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Gc 

978.2 

N27p 

v.9 

Ser.2,v.4 

1237389 


M.U 


GENEALOGY  COLLECTION 


&£N 


3  1833  02595  0533 


Gc    973.2    N27p    v.9,Ser.2,v.4 
Nebraska    State    Historical- 
Society. 
Publications    of    the    Nebraska 
State    Historical.    Society 


T.   W.  TIPTON. 


r~ 


FORTY  YEARS  OF  NEBRASKA 


At  Home  and  in  Congress 


BY 

THOMAS  WESTON  TIPTON 

United  States  Senator  for  Nebraska,  1867-1875 


A.  SPECIAL  PUBLICATION 

OF 

E  NEBRASKA  STATE  HISTORICAL  SOC] 


\  •  I 

I            H 

S-o 

972. & 

tfZlfJ 

LINCOLN,  NEBR.: 

STATE  JOURNAL   COMPANY,   PRINTERS 

1902 

NEBRASKA  STATE  HISTORICAL  SOCIETY 


OFFICERS:  CONSTITUTING  BOARD  OF  MANAGERS. 

President— *  J.  Sterling  Mobton,  Nebraska  City. 
First  Vice-President— Robert  W.  Fubnas,  Brownville. 
Second  Vice-President— Chables  Sumnek  Lobingieb,  Omaha. 
Treasurer— C.  H.  Geke,  Lincoln. 
Secretary— H.  W.  Caldwell,  Lincoln. 

*  Died  April  27,  1902. 


OFFICE  STAFF. 

J\\  Amos  Barrett,  Librarian  and  Assistant  Secretary. 
A.  E.Sheldon,  Director  of  Field  Work. 
E.  E.  Blackman,  Archeologist. 
Clarence  S.  Paine,  Collector  of  Curios. 
Daisy  M.  1'alin,  Newspaper  Clerk. 


COMMITTEES  FOR  1902-1903. 

Publication— H.  W.  Caldwell,  S.  L.  Geisthardt,  Charles  S.  Dundey. 
Obituaries— R.  \V.  Furnas.  Geo.  L.  Miller,  A.  L.  Bixby. 
Program— H.  \V.  Caldwell,  A.  E.  Sheldon,  A.  T.  Richardson. 
Library — Jay  Amos  Barrett,  Miss  Edith  Tobitt,  Albert  Watkins. 
Mhtseum  and  Collections — Jay  Amos  Barrett,  C.  ,S.  Paine.  II.  T.  Clarke 


STATED  MEETINGS. 
Annual  meeting  of  the  Society,  second  Tuesday  in  January. 
Meetings  of  Executive  Board,  first  Tuesday  alter  second  Monday  in  Janu- 
ary, April,  July,  ( October. 


1237389 

CONTEXTS. 


PAGE 

CHAPTER  I.    Territorial  Governors 1-73 

Francis   Burt    1-  2 

Thomas  B.  Cuming   3-  8 

Mark  W.   Izard   9-16 

William  A.  Bichardson    17-20 

J.   Sterling-  Morton    21-47 

Samuel  W.  Black   4S-55 

Algernon  S.  Paddock   56-60 

Alvin  Saunders    61-73 

CHAPTER  II.     Territorial  Delegates 74-103 

Introduction   74-  76 

Napoleon  B.   Giddings    77-  78 

Bird  B.  Chapman   79-  81 

Fenner  Ferguson 82-  85 

Experience  Esta brook   86-  88 

Samuel  G.  Daily   89 

J.  Sterling  Morton 90-  99 

Phineas  W.  Hitchcock   100-103 

CHAPTER  III.    State  Governors  104-210 

David   Butler    104-117 

William  H.  James    118-119 

Robert  W.  Furnas   120-134 

Silas    Garber    135-140 

Albinus  Nance   141-147 

James  W.  Dawes    148-159 

John  M.  Thayer   160-175 

James  E.  Boyd   176-201 

Lorenzo   Crounse    

Silas  A.  Holcomb   206-210 

CHAPTER  IV.     State  Senators ~ ' '  -;>:' 

Preliminary  Historical  Sketch   211-215 

Thomas  W.   Tipton    ~  ' ' 

John  M.  Thayer   267-278 

Phineas  W.  Hitchcock  279_2 

Algernon  S.  Paddock 2f 

Alvin   Saunders   

Charles  H.  Van  Wyck :: 

„,       ,        „    ,,       -.  333-361 

Charles  F.  Manderson   

William  V.  Allen 362" 

(Hi) 


IV  CONTENTS. 

PAGE 

CHAPTEE  V.     Representatives 386-556 

T.    M.    Man | urn 386-389 

John   Taffe    390-394 

Lorenzo   Crounse    395-409 

Frank  Welch    410-413 

Thomas  J.   Majors   414 

Edward  K.  Valentine   415-420 

Archibald  J.   Weaver    421-425 

.lames  Laird   426-438 

Gilbert   L.  Laws   439-442 

William  J.  Connell   443-448 

George  W.  E.  Dorsey 449-454 

John  A.   McShane    455-461 

William  J.  Bryan   462-500 

William   A.   McKeighan    501-516 

Omer  M.    Kem    517-528 

Eugene   J.   Plainer    529-537 

David    H.   Mercer    538-549 

George   D.    Meiklejohn    550-556 


LIST  OF  ILLUSTRATIONS. 


■I- 


Thomas  Weston  Tipton.     Frontispiece. 

FAdi    PAGE 

J.  Sterling  Morton,  1858    24 

J.   Sterling  Morton,   1896    96 

David   Butler   104 

U.   W.  Furnas 120 

J.  E.  Boyd   1 76 

Lorenzo  Crounse   202 

Silas   A.   Holcomb    208 

Charles   P.   Manderson    336 

William    V.   Allen 368 

William  Jennings  Brya  n    464 


<=Jfy  ^^c  (^cZb^trz^L . 


(v) 


PREFACE. 


After  a  continuous  residence  of  thirty-three  years  in  Nemaha 
County,  four  of  which  were  with  the  celebrated  First  Nebraska 
Regiment,  and  eight  in  the  United  States  Senate,  having  suffered 
a  sudden  loss  of  health,  I  found  a  very  pleasant  pastime  and  most 
genial  employment  in  recalling  the  early  days  of  Nebraska  pioneer- 
ing. 

My  first  impulse  was  to  utter  opinions  of  men  and  measures. 
But  remembering  how  liable  we  all  are  to  make  mistakes,  and  being 
fearful  of  doing  injustice,  by  omission  or  prejudice,  to  some  of  my 
associates,  I  determined,  as  far  as  possible,  to  become  only  the  re. 
corder  of  their  public  works  and  compiler  of  their  sentiments  and 
oratorical  gems. 

My  theme,  Forty  Years  of  Nebraska  at  Home  and  in  Congress, 
brought  into  review  fifty  officials, — eight  territorial  governors,  six 
delegates  in  congress,  ten  state  governors,  eight  United  States  sena- 
tors, and  eighteen  members  of  the  house  of  representatives.  The 
number  required  brevity.  The  one  million  new-comers  and  young 
generation  were  to  be  instructed,  and  the  considerate  and  merciful 
criticism  invoked  of  the  remaining  fifty-eight  thousand  old  settlers. 

I  acknowledge  nry  indebtedness  to  ex-governor  Furnas  for  the 

use  of  his  invaluable  library,  to  the  Illustrated  History  of  Nebraska, 

and  to  the  Congressional  Globe  and  Record. 

THE  AUTHOR. 

607  Florida  Avenue,  N.  W.,  Washington,  D.  C. 
May  30,  1S94. 


(vii) 


ERRATA. 

Page  21,  Note.     For  Joseph  D.  Morton  read  Julius  Dewey  Morton. 

Page  55,  Note.     For  III.  read  /. 

Page  57,  line  18.     For  Nebr.,  Territory  read  Nebraska  Territory. 


(viii) 


CHAPTER  I. 
THE  TERRITORIAL  GOVERNORS. 


GOVERNOR  FRANCIS   BURT. 

Aug.   2   to   Oct.    IS,   1854. 

The  sad  history  of  Governor  Burt1  of  South  Carolina,  the 
first  governor  of  Nebraska,  is  soon  written.  He  was  appointed 
by  President  Pierce  and  reached  the  Territory  at  the  Mission 
House  at  Bellevue,  now  of  Sarpy  county,  on  the  7th  day  of  Oc- 
tober, 1854,  just  four  months  and  seven  days  subsequent  to  the 
passage  of  the  act  organizing  the  Territory.  Coming  there 
much  indisposed,  he  died  on  the  18th  of  the  same  month  of  his 
arrival,  having  taken  the  oath  of  office  on  the  16th  of  October, 
18.~)4.  and  closing  a  two  days'  term  of  official  life.  He  has  been 
spoken  of  as  "a  man  of  stern  integrity  and  unblemished  charac- 
ter, greatly  beloved  by  those  who  knew  him,"  and  in  the  pecu- 
liar terms  of  that  day,  as  "an  accomplished  southern  gentle- 
man." 


1  Governor  Francis  Burt:  Nebr.  State  Hist.  Soc.  Pub.,  sec.  series,  I.,  25-38;  first  series, 
I.,  93  (biog.  from  X.  Y.  Times,  Nov.  9,  1854);  II.,  19.  Savage  and  Bell,  Hist.  oj  Omaha, 
50.  The  following  genealogy  of  the  Hurt  family  is  furnished  by  Miss  Katharine  Burt, 
daughter  of  Gov.  Francis  Burt: 

Matthew  Burt  [b.  before  1732,  Mecklinburg,  Va.:  m., Harwood;  after  Rev- 
olution, moved  to  Edgefield,  S.  C;  d., ]   had  14  children:  Harwood,  Matthew, 

Philip.  Edward,  John,  Francis,  William,  Robert,  Garland,  Moody,  Susan.  Martha,  Mary. 
Ann.     Francis  Burt   [b.  about  17.74;  m.  Katharine  Miles  (dau.  of  Aquila  .Miles,  and 

Harriet  Giroud  who  was  dau.  of  Jourdan.  dau.  of  French  Huguenot,  and  win. 

had  8  children:  Susan.  Rebecca,  Katharine.  Paniilia,  Amelia.  .lack.  Lois.  Aquila);  d., 

]  had  10  children  :  Louis,  Matthew,  Oswald,  Armistead,  Francis,  Erasmus,  Harriet, 

Eliza.  Katharine,  Pamilia.  Francis  Burt  [b.  Jan.  13,  1807;  m..  1831,  Georgians  Hall, 
dau.  George  Abbott  Hall  of  Charleston  (son  of  Geo.  A.  Hall  and  Lois  Matthew-,  sister 
of  Mrs.  Thomas  Hayward  whose  husband  was  signer  of  Declaration  of  Independence  I 
and  Anne  Dawson  (b.  Oct.  9,  1774;  dau.  John  Dawson  and  Joanna  Mouck  ;  descendant 
Dr.  Henrv  Woodward;  m.,  1806)]  had  six  children:  Frank  (d.  1850),  Georgians  (m. 
WTilliam  H.  Dawson,  1854;  d.  1882),  Harriet  (m.  D.  M.  Young.  ISlis,.  Armistead  in. 
Laura  Rippeton,  1887),  Joanna  (m.  George  Robert,  now  deceased,  1879),  Katharine  I  b. 
1842,  lives  Macon,  Ga.),  Mary  (m.  William  A.  Johnston,  1871:  d.  1879),  George  Abbott 
{"Frank";  m.  Minnie  Nutting,  1881). 

2  (1) 


NEBRASKA    STATE    HISTORICAL   SOCIETY. 

The  Secretary  of  the  Territory,  T.  B.  Cuming,  of  Iowa,  imme- 
diately assumed  the  duties  of  acting-governor,  and  his  procla- 
mation, announcing  the  sorrowful  death,  draping  the  national 
flags,  and  appointing  an  escort,  was  the  first  executive  utter- 
ance. 


TERRITORIAL    GOVERNORS. 


ACTING  (GOVERNOR   THOMAS   B.   CUMING. 

Oct.  18,  1854  to  Feb.  20,  1855,  and  Oct.  25.  1857  to  Jan.  12,  1858. 

The  first  Territorial  Legislature  of  Nebraska  convened  Jan- 
uary 10,  1855,  Acting-Governor  Thomas  B.  Cuming  delivering 
the  message.    In  that  document  he  said: 

The  first  official  act  within  our  Territory  has  been  indeed 
a  mournful  one,  the  transmission  to  a  bereaved  wife  and 
orphaned  children  in  South  Carolina  of  all  that  was  mortal 
of  your  late  lamented  governor,  Francis  Burt.  In  his  death 
you  have  suffered  a  severe  loss — the  loss  of  a  man  peculiarly 
qualified  by  his  public  experience  and  capacity,  his  private 
virtues,  and  his  energy  and  firmness,  for  the  satisfactory 
and  courageous  discharge  of  his  official  duties.  He  spent 
but   a   few  weeks   of   suffering"  among-  us,   and   his  grave   in  < 

a  far  off  State  is  only  another  tie  of  union  between  com- 
munities widely  severed,  who  will  revert  to  his  memory 
with  fraternal  pride,  and  to  his  untimely  decease  with 
sympathetic  sorrow. 

There  were  no  unpleasant  discriminations  to  subtract 
from  the  universal  esteem  in  which  his  manly  and  amiable 
traits  were  held  by  an  enlightened  people;  and  the  fact  that 
South  Carolina  has  given  us  one  of  her  distinguished  sons, 
is  accompanied  upon  your  record  by  the  expression  of  your 
undivided  respect  and  affection. i 

4 

The  Territory  being  without  a  system  of  civil  or  criminal  law. 
■or  corporations,  financial  institutions,  or  public  works,  as  rail- 
roads, bridges  or  highways,  the  foundations  were  to  be  laid, 
and  superstructures  erected.  In  the  absence  of  financial  re- 
sources, appeals  were  made  for  congressional  aid.  in  behalf  of 
the  Pacific  railroad,  telegraph  and  mail  facilities,  a  chain  of 
military  posts  for  emigrant  protection,  ami  land  donations  for 
all  conceivable  purposes. 

Having  hoped  for  the  arrival  of  Governor  Burt's  successor 
up  to  the  meeting  of  the  legislature,  and  not  wishing  i<»  pledge 

1  Council  Journal.  1st  session,  pp.  8-9. 


1  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

him   to  any  specific  policy,   the  acting-governor  dealt    in  brief 
and  general  allusions  and  closed  as  follows: 


r<' 


I  could  not  forbear,  gentlemen,  in  transferring  to  another 
the  trust  reposed  in  me,  from  expressing  a  pride  that,  our 
Territory  being  thus  speedily  built  up  :is  another  arch  in 
the  national  fabric,  your  public  acts  and  counsels  will 
contribute  to  defend  and  perpetuate  the  Union  and  the 
Constitution  of  the  United  States  as  the  only  sure  founda- 
tion of  our  civil  liberties.  I  trust  that  your  delibera- 
tions, by  the  blessing-  of  Divine  Providence,  may  be  con- 
ducted with  efficiency  and  prudence,  and  that  the  most 
ardent  hopes  of  each  one  of  you  who  have  confronted  the 
hardships  and  trials  of  pioneer  life,  may  be  realized  in  the 
promotion  of  the  lasting-  good  of  our  vast  and  promising- 
young   Territory.1 

When  the  41  h  Legislative  Assembly  convened  December  Sth, 
is.")7.  Secretary  Cuming,  being  again  acting-governor,  delivered 
a  message  congratulatory  and  instructive: 

We  are  assembled  today  under  the  most  favorable  aus- 
pices. The  Territory  of  Nebraska  has,  thus  far,  achieved 
all  that  her  friends  could  ask.  Her  early  organization  and 
rapid  progress  have  signally  illustrated  the  safety  and  ex- 
pansive force  of  the  principles  of  the  Federal  compact, 
from  which  naturally  sprang  her  organic  act. 

On  account  of  Nebraska's  close  proximity  to  the  Anti-Slavery 
strife  in  Kansas,  where  the  slave  power  was  determined  to 
enthrone  the  "peculiar  institution,''  and  the  resident  citizens 
Mere  equally  devoted  to  the  free  soil  and  free  men,  the  gover- 
nor made  the  following  allusions: 

Although  la  incut  able  dissensions  have  given  to  our  sister 
territory  a  wider  notoriety,  we  may  well  congratulate  each 
other  upon  the  verification  of  the  political  truth.  "Happy 
is  thai  people  whose  annals  are  tranquil."  Safe,  thus  far. 
from  the  interference  of  reckless  agitators  and  the  mad 
efforts  of  intolerant  fanatics,  we  can  furnish  to  the  world 
an  enviable  proof  of  the  legitimate  effect  of  the  genius  and 
spirit   of  our  republican   institutions. 

Among  his  recommendations  be  mentioned  the  fact  that  the 
1  CouncilJournal,  1st  session,  V2. 


TERRITORIAL   GOVERNORS.  5 

citizens  of  Omaha  bad  contributed  $50,000  to  aid  in  completing 
the  Capitol  building  for  which  Congress  should  reimburse  them; 
and  that  the  government  should  give  the  territory  a  surveyor 
general;  distribute  troops  along  the  emigrant  line  of  travel; 
make  appropriations  for  railroad  construction  and  for  bridging 
the  rivers  and  streams  on  the  United  States  mail  routes,  lie 
drew  a  very  true  picture  of  the  evils  of  unrestricted  and  riegli 
gent  banking  and  demanded  all  the  safeguards  that  prudence 
could  dictate. 

The  few  days  allowed  for  a  session  of  the  legislature  had 
demonstrated  the  fact  that  legal  enactments  were  limited,  con 
fused  and  contradictory,  and  needed  constant  amendments  and 
comparisons  with  the  legislation  of  older  communities. 

The  thoughtful  reader  will  understand  that  the  laws,  regula- 
tions and  customs  of  a  new  and  formative  society  will  be  con- 
stantly superseded  by  the  progress  of  intellectual  and  physical 
development. 

This  final  message  of  Governor  Cuming  closed  as  follows: 

T  have  thus  presented  to  you,  gentlemen,  plainly  and 
hurriedly,  such  considerations  as  have  occurred  to  me,  un- 
certain, until  the  eve  of  your  assembling,  whether  in  my  in- 
cidental position,  such  a  communication  would  be  required. 
Once  before  we  have  met  under  similar  circumstances.  Since 
that  initial  period,  the  bitterness  of  sectional  strife  has  been 
measurably  allayed.  Strange  faces  and  new  interests  have 
taken  their  places  upon  the  stage  and  many  of  the  actors  in 
our  early  history  have  passed  away,  or  been  lost  in  the 
throng  of  events.  Men,  out  of  repair  politically  and  morally, 
will  continue  to  be  prostrated,  one  by  one,  and  their  names 
expire  with  the  forgotten  influences  of  the  past;  but  our 
powerful  young  Territory  will  move  on  with  augmented 
and  prevailing  force  and  realize,  in  its  future  fortunes,  all 
that  human  hope  or  ambition  can  anticipate  or  wish.  Acting 
for  that  Territory  in  a  coordinate  capacity,  and  in  view  of 
the  mutations  of  public  affairs,  and  in  the  vicissitudes  of  life. 
permit  me  to  assure  you.  each  and  all,  that  I  cherish  a 
sincere  desire  for  your  success,  individually,  as  well  as  in 
your  endeavors  to  promote  the  public  good.  May  no  per- 
sonal resentment  or  local  alienations  hereafter  mar  the 
harmony  which  should  inspire  the  intercourse  of  Hie  repre- 
sentatives  of  the   government  and   of   our   people.     May    no 


C>  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

boundary  Datura]  or  artificial  prevent  tin'  union  of  all  our 
energies,  in  building  up  an  eminent,  honored  and  thriving 
State.  May  yon  be  prospered  in  all  your  laudable  aims,  and 
alter  performing  the  high  duty  of  legislating  for  a  patriotic 

and    confiding   people,   return    in    health    to   the   comforts   and 

friendships  of  your  respective  homes. 

Within  three  months  from  the  date  of  tins  official  document, 
its  author  had  passed  from  earth,  and  at  the  meeting  of  the 
next  legislature,  Governor  Richardson  said:  "The  Territory  lias 
lost  one  of  her  brightest  intellects,  one  whose  genius  and  at- 
tainments had  inspired  his  many  friends  with  high  hopes  and 
marked  out  for  him  a  brilliant  and  useful  future.  T.  B.  Cuming, 
Secretary  of  the  Territory,  has  been  called  away  forever."1 

The  legislature  having  referred  this  message  to  a  committee, 
the  following  report2  was  made  by  its  chairman,  Hon.  R.  W. 
Furnas,  subsequently  governor: 

Thomas  B.  Cuming  was  appointed  secretary  of  the  Terri- 
tory of  Nebraska  by  Franklin  l'ierce.  President  of  the  United 
States,  upon  the  organization  of  the  Territory,  and  entering 
at  once  upon  the  discharge  of  the  duties  of  his  office,  lie 
arrived  here  in  the  month  of  September,  1854.  By  the 
untimely  deeease  of  Governor  Burt,  he  succeeded  to  the 
supreme  executive  and  became  ex-officio  Governor  of  Ne- 
braska. How  ably  he  filled  that  office,  those  living  can 
testify.  In  the  organization  of  the  first  legislature,  sur- 
rounded as  he  was  by  conflicting  elements,  threatened  by 
tierce  contending  factions,  standing  in  imminent  danger  of 
personal  violence,  he  wavered  not  once  in  his  fealty  to  the 
general  government,  nor  in  his  fidelity  to  the  trust  reposed 
in  him.  Throughout  the  whole  duration  of  those  trouble- 
some times  be  pursued  a  policy,  the  sagacity  of  which  was 
proved  by  its  success,  and  the  wisdom  of  which  is  evidenced 
by  the  present  prosperous  position  of  the  Territory  which 
he  governed.  Upon  the  resignation  of  Governor  Izard,  he 
again  assumed  the  executive  office  and  Prom  that  time  till 
near  his  death  maintained  it.  Me  has  been  identified  with 
the  Territory  ever  since  its  organization,  as  one  of  its 
highest  officers,  lie  died  with  the  mantle  of  authority  still 
about  him.  in  the  land  which  he  had  chosen  for  his  own; 
in  the  country  which  he  had  ruled  so  well.  Me  was  buried 
with  his  honors  fresh  upon  him;   from  the  halls  where  he  was 


'  Council  Journal,  5th  session.  15. 
•  Council  Journal,  5th  session,  30-31. 


TERRITORIAL    GOVERNORS.  7 

wont  to  tread  among  a  people  that  delighted  to  do  him 
reverence.  He  was  followed  To  his  grave  by  those  who  were 
his  friends,  and  the  soil  for  which  he  had  lived  and  labored 
received  his  remains.  His  requiem  was  tolled  bv  the  silence 
of  those  who  knew  what  they  had  lost,  and  'if  you  seek  his 
monument  look  around  you.'  Besides  being-  for  a  long  time 
the  first  executive  officer  of  the  Territory,  he  was  in  many 
respects  the  first  man  of  Nebraska.  And  hereafter  when 
the  roll  of  the  greal  men  of  the  Territory  is  called,  and 
the  name  of  Thomas  15.  Cuming  is  pronounced  the  first  upon 
the  list,  let  the  answer  be  as  it  was  with  the  surviving  com- 
rades of  La  Tour,  D'Auverne,  first  grenadier  of  the  army 
of  France,  "Died  on  the  field  of  honor."  The  closing  moments 
of  an  existence,  checkered  as  his  has  been  by  worldly  con- 
tests, cannot  but  attract  attention.  His  life  was  no  holiday- 
but  almost  every  moment  of  it  had  been  passed  in  the  busy 
thoroughfares  of  the  world,  and  when  finally  prostrated  by 
disease,  the  closing  acts  of  his  public  life  were  characterized 
with  the  same  energy  and  decision  which  made  his  character 
what  it  was.  Your  committee  have  in  this  hurried  manner 
discharged  the  duty  imposed  upon  them.  They  are  con- 
scious of  their  inability  to  present  a  report  for  your  con- 
sideration commensurate  with  their  estimation  of  the  man. 
and  their  appreciation  of  Thomas  B.  Cuming  as  an  executive 
officer.  Your  committee  would  close  their  report  by  express- 
ing their  earnest  hope  that  here  in  the  shadow  of  the 
Capitol,  about  whose  arches  the  spirit  of  the  deceased  may 
linger:  that  here  the  memory  of  those  sectional  disputes 
among  which  the  latter  part  of  his  life  was  unavoidably 
passed.  will  cause  this  legislature  to  avoid  them,  and  unite 
for  the  furtherance  of  such  measures  as  shall  be  for  the 
good  of  the  whole  country. 

Never  was  the  pathway  of  a  youno'  politician  beset  with 
greater  perplexities  and  temptations  than  those  surrounding; 
the  first  temporary  executive  of  the  Territory  of  Nebraska.  To 
be  unexpectedly  called  upon  to  assume  the  duties  of  another, 
and  expected  to  evolve  a  government  from  a  state  of  elementary 
chaos,  in  the  absence  of  precedents,  would  have  required  all 
that  age,  experience  and  human  sagacity  could  have  furnished. 
While  it  beeame  his  duty  to  designate  the  place  for  the  assem- 
bling of  the  first  session  of  the  legislature,  the  final  question 
of  Capitol  location  was  left  to  the  representatives  of  the  people; 
but  inasmuch  as  the  place  of  the  first  meeting  would  have  the 


8  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

prestige  of  an  incipient  Capitol,  his  decision  was  sought  in  the 
spirit  of  desperation.  What  there  was  of  settlement,  was  di- 
vided by  the  Platte  River  into  North  and  South,  while  in  the  two 
antagonistic  sections,  three  rival  towns  in  each  were  ready  to 
destroy  their  local  competitors  to  gain  a  permanent  advantage. 
These  were  Bellevue,  Omaha  and  Florence  to  the  north,  and 
Plattsmouth,  Nebraska  City  and  Brownville  to  the  south. 

Bellevue,  having  been  the  place  where  the  tirst  governor 
landed  and  died,  and  whence  his  acting  successor  issued  the 
first  official  proclamation,  and  possessing  the  most  beautiful 
location,  had  many  reasons  to  anticipate  becoming  the  perma- 
nent  seat  of  government. 

When,  therefore,  Mr.  Cuming,  having  ordered  the  taking  of 
a  census,  in  L854,  and  the  election  of  members  of  a  legislature 
and  of  a  delegate  to  Congress,  appointed  the  assembling  of  the 
first  session  for  Omaha,  the  clans  were  mustered  for  war.  In 
the  absence  of  courts  to  issue  the  quo  warranto  or  mandamus, 
appeal  was  occasionally  made  to  the  knife  and  revolver,  and 
under  mental  conditions  affected  by  the  use  of  money  or  whis- 
key. Accordingly,  in  1858,  when  the  location  question  was  again 
revived,  and  Secretary  Cuming  was  once  more  acting-governor, 
after  Governor  Izard's  resignation,  a  majority  of  the  legislature 
removed  to  Florence,  eight  miles  up  the  river,  and  called  upon 
li iin  for  the  records  in  possession  of  the  minority  at  Omaha. 

Before  a  solution  of  this  complication  was  secured  Gov.  Rich- 
ardson of  Illinois  arrived  and,  assuming  control,  released  the 
young  official  once  more  to  his  original  duty  of  secretary  of  the 
Territory,  which  place  he  filled  until  early  in  the  spring  of  1858, 
when  he  was  stricken  by  death,  in  his  28th  year. 


TERRITORIAL    GOVERNORS.  0 


GOVERNOR  MARK  W.  IZARD. 

Feb.  20,  1855  to  Oct.  25,  1S57. 

In  the  illustrated  history  of  Nebraska,  a  writer  quoting  from 
the  Omaha  Herald,  proceeds  as  follows:  "Mark  W.  Izard,  who 
eame  into  the  Territory  as  United  States  marshal,  was  ap- 
pointed successor  to  Governor  Burt,  and  the  ball  was  given 
in  honor  of  his  excellency."  It  might  be  here  parenthetically 
stated  that  when  the  governor  was  to  read  his  inaugural  mes- 
sage he  arranged  it  so  that  a  negro  was  to  announce  his  ap- 
proach to  the  legislative  chamber,  by  saying,  "Mr.  Speaker,  the 
Governor  is  now  approaching";  but  forgetting  his  text  he  elec- 
trified the  assembled  wisdom  with,  "Mr.  Speaker,  de  Grub'ner 
hab  done  come."     The  following  is  from  the  Herald: 

Izard  was  a  stately  character  physically;  mentally,  rather 
weak,  and  felt  a  lively  sense  of  the  dignity  with  which  the 
appointment  clothed  him.  He  had  never  known  such  an 
honor  before,  and  it  bore  upon  him  heavily.  To  the  few  per- 
sons who  then  constituted  the  population  of  the  city,  the 
governor  was  careful  to  intimate  a  desire  to  have  his 
gubernatorial  advent  suitably  celebrated.  The  factious  and 
wary  Cuming  suggested-  the  idea  of  giving  Izard  an  executive 
ball.  The  larger  of  the  two  rooms,  which  then  constituted 
the  building,  was  the  theatre  of  a  scene  perhaps  the  most 
ludicrous  that  was  ever  witnessed  in  the  history  of  public 
receptions.  The  room  had  a  single  coat  of  what  was  called 
plastering,  composed  of  a  frozen  mixture  of  mud  and  ice, 
and  a  very  thin  coating  at  that.  The  floor  was  rough  and 
unplaned,  and  not  altogether  safe  for  those  who  preferred 
the  upright  position.  It  had  been  energetically  scrubbed  for 
the  occasion.  The  night  being-  dreadfully  cold  and  the 
heating-  apparatus  failing  to  warm  the  room,  the  water  froze 
upon  the  floor  and  could  not  be  melted  by  any  then  known 
process.  Rough  cottonwood  boards  on  either  side  of  the 
room  were  substituted  for  chairs.  The  hour  of  seven  having 
arrived,  the  grand  company  began  to  assemble.  Long  before 
the  appointed  hour  his  Arkansas  excellency  appeared  in 
the  dancing  hall.  He  and  Jim  Orton  and  "the  hand"  of 
Council   Eluffs   reached    the    scene   about    the   same    moment. 


1(1  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

The  governor  was  \  ery  polite  to  Jim, and  Jim  was  just  "tight" 
enough  to  be  correspondingly  polite  to  the  governor,  while 

[zard  was  the  guesl  of  nine  ladies,  who  were  all  that  could 
be  mustered,  even  for  a  state  occasion  in  Omaha.  They  were 
Mrs.  (i.  L.  Miller.  Mrs.  T.  1!.  Cuming,  Mrs.  I-Ynner  Ferguson, 
Mrs.  .1.  Sterling  Morton.  Mrs.  ('.  B.  Smith,  Mrs.  Fleming 
Davidson,  Mrs.  A.  .1.  Eanscom,  Mrs.  A.  I).  Jones,  and  Mrs. 
S.  I-;.  Rogers.  Two  of  the  ladies  could  not  dance,  and  their 
places  were  supplied  by  the  same  number  of  gentlemen. 
The  governor  had  a  son  by  the  name  of  James.  He  was  his 
excellency's  private  secretary,  and  wishing  to  present  a  high 
example  of  style,  he  came  in  at  a  late  hour  escorting'  Mrs. 
Davidson.  His  bearing  was  fearfnlly  stately  and  dignified. 
He  wore  a  white  vest  and  white  kids,  as  any  gentleman 
would  do,  but  these  were  in  rather  discordant  contrast 
with  the  surroundings.  Paddock,  Poppleton.  Cuming,  Smith, 
Morton,  Ferguson,  Goodwill,  Clancy,  Folsom,  and  Dr.  Miller, 
besides  a  large  assembly  of  legislators,  attended.  .Tim  Orton 
was  the  solitary  fiddler,  occupying  a  corner  of  the  jooni. 
The  dance  was  opened  and  it  was  a  gay  and  festive  occasion. 
During  the  dance  several  accidents  happened.  One  lady, 
now  well  known  in  Omaha,  fell  fiat;  others  did  likewise. 
The  supper  came  off  about  midnight,  and  consisted  of  coffee 
with  brown  sugar,  but  no  milk,  sandwiches  of  a  peculiar 
size,  very  thick,  and  made  up  of  a  singular  mixture  of  bread 
of  radical  complexion,  and  bacon.  The  menu  was  supple- 
mented with  dried  apple  pie.  and  there  being  no  tables  in 
those  days,  was  passed  around.  The  governor  having  long 
lived  in  a  hot  climate,  stood  around  shivering  with  the  cold. 
but  bore  himself  with  amiable  fortitude,  buoyed  up  with 
the  honors  thus  showered  upon  him,  and  at  the  proper  time, 
under  a  deep  sense  of  his  own  consequence,  made  a  speeidi 
returning-  thanks  for  the  high  honor  done  him. 

On  the  20th  day  of  February,  1855,  the  successor  of  Governor 
Burt  having  arrived,  Secretary  Cuming  introduced  him  to  the 
legislature  in  ;i  most  complimentary  speech,  which  was  replied 
to  iii  a  manner  indicating  that  "honors  were  easy,"  and  eulo- 
giums  ai  par. 

Mr.  Cuming:  We  congratulate  you  and  ourselves,  Sir,  that 
the  blessing  of  prosperity  and  harmony,  and  the  glory  of 
greal  hopes  for  the  future  are-  light  ing  up  your  path,  which 
the  vigorous  arm  of  popular  sovereignty  has  carved  out 
and  upon  which  we  have  entered.  *  *  *  We  feel  assured, 
Sir.  that    a  glorious  destiny  will   result   from   that    manifesta- 


TERRITORIAL    GOVERNORS.  11 

tion  of  the  popular  will  which  has  already  fixed  the  west- 
ward "march  of  empire";  and  we  rejoice  in  the  assurance 
that  you  will  hereafter  occupy  a  prominent  place  among  the 
benefactors  of  commerce,  the  promoters  of  patriotism  and 
the  friends  of  mankind. i 

To  which  the  governor  replied: 

1  return  my  sincere  thanks  to  you  for  the  kind  and  compli- 
mentary manner  in  which  you  have  received  me.  In  the 
difficulties  through  which  you  have  passed,  and  the  embar- 
rassments which  you  have  unavoidably  encountered  in  the 
organization  of  this  now  prosperous  and  growing  Territory. 
I  am  conscious  you  had  at  heart  the  welfare  of  the 
whole  Territory.  1  return  to  you  my  sincere  thanks  for  the 
cordial  welcome  and  friendly  feeling  witli  which  you  have 
received  me.  *  *  "::*  I  feel  that  there  is  wisdom  and  in- 
tegrity enough  here  to  lay  the  foundation  for  a  government, 
the  blessings  of  which  are  soon  to  be  enjoyed  by  a  popula- 
tion unparalleled  in  the  settlement  of  any  country,  a  popu- 
lation which  will  vie  in  point  of  morals  and  intelligence 
with  any  country,  new  or  old.2 

These  few  complimentary  extracts  may  suffice  as  introduc- 
tory to  an  official  acquaintance  and  a  prelude  to  the  governor's 
first  message3  of  February  27,  1855,  which  ran  as  follows: 

The  circumstances  under  which  I  make  this,  my  first 
official  communication  to  your  honorable  body,  are  some- 
what peculiar,  my  arrival  in  the  Territory  having  been 
delayed  by  causes  entirely  beyond  my  control,  until  a  late 
day  of  the  session.  I  cannot  flatter  myself  that  I  am 
officially  familiar  with  the  progress  already  made,  to  indi- 
cate a  course  of  policy  for  the  government  of  your  future 
actions,  with  as  much  clearness  and  precision  as  1  could 
desire,  but  finding  the  session  fast  drawing  to  a  close,  and 
the  more  important  matters  of  legislation  which  are  of 
vital  interest  to  the  people  of  the  Territory,  yet  in  their 
incipient  state,  or  wholly  untouched,  I  feel  it  my  duty  to 
call  your  attention  to  the  subject,  and  recommend  to 
your  favorable  consideration  such  measures  as  \  deem  im- 
portant for  the  speedy  organization  of  the  Territory,  and 
future  peace  and  harmony  of  our  young  and  growing  com- 
munity. 


1  Council  Journal,  1st  session,  78. 
-  Council  Journal,  1st  "session,  78,  79. 
'Council  Journal,  1st  session,  97-00. 


11'  NEBRASKA    STATE    HISTORICAL   SOCIETY. 


The  length  of  the  session  being  limited  to  forty  days  by  the 
organic  act,  he  recommended  that  the  code  of  Iowa  for  civil  and 
criminal  practice  be  adopted,  and  that  a  general  election  law  be 
framed,  and  a  system  of  territorial  revenue  be  established,  and 
rules  and  regulations  prescribed  for  defining  the  rights  of  set- 
tlers under  the  act  of  Congress.  There  was  a  most  pressing 
necessity  for  the  admonition  against  special  legislation,  instead 
of  general  laws,  for  all  manner  of  persons  were  under  a  frenzy 
of  excitement  in  order  to  acquire  charters  for  banks,  ferries  and 
endless  corporations,  the  erection  of  counties  and  location  of 
towns,  and  for  the  permanent  establishment  of  the  capital. 
whereby  a  fictitious  value  should  at  once  be  attached  to  real 
estate,  and  vast  fortunes  amassed.  The  legislature  then  in  ses- 
sion was  not  responsible  to  any  settled  and  well  defined  con- 
stituencies; and  many  members  were  citizens  of  other  states. 
mere  adyenturers,  who,  being  on  prospecting  tours,  found  time 
lo  take  part  in  the  first  organization.  On  the  eighth  day  of  the 
session,  charges  were  made  against  six  members  of  the  council 
for  want  of  citizenship,  and  one  for  being  a  minor,  leaving  six 
to  assume  valid  citizenship;  and  inasmuch  as  a  large  immigra- 
tion was  expected  before  another  election,  a  preamble  and  reso- 
lutions were  introduced  in  the  council  suggesting  a  general 
resignation  of  the  members  and  a  new  election. 

Closing  his  message,  the  governor  said: 

Having  the  fullest  confidence  in  your  wisdom,  integrity 
and  patriotism,  I  invoke  the  blessing'  of  the  Divine  Being 
upon  your  deliberations  and  look  forward  with  lively  an- 
ticipations for  the  result  of  this,  the  first  legislative  as- 
sembly of  the  Territory  of  Nebraska,  to  bring  honor  and 
prosperity  upon  her  people,  and  invite  our  friends  from 
abroad  to  come  in  and  share  with  us  the  blessings  of  a 
government  founded  upon  the  eternal  principles  of  popular 
sovereignty,  and  I  trust  that  you  will  always  find  in  me  a 
faith  lul  co-worker  in  seeking  to  effect  these  desirable 
objects. 

During  this  first  session  a  report  was  made  on  the  subject  of 
prohibiting  the  sale  of  intoxicating  liquors,  of  which  two  para- 
graphs will  show  the  drift  : 


TERRITORIAL    GOVERNORS.  L3 

That  in  their  opinion,  where  the  people  are  prepared 
and  public  sentiment  sufficiently  in  favor  of  a  prohibitory 
law  to  fully  sustain  and  enforce  it,  such  a  law  would  be  pro- 
ductive of  the  best  results  to  the  community.  *  *  *  As 
much,  however,  as  we  may  be  in  favor  of  a  prohibitory  law, 
\intil  the  community  by  petition  or  otherwise,  may  fully 
manifest  their  determination  to  sustain  such  a  law,  it  would 
be  idle   to  enact  it. 

The  house  of  representatives  having  passed  a  bill  excluding 
free  negroes  from  obtaining  a  settlement  in  the  territory,  it 
was  finally  indefinitely  postponed  in  the  council  by  a  vote  of 
7  against  4.  On  the  19th  day  of  December,  1855,  Governor  Izard 
delivered  his  second  message1  to  the  legislature,  and  as  the  facts 
of  history  were  few,  and  the  realms  of  fiction  unbounded,  he 
dealt  in  the  imaginary  creations  of  the  present  and  the  gorgeous 
realizations  of  the  future.  The  infant  territory  was  prosperous, 
the  early  organization  was  of  bold  and  energetic  measures,  the 
principles  of  "popular  sovereignty"  vindicated,  the  people 
happy  in  a  degree  heretofore  unexampled,  while  towns  and 
cities  were  springing  up  as  if  by  magic.  The  capitol,  for  which 
he  had  projected  the  plans,  and  which  were  worked  out  in  detail 
by  the  accomplished  architect  of  St.  Louis,  William  Rumbold, 
would  be  the  most  imposing  of  buildings,  and  would  be  copied 
by  Kansas,  and  admired  by  all  master  builders  visiting  the  Ter- 
ritory. The  territorial  road  westward  to  Kearney  would  be  the 
forerunner  of  the  Pacific  railway;  and  the  completion  of  the 
surveys  of  government  lands  would  supercede  the  term  "squat- 
ter" and  we  become  sovereigns  of  the  soil.  Special  attention 
being  given  to  the  ordinary  wants  of  the  new  community,  and 
a  highly  colored  portrait  drawn  of  our  enterprising  and  intelli- 
gent and  patriotic  neighbors  of  the  Pacific  slope,  he  promised 
hearty  co-operation  with  the  new  legislature,  and  invoked  upon 
them  the  guidance  of  Divine  Providence. 

One  of  the  most  notable  acts  of  the  body  was  the  adoption  of 
the  report  of  the  committee  on  codification  of  laws,  and  an  effori 
to  arrPst  the  ocean  tide  of  divorce  applicants  and  to  refer  them 


Council  Journal,  2nd  session,  5-15. 


II  NEBRASKA    STATE    EISTORICAL   SOCIETY. 

exclusively  to  the  courts,  became  a  pressing  necessity.  The  end 
of  the  second  legislative  year  found  ;i  network  of  corporations, 
nnd  the  towu  site  plats  in  universal  existence.  On  the  6th  of 
January,  ls.~>7.  Governor  Izard  came  i<>  the  fronl  with  his  1;isi 
message,1  bu1  be  came  up  smiling,  and  his  voice  attuned  to 
strains  of  congratulations.  While  Kansas  had  been  desolated 
by  pillage  and  her  people  murdered,  Nebraska  had  been  at 
peace: 

When  we  reflect  thai  but  two  short  years  have  passed 
since  Nebraska  was  a  vast  uncultivated  and  unsettled  region, 
with  scarcely  a  mark  to  indicate  that  civilization  had  readied 
its  herders,  its  present  condition  almost  startles  us  with  a 
conviction  that  the  hand  of  magic,  rather  than  enterprise  of 
the  pioneer,  lias  wrought  the  change.  ^Ve  can  boast  of  a 
population  of  more  than  15, (ion  intelligent,  orderly  and 
energetic  citizens,  who  may  challenge  comparison  with  those 
of  any  State  or  Territory  in  the  Union,  of  flourishing  towns 
and  prosperous  cities,  with  their  broad  and  beautiful 
prairies,  being  thickly  dotted  with  comfortable  farm  houses 
and  well  cultivated  fields,  yielding  their  rich  treasures  to 
the  hand  of  peaceful  industry,  and  with  handsome  church 
edifices,  well  regulated  schools  and  busy  streets.  The  ap- 
preciation of  property  has  far  exceeded  the  expectations  of 
the  most  sanguine.  Business  lots  upon  streets  where  the 
wild  grass  still  flourishes  are  readily  commanding  from 
$500  to  $3,000  each,  and  land  adjacent  to  our  most  pros- 
perous low  ns  commanding  from  $50  to  $400  per  acre. 

In  the  election  of  -lames  Buchanan  to  the  presidency  (which 

preceded  tlie  great  internal  war),  he  saw  an  evidence  that  the 
slavery  agitation  was  settled  forever,  and  exclaimed: 

Preparatory  to  Hie  reception  of  the  immense  tide  of 
immigration  and  wealth  that  is  destined  to  flow  into  our  Ter- 
ritory at  the  opening  of  spring,  from  all  sections  of  the 
country,  it  is  our  duty  that  you  will  adopt,  at  an  early  day. 
a  wise  ami  judicious  system  of  legislation  for  the  security 
of  persons  and  property. 

The    value    of    education,   common     and    collegiate,    received 
marked  and  extended  attention,  and  the  duty  of  memorializing 


Council  Journal.  :5r<!  session.  12-20. 


TERRITORIAL    GOVERNORS.  15 

Congress  for  grants  of  land  for  those  purposes  was  vigorously 
pressed. 

Reiterating  many  former  recommendations,  lie  closed  his  of- 
ficial communication: 

In  conclusion  I  cannot  too  earnestly  exhort  you  to  cul- 
tivate a  spirit  of  harmony  and  conciliation  in  your  councils, 
and  I  trust  that  under  the  wise  direction  of  an  overruling 
Providence,  the  result  of  your  deliberation  may  be  such  as 
will  best  promote  the  future  growth  and  prosperity  of  our 
young-  and  rising  community. 

Following  the  message  in  hot  haste  came  a  resolution  for  a 
committee  on  removal  of  the  capitol,  which  in  two  days  there- 
after, reported  in  favor  of  the  measure,  which  passed  the  legis- 
lature and  in  due  time  was  vetoed  by  the  governor.  The  insinu- 
ations of  undue  influences  in  the  original  location  at  Omaha 
were  offset  by  the  following  language  of  the  veto  measure:1 

It  is  not  pretended  that  a  single  house,  or  even  sod  shanty 
has  been  erected  on  the  site  of  the  proposed  capital,  or  in 
the  vicinity.  It  appears  to  be  a  floating  town,  not  only 
without  a  location,  but  without  inhabitants. 

In  regard  to  banks  and  banking  a  committee  used  the  follow- 


.— 


ing: 


We  have  now  six  banks;  add  six  more  and  we  have  twelve, 
a  bank  for  every  thousand  inhabitants.  Who  are  the  men 
who  are  asking  for  these  charters?  Are  they  sovereign 
squatters  of  Nebraska?  Not  at  all.  Most,  if  not  all  of 
the  leading  men  are  from  other  states,  who  would  be  very 
much  obliged  to  us  now  to  legislate  to  them  the  opportunity 
of  filling  our  pockets  with  their  bills,  but  who  would  laugh 
us  to  scorn  when  they  had  our  gold  and  our  property  in 
their  possession. 

The  bill  to  incorporate  the  extra  six  met  with  the  executive 
veto  and  failed  to  become  a  law.  The  committee  to  whom  was 
referred  so  much  of  the  governor's  message  as  related  to  the 
election  of  President  Buchanan,  reported: 

That  while  we  have  no  objection  to  the  election  of  .lames 
Buchanan,  yet  they  cannot  see  that  the  rights  of  the  South 


Council  Journal,  3rd  session,  4ti-ts. 


lti  nkiskaska   STATE   HISTORICAL  SOCIETY. 

are  more  secure  than  if  John  C.  Fremonl  had  been  the 
fortunate  candidate,  neither  do  Ave  think  that  it  will  be  for 
the  interests  of  the  South  that  her  peculiar  institution 
should  be  secured  to  her.  Seeing  that  with  them,  and  all 
her  superior  natural  advantages,  a  blight  hang's  over  and 
eventually  cripples  and   enervates  all   her  energies. 

His  last  veto1  arrested  a  bill  entitled,  "An  act  to  repeal  all 
criminal  laws  passed  at  the  first  session  of  the  legislative  as- 
sembly." which  was  finally  passed  over  the  veto,  and  before  the 
convening  of  the  legislature,  December  9th,  1857,  Thomas  B. 
Cuming  was  again  acting-governor,  due  notice  of  which  has 
already  been  taken  in  the  section  concerning  him.2 


Council  Journal,  3rd  session,  158-159. 
-  Sec  page  3. 


TERRITORIAL   GOVERNORS.  17 


GOVERNOR  WILLIAM  A.  RICHARDSON. 

Jan.    10    to    Dec.    5,    1858. 

In  the  Directory  of  Congress  the  following  appears: 

William  A.  Richardson  was  born  in  Fayette  County,  Ken- 
tucky: graduated  at  the  Translyvania  University;  studied 
law  and  came  to  the  bar  before  attaining-  his  twentieth 
year.  He  soon  settled  in  Illinois,  and  in  1835,  he  was  elected 
state  attorney:  in  1836  he  was  elected  a  member  of  the 
legislature:  in  1838  he  was  elected  to  the  state  senate,  and 
again  in  1S44  he  was  elected  to  the  legislature  and  made 
speaker  of  the  House.  He  was  chosen  a  presidential  elector 
in  1S44.  In  1846  he  served  as  captain  in  the  Mexican  war, 
and  on  the  battlefield  of  Buena  Vista  was  promoted  by  the 
unanimous  vote  of  his  regiment;  in  1*47  was  elected  a  repre- 
sentative to  Congress  from  Illinois  where  he  continued  to 
serve  by  re-election  until  1856.  when  he  resigned.  In  1857 
he  was  appointed  by  President  Buchanan,  governor  of  Ne- 
braska, which  position  he  resigned  in  1858;  in  1860,  he  was, 
against  his  consent,  re-elected  to  the  house  of  representa- 
tives, but  before  the  expiration  of  his  term  in  1861,  was 
chosen  a  senator  in  Congress  from  Illinois,  for  the  un- 
expired term  of  his  friend,  S.  A.  Douglas,  serving  on  the 
committee  on  territories  and  the  committee  on  District  of 
Columbia. 

From  the  legislative  records  it  appears  that  Gov.  W.  A.  Rich- 
ardson assumed  the  duties  of  bis  office  on  or  about  the  12th  day 
of  January,  1858,  at  which  time  he  was  called  upon  to  recog- 
nize the  action  of  the  majority  of  the  legislature  then  in  session 
at  Florence,  to  which  place  they  had  seceded  from  Omaha.  <  >n 
the  ground  that  Omaha  was  the  seat  of  government  for  the  ter- 
ritory, their  request  was  promptly  refused,1  while  the  minority 
adjourned  the  legislature,  on  January  16,  1858,  four  days  after 
bis  accession  to  power.  Inasmuch  as  all  criminal  laws  bad  been 
repealed,  and  a  great  legal  confusion  existed,  an  extra  session 
convened  on  the  23d  of  September.  1858,  and  a  regular  one  or- 

J  Council  Journal,  4th  session,  146-148. 
3 


18  NEBRASKA  STATE   HISTOIUCAL   SOCIETY. 

dered  by  law  to  follow  it  beginning  October  4th,  1858.  One 
brief  message1  sufficed  for  both  sessions  and  also  announced 
the  fact  of  the  governor's  resignation  of  his  office.  As  a  justi- 
fication for  a  special  session  he  said: 

The  only  law  under  which  crime  can  be  punished  in  this 
Territory  is  the  common  law  of  England.  All  other  criminal 
laws  have  been  abolished  by  a  previous  legislature.  The 
common  law  of  England  is  so  uncertain  and  doubtful  in 
reference  to  every  proceeding"  and  offense  and  its  punish- 
ment, that  every  point  will  have  to  be  adjudicated  before 
the  courts  can  tell  what  the  law  is. 

* 

As  reported  the  territorial  indebtedness  was  $15,774,  and  it 
was  said  that  only  five  counties  had  paid  a  part  of  their  taxes, 
also  that  banks  had  failed  to  redeem  their  notes  and  should  be 
■dealt  with  accordingly,  and  that  Congress  should  be  memorial- 
ized in  aid  of  roads  and  bridges  and  general  improvements.  In 
a  burst  of  enthusiasm  never  yet  justified,  he  fancied  a  new  El- 
dorado of  gold  at  Cherry  Creek  and  Laramie  Peak,  that  ''should 
give  an  impetus  to  every  branch  of  industry,  and  eventually 
make  the  great  valley  of  the  Missouri  not  only  the  garden  but 
the  cei.  val  money  power  of  the  Union."  In  imagination  his 
■ears  caught  the  thundering  Union  Pacific  trains,  and  his  eyes 
were  gladdened  by  the  world's  commerce  gliding  from  ocean  to 
ocean.  But  he  is  entitled  to  utter  in  glowing  rhetoric  impres- 
sions of  the  future: 

Nebraska  occupies  a  position  in  the  very  heart  of  this 
•great  republic,  and  as  she  is  now  the  geographical  center 
of  the  Union,  so  shall  she  soon  become  the  commercial. 
Standing  as  we  do  midway  between  the  Atlantic  and  Pacific, 
where  the  wealth  and  commerce  of  both  oceans  shall  pay 
tribute  to  our  people,  their  wealth,  their  advancement,  and 
their  power  is  inevitable.  With  a  soil  unsurpassed  in  fer- 
tility, and  a  climate  whose  healthful  influences  are  admitted 
by  all,  settled  by  a  class  of  people  whose  industry,  enter- 
prise, and  intelligence  is  fast  converting  the  wilderness  into 
a  garden,  who  shall  dare  portray  the  fullness  and  prosperity 
of  that  splendid  destiny  which  is  reserved  for  the  future 
State  of  Nebraska.     *     *     * 


1  Council  Journal,  5th  session  (containing  also  journal  of  special  M-ssion  i,  12-15. 


TERRITORIAL   GOVERNORS.  19 

Having  resigned  the  place  1  now  occupy,  my  official  con- 
nection with  you  will  soon  cease;  I  can  therefore  have  no 
interest,  no  wish  and  no  inclination  to  enter  into  any  local 
agitation.  But  upon  the  other  hand,  I  wish  in  some  degree 
to  contribute  to  the  advancement  and  improvement  of  the 
Territory.  I  shall  recur  with  pleasure  to  the  many  kind- 
nesses of  the  people  of  the  Territory  towards  me,  and 
carry  with  me  the  recollection  that  I  have  endeavored  faith- 
fully to  promote  the  public  welfare.  In  conclusion  permit 
me,  to  urge  you,  gentlemen,  to  discard  all  local  feelings,  all 
jealousies,  and  unite  where  interests  are  the  same  and  where 
opinions  cannot  be  divided,  in  passing  laws  so  necessary 
for  the  interests  of  those  you  represent.  I  hope  peace, 
concord,  and  harmony  may  characterize  your  deliberations; 
and  that  you  may  so  discharge  your  duties  as  to  merit  and 
receive  the  approval  of  your  constituents  after  your  labors 
shall  have  been  completed. 

The  following  report1  is  a  flattering  testimonial  of  apprecia- 
tion and  esteem: 

Your  committee  to  whom  was  referred  so  much  of  the 
governor's  message  as  relates  to  the  resignation  of  his  office, 
beg  leave  to  respectfully  report:  Governor  Richardson 
arrived  in  Nebraska  on  the  10th  day  of  January  last,  in  the 
midst  of  the  most  violent  contest  this  Territory  ever  wit- 
nessed. He  came  here  under  an  appointment  of  the  general 
government,  most  fit  to  be  made.  He  had  stood  up  in 
the  Congress  of  the  United  States,  one  of  the  foremost 
champions  of  that  principle  which  asserts  and  vindicates 
the  ability  of  the  American  citizen,  whether  a  resident  of 
the  older  or  newer  settlement  of  the  country,  to  govern 
himself.  The  champion,  the  eloquent,  powerful  cham- 
pion of  natural  rights  of  the  people  of  Nebraska,  most 
fit  was  it  that  he  should  be  set  over  them  as  their  gov- 
ernor. He  came  welcomed  by  the  warmest  enthusiasm  of 
the  people  of  the  Territory.  They  felt,  as  they  had 
abundant  reason  to  feel,  most  grateful  that  a  man  of  his 
reputation,  which  was  national;  of  his  abilities,  which,  in 
the  then  present  exigencies  of  public  affairs,  were  needed 
for  the  public  good;  of  his  connection,  so  intimate  and  so 
honorable,  with  their  first  history,  should  be  sent  among 
them.  Open  arms,  warm  hearts,  welcomed  him  to  this  Ter- 
ritory. He  has  served  us  for  nearly  a  year;  all  his  wisdom, 
all  his  best  efforts,  have  been  ours;  no  personal  feeling, 
ambition   or   pride,   have    ever   swayed   him.      Patriotism,    a 


'Council  Journal,  5th  session,  214:  made  by  W.  E.  Moore,  Nov.  1.  1858. 


