, 94.
Poppleton, William (son of Samuel), 94.
Poppleton, William (father of A. J.), 95.
Poppleton, Mrs. William, 95.
Poppleton, William S., 94.
Poultney, Vt., 95.
Pound, Dr. Roscoe, 197.
Pound, Judge S. B., 197; article by, 154-

157.
Pownall, Vt., 94.

Presbyterian College, Bellevue, 40, 46.
Presb3'terian Mission, 164.
Presents to Indians by agents, 13.
President's communication, 1897, 83-87.
Primeau, Louis, 184.
Proceedings of the Society, 1896, 1897,

193-198.

207

Prohibtion law, 1855, 138, 145-147.

Proof of the iaw, 1855, 155.

Public lauds of Iowa, 185(5, 1857. IGO.

Purcell, Ellen (Mrs. Real), 31.

Purple, H. U., 127.

Rabbit & Cotton, 49.

Railroad legislation of 1855, 150.

Railroad, Nemaha Co., GO, 61.

Railroads, taxation for, 60-69.

Rations, Poncas, 17.

Real, Captain P. S., 26-35.

Reavis, Judge, 73.

Red Tomahawk, Indian, 187.

Redick, Mr. J. I., 173.

Ree Indians, 51.

Reed, Byron, collection, 105.

Reed, D. E., 46.

Reed, David, 55.

Reese, M. B., 195, 197 : article bv, 135-
143.

Reeves, Mrs. Elizabeth (later Mrs. Will-
iam S. Cannon), 177.

Reeves, William Nebraska, 177.

Repeal of the Iowa-code law, 1857, 139,
154, 158.

Report of treasurer, 1897, 198.

Reservation, Ponca, 15.

Results of the Pioneer Session, 135-161.

Richardson County, 59, 60.

Richardson, J. W., 130.

Richardson, Mrs. Lyman, 173.

Richardson, Hon. O. D., 90, 119, 125,
129, 158.

Richardson, Gov. W. A., 159.

Richmond, N. Y., 95.

Richmond, Va.,81.

Robertson, J. B., 129.

Rock Bluff, 121.

Rockwood, Misses, 169.

Rocky Mountain News, 130.

Rogers, Samuel E., 115, 127: .sketch of
legislature of 1855, 115-120.

Romeo, Mich., 96.

Root, Mrs. Allen, 177.

Ruger, General, 182.

Rulo, 73.

Russel, Honstin, 74.

Salt basin, 54.

Salt Creek, 54.

Salt manufacturing corporations, 143.

Sarpy County, 45.

Sarpy, Peter A., 43, 163.

Sawmill, Brownville, 116: Ponca Res-
ervation, 17.

Sawyer, Mrs. A. J., 194.

Schimousky, Mr., 46.

Schools for Indians, 15.

Sears, Caroline (Mrs. A. J. Poppleton),
98.

Second Kansas Cavalry, 123.

Seminole War, 93.

Settlements, 49.

Settlers, character of first, 157, 159.

Settlers' Club, Bellevue, 45.

Sharp, J. L., Plattsmouth, 119, 130.

Shave Head, Indian, 187.

Sherman, General, 28.

Sherrill, Dr., 108.

Shinn's Ferry, 55.

Simpson University, 143.

Sioux Ci4y, 49.

Sioux Indians, 12, 17, 18, 48, 51, 52 ; cost
of, 24 ; outbreak of 1890-1891, 179.

Sitting Bull's death, 179-190.

Slavery in Nebraska, 45, 78.

Slaves, escape of, 70-79.

Sloan, Mrs., Pawnee, 165.

Slocum, S. L. H., 184.

Smell-the-Bear, 184.

Snowden, Mrs. William P., 17()-177.

Sorenson, Mrs. Alfred, 177.

South Platte party, 89.

Sprick, Henry, 130.

Springdale, la., 72, 76.

Squatter settlers, 14.

St. Lawrence County, N. Y., 110.

St. Mary's, 132.

Standing Bear, 21, 22, 105.

Standing Rock Agency, 179.

Stansbury, Captain, 133.

Steele, General Fred, 112.

Steele, M. F., 184.

Stevens, Aaron Dewiglit. 77.

Stephens, E F., 196

208

NEBRASKA STATE HISTORICAL SOCIETY.

Steward, C, F., 196.

Stewart, W. E., 196.

Stolley, William, 193.

Stouffer, Hon. B. R., 41, 194.

Stowell, Marty n, 76.

Strickland, Silas A., 45.

Strike-the-Kettle, 187.

Strong, Charles, 73.

Strong, Hezekiah B., 75.

Subterranean Pass Way, 71.

Suits in equity, 159.

Survey of Buffalo and Hall counties, 53.

Sutter" s Fort, 50.

Swezey, Prof. G. D.. 196.

Taffe, John, 109.

Taxation, local, 58-09.

Taylor, member Nebr. legislature, 1860,
78.

Taylor, F. W., 196.

Teachers' institute, first, 47.

Tecumseh, city, 34.

Thayer, Mrs. J. M., 169, 175.

Thayer, Gen. John M., 45, 121, 169.

Thompson, B. B., 121-123; Elizabeth
(Mrs. B. B.), 122 ; John C, 121 ; biog-
raphy by, 92-94 ; J. D. N., 92-94, 121,
158; J. Waldo, 91.

Tipton, Hon. Thomas W., 61.

"Toledo War," 129.

Toll and bridge charters, 153.

Towns, absence of in Nebraska, 156.

Trade, article of Indian, 49.

Traders, 12, 37, 49, 50.

Trappers, 54.

Travels in Nebraska in 1866, 53-57.

Treasurer's report, 1897, 198.

Treaty with Sioux Indians, 20.

Treaty with the Poncas, 12, 15.

Trumble, A. W., 45.

Tubman, Mrs., 72.

Turnbridge, Vt., 127.

Twelfth Infantry, 179.

Underground Railroad in Nebr., 70-79.

Union College, N. Y., 96, 105.

Union, Fort, 48.

Union Pacific R. R., 45, 56, 102, 103,
104, 113; bridge controversy, 1891, 105.

United States packet. Mo. river, 48.

Vandaventer, George, 94.

Vermillion County, Ind., 120.

Voting, at first election, 126.

Walker, C. I., 97.

Walker, E. C, 97.

Wallace, Capt. (Wounded Knee), 188.

Walnut Grove Cemetery, Brownville, 94.

Ward, Prof. H. B., 196.

Watson, W. W., 126.

Webster, Gen. J. R., 1-52-1.54, 197.

Welch, Frank, 91, 130.

Welsh, Herbert, 179.

Western Exchange and Marine Insur-
ance Co., 142.

Whaley, Rosanna (Mrs. Samuel Popple-
ton), 94.

Wheeling, Va., 120.

White county, Tenn., 92.

White, Dr., 1844, 50.

White Eagle, 18.

White Earth River, 12.

White, Frank E., 196.

Whitted, J. M., biography by, 92.

Whitted, father of R. B., 92.

Whitted, Hon. Robert Bates, biog., 92.

Whitted, Pinckney, 92..

Whitted, Simeon, 92.

Wichita, Kan., 120.

Widow's dower, 136.

Wilkinson, Dr. G. W., 196.

Witnesses in trials, 1855, 138.

Women, Indian, 162 ; French-Canadian,
163 ; laws regarding, 152 ; Nebraska
City, 168; missionaries, 163; Mormon,
163; of 1855, 162-178; Omaha, 168-
178.

Wood River, 57.

Woods, W. H., 194.

Woods, Rev. J. M., 111.

Woolworth, Hon. J. M., 94; tribute to
A. J. Poppleton, 106-108.

Wounded Knee, 187.

Wright, Silas, 113.

Yankee Creek, 53.

Young, Mrs. F., 168.

Young, Elder J. M., 153, 197.

208

Steward, C. F.,

Stewart, W. E.

Stolley, Will-'

Stouffer, F

Stowell

Stricl

Sir-

PUBLICATIONS

Nebraska Academy of Sciences

YI.

PKOCEEDTNGy, 1890.

Issued Apuii., 1<S98.

LIXCOLX, NKBU, . U. S. A.

The incorporatiou of the proceedings of the Academy of Sci-
ences with the Historical Society ''Proceedings and Collections/'
begun in this volume, is in accordance with a resolution of the
Historical Society at its annual meeting January 13, 1897. The
minutes of that meeting are found on page 196 of this volume,
supra.

TABLE OF CONTENTS.

PAGE

List of Officers aud Members 215

Minutes of the Annual Meeting 219

Treasurer's Report 220

Papers —

The Nomenclature of the Nebraska Forest Trees, C. E. Bessey 229

A Comparison of Fossil Diatoms from Nebraska, C. J. Elmore 238

An Observation on Annual Rings, F. W. Card 243

Internal Temperature of Tree-Trunks, R. A. Emerson 245

Wind-Distribution of Seeds, E. M. Hussong 253

Collecting, Preparing, and Mounting Fossils, C. A. Barbour 258

Barites of Nebraska and the Bad Lands, E. H. Barbour 265

Chalcedony-Lime Nuts from the Bad Lands, E. H. Barbour 272

Discovery of Meteoric Lon in Nebraska, E. H. Barbour 275

What is Mathematics ? E. W. Davis 280

A Family of Quartic Surfaces, R. E. Moritz 283

A Form of Weir Notch, 0. V. P. Stout 285

Notes on Phyllopod Crustacea, H. A. Lafler and A. S. Pearse 287

Continued Biological Observations, H. B. Ward 290

A New Plankton Pump, Cli. Fordyce 293

Parasites of Nebraska Dogs and Cats, H. B. Ward 297

OFFICERS FOR 1897.

PRESIDENT— A. S. vox Manskelde Ashland

VICE PRESIDENT— E. H. Barbour Lincoln

SECRETARY-TREASURER— G. D. Swezey Lincoln

CUSTODIAN — Lawrence Bruner Lincoln

f H. B. DuNCANSoN Peru

DIRECTORS— -i & '^A Elmore , Cr^^e

1 H. Hapeman Minden

L H. B. Ward Lincoln

{Directors, ex-^'Mcus.

E. T. Hartley Lincoln

C. K. Bessey Lincoln

H. B. Ward Lincoln

EDITORIAL COMMITTEE— •! E. H. Barbour Lincoln

C. E. Bessey Lincoln

MEMBERS.

(Names of Cliarter Members are Starred.)

Edward John Angle, B. S., M.D., Lincoln — Zoolog}'.

Carrie Adeline Barbour, Lincoln; Assistant Curator, State Museum— Palaeontology.

Erwin Hinckley Barbour, A. B., Ph.D., Lincoln; Professor of Geology in the
University of Nebraska, Acting State Geologist, and Curator State Museum —
Geology.

Harris Millar Benedict, B. S., A. M., Instructor in Natural Science in the Hi^-h
School, Lincoln — Zoology.

*Cliarles Edwin Bessey, B. S., PIi. D., Lincoln; Professor of Botany in the Uni-
versity of Nebraska and Acting State Botanist — Botany.

Ernst Athearn Bes.sey, Lincoln — Botany.

*Rosa Bouton, B. S., A.M., Lincoln; Instructor in Chemistry in the University of
Nebraska — Chemistry.

Itobert J. Boyd

H. Brownell, B. S., Peru; Professor of Cliemistry and Physics in the Nebraska
State Normal School— Chemistry.

216 NEBRASKA STATE HISTORICAL SOCIETY. j

* Lawrence Bniner, B. S., Lincoln; Professor of Entomology in the University of "!

Nebraska — Zoolog3^ ■]

Lyman Ray Brush, Ashland. '•

Fred Wallace Card, M. S., Lincoln; Associate Professor of Horticulture in the Uni- '

versity of Nebraska — Horticulture.

William Arthur Clark, A. M., Ped. D., Professor of Pedagogy and Psychology in 1

the Nebraska State Normal, Peru — Psychology. >

William Cleburne, Drawer 20, Omaha — Botany, Geology. J

George Evert Condra, B. S., Lincoln; Instructor in Science in the High School — ]

Geology, Zoology. i

James William Crabtree, Lispector of Accredited High Schools at the University ;

of Nebraska, Lincoln. !