2(1  NEBRASKA    STATE    HISTORICAL  SOCIETY. 

generous  regard  for  the  highest  public  good,  have 
characterized  liis  administration.  The  Territory  of  Ne- 
braska  stands  today  on  a  moral  and  Legal  position  Ear 
higher,  more  honorable,  than  ever  before.  We  have  now 
a  complete,  wise,  and  well  reyulaled  system  of  laws;  indi- 
vidual and  public  rights  can.  and  henceforth  will  be  vindi- 
cated and  wrongs  punished.  For  all  this,  how  largely  are 
we  indebted  to  Governor  Richardson,  to  his  wholesome 
and  timely  advice  and  direction,  lie  i^oes  from  our  midst 
carrying  the  sincere  regrets  of  every  class  of  our  citizens, 
thai  the  pleasant  and  useful  public  and  private  relations 
which  he  has  in  so  short  a  time  so  firmly  established,  are 
to  be  severed  amid  all  the  shifting  scenes  of  life.  He  will 
carry  with  him  the  gratitude  of  this  whole  people  for  the 
great  good  he  has  done  us  and  our  posterity,  and  our 
hearty  wishes  foi  his  prosperity  and  welfare,  will  attend 
li i in    in   all   time  to  come. 

The  governor's  expose  of  the  territorial  banks  was  amply  sus- 
tained by  a  minority  report  of  a  committee,  recommending  the 
repeal  of  four  of  their  charters,  while  the  majority  suggested  the 
repeal  of  all,  unless  their  cases  were  to  receive  the  attention  of. 
the  courts. 


TERRITORIAL   GOVERNORS.  21 


ACTING  GOVERNOR  HON.  J.  STERLING  MORTON. 
Dec.  5,  1858  to  May  2,  1859,  and  Feb.  24  to  May  15,  1861. 

Hon.  J.  Sterling  Morton1  came  to  Bellevue,  Nebraska  Ter- 
ritory, November  10,  1854,  and  on  April  12,  1855,  removed  to 
Nebraska  City,  where  he  established  his  permanent  home. 

By  the  appointment  of  President  Buchanan  he  became  secre- 
tary of  the  Territory  July  12,  1858;  which  office  he  held  until 
succeeded  by  A.  S.  Paddock,  under  the  administration  of  Abra- 
ham Lincoln.  At  the  date  of  his  arrival,  he  was  only  twenty- 
two  years  of  age,  having  been  born  in  1832.  No  young  man 
ever  came  to  the  territory  better  prepared  for  a  useful  and  hon- 
orable career.  Having  enjoyed  the  advantages  of  Michigan 
University,  and  having  received  his  final  diploma  from  Union 
College,  New  York,  and  being  endowed  with  a  fine  command 
of  language,  with  the  fancy  of  a  picturesque  writer,  and  the 
aggressive  style  of  the  ready  debater  and  orator,  journalism 
and  politics  offered  inducements  in  the  line  of  his  capabilities 
and  taste. 

But  these  acquisitions  and  natural  endowments  were  forti- 
fied, directed,  and  restrained  by  sound  morals,  high  sense  of 
honor  and  that  chivalric  bearing  that  charms  society  and  makes 
home  happy.  As  a  writer  on  the  Detroit  Free  Press  and  Chicago 
Times,  his  contributions  were  highly  prized,  while  before  his  ap- 
pointment as  Secretary,  he  was  editor  of  the  Nebraska  City 
News,  and  in  1855  elected  to  the  legislature.  During  the  ses- 
sion he  attempted  to  stem  the  tide  of  wildcat  banking,  which 
resulted  in  his  defeat  in  the  election  of  1850.  This  was  a  source 
of  regret  on  the  part  of  many  new  made  friends;  but  the  Board 
of  Regents,  members  of  the  faculty,  and  many  students  of  the 
Michigan  University,  could  have  said,  "I  told  you  so";  for  I  re- 


■Abner  Morton  emigrated  from  St.  Albans.  Vt..  to  Jefferson  County,  X.  V..  about 
1816.  His  son,  Joseph  D.  Morton,  emigrated  from  X.  Y.  to  Michigan  in  1834.  Julius 
Sterling  Morton,  son  of  Joseph  D..  was  born  in  Jefferson  County,  X.  Y..  April  22,  1- 


22  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

member  how  the  boy  stood  by  an  excommunicated  professor  in 
the  college,  denounced  all  in  authority,  and  chose  expulsion 
rather  than  sacrifice  a  single  conviction.  In  1857  he  was  again 
elected  to  the  legislature  and  saw  at  once  in  exploded  banks 
and  a  defrauded  people,  evidence  of  the  wisdom  of  his  unre- 
lenting opposition  to  the  issue  of  an  inflated,  irredeemable  paper 
currency  of  1855. 

In  1SG0  he  was  democratic  candidate  for  delegate  to  Congress 
against  Samuel  G.  Daily,  republican,  and  inasmuch  as  the  Bu- 
chanan administration  with  which  he  was  connected,  stood 
charged  with  being  the  hot  bed  of  treason,  and  his  party  the 
home  of  traitors,  in  the  hour  of  national  peril  no  explanation 
or  protestation  could  prevail.  Even  Douglas  democrats  who 
approved  Mr.  Lincoln's  war  policy,  could  not  receive  absolution,, 
unless  the  name  of  democrat  was  discarded  for  that  of  republi- 
can. But  after  the  storm  passed  over,  Mr.  Blaine,  a  republican 
historian,  declared  no  man  would  have  lamented  over  a  des- 
troyed Union  more  than  President  Buchanan.  In  this  cam- 
paign, joint  discussions  were  held  by  the  rival  candidates, 
thousands  of  miles  traveled,  a  few  voters  addressed  and  cabins 
and  dug-outs  transformed  into  opera  houses  and  hotels,  with 
the  open  prairies  as  an  annex.  No  railroads  or  turnpikes  or 
canals  aided  in  travel,  but  private  vehicles  struggled  through 
the  grass,  marshes  and  quicksands,  furnishing  opportunities  for 
walking,  wrading  and  swimming.  Patriotism  was  retailed  at 
a  premium,  eloquence  lavished  in  profusion.  Yet  only  5,900 
votes  were  returned,  of  which  a  majority  of  fourteen  were 
awarded  Mr.  Morton,  but  afterwards  lost  by  a  contest  in  Con- 
gress.1 

Six  years  thereafter,  in  1866,  we  find  him  a  candidate  for  first 
governor  of  the  new  state,  against  David  Butler,   republican. 
Public  arguments,  for  speedy  admission  as  a  state,  were  used  by 
republicans,  to  the  effect  that  the  best  government  lands  were 
being  taken  by  settlement,  and  in  a  few  years  a  new  state  would 
have  to  receive  an  inferior  grade  as  her  donation  for  education 
and  internal  improvement  purposes;  that  the  Territory  could 
Pages  90  99. 


TERRITORIAL   GOVERNORS.  23 

not  draw  capital  to  it  as  readily  as  a  state  could;  and  that  the 
salaries  named  in  the  constitution  to  be  voted  upon,  were  so 
small  the  people  could  meet  them  without  oppressive  taxation, 
on  account  of  the  enhanced  value  of  property. 

To  which  it  was  replied  that  the  national  domain  was  inex- 
haustible, the  salaries  delusively  low,  and  increased  prosperity 
would  demand  corresponding  expense.  Republicans  were  influ- 
enced privately  by  the  consideration  that  they  were  now  in  a 
majority,  and  state  and  national  patronage  would  be  dispensed 
in  their  behalf.  But  democrats  hoped  that  enough  conservative 
republicans,  sustaining  the  policy  of  Andrew  Johnson,  could  by 
union  with  them  capture  the  state  and  national  offices,  with  a 
few  years'  delay.  Accordingly,  when  they  voted  for  Mr.  Morton, 
many  also  voted  against  state  admission,  but  the  returns  finally 
gave  Butler  a  majority  of  145,  and  state  admission  a  majority 
of  100. 

At  the  first  election  of  United  States  senators,  Mr.  Morton 
was  a  democratic  candidate,  receiving  the  full  party  vote,  as 
against  T.  W.  Tipton,  republican.  Sixteen  years  thereafter,  in 
1882,  when  the  vote  had  increased  from  8,041  in  1860,  to  87,345 
in  1880,  Mr.  Morton  was  again  put  forward  by  his  party  as  a 
candidate  for  governor  against  James  W.  Dawes.  In  this  con- 
test a  majority  of  the  votes  were  given  to  Mr.  Morton  and  Mr. 
Ingersol;  but  Mr.  Dawes,  having  more  than  either  of  the  others, 
was  elected.  Again  in  1884,  Mr.  Morton  and  Mr.  Dawes  were  op- 
posing candidates,  while  Mr.  Morton  increased  his  vote  over  that 
of  two  years  previous  from  28,562  to  57,634,  and  Mr.  Dawes  raised 
his  from  43,495  to  72,835  and  was  again  elected.  In  1892,  he  once 
more  carried  the  minority  party's  banner,  in  a  contest  for  gov- 
ernor, and  returning  it  unsullied,  re-entered  the  democratic 
ranks. 

Often  called  upon  to  act  in  the  capacity  of  governor,  during 
the  absence  of  that  official,  and  at  one  time  for  six  months  con- 
tinuously, following  the  resignation  of  Richardson,  he  met  the 
emergencies  with  promptness  and  efficiency.  In  1859,  on  ac- 
count of  the  attack  of  the  Pawnee  Indians  upon  the  persons  and 
property  of  citizens  of  Dodge  and  Cuming  counties,  he  called 


o 


24  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

upon  Colonel  Charles  May,  commander  at  Ft.  Kearney,  for  aid 
in  the  shape  of  cavalry.1  As  a  result  of  rhis  appeal  Lieutenant 
Robertson,  U.  S.  Army,  Comd'g  2nd  Dragoons,  joined  the  com- 
mand under  Gen']  Thayer,  which  was  accompanied  by  Gov. 
Black  and  stall',  and  overtaking  the  Indians  in  camp,  received 
their  surrender,  the  delivery  up  of  seven  of  their  young  men, 
ami  pledges  of  future  good  conduct. 

In  September  of  the  same  year,  1859,  Secretary  Morton  deliv- 
ered the  address  at  the  Agricultural  Fair,  Nebraska  City,  which 
was  incorporated  with  the  first  annual  report  of  the  state  soci- 
ety and  entered  upon  the  legislative  records.  No  other  citizen 
could  have  given  such  a  sketch  of  the  first  five  years  of  terri- 
torial life;  and  at  no  other  place  and  time  could  the  intellectual 
photograph  have  been  pictured.  Without  agricultural  data  on 
which  to  draw,  the  task  of  "brick  without  straw"  was  re-en- 
acted; and  the  address  comes  forth  to-day,  from  the  tomb  of 
official  documents  as  history  embalmed  in  sparkling  garniture. 
We  claim  it  as  a  Nebraska  classic,  and  have  only  one  fear  of  our 
proprietary  right  being  disputed.  This  arises  from  the  fact  that 
the  young  orator  emigrated  from  the  state  of  Michigan,  whose 
Professor,  Moses  Coit  Tyler,  in  his  history  of  "American  Lit- 
erature," declared  that  England  had  a  claim  to  our  early  Pil- 
grim literature,  inasmuch  as  "an  Englishman  undergoes  no 
literary  evolution  by  sitting  down  to  write  in  America  instead 
of  England."  We  set  forth  in  our  demurrer,  that  the  Pilgrim 
eloquence  was  couched  in  ancient  forms,  while  ours  revelled  iu 
the  freedom  and  independence  of  impulses  unchained,  thoughts 
exuberant,  and  fancies  born  of  a  future  of  incomprehensible 
splendor. 

In  introducing  him,  Robert  W.  Furnas,  president  of  the  ter- 
ritorial board  of  agriculture,  said: 

Ladies  and  Gentlemen:  I  congratulate  the  Nebraska  Ter- 
ritorial Board  of  Agriculture,  and  others  who  honor  us  with 
their  presence  and  aid   on  tliis  first  effort  made  to  hold  an 

'  Nebr.  State  Hist.  Soc.  Pub.,  first  series,  II.,  194-196,  181-185;  III.,  279-28G.  At  II., 
L94-196,  may  be  found  copies  of  a  petition  t<>  Secretary  Morton,  the  letter  of  Secretary 
Morton  to  Col.  May,  a  reply  by  Lieut.  William  (!.  Gill,  and  a  list  of  the  officers  in  the 
expedition. 


T.   STERLING    MORTON,    1S5S. 


TERRITORIAL    GOVERNORS.  .     1>5 

Agricultural  Fair  west  of  the  Missouri  River.  While  it 
may  be  said  of  those  who  have  ventured  into  this  "western 
wild,"  we  are  a  feeble  folk  in  most  respects;  we  are, 
nevertheless,  enthused  with  "western  pluck*'  and  have  "de- 
clared intentions"  to  carve  out  of  this  "New  West"  homes 
for  ourselves  as  well  as  for  those  who  are  to  come  after 
us.  This  first  effort  to  present  "products  and  resources" 
is  a  striking  evidence  of  this.  That  there  is  a  promised 
future  for  agriculture  in  Nebraska,  and  that  not  in  the 
"far  distance"  we  have  abiding  faith. 

It  affords  me  pleasure  to  introduce  as  an  orator  of  the 
day  one  of  the  earliest  of  pioneers;  a  young  man  who  has 
given  much  thought  to  the  future  possibilities  of  a  region 
known  until  a  recent  date  only  as  the  Great  American 
Desert.  He  will  address  you  from  the  improvised  rostrum- 
platform,  a  farm  wagon,  placed  in  the  shade  of  this 
native  oak  tree.  I  ask  for  him  your  careful  and  considerate 
attention. 

The  address  of  Mr.  Morton  was  as  follows: 

Mr.  President  and  Gentlemen:  Called  upon  to  address 
you,  the  farmers  of  Nebraska,  you,  whose  calling  I  so  much 
honor  and  love,  I  was  flattered,  and  in  a  moment  of  self- 
reliant  enthusiasm,  I  accepted  the  call  and  have  undertaken 
the  duty  which   it  imposes. 

It  had  been  my  intention  at  first  thought  to  gather 
together  accurate  and  reliable  statistics  concerning  the 
agricultural  interests  and  capacities  of  the  Territory;  but 
having  made  a  trial  at  collecting  data  of  that  description, 
I  have  given  it  up  as  impracticable  from  the  fact  that 
no  regular  accounts  or  correct  statements  relative  to  the 
products  and  exports  have  been  kept  in  any  county  in  the 
Territory.  Even  the  returns  of  the  assessors  of  taxes  in 
the  various  counties  as  sent  up  to  the  auditor  of  the  Ter- 
ritory are  very  inaccurate  and  convey  no  well  defined  idea 
of  the  amount  of  land  in  cultivation,  nor  any  information 
upon  which  a  reliable  estimate  of  the  capital  employed  in 
agriculture  can  be  based.  I  have,  then,  only  my  own 
observation,  dating  from  November,  1854,  together  with  a 
somewhat  limited  experience,  to  draw  upon  and  can  assure 
you  that  such  information  is  far  less  satisfactory  to  me 
(and  probably  will  be  to  you)  than  statistical  facts  and 
figures.  But  such  knowledge  as  I  have  concerning  the 
beginning  and  the  success  of  farming  in  this  territory,  I 
give  to  you  with  pleasure. 


2<J  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

The  Indian  title  to  the  Omaha  and  Otoe  lands,  which 
comprised  respectively  the  land  lying  along-  the  Missouri 
River,  north  of  the  Great  Platte,  and  that  similarly  situated 
south  of  the  last  mentioned  stream,  was  not  extinguished 
until  late  in  the  spring  of  1854,  and  the  Kansas-Nebraska 
bill  did  not  pass  the  House  of  Representatives  until  the  24th 
of  May  of  the  same  year,  so  that  the  season  was  too  far 
advanced  for  the  emigrants  of  that  summer  to  put  in  crops, 
except  in  a  very  few  instances,  and  I  think  it  safe 
to  say  that  not  more  than  a  single  section  of  land  was 
tilled  in  the  whole  Territorvr  of  Nebraska  in  1854;  in  fact, 
the  only  considerable  patches  of  corn  that  I  remember 
seeing  that  fall  were  raised  by  the  Mission  of  Bellevue,  and 
by  the  town  proprietors  of  Nebraska  City  on  the  town 
site.  I  remember  that  we  commenced  the  winter  of  1S54-W>, 
a  little  colony  of  hopeful  boarders,  purchasing-  everything 
that  we  ate,  and  even  feed  for  our  horses  and  cattle  in  the 
neighboring  states  of  Iowa  and  Missouri,  and  they,  even, 
had  very  little  to  spare. 

The  winter  was  exceedingly  mild  and  with  the  early 
spring-time  came  the  farmers  with  their  breaking-  teams 
and  the  big  plows,  and  the  sturdy  hand  of  industry  was 
for  the  first  time  browsing  in  the  sunlight  that  gladdened 
the  beautiful  prairies  of  our  new  found  homes.  Yet  what 
did  they  know  of  the  rich  soil  of  this  untried  land?  Its 
productiveness  was  to  them  an  unsealed  book".  No  human 
test  had  ever  demonstrated  their  worth,  and  yet  the  farmer 
turned  the  heavy  sod  and  planted  his  corn  for  the  first 
time,  with  an  abiding  faith  that  his  labors  would  be  re- 
warded, that  his  all  that  he  had  invested  in  the  experiment, 
would  be  returned  to  him  ten  fold,  and  that  his  wife  and 
little  ones  whose  very  lives  were  staked  upon  the  soil  and 
its  capacities,  would  be  fed,  clothed  and  cared  for  by  the 
generous  returns  of  the  earth.  The  man  who  builds  the 
first  house,  gathers  his  family  around  the  first  home  fire- 
side, and  plants  the  first  seed,  and  risks  his  all  upon  the 
first  crop,  in  a  country  whose  lands  have  been  forever 
untried,  and  upon  which  the  slumbers  of  barrenness  have 
rested  down  unnumbered  centuries,  must  needs  be  and  is 
braver  and  grander  in  his  heart  than  he  who  leads  an  army 
into  a  battle,  and  moves  unawed  amid  the  emissaries  of 
death  himself. 

The  spring  and  summer  of  1856  were  seasons  of  intense 
anxiety  to  the  first  tillers  of  the  soil,  but  the  harvest  sun 
shone  propitiously  and  the  benignant  rains  and  the  growth- 
giving  dews  were  plenteous,  and  when  the  autumn  came 
with    its   sere   and   yellow  leaves  the  great  experiment   had 


TERRITORIAL   GOVERNORS.  27 

been  successful;  and  to  the  questions:  "Can  Nebraska  ever 
be  settled  up?  Can  she  ever  sustain  any  considerable 
population?"  the  joyous  fields  of  golden  grain  nodded  an 
indisputable  affirmative,  and  gracefully  beckoned  the  weary 
emigrant  to  a  home  of  healthfulness  and  abundance.  The 
glad  tidings  of  our  success  in  agriculture  were  heralded 
far  and  near  through  the  medium  of  our  pioneer  press, 
and  a  new  impetus  was  thus  given  the  emigration  of  that 
fall  and  the  following  spring.  But  here  came  also  a  spirit 
of  evil  among  us,  a  spirit  of  reckless  speculation,  and  a 
seeking  for  some  new  method  to  acquire  wealth,  some 
method   which   required   neither   mental   nor   manual   labor. 

The  legislative  assembly  in  January,  1856,  deeming  it 
necessary  to  have  more  money  in  the  country,  had,  very 
unwisely,  concluded  that  the  creation  of  banks  of  issue, 
by  special  charter,  would  accomplish  that  much  desired 
object.  And  so  six  banks  were  created,  or  one  bank  for 
every  500  men  in  the  Territory,  and  each  bank  had  power 
to  issue  as  many  dollars  of  indebtedness  as  the  circum- 
stances of  its  individual  stock-holders  demanded  for  their 
own  pecuniary  necessities  or  ambitions.  And  what  were 
the  consequences?  Rag  money  was  plenty,  everybody  had 
credit,  and  it  was  no  heavy  undertaking  to  secure  discounts. 
Town  property,  though  very  plenty,  as  many,  very  many 
thousands  of  acres  of  land  had  been  planted  with  small  oak 
stakes,  were  not  so  amazingly  abundant  as  Fontenelle,  Ne- 
maha Valley  &  Western  Exchange  bank  bills,  and,  as  is 
always  the  case  in  commercial  matters,  the  scarcer  article 
went  up  in  price,  and  the  plentier  went  down;  that  is  to 
say,  money  was  plentier  than  town  lots,  and  consequently 
cheaper.  And  now  indeed  did  the  unsophisticated  and  en- 
thusiastic believe  that  the  method  of  making  without  either 
mental  or  manual  labor  had  most  certainly  been  invented 
and  patented  in  and  for  the  Territory  of  Nebraska.  So  far 
did  this  idea  diffuse  itself  throughout  the  community,  that 
it  reached  and  took  entire  possession  of  the  executive 
head  of  the  Territory,  insomuch,  that  in  a  message  to  the 
Legislative  Assembly  of  the  Territory,  Governor  Izard  men- 
tioned, as  an  evidence  of  our  flush  prosperity,  the  fact  that 
town  lots  had  advanced  in  price,  in  a  few  months,  from 
$300  to  $3,000,  apiece. 

Unfortunately  for  the  wise  constructors  of  those  patent 
mills  for  money  making,  there  was  no  reality  or  soundness 
in  the  prosperity  of  that  day.  It  did  not  arise,  as  all 
wealth  and  true  capital  must  arise,  from  that  great  sub- 
stratum of  prosperity  which  underlies  and  supports  the 
whole  civilized  world,  and  is  called  agricultural  development. 


28  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

Yet  the  popular  mind  w;iK  apparently  satisfied,  and  lulled 
itself  into  the  belief  that  the  honest  art  of  industry  and 
economy   belonged   t<>  a    former  generation,   and   that  here 

indeed  they  were  certainly  useless  and  obsolete.  Who  would 
bend  the  back,  nerve  the  arm  to  labor,  and  sweat  the  brow 
in  cultivating  the  soil,  when  by  the  aid  of  a  lithographer 
and  the  flatulent  adulation  of  some  ephemeral  newspaper, 
a  half  section  of  land  could  be  made  to  yield  three  thousand 
town  lots,  at  an  average  value,  prospectively,  of  one  hundred 
dollars  each?  Whom  could  we  expect  to  desert  the  elegant 
and  accomplished  avocation  of  city  founder  and  dealer  in 
real  estate,  for  the  arduous  and  homely  duties  of  the  . 
farmer?  We  acquired  great  velocity  and  speed,  in  fact 
became  a  surpassingly  "fast"  people.  We  aspired  at  once 
to  all  the  luxuries  and  refinements  of  older  and  better 
regulated  communities  in  the  East.  We  emerged  suddenly 
from  a  few  rough  hewn  squatters,  arrayed  in  buck-skin  and 
red  flannel,  to  a  young  nation  of  exquisite  land  sharks  and 
fancy  speculators  dressed  in  broad  cloths. 

The  greater  portion  of  the  summer  of  1856  was  consumed 
in  talking  and  meditating  upon  the  prospective  value  of 
city    property. 

Young  Chicagos,  increscent  New  Yorks,  precocious  Phila- 
delphias,  and  infant  Londons,  w-ere  duly  staked  out,  litho- 
graphed, divided  into  shares  and  puffed  with  becoming 
miction  and  complaisance.  The  mere  mention  of  using  such 
valuable  lands  for  the  purpose  of  agriculture,  was  con- 
sidered an  evidence  of  verdancy  wholly  unpardonable,  and 
entirely  sufficient  to  convict  a  person  of  old  fogyism  in  the 
first    degree. 

farms  were  sadly  neglected  in  the  summer  of  1S56,  and 
there  were  not  as  many  acres  planted  that  season,  in  pro- 
portion to  the  population,  as  there  were  the  year  before, 
but  the  crop  of  town  plats,  town  shares,  town  lots,  and 
Nebraska  bank  notes,  was  most  astonishingly  abundant. 
We  were  then  very  gay  people;  we  carried  a  great  number 
of  very  large  gold  watches  and  ponderous  fob  chains; 
sported  more  fancy  turn-outs,  hi  the  way  of  elegant  car- 
riages and  buggies;  could  point  to  more  lucky  and  shrewd 
fellow  citizens  who  had  made  a  hundred  thousand  dollars 
in  a  very  short  time;  could  afford  to  drink  more  cham- 
pagne, and  talk  and  feel  larger,  more  of  consequence,  and 
by  all  odds  richer  than  any  yearling  settlement  that  ever 
flourished  in  this  vast  and  fast  country  of  ours.  We  all 
felt  as  they  used  to  print  in  large  letters  on  every  new  town 
plat,  that  we  were  "located  adjacent  to  the  very  finest 
groves   of   timber,   surrounded   by   a   very   rich    agricultural 


TERRITORIAL    GOVERNORS.  29 

country,  in  prospective,  abundantly  supplied  with  building 
rock  of  the  finest  description,  beautifully  watered,  and 
possessing-  very  fine  indications  of  lead,  iron,  coal,  and  salt 
in  great  abundance."'  In  my  opinion  we  felt  richer,  better, 
more  millionairish  than  any  poor  deluded  mortals  ever  did 
before,  on  the  same  amount  of  moonshine  and  pluck. 

But  the  seasons  were  prompt*  in  their  returns,  and  the 
autumn  winds  came  then  as  they  are  coming  now,  and 
the  ripening  sunbeams  descended  upon  the  earth  as  they  do 
today:  but  the  fields  of  grain  that  they  wandered  and 
glistened  among  were  neither  as  many  nor  as  well  tilled 
as  they  should  have  been. 

The  fall  of  1S56  came  and  passed,  and  not  enough  had 
been  raised  to  half  supply  our  home  wants.  Town  lots  we 
could  neither  eat  nor  export;  the}'  were  at  once  too  ex- 
pensive for  food  and  too  delicate  for  a  foreign  market. 
.Ml  That  we  had  in  the  world  to  forward  to  the  Eastern 
marts  was  a  general  assortment  of  town  shares,  ferry 
charters,  and  propositions  for  receiving  money  and  land 
warrants  to  invest  or  locate  on  time.  The  balance  of  trade 
was  largely  against  us. 

We  were  now,  more  than  ever,  a  nation  of  boarders, 
eating  everything  eatable,  buying  everything  consumable, 
but  producing  absolutely  nothing. 

The  winter  of  1S56  and  '57  came,  and  the  first  and  second 
days  of  December  were  most  admonitory  and  fearful  har- 
bingers of  suffering;  they  came  like  messengers  of  wrath  to 
rebuke  the  people  for  the  folly,  the  thriftlessness,  and  ex- 
travagance of  the  summer  that  had  passed  unheeded  and 
unimproved.  The  storm  that  lashed  those  two  days  through 
and  ushered  in  the  terrible  life-taking  winter  of  that  year, 
will  never  be  forgotten  by  those  of  us  who  were  here  and 
experienced    it. 

The  legislative  assembly  commenced  in  January.  L857, 
and  again  were  the  wisdom  and  sagacity  of  Solon  and 
Lycurgus  called  into  active  service.  A  grand  rally  was 
had  for  the  purpose  of  raising  more  means  and  more  money 
by  legislative  legerdemain.  New  towns  were  incorporated 
and  new  shares  issued;  insurance  companies  were  chartered 
with  nothing  to  insure  and  nothing  to  insure  with:  and. 
finally,  another  nest  of  wild  cat  banks  was  set  for  hatching, 
it  having  been  deliberately  decided  that  the  easiest  wa\ 
to  make  money  was  through  the  agency  of  paper  mills,  en- 
gravers, and  the  autographs  of  fancy  financiers.  Xoi  less 
than  fifteen  new  banks  were  contemplated  and  projected. 
Preparations  were  thus  coolly  and  deliberately  mad.'  for 
issuing    evidence    of    debt,    amounting,    in     the    aggregate, 


30  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

to  millions  of  dollars,  and  a  confiding  .and  generous  public 
were  expected  to  i-eceive  them  as  money.  Fortunately  for 
you,  for  the  Territory,  for  your  reputation  for  sanity,  the 
great  infliction  was  escaped,  and  out  of  the  entire  number, 
De  Soto,  and  the  never  to  be  forgotten  Tekama,  were  all 
thai  ever  saw  the  light;  thus  this  second  attempt  to  legislate 
prosperity  into  the  country  by  the  manufacture  of  an  irre- 
sponsible  and  worthless  currency  failed  most  signally.  Its 
only  Eruits  have  been  seen  in  the  thousands  of  worthless 
pictures  which  have  the  impress  of  the  Tekama  bank,  and 
have  finally  exploded  in  the  pockets  of  the  merchants, 
mechanics,  and  farmers  of  this  territory,  and  thereby  de- 
frauded them  of  some  hundred  thousands  of  dollars  worth 
of  capital  and  labor. 

In  the  mid-summer  of  1S57,  while  credulous  men  were 
buying  town  lots  at  enormous  prices,  and  sapient  specu- 
lators were  anxiously  looking  up  enough  unoccupied  prairie 
land  to  uphold  a  few  more  unnamed  cities,  while  the  very 
shrewd  and  crafty  operators  in  real  estate  were  counting 
themselves  worth  as  many  thousand  dollars  as  they  owned 
town  lots — while  enthusiastic  seers  observed  with  prophetic 
eye  city  upon  city  arise,  and  peopled  with  teeming  thousands, 
while  the  public  pulse  was  at  fever  heat — when  the  old 
fogies  themselves  were  beginning  to  believe  in  the  new 
way  of  making  money  without  labor,  the  financial  horizon 
began  to  darken.  At  once  hope  whispered  that  it  was  only 
a  passing  cloud,  but  judgment  predicted  a  full  grown  storm. 
And  one  pleasant  day,  when  lots  were  high  and  town  shares 
numerous  and  marketable,  the  news  came  that  one. Thomp- 
son, John  Thompson,  had  failed,  and  also  that  the  hitherto 
invulnerable  Ohio  Life  &  Trust  Company  had  departed  its 
pecunious  and  opulent  existence. 

The  streets  in  cities  thereabout  were  occupied  by  knots 
and  groups  of  wise  and  anxious  men;  the  matter  was  fully 
and  thoroughly  discussed  and  it  was  generally  conceded 
that,  though  it  did  sprinkle  some,  it  probably  would  rain 
very  little,  if  any.  But  again  and  again  came  the  thunder- 
bolts, and  the  crash  of  banks,  and  the  wreck  of  merchants, 
and  the  fall  of  insurance  companies,  the  decline  of  railroad 
stocks,  the  depreciation  of  even  state  stocks,  and  finally  the 
depletion  of  the  National  Treasury.  The  quaking  of  the 
crcilit  of  all  the  monied  institutions,  in  fact,  of  the  govern- 
ments themselves,  of  both  the  old  and  the  new  world, 
demonstrated  beyond  a  doubt,  that  the  storm  had  indeed 
begun,  and  furthermore,  that  it  was  a  searching  and  testing 
storm. 

Just  as  in  your  own  farm  yards,  when  a  sudden  storm  of 


TERRITORIAL   GOVERNORS.  31 

rain,  lightning  and  tempest  has  broken  out  from  a  sky 
almost  all  sunshine,  you  have  seen  the  denizens  of  the 
pig-sty,  the  stables  and  the  poultry  coops,  run,  jump,  squeal, 
cackle,  neigh,  and  bellow  in  their  stampede  for  shelter;' 
so  vamosed  the  city  builders,  speculators,  bank  directors 
and  patent  cash  makers  of  Nebraska,  while  the  terrible 
financial  tornado  of  1857  swept  over  the  world  of  commerce. 

The  last  day  of  the  summer  of  1857  had  died  out  and  was 
numbered  upon  the  dial  plate  of  the  irrevocable  past.  The 
September  sun  had  come,  glittered,  warmed  and  ripened  and 
the  time  of  harvest  had  gone  by.  November,  cold,  cheerless 
and  stormy,  came  on  apace  and  whispered  in  chilling 
accents  of  the  approach  of  winter. 

It  became  the  duty  of  every  man  to  look  to  his  pecuniary 
condition  and  to  prepare  well  for  the  season  of  cold;  and 
the  examinations  then  made  by  you  and  all  of  us,  proved 
this:  they  proved  that  the  season  of  planting  in  1857,  like 
that  of  the  year  previous,  had  slipped  by  almost  unnoticed, 
and  unimproved  by  a  great  many  of  the  people  of  Nebraska. 
We  had  not  raised  enough  even  to  eat;  and  as  for  clothing, 
it  looked  as  though  nakedness  itself  would  stalk  abroad  in 
the  land.  . 

If  the  great  states  of  Illinois  and  Wisconsin  found  them- 
selves, that  fall,  in  an  almost  hopeless  bankruptcy,  what 
then  must  have  been  our  condition? 

The  irrepealable  law  of  commerce  which  declares  that, 
"whenever  the  supply  of  any  article  is  greater  than  the 
demand,  that  article  must  decline  in  market  value,"  was 
most  clearly  proven  in  Nebraska.  The  supply  of  town  lots, 
after  the  monstrous  monetary  panic  of  1857,  was  as  large 
as  ever.  There  was  at  least  one  million  of  town  lots,  in 
towns  along  the  Missouri  River,  between  the  Kansas  line 
and  the  L'Eau-qui-Court;  but  where  was  the  demand?  It  had 
ceased!  It  had  blown  away  in  the  great  storm,  or  been 
crushed  out  in  the  great  pressure.  We  had  nothing  else  to 
offer  for  sale,  except  real  estate,  and  even  that  of  very 
doubtful  character.  We  were  yet  a  colony  of  consumers; 
we  were  worse  off  than  ever;  we  were  a  nation  of  boarders, 
and  had  nothing  to  pay  board  with,  and  very  little 
valuable  baggage  to  pawn  for  the  same.  The  greater  num- 
ber of  our  banks  had  exploded,  and  the  individual  liability  of 
stockholders,  as  marked  on  each  bill,  proved  to  mean  that 
the  bill  holders  themselves  were  individually  responsible 
for  whatever  amount  they  might  find  on  hand  after  the 
crisis. 

I  think  we  were  the  poorest  community  the  sun  ever 
looked  down  upon;   that  the  history  of  new  countries   can 


32  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

furnish   no  parallel   for  utter  and  abject   poverty.     I   believe 

on  ilic  first  day  of  .lanuary,  1858,  there  was  not,  upon  an 
average,  two  dollars  and  fifty  cents  in  cash  to  each  in- 
habitant of  the  Territory.  Hard  limes  were  the  theme 
of  each  and  every  class  of  society,  and  all  departments  of 
industry.  Merchants,  mechanics,  speculators  and  hankers 
were  continually  lamenting  their  departed  fortunes,  and 
their  many  failures  and  losses. 

There  was  one  class  of  individuals  who,  although  they  may 
have  been  sadly  pinched  by  the  pressure  of  times,  noted  no 
failures  in  their  ranks,  and  who,  when  winter  set  in,  were 
comparatively  well  off,  in  fact,  relatively  opulent  and 
luxurious  in  their  circumstances.  They  were  the  very  Eew 
farmers  who  had  passed  through  the  era  of  speculation 
untempted  by  the  allurements  thereof,  they  who  had  fol- 
lowed the  plow  steadily,  and  planted  their  crops  carefully. 
They,  and  they  alone,  of  all  the  people  of  Nebraska  could 
board  themselves.  There  is  no  doubt  but  that  poverty  in- 
duces thought.  It  may  paralyze  the  physical  energies  for  a 
time,  but  it  will  induce  reason  and  reflection  in  the  thought- 
less and  judgment  and  discretion  in  the  reckless, 
after  all  other  arguments  have  failed.  T  believe  that 
owing  to  our  extreme  poverty,  we  were  led  to  more  thinking 
and  reasoning-  during  the  winter  of  1857  and  1858,  than  up 
to  that  time  had  ever  been  accomplished  in  the  Territory. 
As  you  have  seen  your  grandfathers,  during  the  long  winter 
evenings,  sit  down  by  the  large  tire  place  when  the  huge  back 
log  and  big  blaze  burned  so  brightly,  away  back  east,  some- 
where, at  your  old  homesteads,  as  when  the  old  man,  after 
reading  his  newspaper,  would  wipe  his  spectacles,  put  them 
up  by  the  clock  on  the  mantle  piece,  and  seating  himself 
there  in  the  genial  fire  light,  place  his  head  between  his 
hands,  and  his  elbows  on  his  knees,  and  have  a  good  "long 
think";  just  so  with  us  all  in  Nebraska  that  winter.  We  had 
a  "think,"  a  long,  solemn,  gloomy  think',  and  among  us  all. 
we  thoughl  out  these  facts:  that  the  new  way  of  making 
money  by  chartering  wild  cat  banks,  had  proved  a  most  un- 
profitable delusion  and  an  unmitigated  humbug.  We 
thought    that    building1    large    cities    without    any    inhabitants 

therefor,  was  a  singularly  crack-brained  specimen  of  en- 
terprise; and  furthermore,  that  everybody  could  not  live 
in  town  who  lived  in  the  Territory  unless  the  towns  were 
laid    off   iii    80   acre   or  quarter  section    lots.      We    thought,   1o 

sum  up  all  hurriedly,  that  it  was  useless  to  attempt  to  leg- 
islate prosperity  into  that  country:  that  il  was  impossible  to 
decoy   wealth    into   our   laps    by    legal    enactment;    that    we 

had.    in    fact,    been    a    \<-v\     fast,    very    reckless,    vi'ry    hopeful, 


TERRITORIAL   GOVERNORS.  33 

enthusiastic,  and  self-deceived  people;  that  while  we  had 
assumed  to  play  the  part  of  Dives,  we  were  really  better 
fitted  for  the  performance  of  the  character  of  Lazarus.  The 
scheme  for  obtaining-  wealth  without  labor,  prosperity  with- 
out industry,  and  growing  into  a  community  of  opulence 
and  ease  without  effort  had  been  a  complete  failure. 

The  spring  of  1858  dawned  upon  us,  and  the  icy  hand  of 
winter  relaxed  its  hold  upon  the  earth,  and  the  prairies 
were  once  more  clothed  in  sunshine  and  emerald.  The 
result  of  our  thinking  during  the  long  dreary  winter,  was 
now  about  to  be  embodied  in  active  efforts  to  enhance  our 
real  prosperity  and  substantial  wealth.  It  had  been  fully 
and  justly  determined  that  the  true  grandeur  and  pros- 
perity of  the  people  was  concealed  in  their  capacity  for 
industry,  honesty  and  patient  endurance.  If  there  were 
fortunes  to  be  made  in  Nebraska,  they  were  to  be  acquired 
by  frugality  and  persevering  exertion  alone.  The  soil  was 
to  be  tilled  and  taxed  for  the  support  of  the  dwellers 
thereon;  and  out  of  it  and  it  alone  was  all  true  and  sub- 
stantial independence  to  be  derived.  For  the  first  time 
during  our  political  existence,  we  realized  our  true  con- 
dition, and  comprehended  the  proper  method  of  ameliorating 
and  improving  it.  The  numerous  signs  marked  "banker, 
broker,  real  estate  dealer,"  etc.,  began  one  by  one  to  dis- 
appear, and  the  shrewd  and  hopeful  gentlemen  who  had 
adopted  them  were  seen  either  departing  for  their  old  homes 
in  the  east,  or  buckling  on  the  panoply  of  industry,  and  fol- 
lowing quietly  the  more  honorable  and  certainly  paying 
pursuit  of  prairie-breaking  and  corn-planting.  The  gloom 
of  the  long  night  of  poverty  was  about  passing  away  for- 
ever. The  clouds  were  breaking,  the  effulgence  of  a  better 
and  brighter  day  sent  its  first  glad  beams  to  reanimate 
and  rejoice  the  dispirited  and  .encourage  the  strong  and 
hopeful.  Labor  at  once  began  and  its  hundred  voices  made 
the  air  resonant  with  its  homely  music.  All  about  us,  on 
every  side,  the  prairie  plow  was  at  work,  turning  over,  as 
it  were,  the  first  page  in  the  great  volumes  of  our  prosperity. 
Everywhere  were  brawny  arms  lifted  up  to  strike  the 
earth,  that  a  stream  of  plenty  and  contentment  might  flow 
forth  and  bless  the  country,  even  as  the  rock  itself  sent  up 
sweet  waters  to  quench  the  thirst  of  Israel's  children  when 
smote  by  the  strength  of  Aaron.  Everywhere  these  rich 
and  rolling  prairies  which  had  lain  for  unnumbered  cen- 
turies as  blank  leaves  in  the  history  of  the  world's  progress 
were  being  written  upon  by  the  hand  of  toil,  snatched  from 
the  obscurity  of  uselessness,  and  forever  dedicated  to  the 
support  of  the  Anglo-Saxon  race.  The  sunshine  seemed 
4 


34  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

brighter,  and  the  ruin  and  the  dews  more  plentiful  and 
refreshing,  because  they  descended  upon  the  earth  and  found 
it  not  all  a  wild  and  desolate  waste.  Seed  had  been  sown. 
farms  opened  and  every  energy  had  been  taxed  to  make  the 
Territory  of  Nebraska  self  sustaining.  It  was  the  first 
genuine  effort  in  the  right  direction.  The  people  were 
aroused  to  the  fact,  that  agriculture,  and  that  alone,  was 
to  be  for  many  years  the  sole  support,  the  sheet  anchor  and 
the  salvation  of  the  Territory.  Emulation  was  excited; 
each  endeavored  to  outwork  the  other  in  the  good  cause. 
lu  many  of  the  counties,  fairs  were  held  last  fall,  and  agri- 
culture had  at  last,  after  three  years  of  neglect,  assumed 
its  true  position  in  Nebraska.  As  you  well  remember  the 
season  was  favorable,  the  crops  were  heavy.  We  had 
enough,  aye.  more  than  enough,  and  the  last  spring-  wit- 
nessed the  first  shipment  of  our  surplus  production  of  grain 
to  the  foreign  market.  The  first  steamers  that  came  up 
the  Missouri  in  1S57,  brought  ns  com  to  keep  us  and  our 
stock  from  perishing  by  hunger  and  starvation.  We  paid  for 
it  at  the  rate  of  two  dollars  a  bushel.  But  now  by  the 
energy  of  our  farmers,  Nebraska  in  less  than  two  years  had 
been  transformed  from  a  consumer  to  a  producer.  And  the 
steamboats  of  the  old  Missouri  bore  away  from  our  shores 
in  the  spring  of  1859,  hundreds  of  thousands  of  bushels  of 
corn  to  the  southern  and  eastern  markets,  which  we  did 
not  need  for  our  home  use,  and  for  which,  at  the  rate  of  40 
cents  per  bushel,  we  have  taken  more  money  than  for  town 
lots  in  the  last  eighteen  months,  or  will  in  the  next  twenty- 
four.  Thus  imperfectly  and  hurriedly  I  have  narrated  the 
history  of  agriculture  in  Nebraska,  down  to  the  planting  of 
last  spring's  crop:  what  that  was  and  how  much  greater  the 
breadth  of  land  cultivated  than  ever  before,  the  new  farms 
that  met  the  eye  on  every  side,  and  the  vast  fields  of  ripen- 
ing grain  that  magically  unsurpassed  the  place  of  the  rank 
prairie  grass,  eloquently  proclaimed. 

If  our  brief  and  only  half-improved  past  has  been  thus  en- 
couraging- and  thus  indicative  of  prosperity:  if  notwithstand- 
ing the  mercilessness  of  the  panic  and  scarcity  of  money,  the 
present  time,  today,  finds  Nebraska  richer  in  the  true  ele- 
ments of  prosperity,  stronger  in  the  golden  capital  of 
skillful  industry  and  contented  labor  than  she  ever  was 
before,  who  shall  predict  her  future?    Who  shall  attempt  to 

portray   the   fulness  and   glory  of  her  destiny? 

The  Anglo-Saxon  race  are  being  driven  by  the  hand  of  Cod 
across  the  continent  of  America,  and  are  to  inhabit  and 
have  dominion  over  it  all.  These  prairies  which  have  been 
cleared    and    made    ready    for   1  he   plow   by   the   hand    of    God 


1237389 

TERRITORIAL    GOVERNORS.  35 

himself,  are  intended  for  the  abiding-  place  of  the  pioneers 
in  the  progress  of  the  world.  The  American  Indian,  in 
whom  there  are  none  of  the  elements  of  thrift,  held  a 
tenancy  upon  these  fertile  plains  for  centuries;  but  there 
was  neither  labor  in  his  arm  nor  progression  in  his  spirit. 
He  was  an  unworthy  occupant  of  so  goodly  a  land  and  he 
has  been  supplanted.  He  has  gone,  and  his  race  is  fast 
becoming  extinct;  the  world  is  too  old  for  its  aborigines. 
Their  destiny  is  completed;  they  are  journeying  to  their 
fate;  they  must  die,  and  a  few  years  hence  only  be  known 
through  their  history,  as  it  was  recorded  by  the  Anglo- 
Saxon,  while  he  pushed  them  before  him  in  his  onward 
tread. 

We  stand  today  upon  the  very  verge  of  civilization,  riding- 
upon  the  head  wave  of  American  enterprise,  but  our  de- 
scendants, living  here  a  century  hence,  will  be  in  the  center 
of  American  commerce — the  mid-ocean  of  our  national  great- 
ness and  prosperity.  Upon  this  very  soil,  the  depth  and 
richness  of  which  is  unsurpassed  in  the  whole  world,  in  a 
country  whose  mineral  resources — as  yet  wholly  unde- 
veloped— are  certainly  mag-nifieent  and  exhaustless;  whose 
coal  beds  are  as  extensive  as  its  prairies;  whose  rivers  and 
springs  are  as  healthful  as  they  are  numerous,  in  such  a 
country  agriculture  must  and  will  carve  out,  for  an  in- 
dustrious people,  a  wealth  and  happiness,  the  like  of  which 
the  world  has  never  dreamed  of  before.  Manufacture  and 
skill  in  the  various  arts  may,  and  will  undoubtedly  aid  us  in 
our  pursuit  of  a  glorious  and  independent  opulence,  but  our 
great  trust  and  strong  hope  is  still  hidden  in  the  fertility 
of  our  soil  and  its  adaptation  to  general  cultivation.  The 
agriculturist  may  be  proud  of  his  calling  for  in  it  he  is 
independent;  in  it  there  is  no  possibility  of  guile  or  fraud, 
and  for  his  partners  in  labor  God  has  sent  him  the  genial 
simshine,  gentle  rains  and  the  softly  descending-  dews.  The 
very  elements  are  made  his  assistants  and  co-workers;  the 
thunderbolt  that  purifies  the  atmosphere  and  furnishes 
electric  life  to  the  growing  crops,  is  his  friend  and  his 
helper.  It  may  be  urged,  and  often  is,  that  the  calling- 
of  the  farmer  is  an  arduous  and  homely  one, — that  it 
is  arduous  no  one  can  deny,  but  it  is  honorable. 
The  idea  that  a  man  cannot  be  a  ti-ue  gentleman  and 
labor  with  his  hands,  is  an  obsolete,  a  dead  and  dis- 
honored dogma.  All  labor  is  honorable.  The  scholar 
in  his  study,  the  chemist  in  his  laboratory,  the  artist  in 
his  studio,  the  lawyer  at  his  brief,  and  the  preacher  at  his 
sermon,  are  all  of  them  nothing  more,  nothing  less,  than 
day   laborers    in    the   world's    workshop— workers    with    the 


36  NEBRASKA    STATE   HISTORICAL  SOCIETY. 

head.  Ami  the  smith  a1  his  forg-e,  the  carpenter  at  his 
bench,  mechanics  and  artisans  of  every  grade  and  kind,  and 
the  farmer,  are  the  same  laborers — workers  with  the  hand. 

The  two  classes  represent  the  two  divisions  of  labor,  and 
they  are  mutually  dependent  upon  each  other.  But  if 
nnion»-  them  all  there  is  one  art  more  health-giving,  one 
art  more  tilled  with  quiet  and  honest  contentment,  than 
another  it  is  that  of  agriculture.  And  yet  agriculture, 
although  it  is  the  art  supportive  of  all  arts,  although  it  is 
the  basis  and  foundation  upon  which  the  superstructure 
of  all  the  commerce  of  the  world  is  reared,  is  less  studied, 
less  thought  of,  and  more  remote  from  its  perfection  than 
all   others. 

During  the  last  ten  years  it  has,  however,  begun  to  at- 
tract a  greater  degree  of  attention  and  has  taken  a  few 
steps  towards  that  high  place  in  the  world's  business  which 
awaits  it.  The  county,  state,  and  national  fairs,  which 
are  now  proven  so  useful,  are  the  protracted  meetings  of 
husbandmen,  where  agricultural  revivals  are  initiated  and 
thousands  annually  converted  to  the  faith  of  the  great 
church  of  human  industry.  And  this  is  the  first  revival  of 
the  kind  ever  instituted  in  a  territory.  To  Nebraska  be- 
longs the  honor  and  the  good  name  of  having  placed  a 
bright  and  worthy  example  before  the  sisterhood  of  chil- 
dren States  which  bound  her  on  the  south  and  west.  Let 
us  continue  in  the  good  work;  let  every  heart's  aspiration, 
every  thought  and  effort  be  to  make  each  succeeding  fair 
give  better  and  stronger  testimony  in  favor  of  the  re- 
sources and  wealth  of  our  vast  and  beautiful  domain. 

And  while  in  the  east  the  youth  are  being  prepared  for 
the  so-called  learned  professions,  law,  divinity,  and  medi- 
cine, let  us  be  content  to  rear  up  a  nation  of  enlightened 
agriculturists.  Men  sturdy  in  mind  and  thought  even  as 
they  are  robust  in  body  and  active  in  all  that  pertains 
to  the  J  nil  development  and  perfection  of  the  physical 
system  of  mankind,  let  it  be  our  high  aim,  by  our  en- 
lightened and  well-directed  training  of  both  the  body  and 
the  mind,  to  elevate  and  improve  our  race  and  make  the 
western  man  the  model,  both  physical  and  intellectual, 
from  which  all  the  world  may  be  happy  to  make  copies. 

With  such  an  ambition  in  the  minds  of  the  people,  and 
an  energy  to  gratify  it,  the  future  of  this  commonwealth 
is  such  a  one  as  thrills  the  patriot's  heart  with  grateful 
pride,  and  makes  one  sad  to  Hunk  that  death  may  close 
the  eye  before  it  shall  have  rested  upon  the  beauties  of 
the  Garden  State  that  will  have  been  builded  up  on  these 
shores  within  the  next  ten  years.   "When  the  valley  of  L'Eau- 


TERRITORIAL    GOVERNORS.  37 

qui-Court,  the  great  Platte,  the  Weeping-  Water,  and  the 
two  Nemahas,  shall  be  shorn  of  their  native  wildness  and 
be  resonant  with  the  song  of  the  husbandman,  the  rumble 
of  mills,  the  splash  of  the  paddle  wheel  and  the  puff  of 
the  steam  engine;  when  away  out  upon  those  undulating 
plains,  whose  primeval  stillness  is  now  unbroken,  save  by 
the  howl  of  the  wolf,  or  the  wind  sighing  through  the 
rank  prairie  grass,  the  American  citizen  shall  have  builded 
up  homes,  hamlets  and  villages;  when  the  steam  plow, 
with  its  lungs  of  fire  and  breath  of  vapor,  shall  have  sailed 
over  the  great  land-ocean  that  stretches  its  luxuriant  waves 
of  soil  from  the  western  bank  of  the  Missouri  to  the  base 
of  the  Rocky  Mountains,  leaving  in  its  wake  thrifty  settle- 
ments and  thriving  villages,  as  naturally  as  a  ship  riding 
upon  a  sea  leaves  the  eddy  and  the  foam  sparkling  in  the 
sunlight  that  gilds  its  path  through  the  waste  of  waters. 

When,  only  fifty  miles  westward  from  the  Missouri  River, 
the  strong  saline  waters  of  Nebraska  shall  have  arrested 
the  attention  of  the  capitalist,  and  attracted  the  skill  of  the 
manufacturer  and  shall  have  become,  as  it  must  and  will, 
the  salt  producer  of  the  whole  northwest;  when  the  rock- 
ribbed  mountains  that  form  our  western  boundary  shall 
have  been  compelled  to  give  up  to  mankind  their  long- 
hidden  and  golden  treasures;  when  afar  off  up  the  winding 
channel  of  the  great  Platte,  the  antelope,  the  buffalo  and 
the  Indian  shall  have  been  startled  by  the  scream  of  the 
locomotive  car,  as  it  roars  and  rumbles  over  the  prairies 
and  the  mountains,  hastening  to  unite  the  states  of  the 
Atlantic  and  Pacific  into  a  unity  and  fraternity  of  interests, 
a  future  greater  and  brighter  than  words  can  picture  is  to 
be  achieved,  and  you,  the  farmers  of  Nebraska,  are  its 
prime  architects  and  its  master  workmen. 

Be  inspired  then  to  hasten  the  carving  out  of  that  destiny 
of  indisputable  superiority  which  God  has  assigned  the 
American  people;  and,  so  inspired  and  so  laboring-  in  the 
great  field  of  the  world's  advancement,  when  death,  that 
harvester  whom  no  seasons  control  and  no  laws  restrain, 
gathers  you  to  his  dark  and  noiseless  garner,  may  you  go, 
like  the  grain  that  has  thrived  and  ripened  in  the  brightest 
sunshine,  pure  and  untainted  by  the  mildews  of  the  world, 
back  to  Him  who  planted  mortality  on  the  earth,  thai  im- 
mortality might  be  reaped  and  garnered  and  loved  in 
heaven. 

This  agricultural  address  was  no  sporadic  effort,  but  the  com- 
mencement of  a  devotion  to  the  tillage  of  the  soil,  to  the  cul- 
tivation of  flowers,  shrubs  and  trees,  a  devotion  which  culmi- 


38  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

natod  in  the  rural  decoration  of  Arbor  Lodge,  the  presentation 
of  a  beautiful  park  to  Nebraska  City,  and  to  the  association  of 
his  name  with  Arbor  Day  triumphs  and   its  beneficent    results. 

ARBOR  DAY. 