H. D. Crawford, York; Field Manager of York College — Mineralogy. ;

*J. Stuart Dales, M. Ph., Linc6ln; Secretary-Treasurer of the University of Ne- \

braska — Biology.

Ellery Williams Davis, B. S., Ph.D., Lincoln; Professor of Mathematics in the ",

University of Nebraska — Mathematics. ;
John Wirt Dinsmore, Lincoln — Child Study.

Thomas Eaton Doubt, B. S., A. M., Listructor in Physics in the University of Wash- J

ington, Seattle — Physics, Mathematics. ;

* Henry B. Duncanson, B. S., Peru; Professor of Geology and Natural History in '

the Nebraska State Normal School — Botany. '

Clarence Jerome Elmore, A.M., Crete; Instructor in Science in the High School — i

Botany. ■

Rollins Adams l^uerson, B. S., Lincoln; Horticulturist in the office of Experiment j

Stations, Washington, D. C. — Horticulture. j
Milton H. Everett, M. D., G30 So. Seventeenth St., Lincoln — Geology.

Cassius Asa Fisher, Assistant in Geology in the University of Nebraska, Lincoln — ,

Geology. ;

Charles Fordyce, A. B., A. M., University Place; Professor of Biology in Wesleyan ;

University — Biology.

Harold GifiFord, M. D., 140-4 Farnham St., Omaha— Bacteriology. -

H. Hapeman, M. D., Minden ; Assistant Surgeon of the Union Pacific Railroad — -

Botany.

John Milton Hardy, M. D., Cairo — Microscopy. -

* Ellis T. Hartley, 441 No. Tenth St., Lincoln— Microscopy. i
William W. Hastings, A. M., Ph. D., Adjunct Professor of Hygiene and Director i

of the Gymnasium at the University of Nebraska, Lincoln — Anthropology. :
Herbert E. Hershey, Nebraska City — Zoology. 1
A. Ross Hill, A. B., Ph. D., Associate Professor of Philosophy in the University :
of Nebraska, Lincoln — Philosophy. i
Walter David Hunter, B. S., A. M., Lincoln; Assistant in Entomology in the Uni-
versity of Nebraska — Entomology. ,
Edward Marston Hussong, B. S., Franklin; Superintendent of Schools— Economic |
Botany. '
Walter M. Kern, Superintendent of Schools, David City — Botany. I
Henry Anderson Lafler, De AVitt — Entomology and Invertebrate Zoology. i

membp:rs of academy of sciences. 217

George Andrew Loveland, B. S., Lincoln: Observer and Section Director of the
United States Weather Bureau — Meteorologj'.

George W. A. Luckey, A. B., Professor of Pedagogy in the University of Ne-
braska, Lincoln— Child Study.

George Edwin MacLean, A. B., Ph. D., LL. D., Chancellor of the LTniversity of
Nebraska, Lincoln.

* Alexander S. von Mansfelde. M. D., Ashland — Pathology and Histology.

J. Ellis Maxwell, York; Professor of Natural Science in York College — Biology.
Robert Edward Moritz, Ph. M., Hastings: Professor of Mathematics in Hastings
College — Mathematics.

A. W. Norton, A. M., Warrensburg, Mo. — Psychology.

Bayard H. Payne, B. S., Grand Island; Instructor in Science in the High School
— Zoology.

Arthur Sperry Pearse, De Witt — Mammalogy, Herpetology, and Ornithology.

Albert T. Peters, D. V. M., Investigator of Animal Diseases at the V. S. Experi-
ment Station, Lincoln — Bacteriology.

*Roscoe Pound, A. B., Ph. D., 126 Burr Block, Lincoln; Director of the Botanical
Survey of Nebraska — Botany.

Joseph Horace Powers, A. B., Ph. D., Professor of Natural Science in Doane Col-
lege, Crete — Psychology.

Albert A. Reed, A. B., Superintendent of Schools, Crete — Botany.

Charles F. Rogers, Beatrice; Instructor in Science in the High School — Chemistry.

Jesse Perry Rowe, B. S., Lincoln — Geology.

B. L. Seawell, A. B., Hastings: Professor of Natural Science in Hastings College-

Zoology.

* Wells Hawks Skinner, A. B., Nebraska City ; Superintendent of Schools — Botany.
T. F. Stauffer, Box 806, Lincoln ; Clergyman — Psychology.

* Andrew B. Stephens, Holdrege ; Superintendent of Schools — Botany.
A. P. S. Stuart, :580 No. Eleventh St., Lincoln— Chemistry.

Oscar Van Pelt Stout, B. C. E., Lincoln: Associate Professor of Civil Engineering
in the University of Nebraska — Civil Engineering.

* Goodwin Deloss Swezey, A. B., A. M., Lincoln; Professor of Meterology and in

charge of Astronomy in the LTniversity of Nebraska — Meteorology and As-
tronomy.

Isador S. Trostler, 4246 Farnham St., Omaha — Ornithology.

Elza Edward Tyler, Lincoln — Geology and Botany.

Henry Baldwin Ward, A. M., Ph. D., Lincoln; Professor of Zoology in the Uni-
versity of Nebraska, and Acting State Zoologist — Zoology.

Robert Henry Wolcott, B. S., M. D., Instructor in Zoology in the University of
Nebraska, Lincoln — Zoology.

If)

PROCEEDINGS.

MINUTES OF THE SEVENTH ANNUAL MEETING.

The University of Nebraska, Lincoln,

December 29, 1896.

The seventh annual meeting of the Nebraska Academy of
Sciences was called to order ait 2 p. m. in room 15, Nebraska
Hall. In the absence of the president the vice president, H. B.
Duncanson, presided.

In accordance with the provision in the constitution, the chair
appointed as a nominating committee 0. E. Bessey, H. Brownell,
and E. M. Hussong.

The report of the secretary, including the minutes of the last
annual meeting was read, together with the report of the cus-
todian, and the following recommendations of the executive com-
mittee were submitted:

First — The appointment of a committee, to consist of the
executive committee together with two other members of the
Academy, to consider and act in the matter of having the pro-
ceedings published by the state.

Second — That the following by-laws be proposed at the an-
nual meeting for adoption by the Academy:

1. Volumes of the proceedings of the Academy shall be sent
only to members whose dues are paid.

2. Papers may be read before the Academy by members only,
except on order of the executive committee.

3. In order to be published in the proceedings, papers must
be in the hands of the secretary within thirty days from the
date of reading.

220 NEBRASKA STATE HISTORICAL SOCIETY.

4, All titles of papers to be read at the annual meeting mi^st
be in the hands of the secretary two weeks before the annual
meeting.

Third — That the following amendments to the constitution be
proposed and recommended:

Amendment to article 3, section 3: Instead of ''two directors,"
to read ''four directors."

Amendment to article 4, section 1: "The annual meeting shall
be held in the city of Lincoln, on the afternoon and evening of
the day before Charter day, and on Charter day, unless other-
wise ordered by the executive committee."

It was further recommended that the treasurer be authorized
to sell back numbers of publications III. and IV. together for 25
cents, and that the price of 50 cents be placed on the last issue;
that the secretary be authorized to secure other publications in
exchange for those of the Academy, and that the library of the
University of Nebraska be officially designated as depository
for the exchanges and library of the Academy.

The report of the secretary, the minutes of the last meeting,
and the general recommendations of the executive committee
were adopted by successive motions, as were also the amend-
ments to the by-laws as proposed by the executive committee,
together with the first amendment to the constitution, changing
the number of directors from two to four.

The proposed change in the date of the annual meeting was
discussed at some length. An informal vote showed ten mem-
bers and visitors in favor of the present date, eleven in favor of
Charter day, and twelve in favor of a date about Thanksgiving
time. Voted that for next year the annual meeting be held on
the Friday and Saturday following Thanksgiving day.

The treasurer's report was referred, without being read, to an
auditing committee to be appointed.

The annual address by the retiring president, E. H. Barbour,
who had been unexpectedly called to Washington to read a
paper before the Geological Society of America, was by permis-
sion of the academv read bv H. B. Ward for the author. The

ANNXAL MEETING ACADEMY OF SCIENCES. 221

subject of the address was '^\cademies of Science: Their Eco-
nomic and Educational Value.'"*

Two connected papers, "Continued Biological Observations,"'
by Henry B. Ward, and "A New Plankton Pump,"' by Henry B.
Ward and Charles Fordyce, were then read. Following these
came a short "Report of Progress in the Study of the Fauna of
the State," by Laurence Bruner:

"This state is exceedingly rich in forms of life. I can call to
your attention a few examples of this. Our birds in Nebraska
number 416 species, as against 364 species for Kansas. I have
found in the state 280 to 290 species of grasshoppers. In the
study of our butterflies we have ascertained that upwards of
125 distinct forms occur in the state of Nebraska, and each year
we add new forms to these. In the collection of tiger beetles
in this state we succeeded in bringing together 40 different
forms. In like manner, in the study of our wild bees, during
the last two years we have gathered about 300 distinct species,
collecting only during three months in the year at two places in
the state. Nebraska is well adapted for these forms, as well as
plants. I have been surprised that there is so little done in the
collection of different forms. If we eliminate species after spe-
cies, we would eliminate more titles than species — 150 to 200
titles would include all that has been written on the animal life
in this state. We have in the state something like 40 species of
worms collected. In Arkansas there are something like 30 spe-
cies recorded. We have of insects about 7,000 species in the
collection of the universitj . The spiders, etc., which have been
collected show that our fauna is very rich in these forms also.
We have in the university a collection which numbers about 150
species, and 15 or 20 have been counted as not known. When
we come down to the Crustacea, there has been little done. Of
fishes we know a little through the work carried out by the state
fish commission. But we undoubtedly have a larger number
of fishes that the fish commission knows nothing about. I re-

* Since the studies were not yet brought to full completion, the author expressed a
desire to withdraw the article from puh)lication for the present. It is accordingly not
printed in this volume of the Publications of the Academy.

2rll NEBRASKA STATE HISTORICAL SOCIETY,

member of taking from 50 to 60 species from the Elkhorn river
alone. Again, the reptiles of Nebraska are quite numerous. We
have a paper by Taylor on the snakes of the state, but aside from
this I know of no record of the reptiles. The birds have been
pretty thoroughly studied, as we have working in the state
about twenty-five good observers. The notes of most of these
were brought together before the State Horticultural Society
last year, and since then no additional forms have occurred, so
the list is about completed. As to mammals, we know practi-
cally nothing in this state. In the early days we know that the
buffalo, the antelope, two species of deer, the gray wolf, the
brown bear, foxes, and panthers used to be found here. Thus
far, then, we see that there has been little done in the way of
studying the animal life of the state. The botanists have made
a fair beginning in the study of the plants of the state, but the
animals are much more numerous than the plants. I might say,
in conclusion, that the reasons for a larger fauna in the state
are these: Nebraska is located midway between the north and
south; the southeastern corner of the state is barely 800 feet
above the sea level, while the western part is almost 6,000. We
have two large water courses and the variation of the surface
is great. Therefore the variation in the animal life must be
great. The time will come when a number of the forms that
are now living in the state will be extinct, due to various changes
brought about by civilization.''

'The Nomenclature of Nebraska Forest Trees" was the title
of a paper by C. E. Bessey, and "Reflections on the Genus Kibes"
were presented by F. W. Card. Papers on "Chalcedony-Lime
Nuts from the Bad Lauds of Nebraska," by E. H. Barbour, "A
Comparison Between Nebraska Diatomaceous Earth with that
from Neighboring States," by C. J. Elmore, "What is Mathe-
matics?" by Ellery W. Davis, and "A Family of Quartic Sur-
faces," by R. E. Moritz, were read and discussed.

The nominating committee reported the following list of
officers for the coining year, and by vote the secretary was
instructed to cast the ballot of the Academv for the same:

ANNUAL MEETING ACADEMY OF SCIENCES. 223

President, A. S. von Mansfelde, Ashland; vice president, E. H.
Barbour, Lincoln; secretary-treasurer, G. D. Swezey, Lincoln;
custodian, Laurence Bruner, Lincoln; directors, H. B. Ward,
Lincoln, H. B. Duncanson, Peru, C. J. Elmore, Crete, H. Hape-
man, Minden.