In  the  preface  to  a  book  entitled  "Arbor  Day,"  which  Gov.  R. 
W.  Furnas  dedicated  to.  the  Hon.  J.  Sterling  Morton,  we  have 
the  following: 

Perhaps  no  observance  ever  sprung  so  suddenly  and  al- 
most universally  into  use  in  the  higher  ranks  of  life 
as  that  of  Arbor  Day.  The  name  itself  attracts,  and  at 
once  secures  fast  hold  on  refined,  intelligent  people.  The 
thought  originated  with  one  who  worships  at  the  shrine  of 
home  and  its  endearing-  relations.  A  resolution  providing 
that  "Wednesday,  the  10th  of  April,  1872,  be  and  the  same 
is  hereby  set  apart  and  consecrated  for  tree  planting  in 
the  state  of  Nebraska,  and  the  State  Board  of  Agriculture 
hereby  name  it  Arbor  Day.  and  to  urge  upon  the  people 
of  the  State  the  vital  importance  of  tree  planting,  hereby 
offer  a  special  premium  of  one  hundred  dollars  to  the  agri- 
cultural society  of  that  county  of  Nebraska  which  shall, 
upon  that  day,  plant  properly  the  largest  number  of  trees; 
and  a  farm  library  of  twenty-five  dollars'  worth  of  books  to 
that  person  who,  on  that  day,  shall  plant  properly  in  Ne- 
braska the  greatest  number  of  trees,"  was  unanimously 
adopted  by  the  State  Board  of  Agriculture  on  motion  of 
Hon.  .1.  Sterling  Morton,  January  4,  1872. 

On  the  day  specified  in  the  resolution,  the  people  re- 
sponded by  planting  1,000,000  trees  and  repeated  the  same 
in  1ST:].  Supplementing  the  State  Board,  Gov.  Furnas  issued 
a  proclamation  March  31,  1S74.  and  in  1885  the  legislature 
made  the  22nd  of  April.  Mr.  Morton's  birthday,  a  holiday, 
to  be  known  as  Arbor  Day.  In  aid  of  the  object  a  pro- 
vision was  incorporated  in  the  slate  constitution  and  numer- 
ous legal  enact  incuts. 

Within  two  months  of  the  public  observance  of  the  first  Arbor 
Day  the  Hon.  P.  \Y.  Hitchcock  was  instrumental  in  passing 
through  the  United  States  senate  a  bill  "To  encourage  the 
growth  of  timber  on  the  western  prairies,"  the  beneficent  op- 
eration of  which  continued  for  twenty-two  years.  Within  the 
Space   of   sixteen    years   Arbor    Day    was   observed     in     twenty- 


TERRITORIAL   GOVERNORS.  39 

seven  of  the  States  and  three  of  the  Territories.  Editor  H. 
L.  Wood,  of  the  Nebraska  City  Daily  Press,  having  conceived 
the  happy  idea  of  issuing  an  Arbor  Day  edition  of  his  pa- 
per, received  congratulatory  responses  from  many  distinguished 
citizens.  From  James  Russell  Lowell,  poet  and  diplomat- 
ist: "I  am  glad  to  join  in  this  tribute  of  friendly  gratitude 
to  the  inventor  of  Arbor  Day."  From  George  H.  Broker,  of 
Philadelphia:  "I  beg  to  join  with  you  all  in  the  congratulations 
that  may  be  offered  to  this  friend  of  humanity  on  his  birthday, 
which  was  a  happy  day  for  the  world  into  which  he  was  born.'* 
From  the  brilliant  author,  T.  J.  Headly:  "All  honor  to  the 
founder  of  Arbor  Day."  From  George  William  Curtis,  editor: 
"I  am  very  glad  to  join  in  grateful  congratulations  to  the  author 
of  the  suggestion  which  has  resulted  in  so  beautiful  aud  service- 
able an  observance  as  Arbor  Day."  From  Gov.  Martin  of  Kan- 
sas: "Mr.  Morton's  thought  has  brought  forth  good  fruit,  and 
has  been  of  vast  pecuniary  value  to  Kansas  and  Nebraska,  and  to 
all  the  states  of  the  West."  From  ex-Senator  T.  F.  Bayard:  "I 
count  it  my  good  fortune  to  have  long  known  J.  Sterling  Morton, 
and  appreciate  his  many  delightful  qualities  of  head  and  heart." 
From  John  C.  Fremont,  the  explorer  and  pathfinder  of  em- 
pire: "I  am  glad  to  have  the  opportunity  to  enroll  myself  among 
the  friends  and  well-wishers  of  Mr.  Morton,  and  to  congratulate 
him  upon  the  success  of  his  unselfish  and  broadly  useful  work." 
In  the  House,  the  irrepressible  and  genial  Hon.  Church  Howe 
introduced  the  following  resolution,  which  was  passed: 

Whereas,  The  President-elect  of  the  United  States  has 
seen  fit  to  select  one  of  the  most  distinguished  citizens 
of  this  State  for  Secretary  of  Agriculture;  and 

Whereas,  .T.  Sterling  Morton,  one  of  the  pioneers  of  Ne- 
braska and  the  creator  of  Arbor  Day,  is  particularly  well 
equipped  for  the  position,  which  we  firmly  believe  he  will 
fill  with  credit  to  Nebraska  and  honor  to  the  Nation:    be  it 

Resolved,  That  the  house,  irrespective  of  party  politics, 
tender  its  thanks  to  the  Hon.  drover  Cleveland  for  the 
honor  conferred  upon  the  State  of  Nebraska. 

The  fact  that  the  measure  was  introduced  by  a  republican  and 


40  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

was  passed  without  a  dissenting  vote  was  especially  gratifying 
to  the  friends  of  Mr.  Morton. 

Withiu  two  months  Mr.  Morton  became  Secretary  of  Agricul- 
ture. When  t  lie  people  of  New  Jersey,  in  compliance  with  the 
governor's  proclamation,  met  to  celebrate  Arbor  Day,  their  pro- 
gram spread  before  them  an  elaborate,  philosophic,  and  sta- 
tistical essay,  by  the  Secretary,  upon  the  Forestry  of  Civilized 
Nations. 

Of  the  "relentless,  never-ending  war  between  the  animal  and 
vegetable  kingdom,"  he  said: 

Like  great  wheels  the  cycles  revolve  and  reappear,  now 
in  the  animal  and  then  in  the  vegetable  world,  as  mere 
mites  in  the  stupendous  machinery  of  the  universe.  The 
glow  of  beauty  on  the  cheek  of  youth  to-day,  may  to- 
morrow tint  a  rose  growing  upon  that  youth's  grave. 

We  die,  we  are  buried,  and  down  into  our  very  graves  the 
kingdom  of  the  forest  and  field  sends  its  fibrous  root-spies, 
its  pioneers,  and  sappers  and  miners.  The  grand  oak, 
the  majestic  elm,  throw  out  their  arms  and  foliage  to 
wave  and  shimmer  in  the  sunlight,  and  deploy  their  roots 
and  rootlets  to  invade  graves,  and  bring  them  food  and 
strength  from  the  tired  forms  that  sleep  therein. 

The  almost  infinite  possibilities  of  a  tree  germ  came  to 
'my  mind,  one  summer  when  traveling  in  a  railway  carriage 
amid  beautiful  cultivated  fields  in  Belgium.  A  cottonwood 
seed  on  its  wings  of  down  drifted  into  my  compartment. 
It  came  like  a  nialerialized  whisper  from  home.  Catching 
it  in  my  hand  I  forgot  the  present  and  wandered  into  the 
past,  to  a  mote  like  that  which  had,  years  and  j'ears 
before,  been  planted  by  the  winds  and  currents  on  the 
banks  of  the  Missouri.  That  mote  had  taken  life  and 
root,  growing  to  splendid  proportions,  until  in  1S54  the  ax  of 
the  pioneer  had  vanquished  it,  and  the  saw  seizing  it  with 
relentless,  whirling  teeth  reduced  it  to  lumber.  From  its 
treehood  evolved  a  human  habitation,  a  home  my  home — 
wherein  a  mother's  love  had  blossomed  and  fruited  with 
a  sweetness  surpassing  the  loveliness  of  the  rose  and  the 
honeysuckle.  Tims  from  the  former  feathery  floater  in 
mid-air  grew  a  home,  and  all  the  endearing  contentment 
and  infinite  satisfaction  which  that  blessed  Anglo-Saxon 
word  conveys,  that  one  word  which  means  all  that  is  worth 
living  for,  and  for  which  alone  all  good  men  and  women 
an-    living. 


TERRITORIAL   GOVERNORS.  41 

Never  did  the  Secretary  of  Agriculture  seem  a  more  fitting 
part  of  his  surroundings  than  when  on  Arbor  Day,  1894,  he  stood 
uncovered  under  the  towering  trees  and  among  the  aspiring 
shrubs,  upon  the  flower-clad  lawn  of  his  great  department;  and 
there,  with  firm  hand,  steadied  in  place  the  Morton  Oak  of  the 
future. 

And  equally  true  to  nature  and  the  occasion  did  inspired  in- 
tellect entwine  the  moral  and  epitaph: 

It  seems  to  me  that  a  tree  and  a  truth  are  the  two 
longest  lived  things  of  which  mankind  has  any  knowledge. 
Therefore  it  behooves  all  men  in  rural  life  besides  planting- 
truths  to  plant  trees;  it  behooves  all  men  in  public  life  to 
plant  economic  and  political  truths,  and  as  the  tree  grows 
from  a  small  twig  to  a  grand  overspreading-  oak,  so  the 
smallest  economic  truth,  as  we  have  seen  in  the  United 
States,  even  in  the  last  year,  can  so  g-row  as  to  revolutionize 
the  government  of  the  great  Kepublic.  I  say,  then,  that  we 
should  all  plant  trees  and  plant  truths,  and  let  every  man 
struggle  so  that  when  we  shall  all  have  passed  away  we 
shall  have  earned  a  great  epitaph  which  we  find  in  St. 
Paul's  Cathedral  in  London.  You  remember  Sir  Christopher 
"Wren  was  the  architect  of  that  wondrous  consummation 
of  beauty  in  building,  and  there  among  the  heroic  dead  of 
England's  greatest  heroes  upon  land  or  sea  repose  his 
remains.  On  other  tombs  are  marked  words  of  eulogy, 
fulsome  sometimes,  always  intense,  but  upon  the  sarco- 
phagus where  Sir  Christopher  Wren's  remains  repose  is 
inscribed  only  these  simple  words:  "Si  quceris  monumcntum 
circn^n■<tpic^,, — If  you  seek  my  monument  look  around  you. 
So  every  man,  woman  and  child  who  plants  trees  shall  be 
able  to  say,  on  coming  as  I  have  come,  toward  the  evening 
of  life,  in  all  sincerity  and  truth:  "If  you  seek  my  monu- 
ment, look  around  you." 

This  occasion  was  a  surprise  arranged  by  the  officials  of  his 
department;  but  one  year  afterward  it  was  more  than  dupli- 
cated on  Congress  Heights,  D.  0.,  April  22,  1895,  being  Arbor 
Day  and  his  sixty- third  birthday,  when  sixty-three  trees  were 
planted  in  his  honor  and  named  for  distinguished  persons.  One 
of  these  he  planted  and  named  "Sound  Money." 

Mr.  Morton's  ability  as  a  platform  speaker  made  him  a  favor- 
ite in  manv  states  long  before  his  introduction  to  a  president's 


42  NEBRASKA   STATE   HISTORICAL  SOCIETY. 


/ 


cabinet,  not  only  <»n  the  stump  but  in  the  lecture  hall  as  well; 
and  whet  her  his  efforts  were  reported  from  cosmopolitan  Chi- 
cago  or  primitive  Boston,  prairie  garlands  twined  gracefully 
with  conservative  chaplets. 

Had  his  fortune  been  cast  in  a  democratic  slate,  he  would,  in 
national  politics,  have  at  once  wielded  the  rudder  as  well  as  the 
oar.  In  L890,  Prof.  Perry  of  Williams  College,  being  ready  to 
dedicate  the  crowning  effort  of  his  life,  "Principles  of  Political 
Economy,"  inscribed  that  supreme  analysis: 

TO   MY   PERSONAL  FRIEND   OF   LONG   STANDING 

J.  STERLING  MORTON 

OF  NEBRASKA 

A  FRIEND  OF  THE  PEOPLE,  ALSO 

FOUNDER  OF  ARBOR  DAY. 

For  forty  years  Mr.  Morton  has  illustrated  the  "survival  of 
the  fittest,**  and  the  Roman  motto,  "Kemper  paraUs" — alwTays 
prepared. 

Mr.  Morton  unintentionally  and  unexpectedly  evoked  a  storm 
of  denunciation  as  the  result  of  clear  conceptions. bold  utterances 
and  intellectual  aggressiveness,  from  a  speech  delivered  in  the 
"Congress  of  Agriculture,"  at  Chicago,  111.,  Oct.  1G,  1S93. 

The  American  farmer  has  foes  to  contend  with.  They  are 
not  merely  the  natural  foes — not  the  weevil  in  wheat,  nor 
the  murrain  in  cattle,  nor  the  cholera  in  swine,,  nor  the 
drouth,  nor  the  chinch-bug.  The  most  insidious  and  de- 
structive foe  to  the  farmer  is  the  "professional"  farmer 
who,  as  a  "promoter"  of  granges  and  alliances,  for  political 
purposes,  farms  the  farmer. 

He  thought  "individual  investigation  of  economic  questions'' 
of  more  value  to  farmers  than  granges  or  alliances  attempting 
"to  run  railroads  and  banks,  and  even  to  establish  new  systems 
of  coinage.""  lie  affirmed  that  "no  man  should  give  a  power  of 
attorney  to  any  society  or  organization  or  person,  to  think  for 
him."  Immediately  upon  the  delivery  of  the  address,  he  wras 
denounced  as  an  enemy  of  agriculture,  and  the  president  was 
importuned  by  granges  and  editors  for  his  summary  removal  as 
Secretary  of  Agriculture. 


TERRITORIAL    GOVERNORS.  43 

In  reply  to  these  violent  accusations  Mr.  Morton  published 
the  address  without  note  or  comment  and  incorporated  with  it 
the  most  violent  criticisms  of  his  traducers,  in  order  that  the 
public  might  discover  the  grounds  on  which  they  planted  their 
enginery.  A  copy  of  this  most  valuable  address,  falling  under 
the  attention  of  a  distinguished  economist,  received  the  compli- 
ment, "clear  as  a  bell,  sound  as  a  nut,  and  lively  as  a  play." 

When  the  Hansborough  bill  was  before  Congress,  ottering  a 
government  appropriation  for  the  destruction  of  the  Russian 
thistle,  and  an  applicant  was  seeking  appointment  as  chief  of 
exterminators,  the  Secretary  ironically  suggested  including 
•cockle-burs  and  fan-tail  grass,"  and  further  said: 

The  Hansborough  bill  will  never  be  perfect  until  paternal- 
ism has  so  amended  it  as  to  have  the  government  not  only 
weed,  but  plow,  cultivate,  and  g'arner  all  crops  for  the 
people  of  the  United  States.  The  circulation  of  pint,  quart 
and  gallon  packages  of  the  Kentucky  antidote  for  snake 
bites,  g'ratuitously,  under  government  franks  through  the 
mails,  oug'ht  to  begin  as  soon  as  the  serpents  open  up  for 
summer  business.  There  is  no  crop  so  dangerous  to  man- 
kind (as  Adam's  expei'ience  in  the  Garden  of  Eden  shows) 
as   a    snake   crop. 

When  Mr.  Morton  took  charge  of  the  Department  of  Agricul- 
ture, March  4th,  1893,  he  found  2,497  employees  on  its  pay  rolls, 
of  whom  305  were  discharged  within  nine  months.  He  was  able 
to  submit  an  estimate  for  the  fiscal  year,  to  end  June  30,  1804, 
of  |360,658  less  than  was  appropriated  for  the  previous  year. 
He  found  the  Department  in  its  fifth  year  taking  on  all  the  ex- 
travagant vices  of  the  older  ones,  as  indicated  by  a  few  items 
from  an  interview. 

The  conversation  here  turned  to  the  Department  of  Agricul- 
ture and  1  asked  the  Secretarv  whether  he  was  making  any 
changes  in  the  methods  of  running  it.    He  replied: 

I  am  making  a  great  many,  and  I  am  trying  to  bring  the 
department  down  to  a  practical  business  basis.  T  believe 
in  spending  money  where  it  should  be  spent,  but  I  don't 
believe  in  wasting  it.  I  have  already  found  a  number  of 
big  leaks  which  1  am  stopping.    One  is  in  these  experimental 


44  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

stations  which  have  been  established  by  the  department 
over  the  country.  Some  of  them  are  no  good  whatever. 
Why,  I  have  found  one  at  Garden  City,  Kan.,  the  business 
of  which  was  to  evolve  a  grass  which  would  grow  on  the 
arid  plains  of  1  he  west.  Twenty-two  thousand  dollars  have 
been  spent  on  it  in  five  years,  and  a  Professor  Veasy  is 
trying  there  to  produce  a  sort  of  grass  that  will  grow 
without  rain,  water  or  soil,  a  sort  of  grass  orchid,  I  presume. 
From  what  inquiries  I  made  I  found  that  this  Professor 
Veasy  had  a  home  address  at  Denver,  Colo.,  and  he  seemed 
to  be  only  heard  from  at  times  when  his  salary  was  due. 
I  have  stopped  the  appropriation  and  I  suppose  he  will  now 
materialize  in  some  shape  or  other. 

I  got  a  request  the  other  day  for  $50  for  a  United  States 
flag,  which  was  to  be  put  up  over  the  sugar  beet  farm  at 
Schuyler,  ISeb.  I  couldn't  see  the  reason  for  the  appropria- 
tion and  I  investigated  the  station.  I  found  that  it  was 
costing  us  over  $5,000  a  year  and  that  all  we  could  get  out 
of  it  Avas  some  beet  seed,  which  the  regular  sugar  beet 
factories  would  send  to  us  if  wre  would  only  pay  the  freight. 
We  pay  on  these  experimental  stations  about  $360,000  a 
year,  and  I  think  the  most  of  them  should  be  abolished. 
My  idea  is  that  experimenting  should  be  done  through 
the  agricultural  experiment  stations  of  the  states.  There 
are  forty-four  of  these  scattered  all  over  the  Union.  They 
get  an  appropriation  from  Congress  of  $750,000  a  year. 
This  goes  directly  to  them,  and  over  it  we  have  no  control. 
I  think  that  the  seeds  could  be  distributed  through  these 
experiment  stations  and  not  by  the  congressmen.  It  costs 
$135,000  a  year  to  send  out  seeds  from  here.  I  am  going 
to  recommend  Congress  to  abolish  this  part  of  our  busi- 
ness. As  the  seeds  are  now  sent  out  they  do  not  reach  the 
parties  they  should  nor  do  the  proper  kind  of  seeds  get 
to  the  proper  localities. 

"What  are  you  going  to  do  as  to  the  meat  inspection,  Mr.  Sec- 
retary?" I  asked.    He  replied: 

I  am  going  to  abolish  a  good  part  of  it.  Our  meat  ex- 
ports to  Germany  last  year  amounted  to  only  $2,000,000  and 
I  find  that  the  Germans  reinspected  all  the  meat  that  came 
in.  We  sent  $34,000,000  worth  to  England,  where  there 
was  no  inspection.  The  inspection  costs  a  vast  deal  more 
than  it  ((lines  to,  and  in  eleven  months  it  has  footed  up  a 
total  of  about  $200,000.  Why,  during  that  time  we  paid  out 
$l,i)00  to  inspect  the  meat  at  the  Indianapolis  abattoirs,  and 
how   much    7iieat   do   you    think   was   exported   from   there? 


TERRITORIAL    GOVERNORS.  45 

Just  $351.50.  For  every  dollar's  worth  of  pork  sent  to 
Germany  from  Indianapolis  we  paid  more  than  $10  for  in- 
spection.   It  isn't  good  business. 

"How  about  American  Corn  in  Europe?    Is  Cornmeal  Murphy 
going  to  revolutionize  the  continent?" 

I  think  not,  though  he  is  still  in  Europe.  More  of  our 
corn  should  be  used  in  Europe,  but  I  believe  we  can  create  a 
greater  market  for  it  by  getting  the  Germans  to  use  it 
in  the  making  of  beer  rather  than  the  making  of  bi-ead. 
Most  of  the  beer  in  the  United  States  is  made  largely  of 
corn.  The  Milwaukee  brewers  will  tell  you  they  don't  use 
it,  but  they  use  glucose,  which  is  the  same  thing,  and  the 
greatest  per  cent  of  our  beer  conies  from  corn.  Milwaukee 
turns  out  a  hundred  car  loads  of  beer  every  day  the  year 
round,  and  our  breweries  have  a  great  deal  to  do  with  the 
price  of  corn.  The  Germans  use  vast  quantities  of  beer. 
Bavaria  alone  turns  out  9,000,000  barrels  a  year,  and  the 
other  German  provinces  have  vast  brewing  establishments 
in  all  of  their  large  cities.  Corn  makes  a  very  good  beer, 
and  I  think  we  can  gradually  get  them  to  using  it.  I  have 
selected  a  bright,  well  educated  brewer  to  go  to  Germany 
to  look  into  the  matter. 

While  the  above  shows  in  what  spirit  of  intelligent  discrim- 
ination he  began  placing  his  department  upon  an  honest  basis, 
the  general  outcome  has  become  his  splendid  vindication.  Dur- 
ing the  absence  of  Secretary  Morton  in  Europe,  in  the  fall  of 
1804,  studying  their  agricultural  systems,  and  economic  meth- 
ods, D.  MacCuaig,  Esq.,  Chief  Clerk  of  the  Department,  in  suc- 
cessfully vindicating  him  against  political  campaign  charges  of 
a  republican  committee,  incidently  touched  upon  the  subject 
of  the  foregoing  interview.  If  there  is  one  thing  which  Secre- 
tary Morton  detests  more  than  paternalism  it  is  nepotism. 

Amid  the  subsidence  of  premature  clamor,  the  words  of  the 
Hon.  E.  J.  Hainer  of  Nebraska,  in  the  House  of  Representatives, 
February  4,  1895,  add  to  the  official  vindication: 

I  know  that  there  is  no  better  friend  of  the  real  genuine 
agriculturist,  not  the  fraudulent  kind,— not  those  who 
masquerade  as  agriculturists,— there  is  no  better  friend  of 
the  genuine  farmer  than  the  present  Secretary  of  Agri- 
culture, J.  Sterling  Morton,  though  he  be  a  Democrat. 


4<»  NEBRASKA   STATE    HISTORICAL   SOCIETY. 

In  the  February  number  of  the  North  American  Review,  1895, 
there  appeared  an  article  from  the  pen  of  the  Secretary,  in 
which  he  illustrated  the  proposition,  that  "to-day  analyzed,  is 
only  a  portrait  in  miniature  of  an  aggregate  yesterday."  From 
the  history  of  early  exchanges  of  property,  and  the  opinions  of 
ancient  authors  upon  a  circulating  medium,  he  passed  to  the 
object  lesson  of  Nebraska  in  her  infancy,  with  an  inflated  paper 
currency,  before  her  possession  of  exchangeable  commodities, 
and  the  crash  two  years  later,  when  the  inferior  currency  had 
expelled  the  superior.  In  a  subsequent  interview  the  salient 
points  of  the  article  were  condensed: 

1  do  not  believe  that  an  international  congress  can  es- 
tablish permanently  a  commercial  ratio  between  gold  and 
silver  any  more  than  it  can  establish  a  permanent  com- 
mercial ratio  between  rye  and  wheat.  But  if  an 
international  conference  can  fix  the  price  of  gold  or  of 
silver,  it  can  also  fix  the  price  of  wheat  or  of  any  other 
commodity,  and  thereby  avoid  all  the  possible  shrinkages 
in  values  which  tend  to  cause  panics. 

I  think  the  word  "intrinsic"  ought  not  to  be  used.  The 
value  of  gold  is  always  relative.  To  illustrate:  If  I  sell 
you  a  thousand  bushels  of  wheat  today  for  $570,  the  transac- 
tion has  established,  for  the  time  being,  the  wheat  value 
of  gold  and  the  gold  value  of  wheat.  Tomorrow's  cables 
of  litter  failure  of  wheat  crop  in  Argentina.  Russia,  and 
Europe  entirely  change  the  relation  of  gold  to  wheat, 
and  the  thousand  bushels  of  wheat  purchased  al  57  cents 
yesterday,  is  worth  $1.14  a  bushel  today.  But  in  the  mean- 
time, there  lias  been  no  "intrinsic"  value  of  gold,  notwith- 
standing there  has  been  a  change  in  the  relation  of  wheat 
to  gold. 

My  own  judgmenl  is  that  we  must  sooner  or  later  declare 
thai  the  United  States  of  America  recognizes  gold  as  the 
l>est  and  least  fluctuating  measure  of  value  and  medium  of 
exchange  which  the  commerce  of  civilization  lias  thus  far 
utilized. 

The  time  for  straddlers  has  passed.  Those  who  are  for 
sound  currency  on  a  gold  basis  oughl  to  have  the  courage 
to  say  so.  and  abide  by  the  results  of  their  declaration, 
h  makes  no  difference  to  me  whether  a  declaration  of 
truth,  either  upon  the  tariff  or  the  money  question,  tem- 
porarily drives  votes  from  or  allures  them  to  us. 


TERRITORIAL    GOVERNORS.  47 

It  is  barely  possible  that  the  financial  fallacies  of  the 
populists  and  other  vagaries  maj-  temporarily  secure  a 
majority  of  the  voters  of  the  United  States.  Should  such 
a  catastrophe  overtake  the  country,  the  people  must  learn 
by  experience  what  they  should  have  learned  by  diligent 
study   and  reason. 

I  have  no  hesitation  in  declaring  myself  utterly  opposed 
to  all  free  coinage  fallacies,  all  the  16  to  1  lunacies,  and  all 
of  the  cheap  money  illusions  and  delusions  which  populists 
and  other  vagarists  advocate. 

My  judgment  is  that  silver  cannot  be  restored  to  its 
monetary  place  in  the  commerce  of  the  world,  because  the 
supply  of  silver  has  outgrown  the  demand  for  silver  in  the 
exchanges  of  civilization.  The  relation  of  supply  to  demand 
is  the  sole  regulator  of  value.  This  maxim  applies  alike  to 
salt,  silver,  sugar,  and  soap.  All  the  legislation  of  all  the 
law-making  bodies  on  the  face  of  the  globe  can  neither 
mitigate  nor  annul  the  operation  of  the  inexorable  law  that 
"the  relation  of  supply  to  demand  is  the  sole  regulator 
of  value." 

The  President's  critics  ask,  What  is  sound  money?  Any 
ordinary  man  of  business  may  answer  that  question.  Sound 
money  is  that  sort  of  currency  which  has  the  most  universal 
and  least  fluctuating'  purchasing-  power  in  the  markets  of 
all  countries.  That  money  is  the  soundest  for  which, 
throughout  the  commerce  of  the  civilized  world,  there  is 
the  most  universal  demand.  And  that  universal  demand  is 
always  based  upon  the  universal  and  unfluctuating-  purchas- 
ing- power  of  that  money.  The  present  epidemic  of  the 
silver  fever  will  in  due  time  abate.  As  the  temperature  of 
the  16  to  1  patients  declines,  mental  aberrations  will  dis- 
appear and  reason  once  more  resume  its  sway. 


Is  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


GOVERNOR  SAMUEL  W.  BLACK. 

May  2,  1S59  to  Feb.  24,  1861. 

The  appointment  of  Samuel  W.  Black,1  as  associate  justice  of 
the  territory  of  Nebraska,  in  1857,  was  the  date  of  his  introduc- 
tion to  the  "Far  West."  Born  in  the  city  of  Pittsburg,  Pa.,  in 
1818,  then  on  the  confines  of  western  civilization,  and  educated 
under  the  severe  moral  constraints  of  covenanter  influence,  he 
icached  man's  estate  better  furnished  for  the  battle  of  life  than 
a  majority  of  American  youths.  At  twenty-two  years  of  age 
thousands  were  charmed  by  his  brilliant  oratorical  efforts  in 
that  incomprehensible  campaign  of  1840,  when  speech  and  song, 
hurled  in  passion,  drove  democracy  from  the  White  House  and 
enthroned  "Tippecanoe  and  Tyler  too." 

Sanguine  friends  were  predicting  for  him  the  garlands  of  suc- 
cess at  the  bar,  when  the  Mexican  war  gave  an  outlet  for  youth- 
ful valor,  and  a  colonelcy  commission  filled  the  demands  of  an 
enthusiast's  ambition.  When  introduced  to  Judge  Hall,  of  Ne- 
braska, a  Mexican  remembrance  incited  his  wit,  when  he  ex- 
claimed, "Judge  Hall,  are  you  related  to  'The  Halls  of  the  Mon- 
tezumas?'"  and  received  the  retort,  "Governor  Black,  are  you 
a  relative  of  the  Blacks  of  South  Carolina?" 

After  the  resignation  of  Governor  Richardson  in  the  fall  of 
1858,  the  Hon.  J.  Sterling  Morton,  territorial  secretary,  became 
acting  governor  until  the  arrival  of  Governor  Samuel  Black  on 
the  2nd  of  May,  1859. 

On  the  6th  day  of  December,  1859,  Governor  Black  delivered 
his  first  official  message  to  the  legislature.  Being  a  man  of 
scholarly  attainments  and  well  posted  in  political  history,  he 
devoted  half  of  the  space  of  a  long  message  to  dispel  the  cloud 
cast  over  the  Territory  by  the  ignorance  and  hasty  decisions 
of  early  explorers,  as  to  its  being  a  desert  region,  and  further, 
to  establish  its  right  to  speedy  admission  as  a  state. 


Biography  of  Gov.  Black,  Xebr.  Stat.  Hist.  Soc.  Tub.,  1st  scries,  I.,  94.  95. 


TERRITORIAL    GOVERNORS.  49 

But  inasmuch  as  practical  agriculture  has  completely  dissi- 
pated the  illusion,  and  the  question  of  an  admission  to  the 
Union  been  a  fixed  fact  for  twenty-four  years,  both  theories 
may  be  passed  over  in  silence.  At  the  threshold  of  discussion  we 
meet  the  following: 

Nebraska  has  heretofore  suffered  from  inconsiderate  and 
nasty  legislation,  as  well  as  from  sudden  and  untimely- 
repeal  of  a  large  portion  of  her  laws.  We  have,  however, 
just  cause  of  congratulation  that  the  code,  both  civil  and 
criminal,  adopted  by  the  legislature  of  last  year,  is  in 
full  force  and  successful  operation. 

The  recommendations  relative  to  lands  bearing  the  greater 
share  of  taxation,  homestead  exemption  from  sale  for  debt, 
prudent  usury  laws,  the  intelligent  limitation  of  official  fees,  the 
enactment  of  laws  to  protect  debtors  and  secure  creditors  in  the 
sale  of  real  estate  under  execution,  were  worthy  of  a  sound  law- 
yer and  impartial  judge.  The  brief  allusion  to  the  mistakes  and 
calamities  of  the  past  was  pungent  and  graphic: 

It  is  a  matter  of  bitter  experience  that  the  people  of  this 
Territory  have  been  made  to  pass  through  the  delusive 
days  of  high  times  and  paper  prices,  and  the  consequent 
dark  and  gloomy  night  of  low  times  and  no  prices. 

By  far  the  most  notable  message  ever  delivered,  up  to  that 
•date,  in  Nebraska  closed,  pure  in  morals  and  beautiful  in  style: 

We  may  here  turn  to  our  past  history  as  a  territory,  and 
find  material  for  pleasant  meditation.  Individual  faults  and 
occasional  infractions  of  the  law  are  of  course  upon  the 
record,  but  not  a  single  page  is  darkened  by  the  registry 
of  a  single  outbreak  among  the  people.  Our  growth  in 
population  and  prosperity  has  been  equal  to  the  most  san- 
guine expectation.  Of  agricultural  supplies  we  already  pro- 
duce far  more  than  we  consume,  and  we  may  reasonably 
hope  that  but  a  few  years  will  roll  around  before  Nebraska 
will  be  as  well  known  in  the  markets  of  the  world  as  the 
oldest  and  largest  grain  growing  states  in  the  Republic. 

A  railroad   to  the  Pacific   Ocean  is   no  longer  a   problem 

without    a    solution,    and   its    construction    and    completion 

are    but    a    question    of    time.      These    prairies    will    all    be 

peopled  from  the  great  rivers  to  the  mountains.    The  farm 

5 


"id  NEBRASKA    STATE   HISTORICAL  SOCIETY! 

house  and  i  In-  school  house  will  decorate  fclie  plains,  and 
temples  reared  to  the  living  God  will  resound  with  praise 
from  living  and  grateful  hearts.  This  is  the  mighty  and 
majestic  future  to  which  we  look  almost  with  the  assurance 
of  divine  faith.  Our  fathers  saw  this  and  were  glad.  And 
when  this  "goodly  frame,"  without  a  parallel,  this  Union, 
was  tirsi  conceived,  they  trusted  in  Jehovah  and  were  not 
disappointed.  They  knew  as  we  know  thai  there  is  a 
special  providence  in  the  fall  of  a  sparrow,  and  in  the 
rise  and  fall  of  nations.  Thai  their  fate,  who  have  fallen, 
may  not  be  ours,  and  that  our  country  may  continue  to  rise 
and  increase  in  just  power,  in  excellence  and  in  virtue, 
should  he  and  will  he,  in  all  parts  of  it  and  in  all  times 
To  come,  as  in  the  times  past,  the  invocation  and  prayer 
of   the   patriot. 

On  the  occasion  of  vetoing  an  act  of  incorporation,  the  gover- 
nor said:  "'it  is  time  that  the  spirit  of  incorpoiation  should  he  sub- 
dued and  chocked.  All  special  privileges  and  chartered  rights 
conferred  on  a  few,  are  so  much  .taken  away  from  the  general 
privileges  and  unchartered  rights  of  the  many."  As  illustrative 
of  the  bungling  way  in  which  laws  had  been  enacted,  a  com 
mittee  reported:  "That  there  was  no  law  in  existence  in  L858 
which  authorized  the  levy  and  collection  of  territorial  tax.  The 
legislature  of  1857,  in  attempting  to  adopt  a  revenue  law,  only 
adojded  the  enactment  clause.''  As  only  four  counties  paid 
anything  into  the  treasury  in  1858,  said  amounts  were  recom- 
mended to  be  returned.  There  seeming  to  be  no  doubt  that 
i  hero  were  six  slaves  in  Nebraska  and  had  been  formerly  as 
many  as  thirteen,  a  bill  was  introduced  and  passed  for  the 
abolition  of  slavery  in  the  territory,  which  was  vetoed  on  the 
ground  thai  slavery  existed  in  the  Louisiana  purchase  when  we 
acquired  it  by  the  treaty,  and  could  not  be  disposed  of  until  the 
adoption  of  a  state  constitution.  <)n  the  4th  day  of  December, 
L860,  the  governor  delivered  his  second  and  final  annual  mes- 
sage to  the  legislature,  and  proceeded  at  once  to  the  vital  ques- 
tions in  which  the  people  were  specially  interested.  Referring 
to  the  previous  session,  he  said: 

I    urged    then,   as    1    urge    now.    the    necessity   of   the    law 

againsl     usurious    rates    of    interest.       Better    have    IIO    money 


TERRITORIAL   GOVERNORS.  51 

than    buy    it    with    the    life    blood    of    the    needy    and    hard 
pressed   of   the   people. 

Iii  response  to  tliis  utterance  the  rate  of  interest  was  placed 
at  10  per  cent  in  case  there  was  no  agreement  for  another  rate 
not  exceeding  15  per  cent.     Of  salaries  he  said: 

It  is  perfectly  well  known  that  the  income  of  several  of 
the  officers  in  the  Territory  is  far  greater  than  it  should 
be.  and  that  the  territorial  debt  would  be  an  easy  burden 
if  it  were  not  for  the  issue  of  the  warrants  to  satisfy  the 
claims  of  public  officers,  whose  fees  in  many  cases  are 
four  times  as  much  as  their  services  are  worth. 

To  remedy  this  evil,  a  most  searching  and  comprehensive  law 
was  passed  covering  the  whole  range  of  fees  and  salaries.  The 
territorial  debt  was  stated  at  $52,960,  with  collectible  resources 
amounting  to  $30,259.  Contemplating  the  manner  in  which  the 
public  debt  had  increased  from  a  small  amount  in  five  years  to 
$50,000  his  indignant  language  was: 

Let  the  days  of  extravagance  and  enormous  fees  be  num- 
bered and  cut  short,  and  let  a  system  of  rigid  and  severe 
economy,  suited  to  the  limes  and  our  condition,  be  intro- 
duced and  adopted,  and  that  without  delay. 

His  plea  for  an  indirect  bounty  by  which  the  growth  of  timber 
on  the  treeless  prairies  might  be  encouraged  was  promptly  met 
by  the  passage  of  an  act  allowing  a  reduction  of  $50  on  the  val- 
uation of  real  estate  for  every  acre  of  cultivated  fruit,  forest  or 
ornamental  trees.  On  the  supposition  that  "the  relation  of  a 
Territory  to  the  general  government  is  peculiar,  and  one  in  many 
respects  of  entire  dependence/"  he  urged  that  Congress  be  called 
upon  for  aid  for  bridges  and  roads  on  the  lines  of  western  travel, 
and  for  emigrant  hospitals,  and  an  arsenal  of  repairs  and  sup- 
plies. No  important  interest  of  the  home-seeker  seemed  to  es- 
cape his  attention.  His  confidence  in  the  future  of  the  Terri- 
tory was  reiterated: 

A  soil  so  rich  and  prolific,  a  climate  for  the  most  part 
of  the  year  so  pleasant,  and  at  all  seasons  so  full  of  health, 
was  not  meant  for  a  waste  place  nor  a  wilderness.     God  has 


52  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

written  His  decrees  for  her  prosperity  deep  in  the  earth, 
and  developed  His  designs  in  the  rejoicing  harvests  which 
return  in  smiling-  abundance  to  them  who,  betimes,  have 
sown  in  tears. 

** 
With  his  eye  upon  the  storm  cloud  in  the  sky  of  the  Union, 

and  his  ear  sensitive  to  the  strains  of  discord,  he  came  to  his 

final  appeal: 

The  suggestions  of  self  interest  and  the  loftiest  patriot- 
ism should  combine  to  make  the  people  of  the  Territories 
faithful  to  the  constitution  and  firm  to  their  attachment 
to  the  Union.  When  one  is  the  subject  of  open  and  frequent 
violation,  and  the  other  trembles  on  a  sea  of  trouble, 
every  good  and  conscientious  citizen  will  ask  himself  the 
question,  what  can  I  do  that  my  country  may  be  saved? 
You  cannot  shut  your  eyes,  nor  can  I  close  mine,  to  the 
fearful  fact  that  this  confederacy  is  shaken  to  the  center 
and  vibrates  with  intense  feeling  to  its  farthest  borders. 
If  it  is  not  in  our  power  to  do  something  to  bring  back  the 
days  of  other  years  when  peace  prevailed,  let  us  at  least 
do  nothing  towards  making  the  present  more  gloomy  and 
•  the  future,  at  best,  but  hopeless.  Rather  with  one  accord 
let  us  invoke  the  God  of  all  peace,  for  "even  the  wind  and 
the  sea  obey  Him,"  that  He  will  subdue  the  storm  and  quiet 
every  angry  element  of  alienation  and  discord. 

Up  to  the  assembling  of  the  legislature  in  1860,  the  govern- 
ment officials  had  been  members  of  the  Democratic  party,  and 
those  of  them  from  slave  states  uniformly  brought  with  them 
one  or  more  slaves,  claiming  that  slavery  was  national.  Dur- 
ing the  first  four  or  five  years  of  territorial  existence  the  anti- 
slavery  sentiment  of  the  people  had  been  in  restraint  by  the 
theory  that  it  was  better  for  the  material  interests  of  the  new 
community  that  they  should  not  antagonize  the  policy  of  the 
party  in  power.  And  as  I  lie  repeal  of  the  Missouri  Compromise 
and  the  struggle  to  force  slavery  upon  Kansas  had  threat- 
ened the  life  of  the  Union,  it  seemed  nothing  short  of  the  Kepub- 
lican  cyclone  of  1800,  which  brought  Mr.  Lincoln  into  the  White 
House,  could  consolidate  the  emigrants  and  check  the  domineer- 
ing assumption  of  official  dictators.  But  the  make-up  of  this 
legislature  proclaimed  the  emancipation  of  sentiment  and  the 


TERRITORIAL    GOVERNORS.  53 

dawn  of  a  new  political  era.  Of  course  there  were  at  all  times 
a  few  bold  spirits,  illustrating  the  fact  that  a  true  reformer  must 
be  in  advance  of*  his  times. 

On  the  23d  day  of  the  session,  in  reply  to  the  governor's  mes- 
sage of  censure,  a  committee  of  whom  T.  W.  Tipton  of  Nemaha 
county  was  chairman,  made  the  following  report: 

The  select  committee  to  which  was  referred  the  special 
message  from  the  governor,  dated  December  the  16th,  I860,, 
calling  the  attention  of  this  body  to  the  fact  that  only  seven- 
teen working-  days  of  the  session  remained,  and  up  to  that 
date  he  had  received  no  bills  for  his  official  signature,  have 
had  the  same  under  consideration  and  beg  leave  to  report: 
First,  that  from  a  careful  and  thorough  examination  of  a 
standard  almanac,  his  point  in  regard  to  the  time  is  well 
taken;  and  second,  that  the  journal  of  the  council  appears 
to  sustain  the  second  count  in  the  indictment.  We  are 
happy  to  learn  from  his  excellency  that  "I  make  this  sug- 
gestion in  no  spirit  of  complaint,"  for  we  are  certain  that 
he  has  no  cause  of  complaint,  and  had  he  complained  we 
would  have  handed  his  complaint  over  to  a  people  who 
have  been  cursed  with  too  hasty,  illadvised,  and  inconsider- 
ate legation.  But  when  he  says  as  a  reason  for  prompting" 
us  to  action,  ".Not  on  my  own  account  alone,  but  for  the 
sake  of  the  people,  I  request  that  yon  will  endeavor  to 
hasten  the  public  business,"  we  desire  to  remind  his  excel- 
lency that  the  same  people  whose  will  has  been  stricken 
down  at  a  previous  session,  by  his  veto,  has  sent  us  here 
to  own  allegiance  to  no  earthly  power  but  themselves,  and 
our  oaths  of  office,  and  further  that  we  represent  thousands 
of  freemen  and  hold  our  commissions  from  them,  while  he 
holds  his  from  the  President  of  the  United  States.  The 
people  are  well  aware  that  no  legislature,  a  large  portion 
of  whom  hold  for  the  first  time,  can  in  the  short  space  of 
twenty  days,  bring  legislative  order  out  of  choas,  and  estab- 
lish a  judicious  revenue  system,  construct  an  election  law 
that  will  guard  the  ballot  box,  equalize  the  fees  of  all  public 
officers,  reduce  the  burdens  of  taxation  by  thousands  of 
dollars,  and  place  a  future  state  on  a  broad  and  glorious 
platform  of  constitutional  liberty.  But  if  it  is  a  fact  that 
we  have  been  bj'  day  and  night  laboring  in  this  chamber 
and  committee  rooms,  in  this  behalf  for  23  days,  may  we 
not,  when  successful,  return  to  our  constituents  in  conscious 
pride  and  triumph?  In  taking  leave  of  this  peculiar  mes- 
sage we  concur  in  the  propriety  of  the  following  language 
of  his  excellency:     "Nor  do  I  assume  any  right  to  influence 


.".I  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

in  any  wav  your  movements,  or  deliberations."  From  this 
;i\(.w;il  on  his  part,  your  committee  recommend  thai  the 
council  continue  in  iransact  legislative  business  in  ils  own 
way,  determining  its  own  movements  and  controlling  ii* 
ow  n  deli bera t  ions. 

(in  the  (iih  day  of  the  term  Governor  Black  served  upon  the 
Legislature  a  veto  message  of  "A  bill  prohibiting  slavery  in  the 
Territory,"  which  was  promptly  passed  over  his  veto  by  a  vote 
of  1(»  to  3  in  the  council  and  :v.\  to  2  in  the  house.  Of  the  votes 
in  the  council  8  of  the  1<»  were  cast  by  republicans  and  2  by 
Douglas  democrats.  Of  these  republicans  Dundy  became 
United  States  districl  judge,  Elbert  governor  of  Colorado,  Mar- 
quette and  Taffe  representatives  in  Congress,  Strickland,  Doug- 
las democrat.  United  States  district  attorney,  and  Thayer  and 
Tipton  United  States  senators,  evidence  sufficient  that  the  peo- 
ple were  not  misrepresented  on  the  slavery  question.  On  a 
motion  of  Mr.  Tipton  the  public  printer  was  ordered  to  accom- 
pany the  governor's  message  with  the  action  of  the  Legislature 
in  passing  the  bill  over  the  veto,  on  which  subject  he  delivered 
the  following  remarks: 

In  my  humble  opinion  this  veto  message  is  a  most  remark- 
able production  —  remarkable  on  account  of  the  pertinacity 
with  which  his  excellency  follows  up  this  question  of  human 
freedom  with  ponderous  documents,  earnest  protests,  and 
unavailing  entreaties.  In  its  component  parts  il  is  equally 
remarkable,  whether  yon  consider  it  ;i  system  of  dove- 
tailed fallacies,  special  pleadings,  or  sublimated  foolishness. 
If  his  excellency  had  a  mint  of  gold  with  which  to  bribe 
this  legislature,  and  we  possessed  all  the  logical  acumen  and 
captivating  eloquence  of  our  race:  were  we  willing  to  re- 
ceive the  one  and  exert  the  other,  we  could  neither  i^ive 
dignity  to  this  document  nor  force  to  its  conclusions.  The 
honest  hearts  of  our  constituents  would  consign  us  for  our 
efforts  to  everlasting  political  infamy. 

The  republicans  had  (le«  hired  in  their  Chicago  platform,  "that 
the  normal  condition  of  all  the  territories  is  that  of  freedom, 
and  we  deny  the  righl  of  Congress,  or  of  a  territorial  legislature, 
or  of  any  individuals,  to  give  legal  existence  to  slavery  in  any 


TERRITORIAL   GOVERNORS.  55 

territory  of  the  United  States."  National  democrats  held  that 
slavery  was  national,  and  could  follow  the  master  at  his  pleas- 
ure. The  Douglas  democrats,  followers  of  the  distinguished 
Illinois  senator,  claimed  that  the  people,  as  an  act  of  "popular 
sovereignty,"  could  "vote  it  up  or  vote  it  down,"  according-  to 
their  preferences.  Before  the  end  of  the  session  Gov.  Black 
found  numerous  occasions  to  exercise  his  veto,  and  in  no  addi- 
tional case  did  the  legislature  reverse  his  decision.  On  the  last 
day  of  the  session  he  concluded  his  last  veto  message  with  the 
f ol  1  o w i  n g  sentences : 

This  is  the  last  day  of  your  session,  and  this  communica- 
tion is  about  the  last  I  shall  have  an  opportunity  to  submit 
to  the  legislative  assembly.  When  I  had  the  honor  to 
occupy  a  seat  on  the  bench,  I  trust  I  was  persevering  and 
firm  in  vindicating-  the  great  right  of  protection  to  life 
which  the  law  extends  to  every  human  being.  The  position 
then  occupied  I  am  unwilling  to  change,  even  by  a  distant 
and  remote  conviction.  Wherefore  this  bill,  which  seems  to 
excuse,  if  it  does  not  justify,  a  felonious  homicide,  is  not 
approved. 

On  the  11th  of  January,  1861,  when  the  hands  of  the  clock 
indicated  final  adjournment,  as  a  passenger  from  the  deck  of 
the  vessel  waves  a  final  adieu  to  friends  on  shore,  the  council, 
on  motion  of  General  Thayer,  sent  to  the  house  greeting: — 

Resolved.  That  we  hereby  heartily  and  cordially  endorse 
the  official  conduct  of  the  executive  of  this  Territory,  His 
Excellency,  Hon.  Samuel  W.  Black,  for  his  gentlemanly  and 
courteous  treatment  of  the  members  of  this  legislature, 
and  for  the  prompt,  efficient  and  energetic  manner  in  which 
he  has  discharged  the  duties  devolving  upon  him  during 
the  session  of  this  legislature,  and  during  his  term  of  office. 

The  21th  of  the  next  month  marked  the  departure  of  the  gov- 
ernor to  his  native  Pennsylvania,  and  on  the  following  June 
dates  the  death  of  Col;  Black,  shot  from  his  horse  at  the  head  of 
a  Union  regiment,  leading  a  desperate  charge  against  a  Confed- 
erate army.  A  statement  of  his  tragic  death  was  communicated 
to  the  Nebraska  State  Historical  Society  by  his  daughter.1 

1  Vol.  III.,  1st  series,  94,  95. 


5G  NEBRASKA    STATE   HISTOKICAL   SOCIETY. 


ACTING-GOVERNOB  A.  S.  PADDOCK. 

L862,  1867. 

Hon.  A.  S.  Paddock  came  to  Nebraska  under  the  most  favor- 
able circumstances  possible  for  a  young  man  of  ambitious  ten- 
dencies, being  twenty-seven  years  of  age  and  possessing  a  good 
education,  free  from  all  public  vices,  and  with  a  "sound  mind 
in  a  sound  body,"  possessed  of  fundamental  principles  of  law, 
and  the  experiences  of  self-support.  Pioneer  neighbors  naturally 
hailed  him  as  one  qualified  for  counsel  and  aggressive  action, 
;i  new  man,  in  a  new  country,  where  a  new  set  of  political  is- 
sues were  beginning  to  monopolize  public  attention.  Having 
inherited  anti-slavery  sentiments  from  a  New  England  ancestry, 
his  natural  affiliations  would  be  with  Fremont  as  a  presidential 
candidate  in  1856,  and  for  Lincoln  in  1860.  When,  therefore, 
he  met  New  Yorkers  in  the  Chicago  convention  in  I860,  from 
whom  he  had  parted  as  an  emigrant  in  1857,  and  was  with  them 
in  voting  for  William  H.  Seward  for  nominee,  a  mutual  co-oper- 
ation in  the  future  was  easy  and  natural.  With  Lincoln  elected 
and  Seward  in  the  cabinet,  and  the  prestige  of  a  campaign  ora- 
tor associated  with  the  name  of  Mr.  Paddock,  the  appointment 
was  made  and  confirmed,  and  he  entered  upon  the  duties  of 
Secretary  of  Nebraska  April  1st,  1861."  In  1864  he  was  candi- 
date  for  nomination  before  the  republican  convention  of  Ne- 
braska, I'm-  delegate  in  congress,  with  T.  M.  Marquette,  P.  W. 
Hitchcock  and  T.  W.  Tipton  as  friendly  competitors.  Each 
being  voted  for  separately,  Mr.  Tipton  lacked  four  votes  of  the 
nomination  while  Mr.  Marquette  was  a  few  short  also.  On  the 
next  ballot  the  first  count  gave  Mr.  Paddock  a  majority  of  oner 
but  before  the  ai uncemenl  a  delegate  claimed  the  parlia- 
mentary right  »il'  changing  his  vote,  which  left  it  a  tie.  Up  to 
this  point  the  friends  of  Mr.  Hitchcock  had  been  casting  com- 


TERRITORIAL   GOVERNORS.  5T 

plimentary  rotes  to  each  candidate,  and  now  that  his  time  of 
trial  had  come,  all  were  "returned  with  interest,"  and  he  re- 
ceived the  nomination. 

In  1866,  while  Mr.  Seward  was  still  in  the  cabinet  of  Andrew 
Johnson  and  many  conservative  republicans  were  sustaining 
the  administration,  Mr.  Paddock  became  a  candidate  for  Con- 
gress, receiving  a  conservative  republican  and  democratic  vote, 
but  failed  of  election  by  a  majority  of  848  votes,  in  favor  of 
John  Taffe. 

In  1867  President  Johnson  gave  him  the  nomination  of  Gover- 
nor of  Wyoming  territory,  which  was  finally  declined.  Subse- 
quently he  was  elected  a  senator  of  the  United  States,  in  1875, 
and  re-elected  in  1887,  while  in  the  interim  he  served  on  the 
Utah  commission. 

Among  the  many  duties  devolving  upon  him  as  acting  gover- 
nor, was  his  preparation  for  the  subjugation  of  the  hostile  Indi- 
ans in  the  year  1862. 

Omaha,  Nebr.,  Territory,  Sept.  9,  1862. 
Eon.  E.  M.  Stanton,  Sec'y  of  War:  Powerful  bands  of  In- 
dians are  retiring  from  Minnesota  into  the  northern 
counties  of  this  Territory.  Settlers  by  the  hundreds  are 
fleeing1.  Instant  action  is  demanded.  I  can  turn  out  a 
militia  force,  a  battery  of  three  pieces  of  six  pounders, 
and  from  six  to  ten  companies  of  cavalry  and  mounted  in- 
fantry. The  Territory  is  without  credit  or  a  cent  of  money. 
Authorize  me  to  act  for  the  general  government  in  pro- 
viding immediate  defense  and  I  can  do  all  that  is  necessary 
with  our  militia,  if  subsisted  and  paid  by  the  government. 

A.  S.  Paddock, 
Sec'y  and  Acting-Governor  of  Nebraska. 

Authority  being  granted,  all  preliminary  steps  were  taken,, 
the  Second  Nebraska  cavalry  organized  and  placed  under  the 
command  of  Col.  Furnas,  and  a  complete  victory  obtained  over 
the  savages  in  the  battle  of  Whitestone  Hills,  with  the  Brules, 
Yankton  and  Blackfeet  Sioux. 

When  the  legislature  convened  in  January,  1867,  the  governor 
being  absent  on  official  business,  the  duty  of  presenting  the 
annual  message  devolved  upon  the  territorial  secretary,  Hon. 


58  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

A.  s.  Paddock.  The  fads  and  figures  of  the  accompanying  re- 
ports of  state  officers  belonged  to  the  administration  of  Gover- 
nor Saunders,  while  the  secretary  was  entitled  to  full  credit  for 
most  wise  and  conservative  views  upon  the  national  land  sys- 
tem, results  of  the  war,  impartial  suffrage,  and  kindred  themes 
of  vital  importance  to  the  embryo  state. 