On motion the Academ^^ then adjourned until 8 p. m.

December 29, 1896, 8 p. m.

In the absence of the president and vice president, the meeting
was called to order by the secretary and L. Bruner was elected
chairman pro tern.

Voted that the directors of the Academy be an auditing com-
mittee to examine the books of the treasurer.

Voted that the committee to arrange for the publication of
the proceedings by the state be the new executive committee,
with two others chosen by the president. A. S. v. Mansfelde*
and E. T. Hartley were appointed on this committee.

A paper on "Some Methods of Collecting, Preserving, and
Mounting Fossils,' by Carrie A. Barbour, was read and then
commented upon by C. E. Bessey as follows: ''I want to ex-
press my gratification on this address. I have not heard of it
myself, before. The one thing that it seems to me all this
teaches us is that apparently destroyed remains may be pre-
served if we know how to take care of the material. It calls to
my mind a number of cases a year ago. I found bones, tusks,
etc., which I thought were entirely too decayed for use at all.
The one thing that we must see that the people of the state know
is that even a most thoroughly decayed specimen of a bone, if
it is covered over and kept from the air until some expert can
come and dig it out, may turn out to be of scientific value.
These things can be saved long after a point where they seem to
be beyond redemption.''

A paper entitled "An Observation Upon Annual Rings in Tree
Growth" was then read by Fred W. Card and discussed as fol-
lows by C. E. Bessey: "I should like to see this repeated a num-

* As Dr. V. Mansfelde was au ex-officio member of the committee the chair later sub-
stituted the name of Dr. Ressey.

224 NEBRASKA STATE HISTORICAL SOCIETY.

ber of times. I doubt whether we get any other results. I
was a surveyor many years ago in a wooded country. Now in a
wooded country, when a line is run from one section to another,
they 'blaze' the line. When they come to the quarter posts they
have what they call 'witness' trees. Now it happens that these
'witness' trees many times stand twenty-five and forty years,
and over and over again it occurs that these 'blazes' are over-
grown and we never found that the account was mis-written.
For the government survey was thirty-two years before our sur-
vey, and when we cut in we could count just thirty-two rings from
that time. I do think that a tree may form occasionally a sec-
ond ring. Governor Furnas has a number of trees of which he
knows the date when he set them out, and he finds that some-
times they have more rings than they should have. On the
plains here I do not see why a tree, being isolated, might not go
into the summer rest and start again in the fall. But in the
forests this cannot occur, so I doubt whether a second ring ever
happens in a great forest, because the ground is moist all the
time. So I take it that if we make experiments here long
enough, we could get a second ring. Again, if you go into the
south far enough you will not find rest with the growth. There
are blocks of wood in some of the cases here on which you can-
not make out any line where one growth begins and another
stops."

R. A. Emerson read a paper on the "Internal Temperature of
Trees," which was discussed as follows:

The importance of this may be shown in regard to orchard
trees. Trees sometimes get sick on the southwest side; this is
called "sun-scald." The tree usually dies. There is a belief
among horticulturists that a rapid change in the winter affects
the vitality of the bark. There is a great deal of injury done
to trees in this way.

Professor Condra: "Did you perform any experiments in re-
gard to the growth of trees?"

Mr. Emerson: "I think it would be hard to obtain such re-
sults. Results have been obtained, however, in regard to this,
and have been published."

ANNUAL MEETING ACADEMY OF SCIENCES. 225

Dr. Bessey: "We have no means of accurately obtaining these
results. We do not know yet of any way by which we can tell
the temperature of the cambium layer. When we bore a hole in
a tree and destroy the layer of cells and have an air cavity in
there instead of the solid mass of wood, we put in at once a con-
dition which brings about an error. It is to be hoped that the
electricians will give us an instrument by which we can measure
the temperature of leaves without destroying them. We have
no thermometer small enough to really determine the tempera-
ture of the limb accurately. All this, while it tells us some-
thing, is telling it to us about as crudely as the illustration I
have suggested. We must have some thermometer of an en-
tirely different kind. Something which will not make it neces-
sary to break the tissue at all. I am quite strongly of the opin-
ion that when we learn how hot the cambium layer becomes,
we will find it gets very hot in the summer."

Professor Swezey: "I think it is possible to get such an elec-
trical device."

Owing to the lateness of the hour, the following papers were
read by title only: ''The Barites of Nebraska and the Bad Lands,"
by E. H. Barbour; "Some Data as to Wind Distribution of
Seeds," by E. M. Hussong; "Parasites of Nebraska Dogs and
Cats," by H. B. Ward; "The Study of Botany in the School for
the Blind," by C. E. Bessey; "Discovery of Meteoric Iron in Ne-
braska," by E. H. Barbour; "Notes on the Phyllopoda of Ne-
braska," by H. A. Lafler and A. S. Pearse.

The Academy then adjourned. G. I). Swezey,

Secretary.

TREASURER'S REPORT FOR 1896.

]
G. D. Swezey, treasurer, in account with the Nebraska Acad- 1

emy of Sciences: ;

1896. ;

Jan. 1, Balance from last year |5 64 i

Received dues for 1895 3 00 ;

Received dues for 189G 31 00 :|

Feb, 1, Paid for printing programs and circu- ]

lars 18 75 ]

April 16, Paid for cuts for transactions 1 25 ^

Ajn'il 16, Paid for exchange 03 ^

October 23, Paid for rubber stamp 30 ;

December 1, Paid for postage 2 10 '

Balance on hand 27 21

|39 64 $39 64 i
Approved :

H. B. DuNCANsox, •;

C, J. Elmore, . :^

H. Hapeman, i

Henry B. Ward, \

Director^. 1

ANNUAL MEETING ACADEMY OF SCIENCES. 227

At a meeting of the publication committee of the Nebraska
Academy of Sciences, December 14, 1897, the following rules
were adopted:

L All papers intended for publication must be in the hands
of the publication committee, ready for printing, within thirty
days after official notice has been sent to the authors.

II. No corrections will be allowed after a paper is set up,
save at the expense of the author. To avoid the necessity of
correction, as far as may be possible, the committee earnestly
recommends that all manuscript be prepared with the utmost
care, and, if possible, type-written.

m. All necessary drawings must accompany the manuscript
and must be made in India ink.

IV. Illustrations used in the Proceedings will ordinarily be
zinc etchings. Only in rare cases, and then by a special vote of
the editorial committee, will photographs be reproduced as half-
tone engravings.

V. When the request is made on the manuscript, an author
will be furnished, gratis, twenty unbonnd copies of his paper.
Additional unbound copies will be furnished at cost if so re-
quested on manuscript.

VI. Papers read before the Academy, but printed elsewhere,
will regularly be noticed in the Proceedings, but may be ab-
stracted, and only very exceptionally printed in full.

VII. Papers read before the Academy, but not in condition for
publication, shall be presented as notes or preliminary reports.

Ellery W. Davis,
Secretari/ of the Committee.

Note. — In accordance with the decision of the editorial committee papers are grouped
according to subjects into botanical, geological, mathematical, and zoological ; and under
each topic are arranged alphabetically according to authors, except in the case of those
papers so closely connected in subject-matter as to necessitate another order. All papers
included in the program of the last meeting of the Academy are printed here so far as
they have been received from the authors, and have not been published elsewhere.

THE NOMENCLATURE OF THE NEBRASKA
FOREST TREES.

CHARLES E. BESSEY,

The many changes in the nomenclature of the forest trees of
Nebraska make it necessary that an authentic list should be
given in which the names now generally accepted take the place
of those which have become antiquated. I find that of the sixty-
seven trees admitted to the following list no less than twenty-six
have suffered some changes in nomenclature.

BRANCH SPERMATOPHYTA (ANTHOPHYTA.
PHANEROGAMIA).

CLASS GYMNOSPERMAE.

Order Coniferae. Family Pinaceae.

Pinus ponderosa Douglas, in Lawson's Manual, 354 (1836).
The citation of Loudon as the the authority for this species
is an error. Douglas's name was used in Companion of the
Botanical Magazine in 1836, and in Lawson's Agriculturist's
Manual of the same year, but (Sudworth says) he did not de-
scribe it. Loudon described it (in Arboretum et Fructice-
tum Brilannicum, vol. IV., crediting the name to Douglas,
as appears to have been done also in Lawson's Manual. Our
tree is what Engelmann separated as the \ arlety scop idonm
in the Botany of California, vol. IL, p. 126 (1S80). It is

230 NEBRASKA STATE HISTORICAL SOCIETY.

doubtful whether this is entitled to varietal rank, since our
trees are but little different from those on the Pacific coast,
which are regarded as typical. If this variety is to be
deemed valid our tree will then be named P. ponderosa scopu-
lorum Engelmann, otherwise it will be P. ponderosa Douglas.

2. Juniperus virginiana L. Sp. PI. 1039 (1753).

CLASS ANGIOSPERMAE.

Order Thalamiflorab. Sub-order Ranales.

Family Anonaceae.

3. Asimina triloba (L.) Dunal, Monographic de' la Famille des

Anonacees, 83 (1817). This was named Anoiia triloba by
Linne, in the first edition of his Species Plantarum, 537, but
since Dunal's work there has been no doubt as to its proper
name.

Sub-order Caryophyllales. Family Salicaceae.

4. Salice nigra Marshall, Arbustum Americanum, 139 (1785).

5. Salix amygdaloides Andersson, Ofversigt af Kongliga Veten-

skaps Akademiens Forhandlingar (1858). This tree was
originally confused with S. nigra, from which it was sepa-
rated by Andersson in 1858.

6. 8aMx liicida Muehlenberg, Neue Schriften der Gesellschaft

Naturforschender Freunde zu Berlin, IV. (1803).

7. Salix fluviatiUs Nuttal, Sylva of North America (1842). This

has hitherto borne the name of S. longifolia Muehlenberg,
Neue Schrift. Gessel. Nat. Fr. Berlin (1803), and was so
named in my previous lists, but, as Professor Sargent points
out in Garden and Forest, vol. VIII., November (1895),
Muehlenberg's name is not available, having been used in
1778 by Lamarck in his Flora Francais, vol 2, 232. The
name 8. longifolia, is still used in Gray's and Coulter's
Manuals.

8. iialix beMiana Sargent, Garden and Forest VIII., November

(1895). This has hitherto borne the name of S. rostrata Rich-

NOMENCLATURE OF NEBRASKA FOREST TREES, 231

ardson in the appendix to Franklin's Narrative of a Journey
from the Shores of Hudson Bay and the Polar Sea, 753
(1823), and was so named in my previous lists, but, as Pro-
fessor Sargent pointed out in Garden and Forest, cited above,
this namie had already been used by Thuillier in his Flore des
Environs de Paris in 1799. In consequence it became nec-
essary for Professor Sargent to give it a new name, as above.
This still bears the name of /S. rostrata in Gray's and Coul-
ter's Manuals,

9. Salix cordata Muehlenberg, Neue Schrift, Gesel, Nat. Fr, Ber-

lin (1803), The tree here referred to is the one to which the
common name of Diamond Willow has been applied. For
some years it was supposed that the variety vestita of An-
dersson was this tree, and it was so named in my previous
lists, but that has been been determined by Sargent to be
an error. For the present we can do no more than call it a
form of this species. In the Illustrated Flora (Britton and
Brown) our plant appears to be confused with S. missoiiri-
ensls Bebb,

10. Populus tremuloides Michaux, Flora Boreali-Americana, 11
(1803).

11. Populus halsamifera L. Sp. PI. 1034 (1753), In previous lists

this has been given as the variety candicans of Gray (more
properly of (Alton) Gray), or canadensis (Moench) Sudworth,
but I am eonfident now that our tree is the species proper
and not the variety.

12. Populus augustifolia James, Long's Expedition, 1, 497 (1823).

13. Populus acuminata Eydberg, Bulletin of the Torrey Botanical

Club, 20:50 (1893), This interesting tree is conceded by
Professor Sargent as ''probably a distinct species." (Sylva,
IX,, 172.)