The  financial  statement  gave  an  available  surplus  of  $61,810, 
whereas  six  years  before,  the  date  of  the  governor's  first  mes- 
sage, the  indebtedness  was  f^T.ilM).  The  revision  of  the  laws 
had  been  accomplished  in  an  admirable  manner.  "The  wise 
economy"  of  the  homestead  law  "had  been  no  more  clearly  illus- 
trated than  in  this  territory."  Said  he,  "How  much  wiser  then 
the  economy  which  gives  to  productive  industry  the  possession 
of  the  national  domain- free  of  cost,  than  that  which  disposes  of 
it  in  large  tracts  to  speculators,  in  whose  hands  it  remains  unoc- 
cupied and  unimproved,  a  veritable  obstacle  in  the  way  of  the 
rapid  settlement  and  development  of  the  country."  Among 
numerous  recommendations  made  to  the  legislature  was  that 
for  a  memorial  to  Congress  protesting  against  any  future  cash 
sales  of  public  lands,  or  withdrawing  from  market  for  pros- 
pective railroads,  or  locations  by  script  or  warrants  unless  for 
new  state  uses,  and  also  asking  that  government  buy  the  Union 
Pacific  railroad  lands  and  devote  them  to  free  settlement.  It 
was  also  recommended  that  a  liberal  amount  be  appropriated 
to  secure  the  active  labors  of  immigrant  agents,  and  to  accom- 
plish a  geological  survey  of  the  Territory.  In  order  to  bring  in 
closer  relations,  commercially  and  socially,  the  inhabitants  north 
and  south  of  the  1  Matte,  a  free  bridge  was  urged  as  an  unavoid- 
able necessity. 

A    very   satisfactory    review    of    the    railroad    situation    was 
Closed  as  follows: 

Such  brilliant  railroad  prospects  have  very  rarely,  if  ever. 
presented  themselves  to  the  people  of  a  new  slate  or  terri- 
tory. Nature  has  marked  this  spot,  equi-distant  from  the 
two  great  oceans,  as  the  pivotal  center  of  the  railroad 
system  of  America.  God  grant  thai  the  Union  Pacific 
railroad,    which    is    the    true    base    of   all    prosperity,    may    be 


TERRITORIAL   GOVERNORS.  .")«> 

speedily  completed  to  the  Pacific.  May  it  form  an  additional 
bond  of  union  to  the  states,  a  never  failing  source  of  pride, 
of  glory  and  of  strength,  to  the  nation,  and  an  equal  source 
of  pride  and  profit  to  the  brave  and  energetic  gentlemen 
who  engaged  in  its  construction. 

After  commending  the  admission  of  the  Territory  as  a  state 
of  the  Union,  and  proffering  co-operation  in  behalf  of  greater 
effieiency  in  the  common  schools,  the  acting  governor  concluded 
his  official  communication  with  temperate  and  patriotic  allu- 
sions: 

I  should  hail  with  joy  a  radical  change  in  the  rule  of 
suffrage  which  would  give  the  franchise  to  intelligence  and 
patriotism  wherever  found,  regardless  of  the  color  of  its 
possessor.  He  who  can  read  understandingly  the  constitu- 
tion of  his  country,  and  he  who  has  fought  in  its  defense, 
of  whatever  race  or  color,  should  have  a  voice  in  the  choice 
of  the  nation's  rulers.  I  should  therefore  cheerfully  concur 
with  you  in  a  memorial  to  Congress,  praying  for  an  amend- 
ment of  our  organic  law,  in  accordance  with  this  view. 
Xo  change,  however,  should  be  made  which  would  take  the 
franchise  away  from  any  person  who  now  enjoys  it  under 
existing  laws. 

At  the  time  he  delivered  his  message  there  was  a  peculiar 
significance  in  the  following: 

The  kind  offices  of  the  peacemaker  avail  not,  and  1  he 
olive  branch  is  cast  aside,  a  withered  and  useless  thing-. 
How  can  our  beloved  country  be  united  again  in  fact  as 
well  as  in  form '.'  How  can  the  Union  be  firmly  re-established 
in  the  hearts  and  in  the  affections  of  the  people  of  all 
sections?  For  the  patriotic  love  of  the  people  is  the  soul 
of  the  union,  its  preservation  is  essential  to  the  very  life  of 
the  nation  itself.  I  do  not  believe  it  can  be  done  by  depriv- 
ing eleven  states  of  loyal  representatives  in  the  national 
congress,  when  representation  is  the  very  germ  and  essence 
of  union.  Only  that  which  will  win  back  the  hearts  of  the 
southern  people  will  give  stability  and  enduring  peace  to 
the  Republic. 

In  conclusion,  permit  me  to  assure  you  that  I  shall  most 
earnestly  eo-operate  with  you  in  every  endeavor  to  promote 
the  varied  interests  of  our  Territory.  Whatever  measures 
may  commend  themselves  to  your  wisdom  and  judgment,  as 


60  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

best  calculated  to  promote  the  general  welfare  will  receive 
my  most  cordial  approval.  Permit  me  to  wish  you  a 
pleasant  sojourn  at  the  territorial  capital,  and  after  the 
labors  of  the  session  are  terminated,  a  happy  return  in 
safety  and  in  health,  to  your  families  and  friends. 


TERRITORIAL    GOVERNORS.  61 


GOVERNOR  ALVIN  SAUNDERS. 

May  15,  1861  to  Mar.  1,  1367. 

Gov.  Alvin  Saunders1  claims  Kentucky  as  bis  birthplace,  and 
was  born  on  tbe  12th  of  July,  1817.  At  twelve  years  of  age  he 
was  taken  by  his  parents  to  the  State  of  Illinois,  and  in  his  19th 
year  united  his  destiny  with  the  small  village  of  Mt.  Pleasant, 
Iowa.  With  patience  and  luck  he  endured  the  vicissitudes  of 
pioneer  life,  and  as  merchant's  clerk  and  merchant,  as  postmaster 
and  member  of  a  constitutional  convention,  as  representative  of 
the  people  in  the  state  senate  and  in  the  Chicago  National  Con- 
vention of  1860,  which  nominated  Mr.  Lincoln,  he  secured  and 
held  the  implicit  confidence  of  an  honest,  intelligent  and  patri- 
otic community.  Though  of  Virginia  parentage  and  Kentucky 
birth,  having  developed  an  enthusiasm  for  "free  speech,  free 
soil,  and  free  men,"  he  was  fully  competent  to  stand  guard  on 
freedom's  battlements  during  the  stormy  days  of  the  Union. 

After  discharging  the  duties  of  Governor  for  a  term  of  four 
years,  the  circumstances  attending  the  signing  of  his  second 
commission  were  so  peculiar  that  they  are  treasured  up  as  a 
sacred  remembrance. 

I  saw  Mr.  Lincoln,  who  told  me  to  return  home,  as  it  was 
all  right  and  he  would  attend  to  the  commission.  I  started 
for  home  in  the  morning,  and  in  the  evening  of  the  same  day 
he  was  killed.  I  telegraphed  back  to  find  out  what  had  be- 
come of  my  commission,  and  learned  that  the  room  had  not 
been  opened.  When  it  was  opened  the  commission  was 
found  on  the  table,  unfolded,  with  his  signature  attached. 
It  was  not  signed  by  Mr.  Seward.  I  have  the  commission 
in  Mr.  Lincoln's  name,  but  the  appointment  was  actually 
made  out  by  Mr.  Johnson. 


Bunnell  Saunders,  father  of  Alvin  Saunders,  was  a  native  of  Loudoun  County.  \  a., 
who  emigrated  to  Bourbon  County,  Ky..  when  a  young  man,  and  theme  to  Fleming 
County.  His  ancestrv  was  English,  and  his  wife,  maiden  name  Mary  Manzy,  was  a 
native*  of  Culpepper  County,  Va.,  from  French  family.  Alvin  was  one  of  five  son-. 
Gunnell  went  to  Springfield,  111.,  about  1829. 


62  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

Before  he  assumed  the  duties  of  Territorial  Governor  of  Ne- 
braska, May  1").  isut.  ten  states  had  passed  ordinances  of 
secession,  Davis  and  Stephens  elected  president  and  vice-presi- 
dent <>t'  the  Southern  Confederacy,  a  call  had  been  issued  for 
75,000  men  at  the  north  and  for  32,000  at  the  south,  Fort 
Sumter  had  been  bombarded  by  the  rebels  and  Massachusetts 
troops  mobbed  in  Baltimore  on  their  way  to  the  city  of  Wash- 
ington, and  President  Lincoln  had  ordered  the  blockade  of 
sunt  hern  ports. 

Three  days  after  Gov.  Saunders'  arrival  he  issued  a  proclama- 
tion for  troops  for  three  years'  service,  closing  with  the  following 
emphatic  language: 

Efforts  are  being-  made  to  trample  the  stars  and  stripes, 
the  emblem  of  our  liberty,  in  the  dust.  Traitors  are  in  the 
land  busily  trying  to  overthrow  the  Government  of  the 
United  States,  and  information  has  been  received  that  these 
same  traitors  are  endeavoring-  to  incite  an  invasion  of  our 
frontier  by  a  savage  foe.  In  view  of  these  facts,  I  invoke 
the  aid  of  every  lover  of  his  country  and  his  home,  to 
come    promptly    forward   to   sustain    and    protect    the    same. 

His  acts  and  messages  reveal  the  fact  that  during  the  four 
years  of  devastating  war,  his  thoughts  were  ever  with  the  men 
who  answered  the  calls  for  troops.  Whether  they  were  in  camp 
or  in  council  chamber,  their  wants  and  domestic  anxieties  urged 
him  to  duty  and  called  out  his  ready  sympathy. 

In  his  first  message  to  the  legislature,  the  Governor  said: 

Congress,  at  its  last  session,  in  providing  means  to  be 
used  in  putting  down  rebellion  in  a  number  of  Southern 
States  <>r  the  Union,  levied  a  direct  tax  on  the  people. 
The  Constitution  of  the  United  Siaics  provides  that  direct 
taxes  shall  be  levied  by  Congress  in  proportion  to  the 
population.  The  proportion  assigned  to  Nebraska  amounts 
to  nineteen  thousand  three  hundred  and  twelve  dollars. 
This  t;iv  may  be  assessed  and  collected  by  officers  to  be 
appointed  by  the  Secretary  of  the  Treasury,  or  may  be 
assumed  by  the  Territorial  Government.  In  the  latter 
case,  a  deduction  of  15  per  cent,  from  the  gross  amount  will 
be  allowed  the  Territory.  I  therefore  recommend  thai  you 
make  the  necessary  provision  for  its  collection  by  adding 
the   i;niss  amount    to   the    tax    lew    for   1  he   coming    vcar    for 


TERRITORIAL   GOVERNORS.  i\?> 

territorial  purposes,  or  that  you  make  such  other  provision 
tor  its  payment  as  your  wisdom  may  devise.  Although  the 
sum  to  be  raised  is  comparatively  large,  we  should  not 
hesitate  to  bear  our  part  of  the  burden.  Each  one  should 
be  willing  to  exert  himself  to  the  utmost  to  avert  the 
danger  which  now  threatens  the  Union.  "We  would  be 
unworthy  descendants  of  the  good  and  great  men  who 
pledged  their  property  and  their  lives  to  secure  our  free 
institutions,  if  we  hesitated  to  make  any  sacrifice  necessary 
for  their  ^reservation. 

The  patriotism  of  those  who  assist  our  country  now,  when 
she  is  defending  the  Constitution  and  the  I'nion  against 
traitors  and  rebels,  and  who  stand  firmly  by  that  flag,  and 
those  institutions,  which  have  descended  to  us  from  the 
hands  of  Washington,  will  be  held  in  grateful  remembrance 
by  the  gTeat  and  the  good  everywhere,  and  their  names  will 
descend  with  imperishable  honor  to  posterity,  for  having 
aided  in  preserving-  to  their  country  and  the  world,  in  its 
original  integrity  and  vigor,  the  freest  and  best  government 
on  earth. 

A  committee  to  whom  was  referred  the  subject  of  the  direct 
tax,  reported  that  inasmuch  as  Congress  allowed  the  Territory 
$20,000  per  year,  for  legislative  expenses,  the  legislature  should 
not  be  convened  during  the  next  year,  but  the  $20,000  should  be 
diverted  by  the  general  government  for  the  cancellation  of  the 
tax  of  $19,312. 

And  to  show  the  necessity  of  this,  they  instanced  the  financial 
condition  of  the  people,  illustrating  with  Douglas  County. 

Douglas  County  has  a  mortgage  debt  of  $800,000  hanging 
over  her  citizens,  covering  the  majority  of  the  real -estate 
in  the  county  and  bearing  interest  at  an  enormous  rate 
of  from  2  to  10  per  cent  per  month.  The  court  records 
will  show  a  judgment  debt  of  several  thousand  dollars. 
The  County  has  a  debt  of  $50,000.  So  with  the  other  coun- 
ties throughout  the  Territory.  Our  Territorial  debt  is 
$50,000.  Our  taxes  in  every  county  in  the  Territory  have 
been  higher  for  three  years  than  in  any  state  in  the  Union. 

Inasmuch  as  the  progress  of  the  Government,  in  the  suppres- 
sion of  the  rebellion,  was  the  all  absorbing  question,  his  second 
message,  in  1864,  contained  the  following: 

When  you  were  last  in  session  i  lie  rebels  claimed  all 
of  the  slave  states  and  all  of  the  territories  south  of 
Kansas  and   west   to  California,  but    the  Union   armies   have 


•64  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

been  steadily  driving-  them  back  from  the  loyal  states  and 
toward  the  interior  from  the  coast,  capturing  fortifica- 
tions and  cities  \mtil  now  the  stars  and  stripes  float  in 
triumph  over  at  least  two-thirds  of  the  Territory  then 
claimed  by  the  insurgents.  A  few  months  more  of  vigorous 
and  persistent  effort  on  the  part  of  the  great  armies  and 
navies  of  the  Republic,  it  would  seem,  will  probably  be  suffi- 
cient to  wipe  out  the  last  vestige  of  this  gigantic  rebellion, 
and  establish  the  supremacy  of  the  Constitution  and  the 
laws  throughout  the  whole  extent  of  all  the  states  and 
territories  of  the  Union. 

It  must  lie  a  source  of  profound  gratification  to  you  to 
know  that  the  citizen  soldiery  of  Nebraska,  springing  to 
arms  from  the  peaceful  pursuits  of  life,  at  the  call  of  the 
President,  totally  unaccustomed  to  the  hardships  and  dep- 
rivations of  the  weary  march  and  camp  life,  and  to  the 
exposure  and  dangers  of  protracted  campaigns,  have  per- 
formed their  part  so  nobly  in  every  trial  of  endurance  and 
courage. 

A  Nebraska  soldier,  whether  called  on  by  his  country  to 
confront  the  wily  savages  on  the  frontier,  or  the  rebel 
hosts  in  battle  array,  has  never  shrunk  from  duty,  quailed 
before  danger,  or  turned  his  back  on  the  foe. 

After  urging  that  all  possible  effort  should  be  made  for  the 
comfort  of  the  soldiers  in  the  field,  and  of  the  sick  and  wounded, 
and  of  widows  and  orphans,  and  for  allowing  the  soldiers  to 
vote  for  state  and  national  officers,  he  passed  to  the  subject  of 
monuments. 

I  also  recommend  that  you  make  the  necessary  provision 
for  keeping  a  correct  record  of  the  names  of  all  who  enlist 
in  the  military  service  of  the  Territory,  to  be  preserved 
among  the  public  archives;  and  that  the  names  of  all  who 
are  wounded  or  fall  in  battle  should  be  inscribed  on  a  roll 
of  honor,  to  be  carefully  preserved  for  the  inspection  of 
future  generations.  I  also  suggest  that  justice  to  this  class 
of  our  fellow  citizens  seems  to  me  to  require  that  a  monu- 
ment should  be  erected  at  the  capitol,  on  which  to  inscribe 
the  names,  and  preserve  the  memory  of  all  from  this  terri- 
tory who  have  fallen  in  their  country's  service  since  this 
rebellion  commenced,  or  who  have  fallen  during  its  con- 
tinuance. 

He  further  elucidated  the  steps  leading  up  to  emancipation, 
as  a  military  necessity,  and  its  influence  at  home  and  abroad  on 


TERRITORIAL   GOVERNORS.  65 

the  final  result,  and  declared  in  favor  of  an  immediate  peace  con- 
sequent upon  a  restored  union.  In  his  message  of  1865,  Gover- 
nor Saunders  made  the  following  prediction: 

This  war  for  the  preservation  of  our  national  life,  al- 
though protracted  through  more  than  three  years  of  bloody 
strife,  is  at  length  happily  drawing  to  a  close;  and  recent 
events  would  seem  to  indicate,  with  almost  mathematical 
certainty,  that  the  end  cannot  be  far  in  the  future.  Slowly, 
but  steadily  and  surely,  the  Union  armies  are  exhausting 
the  strength  and  resources  of  the  rebel  forces.  Their 
lines  are  being  rapidly  contracted — their  ranks  decimated 
beyond  the  possibility  of  recuperation,  and  the  spirit  of  the 
misguided  masses  has  been  broken.  Our  armies  and  navies 
almost  encompass  them,  while  one  of  our  greatest  generals, 
with  his  victorious  columns,  has  marched  through  the  very 
heart  of  the  Empire  State  of  the  South,  from  the  interior 
to  the  coast,  and  captured  the  most  populous  and  im- 
portant commercial  city  in  the  rebellious  district,  almost 
without  opposition.  The  significant  facts  leave  no  room  to 
doubt  that  at  an  early  period  the  supremacy  of  the  consti- 
tution and  the  laws  will  be  restored  in  every  portion  of  the 
country,  thus  establishing  human  libert3r,  alike  in  the  South 
and  in  the  North,  and  vindicating  the  capacity  of  the  people 
for  self  government. 

One  year  later  he  had  the  happiness  to  herald  the  consumma- 
tion of  the  great  work,  in  the  following  language  of  his  annual 
message,  of  January,  1866: 

Our  flag,  emblem  of  the  unity,  justice,  power  and  glory  of 
the  nation,  now  floats  in  triumph  over  every  part  of  the 
Republic.  Every  foot  of  our  national  territory  has  been  pre- 
served intact.  The  supremacy  of  the  constitution  and  laws 
is  acknowledged  by  all  the  inhabitants,  but  this  great  boon 
has  been  secured  at  a  fearful  cost  of  blood  and  treasure. 
Having  thus  passed  through  the  Eed  Sea  of  disaster  which 
menaced  us,  and  for  a  time  threatened  to  engulf  and  over- 
whelm the  fair  fabric  of  justice  and  liberty  reared  for  us 
by  our  fathers,  may  we  not  hope  that  our  glorious  Union 
will  be  perpetual  and  dispense  its  blessings  for  all  future 
time  to  the  oppressed  and  downtrodden  who  may  seek  an 
asylum  in  this  land  of  liberty  and  equal  justice  from  the 
tyrannies  of  the  old  world. 

When  the  question  of  emancipating  slaves  was  discussed,  as  a 

6 


('»<»  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

military  necessity,  Governor  Saunders  held  and  expressed  very 
decided  views: 

Look,  it'  you  please,  at  the  effort  put  forth  by  the  cun- 
ning politicians  and  traitors  of  our  country,  to  prejudice 
the  minds  of  the  unwary  against  the  President's  proclama- 
tion emancipating  the-  slaves  in  rebel  districts.  Thousands 
throughout  the  country  had  their  minds  thus  prejudiced, 
and  for  the  time  being  poisoned,  against  the  measure;  and 
yet,  that  very  same  measure  has,  perhaps,  done  more  to 
give  us  strength,  both  at  home  and  abroad,  than  any  other 
adopted  by  the  administration.  And  perhaps  we  ought  not 
1<>  close  our  eyes  to  the  fact,  while  dwelling  on  this  subject, 
that  many  of  the  best  and  wisest  men  in  the  country  be- 
lieve that  if  the  slaves  should  all  be  liberated,  during  the 
progress  of  the  war,  it  will  be  a  just  retribution  on  those 
who  originated  the  rebellion;  for  (here  is  a  universal  con- 
viction among  all  classes,  that  slavery  was,  either  directly 
or  indirectly,  the  cause  of  the  war,  and  that  the  guilty  cause 
ought  to  be  destroyed,  and  that  without  this,  no  lasting, 
permanent  peace  can  possibly  be  secured.  If  it  stands  in  the 
way  of  victory,  of  peace,  of  a  restored  and  perpetual  Union, 
let  it  die  the  death  of  the  malefactor. 

On  the  25th  of  January,  1S<>4,  Governor  Saunders  had  the  su- 
preme pleasure  of  placing  his  signature  to  a  joint  resolution  of 
the  Legislature  complimented  the  territorial  troops: 

Resolved,  Thai  the  thanks  of  the  people  of  this  territory 
are  due,  and  are  hereby  tendered  through  their  Legislative 
Assembly,  to  the  brave  men  who  have  gone  from  our  ter- 
ritory to  battle  for  the  preservation  of  our  country.  That 
we  look  with  pride  and  satisfaction  upon  the  record  our 
soldiers  have  made  since  the  war  of  the  rebellion  was  in- 
augurated, and  that  their  unsurpassed  bravery  on  every 
field,  from  Fori  JDonelson,  where  the  blood  of  Nebraska  first 
mingled  with  the  crimson  tide  of  the  brave  of  other  states. 
who  consecrated  with  their  lives  the  first  great  victory  of 
the   war,   down    to   the    heroic   defense   of  Cape   Girardeau, 

where  the  sons  of  our  territory,  almost  unaided,  achieved 
one  of  the  most  brilliant  and  decisive  victories  that  will 
adorn  the  annals  of  the  present  struggle,  a  record  which 
commands  the  admiration  of  the  world,  and  places  us  under 
a  debt  of  gratitude  to  those  brave  men  which  we  can  never 
repay. 

How  thoroughly  the  Governor's  patriotic  efforts  were  supple- 


TERRITORIAL    GOVERNORS.  67 

mented  by  the  women  of  the  territory,  appears  from  their  con- 
tributions to  the  St.  Louis  Sanitary  Fair  of  1864,  to  the  amount 
of  $10,000,  and  to  the  Chicago  Fair  of  1865,  to  the  amount  of 
£25,000.  where  Mrs.  Alvin  Saunders  and  Mrs.  O.  F.  Davis 
were  active  participants.  The  sentiments  of  loyalty  and  patriot- 
ism proclaimed  by  the  Governor  were  amply  supplemented  by  the 
utterance  of  the  Legislature  of  lSbl-2: 

Resolved,  That,  disavowing,  as  Ave  do,  the  right  of  any 
state  or  states  to  nullify  the  federal  law  or  secede  from 
the  federal  Union,  we  regard  such  secession  or  nullification 
as  treason  against  the  United  States,  and  believe  it  to  be  the 
first  and  holiest  duty  of  the  Government  to  uphold  its  laws 
and  repress  treason. 

To  a  resolution  of  a  republican  member  of  the  Legislature — 
'•Resolved,  that  whenever  an  American  Citizen  unsheathes  his 
sword  and  shoulders  his  musket,  at  his  country's  call,  he  should 
leave  the  spoilsman,  the  partisan  and  the  politician  in  a  name- 
less grave  behind  him,"  there  came  a  democratic  response:  "That 
we  hold  rebels  against  our  government  to  be  outside  the  pale  of 
its  protection." 

His  messages  furnish  the  land-marks  of  the  Union  Pacific 
railroad.  In  the  first  one,  of  December,  1861,  we  have  the  follow- 
ing: 

A  mere  glance  at  the  map  of  the  country  will  convince 
every  intelligent  mind  that  the  Platte  Valley  which  passes 
through  the  heart,  and  runs  nearly  the  entire  length  of  Ne- 
braska, is  to  furnish  the  route  for  the  Great  Central  Rail- 
road which  is  to  connect  the  Atlantic  with  the  Pacific  States, 
and  Territoi-ies.  Through  Nebraska  nntst  pass,  in  a  few 
years,  not  only  the  travel  and  trade  between  the  Eastern 
and  Western  portion  of  our  country,  but  also  much  of  the 
trade  and  travel  between  the  Old  and  New  World. 

In  his  message  in  January,  1864.  he  thus  congratulated  the 
Legislature: 


-&j 


Congress  passed  a  bill,  at  the  first  regular  session  after 
the  inauguration  of  the  present  administration,  providing 
for  the  construction  of  the  Great  Pacific  Railway,  commenc- 
ing on  the  100th  meridian,  within  the  Territory  of  Nebraska, 


68  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

thence  westwardly  to  the  Pacific  coast,  with  three  branches 
from  the  place  of  beginning-  eastward  to  the  Missouri  River. 
With  these  magnificent  works  successfully  prosecuted,  con- 
necting- directly  with  the  great  cities  of  the  Atlantic  and 
Pacific,  with  the  benefits  of  the  homestead  act,  of  a  virgin 
and  fertile  soil,  of  exhaustless  salt  springs,  with  a  climate  as 
salubrious  as  exists  in  the  world — none  can  hesitate  to  pre- 
dict for  Nebraska  gigantic  strides  in  the  attainment  of 
wealth  and  power. 

In  January  1805,  his  declaration  was: 

It  will  be  gratifying  to  you,  and  the  people  of  the  Ter- 
ritory to  know  that  the  work  on  the  great  Union  Pacific 
Railroad,  which  is  to  pass  through  the  entire  length  of 
Nebraska,  is  progressing  at  a  very  considerable  rate.  The 
work  of  grading,  bridging,  and  preparing  the  ties,  is  pro- 
gressing- much  more  rapidly  than  had  been  anticipated  by 
our  most  sanguine  people.  I  feel  fully  authorized  to  say, 
that  unless  some  unforeseen  misfortune  attends  this  great 
enterprise,  more  than  fifty  miles  westward  from  Omaha 
will  be  in  readiness  for  the  cars  before  your  next  annual 
meeting. 

In  January,  18G6,  he  reported  fifty-five  miles  of  track  com- 
pleted, and  grading  and  bridging  for  niety-five  miles,  and  pre- 
dicted that  150  miles  of  the  road  would  be  ready  for  the  cars 
within  twelve  months.  But  all  speculations  were  to  be  exceeded 
during  the  year  of  1806,  since  on  the  11th  of  January,  1867, 
cars  were  running  a  distance  of  293  miles  from  the  initial  point, 
and  202  miles  of  track  were  laid,  in  that  year. 

On  the  2nd  day  of  1  )ecember,  1803,  as  one  of  the  national  Com- 
missioners to  locate  the  initial  point  of  the  road,  with  spade  in 
hand  to  "break  ground,"'  the  governor  delivered  the  following 
address: 

Mr.  President,  Ladies  <ni<l  Gentlemen: 

We  have  assembled  here  to-day  for  the  purpose  of  in- 
augurating the  greatest  work  of  internal  improvement 
ever  projected  by  man,  an  improvement  which  is  to  unite 
with  iron  bands  the  shores  of  the  Atlantic  and  Pacific,  and 
to  connect  not  only  the  gre&i  cities  of  the  Atlantic  with 
those  of  the  Pacific  Ocean,  but  to  open  the  gateway  of  com- 
merce for  the  nations  of  the  earth.    This  gigantic  enterprise, 


TERRITORIAL    GOVERNORS.  69 

which  spans  a  continent,  is  destined  to  become  the  great 
thoroughfare  not  only  for  manufactured  articles  of  our  own 
New  England,  the  agricultural  staples  of  the  valley  of  the 
Mississippi,  and  the  gold  and  silver  of  the  Rocky  Mountains 
and  the  Sierra  Nevadas,  but  also  the  silk  of  the  Indies, 
the  manufactures  of  England  and  France,  and  the  teas  of 
China.  It  may  indeed  be  appropriately  termed  the  "Nation's 
Great  Highway." 

This,  my  fellow  citizens,  is  no  mere  work  of  fancy,  or  fic- 
tion, but  a  substantial  reality.  The  people,  the  great  masses, 
have  taken  hold  of  it,  and  the  work  this  day  so  auspiciously 
inaugurated,  is  destined  to  go  steadily  forward  to  com- 
pletion. Whether  viewed  in  the  light  of  a  prudential  war 
measure  or  regarded  in  the  light  of  a  commercial  enterprise, 
the  Nation  is  so  deeply  interested  in  its  speedy  completion 
that  it  cannot  fail. 

The  parties  who  participated  here  today  in  this  initial 
step,  represent  the  diversity  of  interests  which  ai*e  combined 
to  push  it  forward  to  a  complete  consummation.  You  behold 
here  the  engineer,  the  mechanic,  the  laborer,  the  physician, 
the  lawyer,  the  capitalist,  the  editor,  the  telegraph  operator, 
all  taking  part  in  the  exercises  of  this  hour — and  for  such, 
throughout  the  whole  country,  is  composed  of  backers  of 
this  great  enterprise.  I  cannot  close  these  brief  remarks 
without  expressing  the  gratitude  which  I  feel  to  the  Presi- 
dent and  the  Congress  of  the  United  States  for  the  good 
judgment  which  they  have  displayed  in  giving  life  to  this 
magic  work,  and  congratulating  the  people  of  the  whole 
Union  on  its  commencement  and  the  cheering  prospects  of 
its  early  completion. 

In  advance  of  Congress,  the  Governor  said  in  his  message  of 
1861:  ''You  should,  in  1113-  opinion,  urge  Congress  to  enact  a 
Homestead  law  at  its  next  session,"  And  in  that  of  1864,  we 
have  the  following: 

Among  the  many  beneficent  acts  of  legislation,  passed  by 
the  Congress  of  the  United  States,  since  your  last  session. 
may  be  mentioned  the  "Homestead  Bill."  In  fact,  its  suc- 
cess, so  just  to  the  settler,  and  so  wise  as  a  measure  of 
national  policy,  seemed  hopeless,  while  the  reins  of  govern- 
ment were  held  by  such  men  as  controlled  the  administra- 
tion preceding  that  of  our  present  chief  magistrate.  The 
honor  of  the  prompt  passage  of  this  great  measure,  is  due 
to  President  Lincoln  and  his  political  friends  in  Congress. 


70  NEBRASKA   STATE    EISTORICAL   SOGIETt. 

This  question  received  special  attention  in  all  his  messages, 
ami  after  various  efforts,  congressional  action  was  secured,  and 
the  transition  made  from  the  territory  to  a  state,  during  the  term 
of  his  incumbency.  Without  am-  exaggeration,  his  term  of  office 
included  the  most  eventful  period  of  our  history,  and  no  state  or 
territory  had  a  more  faithful  officer  or  devoted  war  governor 
than  Nebraska.     In  the  message  of  1861,  we  read: 

We  are  surrounded  by  tribes  of  Indians  who  are  more  or 
less  tampered  with  by  wicked  men,  and  traitors  of  the 
Union;  we  are  in  the  immediate  vicinity  of  the  battle  fields 
of  the  rebellious  states:  the  regular  troops,  who  have  been 
recentty  garrisoning-  ovir  forts,  are  being  rapidly  withdrawn; 
large  numbers  of  our  best  and  bravest  young  men  have  been 
summoned  from  their  homes  to  aid  in  fighting  the  battles  of 
the  Union;  we  have  a  long  range  of  frontier  settlements  ex- 
posed to  the  tomahawks  and  scalping  knives  of  savages. 
You  should,  therefore,  urge  upon  Congress,  in  the  strongest 
terms,  the  necessity  of  furnishing  our  people  with  the  means 
of  defending  their  homes  and  families. 

The  subject  received  attention  in  his  official  communication 
Januarv  8,  1864: 

True,  Nebraska  has  no  particular  calls  made  for  the  serv- 
ices    of     her     militia     lately;     nothing,    however,    but     the 
liberality  of  the  general  government  in  supplying  our  wants 
with  government  troops  has  prevented  it. 

In  1865  his  reference  to  the  theme  was  as  follows: 

In  the  late  call  for  troops  to  assist  in  protecting  our 
frontier  settlers  from  the  savages,  I  found  myself  obliged  to 
rely  entirely  upon  the  patriotism  and  liberality  of  the  peo- 
ple in  order  to  raise  and  equip  a  sufficient  force  to  give 
proper  relief  to  the  suffering  people. 

It  was  recorded  in  the  message  of  January  9,  1866,  that: 

The  Indian  War  upon  our  Western  border  to  which  I  ad- 
verted in  niv  last  animal  message,  still  continues.  It  was 
hoped  li.at  with  the  close  of  Ihe  rebellion  these  troubles 
Would  cease:  but  lliis  hope  has  proved  groundless.  Em- 
boldened by  success,  the  savage  tribes  who  have  committed 
these  outrages  upon  the  lives  and  property  of  emigrants, 
and   upon   the   Overland   Stage   line,    and   Pacific   Telegraph, 


TERRITORIAL    GOVERNORS.  71 

have  become  exceedingly  reckless  and  daring  in  their 
murderous  forages;  and  outrages  the  most  atrocious  and 
wanton  in  their  character  are  of  frequent  occurrence.  Noth- 
ing will,  in  my  judgment,  give  us  peace  upon  the  plains,  but 
the  employment  of  the  most  vigorous  measures  to  hunt  out 
and  severely  punish  the  authors  of  these  outrages. 

After  Gov.  Butler  (of  the  State)  had  convened  a  Legislature 
on  the  4th  of  July,  I860,  for  the  election  of  United  States  Sena- 
tor, Congress  ordered  the  Territorial  Governor  (Alvin  Saunders) 
to  convene  the  Legislature  for  the  purpose  of  adopting  a  "con- 
dition precedent"  to  the  State's  admission  into  the  Union.  Ac- 
cordingly he  issued  his  proclamation  February  14th,  1867,  and 
his  message  to  the  Legislature  February  20th,  1867.  Against 
the  state  legislature  amending  the  provisions  of  the  constitution, 
which  as  voted  upon  by  the  people  recognized  only  white  voters, 
the  democrats  entered  their  protest  in  a  series  of  state  resolu- 
tions in  1868;  while  at  the  same  time  there  was  not  a  unity  of 
opinion  among  republicans  on  the  questions  of  the  right  of  the 
State  to  act,  and  the  policy  of  extending  the  elective  franchise 
to  the  people  of  color.  Indeed,  Governor  Saunders,  the  very  em- 
bodiment of  national  republicanism,  said  in  his  proclamation, 
to  the  Legislature: 

It  no  doubt  would  have  been  more  satisfactory  to  you, 
as  I  frankly  confess  it  would  have  been  to  me.  if  Congress 
had  given  the  settlement  of  this  question  directly  to  the 
people  of  the  Territory,  instead  of  requiring  of  you,  who 
were  not  particularly  instructed  on  the  subject,  to  take 
upon  yourselves  the  whole  responsibility  of  deciding  this 
subject  for  them. 

On  the  other  question  he  affirmed: 

The  day,  in  my  opinion,  is  not  far  distant  when  property 
qualifications,  educational  qualifications,  and  color  qualifica- 
tions, as  precedent  to  the  privilege  of  voting,  will  be  known 
no  more  by  the  American  people;  but  that  intelligence  and 
manhood  Avill  be  the  only  qualifications  necessary  to  en- 
title an  American  citizen  to  the  privileges  of  an  elector. 

At  this  time  the  amendment  to  the  United  States  Constitution 
had  not  passed,  establishing  impartial  suffrage,  but  in  1870,  two 


72  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

years  later,  the  democratic  platform  read:  "Resolved,  that  the 
Democracy  of  Nebraska  accept  the  adoption  of  all  amendments 
of  the  fundamental  law  of  the  land  as  a  formal  settlement  of 
the  questions  disposed  of  thereby." 

The  State's  admission,  and  the  suffrage  question  both  settled 
and  out  of  the  contest,  in  1870  the  republicans  endorsed  Grant's 
administration,  commended  congress  for  a  reduction  of  the  bur- 
dens of  taxation  and  extended  sympathy  to  Germany  in  her 
struggle  with  France;  while  the  democrats  resolved.  "That  all 
taxation,  to  be  just,  must  be  for  a  public  purpose,  equal,  and 
uniform;  that  the  national  government  has  no  right  to  levy  a 
tax  upon  one  individual  to  advance  or  promote  the  interest  of 
another." 

The  condition,  to  which  the  state  wyas  to  give  assent,  was, 
"That  within  the  State  of  Nebraska  there  should  be  no  denial 
of  the  elective  franchise,  by  reason  of  color  or  race,"  except  to 
untaxed  Indians.  This  having  been  complied  with,  the  state 
was  formally  admitted  by  the  president's  proclamation  of  March 
1,  1807,  when  Governor  Saunders  was  superseded  by  Governor 
David  Butler.  On  retiring  he  indulged  in  a  few  parting  words 
to  a  constituency  that,  in  full,  reciprocated  his  confidence  and 
esteem. 

TO  THE  PEOPLE  OF  NEBRASKA. 

Executive  Office, 
Omaha,   Nebbaska,  March  27,   isur. 

1  have  this  day  received  official  notice  from  the  State  De- 
partment at  Washington,  of  the  President's  Proclamation 
announcing-  that  the  Legislature  of  Nebraska  has  accepted 
the  conditions  proposed  by  Congress,  and  declaring  the  fact 
that  Nebraska  is  admitted  as  one  of  the  independent  states 
of  the  Union.  The  Governor  elect  under  the  state  organiza- 
tion being  now  ready  to  take  charge  of  the  office,  my  duties 
as  the  Chief  Executive  of  the  Territory  this  day  cease. 

I  lake  pleasure,  before  retiring-  from  this  office,  in  availing- 
myself  of  this  opportunity  of  returning-  my  sincere  thanks 
to  the  people  of  the  Territory  for  their  uniform  kindness, 
and  for  the  alacrity  and  promptness  with  which  every  offi- 
cial demand  upon  them  has  been  honored,  whether  in  war 
or  in  peace.    No  period  of  time  of  the  same  length  since  the 


TERRITORIAL    GOVERNORS.  73 

organization  of  our  Government  has  been  so  eventful  and 
full  of  interesting-  history  as  has  been  the  six  years  I  have 
been  honored  with  an  official  connection  with  the  people 
of  Nebraska,  and  it  gives  nie  great  pleasure  to  know  that 
peace  and  general  prosperity  now  prevail  throughout  our 
whole  country,  and  especially  to  know  that  no  country  can 
truthfully  boast  of  greater  peace  or  more  genuine  pros- 
perity than  can  Nebraska. 

Especially  do  I  feel  proud  of  the  financial  condition  of 
the  Territory.  Six  years  ago  the  debt  of  the  Territory  was 
fully  two  dollars  for  every  man,  woman  and  child  in  it,  and 
the  warrants  of  the  treasury  were  selling  at  from  twenty- 
five  to  thirty  cents  on  the  dollar.  Now  her  paper  is  at 
par,  and  she  is  ready  to  pay  every  dollar  of  her  indebted- 
ness of  whatever  character,  so  that  the  new  state  can  com- 
mence her  career  without  a  dollar  of  debt  hanging  over 
her.  This  condition  of  affairs,  so  far  as  my  knowledge  ex- 
tends, is  without  a  parallel  in  the  history  of  new  states, 
and  gives  cause  for  mutual  and  general  congratulation. 
While  our  officers  and  people  have  been  so  attentive  to  the 
finances  of  our  country,  they  have  not  been  idle  or  wanting 
in  other  important  particulars,  for  during  the  war  Nebraska 
furnished  as  many  troops  as  any  other  state  or  territory 
in  proportion  to  its  population,  and  no  soldier  from  any 
quarter  showed  more  valor  or  made  a  better  record  for 
bravery  or  true  soldierly  conduct  than  <Jid  those  from  Ne- 
braska. So,  viewing  it  from  any  standpoint,  1  feel  proud 
that  I  have  been  permitted  to  occupy  so  conspicuous  a  posi- 
tion among  a  people  so  patriotic,  prompt,  and  appreciative. 
With  my  best  wishes  for  the  prosperity  of  the  whole  people, 
of  our  new  State,  and  for  its  great  success,  I  am,  etc., 

Alvix  Saunders 


CHAPTER    II. 
TERRITORIAL  DELEGATES, 


^Yhoever  attempts  to  write  history  for  the  people  of  Nebraska, 
or  sketch  the  career  of  prominent  citizens,  meets  with  many 
impediments.  So  young  is  the  State,  that  many  of  the  actors 
are  still  in  stage  costume,  and  extremely  sensitive  as  to  any 
criticism  upon  the  performers  or  the  play.  Scenes  that  were 
thrilling  to  them  and  heralded  as  tragic,  divested  of  their  sur- 
roundings may  innocently  by  strangers  be  classed  as  comical. 

An  eloquent  author  once  said:  ''Every  attempt  to  present  on 
paper  the  splendid  effects  of  impassioned  eloquence,  is  like 
gathering  up  dewdrops,  which  appear  jewels  and  pearls  on  the 
grass,  but  run  to  water  in  the  hand — the  essence  and  the 
elements  remain,  but  the  grace,  the  sparkle,  and  the  form  are 
gone."  And  so  when  the  writer  erects  a  statue  upon  the  historic 
page  and  exclaims,  "Behold  the  man!"  the  disappointed  reader 
may  demand,  "What  of  the  electric  current  that  warmed  the 
heart,  illumined  the  eye,  and  flushed  the  cheek;  what  of  the 
hopes  that  impelled,  the  fears  that  retarded,  the  placidity  or 
turbulence  that  dominated  the  inner  life?"  In  spite  of  all 
hindrances  and  discouragements,  with  an  apology  to  the  "old 
settler,"  and  a  salutation  to  the  new-comer  and  his  juvenile 
family,  the  writer  enters  upon  the  theme,  Nebraska  in  Congress. 

Her  first  appearance  before  the  government  was  as  a  very  dim- 
imitive.  nameless  infant  in  arms,  when  in  April,  1803,  France,  by 
treaty,  gave  her  mother  Louisiana  away,  in  marriage,  to  "Uncle 
Sam."  In  1804  Louisiana  was  erected  into  two  territories,  called 
Orleans  and  District  of  Louisiana,  and  provision  was  made  for 

(74) 


TERRITORIAL    DELEGATES.  75 

the  formation  of  a  State  Constitution  for  the  Territory  of 
Orleans  whenever  the  population  reached  60,000.  Having  ac- 
quired the  specified  amount  in  1810,  an  Enabling  Act  was  passed 
in  1811,  and  in  1812  the  Territory  of  Orleans  with  the  name  of 
Louisiana  was  admitted  into  the  Union  as  a  state;  leaving  the 
balance  of  the  purchase  for  future  disposal. 

The  Louisiana  purchase  cost  the  United  States  $11,250,000; 
and  such  an  amount  due  the  citizens  of  the  United  States,  from 
France,  as  should  not  exceed  $3,750,000. 

It  was  bounded  north  by  the  British  possessions,  south  by 
Mexico,  and  west  by  the  Rocky  Mountains,  and  is  to-day  included 
in  the  states  of  Louisiana,  Arkansas,  Missouri,  Kansas, 
Nebraska,  North  and  South  Dakota,  and  parts  of  Colorado, 
Wyoming,  Montana,  and  Idaho. 

The  name  of  Louisiana  was  changed  to  Missouri  Territory  in 
1812.  and  later  the  southern  part  became  the  Territory  of  Arkan- 
sas. The  necessary  steps  being  taken,  a  part  known  as  Missouri 
became  a  state  June,  1821.  As  Missouri  was  coming  in  as  a  slave 
state,  the  free  states  demanded  "a  set-off,"  hence  the  Missouri 
Compromise  was  enacted,  to  quiet  "slavery  agitation  forever/' 
and  this,  when  ruthlessly  repealed  in  the  Kansas-Nebraska  Act 
of  1854,  precipitated  the  ''death  to  slavery  forever''  struggle.  By 
that  notable  act,  all  new  states  subsequently  formed  north  of 
parallel  of  thirty-six  degrees  and  thirty  minutes,  dividing  the 
Louisiana  Purchase,  should  come  in  free  or  slave,  as  the  people 
might  determine.  And  so  a  protecting  barrier  was  erected  be- 
tween Nebraska  and  slave  territory  for  a  term  of  thirty-three 
years,  ending  in  1851. 

This  same  line  was  extended  through  Texas,  under  certain 
conditions,  on  her  admission  to  the  Union  in  1845.  In  1850, 
when  the  Union  was  endangered  by  the  fiery  discussion  over  the 
admission  of  California  as  a  free  state,  the  doctrine  of  non  inter- 
vention as  to  slavery  was  affirmed:  and  when  it  was  enacted  in 
the  organic  law  of  Nebraska  that  the  Missouri  Compromise  was 
"inoperative  and  void,"  and  slavery  was  a  question  exclusively 
for  the  people  to  settle,  Senator  Benton  of  Missouri  declared  the 


7G  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

statement  was  "a  stump  speech  injected  into  the  belly  of  the 
bill."  Had  Nebraska  then  been  as  far  south  as  Kansas,  border 
warfare  would  have  desolated  her  plains,  murdered  citizens, 
and  laid  homes  and  cities  in  ashes. 

Nebraska  was  introduced  to  congress,  by  name,  in  1S44,  when 
a  bill  to  define  her  boundaries  was  presented  to  the  House  of 
Representatives.  In  1854  the  step-daughter  was  considered  of 
sufficient  age  to  commence  superintending  her  future  estate, 
under  the  directions  and  instructions  contained  in  a  law  of  con- 
gress denominated  the  Organic  Act. 


TERRITORIAL    DELEGATES.  77 


NAPOLEON  B.  GIDDINGS. 

33rd  Congress,  1855;  Jan.  5  to  Mar.  4. 

In  order  to  "set  up  housekeeping"  in  accordance  with  the  cus- 
toms and  manners  of  the  elder  sisterhood,  a  selection  of  an 
agent,  in  that  behalf,  was  made  on  the  12th  day  of  December, 
1854.  The  student  of  history  will  remember  that  Napoleon 
Bonaparte  was  a  prime  factor  in  behalf  of  France  in  Mr.  Jeffer- 
son's negotiations  for  Louisiana,  and  the  reader  of  the  annals  of 
Nebraska  notes  the  fact  that  Napoleon  B.  Giddings,  of  Missouri, 
was  hs#  first  delegate  in  Congress. 

The  election  took  place  seven  months  from  the  date  of  the 
Organic  Act  of  May  30th,  1854.  Voting  precincts  had  been 
designated  at  twelve  places  in  eight  counties  adjacent  to  the 
Missouri  River.  Of  800  votes,  Mr.  Giddings  received  377,  which 
was  a  majority  over  any  one  candidate's  vote,  though  a  minority 
of  the  whole  number  cast.  On  the  5th  day  of  January,  1855, 
just  twenty -four  days  after  the  election,  the  Congressional  Globe 
has  the  following  entry: 

Mr.  Phelps  of  Missouri  announced  that  the  Delegate  from 
Nebraska  was  present  and  desired  to  take  the  oath  of  office. 
Mr.  Giddings  thereupon  presented  himself  at  the  bar  of  the 
House,  and  the  Speaker  administered  to  him  the  usual  oath 
of  office. 

The  term  for  which  he  was  elected  was  to  expire  on  the  en- 
suing 4th  of  March,  within  about  two  months.  A  few  days 
before  the  advent  of  Mr.  Giddings  to  the  House,  Mr.  Mace  of 
Indiana  introduced  a  bill  modifying  the  Kansas-Nebraska  law, 
and  re-enacting  the  Missouri  Compromise  act  to  protect 
Nebraska  from  slavery,  and  for  the  admission  of  Kansas  as  a 
free  state,  which  failed  to  pass.  Hon.  Thomas  Hart  Benton  of 
Missouri,  formerly  Senator,  having  to  be  absent  for  a  few 
days,  left  a  short  speech  to  be  read  for  him  by  a  colleague,  in 


7s*  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

which  he  deprecated  the  opening  up  of  the  shivery  discussion 
<»ii  general  principles,  but  especially  for  fear  of  retarding  emi- 
gration, which  was  so  desirable  to  aid  and  encourage  the  con 
si  ruction  of  a  Pacific  railroad.  Admitting  the  border  ruffianism' 
of  Missouri,  he  claimed  it  was  the  natural  product  of  New 
England  Colonization  Societies,  from  which  he  had  from  the 
first  anticipated  evil. 

Bills  were  introduced  by  Mr.  Giddings  as  follows:  To  estab- 
lish post  roads;  to  protect  the  proprietors  of  towns  in  their  town 
sites;  to  establish  land  offices;  and  for  surveying,  marking,  and 
opening  roads.  He  offered  amendments  to  establish  an  arsenal 
in  Nebraska,  and  to  allow  |50,000  for  public  buildings.  On 
the  31st  day  of  January  he  wound  up  his  legislative  career  by 
the  delivery  of  his  maiden  speech.    Mr.  Giddings  said: 

r  wish  to  say  a  word  or  two  in  r.nswer  to  the  gentleman 
from  Virginia  in  relation  to  the  power  of  the  governor  in 
local  in»-  the  seats  of  government  in  these  territories.  No 
such  power  is  given  to  them.  They  are  given  the  right  to 
select  the  point  at  which  the  first  legislature  shall  be  con- 
vened; but  after  that  it  is  left  to  the  legislature  to  decide 
at  what  point  the  future  capital  shall  be  located.  I  hope 
the  gentleman  will  not  try  to  put  restrictions  on  Kansas 
and  Nebraska  that  have  never  been  placed  upon  any  other 
territories    under  the   government  of  the  United  States. 


^v 


A  very  short  speech  of  a  very  short  term,  and  so  passed  the 
Napoleon  of  Nebraska  from  public  observation,  returning  to  his 
home  in  Savannah,  Missouri. 


TERRITORIAL    DELEGATES.  79 


BIRD  B.  CHAPMAN. 

The  second  election  for  delegate  to  congress  took  place  Novem- 
ber G,  1855,  at  which  Bird  B.  Chapman  received  380  votes  and 
Hiram  P.  Bennet  292,  according  to  the  returns  of  the  canvassing 
board.  Mr.  Bennet  instituted  a  contest  which  resulted  in  the 
presentation  of  a  resolution  by  the  committee  on  elections  de- 
claring that  Bird  B.  Chapman  was  not  entitled  to  the  seat.1 
Each  argued  his  side  of  the  case  before  the  committee,  and  in 
open  session  before  the  House  of  Representatives. 

In  the  house  Mr.  Stephens  of  Georgia  specially  championed 
the  canse  of  the  sitting  member,  while  Washburn  of  Maine 
argued  in  favor  of  the  contestant.  It  was  a  contest  to  reconcile 
serious  irregularities  and  to  eliminate  from  the  count  fraudulent 
votes.  Of  the  two  speeches  in  the  house,  Bennet's  alone  appears 
in  the  Globe. 

Mr.  Bennet  complained  seriously  that  after  the  case  had  been 
closed  before  the  committee,  and  each  claimant  had  been  so 
informed,  ex  parte  testimony  had  been  received  and  incorporated 
in  the  minority  report: 

Mr.  Speaker,  I  object  to  all  ex  parte  testimony  in  the  case, 
and  I  particularly  object  to  the  four  ex  parte  affidavits  upon 
which  the  minority  report  is  based;  and  first,  because  it  is 
"  ex  parte ;  second,  because  it  was  never  presented  to  the  com- 
mittee, only  to  the  minority;  and  third,  because  it  was  not 
shown  to  me  to  exist  till  long-  after  the  majority  report  was 
printed.  And  again,  because  they  were  made  by  my  political 
and  personal  enemies.  And  fourth,  I  object  to  these  affi- 
davits because  they  contain  misrepresentations,  prevarica- 
tions, and  falsehoods.  My  old  enemy  Sharp  comes  on  here 
about  the  time  the  majority  report  was  made;  and  after 
looking  over  all  my  printed  testimony  and  the  majority  re- 
port, and  conning  it  over  three  or  four  weeks,  he  fixes  up 
a  state  of  facts  just  saifficient  to  carry  his  friend,  the  sitting 

'Nebraska  contested  election  case.  1856;  Cong.  (Hob,-.  33  Cong.,  1st  sees.,  476-477,  630, 
641,  970,  1011,  1055-1056,  1106.  1688-1690,  1692,  1711-1715,  1729. 


80  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

delegate,  through,  swears  to  it  in  a  corner,  and  then  takes 
good  care  to  leave  the  city  before  it  was  possible  for  me  to 
know  what  was  done. 

The  Hon.  Geo.  W.  Jones,  United  States  Senator  from  Iowa, 
having  volunteered  an  endorsement  of  the  veracity  of  Mr.  Sharp, 
received  the  speaker's  attention: 

It  is  true,  this  deponent  was  once  a  member  of  the  Iowa 
legislature,  and  while  there  I  believe  he  supported  the  elec- 
tion of  the  Hon.  Geo.  W.  Jones  to  the  senate.  Mr.  Speaker, 
one  good  turn  deserves  another,  and  the  senator  comes  to 
the  rescue  of  his  former  constituent. 

The  contestant  seems,  from  the  record,  to  have  been  neither  a 
novice  in  debate,  nor  timid  in  attacks.  Having  parried  several 
thrusts  from  the  keen  rapier  of  the  mercurial  Stephens,  he  ex- 
claimed in  a  tone  of  exultation,  "Mr.  Speaker,  the  gentleman 
from  Georgia  has  not  quite  got  me  yet."  Of  the  sitting  delegate, 
Mr.  Chapman,  he  said: 

The  gentleman  alluded  to  his  residence  in  the  Territory 
of  Nebraska.  Now,  I  know,  Sir,  that  that  is  mere  clap- 
trap talk;  but  as  he  has  alluded  to  it  I  will  answer  it.  He 
says  when  he  went  to  the  Territory,  thus  and  so.  He  went 
to  the  Territory  the  year  that  the  territorial  government 
was  organized.  He  was  a  candidate  for  Congress  before  he 
got  there.  He  happened  to  be  beaten  very  badly  at  the 
election  and  the  next  day  after  the  election  he  went  home 
to  Ohio,  and  we  saw  nothing  more  of  him.  Yes,  we — the 
squatters  of  Nebraska — saw  nothing  more  of  him  until 
thirty-five  days  before  the  election  of  a  delegate  last  No- 
vember, when  he  came  back  into  the  Territory.  He  had  to 
be  there  forty  days  to  entitle  him  to  vote.  He  was  not  a 
voter,  and  did  not  vote  at  that  election.  Nevertheless,  by 
getting  all  of  the  executive  influence  of  the  Territory  in 
his  favor  he  ran  a  pretty  good  race;  but  I  beat  him.  That 
is,  I  beat  him  before  the  people,  but  he  beat  me  before  the 
canvassers — all  of  whom  were  my  personal  and  political 
enemies.  One  word  further  in  reference  to  this  matter.  For 
the  purpose  of  serving  a  notice  upon  the  sitting  delegate, 
that  I  intended  to  lake  testimony  to  use  in  the  contest  for 
his  seat,  I  inquired  of  him  last  January,  in  that  lobby,  where 
his  residence  was.  In  truth  he  did  not  know  where  it  was; 
and  1  could  not  serve  a  notice  at  his  residence  in  the  Terri- 


TERRITORIAL    DELEGATES.  81 

tory  because  he  had  none  there.  It  will  be  shown,  in  my 
further  argument,  that  that  fact  worked  a  great  hardship 
to  me. 

It  is  a  source  of  regret  that  the  speech  of  Mr.  Chapman  does 
not  appear  in  the  Globe,  as  there  is  no  way  to  restore  the  oratori- 
cal equilibrium.  On  the  final  vote  there  were  sixty-three  mem- 
bers of  the  house  in  favor  of  unseating  Chapman,  and  sixty-nine 
opposed — so  the  contest  failed.  A  resolution  finally  closed  the 
case,  on  the  25th  of  July,  1856,  allowing  the  retiring  contestant 
mileage  and  per  diem  up  to  date.  The  allusions  to  Mr.  Chap- 
man's citizenship  are  corroborated  in  Nebraska  history. 