14. Populus delfoidea INIarshall, Arbustum Americanum, 10<i

(1785). This has borne the name of P. moniUfera Alton in
previous lists and in Gray's Manual. In Coulter's Manual
it is P. angulata Alton, while in De Candolle's Prodromus

232 NEBRASKA STATE HISTORICAL SOCIETY.

XVI., 2 (1868), it is P. canadensis Moench. In the Illustrated
Flora a variation of the spelling is used, as P. delfoides.

Sub-order Malvalbs. Family Tiliaceae.

15. Tilia americana L. Sp. PI. 514 (1753).

Family Urticaceae.

16. Ulmus americana L. Sp. PI. 226 (1753).

17. Ulmus racemosa Thomas, American Journal of Science, 19:170
(1831).

18. Ulmus fulva Michaux, Flora Boreali- Americana, 1:172 (1803).
In some recent lists this bears the name U. pubescens Walter,
Flora Caroliniana (1788), and there is reason to believe that
this may be the prior name.

19. Celtis occidentaUs L. Sp. PL 1044 (1753).

20. Morus rubra L. Sp. PI. 986 (1753).

Order Bicarpellatae. Sub-order Gentianales.
Family Oleaceae.

21. Fraxinus americana L. Sp. PI. 1057 (1753).

22. Fraxinus pennsylvanica Marshall, Arbustum Americanum, 51

(1785). This is the F. pubescens Lamarck (1786), which name
it bears in Gray's and Coulter's Manuals.

23. Fraxinus pennsylvanica lanceolata (Borkh.) Sargent, Silva of
North America, VI., 50 (1894). This was first named F.
lanceolata by Borkhausen (Handbook Forst. Bot., 1800). It
received the name of F. viridis by Michaux Alius in Histoire
des Arbres in 1813, and the latter name has been very gen-
erally adopted by American botanists, and is still used in
Gray's and Coulter's Manuals.

Order Calyciflorae. Suborder Rosales.
Family Rosaceae.

24. Phus coronaria ioensis Wood, Class-book, 333 (1870). This

is the P. iowensis (Wood) Bailey of the "Check List."

25. Crataegus tomentosa L. Sp. PI. 476 (1753).

NOMENCLATURE OF NEBRASKA FOREST TREES. 233

26. Crataegus viollis (Torrey & Gray) Scheele, Linnaea 21:569
(1848). This is the C. coccinea mollis T. & G. of the sixth edi-
tion of Gray's Manual, and the C. suhvillosa Schrader of some
lists.

27. Crataegus coccinea L. Sp. PI. 476 (1753).

28. Crataegus coccinea macracantha (Lodd.) Dudley, Bulletin of

Cornell University, 2:33 (1886). In the "Check List" this is
considered to be a distinct species under Loddige's original
name C. macracantha.

29. Amelanchier canadensis (L.) Medicus, Geschichte der Botanik-

unserer Zeiten, 79 (1793).

30. Primus virginiana L. Sp. PI. 473 (1753).

31. Prunus serotina Ehrhart, Beitraege zur Naturkunde, 3:20

(1788).

32. Prunus americana Marshall, Arbustum Americanum, 111

(1785).

Family Caesalpiniaceae.

33. Gymnocladus dioicus (L.) Koch, Dendrologie, 1:5 (1869).
This is G. canadensis Lamarck (1783), and of the ordinary
manuals. It was first named Guilandina dioica by Linne in
Sp. PL 381 (1753).

34. Gleditsia triacanthos L. Sp. PL 1056 (1753). In nearly all
publications the generic name is given as Gleditschia in spite
of the fact that Linne spelled Gleditsia, evidently from Gle-
ditsius. Latinized from the German Gleditsch.

35. Cercis canadensis L. Sp. PL 374 (1753).

Family Platanaceae.

36. Platanus occidentalis L. Sp. PL 999 (1753).

SuB-oRDER Celastrales. Family Rhamnaceae.

37. Rliamnus lanceolata Pursh, Flora Americae Septentrionalis,

166 (1814).

38. Rliamnus caroUniana Walter, Flora Caroliniana, 101 (1788).

234 NEBRASKA STATE HISTORICAL SOCIETY.

Famil}^ Elaeagnaceae.
39. Lepargyraea argentea (Pursh) Greene, Pittonia 2:122 (1890).
This small tree was first named Elaeagnus argentea by Niittall
in Fraser's Catalogue in 1813; but this being a name only,
with no description whatever, it cannot be considered valid.
In 1814 Pursh in his Flora Americae Septentrionalis, 1:115,
described it as Hippophae argentea, giving no credit whatever
to Nuttall for the specific name. In 1817 Rafinesque, in the
American Monthly Magazine, separated it and erected the
genus Lepargyraea, and about a year later Nuttall independ-
ently erected the genus ^liepherdia (Genera of North Ameri-
can Plants, 2:240, 1818). Nuttall's name was generally ac-
cepted and is still used in (ji-ay's and Coulter's Manuals.

Sub-order Sapindales. Family Sapindaceae.

40. Aesculus glabra Willdenow, Enumeratio Plantarum Horti
Regii Botanici Berolinensis, 405 (1809).

41. Acer glahrum Torrey, Annals of the Lyceum of New York,

2:172 (1826).

42. Acer saccharinum L. Sp. PI. 1055 (1753). This tree is com-

monly given the name A. dasycarpum Ehrhart, Beitraege zur
Naturkunde, 4:24 (1789), but the name given by Linne cer-
tainly belongs to this tree, since the specimens in his her-
barium with this name attached, as well as the original de-
scription, agree fully with our tree. Dr. Gray long ago
(1839), in a letter to Dr. Torrey (Letters of Asa Gray, 1:150),
called his attention to the fact that Linne referred to the
tree subsequently described by Michaux (Flor. Bor.-Am.,
2:253, 1803) as A. eriocarpum, which is identical with Ehr-
hart's A. dasycarpum. For some reason, not now regarded
as valid, no effort was made to restore this name, and so we
find that in all the editions of Gray's Manual, down to the
present, the error has been permitted to stand.
43. Acer barhatimi Michaux, Flora Boreali-Americana, 2:252
(1803). There has been much confusion as to the names of

NOMENCLATURE OF NEBRASKA FOREST TREES. 235

this and the preceding species. It appears that this tree
was not separated from the preceding species for half a
century after Linne had bestowed the name A. saccharinum
upon one of our sugar-producing maples. Wangenheim in
1787 (Beytrag zur teutschen holzgerechten Forstwissen-
schaft die Anpflanzung Nordamericanischer Holzarten, page
26), supposing that Linne's description referred to the maple
from which most of the sugar is made, described and figured
it under the name A. saccharinum. Thus we have had two
trees bearing the same name. In 1803 Michaux described
this as distinct from A. saccharinuin, and his name is there-
fore the earliest available one. In Gray's Manual this is
still given the name A. saccharinum.

44. Acer negundo L. Sp. PI. 1056 (1753). This is the Xcyundo
aceroides Moench (Methodus Plantas Horti Botanici et Agri
Marburgensis, 1794), and this name has been generally
adopted in American manuals. In Gray's and Coulter's
Manuals this name is used. In some lists the name appears
as Negundo negundo (L.) Sudworth, while in still others, as
Rulac negundo (L.) Hitchcock. Since, however, this tree is
really a maple, there is no good reason for abandoning the
name originally given by Linne.

Family Anacardiaceae.

45. Rhus copallina L. Sp. PI. 266 (1753).

Family Juglandaceae.

46. Juglans cinerea L. Sp. PL, ed. 2, 1415 (1763).

47. Juglans nigra L. Sp . PI. 997 (1753).

48. Hicoria ovata (Mill.) Britton, Bulletin of the Torrey liotanical

Club, 15:283 (1888). This was first called Juglans ovata
by Miller in the Gardener's Dictionary, edition 8 (1768). In
1808 Rafinesque separated the hickories generically from the
walnuts under the name Hicoria (by a typographical error
printed "Scoria''), but Nuttall, in ignorance of this, made a
genus with the same limitations, but with the name Cari/a

236 NEBRASKA STATE HISTORICAL SOCIETY.

(Genera of North American Plants, 2:220, 1818). NuttalFs
name was taken up by botanists generally, that of Rafinesque
being allowed to remain in obscurity until it was revived by
Britton in 1888. Through a mistake by Michaux (Flora
Boreali-Americana, 2:193, 1803) this was called by him
Juglans alba, but it is not the J. alba of Linne (Sp. PI. 997,
1753). NuWall transferred this mistake, calling this tree
Garya alba, the name by which it has generally been known.
In Gray's Manual, even in the latest edition, Nuttall's name
is used.

49. Hicoria laciniosa (Michaux) Sargent, Silva of North America,

VII., 157 (1895). This is the H. sulcata (Nutt.) Brittou of
previous lists, and is the Carya sulcata of Gray's Manual.

50. Hicoria alba (L.) Britton, Bulletin of the Torrey Botanical

Club, 15:283 (1888). This is the Carya tomentosa of Gray's
Manual.

51. Hicoria glabra (Mill.) Britton, Bulletin of the Torrey Botani-

cal Club, 15:283 (1888). This is the Carya porcina of Gray's
Manual.

52. Hicoria minima (Marshall) Britton, Bulletin of the Torrey

Botanical Club, 15:283 (1888). This is the Carya amara of
Gray's Manual.

Familj' Cupuliferae.

53. Quercus alba L. Sp. PL 996 (1753).

54. Quercus minor (Marshall) Sargent, Garden and Forest, II.,
471 (1889).

55. Quercus macrocarpa Michaux, Histoire des Chenes de

I'Amerique, 2 (1801).

56. Quercus acuminata (Michx.) Sargent, Garden and Forest,

VIII., 93 (1895). This is the Q. prinus, var. acuminata of the
fifth edition of Gray's Manual, and the Q. muhlenbergii of the
sixth edition. This last name was used in the later lists is-
sued by the botanical department of the University.

57. Quercus jjrinoidcs Willdenow, Neue Schrift. Gesell. Nat. Fr.

NOMEXCLATURE OF NEBRASKA FOREST TREES. 237

Berlin, 3:397 (1801). In the fifth edition of Gray's Manual
this bore the name of Q. prinus, var. Jiumilis.

58. Quercus rubra L. Sp. PI. 996 (1753).

59. Quercus coecinea Muenchhausen, Der Hausvater, V.,254 (1770).

This species has commonly been attributed to Wangenheim
(1787), but Muenchhausen antedates him by seventeen years.

60. Quercus velutina Lamarck, Dictionnaire de Botanique, 721
(1783). This is the Q. discolor of Alton (1789), the Q. tinctoria
of Michaux (1803), and the Q. coecinea tinctoria of De Candolle
(1864), which name it still bears in Gray's Manual.

61. Quercus marilandica Muenchhausen, Der Hausvater, V:253

(1770). By a mistake in determination Wangenheim de-
scribed this tree (1781) under the name Q. nigra, which Linne
had applied to another tree, an error which has been con-
tinued to the present, still occurring in the latest edition of
Gray's Manual.
G2. Quercus imhriearia Michaux, Histoire des Chenes de
I'Amerique, 9 (1801).

63. Ostrya virgin iana (Miller) Willdenow, Species Plantarum,
4:469(1805).

64. Carpinus caroliniana Walter, Flora Caroliniana, 236 (1788).
This is the C. americana of the fifth edition of Gray's Manual,
and the C. virginiana of some previous lists.

65. Betuhi papyrifera Marshall, Arbustum Americanum, 19 (1785).

66. Betula occidentalis Hooker, Flora Boreali-Americana, 2:155

(1839).

67. Betula nigra L. Sp. PI. 982 (1753).

NEBRASKA STATE HISTORICAL SOCIETY.

A COMPARISON OF FOSSIL DIATOMS FROM NEBRASKA
WITH SIMILAR DEPOSITS AT ST. JOSEPH, MO., AND
AT DENVER, COLO.

C. J. ELMORE.

About a year ago Professor Barbour furnished me some dia-
tomaceous earth from various deposits in Nebraska, and the re-
sults of my study on them were brought before this Academy at
its last meeting. These deposits were located in Wheeler county,
Greeley county, at Thedford, and at Mullen. From the same
source I recently obtained material from a deposit at St. Joseph,
Mo., and one at Denver, Colo.