Hon.  J.  Sterling  Morton  is  reported  as  saying  of  the  first 
election  for  delegate  in  Congress,  December  12,  1854: 

Even  in  that  early  morning  hour  of  the  county  our 
people  exhibited  a  wonderful  liberality  in  bestowing  their 
franchises  upon  persons  who  had  no  interests  in  common 
with  them,  and  who  have  never  since  been  identified  with 
the  material  development  of  this  section  of  the  world.  Mr. 
Giddings  resided  then,  as  now,  in  Savannah,  Missouri.  Mr. 
Chapman  was  a  citizen  of  Ohio,  and  never  gained  a  residence 
in  Nebraska,  while  Mr.  Johnson  was  a  denizen  of  Council 
Bluffs,  Iowa.  But  as  there  were  not  to  exceed  twenty-five 
domiciles  in  Pierce  Coimty  (now  Otoe)  at  that  time,  nor 
more  than  fifty  beds,  it  was  always  a  mystery, — except  to 
Col.  John  Bouleware  and  family,  who  then  kept  a  ferry 
across  the  Missouri  Biver, — where  the  208  patriots  came 
from  who  exercised  a  freeman's  rights  on  that  auspicious 
dawn  in  Otoe  of  the  science  of  self  government  and  the 
noble  art  of  electioneering. 

In  order  to  parry  the  point  of  this  truthful  charge,  be  it  re- 
membered that  this  was  prior  to  legislation  in  Nebraska.  Mr. 
Bennett  had  not  only  "come  to  stay,"  but  was  a  member  of  the 
legislature  from  Otoe  County  in  1854  and  again  in  1859,  and 
was  justified  in  regarding  Bird  B.  Chapman  as  a  Bird  of  passage. 


82  NKP.KASKA   STATK   HISTORICAL    SOCIETY. 


FFXXER  FERGUSON. 

Dec.  7,   1857  to  Mar.  3,  1859. 

Fenner  Ferguson,  who  was  appointed  Chief  Justice  October 
li'.  1854,  was  elected  delegate  to  Congress  August,  1857,  and  was 
sworn  in  upon  the  7th  day  of  December,  1857. 

On  the  16th  day  of  September,  1857,  Bird  B.  Chapman,  who 
had  been  a  candidate  for  re-election,  served  notice  of  contest.  It 
appears  that  there  had  been  four  candidates  before  the  peo- 
ple, and  the  votes  were  distributed  as  follows:  Fen- 
ner Ferguson,  1,642;  Bird  B.  Chapman,  1.550;  Benjamin  P. 
Rankin,  1,241;  John  M.  Thayer,  1,171.  After  one-half  the  time 
had  elapsed  for  the  taking  of  testimony,  the  contestant  served 
notice  November  14th,  but  the  member  -elect  had  left  the  Terri- 
tory for  Washington,  D.  C,  the  notice  being  left  at  his  usual 
place  of  residence.  At  the  time  specified,  testimony  was  taken 
in  the  absence  of  Ferguson  or  any  one  by  him  authorized  to  act. 
A  person,  however,  did  appear,  and  informed  the  contestant, 
that  unless  he  was  allowed  to  cross-question  witnesses,  certain 
Mormons  would  not  testify  for  the  contestant.  If  Chapman  had 
inaugurated  a  game  of  delay,  the  tables  were  turned  upon  him, 
on  the  3rd  of  December,  when  Silas  A.  Strickland,  agent  for 
Ferguson,  left  notice  at  Chapman's  residence  for  the  taking  of 
testimony  on  the  14th  of  the  month,  Chapman  being  absent 
from  tli:-  Territory. 

As  a  way  out  of  these  complications  the  committee  on 
elections,  April  21,  L858,  reported  a  resolution  to  the  House,  to 
extend  the  time  for  taking  testimony,  which  would  virtually 
send  tin-  case  over  to  Mie  next  session  of  Congress.  That  was 
passed  by  a  vote  of  ninety-eight  to  eighty-five.  Before  this 
action  of  the  Bouse,  January,  LS58,  the  legislature  of  Nebraska 
passed  joint  resolutions,  in  the  name  of  a  large  majority  of  the 
people,  affirming  belief  in  .Mr.  Ferguson's  election  and  in   his 


TERRITORIAL    DELEGATES.  S3 

"capacity,  integrity,  fidelity  and  incorruptibility,''  and  indig- 
nantly repelling  all  foul  aspersions  east  upon  him,  for  the  pur- 
pose of  prejudicing  his  right  to  a  seat  in  Congress.  The  House 
of  .^Representatives,  feeling  that  the  Nebraska  legislature  had 
overstepped  the  bounds  of  propriety  by  attempting  to  indicate 
their  duty  in  settling  the  status  of  members,  on  motion,  laid  the 
resolutions  on  the  table  without  printing.  Accordingly,  ad- 
ditional testimony  having  been  taken,  the  committee,  by  a 
majority,  decided  in  favor  of  Mr.  Chapman;  which  report  was 
taken  up  in  the  House  February  9,  1859. 

Mr.  Wilson  of  Indiana  said,  in  behalf  of  the  contestant:  "This 
whole  case  turns  upon  three  precincts — Cleveland,  Monroe,  and 
Florence."  There  were  but  six  voters  residing  in  the  Cleveland 
precinct  and  but  five  dwellings  therein,  and  yet  there  were 
thirty-five  votes  cast,  eighteen  or  twenty  by  persons  erecting  a 
hotel  for  the  Cleveland  Land  Company,  who  voted  for  the  sit- 
ting member  and  whose  votes  the  committee  rejected.  He 
charged,  further,  that  in  the  Mormon  precinct  of  Monroe,  where 
there  were  forty  Mormon  voters,  and  only  five  other  persons  re- 
siding there,  the  vote  cast  was  eighty-seven,  of  which  the  sit- 
ting member,  Ferguson,  received  eighty-three,  and  contestant 
one.  And  that  before  the  polls  were  formally  opened  forty 
votes  had  been  cast,  as  a  large  number  of  men  came  there  at 
two  o'clock  in  the  morning,  voted  and  went  away.  He  said:  "In 
the  Monroe  precinct  appear  names  which  of  themselves  are 
prima  facie  evidence  of  fraud — Oliver  Twist  and  Samuel  Wel- 
ler."  In  the  Florence  precinct,  401  votes  were  returned,  where 
the  polls  were  kept  open  three  hours  later  than  allowed  by  law, 
of  which  364  were  for  the  sitting  member  and  four  for  the  con- 
testant. One  person  voted  four  times  and  at  least  "one  hundred 
persons  were  unknown  to  the  oldest  settlers.'' 

Air:.  Washburn:  "Was  not  that  man  whose  testimony  yon 
refer  to,  accused  of  perjury?" 

Mr.  Wilson:  "Yes,  bnt  the  man  who  accuses  him  is  him- 
self accused  of  murder." 

Mr.  Wilson  charged   in  addition  that  none  of  the  officers  in 


84  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

these  three  precincts  were  sworn  by  a  legal  officer,  as  though 
they  intended  fraud  from  the  very  start.  In  justification  of  the 
committee's  decision,  he  quoted  many  precedents  for  the  rejec- 
tion of  votes,  and  though  it  was  late  in  the  Congress,  eighteen 
months  after  the  election,  he  demanded  prompt  action,  and 
concluded:  "Looking  over  the  elections  for  the  last  few  years  in 
the  Territories,  it  does  seem  to  me  that  a  certificate  of  election 
from  a  Territory  has  become  almost  prima  facie  evidence  of  a 
great  fraud  committed." 

The  beautiful  superstructure  erected  by  the  ingenuity  of  the 
gentleman  from  the  state  of  Indiana  was  adroitly  attacked  by 
the  wide-awake  member  from  the  state  of  Maine,  Mr.  Washburn: 

Mr.  Speaker,  not  only  is  all  this  testimony  ex  parte  (taken 
alone  by  one  party),  but  a  great  part  of  it  is  composed  of 
affidavits,  sworn  to  before  a  notary  public  who,  the  gentle- 
man says,  has  no  right  to  administer  an  oath  in  the  Ter- 
ritory of  Nebraska.  And,  Sir,  there  is  not  a  single  fact  upon 
which  he  relies  for  the  material  points  in  his  case,  but  what 
is  hearsay.  There  is  not  a  single  fact  of  importance  touch- 
ing the  precincts  of  Florence  and  Monroe  but  what  conies 
from  the  declarations  of  third  parties.  There  is  not  a 
scintilla  of  testimony  here  which  is  not  of  that  character; 
whereas  the  rebutting  testimony  is  that  of  witnesses  who 
lived  within  the  precinct,  and  who  were  sworn  and  cross- 
examined  and  stated  facts  within  their  knowledge.  The 
^sitting  delegate  did  not  see  fit  to  rely  upon  the  evidence 
of  the  runners  and  agents  of  the  contestant,  men  who 
lived  in  Omaha  and  could  know  nothing  certain;  but  he  went 
■to  Florence  and  to  Monroe  and  to  Cleveland  where  the  facts 
transpired.    He  took  the  testimony  of  the  men,  of  all  others 

in  the  world,  who  knew  exactly  all  the  facts  in  the  case. 

< 

In  reply  to  Davis  of  Maryland,  Mr.  Washburn  said: 

The  gentleman  piles  up  precedents  as  high  as  Olympus, 
but  I  will  never  receive  hearsay  testimony  to  affect  the 
rights  of  parties.  It  is  not  law,  it  is  not  sense,  and  indeed, 
Sir,  it  is  not  good  nonsense.  [Laughter.]  No  man  can  stand 
upon  it.  I  have  known  several  persons  of  the  surname  of 
Twist  and  Weller,  and  1  want  the  gentleman  to  inform  me 
whether  it  is  impossible,  or  even  improbable,  that  among 
all  the  Twists  there  is  not  an  Oliver,  or  among  all  the 
Wellers  there  is  not  a  Samuel?     [Laughter.]     And  if  so,  why 


TERRITORIAL    DELEGATES.  85 

may  they  not  be  in  Nebraska,  as  well  as  anywhere?  [Laugh- 
ter.] And  I  think  the  gentleman  is  getting  himself  into  a 
twist  very  fast.     [Laughter.] 

After  Mr.  Washburn  had  examined  precedents  and  testimony, 
he  was  followed  by  Mr.  Boyce  of  South  Carolina,  who  stated  that 
formerly  the  law  in  Nebraska  did  not  close  the  polls  at  6  p.  m.; 
that  the  young  men  working  at  Cleveland  Hotel  building  made 
their  homes  wherever  they  found  work;  that  there  were  nearer 
one  hundred  than  merely  forty  resident  voters  at  Monroe  and 
that  fifteen  votes  were  cast  at  Florence  after  six  o'clock.  Many 
other  members  participated  in  the  discussion,  and  when  it  was 
closed,  "confusion  so  confounded''  led  to  an  effort  to  declare 
the  seat  vacant,  and  finally  a  compromise  laid  the  whole  subject 
on  the  table,  leaving  Ferguson  in  the  chair;  and  the  day  before 
the  session  and  Congress  closed,  a  resolution  passed  awarding 
Chapman  six  thousand  dollars,  salary  and  mileage.  Thus  endeth 
the  second  contest. 

From  the  number  of  bills  introduced  and  arguments  made 
before  the  committees  on  Public  Lands,  Indian  Affairs,  Judi- 
ciary, Public  Buildings,  and  others,  there  is  every  reason  to 
believe  that  the  legislature  did  not  overestimate  the  "capacity, 
integritv,  and  fidelity"  of  their  delegate. 


86  NEBRASKA    STATE    HISTORICAL   SOCIETY. 


EXPERIEN<  E  ESTABROOK. 

Oct.  11,  1859  (election)  to  May  13,  I860. 

Mr.  Estabrook  was  born  in  181  •">  in  the  stale  of  New  Hamp- 
shire. At  the  age  of  forty-two  years,  in  1855,  he  settled  in  the 
Territory  of  Nebraska.  He  was  a  student  of  Dickinson  College, 
Pa.,  and  a  law  student  of  Chambersburg,  in  the  same  stale. 
He  graduated  in  1839.  His  time  was  occupied  as  a  clerk  at 
the  Brooklyn  navy  yard  for  a  short  time,  as  an  attorney  at 
Buffalo,  N.  Y.,  for  one  year,  and  fifteen  years  at  Geneva  Lake, 
Wisconsin.  His  elections  were:  Attorney  General  of  Wisconsin, 
member  of  the  Wisconsin  legislature,  and  member  of  the 
Nebraska  Constitutional  Convention  of  1871.  His  appointments 
were:  Attorney  General  of  Nebraska  by  President  Pierce,  1855, 
and  Commissioner  for  Codification  of  Laws  of  Nebraska,  1871.  A 
good  citizen  and  an  honorable  lawyer  may  become  his  epitaph. 

On  the  18th  day  of  May,  18(50,  Mr.  Campbell  of  Ohio,  from  the 
committee  on  elections,  called  up  the  following  resolutions: 

Resolved,  That  Experience  Estabrook  is  not  entitled  to 
the  seat  as  delegate  from  the  Territory  of  Nebraska  to  the 
Thirt3r-sixth  Congress  of  the  United  States. 

Resolved,  That  Samuel  G.  Daily  is  entitled  to  the  seat  as 
delegate  from  the  Territory  of  Nebraska  to  the  Thirl  y-sixth 
Congress  of  the  United  States. 

This  was  a  unanimous  report,  agreed  upon  alike  by  Democrats 
and  Republicans.  Mr.  Estabrook  belonged  to  the  former  and 
Mr.  Daily  to  the  latter  party.  The  election  had  taken  place  on 
October  11,  185!).  The  canvassing  board  gave  Mr.  Estabrook 
3,100  voles  and  Mr.  Daily  2. SOU,  or  a  majority  for  Estabrook  of 
300  votes.  Of  these  202  were  reported  coming  from  Buffalo 
County,  but  of  that  number  238  were  cast  in  Kearney  City  which 
is  not  in  the  county  of  Buffalo.  Mr.  Campbell  said:  ''The  testi- 
mony discloses  llie  tact  that  there  were  not  over  eight  houses,  not 
over  fifteen  residents,  and  not  one  acre  of  cultivated  land,  or  a 


TERRITORIAL    DELEGATES.  87 

farm  house  in  the  neighborhood  of  Kearney  City.  Nor  was 
Buffalo  County  organized."  Therefore  "the  entire  vote  was 
rejected  as  illegal  and  spurious."  All  of  the  spurious  votes  were 
given  to  Estabrook  and  not  one  to  Daily.  The  vote  of  Calhoun 
County  was  rejected  because  it  was  attached  for  voting  purposes 
to  Platte  County,  and  though  having  only  two  families  in  the 
northwest  and  four  in  the  southeast  part,  had  returned  thirty- 
two  votes,  twenty-eight  for  Estabrook  and  four  for  Daily.  Mr. 
Campbell  said: 

As  to  the  vote  of  Izard  County,  the  committee  rejected 
the  twenty-one  votes  cast  for  the  sitting1  member,  and  the 
three  cast  for  the  contestant,  as  the  entire  vote  purporting* 
to  have  been  polled  in  that  county  was  a  fraud,  and  that  no 
such  vote  was  ever  polled.  *  *  *  If  there  had  been  any 
settlers  there,  if  there  had  been  one  acre  of  cultivated  land, 
if  there  had  been  a  single  voter  in  the  county,  if  there  had 
been  an  election  precinct,  and  if  there  had  been  officers 
who  held  an  election  there,  how  easy  it  would  have  been  for 
the  sitting'  delegate,  after  full  notice,  to  have  brought  one 
of  these  twenty-four  voters,  one  of  these  election  officers, 
to  show  that  there  was  a  settlement  and  that  an  election 
had  been  held  and  that  there  were  votes  cast  in  the  county 
of  Izard. 

In  L'Eau-qui-Court  County,  128  votes  were  reported,  all  for 
Mr.  Estabrook,  while  a  member  of  the  legislature  swore  that 
there  were  only  from  thirty  to  thirty-five  votes  in  the  county. 
The  names  of  members  of  Congress  were  entered  on  the  poll 
book  as  Howell  Cobb  and  Aaron  V.  Brown,  and  two  messengers 
who  procured  a  copy  of  the  poll  book  from  the  clei'k  were  mobbed 
by  parties  who  declared,  "as  they  were  parties  to  the  fraud,  they 
would  never  suffer  any  evidence  of  it  to  leave  the  county.*' 
These  figures  of  128  were  reduced  to  sixty,  and  a  majority  of 
119  votes  were  awarded  to  the  contestant  on  a  final  adjustment 
of  all  the  votes  cast.    In  conclusion,  Mr.  Campbell  said. 

The  learned  and  able  members  of  the  committee  who 
are  friends  to  the  sitting  delegate, — and  I  trust  all  the  mem- 
bers of  the  committee  were  disposed  to  do  that  which  was 
simply  right, — could  not  find  in  the  case  evidence  enough 
to  found  a  minority  report  on. 


88  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

Mr.  Estabrook  desired  to  make  a  motion  to  recommit  the  case 
to  the  committee.    Mr.  Campbell  said: 

The  motion  which  the  gentleman  is  about  to  make  has 
been  made  in  the  house  once,  and  rejected  there,  or  referred 
to  the  committee  of  elections,  and  argued  and  rejected 
there. 

Mr.  Gartrell  desired  the  sitting  member  should  have  more  time, 
and  said: 

I  desire  to  say  in  justification  to  myself  that  while  I  voted 
in  favor  of  ousting-  the  sitting  delegate  and  giving  the  seat 
to  the  contestant,  I  did  so  upon  the  ground  that  the  record 
evidence  before  the  committee  disclosed  that  the  contestant 
was  clearly  elected.  I  did  not  vote  for  ousting  Mr.  Esta- 
brook with  any  idea  that  he  or  his  friends  in  Nebraska  had 
perpetrated  any  fraud. 

Finally,  when  Mr.  Estabrook  desired  to  speak  more  at  length 
on  some  other  day,  and  thought  he  could  clear  the  Territory  of 
charges  of  fraud,  and  admitted  that  "there  always  is  irregularity 
on  the  frontier  and  you  ought  not  to  hold  the  frontiers  of  the 
country  to  the  strict  rules  of  law,"'  the  House  desired  him  to 
close  his  remarks  at  that  time.  But  when  he  declined  to  do  so 
the  final  question  was  ordered,  and  Mr.  Daily  was  sworn  in  on 
the  18th  of  May,  1860.  That  being  the  date  of  the  convention 
that  was  to  nominate  Mr.  Lincoln,  Mr.  Estabrook  exclaimed,  "I 
thank  the  House  for  making  me  a  sacrifice  to  the  gods  of  the 
Chicago  convention."    Thus  endeth  the  third  contest. 


TERRITORIAL    DELEGATES.  89 


HON.  SAMUEL  G.  DAILY. 

Samuel  G.  Daily  of  Indiana  effected  a  settlement  at  Peru, 
Nemaha  County,  Nebraska,  in  1857;  and  before  the  permanent 
organization  of  the  Republican  party  in  the  Territory,  was  free 
to  avow  his  utter  hostility  to  the  institution  of  American  slavery. 
One  year  prior  to  this,  the  first  National  Republican  Convention 
assembled  in  Philadelphia,  Pa.,  and  nominated  for  president 
John  C.  Fremont,  and  for  vice-president  William  L.  Dayton  of 
New  Jersey;  while  a  remnant  of  the  old  Whig  party  nominated 
ExJ?resident  Millard  Fillmore  of  New  York.  Mr.  Daily  had 
thoroughly  adopted  the  doctrines  of  the  platform : 

That  we  deny  the  authority  of  congress  or  of  a  terri- 
torial legislature,  or  of  any  individual  or  association  of  indi- 
viduals, to  give  legal  existence  to  slavery  in  any  territory 
of  the  United  States  while  the  present  constitution  shall 
be  maintained. 

That  the  constitution  confers  upon  Congress  sovereign 
power  over  the  territories  of  the  United  States  for  their 
government,  and  that  in  the  exercise  of  this  power  it  is  both 
the  right  and  duty  of  Congress  to  prohibit  in  the  territories 
those  twin  relics  of  barbarism — polygamy  and  slavery. 

Ready  and  willing  to  do  all  in  his  power  in  aid  of  these  prin- 
ciples, he  was  elected  to  the  territorial  legislature  in  1858,  and 
as  a  delegate  in  Congress  contested  the  election  of  Mr.  Estabrook 
in  1859.  In  1860  he  was  a  candidate  for  Congress,  subsequent 
to  Mr.  Lincoln's  nomination,  and  made  a  very  thorough  canvass 
of  the  Territory  with  Mr.  Morton,  his  democratic  opponent.  In 
1862  he  succeeded  in  defeating  Judge  J.  F.  Kinney  of  Nebraska 
City,  and  closed  a  third  term  in  Congress. 

On  his  retirement,  Mr.  Lincoln  gave  him  the  appointment  of 
deputy  collector  of  the  port  of  New  Orleans,  where  he  died  in 
September,  1865. 


1MI  NEBRASKA    STATE    HISTORICAL    SOCIETY. 


J.  STERLING  MORTON. 

Nov.  :;,  I860  (certificate  of  election)  to  May  7,  ls(>2  (cessation 

of  privileges). 

Although  his  name  was  never  entered  on  the  rolls  of  the 
House  of  Representatives  in  Congress,  the  history  of  Nebraska 
and  a  manual  published  by  the  legislature  in  1885  speak  of  him 
as  elected  to  Congress.  The  contest  in  which  he  figured  in  the 
first  session  of  the  thirty-seventh  Congress,  was  the  most  remark- 
able in  the  past  history  of  the  government.  He  was  then  under 
thirty  years  of  age,  and  already  stood  so  high  in  the  confidence 
of  his  party  leaders  that  such  men  as  Pendleton  of  Ohio,  Voor- 
hees  of  Indiana,  and  Richardson  of  Illinois  became  his  cham- 
pions. The  latter,  who  had  been  governor  of  Nebraska  for  one 
year,  said  of  him: 

I  know  him;  I  will  say  of  him  that,  of  all  the  yonng-  men 
in  the  country,  and  I  am  familiar  with  a  great  many  of 
them,  he  has  the  greatest  intellect  and  the  most  promising 
future.  I  pass  this  compliment  upon  him;  I  have  known  him 
for  years,  and  I  have  watched  him  well.  Beyond  the  Ohio 
River  there  is  not  a  brighter  intellect.  Gentlemen,  you  will 
hear  of  him  hereafter:  mark  my  words. 

And  1  will  say  of  Mr.  Daily — and  I  say  it  with  pleasure — 
that  he  is  a  clever  gentleman.  He  was  a  member  of  the  leg- 
islative assembly  when  I  was  governor  of  Nebraska  Terri- 
tory. I  found  him  ready  to  support  me  at  all  times  in  the 
vindication  of  the  law,  and  in  everything  calculated  to  con- 
fcribute  1o  the  welfare  and  prosperity  of  the  country.  I 
am  not  here,  Mr.  Speaker,  to  say  one  word  offensive  to  him. 
But  I  do  think  that  the  American  House  of  Representatives 
have  committed  an  outrage  in  permitting  the  Governor 
of  the  Territory,  in  violation  of  his  oath,  in  violation  of  his 
duty,  and  in  violation  of  every  trust  reposed  in  him,  to 
unseat  a  delegate,  as  has  been  done  in  this  case. 

Mr.  l>aily  had  also  the  aid  of  true  political  friends.  They  had, 
iu  ;t  previous  Congress,  ousted  a  Democrat  and  seated  him, — the 
political   excitement    was   intense, — and   now    that   he    came   a 


TERRITORIAL    DELEGATES.  01 

second  time  claiming  the  right  to  cast  another  garland  upon  the 
altar  of  the  newly  enthroned  Republican  divinity,  the  admiration 
was  shared  between  the  gift  and  the  donor.  They  pointed  to  his 
superior  skill  in  strategy,  admired  his  bold  aggressiveness,  and 
held  him  not  too  rigidly  to  the  rules  of  rhetoric  or  the  amenities 
of  debate. 

On  the  9th  day  of  October,  1860,  the  election  for  delegates  took 
place.  On  the  3rd  of  [November,  1860,  a  certificate  of  election 
was  issued  to  J.  Sterling  Morton,  declaring  him  as  having  re- 
ceived the  largest  number  of  votes,  and  concluding,  "this  shall 
be  the  certificate  of  the  said  election  as  delegate  to  Congress,  to 
the  thirty-seventh  Congress  of  the  United  States."  The  canvass 
of  votes  was  made  by  the  governor,  chief  justice,  and  district 
attorney,  as  required  by  law.  Six  months  thereafter,  unknown 
to  the  chief  justice  and  attorney,  without  any  re-canvass,  or 
sending  of  it  to  the  secretary  of  state  for  legal  record,  Governor 
Black  issued  a  certificate  of  election  to  Mr.  Daily,  the  opposing 
candidate,  after  Mr.  Daily  had  months  before  been  taking  testi 
niony  to  contest  Mr.  Morton's  right  to  the  seat  in  Congress.  The 
reason  given  for  this  act  was.  that  fraudulent  votes  had  been 
discovered  to  the  amount  of  122,  the  deduction  of  which  from 
Morton's  vote  elected  Daily.  The  governor  enjoined  secrecy 
upon  Mr.  Daily,  saying  that  he  owed  Morton  money,  for  which 
he  was  being  hounded,  and  if  made  known  his  departure  from 
the  state  might  be  obstructed. 

The  second  certificate,  attempting  to  revoke  the  first,  was 
dated  April  20,  1861,  and  as  there  was  an  extra  session  of  Con- 
gress to  commence  July  1,  1861.  that  date  would  necessarily 
cause  its  publication.  Mr.  Daily  stated  to  the  House  that,  to 
avoid  apparent  undue  secrecy  when  on  his  way  east  to  Congress, 
he  telegraphed  an  eastern  paper  of  the  fact  of  a  new  certificate- 
But  Mr.  Morton  never  saw  the  announcement;  and  arrived  in 
Washington  on  the  supposition  that  he  was  a  member  of  Con- 
gress. The  former  private  secretary  of  Governor  Black  i  March 
4,  1862)  having  made  an  affidavit  of  his  copying  the  Daily  certifi- 
cate for  the  governor,  "after  he  (Black)  had  been  removed  from 


02  NEBRASKA  STATE   HISTORICAL  SOCIETY. 

the  governorship  of  Nebraska  and  Alvin  Saunders  had  been 
appointed,"  made  an  explanatory  affidavit  in  the  interests  of 
Mr.  Daily  April  30,  18C2,  in  which  he  said  he  only  intended  by 
the  word  removed  to  say  that  it  was  after  his  removal  so  far  as 
the  appointment  of  Governor  Saunders  removed  him,  but  he 
was  the  governor  up  to  the  time  he  left  the  Territory.  Not  to 
be  outdone  by  this  flank  movement,  Mr.  Morton  showed,  by  a 
letter  of  the  Secretary  of  the  Interior,  "that  Mr.  Pentland  was 
appointed  a  temporary  clerk  in  the  general  land  office  March 
15,  1862,  on  the  recommendation  of  Hon.  S.  G.  Daily  of  Nebraska 
Territory,"  implying  thereby  that  Pentland  was  under  obliga- 
tions to  Mr.  Daily.  This  was  parried  by  the  assertion  that  high 
government  officials  of  Pennsylvania  had  recommended  Mr.  Pent- 
land. When,  in  connection  with  the  Daily  certificate,  it  was 
asserted  that  Mr.  Daily  had  purchased  the  horse  and  carriage  of 
Governor  Black,  as  though  "one  good  turn  deserved  another,"  he 
admitted  the  purchase,  but  said  he  got  them  one  hundred  dollars 
under  their  true  cash  value.  On  the  subject  of  the  second 
certificate  of  election,  Mr.  Morton  said  in  opening  his  speech  in 
th^  House: 

He  did  this  because  he  hated  and  desired  to  injure  me. 
It  was  the  vengeance  of  an  assassin  and  a  coward  wreaked 
upon  one  who  had,  by  loaning  him  hundreds  of  dollars, 
saved  him  and  his  family  from  shame  and  mortification, 
saved  even  their  family  carriage  from  public  auction  at  the 
hands  of  the  sheriff.  Mr.  Black  owed  me  money  and  became 
indignant  because  I,  after  he  had  enjoyed  for  three  years 
the  use  of  a  few  hundred  dollars,  which  he  had  borrowed  to 
return  in  three  days,  pressed  him  for  payment. 

How  this  revoked  certificate  got  on  the  house  roll  was  stated 
by  Mr.  Daily  in  answer  to  Voorhees  of  Indiana: 

I  went  to  Col.  Forney,  then  clerk  of  the  House,  presented 
my  certificate  to  him,  and  told  him  to  read  it  and  to  con- 
sider whether  it  was  proper  or  wrong;  and  if  proper  to  put 
my  name  on  the  roll,  and  if  wrong  to  put  Mr.  Morton's 
name  on  the  roll.  I  told  him  Morton  had  another  certifi- 
cate, as  he  would  see  by  the  reading  of  mine;  but  when  he 
read  it,  he  said  that  a  man  who  had  been  imposed  upon  by 


TERRITORIAL    DELEGATES.  93 

fraud  had   a  right   to   correct  his   own  act,   as  he  thought 
Black  had  done  in  this  case. 

The  first  rote  taken  in  this  ease  was  upon  a  motion  to  sub- 
stitute the  name  of  J.  Sterling  Morton  for  that  of  Samuel  G. 
Daily,  which  was  lost,  and  Mr.  Daily  was  sworn  in  on  the 
second  day  of  the  extra  session,  July  5th,  1861.  The  second  vote 
involved  a  refusal  to  recognize  Mr.  Morton  as  a  sitting  member 
pending  the  contest,  which  carried  the  case  over  to  the  next 
session  of  Congress. 

As  this  was  the  fourth  contest  in  succession  from  Nebraska, 
members  were  reluctant  to  enter  upon  its  settlement,  only  that 
the  two  certificates  for  the  same  election  gave  it  a  novel  char- 
acter. It  was  the  true  policy  of  Mr.  Morton  to  be  respectful  and 
conciliatory  toward  the  majority,  and  hence  he  spoke  of  the 
mistake  the  House  made  in  not  allowing  him  to  be  sworn  into 
the  organization.  But  it  was  the  policy  of  Mr.  Daily  to  keep 
the  majority  in  line,  and  hence  his  course  of  procedure  to 
prejudice  the  House  against  his  opponent.  The  war  raging, 
and  the  very  existence  of  the  Union  in  peril,  if  the  stigma  of 
rebel  could  be  attached  to  Mr.  Morton's  name,  frauds  against 
such  an  one  would  be  hailed  as  blessings  in  disguise.  But  when 
Mr.  Daily  asserted  that  he  had  a  letter  from  a  Democrat,  a 
captain  in  the  army,  who  said  Mr.  Morton  "sympathized  with 
Southern  traitors,"  Mr.  Morton  exclaimed: 

I  have  simply  to  say  this,  that  towards  the  close  of  the 
Thirty-sixth  Congress,  when  the  nation  itself  seemed  in  the 
convulsions  of  dissolution,  when,  amid  the  roar  and  din  of 
assembling  armies,  I  heard  the  voice  of  the  venerable  gentle- 
man of  Kentucky  (Mr.  Crittenden)  sounding  calmly  and 
grandly  over  and  above  all  the  terrible  tumult,  saying  unto 
the  waves  of  sectional  strife,  "Peace,  peace,  be  still,"  I 
caaight  the  words  and  echoed  them  even  upon  the  far-off 
prairies  of  Nebraska.  If  that  may  have  been  disloyalty, 
then  I  am  disloyal;  if  that  may  have  been  treason,  I  am 
proud  to  be  called  a  traitor, — a  Crittenden  traitor. 

Mr.  Daily:  "Will  the  gentleman  please  close  with  prayer?" 
Be  would  make  no  charges  himself,  but  would  send  up  the 
letter.    Members  declared  it  personal  and  not  in  order. 


J)4  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

Mr.  Johnson:  "I  think  the  House  has  been  sufficiently  dis- 
graced with  ihis  scene  already,  and  I  object  to  it." 

Each  of  the  gentlemen  was  an  adept  at  evasion  and  retort. 
In  a  running  debate  with  Yoorhees  of  Indiana,  Mr.  Daily  ex- 
claimed: 

While  the  lamp  holds  out  to  burn, 
The  vilest  sinner  may  return, 

and  when  Mr.  Lovejoy  said,  "I  feel  bound  to  interpose  in  behalf 
of  the  scriptures,"  Mr.  Daily,  unabashed,  continued: 

M  is  good  doctrine  anyway.  It  ought  to  be  there  if  it  is  ' 
not.  I  have  read  Watts  and  the  Bible  so  much  together  that 
I  sometimes  mistake  one  for  the  other.  [Laughter.]  Now  I 
would  say  further  in  regard  to  Governor  Black,  he  was  an 
appointee  of  Mr.  Buchanan.  The  marshal  and  the  secretary, 
Mr.  Morton,  were  also  Buchanan  men.  They  were  all  Breck- 
enridge  Democrats;  and  a  large  majority  of  them  are  now 
in  the  rebel  army.  But  Mr.  Black,  when  the  national  diffi- 
culty arose,  broke  friendship  with  these  old  friends,  and 
went  back  to  his  native  town  of  Pittsburg  where  he  raised 
a  tine  regiment,  and  we  heard  of  him  the  other  day  as  the 
first  man  to  enter  the  enemy's  works  at   Yorktown. 

Mr.  Morton: 

1  think  he  would  have  been  the  second  man  in,  if  there 
was  as  certain  knowledge  that  there  was  whiskey  there,  as 
I  here   was   thai    there   was   no  enemy  there. 

Mr.  Daily,  knowing  what  a  center  thrust  this  was  in  the 
knowledge  of  all  Nebraskans,  and  that  the  House  was  ignorani 
of  its  terrible  point,  indignantly  answered,  "That  shows,  Mr. 
Speaker,  the  character  of  men.     I  do  not  reply  to  it." 

.Mr.  Daily,  having  passed  a  pleasant  eulogy  upon  a  witness, 
whose  character  when  attached  had  been  sustained  by  twenty 
of  his  neighbors,  received  the  following  from  Mr.  Morton: 

The  cabinel  of  Jeff  Davis  could.  I  have  no  doubt,  impeach 
the  loyalty  of  tins  congress,  cabinet,  and  president,  and  sub- 
stantiate their  own,  before  any  tribunal  in  Richmond;  the 
inmates  of  a  penitentiary  establish  among  themselves  their 

purity  and   the  wickedness  of  tl uter  world;    and   the  little 

imps   in   Tartarus  would    attest    the   virtue   of   Satan   ami    im- 
peach the  court  of  heaven  that  banished  him. 


TERRITORIAL    DELEGATES.  95 

Inasmuch  as  this  contest  was  never  decided  on  its  merits,  it 
matters  but  little  that  the  analytic  arguments  of  distinguished 
members  should  be  omitted,  and  only  a  mere  synopsis  of  those 
of  the  contestant  and  sitting  member  be  given.  The  speech  of 
Mr.  Morton  was  first  in  order,  and  announced  the  consequence 
of  the  committee  being  bound  by  the  prima  facie  action  of  the 
House: 

My  conclusion  must  naturally  and  logically  follow  that 
the  best  manner  to  become  a  member  of  Congress  with 
safety,  securit}*,  and  celerity,  is  not  to  become  a  candidate 
before  the  people  at  all,  but  quietly  to  go  to  the  private 
residence  of  some  governor  of  small  means,  easy  virtue,  and 
extravagant  habits  and  purchase  a  certificate  of  election, 
being  well  assured  that  it  is  positively  the  last  one  to  be 
issued,  come  here  and  secure  the  affections  of  the  clerk 
of  the  House  by  some  means,  and  if  he  is  a  bold  man,  and 
an  anxious  candidate  for  re-election,  your  name  will  be  put 
upon  the  roll-call  of  the  members  and  you  will  be  sworn  in, 
safety  in,  seated  upon  live  oak  and  green  morocco,  to 
enjoy  all  the  honors  and  perquisites  arising  therefrom,  for 
the  period  of  two  years. 

Taking  up  the  case  of  L'Eau-qui-Court  county,  where  one 
hundred  twenty-two  votes  were  thrown  out  of  his  count,  on  the 
testimony  of  four  witnesses,  Mr.  Morton  referred  to  evidence  in 
which  Mr.  Westernian  said  that  in  consideration  of  the  testi- 
mony which  they  were  to  give  in  behalf  of  Samuel  G.  Daily, 
"I  agreed  to  pay  W.  W.  Walford  one  hundred  dollars  and  Heck 
fifty  dollars."  He  further  showed  that,  in  a  case  in  Dakota 
Territory,  subsequently,  this  same  Westerman  gave  as  a  reason 
why  the  witness  Walford  should  not  be  believed  upon  oath. 
that  he  was  a  hired  witness  in  Nebraska;  and  of  the  fourth 
one,  Cox,  he  said,  "He  tendered  his  services  to  me  as  an  itinerant 
witness,  but  I  declined  to  negotiate,  and  within  a  week  he 
turned  up  as  a  witness  for  Mr.  Daily." 

When  it  was  charged  that  the  vote  of  the  county  for  him  was 
greater  than  the  whole  population,  he  showed  that  since  the 
election  a  part  of  the  county  had  been  set  off  to  the  Territory  of 
Dakota,  and  a  new  census  taken.     Of  twenty  votes  denied  him 


9G  NEBRASKA  STATE  HISTORICAL  SOCIETY. 

in  Monroe  precinct,  Platte  County,  because  some  were  of  citizens 
upon  a  reservation,  he  claimed  they  were,  nevertheless,  citizens 
of  Nebraska,  and  such  residents  had  been  entitled  to  vote  in 
the  nearest  adjacent  precinct,  by  a  recent  legislative  enactment. 
Of  thirty-nine  votes  from  Buffalo  County,  he  claimed  that  the 
sworn  records  of  the  county  showed  organization  and  hence  the 
vote  valid.  In  Rulo  precinct,  Richardson  County,  where 
ninety  votes  were  cast  for  Morton  and  the  committee  deducted 
twenty  for  want  of  residence  in  the  precinct,  he  claimed  that 
custom  allowed  them  to  vote  in  any  precinct  where  they  might 
be  on  the  day  of  election,  and  further  said: 

Perceive  that  while  they  are  painfully  careful  to  deduct 
twenty  votes  from  me,  they  are  felicitously  forgetful  of  the 
nine  votes  which  they  admit  should  be  deducted  from  those 
returned  for  Mr.  Daily. 

Falls  City  precinct  returned  one  hundred  and  four  votes 
for  Mr.  Daily.  The  ballot  box,  unsealed,  was  for  hours  in 
the  hands  of  a  person  out  of  the  possession  or  sight  of  the 
election  board.  It  is  proved,  too,  handfuls  of  ballots  were 
taken  out  of  the  box  by  a  political  friend  and  supporter  of 
Mr.  Daily's  and  others  put  in  their  place  by  the  same  person. 
The  whole  104  votes  returned  from  Falls  City  should  be 
thrown  out.  If  L'Eau-qui-Court  is  thrown  out  the  former 
certainly  must  be.    If  both  go  out,  I  am  elected. 

Mr.  Noble  of  Ohio: 

Mr.  Speaker,  I  have  been  acquainted  with  that  judge  and 
his  associates  a  great  while.  Where  they  lived  before  they 
went  there,  they  would  neither  be  believed  on  oath,  nor  be 
entrusted  with  anything.  I  could  relate  instances  of  fraud 
above  anything  I  ever  knew,  during  an  active  practice  of 
over  twenty  years. 

Mr.  Morton  presented  in  evidence  an  act  of  the  Nebraska 
legislature,  since  the  commencement  of  the  contest,  legalizing 
the  first  organization  of  Pawnee  County,  and  claimed  that  he 
lost  thirty-nine  votes  in  Buffalo  County  on  a  charge  of  non- 
organization,  while  in  a  county  of  the  same  condition,  his 
opponent  gets  one  hundred  of  a  majority.  He  claimed  that  the 
law  was  not  observed  in  Clay  and  Gage  counties  and  in  the 


J.  STERLING  MORTON,  1890. 


TERRITORIAL    DELEGATES.  97 

precincts  of  Otoe  and  Wyoming  in  Otoe  County,  and  that  the 
clerks  of  Dodge,  Cass,  Nemaha,  Lancaster,  Johnson  and  Wash- 
ington made  no  abstract  of  votes,  as  the  law  required,  and  the 
minority  report  claimed  they  should  be  thrown  out.  He  argued 
in  conclusion,  that  to  enforce  the  law  as  it  had  been  construed 
against  himself,  would  reduce  Mr.  Daily's  vote  two  hundred 
and  ninety-four.  Mr.  Morton  concluded:  "Thanking  the  House 
for  its  courteous  attention,  I  submit  the  case  for  its  determina- 
tion." 

As  L'Eau-qui-Court  county  was  the  objective  point  of  attack, 
Mr.  Daily  approached  it  promptly: 

Knowing  the  means  that  they  would  resort  to,  while  going 
through  the  canvass  with  the  contestant,  I  said  to  him  that 
I  did  not  expect  to  get  the  certificate;  I  said  to  him  that 
these  officials  will  manage  affairs  so  that  when  it  is  ascer- 
tained how  many,  they  will  bring  from  some  place  nobody 
has  heard  of  before,  votes  enough  to  elect  you.  Sure  enough 
it  turned  out  as  I  predicted.  Neither  the  contestant  nor  I 
had  ever  heard  of  this  northern  precinct  of  L'Eau-qui-Court 
county;  but  it  was  from  that  precinct  that  a  vote  of  one 
hundred  twenty-two  came  in,  all  for  the  contestant,  and 
sufficient  to  elect  him.  But,  how,  let  me  ask,  were  those 
•one  hundred  twenty-two  votes  counted?  They  were  counted 
•contrary  to  law;  they  were  counted  contrary  to  the  evidence 
before  the  territorial  canvassers.  Now  how  did  the  terri- 
torial canvassing  board  know  that  there  was  any  vote  of 
that  kind?  Because  the  county  clerk  had  stated  to  them 
that  such  a  return  had  been  presented  to  and  rejected  by 
him;  and  because  he  rejected  it  they  counted  it.    [Laughter.] 

There  is  a  return  included  here,  called  Cottonwood 
Springs,  some  ninety  miles  beyond  Fort  Kearney,  of  some 
seventy  votes  for  Mr.  Morton,  which  I  did  not  go  to  the 
trouble  of  proving  fraudulent,  because  I  had  enough  to  do 
to  make  out  my  case  without.  I  now  dare  him  to  go  back 
upon  that  issue  (of  fraud)  to  the  Territory  and  I  will  show, 
beyond  a  doubt,  that  his  certificate  was  obtained,  counted, 
and  this  return,  which  Was  no  return,  counted,  without 
which  the  certificate  could  not  have  been  given,  by  means  of 
bribery,  that  the  certificate  was  caused  to  be  made  out  by 
the  appliances  of  bribery. 

Mr.  Morton: 

I  understand  the  sitting  delegate  to  say  that  he  is  willing 

8 


98  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

upon  these  certificates  to  go  again  before  the  people  of  Ne- 
braska and  try  the  contest  there.  I  am  willing  to  accept 
thai   proposition.  . 

Mr.  Daily: 

No,  Sir;  at  the  next  election  in  that  Territory  I  will  con- 
sent to  that  trial  again.  I  am  speaking  simply  of  these  cer- 
tificates,  which,  1  repeat,  have  nothing  whatever  to  do  with 
the  merits  of  the  case. 

Mr.  Daily  stated  that  the  witnesses,  who  received  $150  for 

coming  to  Omaha  to  testify,  traveled  two  hundred  fifty  miles 

and  were  over  sixty  days  making  the  trip.     He  claimed  that 

Morton  had  votes  counted  for  him  in  Platte  County,  from  the 

Indian  Reservation,  bv  men  who  took  the  oath  on  the  condition 

that  the  Reservation  was  found  to  be  in  Monroe  precinct.     As 

the  chairman  of  the  committee  was  to  close  the  debate  in  behalf 

of-  Mr.  Daily,  it  allowed  the  sitting  delegate  to  disport  himself 

at  will  among  the  multitudinous  questions  raised  during  the 

discussion. 

My  friends  are  very  impatient,  and  I  must  hurry  to  a  con- 
clusion. There  are  a  great  many  things  with  regard  to  this 
case  which  I  would  take  delight  in  talking-  about,  because 
I  tell  you  that  it  reeks  with  the  greatest  fraud,  and  chican- 
ery, and  trickery  that  ever  was  concocted  in  the  darkest 
hours  of  the  night  amid  the  infernal  regions  below,  or  that 
ever  could  be  concocted  by  Democratic  officials  under  James 
Buchanan  to  carry  the  day  in  the  territory,  right  or  wrong. 
[Much   laughter.] 

Mr.  Yoorhees: 

Inasmuch  as  this  line  of  remark  is  indulged  in,  I  shall 
say  to  gentlemen  upon  the  opposite  side  of  the  house,  that 
with  this  country  filled  and  reeking  from  side  to  side  with 
frauds  committed  by  high  officials  of  the  present  adminis- 
tration, it  comes  with  a  bad  grace  from  them  to  say  one 
word  about  frauds  that  have  been  committed  in  times  past. 

Mr.  Daily: 

Oh,  I  hope  these  frauds  are  not  to  be  brought  into  this 
case.  Cod  knows  there  was  enough  fraud  in  the  Nebraska 
cisc  on  the  part  of  the  contestant  without  bringing  in  all 
the  frauds  about  horse  contracts. 

Now,  Mr.  Speaker,  I  am  constrained  out  of  mercy  for  the 
house,  so  Jong  bored  by  this  case,  to  close  this  argument. 


TERRITORIAL    DELEGATES.  99 

Following  the  closing  speech  of  Mr.  Daus,  on  motion  of  Mr. 
Washburn,  a  friend  of  Mr.  Daily,  the  whole  subject  was  laid 
upon  the  table  by  a  vote  of  sixty-nine  to  forty-eight.  So  the 
contest  was  never  decided,  but  Mr.  Daily  held  the  seat  under 
the  second  certificate.  The  privileges  of  Mr.  Morton  ceased 
May  7,  1862. 


100  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


HON.  P.  W.  HITCHCOCK.1 

Into  the  political  campaign  of  1864,  as  republican  candidate 
for  delegate  in  Congress,  Mr.  Hitchcock  entered  unconditionally 
and  hopefully.  No  man  went  beyond  him  in  an  endorsement  of 
Mr.  Lincoln's  sublime  prophecy  that,  "The  mystic  chords  of 
memory,  stretching  from  every  battlefield  and  patriot  grave  to 
every  living  heart  and  hearthstone  all  over  this  broad  land,  will 
yet  swell  the  chorus  of  the  Union,  when  again  touched,  as  surely 
they  will  be,  by  the  better  angels  of  our  natures."  Having 
been  a  delegate  to  the  convention  and  voted  for  Mr.  Lincoln's 
first  nomination,  and  having  heartily  approved  his  official  acts, 
and  under  his  appointment  acted  as  United  States  marshal  for 
four  years,  it  became  more  than  a  mere  pleasure,  a  positive  duty, 
to  advocate  his  re-election. 

The  Democratic  candidate  was  General  George  B.  McClellan, 
a*  splendid  officer  and  pure  patriot,  who  had  been  deemed  too 
•slow  by  the  radical  Republicans  and  too  conspicuous  for  the 
scheming  politicians.  After  the  asperity  of  the  war  was  subsid- 
ing Ben:  Perley  Poor,  a  Republican  author,  said  of  him:  "General 
McClellan,  who  was  then  eulogized  as  a  second  Napoleon,  soon 
found  himself  'embarrassed'  By  men  who  feared  that  he  might 
become  president  if  he  conquered  peace."  He  was  also  im- 
pressed with  this  presidential  idea  by  pretended  friends  who 
had  fastened  themselves  upon  him,  and  "between  two  stools  he 
fell  to  the  ground." 

All  state  or  territorial  politics  were  overshadowed  in  the 
canvass  and  national  issues  predominated.  Mr.  Hitchcock  was 
elected  delegate  to  Congress  by  a  majority  of  one  thousand, 
while  Lincoln's  majority  in  the  United  States,  of  the  popular 
vote,  was  407,342,  and  of  the  electoral  college  over  McClellan, 
was  191.    Ten  states  were  in  revolt  and  not  represented. 

1  For  more  personal  details  of  the  life  of  Mr.  Hitchcock,  see  pub.  Nehr.  State  Hist. 
Soc,  first  series,  vol.  I.,  pp.  100-103. 


I 


TERRITORIAL    DELEGATES.  101 

The  circumstances  attending  the  advent  of  Mr.  Hitchcock  in 
public  life,  as  a  delegate  in  Congress,  were  monumental  as  to 
eras,  marking  the  returning  shadows  of  slavery,  and  the  dawn- 
ing glories  of  universal  freedom.  The  hour  in  which  he  re- 
sponded to  the  roll-call  of  ''Nebraska,"  the  newly  elected 
Speaker  of  the  House  emphasized  the  living  contrast: 

The  Thirty-eighth  Congress  closed  its  constitutional  ex- 
istence with  the  storm-cloud  of  war  still  lowering-  over  us; 
and,  after  a  nine  month's  absence,  Congress  resumes  its  leg- 
islative authority  in  these  council  halls,  rejoicing,  that  from 
shore  to  shore,  in  our  land,  there  is  peace. 

But  the  fires  of  civil  war  have  melted  every  fetter  in  the 
land  and  proved  the  funeral  pyre  of  slavery,  and  the  stars 
on  our  banner,  that  paled  when  the  states  they  represented 
arranged  themselves  in  arms  against  the  nation,  will  shine 
Avith  a  more  brilliant  light  of  loyalty  than  ever  before. 

In  the  membership  of  the  House  was  an  infusion  of  the  best 
young  blood  of  the  nation.  The  "Plumed  Knight"  of  Maine, 
James  G.  Blaine;  Roscoe  Conklin,  the  gorgeous,  of  New  York; 
the  sauve  and  well-poised  Samuel  J.  Randall,  of  Pennsylvania; 
the  scholarly  James  A.  Garfield,  of  Ohio;  the  chivalrous  N.  P. 
Banks,  of  Massachusetts;  with  a  long  list  of  compeers,  challeng- 
ing their  pre-eminence,  and  holding  the  scales  of  decision  in 
equal  balance.  Under  the  wig  and  upon  the  crutch  came  Thad- 
deus  Stephens,  the  invincible  old  commoner  of  Pennsylvania, 
wielding  the  war  club  of  leadership  in  the  style  of  a  Cromwell; 
while  bearing  the  motto,  "The  pen  is  mightier  than  the  sword," 
came  Brooks  of  New  York,  editor,  orator,  and  statesman.  It 
matters  not  that  a  delegate  in  Congress  may  be  of  finished 
education,  devoted  to  principles,  profound  in  the  science  of 
government  and  used  to  intellectual  sparring  in  stormy  debate, 
yet  he  is  barred  from  national  themes  and  confined  to  narrow 
and  material  lines  of  territorial  wants.  But  if  of  studious  habits 
and  sound  morals,  and  making  each  opportunity  a  stepping- 
stone  to  future  elevation,  the  confined  position  of  delegate  will 
not  prevent  the  acquisition  of  valuable  material  for  use  in  the 
Senate  or  House  of  Representatives. 

The   legislature   of   1865-6   charged   Mr.   Hitchcock   with   the 


102  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

presentation  of  memorials  asking  for  bounty  lands  for  Nebraska 
volunteers,  and  the  same  aid  for  the  Burlington  and  Missouri 
River  Railroad  as  that  accorded  to  the  Union  Pacific,  and  land 
grants  for  railroads  west  from  Nebraska  City  and  Brownville. 
Also  for  reimbursement  of  expenses  incurred  in  suppressing 
Indian  hostilities;  and  for  numerous  mail  routes. 

In  the  first  session  of  the  thirty-ninth  Congress,  of  his  own 
motion,  he  presented  bills  for  the  creation  and  construction  of 
a  penitentiary,  and  for  the  finishing  of  the  capitol  building; 
asked  that  internal  revenue  from  Nebraska  might  be  ap- 
propriated. To  faciliate  emigrant  travel  and  secure  a  western 
outlet  for  Nebraska  productions,  he  presented  a  bill  for  a  wagon 
road  from  Columbus  to  Virginia  City,  Montana.  To  save  the 
people  from  frauds  of  irresponsible  corporations  and  heartless 
cormorants  he  presented  and  advocated  before  the  appropriate 
committee  a  petition  for  "just  and  equal  laws"  respecting  inter- 
state insurances.  When  terror-stricken  emigrants  fled  before 
the  murderous  and  thieving  forays  of  Arapahoe,  Cheyenne, 
and  Sioux,  their  claims  for  remuneration  and  protection  were 
met  by  an  anticipating  effort. 
.  With  a  firm  faith  in  the  future  of  the  great  west  and  its  com- 
mercial demands,  the  Missouri  river  ready  for  heavy  transporta- 
tion, and  an  indomitable  enterprise  promising  to  make  the 
beautiful  central  prairie  state  the  railroad  checkerboard  of  the 
nation,  he  early  advocated  Omaha  and  Nebraska  City  for  posts 
of  delivery.  Bills  for  a  geological  survey  and  for  government 
buildings  at  Nebraska  City  were  deemed  advisable,  in  order 
that  concealed  treasures  might  be  disclosed,  and  for  the  accom- 
modation of  United  States  courts,  revenue  office  and  postal 
department. 

In  summing  up  the  results  of  the  first  session  of  the  thirty- 
ninth  Congress,  the  United  States  statutes  disclose  the  follow- 
ing state  of  facts:  Bills  passed  establishing  sixteen  post  routes; 
for  surveying  public  lands,  $25,000  appropriated;  for  territorial 
expenses,  f 26,500;  and  as  much  of  $45,000  as  the  secretary  of 
war  shall  deem  necessarv  to  reimburse  the  territory  for  ex- 


TERRITORIAL    DELEGATES.  103 

penses  incurred  in  the  suppression  of  Indian  hostilities  in  1804 ; 
and  for  the  removal  of  the  surveyor  general's  office  of  Wisconsin 
and  Iowa  to  Plattsniouth,  Nebraska.  There  was  also  found  due 
and  appropriated  for  Indian  tribes  in  Nebraska,  under  treaties, 
over  1100.000. 

Inasmuch  as  the  closing  session  of  the  thirty-ninth  Congress, 
closing  Mr.  Hitchcock's  term,  was  to  be  one  of  three  months 
only,  and  as  the  senator  and  delegate  from  Nebraska  were 
awaiting  admission,  but  little  business  was  pressed  upon  the  dele- 
gate; and  he  returned  from  the  position  three  days  before  the 
end  of  his  term,  while  the  proclamation  of  the  president, 
extinguishing  the  taper  of  the  Territory,  unveiled  the  star  of 
the  State. 