The diatoms from the two latter deposits show a striking simi-
larity to each other, and all of the species in both are represented
in Nebraska deposits.

The deposit at St. Joseph differs from any Nebraska deposit
in being made up of comparatively few species. In all of the
material examined only fifteen species were found; and of these,
three composed the bulk of the deposit, the others being of infre-
quent occurrence. These three species are Cymhella njinhifoniiis
(Kuetz.) Breb., Gystopleura turgkla (Ehr.) Kuntze, and Ci/iiibclht
gastroides Kuetz.

The following is a list of the species found:

Gocconeis placentula Ehr. Rather common, but not forming any
considerable part of the deposit. Occurs about as fre-
quently as in Nebraska deposits.

Cijmatopleiira elUptica (Breb.) W. Sm. Rare; only one specimen
found. Also very rare in Nebraska deposits, being found
only at Mullen, and only a single fragment there.

Cymhella cymhiforwi.^ (Kuetz.) Breb. Fonns a considerable por-

A COMPARISON' OF FOSSIL DIATOMS. 239

tioii of the deposit, though not so abundant as Ci/nibdla yas-
troides Kuetz., or Ci/stoplcura tnrgida (Ehr.) Kuutze. Also
common in Nebraska deposits.
Cymhella gasfroides Kuetz. Very common, and next to Ci/sto-
pleura turgida (Ehr.), Kuntze, the most important species in
the deposit. Common in the Nebraska, deposits at Mullen,
Thedford, and Greeley county.

Cymhella levis Naeg. Very rare. Occurs only rarely in the de-
posit at Mullen.
CystopU'ura occellata (Ehr.) Kuntze. Rare. Rather common in

the top layer of the Mullen deposit.
Ci/stopleura turgida (Ehr.) Kuntze. The most abundant species in

the deposit. Varies greatly. A very common species in the

Nebraska deposits.
Ci/stoplcura zebra (Ehr.) Kuntze. Rather common. About as

common in Nebraska deposits.
Encyonema eacspitostim Kuetz. Rare. Found in Nebraska only

in the Mullen deposit.
Gomplionema intricatum Kuetz. Rare. Common in the Greeley

county deposit.
Gomplionema montanum Schum. The form called var. subclava-

tum Grun, is rather common. Found in Nebraska only in

the Wheeler county deposit.
Navk'ula cuspidata Kuetz. Rare. Not very common in Ne-
braska deposits.
Navirida ohlonga Kuetz. Rare. Rather common in deposits at

Thedford and in Wheeler county.
^tanroneis phoenicenteron Kuetz. Only one specimen was found.

Rather common in Nebraska deposits.
^yuedra sj*. Only a fragment was found, and this was too small

to identify.
The material from the Denver dei>osit was taken from a rail-
road cut. The leading species in this deposit are the same as

240 NEBRASKA STATE HISTORICAL SOCIETY.

those in the St. Joseph deposit, "but there are differences in the
less frequent species.

The following species were found in it:

Cocconeis placentula Ehr. Common, but forming a very small

portion of the deposit. About equally common in Nebraska

deposits.
Cymbella ciispidata Kuetz. Rare. Rather common in Nebraska

deposits.
Cymbella gastroides Kuetz. Common.
Gystopleura gibba (Ehr.) Kuntze. Rather common, as is also the

form called var. ventricosa (Ehr.) Grun.
Gystopleura turgida (Ehr.) Kuntze. Very common.
Gystopleura zebra (Ehr.) Kuntze. Rather more common than in

Nebraska deposits.

Eneyonema caespitosum Kuetz. More common than in Nebraska
deposits.

Fragilaria construens (Ehr.) Grun. The form called var. venter
Grun. is more common that the type forming a considerable
portion of the deposit.

Fragilaria elliptica Schum. Common, but less abundant than in
some Nebraska deposits.

GompJionema acuminatum Ehr. Rare.

Gomphonema constrictum Ehr. Less common than in Nebraska
deposits.

Gomphonema lierculeanum Ehr. Rare. Also rare in Nebraska
deposits.

Melosira distans (Ehr.) Kuetz. Common, but not so abundant
as in Nebraska deposits.

IVavicula radiosa Kuetz. Rare. Not very common in Nebraska
deposits.

Synedra capitata Ehr. Not very common. About equally com-
mon in Nebraska deposits.

Synedra ulna (Nitz.) Ehr. Not very common.

A COMPARISON OF FOSSIL DIATOMS. 241

Besides the diatoms, botli of tbese deposits coiitain a large
number of sponge spicules of at least two distinct forms. Al-
though all of the region in which these deposits occur was at one
time covered by salt water, none of them were made at that time,
for all of the diatoms found belong to fresh-water species. So it
is evident that these deposits were made after the land of this
region had risen out of the ocean, but when there were still fresh-
water lakes covering part of the region. These deposits must
have been made in lakes rather than in rivers, for river condi-
tions are too changeable to allow the forming of a large deposit.
Diatoms live in rivers as well as in lakes and ponds, but the for-
mation of a large deposit requires quiet water and practically
constant conditions. So these diatom deposits tell us that dur-
ing Tertiary times there were lakes in Missouri, Nebraska, and
Colorado. They also tell us that the conditions were practically
alike in all of these places, for the species in all of the deposits
show a great similarity, a large number of them being identical.
The most abundant genus is Cystopleura, and this grows attached
to some filamentous algae. So we also have evidence that other
algae than diatoms lived in these Tertiary lakes.

The number of diatoms in these deposits is enormous. Elireu-
berg calcuated that there were 41,000,000,000 individuals in a cu-
bic inch of diatomaceous earth. Taking the largest specimen of
^tauroneis phoenicenteron that I ever found, and which is larger
than any of the fossils in these deposits, we would have only
about 280,000,000 individuals per cubic inch. As this number is
based on the largest diatoms, it is farther from the truth than
Ehrenberg's. But Ehrenberg's estimate allows a cube of only
about 7 micromillimeters for each specimen, and this is probably
too small for our deposits. But even taking the number ob-
tained in using the largest diatoms, a cubic inch contains enough
to give three tO' every person in the United States.

The time required for making these deposits is impossible to
determine. If the diatoms multiplied at their most rapid rate,
it would take an incredibly short time; but practically, such de-
posits are made rather slowly. If we started with a single dia-

242 NEBRASKA STATE HISTORICAL SOCIETY.

torn, and tiiis diatom should divide every hour for a week, there
would be 168 divisions, but for convenience we may take two
hours more than a week, making 170 divisions. At the end of
this time the number of diatoms would be one doubled 170
times, or about 512,000,000,000,000,000,000,000,000,000,000,000,-
000,000,000,000.000. Now taking Ehrenberg's estimate, which
is based on very small specimens, this number of diatoms would
make 12,000,000.000,000,()()0,000,000.000,000,000,000,000,000 cubic
inches of diatomaceous earth, the product of a single diatom in
a week's time. Now if on every square inch we had one diatom
to start with, so that these cubic inches could be placed one
above another, they would make a depovsit 1,000,000,000,000,000,-
000,000,000,000,000.000.000,000 feet deep; or 200.000.000,000,000.-
000,000,000,000,000,000,000 niih^s deep: or. to bring it nearer to
our comprehension, 2,000,000,000,000,000,000,000,000,000 times the
distance from the earth to the sun. At this rate, the progeny of
half a dozen diatoms would in a few days fill all the space occu-
pied by the solar system, with diatomaceous earth, enough to sat-
isfy fully the most ardent diatom collectors. It is hardly neces-
sary, however, to mention that diatoms do not ordinarily repro-
duce at this rate. This will s<m'V(- as a warning to scientists to
make mathematics their servant and not their master. It is quite
evident that the supposition tiiat diatoms do divide at this rate
is entirely hypothetical. The "struggle for existence" kept dia-
toms within bounds as well in ancient as in modern times, and
it is likely that the formation of these dejmsits occupied several,
or even manv vears.

AN OBSERVATION ON ANNUAL RINGS.

AX OBHEKVATION ON ANNUAL KIXItH

FRED W. CARD.

The question often arises as to whether the rings of growth
observed in trees are strictly annual ring.s. The opinion appears
to be generally prevalent that they represent rather periods of
growth. Even if that be true they will still be in most cases
annual, as that is the normal period of growth in temperate cli-
mates. It may then be asked whether depredations of insects
which defoliate the tree, or periods of drought which check its
grow^th, will cause the formation of another ring for that year.

In order to throw some possible light on this subject a simple
experiment w^as made in the summer of 1894. On May 10 a piece
of bark about ©ne and one-half inch square was removed fromi
the north side of an ash tree about four inches in diameter and
from a maple about three inches in diameter. Both trees were in
full growth at the time and the bark lifted readily.

July 10 the leaves were stripped from both these trees. v,\\]i
the exception of a. very few which were purposely left, liy the
end of the month both trees w^ere leaving out again.

On the 10th of November both trees were cut down. A cross
section cut through the points from which the bark was reuKwed
showed no evidence of the treatment whicli the trees had re-
ceivi'Kl. The ring of gi'owth for that year was ajiparcntly as uni-
form as for otlier years.

This experiment, it should be noted, <l<tes not contradict the
gcncial opinion that there may be m<»ic than one ling fdnucd in
(Mie year, but it does seem to indicate that a gicatcr interference
with the normal conditions of growth is neede<l to produce that
efi'ect than has often been supposed. It is (niite ]K)ssible. to l>e
sure, that at some othei' part of the seas«ui the etfect might have

244 NEBRASKA STATE HISTORICAL SOCIETY.

been different. It may also be that if the leaves had been
kept from forming for a short time the result would have been
different. In general it seems fair to presume that the number
of rings found represent with a fair degree of certainty the age
of that part of the tree. To get the full age of the tree it should
be remembered that the count should be made at a point low
enough to get the sapling produced from the seed in the first year
of growth.

INTERNAL TEMPERATURE OF TREE-TRUNKS.

ON THE INTERNAL TEMPERATURE OF TREE TRUNKS.

R. A. EMERSON.

Observations on the internal temperature of trees were begun
by the writer in the summer of 1894. The object of the work was
to determine if possible whether the temperature of trunks and
limbs exposed to the direct rays of the sun does not at times be-
come injunously high. Observations were made on several
apple trees, a maple, and a cottonwood. Some of the apple limbs
were shaded by their foliage, some by boards, and some were
in direct sunlight. Half inch holes were bored in the limbs, some
on the north side, some on the south, and some on the west.
Each hole was bored so that a radius of tbe circle formed by a
cross section of the limb was cut at right angles near its periphe-
ral end. Each hole extended a little over half-way through the
tree and left approximately' one-half inch of new wood between
it and the bark. For taking internal temperatures an accurate
thermometer was used. Its stem was fitted in a cork which fitted
snugly the hole in tbe limb, so that, when the thermometer was in
place the hole was closed tightly. At each reading the ther-
mometer was left in the hole two or three minutes and so indi-
cated fairly accurately the temperature of the wood. Between
readings the hole was kept closed with a cork. Readings were
taken at the same times every day. In some cases they were
taken in the morning, in some at noon, in others at night, in some
both morning and noon, in others both morning and night. The
temperature of the air was taken at the same times. For this
cheap thermometers were used. They were first compared with
the better thermometer and their scales corrected. They were
hung on the limbs, one on the side in which the hole was bored,
the other on the opposite side. Readings were taken continu-
ously from July 4 to September 5, with but few interruptions.

246

NEBRASKA STATE HISTORICAL SOCIETY.

Now as to results. In the first place the real object of the
work, to determine whether the temperature of exposed trunks
and limbs does not at times rise injuriously high, can hardlj- be
said to have been accomplished. The highest temperature re-
corded was 119° F. Though this is probably above the optimum '
temperature for growth, it would be difficult to say whether it
is particularly injurious or not. Of course the maximum tem-
perature of the wood one-half inch in from the cambium layer
may have been much less than that of the cambium itself. A few
interesting points came out, how^ever, that lead to a further study
of tree temperatures. Some of the things shown by this first
summer's work are: (1.) The temperature of the tree trunks fol-
lows closely that of the outside air. (2.) One side of a small limb
may have a temperature much higher than that of the other
side. (3.) The maximum daily temperature of a limb exposed to
direct sunlight is often much higher than that of the outside air.
(4.) The maximum daily temperature of the shaded liiiibs is below
that of the air. (5.) Limbs exposed to direct sunlight show a
greater daily variation in temperature than shaded limbs. As
one illustration of the above points, a part of the readings taken
from four apple trees on July 26, 1894, are given in the table
below. Hole No. 3 was in a limb shaded by a board, No. 4 in
a limb shaded by foliage, and Nos. 1, 2, and 5 in limbs exposed
to the sun.

Hole

Side of
limb.

Time of
observation.

Temperature
of tree.

Temperature of air.

No.

Near hole.

Opposite hole.

South

7 a. m

79.2° F.

85.5° F.

83.2° F.

South

12 m

114.4

113.3

108.8

North

12 m

105.8

108.8

113.3

South

12 m

105.8

107.3

106.8

South

12 m

103.5

108.3

107.8

West

7 a. m

79.3

82.7

82.2

West

6 p. m

119.1

111.3

102.8

From this summer's work it became apparent that very little
could be learned of tree-temperatures by making observations
only once or twice daily. Therefore during a number of days in

INTERNAL TEMPERATURE OF TREE-TRUNKS. 247

the spring- and summer of 1805, hourly observations were taken.
This time a box-elder tree was used. Holes were bored about as
before. A number of good thermometers were placed in the
holes and remained there throughout the test, the holes being
sealed by putting wax about the thermometer stems. The
thermometers were arranged to study the following points:
(1.) The temperature of the air, as indicated by a thermometer
in the shade. (2.) The same, as shown by a thermometer in di-
rect sunlight. (3.) The temperature of the northeast side of a
live limb. (4.) That of the southwest side of the same limb ex-
posed to direct sunlight. (5.) That of the southwest side of the
same limb shaded from the sun. (6.) That of the southwest side
of a dead limb exposed to direct sunlight.

In addition to the points brought out before, the following
were noted: (1.) The temperature of tree-limbs rises and falls
more slowly than that of the air. (2.) The temperature of a dead
limb rises and falls more quickly than that of a live limb. (3.)
The extreme daily variations of temperature are greater in a
dead limb than in a live one.

In July the same thermometers were placed in limbs of an
apjile tree and the same points compared. The results were
identical to those obtained in the box-elder tree.

Ill September the thermometers were moved to another apple
tree. Results were the same again with one exception. The
temperature of the live limb followed that of the air more rap-
idly than did the temperature of the dead limb, just the opposite
of what had occurred in both the preivious cases. The dead limbs
used before had been alive the previous summer and their wood
was sound, while the limb used in the last case had been dead
longer and its wood was soft and slightly decayed. It would be
dillicult, however, to account for the difference observed in the
two cases on this ground alone.

It was this difference in behavior that led to a continuation of
the work another year. Up to this time no accurate measure
ments of the thickness of wood between the hole and the bark
had been made. The limbs, having been left in their original

248 NEBRASKA STATE HISTORICAL SOCIETY.

positions on the trees, received the sun's rays at somewhat differ-
ent angles. This might haw had something to do with the
difference between the temperatures of the live and dead limbs.

In August of this year, 1896, the theTiuometers were again
placed in limbs of an apple tree. The thermometers were the
same ones used before. They were compared with a thermome-
ter loaned for that purpose by the meteorological department of
the university and were found to be sufficiently accurate. A
live limb about 10 centimeters in diameter and with fairly smooth
bark was chosen. It leaned slightly to the north. All limbs to
the south of it were removed, so that the sun's rays might fall
directly upon it through the greater part of the day. A dead
limb about the size of the live one, with sound wood and fairly
smooth bark, was then obtained and a section of it about a meter
and a half long was hung up parallel to the live limb and about
a half meter from it. The sawed ends of this limb were covered
with wax to prevent, as far as possible, a loss or gain of water.
Holes sixteen millimeters in diameter, just large enough to admit
the thermometer bulbs, were bored in these limbs about two and
one-half meters from the ground. They were so bored that the
thermometer tubes placed in them w^ere perpendicular to the
sun's rays at about 1:30 p. m. One hole in the live limb and one
in the dead one were bored as in all cases before. In both cases
the wood between the hole and the bark was 10 m.m. thick. The
bark on the live limb was 3.5 m.m. thick, on the dead limb 4 m.m.
thick. In addition to these tangentially bored holes, another
was bored radially in 'each limb about 30 cm. below the first.
These were bored as near the center of the limb as possible.
Each was 40 m.m. from the outside of the bark on the south side
of the limb. All the holes were carefully sealed with wax. A
heavy cloth screen was made to shade the limbs or protect them
from the wind as might be desired.

With these arrangements for accurate comparison between the
dead and live limb, the results of the first two tiials made in 1895
were confirmed. The temperature of the dead limb changed
more rapidly than that of the liv^ one. It was also noticed that,

INTERNAL TEMPEHATUKE OE TREE-TRUNKS. 249

(I ) the temperature of the center of the limbs changed much more
slowly than that of the surface, and (2) the extreme daily varia-
tions were less. These points and also those brought out be-
fore are shown in the diagram of observations made September
!). 1896. (Fig. 1.) The limbs were shaded until 1:15 p. m., w^hen
the screen was removed. Just before 2 p. m. the sky became
cloudy.

The difference in temperature between the center and the sur-
face of a limb can be explained by the fact that w^ood is a poor
conductor of heat. The difference between the dead and live
limbs can be accounted tor almost entirely by the fact that the
live limb contains much more water than the dead one. Water,
having a high specific heat, varies in temperature much less rap-
idly than wood.

Thus far nothing has been said of the behavior of dead and live
limbs when their temperatures approach the freezing point of
water. Many observations were made on this point and all in-
dicate the following conclusions: (1) The temperature of the
air and of both the center and surface of a dead limb passes the
freezing point of water without appreciable acceleration or re-
tardation in its rise or fall. (2.) The temperature of the surface
and center of a live limb remains near the freezing point for some
time, but, having once got above this point, it rises nearly as
fast as that of a dead limb. These points are shown in the dia-
gram of readings for December 12, 1896. (Fig. 2.) The limbs
were shaded all day.

This behavior is also to be explained, probably, by the pres-
ence of considerable water in a live limb and the comi)arative
absence of it in a dead one. The ''latent" heat of fusion must
play an important part in retarding the melting of ice.

(Added since the above was read.)

Since the reading of the above paper a further study was made
of the effect of water in controlling temperature changes in live
and dead limbs. The dead limb and a section of the live one,
containing tbe thermometers and corresj)onding in length to the
dead one, were removed from the tree to the university green-
17

250 NEBRASKA STATE HISTORICAL SOCIETY.

house. The temperature changes in the two limbs, on their being
moved in and out of the greenhouse, were noted for several days.
The behavior was practically the same as when the limbs were
attached to the tree. The dead limb was then soaked in water
for some time and the temperature changes of the two limbs
again observed during both rising and falling temperatures.

These observations show that the rise and fall of temperature
of a dead limb is very appreciably checked on approaching the
freezing point. In short, a soaked dead limb behaves like a live
one, as far as temperature changes are concerned. There seemed
also to be some indication that the temperature of the soaked
d(^id limb, after having once passed below the freezing point,
falls faster than that of the live limb below the same point. The
later comparisons of the temperature changes of a live liml) and
a dead one not soaked are illustrated by the diagram for January
2(), 1897. (Fig. 3.) A like comparison of a live limb and a soaked
dead one is given by the diagram for February 26, 1897. (Fig 4.)
In both these cases the limbs were placed out doors at 9 a. m.,
after having first acquired a uniform temperature in the green-
house.

EXPLANATION OF PLATE 1.
(Fig. 1.) Sept. 9, 1896.

Curve No. 1 shows the changes in the temperature of a thermometer in air.

No. 2. — Temperature near surface of dead limb.

No. 3. — Same at center of dead limb.

No. 4. — Temperature near surface of live limb.

No. 5. — Same at center of live limb.

Limbs shaded till 1:15 p. m., in sunshine till 2 i*. m. Sky cloudy remainder of

day.

(Fig. 2.) Dec. 12, 1896.

No. 1 shows the temperature of air.
No. 2 shows the temperature of surface of dead limb.
No. 3 shows the temperature of center of dead limb.
No. 4 shows the temperature of surface of live limb.
No. 5 shows the temperature of center of live limb.
Limbs shaded by a screen.

(Fig. 3.) Jan. 26, 1897.
No. 1 shows the temperature of air.
No. 2 shows the temperature of surface of dead limb.
No. 3 shows the temperature of center of dead limb.

INTERNAL TEMPER AIT KK OF TREE-TRUNKf^. 251

No. 4 shows the temperature of surface of live limb.
No. 5 shows the temperature of center of live limb.
Limbs placed outdoors at 9 a. m.

(Fig. 4.) Feb. 20, 1897. i

No. 1 shows the temperatui-e of air.

No. 2 shows the temperature of surface of soaked dead limb.

No. 3 shows the temperature of center of soaked dead limb.

No. 4 shows the temperature of surface of live limb.

No. 5 shows the temperature of center of live limb.

Limbs ]ilaced outdoors at 9 a. m.

..NX

.^^

. \\^

\ ^

V <^--^

V^v ^^^

— — — .^^

^"^x

^^ ^

"S^

■-^ X

''v ^"^

•

. 1

„

___ — - —

— ^ — 1 1

AM IOA.M liAM I2M

K \

\\\ \

\\ \ \

\\\ \

\\ \ ^

\\\

\ '''^

\ \\

\ \

z ^

~-~--.^,^

_____

\ "\

'"--,.,^

~-^--.,_^

\ \

. ^

_^._-^ — '

^^-^

— — -^

1 ij

/ 1 //

/ ft

AM]

ft'', 1 2_,

t\| ]

\A-_-.-

X\lr

1 JmI i^

i ^

Pl^ATK 1.

WIND- DISTRIBUTION OF SEED8.

DATA AS TO WIND-DISTKIBUTIOX OF SEEDS.

EDWARD M. HUSSONG.

Few matters are of greater economic importance than that of
how and to what extent the seeds of flowering plants are distrib-
uted by winds. To the ecologist and phyto-geographer it is one
of no moderate interest, as geographical distribution, though
local, is in each of these lines of modern research no inconspicu-
ous part; to the student of local florae it accounts partially for
the unexpected appearance of species whose natural habitat has
been assigned remote from his district of special work; while tc^
the agriculturist it affects fatally his success or failure on the
farm.

No available data touching directly upon the subject have been
tabulated; perhaps none have been collected. Under my direc-
tion the students of the Franklin High School have carried for-
ward for the past three years a series of field collections and
laboratory cultures that have opened the pro))lem at hast to>
wider investigation. Our work briefly is thus:

We have made exposures of collecting traps in the various
sil nations afforded us on the high school cami)us, around the
homes of the students, and in the open prairies and fields. Lee-
ward and windward positipns were selected when previous indi-
cations foretold the direction of the wind; thr value of ihcsi^
different positions is apparent from the widely difl'erent results
obtained thus from the same period of observation. The ditfei-
eiil situations, as campus, barnyard, prairi<', ravine, field, etc..
giv<* lawful variations which the observer can easily accouui for.

The traps used were deep tin cans, anchored fasi by means of
stout stakes to which the cans were securely wired in a uiauiier
allowing of easy detachment to remove the centeuls. Winds
wer<' grossly classified into four groups: bree/es, local winds.

254

NEBRASKA STATE HISTORICAL SOCIETY.

high winds, and continued gales; such grouping being based upon
the force and continuance of atmospheric movement. The trash
and dust were carefully removed from the cans and labeled as to
location, date, length and strength of wind. A specimen label
is as follows:

''Harry Davis; open pasture south of Franklin, one-half mile
from tilled soil; continued gale, two days; Oct. 10-11, 1894.''

In many instances dates were not recorded, but the general
season-period is known. These omissions have so affected the
calculations that no definite dates can be given in the tabulation;
the early or late season-period, however, is fairly accurate.