During  that  second  session,  however,  the  record  shows  the 
passage  of  an  act  allowing  an  annual  appropriation  of  internal 
revenue,  for  three  years,  aggregating  $40,000  for  penitentiary 
buildings,  |15,000  for  land  surveys,  and  an  allowance  for  a 
geological  survey,  with  $31,500  for  legislative  expenses.  In  his 
argument  before  the  various  house  committees  on  lands,  Indian 
affairs,  pensions,  claims,  post  offices,  appropriations,  commerce, 
agriculture  and  territories,  as  well  as  in  his  intercourse  with 
fellow  members,  he  manifested  good  capacity,  liberal  acquire- 
ments, commendable  devotion  to  duties,  with  gentility  of  deport- 
ment. From  the  remembrance  of  their  college  days,  it  was  no 
matter  of  astonishment  when  Garfield  met  him  in  the  house,  and 
subsequently,  Ingalls  in  the  senate. 


CHAPTER  III. 
THE   STATE   GOVERNORS. 


GOVERNOR  DAVID  BUTLER. 

David  Butler,  first  governor  of  the  state  of  Nebraska,  was 
born  in  the  state  of  Indiana  near  Blooming-ton,  Monroe  County, 
December,  1829.  At  that  time  in  the  west  educational  facilities 
were  so  very  indifferent  that  farmers'  sons  were  doomed  to 
enter  public  life,  very  generally  developed  more  by  application 
to  severe  toil  and  the  treasures  of  personal  experience,  than  by 
technical  scholastic  culture. 

Whether  superintendent  of  a  Wisconsin  stock  farm  before  of 
age,  or  assuming  the  charge  of  a  large  family  and  an  embarassed 
estate  on  the  death  of  his  father,  or  coming  out  of  the  financial 
crisis  of  1857  with  ''an  inheritance  of  loss,"  he  was  prepared 
for  new  ventures  and  future  encounters.  Arriving  in  Nebraska 
in  1858,  still  a  young  man,  little  did  he  suppose  that  iu  eight 
years'  time  he  would  be  enrolled  among  the  executives  of  states. 
Engaging  in  mercantile  pursuits  in  Pawnee  City  and  in  raising 
and  dealing  in  live  stock,  he  was  soon  established  as  a  persever- 
ing and  successful  man  of  business.  Efficiency  and  prominence 
soon  marked  him  for  a  leader,  and  prior  to  his  nomination  for 
governor  lie  had  served  three  years  in  the  legislature. 

According  to  the  provision  of  the  state  constitution,  the  first 
session  was  to  convene  on  the  Fourth  of  July,  1866;  and  tc 
this  body  was  delivered  the  first  message  of  the  first  governor  of 
the  new  state.  As  this  period  marks  an  era  in  our  political 
existence,  it  may  not  be  inappropriate  to  present  it  in  full: 

Gentlemen  of  the  Senate  and  House  of  Representatives:  In  ac- 
cordance with  a  time-honored  custom,  that  reaches  back 
to    the   beginning-  of    our   national   existence,    I    assume    the 

(104) 


DAVID  BUTLEK. 


STATE    GOVERNORS.  105 

privilege  of  addressing  the  first  senate  and  house  of  repre- 
sentatives, chosen  by  the  popular  will,  since  Nebraska  was 
elected  to  take  her  rank  as  one  of  the  sovereign  states  of 
the  Union.  The  position  in  which  Ave  stand  to-day  is  pecu- 
liar to  our  national  economy,  and  affords  an  instructive 
comment  upon  the  character  of  our  institutions  and  their 
adaptation  to  the  needs  of  a  progressive  people.  While  in 
a  territorial  condition,  we  have,  necessarily,  been  depend- 
ent upon  the  general  government  for  social  and  civil  pro- 
tection, for  the  appointment  of  our  executive  and  judicial 
officers,  and  for  annual  appropriations  to  defray  the  ex- 
penses of  a  territorial  government.  Now  that  the  rapid 
increase  of  our  population  and  the  proportional  develop- 
ment of  our  resources  have  given  us  sufficient  strength 
and  stability  to  dispense  with  the  temporary  guardianship 
afforded  by  the  Organic  Act  while  passing  our  minority  in 
the  family  of  the  Union,  we  propose,  quietly  and  peaceably, 
in  accordance  with  numerous  precedents  afforded  by  other 
states,  and  in  response  to  the  invitation  extended  to  us  by 
an  act  of  Congress  of  1864,  commonly  called  the  Enabling- 
Act,  to  take  upon  ourselves  the  responsibility  of  state  gov- 
ernment. 

The  auspices  under  which  we  ask,  at  the  door  of  Con- 
gress, for  admission  into  the  Union,  are  extremely  favorable 
to  our  future  happiness  and  prosperity.  The  tide  of  immi- 
gration, checked  for  a  season  by  the  disturbing  influences 
of  the  great  civil  war,  is  again  pouring  with  increased  mo- 
mentum over  the  western  banks  of  the  Missouri,  and  now, 
although  a  year  has  scarcely  elapsed  since  the  close  of  the 
rebellion,  our  population  has  probably  increased  one-third; 
our  prairies  have  been  taken  up  with  unexampled  rapidity 
by  enterprising  settlers,  and  herds  of  cattle  and  fields  of 
luxuriant  grain  change,  as  if  by  magic,  the  solitary  wilder- 
ness to  the  appearance  of  civilization. 

The  question  of  state  government,  as  it  has  been  submit- 
ted to  the  people,  has  not  been  sprung  precipitately  upon 
them.  No  exception  can  with  propriety  be  taken  to  the 
manner  in  which  it  has  been  brought  before  them.  It  has 
been  thoroughly  discussed;  first  by  the  territorial  legis- 
lature that  drafted  the  constitution,  then  by  the  press  and 
by  the  people  at  large,  and  the  result  of  the  vote  upon 
the  state  constitution  evinces  that  a  majority  of  the  people 
of  Nebraska  deliberately  prefer  the  rights  and  privileges 
appertaining  to  a  state  to  the  more  imperfect  organiza- 
tion of  a  territory.  The  objection  to  the  admission  of  Ne- 
braska by  Congress,  on  the  ground  of  a  scanty  population, 
cannot   be  urged  with  any   appearance  of  consistency.     At 


106  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

tin-  time  of  the  passage  of  the  "Enabling  Act"  by  Con- 
gress in  1S<>4,  the  population  of  Nebraska  was  estimated 
at  38,000.  As  no  accurate  census  has  been  taken  since  that 
time,  the  exact  increase  cannot  be  stated,  but  from  the 
returns  of  the  assessment  of  1865,  from  the  great  influx  of 
immigration  during  the  fall  of  1865,  and  the  spring  of  1866, 
and  from  the  number  of  votes  cast  in  the  recent  election, 
sufficient  data  are  presented  to  estimate,  with  probable  ac- 
curacy, that  it  will  not,  by  the  time  Congress  can  take 
action  upon  the  question  of  her  admission,  fall  short  of 
70,000.  This,  so  far  from  being-  below  the  standard  of  new 
states,  is  really  above  the  average.  That  it  will  be  any 
grievance  to  the  older  states  in  the  Union  to  give  Nebraska 
a  greater  representation  in  Congress  than  is  prescribed  by 
law,  is  an  evident  fallacy.  In  apportioning  representatives 
to  other  states,  although  a  population  of  120,000  is  required 
for  each  member,  yet  several  of  the  states  have  each  a  rep- 
resentative in  Congress  for  a  fractional  part  of  the  stated 
number,  often  less  than  the  population  of  Nebraska.  In 
addition  to  this,  it  will  be  found,  upon  reference  to  the 
census  returns  of  the  different  states,  that  not  only  have 
the  majority  of  them  been  admitted  before  their  population 
was  up  to  the  standard  of  representation,  from  time  to  time 
increased  by  Congress,  but  in  at  least  one  case  (that  of 
Florida)  a  state  has  been  represented  for  years,  upon  the 
congressional  floors,  by  two  senators  and  one  representa- 
tive, that  has  not  at  this  moment  a  population  exceeding 
that  of  Nebraska,  and  which  has  never  in  its  history  meas- 
ured up  to  the  legal  standard.  That  the  people  of  Nebraska 
and  of  all  the  territories,  now  or  to  be  organized,  would 
suffer  injustice  were  it  requisite  to  the  admission  of  a  state 
that  she  should  have  the  number  of  inhabitants  required  for 
a  representative  is  evident,  not  only  from  the  foregoing 
statements,  but  from  the  guarantees  given  them  in  the 
treaty  by  the  provisions  of  which  Louisiana  was  ceded  by 
France  to  the  United  States  in  1803,  and  which  embraces 
nearly  all  the  states  admitted  since  the  treaty  was  made, 
and  the  present  western  territories,  with  the  exception  of 
those  ceded  by  Mexico.  In  the  third  article  of  that  treaty 
we  find  the  following  language,  than  which  nothing-  can  be 
more  explicit  and  clear:  "The  inhabitants  of  the  ceded  terri- 
tories shall  be  incorporated  in  the  union  of  the  United 
States,  and  be  admitted  as  soon  as  possible,  according  to 
the  principles  of  the  federal  Constitution,  to  the  enjoyments 
of  all  the  rights  and  immunities  of  citizens  of  the  United 
States;  and  in  the  meantime  they  shall  be  maintained  and 
protected   in   the  free  enjoyment  of  all   their  liberty,  prop- 


STATE    GOVERNORS.  107 

erty  and  the  religion  which  they  profess."  Now,  what  is 
meant  by  the  expression  "as  soon  as  possible,  according 
to  the  principles  of  the  constitution,"  if  it  is  not  to  be  inter- 
preted, as  soon  as  their  wealth  and  population  shall  be  suf- 
ficient to  support  a  state  government?  It  could  not  have 
been  in  contemplation  that  an  inexorable  sliding  scale 
should  be  established,  increasing-  from  time  to  time,  to  keep 
pace  with  the  development  of  older  communities,  to  which 
each  new  territory  must  measure  up  or  be  kept  out  from 
her  right  of  representation  and  self-government. 

If  the  people  of  the  Atlantic  states  could  support  their 
respective  state  governments  with  population  ranging,  in 
some  instances,  considerably  less  than  that  of  our  terri- 
tory, then  it  reasonably  follows  that  the  time  contemplated 
in  the  treaty,  specified  by  this  somewhat  emphatic  expres- 
sion, "as  soon  as  possible,"  has  arrived  for  the  state  of  Ne- 
braska. While  it  is  a  subject  of  regret  that  the  majority  for 
the  constitution  was  so  small,  yet  an  impartial  examination 
into  the  causes  that  tended  to  decrease  it  will  do  away  with 
most  of  the  significance  that  might  be  attached  to  that 
•circumstance.  Nebraska,  while  sending  her  full  quota  of 
volunteers  to  the  national  army  for  the  suppression  of  the 
rebellion,  contributed  very  little  in  the  way  of  direct  taxa- 
tion for  the  prosecution  of  the  war.  While  most  of  the 
states  were  obliged  to  offer  large  bounties  to  induce  enlist- 
ments, we  were  wholly  exempt  from  such  burdens,  and 
the  close  of  the  war  found  us  neither  impoverished  by 
heavy  taxes  nor  weighed  down  with  a  heavy  debt.  The  ad- 
vantage thus  enjoyed  by  our  tax-payers  over  those  of  other 
sections,  though  really  adventitious,  carried  great  weight 
as  an  argument  in  favor  of  a  territorial  form  of  govern- 
ment to  minds  not  accustomed  to  study  much  the  sci- 
ence of  political  economy.  Another  argument  used  against 
the  constitution  was  of  a  very  different  nature,  and  was 
found  in  the  instrument  itself,  in  the  clause  defining  the 
extent  of  the  elective  franchise.  But  this  vexed  question 
seems  now  about  to  be  placed  beyond  the  reach  of  agita- 
tion by  an  amendment  of  the  constitution  of  the  United 
States  which  has  already  passed  Congress,  and  now  awaits 
the  ratification  of  two-thirds  of  the  states,  which  in  due 
course  of  time  will  permanently  settle  the  political  status 
of  the  African. 

Within  the  last  two  years  the  wealth  of  the  territory  has 
increased  with  even  greater  rapidity  than  the  population. 
In  1864  the  taxable  property  of  Nebraska  was  returned  as 
■$11,000,000;  in  1865  at  $13,000,000.  This  year  the  returns 
already    filed    in    the    auditor's    office    indicate    a    total    of 


108  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

$18,000,000.  The  sanu-  ratio  of  increase  will  give  us  in  1867 
the  sum  of  $35,000,000;  but  taking  into  consideration  the 
unprecedented  increase  of  emigration,  and  the  large  amount 
of  capital  introduced  by  the  rapid  progress  of  our  internal 
improvements,  it  will  be  safe  to  estimate  the  amount  of 
taxable  property  in  1867  at  upward  of  $40,000,000. 

The  railroad  interests  of  Nebraska  are  assuming-  large 
proportions.  The  work  upon  the  main  line  of  the  Pacific 
Railroad  is  progressing-  at  the  rate  of  one  mile  per  day, 
and  in  a  few  weeks  the  track  of  iron  will  extend  two  hund- 
red miles  west  to  Fort  Kearney.  If  the  same  energy  shall 
be  displayed  till  its  completion,  but  a  short  time  will  elapse 
ere  it  will  wind  its  way  beyond  our  western  boundary. 
This  road  completed,  together  with  the  various  connecting 
branches,  now  in  contemplation,  or  in  process  of  construc- 
tion to  unite  lis  with  the  great  eastern  roads  and  the  gulf 
of  Mexico,  we  shall  have  abundant  facilities  for  ti*ansport- 
ing  our  surplus  products  to  the  eastern,  southern  and  west- 
ern markets.  The  importance  of  the  early  completion  of 
these  highways  of  commerce  is  not  overlooked  by  our  enter- 
prising people,  and  must  be  felt  even  by  a  casual  observer 
who  should  to-day  cross  our  broad  fields,  where  the  cattle 
graze  upon  a  thousand  prairies,  and  the  earth  seems  op- 
pressed by  the  burden  of  ripening  grain.  Measures  have 
been  recently  taken  in  several  counties  for  the  development 
of  our  mineral  resources,  and  the  present  indications  are 
that  coal  exists  in  inexhaustible  quantities  in  Nebraska. 
It  cannot  be  long-  in  the  natural  order  of  things  befoi'e  the 
attention  of  capitalists  will  be  directed  to  our  mines  and 
coal  will  in  good  time  fill  the  breach  caused  by  our  tem- 
porary scarcity  of  timber. 

To  a  community  so  comparatively  wealthy  as  our  own  the 
burdens  of  a  state  government  must  be  light;  and  when  we 
take  into  the  account  the  inevitable  impetus  to  be  given  to 
emigration  and  the  introduction  of  capital  by  the  adoption 
of  a  state  constitution,  we  can  but  come  to  the  conclusion 
that  financially  we  shall  be  upon  a  much  better  basis  in 
1867  with  a  state  organization  than  in  1866  as  a  territory. 

The  duties  of  the  present  legislature,  though  important, 
will  not  probably  occupy  much  time  nor  entail  very  much 
upon  the  treasury  in  the  way  of  appropriations.  Until  the 
seal  of  legality  is  placed  upon  its  records  by  our  admission 
and  consequent  recognition  by  Cong-ress,  its  action  should 
be  limited  to  the  business  actually  necessary  to  put  in  mo- 
tion the  machinery  of  state.  The  election  of  United  States 
senators,  who  shall,  in  conjunction  with  our  congressional 
.  representative,   present    our  petition   at  Washington,   is   of 


STATE    GOVERNORS.  1  ()() 

course  the  first  and  most  important  step.  That  your  coun- 
sels will  be  guided  by  wisdom  and  patriotism,  the  fact  thai 
you  come  fresh  from  the  people,  to  whom  the  issues  of  the 
day  have  been  presented  with  distinctness  and  ability, 
seems  to  afford  the  strongest  pledge. 

The  amendment  to  the  Constitution  of  the  United  States, 
recently  passed  by  Congress,  and  submitted  to  the  action 
of  the  several  states,  to  which  I  have  incidentally  referred, 
should,  in  my  opinion,  be  acted  upon  during-  the  present 
session.  It  is  the  embodiment  of  the  reconstruction  policy 
of  Congress — a  policy  long  considered  and  carefully  di- 
gested, and  which  is  apparently  the  wisest,  the  most  ex- 
pedient, and  the  most  conformable  to  the  spirit  of  our 
institutions,  of  any  that  has  been  suggested,  or  that  can 
be  adopted.  It  gives  a  promise  of  an  early  solution  to  the 
main  questions  that  have  threatened  the  national  life,  and 
if  fully  carried  out  in  letter  and  spirit,  will,  as  I  think, 
restore  harmony  and  concord  to  the  national  councils  and 
reaffirm  in  our  Constitution  the  fundamental  principles 
enunciated  in  the  Declaration  of  Independence,  that  all  men 
are  created  free  and  equal.  It  is  not  necessary  for  me  to 
enter  into  the  particulars  of  the  amendment  at  present,  as 
I  shall  take  an  early  opportunity  to  communicate  it  to 
your  honorable  body. 

Financially  I  am  able  to  report  the  territory  in  a  healthy 
condition.  The  light  debt  incurred  by  us  during  the  Indian 
troubles,  in  defending  our  frontiers,  forms  the  extent  of  our 
liabilities.  Congress  will,  doubtless,  in  accordance  with 
established  precedents,  reimburse  us  for  our  expenditures 
in  calling  out  the  militia  against  the  Indians,  as  soon  as  our 
just  claim  shall  have  been  properly  represented.  To  these 
facts,  and  especially  to  the  financial  tact  and  energy  of  our 
present  territorial  administration,  are  we  indebted  for  the 
gratifying  fact  that  our  bonds  will  bring-  in  the  market 
ninety-seven  cents  on  the  dollar.  In  this  respect  we  have 
advantages  not  often  possessed  by  a  new  state,  and  which 
will  tend  to  alleviate  any  additional  burdens  that  the 
change  in  our  form  of  government  may  impose.  There  has 
never  been  in  our  history  a  finer  prospect  for  an  abundant 
harvest  than  at  present.  He  who  sends  the  "early  and 
latter  rain"  has  blessed  us  most  abundantly,  and  to  Him 
-should  our  hearts  go  forth  in  gratitude  for  His  many  mer- 
cies. 

We  believe  that  the  time  is  not  far  distant  when  the  prod- 
ucts of  our  soil  shall  make  our  name  familiar  in  the  com- 
mercial marts  of  the  farthest  clime— when  our  prairies 
shall   be   dotted  with   comfortable   dwellings   and   tracts   of 


110  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

growing  timber,  from  the   .Missouri  to  the   mountains,  and 

when  our  churches  and  schoolhouses,  greeting  each  other 
from  t\ci\  eminence,  shall  be  the  index  of  the  intelligence 
and  moral  worth  of  our  citizens.  That  the  future  of  Ne- 
braska will  give  a  glorious  fruition  as  the  reward  of  our 
sanguine  hopes,  is  my  firm  trust  and  is  the  prayer  of  every 
good  citizen  and  patriot. 

This  session,  of  eight  days'  duration,  resulted  in  the  election 
of  United  States  senators,  as  follows:  Thomas  W.  Tipton  hav- 
ing been  nominated  as  a  republican,  and  J.  Sterling  Morton  as 
a  democrat,  twenty-nine  votes  having  been  east  for  the  former, 
and  twenty-six  for  the  latter,  Thomas  W.  Tipton  was  declared 
duly  elected.  And  twenty-nine  votes  having  been  cast  for  John 
M.  Thayer,  and  twenty-six  for  Andrew  J.  Poppleton,  John  M. 
Thaver  was  also  declared  dulv  elected  a  senator. 

On  the  fourth  day  of  April,  1867,  the  governor  issued  his  proc- 
lamation for  a  session  of  the  legislature  to  convene  on  the  six- 
teenth of  May  ensuing,  and  specified  thirty-one  subjects  for  its 
special  consideration,  in  order  to  accelerate  the  transition  from 
the  territory  to  the  state;  while  to  this  called  session  he 
delivered  a  very  exhaustive  message  explanatory  of  the  necessity 
of  a  special  session.     Among  other  things  introductory  he  said: 

Xo  state  has  ever  entered  the  Union  under  more  favor- 
able auspices  than  our  own.  Practically  free  from  debt,  our 
credit  is  sound,  and  our  resources  entirely  available  for 
present  and  future  needs.  Our  facilities  for  communication 
with  the  east  and  south  have  been  greatly  increased  during 
the  past  year,  and  the  Rocky  Mountains  and  shores  of  the 
Pacific  are  rapidly  drawing  near  to  us,  as  the  construction 
train  of  the  Union  Pacific  makes  its  daily  progress  west- 
ward. The  tide  of  immigration,  that  at  the  close  of  the 
rebellion  commenced  to  pour  over  our  borders,  has  experi- 
enced no  abatement,  but  has  continued,  with  accelerated 
speed,  to  people  our  fertile  prairies  with  hardy  pioneers, 
and  to  contribute  the  necessary  labor  and  capital  for  the 
development  of  our  latent  wealth. 

The  conclusion  was  as  follows: 

Gentlemen,  I  cannot  conclude  without  expressing  a  hope 
that  in  all  your  deliberations  the  spirit  of  harmony  and 
mutual  forbearance,  so  necessary  to  the  preservation  of  the 


STATE    GOVERNORS.  Ill 

dignity  of  a  legislative  body,  may  be  carefully  preserved— 
that  every  measure  brought  up  for  your  consideration  may 
meet  with  unprejudiced  and  unimpassioned  examination — 
that  our  new  state,  through  your  wisdom  and  prudence,  may 
inscribe  upon  the  opening  pages  of  its  history  a  record  un- 
sullied by  the  petty,  yet  bitter,  warfare  of  local  interests, 
and  that  every  member  of  your  body  may  bear  in  perpetual 
remembrance  that  he  owes  not  merely  a  duty  to  the  partic- 
ular section  that  he  represents,  but  that  Nebraska,  as  an 
integral  state,  now  calls  upon  him  for  the  unselfish  service 
of  his  head  and  heart.  Rendering  in  all  sincerity  our  hum- 
ble acknowledgments  to  the  Giver  of  all  good,  for  our  pres- 
ervation and  protection  as  a  people,  since  the  date  of  our 
organization  as  a  territory,  uniting  with  our  sister  states 
in  gratitude  to  Him  for  His  guidance  of  the  American  Re- 
public, through  the  tempest  of  treason  and  armed  rebellion, 
to  the  haven  of  peace  and  renewed  prosperity,  let  us  sol- 
emnly join  in  an  invocation  to  the  same  Almighty  Power, 
for  the  continuance  of  his  fostering-  care — that  our  soil 
may  ever  yield  its  bounteous  harvest  to  the  intelligent  toil 
of  the  husbandman,  and  that  the  peaceful  conquests  of  com- 
merce and  mechanical  skill  may  be  as  enduring  as  the  truth 
of  the  great  principle  of  universal  freedom,  which  forever 
assures   them  of  victories. 

On  the  27th  and  28th  days  of  October,  1868,  a  special  session 
of  the  legislature  was  holden  at  Omaha  for  the  appointment 
of  presidential  electors,  of  which  the  governor  said: 

In  consequence  of  the  recent  admission  of  Nebraska  to 
the  Union,  the  time  prescribed  for  the  regular  session  of 
the  legislature  has  not  arrived.  Since  the  admission  of  the 
state  you  have  once  convened  by  the  call  of  the  executive. 
At  that  time  your  attention  was  directed  to  the  many  im- 
portant questions,  growing  out  of  the  change  in  our  do- 
mestic government,  which  were  pressing  upon  us  for  im- 
mediate action.  You  have  therefore  been  called  together  at 
this  time  to  make  such  provision  for  the  appointment  of 
electors  of  president  and  vice-president  of  the  United  States 
of  America  as  you  in  your  wisdom  shall  deem  best. 

This  business  being  accomplished,  Mr.  Majors,  since  lieutenant 
governor,  offered  the  following  resolution: 

Resolved,  By  the  senate  and  house  of  representatives  con- 
curring, that  we  respectfully,  but  earnestly,  urge  upon  the 
next  president   of  the  United  States,   General  U.   S.  Grant, 


112  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

the  appointment  of  the  Honorable  John  M.  Thayer  in  his 
cabinet;  who  will,  by  his  long-  residence  on  the  frontier, 
and  his  acquaintance  with  the  resources  and  developments 
of  the  West,  and  with  the  necessities  of  the  people,  be  en- 
abled  to  advance  the  interests  and  prosperity  of  this  great 
and   growing  country. 

Mr.  Freeman  moved  to  strike  out  "General  Grant"  and  insert 
"Horatio  Seymour,"  which  was  lost,  and  the  resolution  adopted. 
An  act  having  passed  the  legislature,  July,  1867,  "for  the  loca- 
tion of  the  seat  of  government  of  the  state  of  Nebraska,  and  for 
the  erection  of  public  building's  thereat,"  the  governor,  the  secre- 
tary of  state,  and  auditor,  being  the  commissioners  to  perform 
said  duty,  did,  on  the  29th  day  of  July,  1867,  establish  the  capital 
at  the  village  of  Lancaster,  on  grounds  includiug  state  lands 
and  the  old  surrendered  town  site  of  Lancaster.  And  thus  the 
sale  of  towm  lots  inured  to  the  financial  benefit  of  the  state,  hav- 
ing amounted  to  $76,715  during  the  first  year  thereafter.  The 
commissioners  whose  names  wTere  thus  identified  with  Lincoln 
as  state  capital,  wrere  Governor  David  Butler,  Thomas  P.  Ken- 
nard,  Secretary  of  State,  and  John  Gillespie,  State  Auditor. 

The  new  seat  of  government  was  made  prominent,  in  the  gov- 
ernor's message  of  January  8th,  1869: 

This  commodious  and  well  appointed  hall,  these  substan- 
tial walls,  this  entire  beautiful  edifice,  this  enterprising  and 
thrifty  town,  sprung,  within  the  last  eighteen  months, 
from  the  open  prairie  and  to-day  contributing,  directly  and 
indirectly,  to  the  prosperity  of  an  area  of  more  than  ten 
thousand  square  miles,  this  has  been  accomplished  without 
cost  to  the  state  or  individuals.  It  has  contributed  to  the 
enrichment  of  both.  It  has  added  to  the  wealth  of  the  state 
not  less  than  five  millions  of  dollars.  Nor  have  the  public 
benefits  been  yet  fully  measured.  I  would,  in  this  connec- 
tion, recommend  that  provision  be  made  for  the  sale  of  the 
remaining  lots.  So  much  of  the  proceeds  as  may  be  neces- 
sary for  that  purpose  should  be  appropriated  to  the  con- 
struction of  the  dome,  included  in  the  original  design  of 
this  building,  and  Hie  fencing  and  ornamenting  of  the 
grounds,  and  the  remainder  to  the  erection  of  a  building  for 
state  university  and   agricultural  college. 

The  grounds  upon  which  the  old  state  house  stands  were 
given  by  the  citizens  of  Omaha   to  be  used  by  the   territory 


STATE    GOVERNORS.  113 

for  the  erection  thereon  of  the  state  capitol.  In  addition 
to  this,  the  city  gave  toward  the  completion  of  the  building 
$30,000  in  bonds,  which  have  been  redeemed. 

On  the  fourth  of  March  next,  the  state  will  have  removed 
from  them  all  its  movable  property  and  have  ceased  to  oc- 
cupy them  for  the  purpose  originally  designed.  I  recom- 
mend that  they  be  granted  to  the  city  of  Omaha  for  a  high 
school  on  the  condition  that  when  they  shall  no  longer  be 
used  for  that  purpose  they  shall  revert  to  the  state. 

Kecurring  to  the  above  subject,  in  his  message  of  January  6th, 
1871,  we  have: 

By  the  provisions  of  "An  act  to  provide  for  the  sale  of 
unsold  lots  and  blocks  on  the  town  site  of  Lincoln,  and  for 
the  location  and  erection  of  a  state  university,  and  agricul- 
tural college,  and  state  lunatic  asylum,"  approved  February 
15th,  1869,  the  commissioners  were  authorized  to  sell  all  the 
unsold  lots  and  blocks  on  the  town  site  of  Lincoln;  to  con- 
struct the  dome  of  the  capitol  building;  to  erect  a  state 
lunatic  asylum  at  a  cost  of  $50,000,  and  a  state  university 
and  agricultural  college  at  a  cost  of  $100,000.  "On  the  8th 
of  November  (1870)  the  [asylum]  building  was  formally  ac- 
cepted, and  on  the  1st  of  December  completely  furnished 
and  ready  for  the  reception  of  patients.  Orders  were 
issued  and  the  patients  from  the  Iowa  Hospital  and  the 
different  jails  throughout  the  state,  in  all  numbering  over 
thirty,  removed  to  the  asylum,  where  they  are  now  receiving 
the  best  care. 

The  message  of  1871  made  mention  of  the  State  University: 

This  institution,  established  on  a  broad  basis,  and  liber- 
ally endowed  by  your  predecessors,  is  not  as  yet  open  for 
the  reception  of  students.  The  board  of  regents  have  been 
appointed  and  organized,  and  have  taken  some  steps  prelim- 
inary to  the  selection  of  the  faculty. 

Our  university  building  is  a  source  of  pride  to  the  citizens 
of  our  state,  and  is  a  model  not  only  in  architectural  beauty, 
but  in  its  internal  arrangements,  and  its  adaptation  to  the 
purposes  for  which  it  is  designed.  Let  me  express  the  hope 
that  the  legislature  may  always  be  ready  to  foster  its  inter- 
ests by  wise  legislation. 

Having  presented  the  necessity  of  a  state  prison  in  his  official 
communication  of  1869,  that  of  1871  reported  progress: 

The  legislature,  recognizing  this  necessity,  made  provis- 
ion for  the  erection  of  a  penitentiary,  on  lands  previously 
9 


114  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

set  aparl  for  that  purpose,  about  three  miles  south  of  Lin- 
coln, and  also  for  the  sale  of  lands  donated  to  the  state, 
by  the  general  government,  to  aid  in  the  construction  of 
such  an  institution.  The  contract  for  building  the  peniten- 
tiary was  awarded  to  Messrs.  Stout  and  Jamison,  at  a  con- 
tract price  of  $307,950.  They  are  executing  their  work  in  a 
manner  alike  creditable  to  themselves  and  the  state.  The 
labor  of  the  convicts  is  hired  to  them  at  the  rate  of  forty- 
two  cents  per  day,  for  each  convict  who  is  able  to  work. 
I  am  pleased  to  notice  that  under  the  present  arrangement 
the  condition  of  the  prisoner  is  in  every  respect  much  im- 
proved. 

No  such  an  amount  of  responsibility  had  been  cast  upon  any 
previous  governor,  as  to  the  material  interests  of  the  people  of 
Nebraska.  Butler's  term  of  occupancy  might  properly  be  called 
the  creative  period  of  the  state.  Immigration  was  to  be  induced 
and  fostered  by  all  practicable  means,  education  provided  for 
their  descendants,  penal  laws  enacted  for  their  protection  from 
the  vicious,  and  a  state  militia  for  safety  from  savages;  con- 
stitutions framed,  amended  and  adapted  to  constantly  varying 
necessities;  a  capital  city  established  as  the  home  of  the  state, 
and  so  located  as  to  become  a  great  railway  center.  The  wisdom 
of  the  location,  and  the  general  acceptability  of  administration, 
had  to  extinguish  early  prejudice  and  vindicate  the  propriety 
of  original  design. 

The  financial  statement  as  given  in  the  message  of  1871,  re- 
ported a  balance  in  the  treasury  of  $77,886.    Said  he: 

I  am  pleased  to  note  that  the  material  wealth  of  the  state 
has  been  rapidly  increasing.  The  assessed  valuation  of  1868 
was  about  $32,000,000.  That  of  1870  was  over  $53,000,000,  thus 
showing  the  gratifying  increase  of  $21,000,000  in  two  years. 

The  document  concluded: 

Invoking  for  your  deliberation  the  guidance  and  blessing 
of  Him  who  controlleth  all  things,  I  express  the  hope  that 
your  session  may  be  productive  of  the  highest  public  good, 
and  honor  to  yourselves. 

At  the  time  of  his  first  election,  in  1866,  Governor  Butler,  re- 
publican, had  a  majority  of  145  votes  over  J.  Sterling  Morton, 


STATE    GOVERNORS.  115 

democrat.  In  1868  his  majority  over  J.  E,  Porter,  democrat,  was 
2,227.  In  1870  the  majority  over  John  H.  Croxton  was  2,478. 
But  in  this,  his  third  campaign,  charges  were  made  against  him 
of  great  irregularities  in  administering  the  school  fund  of  the 
state.  His  political  friends  claimed  that  no  harm  could  come  to 
the  state  from  a  re-election,  as  the  legislature  would  be  republi- 
can, and  they  would  examine  the  case  and  do  justice  in  the 
premises!  Accordingly,  by  the  sixth  day  of  March,  1871,  eleven 
articles  of  impeachment  were  presented  by  the  house  of  repre- 
sentatives, to  the  senate  as  a  Court  of  Impeachment,  one  of 
which  charged  Governor  David  Butler  with  having  appropriated 
to  his  own  use  $16,881.26  of  school  fund,  derived  from  the  general 
government,  and  that  "in  this  he  had  committed  and  was  guilty 
of  a  misdemeanor  in  office."  To  all  the  articles  he  interposed 
specific  denials,  and  affirmed  the  borrowing  of  the  school  fund 
and  the  placing  on  file  a  mortgage  to  secure  the  same  about  the 
first  of  January,  1871,  which  would  be  three  years  after  the 
arrival  of  the  money  in  the  state  treasury. 

Three  months  after  the  convening  of  the  court  (June  1,  1871) 
he  was  found  guilty  of  "a  misdemeanor  in  office,"  and  the  sen- 
tence was  that  he  be  removed  therefrom.  The  managers  of  im- 
peachment were  Honorables  J.  C.  Myers,  J.  E.  Doon  and  Dr. 
Forest  Porter.  Honorables  Clinton  Briggs,  John  J.  Reddick  and 
T.  M.  Marquette  were  counsel  for  the  defendant. 

On  the  day  preceding  the  rendering  of  the  decision  the  gov- 
ernor presented  to  the  speaker  of  the  senate  a  proposition  for 
settlement  as  follows,  but  as  the  Court  of  Impeachment  had  no 
control  of  a  settlement  it  proceeded  to  decide  upon  a  "misde- 
meanor in  office" : 

To  the  Honorable,  the  President  of  the  Senate: 

I  take  the  liberty,  on  the  re-assembling  of  your  honor- 
able body,  to  communicate  with  you  upon  the  subject  of  the 
five  per  cent  fund.  Early  in  the  spring  of  1868,  soon  after 
the  collection  of  that  fund,  I  made  a  loan  of  the  state  of 
the  sum  of  $16,881.26,  and  afterwards  amply  secured  the 
same  by  bond  of  mortgage.  This  was  done  in  perfect  good 
faith  and  with  the  understanding  that  the  transaction  was 
perfectly  legal.    Many,  however,  of  my  fellow  citizens  differ 


116  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

with  me  as  regards  the  legality  of  the  loan  and  the  suffi- 
iency  of  the  securities,  and  while  I  am  unchanged  in  my 
opinion  on  the  subject  and  conscious  that  I  have  at  no 
time  done  other  than  my  duty  in  the  premises,  I  am  ready 
and  willing,  in  order  that  the  subject  of  dissention  may  be 
disposed  of,  to  deposit  in  the  state  treasury  the  full  amount 
of  such  loan  with  interest  from  the  25th  day  of  May,  1869, 
the  date  of  the  arrival  of  the  fund  in  Lincoln  in  charge  of 
the  deputy  state  treasurer,  and  I  ask  the  passage  of  an  act 
providing  for  the  cancellation  of  the  securities.  I  sincerely 
trust  that  this  proposition  on  my  part  may  be  received  in 
the  same  spirit  in  which  it  is  made,  and  that  harmony  may 
again  prevail  in  the  administration  of  our  state  govern- 
ment. David  Butler. 
Executive  Department,  Lincoln,  May  30th,  1871. 

February  20th,  1873,  a  select  committee  made  report: 

We   find    the    claim   against     ex-governor    David    Butler, 
amounting   originally   to   $16,881.26,    due   the  five    per   cent 
fund,  which,  together  with  interest  now  due,  amounts  to 
$23,664.84,   in   a  very  unsatisfactory  condition,   there  being 
no  securities  properly  on  file  in  the  state  treasurer's  office 
as  security  for  the  payment  of  this  debt.    Ex-governor  But- 
ler has  submitted  a  proposition  to  your  committee,  to  trans- 
fer to  the  state  the  residence  and  adjoining  grounds,  now 
occupied  by  him  as  a  homestead,  in  payment  of  the  above 
debt  upon  the  following  terms:     For  the  house,   outbuild- 
ings,  80  acres   of  ground,   and  furniture   contained  in  the 
main  building,  the  state  to  allow  the  sum  of  .$30,000,  to  be 
paid  as  follows:    Principal  debt,  $16,881.26;  interest,  $6,283.58; 
warrant  on  general  fund,  $6,835.16;    total,  $30,000.00.     Your 
committee  has  the  foregoing  proposition  under  careful  con- 
sideration, has  visited  the  premises  and  carefully  examined 
the  house  and   grounds,   and  has  reached   the   decision  to 
strongly  urge  the  passage  of  a  bill  for  an  act  to  provide  for 
purchasing  a  governor's  mansion. 

Instead  of  adopting  the  committee's  recommendation,  the  leg- 
islature passed  an  act,  March  3rd,  1873,  "To  provide  for  the  liqui- 
dation and  settlement  of  certain  claims  with  David  Butler.'' 
And  in  accordance  with  said  act,  April  4th,  1873,  a  board  of  com- 
missioners reported,  "That  we  have  examined  and  appraised 
3,400  acres,  the  lands  of  David  Butler,  in  quantity  sufficient  to 
liquidate  the  indebtedness  of  David  Butler  to  the  school  fund  of 


STATE    GOVERNORS.  117 

the  state  of  Nebraska,"  to  which  Governor  Robert  W.  Furnas 
gave  his  official  approval  of  the  same  date. 

Eight  years  after  the  f  16,881  had  gone  into  the  possession  of 
Governor  Butler,  the  legislature  passed  a  resolution  rescinding 
the  verdict  of  removal  from  office;  and  since  the  settlement,  on 
the  supposition  that  the  3,400  acres  of  surrendered  land  had 
become  valuable  and  the  state  could  afford  to  refund  the  amount 
over  and  above  the  liquidated  debt,  a  bill  for  that  purpose  was 
presented  to  the  legislature,  but  has  not  been  enacted  into  law. 


118  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


ACTING  GOVERNOR  W.  II.  JAMES. 

1871-1873. 

William  H.  James  was  a  native  of  Marion  County,  Ohio,  and 
received  his  early  education  in  the  common  schools  of  the  State 
and  from  the  Marion  Academy.  He  was  alternately  farmer, 
clerk,  and  mechanic,  and  finally  student  at  law,  having  entered 
a  law  office  in  1853. 

The  date  of  his  settlement  in  Nebraska  was  in  1857,  three 
years  after  the  territorial  organization.  From  this  time  until 
his  election  as  secretary  of  state  in  1870,  he  had  given  some 
attention  to  legal  practice,  surveying,  and  the  duties  of  register 
of  a  land  office  for  five  years  under  appointment  of  President 
Lincoln.  His  term  of  acting  governor  commenced  with  the  im- 
peachment of  Governor  Butler,  March  4th,  1871,  and  continued 
till  January  10th,  1873.  The  legislature  convening  but  once 
every  two  years,  he  delivered  his  only  message  January  10th, 
1873,  and  three  days  thereafter  was  superseded  by  Governor 
Furnas. 

Among  the  subjects  presented  for  consideration  we  find  the 
admonition  that  prison  discipline  should  seek  the  protection  of 
society,  and  not  attempt  "vindictive  punishment,"  greater  unity 
of  action  between  the  regents  and  faculty  of  the  state  university 
demanded,  special  attention  to  be  given  the  insane,  idiots,  and 
imbeciles,  pardoning  power  to  be  exercised  with  great  care, 
laws  enacted  to  protect  capital  coming  to  the  State  for  invest 
ment,  and  usury  laws  repealed  since  "capital  is  liurid." 

There  remained  in  the  state  treasury  January  18th,  1871, 
$37,547;  receipts  to  December  31,  1872,  $1,183,074;  total 
$1,220,621.  Disbursements,  $1,022,233;  balance  in  treasury 
to  credit  of  the  several  funds  $98,387. 

Inasmuch  as  the  exercise  of  "doubtful  and  dangerous  author- 
ity" had  given  him  an  administration,  "of  few  days  and  full  of 


STATE    GOVERNORS.  119 

trouble,"  he  deemed  it  well  to  go  upon  record  as   to  the  care 
of  public  funds. 

While  it  is  true  that  public  money  should  be  touched 
with  the  most  scrupulous  consciousness  of  authority,  it  is 
equally  true  that  the  executive  officer  of  the  State  should 
not  be  urged  to  a  stretch  of  legal  or  constitutional  author- 
ity by  reason  of  insufficient  provisions,  to  meet  any  de- 
mands on  the  State,  growing  out  of  the  proper  administra- 
tion of  the  laws.  A  violation  of  the  law  growing  out  of  a 
public  want,  may  furnish  a  precedent  under  which  a  private 
need  may  be  met.  And  I  feel  that  I  can  not  too  strongly 
urge  upon  your  attention  the  importance  of  a  careful  exam- 
ination into  the  wants  of  the  state  government  and  the 
making  of  such  specific  appropriations  as  will  remove  all 
necessity  or  excuse  for  the  exercise  of  doubtful  and  danger- 
ous  authority. 

After  the  acting  governor's  intelligent  disquisition  upon  the 
scrupulous  care  to  be  observed  in  the  use  of  public  money,  and 
"the  impolicy  of  resorting  to  doubtful  and  dangerous  authority," 
it  is  a  little  astonishing  that  the  state  senate  felt  called  upon 
to  ask  what  disposition  had  been  made  of  a  particular  fund,  in 
charge  of  the  governor,  of  which  the  auditor  and  treasurer  had 
no  report;  and  further  that  a  senate  committee  had  to  report 
that  he  admitted  that  he  had  not  done  right  in  retaining  a 
certain  |6,300 — and  would  pay  it  over  on  the  order  of  the  legis- 
lature, and  though  he  promised  to  make  a  written  statement  to 
the  committee  in  the  course  of  the  same  day,  had  failed  to 
do  so. 

In  those  early  days  of  crude  laws  and  new  and  unexpected  de- 
mands, it  was  attempted  to  palliate  delinquencies  and  indiscre- 
tions from  the  demands  of  public  wants,  though  there  was  great 
danger  of  establishing  precedents  in  favor  of  "private  needs." 


120  NEBRASKA    STATE   HISTORICAL   SOCIETY. 


GOVERNOR  ROBERT  W.  FURNAS. 

1873-1875. 

Born  in  1824,  an  orphan  at  eight,  a  printer's  apprentice  at 
seventeen  rears  of  age,  and  editor  of  a  Miami  County,  Ohio, 
paper  in  his  twenty-third  year,  the  subject  of  this  sketch  began 
life  courageously  and  in  earnest.  During  forty-five  years  ex- 
Governor  R.  W.  Furnas  has  been  a  very  active  and  intelligent 
worker  for  the  interests  of  Nemaha  county  and  the  State  of 
Nebraska.  The  town  of  Brownville  knew  him  as  a  Fourth  of 
July  orator  in  1856,  and  subsequently  as  member  of  the  town 
council  and  the  board  of  education,  as  a  trustee  of  church 
property,  leading  member  of  the  Masonic  order,  and  a  practical 
florist  and  landscape  gardner  from  the  beauty  of  his  home  sur- 
roundings. The  county  had  the  benefit  of  him  as  editor  of  its 
first  paper,  president  of  her  agricultural  society,  a  cultivator  of 
nursery  stock  for  orchard  and  grove,  and  dealer  in  choice  live 
stock  of  all  descriptions,  and  member  of  the  legislature  and 
constitutional  convention.  The  State  had  his  services  as  presi- 
dent of  her  agricultural  association,  and  of  her  horticultural, 
pomological,  and  historical  societies,  and  as  regent  of  her  univer- 
sity and  governor.  Early  in  her  history  he  was  active  in  placing 
her  fruit  on  exhibition  in  Boston,  Philadelphia,  and  Richmond, 
Virginia,  and  in  securing  premiums.  In  1885  Governor  Dawes 
said,  in  a  message  relating  to  a  state  display  at  the  New  Orleans 
exposition : 

With  his  characteristic  energy  and  enthusiasm  Mr.  Fur- 
nas entered  upon  the  work  placed  in  his  hands;  and  the  re- 
stilt  of  his  work,  so  untiringly  and  industriously  performed, 
is  witnessed  in  the  magnificent  display  of  the  various  re- 
sources of  Nebraska  now  upon  exhibition  in  New  Orleans; 
a  display  that  has  called  forth  encomiums  from  the  press 
of  the  country,  attracting  general  attention  and  eliciting 
from  those  who  have  not  visited  Nebraska  expressions  of 
wonder  and  astonishment  at  the  great  extent  and  variety 
of  her  resources. 


R.   W.   FURNAS. 


STATE    GOVERNORS.  121 

In  recognition  of  distinguished  services  the  legislature  pre- 
sented the  governor  with  a  vote  of  thanks  and  a  gold  medal. 
On  the  publication  of  an  address  upon  the  origin,  history,  and 
uses  of  corn,  entitled  "Corn  is  King,"  he  made  mention  of  the 
circumstances  attendant  upon  his  New  Orleans  supervision: 

As  most  of  you  are  aware,  I  enjoyed  the  distinguished 
honor  of  representing  the  young  agricultural  giant,  Ne- 
braska, at  the  World's  Industrial  and  Centennial  Exposition, 
New  Orleans,  La.,  1884-5.  When  I  accepted  the  position 
tendered  me  by  the  United  States,  as  commissioner,  I  de- 
termined to  make  a  point  on  the  great  staple  product  of 
Nebraska,  corn.  The  first  banner  I  flung  to  the  breeze  in 
government  building  had  inscribed  upon  its  folds  "Corn  is 
King."  To  go  south  and  claim  king  for  any  other  soil 
product  than  cotton,  especially  at  the  Cotton  Centennial,  was 
deemed  an  intolerable  bit  of  impudence  in  nowise  ortho- 
dox— a  broad-gauge  departure.  Cotton,  sugar,  and  tobacco 
all  elevated  their  nasal  protuberances,  saying  by  actions, 
which  are  said  to  speak,  louder  than  words,  "How  dare 
you?"  Minnesota,  "with  boundless  wheat  fields  glinted," 
our  next  door  neighbor  at  the  exposition,  was  "to  arms"  "in 
the  twinkling  of  an  eye,"  pressing  the  superiority  of  wheat 
and  invoking  the  muses  to  aid  her  in  obliterating-  our  ban- 
ner inscription.  Colorado,  Kansas,  Illinois  and  Dakota  set 
themselves  to  work  manufacturing  huge  artificial  ears  to 
eclipse  our  natural  growth  of  Chester  County  Mammoth.  For 
a  time  outsiders  entertained  doubts  as  to  our  ability  to 
maintain  the  advanced   position  taken. 

But  we  "fought  it  out  on  that  line,"  and  came  home  "with 
our  banners  still  flying."  And  now  in  calmer  moments,  as 
it  were,  I  am  bold  to  assert  the  belief  that  among  all  the 
factors  of  culture  in  the  United  States  corn  takes  prece- 
dence in  the  sale  of  crops,  as  best  adapted  to  more  soils, 
climates,  and  conditions,  is  used  for  more  purposes,  fur- 
nishes more  nutritive  food  for  man  and  beast,  has  more 
commercial,  cultural  and  economic  value,  gives  more  grain 
to  the- acre  than  any  other  cereal,  more  fodder  than  any 
of  the  grasses,  puts  our  beef  in  prime  order,  fattens  our 
pork,  is  the  basis  of  our  butter  and  cheese  supply,  furnishes 
immense  manufacturing  material,  has  twice  the  value  of 
cotton,  worth  fifty  per  cent  more  than  wheat,  its  influence 
on  the  prosperity  and  wealth  is  greater  than  that  of  any 
other  cultivated  plant,  and  to  the  transportation  compa- 
nies "has  millions  in  it."  Appealing  to  the  previous  cen- 
sus report  it  appeared  that  in   a  particular  year   corn   ex- 


122  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

ceeded  wheat,  oats,  barley  and  rye,  in  bushels,  609  millions, 
and  surpassed  them  all  103  million  dollars. 

The  president  of  the  United  States  made  him  one  of  a  com 
mission  to  examine  into  the  agricultural  capabilities  of  Cali- 
fornia. Oregon,  Arizona,  and  Now  Mexico,  and  a  forester  of 
the  national  agricultural  department.  He  was  agenl  of  the 
Omaha  Indians  in  Nebraska,  and  colonel  of  an  Indian  brigade 
and  of  the  Second  Nebraska  cavalry  in  1863,  which  did  duty 
under  General  Sully  against  the  Sioux  Indians.  When  the 
agricultural  department  at  Washington  was  allowed  a  cabinet 
officer,  many  of  the  friends  of  Governor  Furnas  hoped  the  pres- 
ident would  select  him  as  that  secretary.  The  first  official  proc- 
lamation of  the  observance  of  Arbor  Day  was  issued  by  him, 
(\v<>  years  after  Mr.  Morton's  resolution  establishing  it,  and 
eleven  years  before  the  State  made  it  a  legal  holiday;  and  his 
enthusiasm  in  that  direction  has  only  increased  as  the  years 
have  added  to  the  wisdom  of  the  enterprise. 

In  the  campaign  under  General  Sully  of  the  regular  army, 
the  battle  of  White  Stone  Hills  was  fought  September  3,  1863, 
two  hundred  miles  above  Fort  Pierre,  Dakota.  Reporting  re- 
sults, having  described  the  amount  of  scouting  necessary  to 
locate  the  enemy,  Colonel  Furnas  said  of  the  battle  and  the 
conduct  of  the  Nebraska  troops : 

The  battle  now  raged  with  great  fury  for  some  time  on 
both  sides,  the  enemy  successively  by  a  desperate  charge 
attempting  my  right  and  left  flanks,  but  they  were  repelled 
with  slaughter.  They  fell  in  every  direction  in  front  of  my 
line  by  the  unerring  aim  of  my  brave  soldiers,  who,  both 
officers  and  men,  fought  with  the  coolness  and  courage  of 
veterans,  exposed  as  they  were  to  a  galling  fire  from  the 
enemy  the  whole  time.  Their  loss  in  killed  and  wounded 
will  not  fall  short  of  one  hundred  and  fifty,  as  scouts  sent 
out  next  day  after  the  battle  report  their  dead  as  scattered 
over  the  country  for  miles  on  the  line  of  their  retreat,  and 
their  wounded  as  twice  that  number.  The  casualties  in  the 
Second  Nebraska  Cavalry  are  seven  killed,  fourteen 
woiimlccl  and  ten  missing.  The  officers  and  men  under  my 
command  are  not  only  entitled  to  my  thanks,  but  the  con- 
fidence of  their  country  for  their  bravery,  efficiency  and 
promptness  on  this  occasion.  Not  a  man  in  any  capacity 
flinched   a   particle. 


STATE    GOVERNORS.  123 

Under  date  of  September  16,  1863,  General  Sully  thanked  the 
troops  in  order  Number  62: 

In  separating1  from  this  brigade,  the  Second  Nebraska 
Cavalry,  the  commanding  general  takes  the  opportunity  of 
thanking  Colonel  Furnas  and  the  officers  and  men  of  the 
regiment  for  the  great  assistance  they  have  rendered  him 
in  the  late  campaign,  and  for  the  cheerfulness  with  which 
they  have  obeyed  orders. 

This  was  followed  the  next  day  by  a  farewell  letter  to  the 
colonel  commanding: 

Headquarters  N.  W.  Expedition, 

Fort  Antietam,  D.  T.,  Sept.  17th,  1863. 

Dear  Colonel: — As  we  are  about  to  separate  after  months 
of  hard  campaigning,  you  to  your  family  fireside,  I  where  I 
may  be  ordered,  I  can  not  part  with  you  without  thanking 
you  for  your  valuable  services  to  me  in  the  duties  of  the 
late  campaign,  and  I  hope,  Colonel,  if  you  ever  again 
throw  away  the  "pipe  of  peace,"  and  buckle  on  your  saber, 
I  ma}'  have  the  good  fortune  to  have  you  associated  with 
me. 

With  the  kindest  feelings  for  your  success,  I  remain 
your  obedient  servant,  Alf.  Sully,  Brig.  Gen. 

'At  the  expiration  of  the  term  of  service,  when  mustered  out 
at  Omaha  November  30,  1863,  Colonel  Furnas  took  leave  of  his 
command  by  issuing  order  Number  12,  the  latter  part  of  which 
is  here  quoted: 

The  battle  of  White  Stone  Hills  and  its  results  will  ever 
be  an  all-sufficient  voucher  for  you.  There  you  displayed 
coolness  and  courage  unsurpassed,  even  by  veterans.  The 
severest  chastisement  ever  inflicted  upon  Indians  was  ad- 
ministered by  you.  To  you  of  the  Second  Nebraska  Cavalry, 
who  participated  in  that  battle,  is  due  that  victory,  and 
you  alone.  For  it  you  are  entitled  to  the  thanks  of  your 
country;  for  it  a  grateful  people  of  the  northwest  will  ever 
hold  you  in  remembrance.  It  was  a  proud  day  for  you  and 
amply  rewarded  you  for  all  the  toils  and  hardships  you  en- 
dured. Should  your  country  ever  again  require  your  serv- 
ices, it  knows  you  will  be  as  prompt  to  respond  in  the 
future  as  in  the  past.  We  now  separate  to  g-o  to  our  respect- 
ive homes.  The  best  wishes  of  the  colonel  commanding 
attend  you.  Col.  R.  W.  Furnas. 

By  order  of  H.  M.  Atkinson,  Adjutant. 


124  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

Governor  Robert  W.  Furnas  was  the  second  in  the  list  of 
state  executives.  In  his  inaugural  address  of  January  13th, 
1873,  after  declaring  that  his  aim  should  be  "to  serve  faithfully 
a  people  who  had  so  generously  confided  the  sacred  trust,"  he 
pledged  himself  that  no  duty  would  be  left  unperformed  in  ad- 
vancing the  State  to  an  honorable  position.  "While  elected  by 
one  of  the  political  organizations  of  the  day,  my  duty  now  is  to 
the  whole  people." 

He  said  of  the  theatre  of  action,  "Here  we  are  laying  more 
the  foundations  than  otherwise,  for  those  wrho  are  to  come  after 
us.  We  are  compelled  therefore,  to  a  very  great  extent,  to  meet 
emergencies  and  demands  as  they  arise  and  present  themselves 
for  our  consideration."  Inasmuch  as  our  land  endowment  for 
schools  embraced  "one-eighteenth  of  the  entire  public  domain," 
he  believed  in  the  near  future  that  "our  whole  educational  sys- 
tem, from  common  school  to  university,  could,  with  careful 
management,  be  made  entirely  independent  of  state  aid."  Com- 
ing to  his  favorite  theme  of  agriculture,  it  wras  commended  to 
intelligent  and  devoted  supervision: 

The  area  of  country  embraced  within  the  geographical 
limits  of  our  State  being  peculiarly  and  almost  exclusively 
of  an  agricultural  character,  together  with  the  fact  that 
we  occupy  the  keystone  place  in  this  gigantic  trans-Mis- 
souri arch  of  agriculture,  the  settled  national  axiom  that 
nations,  states,  individuals,  and  civilizations  prosper  as 
agriculture  thrives,  or  recede  as  it  languishes,  renders  this 
branch  of  industry,  in  a  great  measure,  the  foundation 
of  that  prosperity  in  store  for  us. 