Vegetable mould, calorized to prevent extraneous growths,
was added to the collections and under fair conditions the seeds
contained therein were germinated. Many of the plants grew^
to maturity, others developed sufficiently to reveal their identity,
a few were classed "unknown." The tabulation of results is not
as satisfactory as could be wished, but it suffices to show the
general trend of the investigation.

The following table shows calculations obtained from forty-
eight collections, 1893-4-5-6, taken during
Late Summer, September.

Orders.

Breezes.

Local
winds.

High
winds.

Continued
gales.

Per
cent.

1. Portulacacest'

27
3
11

14.6

2. Compositae . .

12.7

3. Aniarantacesp

5;') ! 43

12 3

4 Chenopodiacec¥

49 1 26

9 8

5 Plantaginacea"

38 1 22 i 7 h

6. Aselepeidacea?

31
13

7 2

21 20

6.7

9 31
13 11

5 1 3
23 8

4.r,

9. Cyperacese

3
12

11
17
2
6
5

4.2

10. Onagraceas

11. Cruciferaj

4.1
3.8

12. Leffuminosa? . .

19
9
6

8
7
9

239

3.7

13. Polygonacea?

2.5

14. Convolvulacea^

1.5

2
14-5

4.1

Totals

ir>9

327

99 . 2

Per cents, by winds

16.1

17,8 ; 30.3

26.6

WIND-DISTRIBUTION OF SEEDS. jJOO

A single series of experiments can give no well-founded it-
suits, and may vary widely from the truth; however, in general
it is noticed that breezes and local ivinds do not distribute ordi-
nary plant seeds over very great areas, while oppositely, liUih
u'uids and continued (/ales scatter the seeds widely over pasture
and meadow, hill, ravine, field, and prairie alike.

It is at once noticed in the above table that the coinose seeds
and the pappose and chaffy seed-bearing fruits are dislodged and
scattered by the early fall breer.es, the seeds of the Conipositce
and the Asclepeidacem predominating in numbers. The local
winds bear, besides comose and pappose seeds, those of the
Cheopodiacew and Amarantacece, whose presence is very undesira-
ble economically. High winds do not, as many may suppose,
bear the lighter comose, pappose, and membranaceous seeds in
greater numbers than does it of those of denser structure.
Though the high tvinds are, far more than any others, the seed
carriers, they are also the atmospheric agents that loosen and
drift forward many seeds that are too heavy to' be borne within
itself above the soil surface. The cultures of material collected
during continued gales gave very disappointing results. Our ad-
ventive, newly introduced, and ''out-of -range" species have come«
within our boundaries by the steady monsonic gales so prevalent
from the north and south, over the plain district of Nebraska,
Kansas, and the Dakotas. The alarming invasion of the ''Rus-
sian thistle," Salsola tragus L., in 1894-5, the appearance of car-
pet wewl, Mollugo verticillata L., throughout the entire county
(Franklin) in 1892, and the occasional growths of wild carrot,
IHincus carrota L., are to be attributed to these continued gales.

A reference to each of the other tables in the series may not be
amiss:

1. Tiie October collections gave 205^ more of Compositw, S'^
more (>f Asclepcidacew, and a considerable gain generally in the
lighttn- seeds, especially those adapted to aerial carriage; arous-
ing a strong suspicion, which other conditions tend to verify,
that October is pnHlominantly (he nionlli of local distribiition.

256 NEBRASKA STATE HISTORICAL SOCIETY.

Graminew, Amarantacete, and Chenopodiacece each gain from 1 to
3^ when dynamic data are unchanged.

2. The November collections were notable for a great increase
in the Chenopods and Amaranths. These grow mainly in fields
and ripen early and late. The increase of distribution of seeds
is probably accounted for by this being the month of corn-gath-
ering and stalk-pasturing on the farms. Ofttimes steady winds
prevail during the entire month. These two conditions uniting,
the tendency is toward a wider and easier dispersion and dis-
semination than during any other month of the year.

3. December and January show very light movements of
seeds, these being buried beneath snow and frozen fast to the
surface. Hence these months are periods of little- importance
in the matter under discussion. Lower latitudes would give
data of interest.

4. February and March are also inactive periods. Collections
were abundant in debris, but careful cultures showed that very
few seeds likely to germinate were contained therein. The rea-
sons are too obvious to necessitate mention.

5. April is the month of active spring work and coupled with
it are our spring monsoons. Operating together, no light effect
in distribution is noticed. In fact, all things loose tend to fly
to the uttermost parts of the earth. Among the commoner
ones, seeds of Garden Purslane, Portulaca oleracea L., Tansy Mus-
tard, Sisymbrium canescens Nutt., Black Mustard, Brassica nigra
(L.) Koch., Wild Pea, Astragalus gracilis Nutt.,and Winged Dock,
Rumex venosus Pursh,, were unexpectedly present and their
prominence in the culture growths showed them to be in prime
condition. A few early cottonwoods and willows appeared also.

It will be noticed that these data and compilations are in ref-
erence to horizontal variations only. Though it may prove an er-
ror, still it is the popular belief that the wind distribution of
seeds takes place within that stratum of air that lies about thirty
or forty feet from the earth's surface. Let us hope that investi-
gations may soon give us data as to vertical variation, that we may
know more fully the importance and service of fences, wind-

WIND-DISTKIBUTION OF SEEDS. "JO <

bi-eaks, weather-growths,, aud hedges toward hiudrauce aud jxis-
sible barriers of seed dispersion and dissemination. The ohl
adage: "An ounce of prevention is better than a pound of cure"
is pertinent to this matter.

[Note. — The term "seed" in this paper applies to the general
non-technical use of the word rather than in a strictly botanical
sense. It often implies those organs technically called fruit-
cluster aud fruit. E. M. H.]

NEBRAHKA STATE HISTORICAL SOCIETY.

SOME METHODS OE COLLECTINO. I'KEPAKING, AND i
MOITNTING FOSSILS.

CARRIE ADELINE BARBOUR.

Since l!S91 our University has sent out annual geological ex-
peditions — the Morrill Geological Expeditions. Three have gone
to the Corkscrew beds of Sioux county, two to the Big Bad Lands
of Dakota, and one to the rich fossil fields of Long Island, Kan.
As Nebraskans, the Corkscrew beds and their contents have a
particular interest for us, for this state alone seems to furnish
these new and strange fossils. They are embedded in soft sand-
stone, but it does not seem so soft to the student who works them
out with pick and spade, digging through yards of this sandstone.
However, after these spirals are secured and carefully packed,
and finally reach the tables of our workroom, the sandstone is
very dry and readily gives way before the toothed chisel and
the whisk broom. Though it may seem funny, the whisk broom
is one of our most efficient tools in cleaning Daemonelix. Where
breaks and fractures occur in these sandy specimens, it is im-
possible to glue them together. Accordingly, it is necessary to
dig out large cavities and dowel them together, as it were, with
plaster of Paris.

The Bad Lands, which are old lake deposits, consist of clays
alternating occasionally with beds of sand. Now if these clays
were not so plastic and so easily aftected by frost-cracks, sun-
cracks, and all oscillatory movements, the work of collecting,
cleaning, and mounting afterwards would be much easier. As
it is, fossil bones are often badly faulted. Sandstone packs sol-
idly. i>reserving the bones in a much better condition, making,
however, anything but play for the collector, and the task of dig-
ging them out of the sand matrix is accomplished only by careful
and patient work.

COLI,l-:CTIX(i. PREPARIN(;. AND MOUNTING FOSSILS. 259

lit the tield, the ji,f^o legist scrutinizes every inch of these sands
and clays, and upon finding so much as a tooth exi>osed to view it
is carefully examined and if there are signs of a skull or mandi-
hU\ either in whole or in part, or any other good bone, the picks,
spades, and drills are set to work digging out a large block of
tlie matrix in which the specimen is embedded, the matrix being
the best iiacking material in which to ship a specimen. If much
of tlie fossil is exposed, paper, or sometimes cloth, is pasted over
it. and if it is a very heavy bone, and unusually choice, paper,
<lt^ih, and burlap are successively pasted upon it. Care is used
not t(i ^■^u)k the paste, but to make a very thick batter of flour
and watfM-. The whole, w^hen dry, is stiff as a board, and the fos-
sil is ready for a journey of any distance. Sometimes a thin
coaling of plaster of Paris may be added over all to advantage.

\Mien beginning work on these specimens in the laboratory,
the paper or cloth is soaked and pulled off, then the task of re-
moving the matrix begins. This matrix or sandstone is of all
degrees of coherence, varying from the friable to that of flinty
hardness. As the matrix varies from soft to hard, so the fos-
sils incased will vary in hardness.

The chisel and mallet are among the most useful tools in this
work, with awls of different kinds for the more delicate bones;
trowels, chisels, scrapers, and penknife for the larger bones.
The sand bag, upon which the matrix rests while we dig out
the sj>ecimen, and the sand box, in which one part of the speci-
nuMi can be firmly supported while the other i>arts are attached,
are indispensable to the workroom.

We will suppose the matrix removed and all ready for joining
the parts cracked by frost, or broken while removing the hard
sandstone. Tlie very small bones can be safely united with glue.
The next hirger sized bones can be satisfactorily fastened to-
gether with plaster of Paris, using gum- water insi(^ad of water
for making the plaster. Tlie plaster made with gum acacia, dis-
^'<olved in water, has many advantages over the ordinary plaster,
as it does not harden so soon, and more time and care can be used
ill joining the breaks; and when this plaster is once set it is much

260 NEBRASKA STATE HISTORICAL SOCIETY.

harder and more lasting than the ordinary kind. True, the giini
acacia is expensive, but if used with care, a little will last a long-
time, and it has many useful qualities. Glue water has much the
same effect, but is not quite so satisfactory, and, if used freely,
causes the plaster to crack.

And now come the large bones of the large animals. These are
much more difficult to join than the small and medium-sized
bones which we have just been considering. In the hollow limb
bones, the outer portions are often hard and durable, while the
cavities are filled with calcareous material which can easily be
bored. Taking care that the holes in the pieces to be joined
correspond, insert long screws or wire and fill \n with plas-
ter of Paris, thus making a strong joint. Again, the cavities
may be filled with material so hard that hydrochloric acid is
used to eat out the holes.

The Loup Fork Tertiary, which extends through the western
part of this state and down into Kansas, is a more recent deposit
than the Bad Lands, so the bones found at Long Island, Kan.,
where the Morrill Geological Expedition collected one summer,
are very brittle, as the organic matter has been removed and the
cavities have not been filled. Hence exposure to the air often
causes such bones to crumble. At best they are very delicate
specimens to handle, but they can be hardened by soaking in
gum water or glue water and drying.

In the loess, which is our most extensive deposit and a very
recent one, many fossils are found, which must be treated in a
similar manner.

Although western Nebraska is in the distinctly sub-arid and
''arid" regions, 3'et there is no part of the state so arid that tuft
grass instead of prairie grass grows. This tuft grass is a distinct
Characteristic of the extreme arid region. In such regions it is
rather a simple matter to find exposed on the surface between the
tufts of grass such bones as may be washed out by storms and
freshets ; however, in Nebraska it is a much more complex matter
to find such remains, because of the covering of grass which prac-
tically grows over the whole state, save in the very bad lands

COLLECTING, PREPARING. AXI) MGfXTING FOSSILS. li()l

themselves. However, if such fragile boues as those of the mas-
todon and mammoth — which have been so recently buried that
they are rendered brittle by the loss of their organic matter,
without replacement by calcium carbonate or silica — were ex-
posed on the surface they would perish immediately. Accord-
ingly those preserved have generally been brought to light by the
plow and scraper in preparing some cut or fill for the railroad or
public highway or for an irrigating ditch. In other cases the
farmers notice around the prairie dog holes stray bits of bones,
^Vhich, from their very texture, show that they are of organic ori-
gin, and so arouse attention. By following the holes a sufficient
distance, the bones through which they burrowed can be rescued.
In this way, by following the windings of a prairie dog burrow
for nearly forty feet through the loess formation in Buffalot
count}', one of the tusks in the State Museum was recovered,
together with fragments of other bones. The particularly fine
pair of tusks, which are scarcely rivalled by any better represen-
tatives in any museum, were found in a railroad cut along the
Burlington and Missouri River railroad in Gosper county.