As  if  the  treeless  prairies  were  supplicating  for  moisture  and 
shade,  in  their  aid  was  invoked  the  supervision  of  a  state  for- 
ester, with  premiums  to  stimulate  culture.  The  theory  of  tax- 
ation recommended  that,  "in  a  free  government  like  ours,  sus- 
taining burdens  should  be  borne  proportionately  with  means 
and  ability  to  contribute,"  and  that,  as  between  lines  of  trans- 
portation and  the  people,  "mutual  efforts  and  labors  should  be 
followed  with  mutual  accommodations  and  benefits:  wholesome, 
judicious,  impartial  legislation,  tending  to  serve  the  public  good, 
should  not  be  lost  sight  of  during  your  labors."     In  order  that 


STATE    GOVERNORS.  125 

state,  county,  and  municipal  bonds  should  be  advanced  to  par, 
registration  was  urged  in  order  to  establish  value  with  the  pur- 
chaser; and  with  equal  urgency  attention  was  called  to  the  util- 
ity of  immigration  agents  and  documentary  statements  of  the 
"unsurpassed  fertility  of  our  fifty  million  acres  of  vacant  lands.'" 
An  appeal  was  made  in  behalf  of  the  claims  of  the  United  States 
Centennial  Exposition  of  1876,  and  of  that  at  Vienna  in  1874, 
so  that  evidence  of  Nebraska's  capability  to  furnish  desirable 
homes  for  toiling  millions  could  be  understood  by  the  people 
of  our  own  and  foreign  lands.  In  behalf  of  the  peace  and  quiet 
in  our  "New  West,"  from  personal  observation  and  the  experi- 
ence of  many  years,  he  recommended  the  removal  of  the  Indi- 
ans from  the  midst  of  our  settlements,  and  locating  them  else- 
where, by  themselves.  Deprecating  hasty  legislation,  and  prof- 
fering hearty  co-operation,  he  assumed  the  reins  of  govern- 
ment, "invoking  the  aid  of  Him  who  guides  and  governs  the  acts 
of  individuals,  as  well  as  rules  the  destinies  of  nations." 

As  Governor  Furnas  served  but  one  term  in  office,  two  years 
elapsed  between  the  time  of  delivering  the  foregoing  inaugural 
and  his  final  and  only  message.  The  message  may  be  considered 
under  three  heads:  principles  discussed,  facts  stated,  and  rec- 
ommendations made. 

Under  the  head  of  revenue  he  said: 

Government  being-  universally  recognized  among  the 
wants  of  men,  its  maintenance  is  provided  for  by  contri- 
butions from  all  interested  in  its  existence,  by  a  system 
familiarly  known  as  and  called  taxation.  In  this,  the  true 
principle  is,  that  each  subject  ought  to  contribute  to  the 
support  of  the  government  by  which  he  or  she  is  protected, 
as  nearly  as  possible,  in  proportion  to  their  respective  abil- 
ities. No  good  citizen  will  consider  it  a  burthen,  or  imposi- 
tion, thus  to  contribute.  While  it  is  contended  that  any  ex- 
emption from  taxation  is  wrong  in  principle,  it  is  equally 
objectionable  in  practice.  The  exemption  of  one  dollar 
from  taxation,  only  opens  the  door  for  ten  more  to  illegiti- 
mately evade.  For  instance,  in  this  State,  as  shown  and 
stated,  the  total  property  valuation  for  taxable  purposes, 
is  a  fraction  over  eighty  millions  of  dollars,  while  the  fact 
is,  there  is  not  less  than  three  hundred  million  dollars 
worth  of  property  in  the  State,  which  should  be  made  to 


126  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

yield  revenue.  With  universal  and  equal  taxation,  promptly 
collected,  the  poor  man,  designed  to  be  benefited  by  exist- 
ing' exemptions,  will  have  by  far  less  to  pay  than  now;  so 
small  an  amount  in  fact,  that  the  tax  gatherer  will  be  un- 
able to  make  change.  It  is  not  persons  of  limited  means 
who  obtain  the  advantage  of  either  exemptions  or  evasions; 
but  they  of  more  ample  possessions. 

He  said  of  the  agricultural  college: 

The  policy  of  the  State  should  be  the  better  education  of 
the  industrial  classes.  Our  future  wealth  is  in  the  fertility 
of  our  broad  acres.  These  demand  skilled  labor,  that  they 
may  produce  a  maximum  of  commercial  value,  with  a  mini- 
mum of  htiman  labor.  Only  by  calling  to  our  aid  every 
available  means  of  cheapening  productions,  can  we  bring 
our  products  into  successful  competition  with  other  states 
nearer  the  great  markets.  The  work  is  fairly  begun.  It 
needs  but  your  fostering  care  to  make  it  an  institution  not 
only  of  pre-eminent  utility  in  the  development  of  the  com- 
monwealth, but  every  way  worthy  the  State  and  the  age. 

While  upon  the  subject  of  the  state  prison,  he  called  attention 
to  "a  fact  prevalent  to-day,  not  only  in  this  country,  but  through- 
out the  world,  that  all  well  governed  and  successfully  conducted 
prisons  have  ceased  to  be  mere  instrumentalities  for  the  pun- 
ishment of  offenders,  but  on  the  contrary  partake  of  a  reforma- 
tory character." 

Acting  upon  the  principle  that  if  "industry  is  a  moral 
power  outside  of  the  prison,  and  morality  is  an  economic 
power  outside  of  the  prison,"  they  bear  exactly  the  same 
relations  to  each  other  inside  of  the  prison.  And,  further, 
the  more  a  prison  is  made  reformatory,  the  more  profitable 
will  it  prove  economically.  While  it  is  true  some  men  are 
born  thieves,  in  the  great  majority  of  cases  they  are  not  so 
from  choice,  but  from  misfortune.  The  innate  criminal  is 
treated  as  a  diseased  man.  Incarceration  simply  serves  to 
place  those  incapable  of  self-restraint,  in  safe  keeping  be- 
3 1  the  power  of  injuring  any  one.  The  object,  to  im- 
part an  education,  intellectual,  moral,  industrial  and  eco- 
nomic, as  will  pm  it  within  the  power  of  the  prisoner  when 
liberated,  to  keep  out  of  crime.  Therefore,  society  is  more 
interested  in  the  reformation  of  a  criminal,  than  in  his  pun- 
ishment. Again,  in  The  great  majority  of  cases  of  impris- 
"i nt,   innocent    and   dependent  families  are   the  real  suf- 


STATE    GOVERNORS.  127 

ferers,  and  should  not  be  overlooked.  To  this  end  con- 
victs should,  in  the  matter  of  labor,  be  paid  a  just  and 
equitable  compensation  for  labor  performed,  and  after  de- 
ducting sufficient  to  defray  the  actual  expense  of  mainte- 
nance, the  remainder  be  paid  to  the  necessitous  families, 
or  in  case  of  none  such,  reserved  for  the  convict  at  the  time 
of  liberation.  This  would  not  only  provide  to  an  extent 
for  families  so  often  rendered  destitute,  but  would  awaken 
self  respect  and  incite  to  good  behavior  and  habits  of  in- 
dustry, that  would  follow,  and  lead  to  future  usefulness. 
The  system  of  leased  labor  of  convicts,  at  mere  nominal  and 
speculative  rates,  as  practiced  in  this  State  and  some  others, 
is  wrong  in  principle  and  pernicious  in  all  its  tendencies. 
Labor,  whether  inside  the  prison  walls,  or  outside,  should 
be  worthy  of  its  hire.  Properly  stimulated  and  manipu- 
lated, the  convict  labor  in  our  state  prison,  could  be  made 
to  yield  the  State  triple  what  it  now  does,  and  still  leave 
a  balance  for  the  convict  or  his  family  more  than  the  en- 
tire sum  now  inuring  to  the  State, — the  meagre  sum  of 
forty-two  cents  per  day. 

The  most  embarrassing-,  responsible,  and  difficult  duty  to 
perform  devolving  upon  the  chief  executive,  is  the  exercise 
of  the  pardoning  power.  None  but  the  experienced  can 
comprehend  the  situation.  In  nothing,  nor  even  in  all  else, 
is  he  exposed  to  such  censure.  In  almost  every  case  he 
encounters  acrimonious  criticisms  from  those  who  know 
none  of  the  facts,  and  have  never  given  the  subject  a  mo- 
ment's thought  or  consideration.  Extremists  argue  that 
this  high  prerogative  should  never  be  exercised  to  set  aside 
the  verdict  or  sentence  of  a  court,  when  the  facts  are, 
it  was  created  and  vested  for  that  sole  purpose  and  no 
other — can  be  used  for  no  other.  The  framers  of  the  con- 
stitution and  the  lawmakers,  had  that  object  directly  in 
view.  The  courts  themselves  recognize  and  appeal  to  it  as 
such.  They  convict  and  follow  sentence  with  an  immedi- 
ate application  for  executive  aid,  or  clemency,  to  set  aside 
what  they  have  just  enunciated,  claiming  that  the  law,  in 
cases  made  and  provided,  is  imperative,  requiring  strict 
observance  of  the  form  and  letter.  I  am  convinced,  how- 
ever, as  to  the  great  impropriety  of  vesting  this  high  power 
in  any  one  individual,  especially  with  such  meagre  regula- 
tions as  are  found  in  the  statute  books  of  this  State.  A 
pardoning  board  or  council  to  act  in  conjunction  with  the 
executive,  with  power  to  command  the  attendance  and  pres- 
ence  of  papers,  and  administer  oaths,  would  better  meet 
the    emergency. 


128  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

Before  the  railroad  question  had  assumed  all  its  subsequent 
importance  he  gave  expression  to  the  following  views: 

There  are  those  who,  failing-  to  comprehend  facts,  are 
prone  to  charge  all  the  ills  with  which  business  interests 
are  afflicted,  and  of  which  they  complain,  to  the  railro^fl 
companies;  and  hence  there  is,  just  now,  conflict  in  some 
portions  of  the  country.  While  I  wish  it  distinctly  under- 
stood that  in  no  way  am  I  an  apologist  for  any  man,  corpo- 
ration, or  anything  tending  in  the  least  to  oppression  or 
monopoly,  I  am  free  to  assert  what  I  conceive  to  be  a  well- 
founded  belief,  that  railroads  have  made  the  West,  and  that 
their  value  is  incalculable  and  universally  conceded.  True 
they  have  in  instances  become  strong,  powerful,  and  profli- 
gate organizations,  resulting  in  wrong  and  oppression.  This 
is  the  natural  and  inevitable  tendency  of  the  concentra- 
tion or  aggregation  of  great  wealth,  it  matters  not  whether 
in  railroad,  bank,  or  manufacturing  organizations,  individ- 
uals or  in  whatever  capacity  it  may  act.  While  it  is  the 
duty  of  "the  people,  in  whom  all  power  reposes"  under  our 
form  of  government,  to  protect  against  any  and  all  reck- 
less and  unscrupulous  acts,  let  them  come  from  what 
source  they  may,  it  is  a  mistaken  idea  that  mere  legislation 
will  cure  the  ills  with  which  business  and  morals  are  oft- 
times  afflicted. 

These  statements  of  fact  and  opinion  may  also  be  quoted: 

Our  population  has  quite  doubled  itself  within  two  years 
past,  numbering  now,  without  doubt,  at  least  three  hundred 
thousand   souls. 

The  balance  on  hand  at  date  of  last  report,  December  1st, 
1872,  $198,287.  Keceipts  from  that  date  to  date  of  present 
report,  $1,469,408,  making  total  receipts  from  all  sources, 
of  $1,667,695.     The  total  disbursements  were  $1,433,152. 

State  warrants  are  now  and  have  been  for  a  year  past, 
at  par.     The  State  has  no  bonded  indebtedness. 

The  state  university,  insane  hospital,  blind  and  deaf  and 
dumb  asylums  and  state  normal  school  were  all  reported 
as  well  officered  and  in  good  condition. 

The  fifth  annual  reports  of  the  warden,  inspectors,  phy- 
sician, and  chaplain,  in  detail,  are  transmitted,  by  which  it 
will  be  seen  that  the  number  of  prisoners  incarcerated  is 
fifty-four.  The  total  current  expenses  of  the  prison  for 
the  two  years,  1873  and  1874,  are  shown  to  be  $58,000.43,  or 
an  average  of  about  $538  per  prisoner  per  year.  The  total 
amount  of  convict  labor  at  forty-two  cents  per  day  is 
$4,343.64,  or  nearly  forty  dollars  per  prisoner  per  year.  On 
this   labor,   there  is  now  due  from  the  contractor,   unpaid, 


STATE    GOVERNORS.  129 

$3,418.45.  Estimate  for  the  coming  two  years,  $45,000.  But 
forty-one  cases  of  sickness  have  occurred  within  the  past 
two  years,  and  but  one  death  since  the  establishment  of  the 
prison.  With  the  appropriation  made  by  the  legislature 
for  that  purpose,  an  excellent  and  well  selected  library  of 
438  volumes  is  provided  and  in  use  by  the  prisoners.  The 
chaplain  reports  favorably  and  encouragingly  as  to  the 
moral  improvement,  and  reformatory  tendencies  of  inmates. 

STATE    LANDS. 

There  were  donated  by  the  general  government,  known 
as  saline  lands,  seventy-two  sections.  From  this  there  have 
been  appropriated  by  legislative  acts:  for  the  benefit  of  the 
state  normal  school,  twenty  sections^  for  the  model  farm, 
in  connection  with  the  agricultural  department  of  the  state 
university,  two  sections;  for  the  use  of  the  insane  hospi- 
tal one-fourth  of  a  section.  There  have  been  sold  to  various 
persons,  as  per  deed  record  in  this  office,  seventeen  thou- 
sand five  hundred  acres,  leaving  a  balance  undisposed  of 
and  on  hand,  of  twelve  thousand  seven  hundred  and  forty- 
four  acres.  There  remain  to  be  selected  and  approved,  to 
complete  the  seventy-two  sections  donated,  four  and  one- 
sixteenth  sections. 

INTERNAL     IMPROVEMENT     LANDS. 

There  were  donated  and  have  been  selected  and  confirmed, 
five  hundred  thousand  acres.  By  acts  of  the  legislature, 
the  whole  of  these  lands  have  been  appropriated  and  con- 
veyed for  purposes  designated,  to  aid  in  the  construction 
of  railroads  and  bridges.  In  fact  the  records  show,  that 
by  reason  of  hastily  deeding  before  confirmation,  thirty- 
one  thousand  four  hundred  and  seventy-six  acres  have  been 
deeded  more  than  the  State  owned,  or  was  entitled  to. 

PUBLIC    BUILDINGS    LANDS. 

There  have  been  received  twenty  sections  designated  as 
for  public  buildings.  The  whole  of  these  lands  were,  by 
act  of  February  loth,  1871,  transferred,  or  appropriated  to 
aid   in   the  construction   of  the  state   penitentiary. 

PENITENTIARY    LANDS. 

There  were  donated  for  the  erection  of  a  state  peniten- 
tiary, fifty  sections,  which,  in  addition  to  the  twenty  sec- 
tions before  named,  made  seventy  sections  applicable  for 
that  purpose.  Of  these  there  have  been  sold  and  used  in 
the  erection  of  buildings,  forty-three  thousand  one  hundred 
and  eighteen  acres,  leaving  on  hand,  undisposed  of,  one 
thousand  six  hundred  and  seventy-six  acres. 
10 


130  NEBRASKA   STATE   HISTORICAL   SOCIETY 

I    \  I  \  I   KSI'I  1       LANDS. 

Seventy-two     sections    were     donated,  selected     and     i 
firmed. 

At;  UK  I  LTURAL    COLLEGE     LANDS. 

Ninety  thousand  acres  were  donated  and  selected,  of 
which  eighty-nine  thousand  four  hundred  and  sixty  acres 
have  been  confirmed,  leaving'  five  hundred  and  forty-  acres 
yet   unconfirmed. 

The  school  lands  alone,  if  sold,  would  create  a  permanent 
school  fund  of  over  $20,000,000. 

EDUCATION. 

The  report  of  the  Superintendent  of  Public  Instruction 
for  the  years  1873  and  1874  is  most  gratifying  to  the  friends 
of  education.  At  the  close  of  the  fiscal  year  1872,  there 
were  538  school  houses  in  the  State,  valued  at  about 
$700,000.  The  present  report  shows  1,345  school  houses, 
valued  at  a  fraction  over  $1,300,000.  An  increase  of  over 
eight  hundred  buildings,  and  $600,000  valuation  in  the  two 
years.  The  total  number  of  pupils  at  the  close  of  the  year 
1872  was  51,123;  at  the  close  of  1874,  72,991,  showing  an  in- 
crease in  the  two  years  of  21,868.  The  total  amount  of 
school  money  apportioned  by  the  Superintendent  for  the 
years  1871  and  1872  was  somewhat  over  $370,000.  The  past 
two  years  the  total  amount  apportioned  was  nearly  $100,- 
000  of  an  increase.  At  the  close  of  the  year  1872  there  were 
1,512  qualified  teachers  in  the  State.  The  reports  for  1S7:> 
and  1874  show  2,200. 

LINCOLN    CITY    LOTS. 

The  capital  city,  Lincoln,  as  originally  platted,  consisted 
of  two  hundred  and  eighty-seven  blocks,  or  three  thousand 
four  hundred  and  forty-seven  lots.  Of  these  sixteen  blocks 
were  donated  for  imblic  squares  and  railroad  depot  pur- 
poses. One  hundred  and  fifty-five  lots  were  deeded  in  con- 
sideration of  lots  in  the  old  Lancaster  town-site.  Twelve 
lots  were  donated  to  the  State  Historical  Society,  forty  to 
the  various  churches  and  benevolent  societies,  and  twelve 
to  the  Lincoln  Steam  Mill  Company.  Two  thousand  nine 
hundred  and  thirteen  lots  were  sold  for  the  aggregate  sum 
of  two  hundred  and  ninety-three  thousand  three  hundred 
and  fifty-eight  dollars  and  seventy-five  cents.  Three  hun- 
dred and  fourteen  lots  remain  unsold.  The  unsold  lots  are 
principally  in  the  Salt  Creek  bottom,  and  of  no  considerable 
value  at  present. 


STATE    GOVERNORS.  131 

A  report  by  Governor  Furnas,  January,  1873,  revealed  the  dis- 
position made  of  500,000  acres  of  land  donated  for  internal  im 
provements  as  follows: 

To  Burlington  and  Missouri  R.  It.  R 50,104  acres 

To  Brownville,  Fort  Kearney  and  Pacific  R.  R..   19,989  acres 
To  Fremont,  Elkhorn  &  Missouri  Valley  R.  R... 100,030  acres 

To  Midland  Pacific  R.  R 99,973  acres 

To  Omaha  and  Southwestern  R.  R 100,010  acres 

To  Omaha  and  Northwestern  R.  R 80,069  acres 

To  Sioux  City  and  Pacific  R.  R 47,327  acres 

To  Gage  county  for  bridges 1,000  acres 

To  Saline  county  for  bridges 1,000  acres 

499,502  acres 
To  Balance    1,384  acres 

500,886  acres 
On  the  first  day  of  January,  1875,  there  were  one  thou- 
sand one  hundred  and  seven  and  sixty-nine  hundredths 
(1,107.69)  miles  completed  railroads  in  the  State:  Union 
Pacific,  459.90  miles;  Burlington  and  Missouri  River  in  Ne- 
braska, 190.75  miles;  Atchison  and  Nebraska,  110.78  miles; 
St.  Joseph  and  Denver,  88.50  miles;  Midland  Pacific,  83 
miles;  Omaha  and  Southwestern,  47.05  miles;  Fremont,  Elk- 
horn  and  Missouri  Valley,  50.75  miles;  Omaha  and  North- 
western, 40  miles;  Sioux  City  and  Pacific,  26.96  miles; 
Brownville  and  Fort  Kearney,  10  miles. 

The  promptness  and  self  sacrificing'  zeal  with  which  Governor 
Furnas  met  and  assisted  to  remedy  a  great  state  calamity,  in- 
dependent of  aid  from  the  state  treasury,  merited  the  generous 
commendation  of  those  who  had  hearts  to  feel  and  a  willing 
ness  to  act. 

FKONTIER    HARDSHIPS. 

Our  own  State,  like  most  other  portions  of  the  country 
at  large,  especially  the  West,  has  been  afflicted  the  past 
season  with  short  crops,  by  reason  of  drouth  and  grass- 
hopper devastation.  While  the  injury  has  been  ■  greater 
than  for  any  and  all  causes  heretofore  in  the  history  of  the 
Territory  and  State,  and  can  not  be  otherwise  than  dis- 
couraging, particularly  to  the  agriculturists,  there  is  no 
disposition  manifested  to  abandon  any  portion  of  the  State. 
As  soon  as  satisfied  as  to  results  narrated,  and  as  greatly 
exaggerated  reports  were  in  circulation  as  to  probable 
wants  and  suffering  that  would  follow  to  those  in  the  new 


132  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

counties  and  on  the  extreme  borders.  1  immediately  placed 
myself  in  communication  with  the  official  authorities  of 
each  organized  county,  in  order  to  ascertain,  as  near  as  pos- 
sible, the  actual  and  true  condition  of  affairs.  Reports 
were  promptly  received  from  each,  from  which  it  was  then 
thought  by  all  conversant,  that  the  emergency  could  and 
would  be  met  within  ourselves.  No  power  being-  vested 
in  me  to  make  expenditures,  and  desiring-  to  avoid  the  ex- 
pense of  an  extra  session  of  the  legislature,  especially  as 
the  time  for  t lie  regular  session  was  so  near  at  hand,  I 
asked  a  number  of  well-known,  reliable  and  responsible 
citizens  from  the  various  parts  of  the  State  to  meet  and  ad- 
vise with  me,  as  to  the  better  and  most  effective  mode  of 
providing  for  the  wants  of  those  who  had  been  rendered 
destitute.  This  committee  met  promptly  at  Lincoln,  on 
the  ISth  day  of  September  last,  and  after  deliberation  and 
consultation,  organized,  under  provisions  of  the  general  in- 
corporation act,  the  Nebraska  Relief  and  Aid  Society.  A  copy 
of  circulars  issued,  and  convening  the  committee,  proceed- 
ings and  articles  of  incorporation,  together  with  the  de- 
tailed operations  and  labors  of  the  society,  to  the  31st  day 
of  December  last,  are  herewith  submitted  for  your  infor- 
mation. From  these  it  will  be  seen  that  the  active  duties 
of  the  organization  have  devolved  upon  an  executive  com- 
mittee of  five  worthy  gentlemen.  General  E.  0.  C.  Ord, 
Commander  of  the  department  of  the  Platte,  chairman. 

The  reports  of  the  secretary  and  treasurer  show  the 
cash  receipts  from  all  sources  to  have  been  $37,279.73.  Do- 
nations in  kind,  $30,800.73.     Total  receipts,  $6S,0S0.46. 

Supplementing  this  voluntary  action,  Congress  enacted  an  ex 
tension  of  time  in  behalf  of  homesteaders,  and  a  cash  appropria- 
tion of  $30,000  for  the  purchase  of  seeds,  to  be  distributed  among 
the  absolutely  destitute  for  the  succeeding  year's  planting.  All 
persons  who  made  settlement  in  Nebraska  since  1875,  are  un- 
able lo  understand  the  true  import  of  "grasshopper  devasta- 
tion." The  firsl  visitation  of  these  terrible  pests  was  in  the  fall 
of  1866,  when  a  portion  of  the  corn  crop  had  matured  and  the 
later  planted  and  fall  wheat  furnished  their  supply  of  food. 
Having  deposited  their  eggs  and  died  before  the  beginning  of 
winter,  the  people  lived  in  painful  expectancy  of  greater  destruc- 
tion when  the  genial  rays  of  spring  should  give  life  to  a  new  and 
ravenous  brood,     lint  their  subsequent  experience  taught   them. 


STATE    GOVERNORS.  133 

that  as  soon  as  able  to  fly  migration  might  ensue,  or  the  drench 
ing  rains  of  spring  cause  their  destruction.  Eight  years  there- 
after in  the  fall  of  1874,  again  they  came  in  clouds  that  almost 
eclipsed  the  sun  and  covered  the  ground  as  storms  of  snow,  and 
stripping  fields  of  all  their  fodder  and  eating  into  the  husks  of 
unripe  ears,  left  them  to  must  and  rot  upon  the  stalk.  Early 
in  May  the  fields  of  wheat  and  rye,  of  barley  and  oats  and  early 
planted  corn  promised  luxurious  crops,  while  orchards  and 
gardens,  with  nurseries  of  fruit  and  forest  trees  were  promising 
a  most  satisfactory  growth.  But  hatching  season  being  past 
the  ground  in  parts  of  the  State  was  literally  covered,  so  that 
the  foot  and  carriage  wheel  wherever  moved  crushed  and  ground 
their  thousands.  Trenches  were  dug  around  grain  fields  in  order 
to  entrap  moving  armies  before  prepared  to  fly,  and  when  partly 
filled,  straw  distributed  and  burned.  Low  pans  of  sheet  iron 
filled  with  coal  oil  were  placed  at  points  where  they  had  to  move 
along  the  sides  of  houses  or  board  fences,  into  which  they 
jumped  and  were  destroyed.  Large  pans,  with  coal  oil,  drawn 
by  horses,  were  passed  over  the  fields  of  young  grain,  and  as 
the  insects  rose  and  fell  upon  the  fluid  they  were  gathered  by 
the  bushel.  But  it  was  only  necessary  to  make  the  experiment 
in  order  to  realize  how  utterly  futile  must  be  the  effort  to  control 
descending  showers  or  falling  snow.  Powerless  as  children  be- 
fore a  tornado,  as  the  promised  crop  vanished,  and  every  hope  of 
paying  debts  and  taxes  disappeared,  and  visions  of  wife  and 
little  ones  pleading  for  food  and  clothing  haunted  him  and  of 
farm-stock  starving,  and  of  sheriffs  and  red  flags  abounding, 
many  a  toilsome  farmer,  despairing,  shed  tears  of  anguish.  Not 
till  the  work  of  desolation  was  complete  came  the  time  of  migra- 
tion, when  about  the  fifteenth  of  June,  1875,  the  clouds  lifted 
and  floated  westward.  "Hoping  against  hope,"  at  so  late  a  day, 
wheat  fields  were  plowed  up  for  corn,  corn  fields  re-planted, 
summer  crops  attempted  as  never  before,  of  buck- wheat,  turnips 
and  potatoes,  and  under  the  smiles  of  a  beneficent  providence, 
Thanksgiving  Day  in  November  found  a  great  majority  of  the 
people  around  frugal  boards,  and  in  places  of  public  worship. 


134  NEBRASKA   STATE  HISTORICAL   SOCIETY. 

One  third  of  the  corn  crop  hardened  for  market,  two  thirds 
made  pork  and  beef,  showing  conclusively,  that  with  a  favorable 
fall,  frost  coining  late,  the  crop  can  be  matured  between  the 
first  of  July  and  October.  . 

Of  numerous  and  valuable  recommendations  we  have  the  fol- 
lowing: that  in  voting  for  bonds  for  county  and  other  purposes  a 
mere  majority  should  not  obligate  the  property  of  a  large  minor- 
ity, but  a  two-thirds  vote  should  be  required;  that  nothing  should 
be  exempt  from  taxation,  but  every  species  of  property  should 
bear  its  due  proportion,  on  its  actual  cash  value;  that  the  popu- 
lar demand  for  a  constitutional  convention  be  granted;  and  that 
in  order  to  check  fraud,  all  bonds  issued  in  the  State  should  be 
registered  by  the  state  auditor;  and  that  inducements  be  of- 
fered to  capital  to  invest  in  manufactures  and  developing  im- 
provements; and  especially,  that  measures  be  adopted  for  a  state 
exhibit,  of  natural  and  artificial  resources,  at  the  anticipated 
national  centennial  exposition  of  1876.  In  concluding  a  most 
comprehensive  and  critical  message  he  said: 

I  have  now  performed  the  last  and  most  important  offi- 
cial obligation  devolving  upon  me,  and  am  prepared  to 
vacate  the  chair  of  state,  and  turn  over  the  archives  to  a 
successor  selected  by  the  popular  expression,  and  who,  I 
know,  will  cheerfully  and  readily  co-operate  with  you  in 
every  laudable  effort  to  promote  the  prosperity  and  welfare 
of  a  people,  for  whom  you  and  he  are  joint  representatives. 


STATE    GOVERNORS.  135 


GOVERNOR   SILAS  GABBER. 

1-75-1-79. 

When  Governor  Garber  became  a  citizen  of  Nebraska  he  pos- 
sessed all  the  training  and  experience  necessary  to  adapt  him  to 
his  surroundings.  At  that  time  he  was  thirty-seven  years  of  age, 
having  been  born  in  Logan  county,  Ohio,  in  1833.  His  education 
was  principally  acquired  before  reaching  his  seventeenth  year; 
subsequent  to  which  time  he  removed  to  Clayton  county,  Iowa. 
Entering  the  army  in  the  war  of  18G1-G1  as  a  private  in  the  Third 
Missouri  Regiment,  he  afterwards  recruited  Company  D,  Twen- 
ty-seventh Iowa  Infantry,  of  which  he  became  first  lieutenant  and 
afterward  captain.  His  next  experience  was  four  years  in  Cali- 
fornia among  the  stirring  scenes  of  that  slaughter-house  of  hopes, 
and  of  thrilling  adventures.  Without  fear  of  Indian  depreda- 
tions, he  took  up,  and  maintained,  an  abode  in  Red  Willow,  Web- 
ster County,  when  he  had  only  been  preceded  by  two  families.  In 
the  community  that  grew  up  around  him,  he  became  probate 
judge  and  representative  in  the  legislature.  From  a  year's  ad- 
ministration of  the  register's  duties  in  the  United  States  land 
office  in  1874,  he  was  promoted  to  the  governorship,  and  was  re- 
elected in  1876. 

On  assuming  the  duties  of  governor,  January  12,  1875,  Mr. 
Garber  presented  a  clear,  concise  and  sufficiently  comprehensive 
inaugural.  In  this  document  he  called  the  special  attention  of 
the  legislature  to  the  subject  of  economy. 

This  commonwealth  is  in  its  infancy;  but  resources  as 
yet  undeveloped,  and  her  wealth  largely  prospective. 
Her  future  depends  greatly  upon  the  discreet  and  prudent 
management   of  affairs. 

Deprecating  hasty  legislation,  he  said: 

The  tendency  of  the  age  is  toward  over-legislation,  over- 
taxation and  extravagance.  The  lessons  of  history  teach  us 
that   the   greatest  reforms   consist,   not   in  doin»'  something 


136  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

new.  but  in  undoing-  something  old;  and  the  most  valuable 
laws  have  been  those  by  which  some  former  laws  hare 
been   repealed. 

He  would  administer  the  affairs  of  the  State  as  a  prudent  man 
his  individual  affairs,  and  congratulated  the  people  upon  the  fact 
of  no  bonded  debt  and  but  a  slight  floating  indebtedness.  He  ad- 
vocated a  new  constitution,  that  should  be  equal  to  the  increas- 
ing demands  of  a  new  people  and  adapted  to  the  experience  of 
an  elastic  and  progressive  community. 

In  conclusion,  gentlemen  of  the  joint  convention,  it  will 
be  mj'  greatest  pleasure  to  co-operate  with  you  in  any  and 
all  things  pertaining  to  the  welfare  of  the  State.  It  is  just 
that  we  cannot  escape  the  record  which  we  ourselves  will 
make.  It  is  a  favorable  omen  that  the  public  mind  is  more 
active,  and  the  public  conscience  more  sensitive  than  ever 
before  in  the  history  of  the  State.  We  have  now  within  our 
borders  the  population  and  natural  resources,  sufficient  to 
establish  a  state  in  fact  as  well  as  in  name.  This  result 
will  be  best  achieved  by  guarding  the  public  credit  as  a 
sacred    trust. 

Finally,  impressed  with  a  sense  of  dependence  upon  the 
Supreme  Kuler  and  creator  of  all  things,  and  iaindful  of 
our  responsibilities,  let  us  dedicate  ourselves  1o  the  work 
of  executing  faithfully  the  important  public  trust  commit- 
ted to  us  by  the  partiality  of  a  confiding  constituency. 

The  legislature  of  1875,  to  which  he  delivered  his  inaugural, 
had  just  received  the  retiring  message  of  Governor  Furnas,  and 
hence  Mr.  Garber's  first  annual  message  bears  date  January  5, 
1877,  since  the  legislature  only  convened  every  other  year. 

Gentlemen  of  the  Senate  and  House  of  Representatives: 
I  cordially  welcome  you  to  the  capitol  of  the  State.  Since 
the  meeting  of  the  legislature,  at  its  last  regular  session, 
there  has  been  framed  and  adopted  by  the  people,  a  new 
constitution,  which  went  into  effect  on  the  first  day  of  No- 
vember, 1875.  This  being  the  first  i-egular  session  since  it 
hecame-the  supreme  law,  it  is  safe  to  say  that  it  will  be 
the  most  important  one  since  our  admission  into  the  Union. 
Laws  arc  to  he  made  and  repealed;  interests  fostered  and 
maintained,  and  in  your  deliberations  yon  may  justly  re- 
fleet  that  you  are  legislating  for  a  people  characterized  by 
intelligence,  energy,  and  a   spirit   of   justice. 


STATE    GOVERNORS.  137 

Taking  up  the  subject  of  state  finances  he  showed: 

As  appears  from  the  report  of  the  state  treasurer,  here- 
with transmitted,  the  balance  in  the  treasury,  November 
30th,  1ST4.  was  $234,543;  and  there  lias  been  received  up  to 
November  30th,  1876,  $1,459,306.  making  a  total  of  $1,693,849, 
for  two  years. 

He  also  gave  as  delinquent  taxes  the  amount  of  $765,815  of 
which  not  more  than  one-third  was  likely  to  be  collected. 

The  report  of  the  superintendent  of  public  instruction 
shows  that  our  common  schools  are  keeping1  pace  with  the 
growth  of  the  State  in  wealth  and  population.  I  doubt  if 
any  state  in  the  Union  can  exhibit  more  gratifying  results 
in  this  respect.  There  are  sixty  organized  counties  in 
the  State,  divided  into  two  thousand  five  hundred  and 
ten  school  districts.  The  total  number  of  children  of  school 
age,  is  eighty-six  thousand  one  hundred  and  ninety-one,  be- 
ing an  increase  of  thirteen  thousand  two  hundred  over  1874. 
Of  this  number  fifty-nine  thousand  nine  hundred  and  sixty- 
six  attend  the  public  schools.  There  are  3.361  teachers  em- 
ployed receiving  an  average  salary  of  $34.24  per  month. 
We  have  1984  school  houses,  valued  at  $1,585,736.  The  total 
receipts  of  the  last  fiscal  year  from  all  sources  for  common 
school  purposes  were  $1,093,275.  The  total  expenditures 
for  the   same  period   were   $1,098,974. 

He  highly  commended  the  ''wise  administration"  of  the  uni- 
versity, and  anticipated  the  time  when  it  would  "become  the 
pride  of  the  whole  State." 

It  appears  from  the  regents' report,  the  cost  of  educating 
a  single  student  in  the  state  university  of  Nebraska,  as 
compared  with  that  in  state  universities  and  colleges  of 
this  character  in  other  states,  is  almost  unparalleled  in 
economy."  The  attendance  has  increased  from  one  hundred 
and  thirty-two  in  1874,  to  two  hundred  and  eighty-two  in 
1876;  so  that  the  legitimate  expense  of  the  institution  must 
have  increased. 

Of  the  institution  for  the  blind  the  governor  reported  that 
there  had  been  received  by  the  trustees  during  the  past  two  years 
$19,457,  and  all  expended  but  two  hundred  and  twenty  dollars. 
A  building  of  sufficient  capacity  to  accommodate  fifty  pupils, 
had  cost  $9,795.     He  reported  a  new  building  for  the  Deaf  and 


\'Ab  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

Dumb  Institute  under  way,  at  a  cost  of  $14,495,  and  during  the 
past  two  years  the  number  in  attendance  was  fifty-three. 

This  important  branch  of  our  educational  system  [Nor- 
mal School]  seems  to  be  in  excellent  condition.  The  bene- 
fits of  the  school  are  already  felt  in  the  State  and  the 
results  that  may  be  safely  anticipated  in  the  future  fully 
justify  its  maintenance.  The  total  enrollment  of  students 
for  the  year  1876  was  two  hundred  sixty-eight,  and  the  av- 
erage attendance  per  term  was  one  hundred  and  forty-two. 
For  the  last  term  of  the  year  the  enrollment  was  one  hun- 
dred and  ninety-six.  The  average  cost  of  the  school  per 
term  as  shown  by  the  report  of  the  principal,  is  $3,686. 

The  working  of  this  benevolent  institution  [Hospital  for 
Insane]  for  two  years  prior  to  November,  1876,  had  ex- 
hausted an  appropriation  of  $60,746,  of  which  amount 
$26,962  had  been  charged  to  counties  having  patients  in 
the  hospital.  During  two  preceding  years  one  hundred  six- 
ty-four patients  had  been  under  treatment.  Fifty  were 
reported  as  recovered;  nine  as  improved;  unimproved,  six; 
escaped,  one;   died,  five;   and  ninety-three  remaining. 

The  expense  per  wreek  for  board  and  clothing  of  patients 
and  board   of  officers  was  for   1876  $2.14. 

In  the  matter  of  the  penitentiary  convicts  the  governor  sought 
for  practical  reforms  and  benevolent  results,  and  reported  a 
change  of  wardens  in  the  interest  of  less  severity  and  better  per- 
sonal influence.  His  sensible  and  humane  ideas  can  be  best  ex- 
pressed in  his  own  words. 

The  younger  class  of  criminals  have  been  separated  from 
the  more  vicious  and  hardened  and  night  schools  during 
the  winter  have  been  established  with  excellent  results, 
these  reforms,  in  connection  with  the  good  time  act  giving 
prisoners  an  opportunity  to  shorten  their  terms  of  sen- 
tence by  good  conduct,  have  been  productive  of  much  good. 
There  is  sufficient  room  in  the  west  wing  of  the  building 
for  a  reform  school,  which  could  be  conducted  by  the  same 
ntlicers,  and  put  in  operation  at  small  expense.  This  would 
completely  separate  the  younger  criminals  from  the  older, 
and  furnish  better  opportunities  for  educating  and  reform- 
ing them.  The  penitentiary  being  completed  some  branch 
of  industry  should  be  established  at  the  prison  for  the  pur- 
pose of  utilizing  convict  labor.  It  is  absolutely  essential  to 
the  good  government  of  the  prison  that  the  inmates  be 
kept  at  hard  labor  for  a  certain  number  of  hours  each  day. 


STATE    GOVERNORS.  139 

Early  in  his  administration  it  became  necessary  to  organize 
military  companies  on  the  western  frontier  of  the  State,  and  pro- 
cure from  the  general  government  arms  and  ammunition.  In 
accomplishing  this  he  gave  bond  in  the  sum  of  -$18,000,  for  the 
return  of  the  guns  when  demanded.  Another  similar  emergency 
arose  in  the  case  of  the  Centennial  Exhibition  of  1876,  the  legis- 
lature having  failed  to  make  an  appropriation.  The  governor  as- 
sumed the  responsibility  of  borrowing  of  banks  a  sufficient 
amount  to  enable  the  State  to  obtain  a  creditable  showing  and 
receive  a  premium  on  soil  and  apples. 

The  message  gave  the  population  of  the  State  in  the  spring 
of  1876  as  being  257,719.  Having  submitted  facts  and  opinions 
on  the  question  of  usury,  of  banks  and  bankers,  a  proper  disposi- 
tion of  the  vast  land  endowment  of  the  State,  and  amendment  of 
laws,  and  submitted  an  elaborate  statement  of  the  necessity 
of  a  geological  survey,  with  official  reports  of  state  officers, 
he  concluded  with  a  hearty  promise  of  legislative  co-operation. 

His  last  official  communication  was  made  to  the  legislature  of 
1879,  after  four  years  of  administration.  From  a  glowing  re- 
capitulation of  past  progress,  he  found  additional  sources  of  con- 
gratulation in  the  condition  of  the  finances,  which  showed  that 
the  total  receipt  for  the  two  years  ending  November,  1878,  was 
$1,908,337  and  that  the  assessed  value  of  taxable  property,  1878, 
was  174,389,535,  being  an  increase  of  $3,077,957,  over  the  pre- 
vious year,  and  that  the  condition  of  the  common  schools,  of  the 
normal  school  and  state  university  had  exceeded  the  most  san- 
guine expectations,  and  the  conditions  of  the  charitable  insti- 
tutions, "devoted  to  the  care  and  education  of  our  children  of 
sorrow,"  were  flourishing. 

These  sources  of  commendation  were  supplemented  by  valuable 
recommendations.  First,  that  provision  should  be  made  for  leas- 
ing the  salt  springs  and  "utilizing  the  lands  donated  for  their 
development;''  and  that  an  agricultural  bureau  of  reports  and 
statistics  should  be  established  for  distribution,  such  as  to  in- 
duce immigration;  that  fish  culture  should  receive  encouraging 
legislation;  that  the  Indian  control  should  be  given  over  to  the 
war  department;  and  the  laws  receive  a  careful  revision. 


140  NEBRASKA    STATE   HISTORICAL  SOCIETY. 

His  plea  for  a  reform  school  for  juvenile  offenders  was  hearty 
and  intelligent,  containing  references  to  the  experiences  of  other 
states,  and  saying: 

In  recommending  the  establishment  of  an  institution  of 
ihis  kind  in  the  State,  I  do  so  believing-  that  charity  for  our 
wayward  youth  invokes  it  and  the  full  performance  of  a 
righteous  duty  to  humanity  demands  it. 

I  have  an  abiding  faith  in  Nebraska's  future.  Indeed, 
who  can  not  have,  when  we  compute  the  value  of  the  in- 
creasing flocks  that  dot  her  vast  domain,  and  the  pro- 
ductive wealth  of  her  million  acres  once  subdued  and  yield- 
ing golden  harvests  to  enrich   the  husbandman. 

With  a  sound  and  wholesome  code  of  laws  for  its  corner 
stone,  we  may  build  up  here  a  commonwealth  in  this  center 
of  the  continent  that  shall  swell  the  high  wave  of  com- 
merce surging  between,  the  mines  of  the  West  and  the 
marts  of  the  East,  and,  maturing  as  it  advances  in  age,  it 
shall  stand  prominent  in  the  grand  galaxy  of  states. 

I  sincerely  trust  that  your  deliberations  may  be  con- 
ducted in  harmony  and  attended  with  those  beneficial  re- 
sults so  confidently  anticipated  by  your  constituents.  To 
those  officers  with  whom  I  have  been  associated  in  the  con- 
duct of  public  affairs,  I  extend  my  warmest  thanks  for 
their  uniform  kindness  and  courtesy. 

And  now,  in  relinquishing  the  high  trust  committed  to 
my  charge  four  years  ago,  I  desire  to  make  my  grateful  ac- 
knowledgments to  a  most  generous  and  indulgent  people; 
and  upon  them,  yourself,  and  the  State,  I  invoke  the 
continued  favor  of  Almighty  God. 


STATE    GOVERNORS.  141 


GOVERNOR  ALBINUS  NANCE. 

1879-1883. 

Iii  the  career  of  Albums  Nance  we  have  a  splendid  illustration 
of  the  energy  and  pluck  of  Young  America.  He  was  born  in 
March,  1848,  at  Lafayette,  Stark  County,  Illinois.  At  the  age  of 
sixteen  years  we  lind  him  a  soldier  in  the  civil  war.  He  passed 
through  the  war  with  only  slight  wounds,  and  was  mustered  out 
with  his  regiment.  Next  we  find  him  in  civil  life,  a  student  at 
Knox  College,  at  Galesburg,  Illinois,  where  the  foundation  for 
his  professional  life  was  established  and  where  he  was  admitted 
to  the  bar  in  1870,  in  the  twenty-second  year  of  his  age. 

If  his  better  genius  should  not  fail  him,  all  his  past  successes 
indicated  early  achievements  in  the  future.  Soon  thereafter 
he  graduated  as  a  pre-emptor  and  farmer,  and  became  a  repre- 
sentative in  the  Nebraska  legislature;  was  chairman  of  the  state 
delegation  in  the  Republican  National  Convention  at  Cincin- 
natti  in  1876;  and  in  the  same  year  again  elected  to  the  legis- 
lature and  made  speaker  of  the  house  of  representatives,  while 
still  under  thirty  years  of  age.  With  the  dawn  of  1883,  in  the 
thirty-fifth  year  of  his  age,  he  had  added  to  his  other  triumphs 
and  services,  four  years  in  the  gubernatorial  chair  of  his  adopted 
state,  and  was  retiring  to  private  life  respected  for  manly  virtues 
and  official  integrity. 

The  inaugural  address  of  Governor  Nance  gave  the  population 
of  the  State  in  1881  as  over  400,000,  with  not  more  than  one- 
tenth  of  its  area  under  cultivation,  and  only  about  one-third  of 
the  State  populated. 

The  Great  American  Desert  had  receded  as  settlement  ad- 
vanced, and  he  predicted  that  soon,  as  an  agricultural  state,  Ne- 
braska, would  have  no  superior,  with  a  large  amount  of  land  de- 
voted to  grazing  in  the  western  part.  The  time  was  most  aus- 
picious, as  good  crops  had  been  secured  for  several  years  and 
financially  the  people  were  exceptionally  prosperous.     He  urged 


142  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

the  claims  of  agriculture  and  horticulture,  of  equitable  laws  as  to 
interest  and  capital,  and  placed  the  moral  and  intellectual  cul 
tun-  and  protection  of  the  people  on  an  even  higher  plane  than 
exemption  from  Indian  and  monopolistic  domination.  He  made 
it  a  source  of  congratulation  that  a  high  standard  of  instruction 
had  been  attained  in  the  schools,  with  an  endowment  of  near 
$20,000,000.  Four  years  thereafter,  at  the  expiration  of  his  sec- 
ond term  of  two  years  each,  his  statement  of  progress  was  very 
cheering. 

<>n  the  third  of  January,  1883,  Governor  Nance  delivered  his 
last  message  to  the  legislature,  with  the  following  introduction: 

Gentlemen  of  the  Senate  and  House  of  Representatives: 
Legislative  authority  has  been  conferred  upon  you  at  an 
auspicious  period  in  the  history  of  the  State.  Since  the 
last  regular  session  of  the  legislature  there  has  been  a 
marked  degree  of  prosperity  in  every  department  of  indus- 
try, and  our  growth  in  population  and  wealth  has  been  a 
marvelous  event,  even  to  those  who  had  indulged  the  most 
sanguine  anticipations  in  contemplating  the  possibilities  of 
the  future.  A  brief  review  of  our  state  history  may  be 
profitably  considered  in  this  connection.  At  the  date  of 
admission  into  the  Union  in  1867,  the  population  of  Ne- 
braska was  estimated  at  70,000,  and  the  aggregate  value  of 
taxable  property  of  the  State  was  $20,115,252.  The  popula- 
tion at  the  present  time,  as  estimated  on  the  basis  of  a 
moderate  increase  over  the  census  of  1880,  is  not  less  than 
600,000.  The  total  assessed  value  of  property  as  shown 
by  the  grand  assessment  roll  of  1882,  on  file  in  the  office  of 
the  state  auditor  is  $98,537,475. 

The  sparse  settlements  in  1867  were  remote  from  centers 
of  trade  and  railroad  connection,  and  were  deprived  of 
most  of  the  comforts  of  life.  The  people  of  Nebraska  are 
now  brought  into  close  relations  with  the  commercial  and 
social  world,  and  it  is  a  gratifying  fact  that  every  organ- 
ized county  in  the  State,  except  eight,  has  railroad  facili- 
ties. Two  principal  agencies  have  accomplished  this  trans- 
portation. The  homesteaders,  under  the  liberal  policy  of 
the  general  government,  accepting  a  heritage  which  in  itself 
was  a  valuable  legacy,  have  toiled  from  year  to  year  with 
untiring  energy  and  splendid  success  in  improving  the  lands 
thus  secured.  The  capitalists  of  this  and  other  countries 
having  a  degree  of  faith  in  our  future  which  has  been  more 
than  justified  by  results,   pushed   the   work  of  railroad   ex- 


STATE    GOVERNORS.  143 

tension  in  Nebraska  with  unexampled  zeal,  and  thus 
opened  the  way  for  the  large  immigration  which  followed 
from  the  eastern  states  and  the  old  world.  The  policy  of 
the  general  government,  in  granting  aid  to  railroads,  as 
in  giving  homesteads  to  settlers,  was  designed  to  promote 
the  general  welfare,  and  it  speedily  gave  us  a  railroad  sys- 
tem which  ha.5  been  a  potent  agency  in  developing  our  nat- 
ural resources.  The  practical  co-operation  of  the  above 
mentioned  agencies  has  brought  us  to  a  period  of  prosper- 
ity which  is  contemplated  with  feelings  of  pride  by  every 
citizen  of  Nebraska. 

Having  given  the  treasury  balance  as  $343,018  at  the  end  of 
his  first  term,  it  was  now,  in  1883,  $472,114.  Inasmuch  as  $92,984 
were  due  the  State  as  interest  and  rentals,  on  sales  and  leases 
of  school  lands,  he  recommended  that  school  land  contracts  be 
cancelled  in  cases  of  default,  believing  that  persons  had  bees 
holding  these  lands  for  speculative  purposes.    On  schools  he  aaid: 

The  school  attendance  in  1882  was  115,546,  an  increase 
of  14,770  over  the  number  in  attendance  the  previous  year. 
The  total  value  of  school  property  is  estimated  at  $2,054,049. 
The  fund  derived  from  this  endowment  has  increased  from 
year  to  year,  in  about  the  same  proportion  as  the  increase 
o*  population,  consequently  the  increase  per  capita  has  not 
materially  changed. 

Tne  friends  of  the  University  were  congratulated  that  dis- 
tracting questions  were  beng  settled  in  indication  of  enlarged 
usefulness  and  prosperity.  His  previous  message  gave  the  Nor- 
mal school  275  students  while  the  one  of  1883  reported  318.  The 
state  library  numbered  21,487  volumes.  The  attendance  upon  the 
institute  for  the  deaf  and  dumb,  during  his  administration  had 
increased  from  seventy-five  to  one  hundred  and  twenty,  at  an 
expense  per  capita  of  $3.29  for  maintenance  per  week.  The  pat- 
ronage of  the  institute  for  the  blind  remained  about  stationary, 
and  at  a  cost  of  $5.33  per  person  per  week.  There  had  been  no 
special  increase  in  the  number  of  penitentiary  convicts  and  the 
number  of  deaths  annually,  there  being  but  one  during  his  in- 
cumbency. Under  the  fostering  care  of  Governor  Nance's  admin 
istvation  the  Reformatory  came  into  existence  and  had  received 
thirty-seven  inmates.    On  retiring  he  said  in  its  behalf: 


144  NEBRASKA    STATIC   HISTORICAL   SOCIETY. 

The  tendency  of  the  reform  school  to  repress  and  pre- 
vent the  coin  miss  ion  of  crime  is  indisputable  and  if  sup- 
ported on  a  liberal  scale  it  will  prevent  large  expenditures 
for  the  punishment  of  hardened  criminals.  If  viewed  only 
from  a  humane  standpoint  the  school  should  have  every 
encouragement,  as  it  enables  the  State  to  rescue  a  large 
number  of  children  from  vicious  surroundings  and  give 
them  the  advantage  of  a  good  education,  together  with  well 
established    habits   of  industry. 

The  Home  for  the  Friendless  also  dates  back  to  1881: 

The  legislature  of  1881  provided  for  the  erection  of  a 
home  for  the  friendless,  and  made  an  appropriation  for 
that  purpose,  subject  to  the  conditions  specified  in  the  act, 
in  compliance  with  which  the  institution  has  been  located 
at    Lincoln. 

Conceding  Hie  great  advantages  to  the  State,  by  virtue  of  the 
stimulus  imparted  to  settlement  and  traffic  by  railroad  construc- 
tion, the  governor  gave  prompt  consideration  to  the  compara- 
tively new  question  of  legislative  control: 

In  the  state  of  Illinois  every  phase  of  the  question  has 
been  under  consideration  during  the  past  twelve  years,  and 
by  means  of  a  board  of  Railroad  Commissioners,  equitable 
rates  of  transportation  have  been  established  and  many  of 
the  abuses  complained  of  corrected.  I  also  invite  your  at- 
tention to  the  laws  of  Iowa  providing  for  the  organization 
of  a  board  of  railway  commissioners  and  to  their  subse- 
quent reports  and  proceedings.  The  general  results  in  that 
State  have  justified  the  acts  of  the  legislature  creating  that 
board.  The  reports  of  the  commissioners,  both  of  Illinois 
and  Iowa,  contain  a  mass  of  valuable  information,  bear- 
ing upon  every  feature  of  the  question,  and  may  be  studied 
with  profit  by  all  who  are  interested  in  securing  impartial 
legislation  upon  this  subject  in  our  own  State. 

After  giving  information  relative  to  many  items  of  business 
and  enforcing  many  duties  upon  the  legislators,  Governor  Nance 
came  to  his  final  conclusion  : 

As  my  official  term  is  about  to  close,  1  recall  with  pleas- 
ure the  kindly  relations  which  I  have  sustained  toward 
those  who  occupy  official  positions  throughout  the  State. 
To  the  stale  officers  and  heads  of  state  institutions  with 
whom    1    have   been   associated    during  the    past   four  years,    I 


STATE    GOVERNORS.  145 

tender  my  sincere  thanks  for  their  earnest  co-operation  and 
uniform  courtesy.  I  also  desire  to  express  the  gratitude 
I  feel  toward  the  people  of  Nebraska  for  the  steadfast  sup- 
port which  they  have  given  me  in  my  efforts  to  execute 
the  laws  with  fidelity.  The  steady  and  vigorous  growth 
of  our  young  commonwealth  during  the  period  that  I  have 
occupied  the  position  of  chief  executive,  has  been  a  source 
of  continual  satisfaction,  and  I  ardently  cherish  the  hope 
that  the  future  of  Nebraska  may  be  one  of  uninterrupted 
prosperity. 