At this particular spot the loess is very thick, and being sub-
ject to considerable surface erosion, it is cut in all directions by
various drainage lines, so that the whole region is crossed by
rather sharp draws, bordered by hills of yellow bluff soil. The
railroad made a cut through one of these hills amounting to sev-
eral hundred yards in length, and from fifty to sixty feet in depth.
The material excavated in the cut was shipped forward a dis-
tance of a mile or two to make an extensive fill. The workmen
said that "they had never plowed and scraped through such re-
markable bones." The scraper and plow cut through thigh
bones, vertebrae, ribs, scapula, and skull, bringing them to the
sui'face where they were much admired for their size and beauty,
but for all that they were carried to the dump and forever de-
stroyed. The plow and scraper went mercilessly and merrily on.
until it had entirely destroyed the skeleton, the skull, and two
to three feet of the great tusks. But the work of destruction was
not (o end (here, for the workmen after that amused themsi Ives

262 NEBRASKA STATE HISTORICAL SOCIETY.

by reaching in at the side of the bank and pulling out handsful
of the friable bony matter of the tusk. This being incompletely
fossilized, and having been subject to the action of frost and the
force of growing rootlets, was shattered into innumerable small
bits, so that the once hard ivory could now be picked away by the
handful. Every scrap of tusk was entirely picked away as far in
as the arm could reach. The work of destruction would have
gone still farther if it had not involved some labor. The rail-
road men reported this specimen to a local doctor, who immedi-
ately decided to rescue the tusks for his private collection; ac-
cordingly he dug quite a ditch in such a way that it would cross
about the middle of the left tusk. It may be explained here that
the two tusks laid quite as they did in life. At this point he cut
out as much as he could without broadening his ditch; tinding
it was simply so many fragments in his hands, it occurred to him
that very likely the tusk was more solid at the tip. Accordingly
he dug a second trench, near the tip, and there destroyed nearly
three feet more of this excellent specimen. Fortunately,
while he dug away everything else, he did leave the hole where
the tusk laid; accordingly it was not a very difficult matter to
fill in these places with plaster of Paris, and so preserve with
actual fidelity the shape, size, sweep, and length of the tusk.
The holes in the bank where they had reached in and dragged out
handsful of the ivory had suffered very little from several months
of the weathering; these were likewise filled with the plaster of
Paris and then the work of excavation began. They were over-
laid by about five or six feet of the loess, which is soft and ex-
tremely easy to dig with the spade or shovel. However, during
the entire time of excavation a fierce gale of wind was blowing,
which carried so much fine sand that it was with extreme difh-
culty that the work could be carried on. As soon as a surface
was laid bare on the tusk the wind immediately carried away
pieces of the ivory — which was arranged in concentric layers;
accordingly it was necessary not to expose more than two to
three square inches at a time and to promptly paste ovei- this a
layer of ]>aper, then expose a few inches more and paste that with

COIXECTING, PREPARING, AND MOUNTING FOSSIT,S. 263

paper. In this way botb tusks were dug out aud laid baie to the
action of the sun and wind. This done, it was found necessary to
paste cloth over the tusks and around them in all directions, so as
to give it sufficient "body" to hold the fragile parts in place until
it could be shipped. Both tusks were allowed to stand on stilts
of the original clay in which they w(M(' imbedded, but these had
to be replaced by wooden stilts, in order that all of the surface
might be pasted with paper, cloth, and burlap. The next thing
was to pull up large masses of stiff grass, which grew in a marshy
spot near by. These tufts of grass were arranged longitudinally
along the tusks and wrapped and tied very securely in phice by
means of binding twine. On top of all was bound a heavy layer
of stout willow sprouts in order to give it additional stiffness
and strength. However, in spite of all these precautions, it was
found to be entirely impracticable to lift or move these tusks in
any way. The only possible means of rescuing them was to build
a large crate about them as they lay in position and to suspend
each tusk by means of rope and twine. In this position, when
sufficiently roped, it was an easy matter to pick up crates and
specimens and carry them down the hill and deliver them at the
nearest station, some nine or ten miles distant. The boxes when
done were so large that it was found impossible to get them in-
side of an ordinary wagon and considerable embarrassment was
experienced for a time. Finally, however, they were roped on
top of the wagon, extending across it, and in this way wert-
transported safely to their destination. The tusks were driven
across a very rough prairie, part of it without roads or trails,
a distance of nine or ten miles, then shipped by raili'oad from
Gosper county to Lincoln, and delivered at the museum still
swinging by cords and ropes and without breakage or injury.
Then began the work of unpacking and pro]>aring the specimen
in some permanent way. The burlap, chvtli, and i)a])or were re-
moved, a few inches at a time,and a mixture of paraffine, beeswax,
and resin was melted and poured over the exposed i)ait. This
melted mixture sank into every crack and upon cooling hardened
and united the parts comple-tely. Finally, holes were bored

264

NEBRASKA 8TATE HISTORICAL SOCIETY

along- the sides, about four inches apart and as deep as the center
of the tusks. In these hot wax was poured. This strengthened
the tusks to such an extent that the^- could be handled with
safety preparatory to mounting them upon permanent bases of
]>laster of Paris, such as they now stand upon.

h.\ri,ANATIO\

Fku-rk ].

Two tusks of the mammoth or primitive elephant partly uncovered. Found in
the loess of Gosper county, Nebraska, on the face of an extensive cut on the Bur-
lington & Missouri River railroad. Length of tusk along the curve, 11 feet ; diam-
eter at base, 7 inches. From a photograph by Erwin H. Barbour, Morrill Geological
Expedition, 1893.

BARITE.S OF NEBRASKA AND THE BAD LAXDS.

THK RARITES OF NEBRASKA AND THE BAD LANDS.

ERWIN HINCKLEY BARBOUR.

Dining- the past two years there have been several additions
to the list of Nebraska minerals. Chief among them are the
closely related minerals Barite and Celestite. Because of the
larger collections and the better knowledge of the barites they
will be made the subject of this paper.

Our barites occur in three rather distinct forms, the flat or
tabular crystals of southeastern Nebraska; the superb prismatic
crystals of the "Bad Lands,'' and the fibrous dike barite found
in the Hat Creek basin of the Little Bad Lands in Sioux county.
In southeastern Nebraska, in the Permian of Oage county, near
Odell, Wymoire, and Beatrice, barites are found quite abundantly
in the clays. Because of their shape and frequent occurrence
these beds have become known locally as the ''Diamond Fields."

The barite group belongs crystographically to the orthorhom-
bic system, that is, the three axes are all at right angles, but are
each of ditferent length, accordingly the prism may be developed
along different axes, making ever varying forms of crystals.
The common form of crystal is flat and tabulai-, sometimes, how
ever, they are long and needle like, at other times thick, stiong
l>risms. The form found in Oage county is a flat, diainond-
shaped crystal from one to three millimeters iji (liickiicss. Tlic
largest of these will scarcely measure more tlian ten to tificni
millimeters (three-eighths to one-half inch) in lengtli. It is a
common feature of these crystals to show alternating hands of
white, brown, or yellow color, parallel to the edges of the crystal ;
also a dark cross imitating axes is often present. The yellow-
portion, according to Dana, is the less pnrc barite. being, in fad.
a ])retty nearly equal mixture of barinin snlpliate and calcium
18

-06 NEBRASKA STATE HISTOKICAI. SOCIETY.

caibouate. lu addition to tliese it is not nncomnion for l>aiite j
to contain inipniities in the way of silica, clay, and bituminous
oi- carbonaceous substances. The more transi)arent ciystals I
show phantom figureKS to perfection. ;

Tiiese are all the more interesting to the Nebraska miiicralo- <
gist from the fact that they are undescribed for the state. '

In the Bad J^ands there are thin dikes running in all dii-ec- ;
tions. over the hills. Tliese ai*e generally dikes of chalcc^dony, j
and stand but little al>ove the bare clays of the r«^gion. In wTher j
cases tluM-e is a tilling of calcite with selvages of chalcedony. '
TluM-e are besides, occasionally dikes of sandstone a half meter \
thick, and even dikes of clay. ;

On th(^ last expedition sent out by the State ruiversit\-. — ihe i
.M.)rrill (ieidogical Expedition of ISil.")- the studtMits found uu
common and altogethei' uuex]>;cted dikes of tibrous barile of a
bluish color. The (lik(^ was scare* ly more than fifteen to
twenty millimeters (a half to tliree-(|uarters of an inch) thick, i
yet it could be traced for sonu^ distance acioss tlu' Uad Laud ;
marls. The dike was vertical, the fibers at right angles lo its I
I lane. This is the first known occuirence of l>ai'it<^ in any {' u in j
in this locality. :

Furthei- north in tlu^ l>ig IJad Lands a uuigniHcent airay of ■
barites is found in the F(u-t Tierre shale. These are occasion-
ally of striking size and of great superiority of color and cryslal
lization. The ]u-evailing type is a long, tapering, prisnuitic crys-
tal of a tine amber color. Ther(^ ai-(^ occasional crystals found
which are almost ifur(^ and transparent. Snuie ar(^ h-ss distiucF ly j
crystallized and are arranged in conspicuously radiated buncjit^s.
The mode of occurrence is an interesting featur(\ \\'liere\ ci- the \
country is cut into hills by i-ecent drainage lines, one can trace
along the hillsides a band made cons|)icuous l»y its nodules or
concretions. These vary in size from the dianu^ei- of the list
to those exceeding that of the outstretched arms. Thest- are
ex])Osed along the Cheyenne river and its many tributaries.
The concretions are of that peculiar type known as sei»taria.
There is a well recognized tendency of matter in solution, — hence

BARITES OF NEBRASKA AND THE BAD LANDS.

flee to arrauge itself molecularly. — to become seji,ie<;ate(l. or
;iuo legated together around a center, making more or less sjiheri-
cal masses. Thus it is that we find in the shales of the Fort
rierre Cretaceous great concritions of the same malcrial,
though rendered liard and dense. These clay balls when drying
from the original ])lasticity, harden first on the surface. Natu-
lally then, as the. interior dried there would be all sorts of
shrinkage cracks and irregular cavities left within. Her*' we

KicruK 2. — A groii]) of ainlier-colorcd barite crystals from the IJad Lands, show-
: etched and doubly terminated forms. The iiMtural etching of these crystals is
(Ml rather remarkable. Doubly terminated crystals are rare. Natural size.

i\«' formed a beautiful i-eceplach' for the magniticeni crystals
hicli are 1o be formed within these drying mud-balls. Soon
atcr with calcium carbonate in solution coats all the surfaces
itii a hiyei- (sf imjMire and discolored cahile. Succeeding lay
•s arc of better color and ci-ystalli/.at ion. (icnerally tlic cavi-
cs arc lined with small crysitals of dog-tooth spar of an orange
)lor; upon these r(-st clear, sharji crystals of nail-head calcitc.

26S NEBRASKA STATE HISTORICAL SOCIETY.

and also the fine tapering barite crystals. In brealving oi^en
tlicsc rtinty clay balls it is a difficult matter to avoid jarring
and l>reaking the slender crystals within. There are hundreds
of tiicse concretions in sight, although but few contain the barite,
and the matter of collecting barites is reduced to faithfulness in
o]:c))iug numerous concretions. Sometimes these septaria are
so h How and bristling with crystals that the whole is very geodc-
li!.c.

< )nt of many hundred crystals but few doubly teiniinated ones
v\<'i ' secured. The crystals are often etched in a remarkably
clear cut and beautiful manner, tlie etchings all pointing in a
given direction and with definite and unvarying relation to the
iixe^.

It was the author's good fortune to have visited this region
before it became known to collectors, and in this way he secured
first choice of these beautiful crystals. A more technical study
of our western Barites has been begun and will be ready for i>ub-
lication at another time.
December 18, 1896.

Plate II, Figs. 1 to G. — A group of barite crystals from the Bad Lands, sketched
natural size. The radiated form shown in Fig. 5 is occasionally met. Fig. 0, the
form of crystal found in the white and transparent barite of the region, which is
rather rare. The others are of the amber-colored type. The superfi