During  the  summer  and  fall  of  1882  an  active  canvass  of  the 
State  was  made  in  behalf  of  the  "rights  of  suffrage,"  an  amend- 
ment to  the  constitution  being  submitted  to  extend  the  right 
irrespective  of  sex.  The  discussion  which  followed  the  passage 
of  the  amendment  was  participated  in  by  most  of  the  dis- 
tinguished orators  of  the  United  States,  such  as  Susan  B.  An- 
thony, Elizabeth  Cady  Stanton,  Mrs.  Sewell,  Mrs.  Hinman,  and 
numerous  others.  As  early  as  1856,  by  invitation  of  members, 
that  pioneer  worker,  Mrs.  Amelia  Bloomer  of  Iowa,  presented 
the  cause  before  the  legislature  of  Nebraska.  The  rejection  of 
the  amendment  by  the  vote  of  1882  argues  nothing  against  the 
willingness  of  the  people  to  keep  step  with  the  onward  march  of 
progress.  All  preliminary  acts  have  been  passed  and  heartily 
approved  by  them,  and  although  they  declined  a  place  at  the 
head  of  the  column,  they  will  finally  occupy  it.  Already  they 
have  made  woman  the  equal  of  man  in  the  marriage  contract 
and  the  divorce  court,  in  trade  and  transferring  and  holding 
property,  in  the  collection  of  wages,  and  the  right  to  bring  suit 
at  law,  whether  married  or  single,  and  in  the  professions  and 
trades,  and  clerical  positions,  limited  only  by  ability,  inclination, 
and  taste.  On  the  assumption  that  they  who  are  specially  inter- 
ested in  a  subject  shall  be  allowed  to  discuss  and  control  it,  they 
have  provided  for  women's  votes  in  school  meetings.  Presently 
old-fogyism,  prejudice,  and  ignorance,  will  cease  to  control,  and 
the  honestly  conservative  will  decide  that  the  rights  of  women 
to  influence  through  the  ballot  should  be  conceded  in  county 
and  state.  The  vote  in  behalf  of  the  amendment  was  25,756  and 
against  it,  50,693.  The  manufacturers  of  spirituous  liquors,  the 
li 


140  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

retailers,  and  many  of  the  drinkers,  were  a  united  phalanx 
against  it,  on  the  ground  that  the  ballot  of  women  would  be  di- 
rected against  the  traffic  and  in  behalf  of  sobriety,  pure  morals, 
and  better  government. 

As  the  high  license  or  Slocumb  liquor  law  was  approved  and 
signed  by  Governor  Nance,  it  seems  appropriate  that  the  events 
preceding  it  should  be  recorded  anions  the  results  of  his  admin- 
istration. During  the  early  administration  of  the  Territory,  Ne- 
braska could  claim  a  devoted  band  of  temperance  workers.  But 
while  a  large  element  of  the  population  consisted  of  single  men 
and  families  holding  only  temporary  residences,  with  recent  im- 
migrants from  lands  unacquainted  with  restrictive  or  prohibitory 
legislation,  even  a  reform  in  a  license  system  was  difficult  of  ac- 
complishment. 80  early  as  1861,  an  act  was  passed  to  amend  one 
of  1858  requiring  "an  applicant  for  license  to  pay  for  the  use  of 
the  school  fund  not  less  than  $15.00  nor  more  than  |200.00  at 
the  discretion  of  the  county  commissioners."  As  the  population 
became  more  settled  and  homogeneous,  permanent  associations 
were  established.  Delegates  from  thirteen  local  lodges  organ- 
ized the  "Good  Templars"  in  1867,  and  in  1881  the  local  bodies 
numbered  113  with  a  membership  of  5,000.  The  organization  of 
the  Temple  of  Honor  and  the  Red  Ribbon  Clubs  date  back  to 
1877.  This  revival  of  interest,  much  accelerated  by  the  splendid 
services  of  John  B.  Finch,  antedated  the  failure  to  pass  a  pro- 
hibition bill  in  1879.  In  1881  the  legislature,  declining  to  pass  a 
proposition  for  an  amendment  of  the  state  constitution  in  favor 
of  prohibition,  did  finally  enact  what  was  known  as  the  "Slo- 
cnmb  Law,"  in  honor  of  its  originator,  Hon.  C.  B.  Slocumb  of 
Jefferson  county,  which  was  approved  by  (lovernor  Nance  Feb- 
ruary, 1881.  In  order  to  secure  some  semblance  of  prohibition, 
the  law  made  it  a  penal  offense  to  sell  or  give  away  intoxicating 
liquors  in  any  precinct  or  township  where-  thirty  freehold  peti- 
tioners conld  not  be  found;  and  in  any  case  made  it  discretion- 
ary with  county  boards  to  decide  the  expediency  of  granting 
license.  A  prohibition  county  could  thus  elect  a  board  to  carry 
out  their  will.    It  prohibited  utterly  the  sale  to  "minors,  appren- 


STATE    GOVERNORS.  147 

tices  or  servants  under  twenty-one  years  of  age;  and  to  Indians, 
insane  persons  and  idiots  and  habitual  drunkards."  The  same 
principle  was  applied  to  the  protection  of  about  fifty-five  days  in 
the  year,  on  Sundays  and  election  days.  The  advocates  of  reform 
had  contended,  that  the  support  of  paupers,  criminals,  insane,  and 
poor  and  the  robbery  of  wives  and  children  and  community  were 
largely  due  to  the  traffic  in  liquors  and  should  not  be  borne  by 
the  unoffending  and  helpless,  through  public  taxes  and  social 
charities.  This  proposition  was  conceded  by  provisions,  that  the 
retailer  should  pay  all  damages  resulting  to  the  community  or 
individuals,  and  support  all  paupers,  widows  and  orphans  made 
so  by  the  traffic;  and  pay  for  all  civil  and  criminal  prosecutions 
growing  out  of  it. 

The  amount  of  license  was  to  be  not  less  than  f  500  nor  more 
than  $1,000,  and  a  bond  in  a  penalty  of  f  5,000  was  to  be  given, 
with  which  to  defray  legal  damages  and  costs.  It  was  made 
a  crime  to  treat  or  give  away  liquors  to  be  drunk  in  any  saloon 
or  place  where  they  were  sold,  or  to  obstruct  the  view  of  doors 
or  windows  with  screens,  paint,  blinds,  or  other  articles.  -This 
law,  under  which  the  traffic  was  to  live,  if  it  existed  at  all,  was 
the  most  fearful  commentary  on  its  infamy  ever  published,  and 
was  only  accepted  by  the  craft  as  more  desirable  for  them  than 
legislative  prohibition.  Bnt  the  almost  utter  impossibility  of 
putting  its  provisions  in  practice,  and  the  interested  protection 
extended  the  saloon  by  unscrupulous  politicians,  and  the  paral- 
ysis of  morals  from  replenished  school  treasuries,  caused  the 
friends  of  temperance  to  desire  another  effort  at  legislative  pro- 
hibition. In  1885,  an  act  passed  the  legislature,  providing  that 
after  the  first  of  January,  1880,  "No  certificate  shall  be  granted 
to  any  person  to  teach  in  the  public  schools  of  the  state  of  Ne- 
braska, who  has  not  passed  a  satisfactory  examination  in  physi- 
ology and  hygiene,  with  special  reference  to  the  effects  of  alcohol 
upon  the  human  system."  This  was  considered  a  valuable  ac- 
quisition to  reform  literature.  All  necessary  preliminaries  hav- 
ing been  arranged,  a  prohibitory  amendment  proposition  was 
voted  upon  in  November,  1890,  but  failed  to  receive  a  majority 
endorsement. 


1  IS  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


JAMES  W.  DAWES. 

1883-1887. 

The  fifth  governor  of  Nebraska  was  bom  at  McConnellsville, 
Morgan  county,  Ohio,  January  8,  1845,  where  the  first  eleven 
years  of  his  life  were  spent.  In  185G,  by  the  removal  of  his 
father's  family,  he  became  a  resident  of  New  Port,  Wisconsin. 
His  father's  health  failed  in  the  practice  of  medicine,  and  there 
was  ample  opportunity  for  an  outlay  of  youthful  energy  on  the 
land  that  had  been  purchased. 

Working  on  the  farm  during  the  season  of  cultivation,  and 
attending  common  school  in  winter,  supplemented  with  two 
terms  in  the  preparatory  department  of  Western  Reserve  Col- 
lege, Ohio,  and  a  six  months  course  in  a  business  college  in  Mil- 
waukee, Wisconsin,  constituted  the  extent  of  his  agricultural 
and  educational  acquirements.  The  death  of  his  father  having 
rendered  his  graduation  in  college  impracticable  at  this  time, 
his  self  culture  was  continued  during  four  years  preceding  Oc- 
tober, 1868,  by  the  reading  of  law,  while  clerking  in  a  store. 
Having  determined  upon  the  law  as  a  profession,  in  1869  he  en- 
tered the  office  of  John  H.  Dawes,  of  Fox  Lake,  Wisconsin,  and 
was  admitted  to  the  bar  in  Januarv,  1871. 

The  same  year,  1871,  in  the  month  of  September,  he  located 
at  Crete,  Saline  county,  or  rather  anticipated  the  coming  of  the 
beautiful  little  city,  for  a  corn-crop  had  been  cultivated  upon 
the  townsite  the  previous  year.  Work  upon  the  Burlington  and 
Missouri  River  railroad  having  reached  the  county  and  crossed 
the  Blue  River,  enthusiastic  immigrants  fancied  a  railroad  cen- 
tre, the  home  of  manufactures  and  remunerative  commerce. 
But  immigration  must  produce  business  before  litigation  could 
furnish  remunerative  practice  for  the  legal  profession,  and  ac- 
cordingly we  find  the  young  attorney  devoting  himself  to  mer- 
cantile pursuits  for  the  term  of  six  years.  In  1877  he  opened  a 
law   office  and   has   continued   in   the  practice   until    recently. 


STATE    GOVERNORS.  149 

L5ut  politics  were  always  a  certain  and  successful  crop,  and  could 
be  had  for  the  gardening-,  and  a  merchant  of  courteous  address, 
an  honorable  trader,  and  a  kind  and  indulgent  creditor  occupied 
an  enviable  position  among  public  aspirants.  Accordingly  we 
find  Mr.  Dawes  a  member  of  a  constitutional  convention  in  1875, 
four  years  after  his  advent  to  the  State,  and  in  1876  a  state  sen- 
ator from  Saline  County,  and  from  that  date  for  six  years  chair- 
man of  the  Republican  state  central  committee.  For  four  years 
following  1880,  he  served  his  party  as  member  of  the  national  re- 
publican committee,  having  been  a  delegate  to  the  convention 
of  1880  at  Chicago.  True  to  the  traditions  of  his  New  England 
ancestry  and  from  his  own  mature  convictions,  he  welcomed  and 
espoused  the  establishment  of  Doane  college  by  the  Congrega- 
tional denomination  and  has  served  it  as  a  trustee  and  secretary 
for  seventeen  years.  In  1882  he  was  elected  governor,  having  as 
competitors  J.  Sterling  Morton,  Democrat,  and  H.  G.  Ingersoll, 
Independent;  and  was  re-nominated  and  elected  to  a  .second  tenn 
in  1881,  having  again  Mr.  Morton  as  an  opponent,  with  J.  B. 
Miller,  Prohibitionist.  Without  intending  to  trace  the  official 
career  of  Governor  Dawes  in  these  brief  introductory  allusions, 
it  can  not  be  out  of  place  to  suggest  that  his  course  and  success 
should  inspire  the  honest  ambitious  youth  of  the  State  who  are 
not  inheritors  of  wealth  or  aids  in  advancement  to  coveted  cir- 
cles and  official  positions. 

On  the  fourth  day  of  January,  1883,  James  W.  Dawes  deliv- 
ered his  inaugural  address: 

Gentlemen  of  the  Senate  and  House  of  Representatives: 
Having  been  called  by  the  people  of  Nebraska  to  serve  them 
in  the  capacity  of  their  chief  executive,  it  is  in  obedience 
to  time-honored  custom  that  I  appear  before  you  to-day. 
In  entering  upon  the  discharge  of  the  duties  pertaining 
to  the  position,  I  am  deeply  impressed  with  its  responsi- 
bilities and  the  magnitude  of  the  trust  placed  in  my  keep- 
ing. It  is  my  determination  to  devote  my  best  efforts  to 
the  service  of  the  people,  and  I  shall  serve  them  with  all 
honesty  of  purpose  and  earnest  endeavor. 

In  obedience  to  the  requirements  of  the  constitution,  the 
officers  of  the  executive  department  and  of  all  the  public 
institutions    of    the    State   have    severally    reported    to    the 


150  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

governor.  An  examination  of  various  reports  will  satisfy 
the  most  critical  that  the  affairs  of  the  State  are  in  a  sat- 
isfactory condition;  and  they  furnish  ample  evidence  of  the 
fact  that  the  interests  of  the  Stale  have  been  in  able  and 
trust  worthy  hands.  For  a  detailed  statement  of  the  con- 
dition of  affairs  yon  are  referred  to  the  message  of  my  pre- 
decessor that  has  just  been  read  to  you  and  to  the  reports 
above  mentioned,  which  are  full  of  valuable  information 
concerning-  public  affairs.  I  would  ask  for  them  all  a  care- 
ful and  painstaking-  examination  at  your  hands,  and  that 
the  various  suggestions  and  recommendations  therein  con- 
tained may  receive  the  consideration  to  which  their  merits 
entitle  them.  This  examination  should  be  early  and  careful 
and  you  will  find  that  economy  has  characterized  public 
expenditures  and  efficiency  and  faithfulness  been  manifest 
in  all  the  state  departments  and  institutions.  I  submit 
the  following  suggestions  and  recommendations. 

He  then  suggested  such  a  course  of  legislation  as  should  at- 
tract immigration  to  the  State,  stimulate  every  agricultural  and 
horticultural  interest,  advance  common  school  education,  sustain 
the  state  university,  invigorate  all  benevolent  institutions  com- 
mensurate with  the  demands  of  advanced  humanity,  develop  our 
hidden  resources  by  a  geological  survey,  organize  a  sufficient 
and  available  militia,  and  protect  the  people  against  the  sale 
of  fraudulent  patents  and  bogus  stocks. 

Taking  up  the  railroad  question  where  his  predecessor  had 
advanced  it,  he  gave  it  a  reasonable  and  prudent  presentation, 
as  follows: 

In  this  connection  I  will  quote  from  article  eleven  (11) 
entitled  corporations,  of  the  constitution  of  Nebraska,  sec- 
tions numbered  four  (4)  and  seven  (7):  Section  '/.  Railways 
heretofore  constructed  or  that  may  hereafter  be  constructed 
in  this  State,  are  hereby  declared  public  highways,  and  shall 
be  free  to  all  persons  for  the  transportation  of  their  per- 
sons and  property  thereon,  under  such  regulations  as  may 
be  prescribed  by  law.  And  the  legislature  may  from  time 
to  time  pass  laws  establishing  reasonable  maximum  rates 
of  charges  for  the  transportation  of  passengers  ami  freight 
on  the  different  railroads  in  the  State.  The  liability  of  rail- 
road corporations,  as  common  carriers,  shall  never  be 
limited. 

Sect'.Oll    7.      The    legislature    shall     pass     laws    to    correct 


STATE    GOVERNORS.  151 

abuses  and  prevent  unjust  discriminations  and  extortions 
in  all  charges  of  express,  telegraph  and  railroad  companies 
in  this  State,  and  enforce  such  laws  by  adequate  penalties 
to  the  extent,  if  necessary  for  that  purpose,  of  forfeiture 
of  their  property  and   franchises. 

These  citations  are  made  for  the  reason  that  I  wish  to 
bring  before  your  minds  directly,  and  in  the  most  forcible 
manner,  the  fact  that  by  virtue  of  these  provisions  in  our 
fundamental  law  the  people  have  reserved  to  themselves 
absolute  power  in  all  matters  pertaining  to  the  correction 
of  abuses,  extortions  or  unjust  discriminations  upon  the 
part  of  railroads  or  other  corporations. 

Railroads  may  be  justly  regarded  as  among-  the  most  im- 
portant factors  in  the  rapid  development  of  our  State,  and 
it  is  of  vital  importance  to  all  interests  that  they  be  sus- 
tained and  encouraged,  for  it  must  be  remembered  that 
such  corporations  are  indispensable  to  the  material  pros- 
perity of  the  State.  They  have  in  the  past  been  dealt  with 
generously  by  both  the  Nation  and  the  State;  and  there  is 
to-day  no  sentiment  among  our  people  such  as  demands 
that  the  railroads  should  be  either  destroyed  or  crippled  to 
the  extent  of  impairing-  their  usefulness  or  so  restricted  as 
to  deprive  them  of  a  legitimate  return  upon  capital  invested. 
If  the  railroads  have  been  unjust,  the  people  will  not  in 
turn  be  unjust.  The  people  can  not  afford  to  be  unjust  to 
any  interest,  but  will  be  careful  that  the  rights  of  the  public 
as  against  corporations  are  protected  by  efficient  law.  It  is 
only  asked  that  such  control  and  regiilation  be  had  as  will 
be  just  and  fair  considering  the  respective  rights  of  both 
the  people  and  the  corporations.  This  is  no  unreasonable 
demand.  It  is  such  a  demand  as  keeps  steadily  in  view  the 
important  fact  that  with  our  resources  as  yet  all  but  unde- 
veloped, Ave  must  not  repel  capital  by  legislation  such  as 
would  hazard  our  best  interests. 

The  custom  of  granting  passes,  on  the  part  of  railroad 
corporations,  to  state  officials  and  members  of  the  state 
legislature,  is  one  of  long  standing,  and  I  might  say,  of 
almost  universal  practice.  While  I  do  not  believe  that 
passes  have  been  given  or  intended  in  the  nature  of  a  bribe, 
or  for  the  purpose  or  with  the  expectation  of  improperly 
influencing  the  action  of  individuals,  or  that  they  have  been 
considered  by  those  who  may  have  taken  and  used  them  as 
placing-  them  under  any  obligation,  direct  or  indirect,  the 
fact  yet  remains  that  a  pass  represents  value,  and  its  ac- 
ceptance is  for  that  reason  of  doubtful  propriety.  To  the 
end  that  the  representatives  of  the  people  may  be  enabled 
to  avoid  even  the  bare  suspicion  of  having  been  improperly 


152  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

influenced  in  their  action  or  in  the  faithful  discharge  of 
their  public  duties,  it  is  recommended  that  a  law  be  en- 
acted prohibiting  1he  "ranting  of  passes  to  officials  of  the 
executhe  department  of  the  State,  members  of  the  legis- 
lature, and  to  any  of  the  class  of  officials  who,  by  reason 
of  their  public  position,  may  have  it  within  their  power 
either  to  confer  or  withhold  favors  or  benefits  to  railroad 
corporations. 

In  conclusion  I  wish  to  assure  you,  that  in  all  matters 
calculated  to  promote  the  honor,  property  and  general  wel- 
fare of  the  State,  you  will  have  my  earnest  co-operation, 
and  that  entering  upon  the  discharge  of  the  duties  of  the 
executive  department  it  is  in  the  firm  belief  that  you  will 
extend  to  me  your  generous  aid  and  counsel. 

When  Governor  Dawes  delivered  his  first  biennial  message 
January  8,  1885,  he  gave  the  balance  of  funds  on  hand  in  the 
treasury  at  $442,816,  and  the  assessed  value  of  taxable  property 
of  the  State  at  $123,615,886.  He  declared  that  all  of  the  public 
institutions  of  the  State  were  in  excellent  hands.  Of  the  hos- 
pital for  the  insane  he  reported  "410  received  during  the  past 
two  years,  which  added  to  the  former  number  of  273  made  a 
total  of  683.  Of  the  number  treated,  323  have  been  discharged, 
144  of  whom  were  restored  to  mental  health,  69  much  improved, 
63  unimproved  were  returned  to  their  counties,  and  forty- 
three  died  during  the  two  years." 

He  said  of  the  Home  of  the  Friendless: 

The  Home  was  opened  to  receive  inmates  January  1st, 
1882,  and  since  that  time  has  received,  adults  95,  children 
133 — making  a  total  of  228.  There  have  been  surrendered  to 
the  Home  75  children  and  of  this  number  57  have  been 
placed  in  good  homes  in  this  State. 

It  appeared  from  the  reports  that  during  his  first  term  of  two 
years,  141  had  attended  the  Deaf  and  Dumb  School,  and  numer- 
ous applications  had  been  made  for  the  reception  of  feeble- 
minded persons,  of  whom  we  had  in  1880,  as  shown  by  the  cen- 
sus, 356;  and  hence  the  recommendation  of  a  separate  institution 
for  their  benefil.  During  the  same  time  thirty-six  pupils  had 
been  in  attendance  upon  the  School  for  the  Blind.  To  the  credit 
of  the  school,  its  industrial  department  had  an  exhibit  at  the 
New  Orleans  Exposition. 


STATE    GOVERNORS.  153 

There  bad  been  during  tbis  term  131  discharged  from  the  Pen- 
itentiary and  178  received,  leaving  259,  of  whom  23  were  in  for 
life. 

The  State  Keform  School  is  entitled  to  special  notice,  of  which 
the  governor  said: 


&v 


Under  the  law  regulating-  the  management  of  this  institu- 
tion, boys  and  girls  under  sixteen  years  of  age  found  guilty 
of  any  crime  except  murder  or  manslaughter  may  be  re- 
ceived. This  school  was  established  and  intended  not  for 
punishment,  strictly  speaking-,  but  rather  for  education 
and  reformation;  a  place  of  restraint  and  correction  for 
those  for  whom  such  treatment  may  suffice  to  restore  them 
to  an  upright  life  and  fit  them  for  future  usefulness.  Stand- 
ing- between  the  youthful  offender  and  the  institution  pre- 
pared for  and  which  should  receive  only  hardened  criminals, 
the  interests  of  society  demand  that  a  liberal  policy  should 
be  pursued  in  carrying  out  and  promoting  the  objects  for 
which  it  was  created.  The  school  has  at  present  63  inmates. 
In  August,  1883,  the  contract  was  let  for  an  additional  build- 
ing, at  a  cost  of  $37,410.  This  building  has  been  completed, 
and  is  now  ready  for  use,  and  I  am  informed  that  applica- 
tions for  admission,  now  on  file,  will  exhaust  the  increased 
accommodations  so  furnished.  I  would  impress  upon  you 
the  great  importance  of  the  work  we  have  undertaken  in 
the  organization  of  this  reform  school,  and  would  recom- 
mend for  it  reasonable  support  and  encouragement. 

The  educational  exhibit  showed  a  constant  and  healthy  prog- 
ress : 

Nebraska  is  justly  proud  of  her  common  schools,  and 
much  of  their  efficiency  is  due  to  the  wise  planning  and  well 
directed  effort  of  our  present  state  superintendent  of  public 
instruction.  The  following  statistics  will  be  found  of  inter' 
est  as  showing  the  development  of  our  State  in  the  direc- 
tion of  her  dearest  educational  interest,  the  common  school. 
Total  number  of  school  age,  209,403;  boys,  108,998;  girls, 
100,405;  total  enrollment,  137,618;  boys,  71,680;  girls,  65,938; 
total  number  of  teachers  employed,  6,055;  males,  1,906; 
females,  4,144;  school  houses  built  in  1884,  309;  total  num- 
ber of  school  houses,  3,662;  total  value  of  school  property, 
$2,786,385;  permanent  school  fund,  $3,977,216;  temporary 
school  fund,  $1,021,228. 

He  gave  the  attendance  at  State  Normal  School  at  470  for  past 


154  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

two  years,  and  graduates  89.  The  library  contained  2,000  vol- 
umes, and  the  attendance  was  increasing  at  the  rate  of  20  per 
cent.  The  dove  of  peace  once  more  hovered  over  the  University, 
and  the  whole  attendance  last  year  was  282.  The  announcement 
that  an  industrial  or  agricultural  college  had  been  established, 
with  a  practical  farmer  in  charge,  was  accompanied  with  the 
recommendation  that  liberal  appropriations  be  made. 

Agriculture  is  the  leading-  and  most  important  industry  in 
the  State.  An  examination  of  the  report  of  the  State  Board 
of  Agriculture,  which  gives  a  detailed  statement  of  their 
proceeding's,  plainly  shows  that  their  work  has-been  well 
done,  and  that  the  aid  given  this  board  has  been  well  be- 
stowed. While  the  prices  received  for  our  farm  produce 
are  not  as  remunerative  as  at  other  periods  in  our  history, 
yet  speaking  in  general  terms  our  agricultural  interests, 
as  shown  by  crop  statistics,  were  never  in  a  more  prosper- 
ous condition.  The  horticultural  interests  of  the  State  are 
in  a  flourishing  condition,  and  it  has  been  established  be- 
yond a  doubt  that  Nebraska  is  a  fruit  state.  The  matter  of 
successful  fruit  culture  is  one  that  enters  largely  into  the 
economy  of  home  life,  and  I  am  safe  in  saying  that  no  one 
thing  has  done  more  to  attract  favorable  attention  to  our 
State  than  the  magnificent  displays  made  by  our  Horticul- 
tural Society  at  the  different  competitive  exhibitions,  in 
which,  in  a  majority  of  cases,  they  have  received  for  Ne- 
braska the  first  prize  for  their  display  of  fruits.  The  Agri- 
cultural and  Horticultural  societies  deserve  your  fostering 
care  as  most  serviceable  agents  in  developing  our  State, 
and  as  aids  in  placing'  her  in  the  rank  to  which  she  may 
justly   aspire. 

The  governor  reported  the  second  case  of  escheat,  in  which 
no  heirs  to  the  estate  of  Peter  Anderson  being  found  in  Kearney 
county,  the  amount  of  $246  was  turned  over  to  the  state  super- 
intendent of  education  and  by  him  deposited  in  the  treasury  for 
the  benefit  of  the  school  fund.  He  also  remembered  the  State 
Historical  Society  approvingly,  complimented  the  economical 
methods  of  the  Pish  Commission,  and  reported  the  State  Library 
at  23,308  volumes  and  in  good  condition.  He  urged  the  import- 
ance of  keeping  pace  with  sister  states  in  the  organization  of  the 
militia,   stated   that    the  contract  for  the  main  building  of  the 


STATE    GOVERNORS.  155 

new  capitol  was  closed  at  $439,187,  that  the  contractor's  bond 
had  been  filed  in  the  sum  of  $300,000,  and  further  that  $500 
had  been  transmitted  to  the  Lincoln  Monument  Association  at 
Springfield,  Illinois,  in  accordance  with  the  act  of  February,  1883. 
In  recommending  an  additional  appropriation  for  the  New  Or- 
leans Exposition  the  governor  paid  a.  high  compliment  to  ex- 
Governor  Furnas  for  his  part  in  preparing  an  exhibit  and  said: 

As  it  was  deemed  of  greatest  importance  to  the  interests 
of  Nebraska  that  she  should  be  represented,  ....  at 
a  joint  meeting  of  the  State  Agricultural  and  Horticultural 
societies  they  agreed  to  advance  $1,000  each  from  the  funds 
at  their  disposal  and  look  to  the  legislature  to  reimburse 
them.  The  remainder,  $3,000,  was  obtained  from  the  banks 
at  Lincoln  and  Omaha  upon  the  personal  notes  of  myself 
and  members  of  the  above  societies,  for  which  you  will  be 
asked  to  provide. 

A  new  feature  of  the  message  involved  the  creation  of  a  board 
of  state  charities,  and  health.    Of  the  former  he  said: 

The  creation  of  a  board  of  this  character  will  be  a  step 
in  the  direction  of  securing  a  more  just,  humane,  and  eco- 
nomical administration  of  public  charity  and  correction. 

Of  the  latter: 

A  communication  has  been  received  at  this  department 
from  the  National  Board  of  Health,  setting  forth  very  fully 
the  danger  that  menaces  the  people  of  this  country  in  the 
apprehended  appearance  of  Asiatic  cholera,  and  earnestly 
requesting  that  the  attention  of  the  legislature  be  called 
to  this  subject,  and  to  the  urgent  necessity  of  appropriate 
legislation  providing  means  whereby  the  most  thorough 
sanitary  service,  state  and  local,  may  be  immediately  or- 
ganized. 

Attention  was  also  called  to  the  necessity  of  such  laws  as 
would  guard  against  the  spread  of  "infectious  or  contagious  dis 
eases  among  the  stock  of  the  State."  The  doctrines  of  his  in- 
augural were  reiterated  on  the  subject  of  railroad  supervision. 
The  statement  of  revenue  from  educational  lands,  December  30, 
1884,  was  very  satisfactory  and  cheering: 


156  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

There  were  under  lease  953,038  acres,  appraised  at  $2,375,- 
744,  and  bearing-  an  annual  rental  of  $160,919  at  an  average 
valuation  of  $2.49  per  acre.  There  were  under  sale  461,407 
acres,  the  unpaid  principal  of  which  is  bearing-  six  per  cent 
on  $3,112,542  and  amounting  to  $186,752.  There  were 
$1,160,267  of  the  permanent  funds  invested  in  securities,  the 
annual  interest  on  which  is  $84,585,  making  in  all  a  tempo- 
rary fund  from  land  receipts  alone,  of  $432,257  per  annum. 
There  are  still  vacant  and  unappraised  1,478,086  acres  of 
common  school  lands,  or  about  one-half  of  the  original 
grant. 

The  whole  number  of  acres  of  land  owned  by  the  State  De- 
cember 1st,  1884,  were:  Common  school,  2,746,582;  Agricultural 
College,  89,080;  University,  44,906;  Normal  School,  12,562;  Saline 
lands,  13,368;  Penitentiary,  676;  total,  2,907,177. 

Having  officially  called  legislative  attention  to  the  question  of 
railroad  supervision,  and  clearly  elucidated  the  fact  that  the 
constitution  gave  full  and  adequate  power  in  that  behalf,  it  must 
have  been  very  gratifying  that  the  legislature  so  promptly  met 
the  question.  The  act  passed  provided  for  a  Board  of  Railroad 
Commissioners  consisting  of  the  attorney  general,  secretary  of 
state,  and  auditor  of  public  accounts,  with  a  secretary  for  each, 
to  represent  him,  and  granted  as  complete  control  of  railroads 
as  if  they  had  been  the  personal  property  of  the  Board,  sale  only 
excepted,  and  limited  only  by  the  terms  of  charters  and  state 
laws  and  "the  safety,  convenience  and  interest  of  the  public." 

To  protect  the  young  and  throw  safe-guards  around  the  de- 
pendent and  unfortunate,  in  the  humane  spirit  of  the  governor's 
message,  acts  were  passed,  first,  that  all  employers  of  female 
help  in  stores,  offices  and  schools  should  furnish  chairs,  stools 
or  seats  on  which  to  rest  when  duties  permitted  relaxation;  sec- 
ond, providing  for  a  female  assistant  in  the  medical  department 
of  insane  hospitals;  third,  that  no  censorship  should  be  exercised 
over  the  correspondence  sent  from  or  addressed  to  the  inmates 
of  insane  hospitals,  but  every  facility  should  be  furnished  for 
free  correspondence;  fourth,  that  "every  person  unable  to  earn 
a  living  on  account  of  bodily  infirmity,  idiocy,  lunacy  or  other  un- 
it voidable  cause,"  should  be  supported  by  certain  relatives  spec- 


STATE    GOVERNORS.  157 

ified  in  the  law;  fifth,  that  bodies  of  unclaimed  paupers  might 
be  given  up  for  dissection  to  medical  colleges  under  bonds,  and 
by  an  order  of  a  court,  to  be  used  within  the  State  only,  and  "in 
a  manner  that  shall  be  private  and  in  no  wise  shock  the  sensi- 
bilities of  the  community  where  procured  or  dissected";  and 
sixth,  that  tobacco  in  none  of  its  forms,  nor  cigarettes,  shall  be 
given  or  sold  to  any  minor  under  fifteen  years  of  age.  In  a  spirit 
of  reform  and  economy  grand  juries  were  to  be  convened  under 
the  discretion  of  the  courts.  In  simple  justice,  females  having 
property  taxed  for  school  purposes  and  children  of  school  age 
were  allowed  to  become  voters  in  school  district  meetings;  and 
by  another  act,  all  persons  were  declared  entitled  to  the  same 
civil  rights  in  inns,  public  conveyances,  barber  shops,  theatres, 
and  other  places  of  amusement. 

In  compliance  with  his  recommendation  an  appropriation  of 
$500  was  made,  to  be  annual,  in  aid  of  the  State  Historical  Soci- 
ety; and  it  was  declared  to  be  a  "state  institution"  and  entitled 
to  have  its  reports  printed  and  distributed  as  other  public  docu- 
ments. 

There  has  never  been  a  more  valuable  set  of  joint  resolutions 
passed  by  a  legislature  than  by  that  of  18S3,  memorializing  Con- 
gress. Considering  the.  fact  that  many  politicians  were  arguing 
that  "the  duty  of  tariff  tax,"  imposed  by  the  general  government 
on  imported  articles,  was  not  paid  by  the  consumer,  but  by  the 
foreign  importer,  it  became  a  matter  of  exultation  with  revenue 
reformers,  that  Congress  was  implored  to  place  the  material,  of 
which  barbed-wire  was  made,  on  the  free  list,  because  if  not, 
the  people  had  finally  to  pay  the  duty.  In  the  same  spirit,  and 
for  the  same  purpose  of  cheapening  transportation  upon  produc- 
tions carried  over  railroad  bridges  which  cross  navigable  streams 
of  the  United  States,  Congress  was  called  upon  to  demand  the 
abolition  of  all  tolls  upon  those  spanning  the  Missouri  River  in 
Nebraska.  And,  inasmuch  as  railroads  having  land  grants  were 
delaying  to  receive  patents  for  such  lands,  in  order  to  escape 
taxation  upon  them,  the  importunate  demand  was  made,  that 
they  be  compelled  to  receive  patents  as  fast  as  due. 


158  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

On  the  delivery  of  his  final  message,  of  January  <>,  1X87,  at  the 
end  of  an  official  term  of  four  years,  he  discovered  no  state  in- 
terest impaired;  but  a  steady  advance  in  all  material  concerns. 
The  benevolent  and  other  state  institutions  added  the  usual  per 
cent  of  healthy  advancement  to  their  statistical  statements  of 

1885. 

The  assessed  valuation  of  the  taxable  property  of  the 
State  in  1885  was  $133,418,699,  an  increase  of  $9,802,212  as 
compared  with  the  assessment  of  1884.  The  assessment  of 
1S86  gave  the  value  of  the  property  of  the  State  for  the  pur- 
poses of  taxation  as  $143,932,570,  giving'  a  total  increase  for 
two   years   of   $20,316,683. 

The  organizations  of  the  counties  of  Dawes,  Logan,  Sheridan. 
Chase,  Blaine  and  Sioux,  were  announced  during  the  two  pre 
ceding  years.  The  recommendation  of  two  years  before,  in  regard 
to  a  State  Board  of  Health,  was  re-affirmed,  in  behalf  of  "the 
health  and  life  of  the  citizens  of  the  State."  Favorable  reference 
was  made  "to  the  time  which  is  not  far  distant,  when  Nebraska, 
following  the  example  of  other  states,  will  feel  the  necessity  of 
establishing  a  Soldiers  Home,  for  the  care  and  support  of  the 
aged  and  disabled  veterans  of  the  late  war."  The  amount  of 
$66,687  had  been  received  by  the  general  government  and  placed 
to  the  credit  of  the  state  treasury.  While  the  state  census  of 
1885  had  cost  $39,774,  all  of  that  amount  excepting  $5,015  had 
been  paid  by  the  general  government. 

From  a  t  horough  understanding  of  the  school  system  and  the 
administration  of  its  landed  estate,  Governor  Dawes  affirmed 
that  its  condition  "may  well  excite  the  envy  of  others,  who  hav- 
ing received  the  same  munificent  grants,  have  managed  them  less 
wisely." 

In  the  matter  of  railroad  supervision  he  approbated  the  recent 
legislation,  looked  to  Congress  for  interstate  legislation,  and 
•  ailed  for  conservative  and  just  disposition  of  the  question. 

This  sketch  may  close  with  his  farewell  to  his  constituents  and 
the  executive  office: 

Nebraska,  passing  throng-h  the  days  of  infancy  and  youth, 
long   since    entered    into    the   period    of   vigorous     life     and 


STATE    GOVERNORS.  159 

stands  to-day  among-  the  prosperous  and  prominent  com- 
monwealths of  the  Nation.  In  material  progress  and  upon 
all  lines  of  development  the  strides  of  improvement  have 
been  without  precedent.  The  changes  that  have  been  in- 
wrought into  her  history  are  marvelous  and  far-reaching. 
The  throb  of  progTess  filling  all  occupations,  stimulating 
all  industries,  intensifying  all  activities,  is  strong  and  con- 
stant. To  those,  who  in  the  bestowal  of  their  confidence 
have  so  honored  me,  from  whom  this  great  trust  was  re- 
ceived, I  wish,  before  closing  my  relation  with  the  executive 
office,  to  make  profound  acknowledgment;  and  in  conclud- 
ing my  message,  to  express  the  wish  and  hope  that  the  fu- 
ture of  Nebraska  may,  under  continued  guidance  of  the 
Ruler  of  Nations,  be  that  of  peace,  happiness  and  prosper- 
ity uninterrupted. 


100  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


GOVERNOR  JOHN  MILTON  THAYER. 

1887-1891. 

As  governor,  be  delivered  his  inaugural  January  6th,  1887, 
from  which,  by  liberal  quotations,  it  is  easy  to  create  his  ideal 
citizen.  Such  an  one  measuring  up  to  his  standard,  would,  in 
education,  clearly  illustrate  the  value  of  "thoroughness  instead 
of  quantity"  and  the  worth  of  "practical  studies  more  than  orna- 
mental," and  the  infinite  utility  of  "the  languages  of  the  present 
instead  of  the  aged  past."  As  a  legislator  he  would  enact  "such 
laws  as  the  public  interests  demand,  to  protect  the  rights  of  all 
the  people."  He  would  affirm  "that  there  is  no  condition  of 
human  beings  on  this  earth  so  pitiable,  so  deplorable,  as  is  the 
condition  of  those  from  whom  the  light  of  reason  has  forever  de- 
parted, and  who  linger  in  life,  driveling  idiots  or  raving  maniacs." 
And  inasmuch  as  they  are  shut  in  from  the  world,  he  would  de- 
mand that  all  penitentiaries,  jails,  almshouses,  houses  of  correc- 
tion, reform  schools,  homes  for  the  friendless  and  poor  houses 
should  be  subject  of  careful  inspection.  He  would  demand  a 
"uniform  system  of  taxation  according  to  values  and  not  accord- 
ing to  ownership." 

As  between  railroads  and  the  people,  his  theory  would  be, 
that  while  "railroads  are  a  necessity  to  the  people,  the  people  are 
also  a  necessity  to  the  railroads."  He  would  respond  cheerfully 
to  the  declaration,  "our  sympathies  should  ever  lie  with  those 
whose  lives  are  devoted  to  daily  toil";  and  in  the  exercise  of  the 
elective  franchise  he  would  not  fail  to  act  upon  the  declaration, 
"the  purchase  and  sale  of  votes  is  a  crime  of  the  most  heinous 
character  against  the  State,  against  society,  against  civilization." 
Among  his  political  maxims  would  be  prominent,  "No  one  has 
any  right  to  make  money  at  the  expense  of  the  State."  Seated  in 
the  shade  of  his  own  artificial  grove,  hear  him  exclaim,  "One  of 
the  pleasing  features  of  civilization  in  this  State  is  the  planting 


STATE    GOVERNORS.  161 

and  growth  of  trees'';  and  caressing  his  beautiful  live  stock  and 
receiving  their  submissive  returns,  and  remembering  how  often 
they  are  neglected  and  abused,  with  what  noble  emphasis  he  ex- 
claims, "There  are  human  brutes  as  well  as  dumb  brutes." 

At  the  time  the  governor  delivered  his  first  biennial  message, 
the  following  statement  showed  the  condition  of  the  treasury: 

Balance  in  treasury  November  30,  1886 $944,352  76 

Keceipts,  December  1,  1886,  to  Nov.  30,  1888 4,236,528  94 

Total  receipts    5,180,881  70 

Disbursements,   December   1,   1886,   to   November 

30,  1888 4,244,582  89 

Balance  in  treasury  November  30,  1S88 936,298  72 

At  the  end  of  his  second  elective  term  it  stood  as  follows: 

December  1,  1888,  cash  on  hand $936,298  72 

November   30,    1890,   receipts    since  December    1, 

1888    4,686,328  42 

Total  receipts    5,622,627  14 

.Vovember  30,   18S9,  disbursements   since  Decem- 
ber 1,  1888   4,023,378  94 

November  30,  1890,   balance   on  hand 1,599,248  20 

The  Auditor's  Report  gave  in  1888: 

The  assessed  valuation  of  the  taxable  property  of  the 
State  in  1SS7  was  $160,506,266.25,  being-  an  increase  of  $16,- 
573,695.74  as  compared  with  the  assessment  of  1886.  The 
assessment  of  18S8  gave  the  value  of  the  property  of  the 
State  for  the  purpose  of  taxation  as  $176,012,820.45,  giving 
a  total  increase  for  two  years  of  $32,080,249.94. 

From  the  next  Auditor's  Report  the  following  is  taken  for  the 
years  1889  and  1890 : 

The  assessed  valuation  of  the  taxable  property  of  the 
State  in  1889  was  $182,763,538.41,  being  an  increase  of  $6,750,- 
717.96,  as  compared  with  the  assessments  of  1888.  The  as- 
sessment of  1890  gave  the  value  of  the  property  of  the  State 
for  the  purpose  of  taxation  as  $184,770,304.54  giving  a  total 
increase  for  two  years  of  $8,757,484.09. 

These  two  reports  covered  the  assessments  of  four  years  or 
two  biennial  terms.     During  his  term  of  four  years  he  received 
12 


162  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

and  deposited  in  tin-  treasury  of  the  State  five  per  cent  on  sales 
of  government  lands,  and  otherwise,  $281,246.20. 

If  the  message,  closing  the  year  1890,  delivered  to  the  legis- 
lature of  1891,  had  been  specially  intended  as  a  monumental  doc- 
ument, to  separate  between  the  first  and  fiftieth  years  of  state 
life,  marking  the  half-way  period  between  them,  it  could  scarcely 
have  abounded  in  more  complete  statistical  statements  of  public 
institutions. 

The  total  enrollment  of  students  in  the  University  has 
been  steadily  growing  from  year  to  year.  In  1887-8  there 
were,  all  told,  406  students;  in  1888-89  there  were  427;  in 
1889-90  there  were  475.  For  the  current  year  of  1890-91  there 
are  already  enrolled  513  students  in  all  departments  al- 
though but  one-third  of  the  year  has  passed.  Of  this  num- 
ber 208  are  young  women,  and  305  are  young  men.  In  the 
first  two  years  the  students  are  preparatory,  and  during 
this  time  the  work  is  nearly  the  same  for  all.  After  this  the 
student  pursues  the  studies  which  are  peculiar  to  his 
course.  It  is  found  that  twenty  per  cent  of  the  young  men 
and  young  women  pursue  the  classical  course;  35  per  cent  of 
the  men  and  65  per  cent  of  the  women  the  literary  course; 
45  per  cent  of  the  men  and  15  per  cent  of  the  women  the 
industrial  course. 

From  the  biennial  report  of  the  principal  of  the  Nebraska 
State  Normal  School,  it  appears  that  during  the  year  end- 
ing December,  1SS9,  there  were  in  attendance  in  the  Normal 
School  proper  572.  Of  these  370  were  ladies  and  192  gentle- 
men. Fifty-nine  graduated  in  June  of  that  year  irom  the 
two  courses,  the  elementary  and  the  higher. 

For  the  year  ending  December,  1890,  there  were  555  in  at- 
tendance, of  whom  395  were  ladies,  and  160  gentlemen.  One 
hundred  and  twenty-eight  graduated  from  the  two  courses, 
of  whom  seventeen  were  of  the  higher  course.  Nearly  all 
of  these  graduates,  and  many  of  the  undergraduates,  are 
now  engaged  in  teaching  or  in  school  work.  As  a  significant 
fact  bearing  upon  this  point,  it  was  ascertained  that  at  the 
late  assembly  of  teachers  which  was  held  in  Lincoln,  the 
largest  in  the  history  of  these  meetings  of  the  State,  about 
one-sixth  of  the  entire  enrollment  were  persons  that  had 
been  connected  with  the  Nebraska  State  Normal  school, 
most  of  them  graduates  of  either  the  elementary  or  higher 
course. 

The  public  schools  in  this  State  are  in  a  prosperous  condi- 
tion.    The  continued  faith  and  confidence  of  the  people  in 


STATE    GOVERNORS.  163 

our  public  school  system  is  shown  by  the  fact  that  the  sum 
of  $4,215,463.41  was  contributed  to  their  support  for  school 
year  1889-90.  Of  the  common  school  land  225,419.43  acres 
have  been  deeded,  and  517,902.89  acres  are  still  vacant. 
The  annual  interest  upon  sales  now  amounts  to  $226,- 
006.95,  and  the  annual  rental  charged  is  $190,927.96,  making1 
a  total  annual  income  from  these  lands  of  $416,934.91,  to  be 
apportioned  to  the  school  districts  of  the  State  in  addition 
to  the  revenues  derived  from  the  investments  of  the  per- 
manent school  funds  already  in  the  treasury.  During-  the 
past  two  years  the  State  has  received  from  these  lands  in 
principal,  interest,  lease  rental  and  added  interest,  the  sum 
of  $1,141,211.00,  which  already  exceeds  the  receipts  of  any 
previous  biennial  period  since  the  establishing  of  this  de- 
partment in  the  state  government. 

The  report  of  the  warden  of  the  Penitentiary  presents 
the   following  statement: 

Total  number  of  convicts  received  since  the  organization 
of  the  prison  up  to  November  30th,  A.  D.  1890,  1,857;  total 
number  discharged  since  organization  of  the  prison  up  to 
November  30,  A.  D.  1S90,  1,445;  total  number  of  deaths  dur- 
ing the  same  period,  26;  number  in  the  prison  November 
30th,  1890,  387;  number  in  prison  December  1st,  1888,  338;  in- 
crease in  last  two  years,  49;  received  in  last  two  years,  394; 
discharged  in  the  last  two  years,  296;  died,  4.  The  manage- 
ment and  discipline  of  the  prison  is  deserving  of  the  highest 
commendation. 

The  biennial  report  of  the  Nebraska  Hospital  for  the  In- 
sane shows  that  there  were  in  the  hospital  November  30th, 
1888,  three  hundred  and  ninety-two  patients;  that  there  have 
been  received  during  the  two  years  three  hundred  and 
ninety-eight;  that  there  have  been  under  treatment  during 
the  period  seven  hundred  and  ninety  patients;  that  there 
have  been  discharged  and  recovered  one  hundred  and  fifty- 
five;  improved,  sixty-one;  unimproved,  seven;  not  insane, 
eight;  transferred  to  other  state  institutions,  one  hundred 
and  sixty-three;  died,  fifty  one;  and  that  there  remain  in 
the  Hospital  at  the  close  of  the  period,  three  hundred  and 
twenty-six,  with  sixteen  absent  on  parole;  a  total  of  three 
hundred  and  forty-two  patients,  therefore,  still  on  the  rolls 
of  the  Hospital.  You  will  note  from  the  very  complete  re- 
port of  this  institution  that  there  have  been  discharged  as 
recovered  39  per  cent  of  all  cases  admitted,  and  that  the 
death  rate  has  been  only  6^,  per  cent  of  the  whole. 

The  report  of  the  Superintendent  of  the  State  Industrial 
School,  located  at  Kearney,  shows  that  since  the  organiza- 


164  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

tion  of  the  school  471  boys,  and  149  girls  have  been  com- 
mitted there  by  the  courts.  Of  this  number,  281  boys  and 
67  girls  have  been  paroled,  pardoned,  discharged  by  legal 
process  and  otherwise.  Ninety  per  cent  of  those  who  left 
were  regularly  discharged,  and  at  least  eight  out  of  every 
ten  of  these  are  doing  well;  many  of  them  holding  respon- 
sible positions.  The  present  enrollment  is  275.  The  educa- 
tional, physical,  and  moral  training  has  been  carried  on  as 
'thoroughly  as  possible.  Each  inmate  attends  school  from 
four  to  five  hours  each  day  during  nine  months  in  the  year. 
Statistics  show  that  at  the  time  of  commitment  61  per  cent 
of  the  boys  were  idle,  23  per  cent  were  attending  school, 
and  18  per  cent  were  at  work.  Of  the  girls  33  per  cent  were 
idle,  19  were  at  work,  32  were  at  school. 

The  report  of  the  Superintendent  of  the  Home  for  the 
Friendless  will  make  known  to  you  the  condition  and  oper- 
ations of  this  institution: 

Number  of  inmates  in  Home  December,  188S,  116;  admitted 
since  December,  1S88,  402;  surrendered  to  friends,  102; 
placed  in  homes,  130;  returned  to  friends,  34;  number  for 
whom  work  was  found,  54;  absent  to  other  institutions,  10; 
deaths,  77;  number  in  Home  December,  1890,  111;  total,  518. 
The  Home  for  the  Friendless  is  accomplishing'  a  great 
amount  of  good. 

In  the  message  of  1889  he  said : 

In  this  institution  the  waifs  of  humanity  find  comfort- 
able homes,  and  kind  motherly  care.  It  is  conferring-  a 
blessing  upon  the  State,  and  upon  humanity.  Those  in 
charge  are  imitating  the  example  of  their  Divine  Master 
in  relieving  human  suffering.  They  are  gathering  in  and 
saving  the  abandoned;  their  institution  is  in  reality  the 
home  of  those  who  have  no  home.  I  trust  you  will  regard 
it  with  favorable  consideration. 

In  anticipation  of  the  report  of  the  State  Board  of  Agricul- 
ture, Gov.  Thayer  echoed  the  universal  opinion  of  patrons  in 
the  following  language: 

While  nearly  all  the  conditions  and  environments  of  the 
work  for  the  year  1890  were  of  adverse  character,  extraor- 
dinary efforts  on  the  part  of  the  management,  exhibitors 
and  patrons  were  crowned  with  unusual  success.  For  rea- 
sons well  known  to  all,  crops  were  short,  and  the  people, 
in  many  instances,   discouraged.     Still  there  was  never  be- 


STATE    GOVERNORS.  165 

fore  so  grand  a  presentation  of  the  products,  resources  and 
possibilities  of  the  State.  This  was  true  more  particularly 
in  the  matter  of  direct  products  of  the  sod,  thus  showing 
in  a  marked  degree  our  wonderful  capabilities  as  well  as 
the  characteristic  energy  and  industry  of  our  people.  At 
the  State  Fair,  the  Horticultural  Society  succeeded  in  bring- 
ing together  the  best  exhibit  of  fruit  which  has  ever  been 
on  the  grounds,  and  it  was  thought  to  be  as  good  a  one 
as  was  made  by  any  state  fair  in  the  United  States  last 
year. 

In  addition  to  the  stereotyped  items  of  Governor's  message, 
Gen.  Thayer  had  many  new  subjects  thrust  upon  him,  as  the 
result  of  the  marvelous  progress  and  changed  condition  of  the 
State  from  her  infancy  to  majority;  for  in  reality  the  end  of  his 
second  term  closed  the  first  quarter  century  of  her  existence  as 
a  state  in  the  Union.  In  his  biennial  message  of  1889,  he  said  of 
the  Union  Pacific  Railroad: 

The  kind  of  settlement,  which  the  Union  Pacific  makes 
with  the  government,  does  not  interest  the  people  of  Ne- 
braska nearly  as  much  as  the  question  of  lower  and  reason- 
able rates.  In  regard  to  all  railroads  in  this  State,  this 
principle,  this  right,  must  be  asserted  and  maintained, 
namely,  that  no  higher  schedule  of  rates  shall  exist  in  Ne- 
braska than  prevails  in  Kansas  or  Iowa,  or  other  states. 
The  board  of  transportation  now  possesses  full  power.  If, 
however,  anything  is  wanting,  it  should  be  given  them.  The 
members  of  the  board  should  be  chosen  by  the  people. 

In  1891  he  expressed  the   following  sentiments: 

Observation  cannot  have  failed  to  convince  any  one  that 
there  is  a  growing  disregard  for  the  sanctity  of  the  ballot. 
Too  many  regard  it  as  merchantable  instead  of  being  the 
grand  right  of  American  citizenship.  Too  stringent  enact- 
ments can  not  be  made  for  guarding  the  purity  of  the  ballot. 
There  are  many  who  seem  to  have  no  proper  conception  of 
its  value.  They  look  forward  to  the  election  when  they 
may  offer  their  votes  for  a  price  just  as  the  farmer  looks 
forward  to  the  coming  of  the  harvest  time.  What  is  known 
as  the  Australian  Ballot  System  evidently  comes  nearest 
to  preventing  frauds  on  the  elective  franchise.  The  testi- 
mony from  those  states  where  it  has  been  tried  is  that  it 
has  accomplished  the  purpose  for  which  it  was  designed, 
and  has  given  general  satisfaction.  I,  therefore,  unhesi- 
tatingly advise  its  adoption  in  this  State. 


166  NEBRASKA   STATE  HISTORICAL   SOCIETY. 

The  experience  of  the  last  two  years  has  made  it  apparent 
that  public  warehouses  are  a  necessity  in  order  to  protect 
the  interests  of  the  farmers.  A  year  ago  the  price  of  corn 
was  14  cents  a  bushel.  It  is  now  selling-  at  an  average  of 
45  cents  per  bushel.  Had  a  warehouse  law  similar  to  that 
of  Illinois  and  other  states  been  on  our  statute  book,  its 
beneficial  results  would  have  been  of  almost  incalculable 
value.  I,  therefore,  recommend  the  passage  of  a  law  with 
an  emergency  clause  providing  for  public  warehouses  with 
suitable  provisions  for  holding  grain  and  other  products  by 
compelling-  the  warehouse  men  to  receive,  ship,  store  and 
handle  the  same  without  discrimination.  Warehouse  re- 
ceipts taken  for  the  grain  thus  stored  are  equal  to  the  best 
commercial  paper. 

The  Governor  had  an  opportunity  of  testing  the  practical  util- 
ity of  the  National  Guard,  which  was  mustered  and  officered 
under  his  own  administration,  when  they  were  called  upon  in' 
aid  of  the  Eegulars  in  suppressing  an  Indian  outbreak. 

I  cannot  too  strong-ly  commend  the  promptness  and  patri- 
otic zeal  manifested  by  the  officers  and  members  of  the 
National  Guard  when  the  order  was  issued  for  them  to  take 
the  field.  It  reminds  one  of  the  days  of  '61  when  loyalty 
and  patriotism  seemed  to  inspire  all  hearts.  Fortunately 
the  Indian  war  on  our  northern  borders  has  been  brought 
to  a  close,  and  the  National  Guards  sent  forward  for  the  pro- 
tection of  the  settlers  have  been  returned  to  their  respect- 
ive homes.  It  gives  me  great  and  sincere  pleasure  to  say 
that  all  the  reports  from  the  region  where  they  performed 
their  service  commend  them  in  the  hig-hest  terms  for  their 
soldierly  bearing,  and  their  faithful  discharge  of  the  duties 
devolving  upon  them.  The  service  to  them  was  new,  and 
it  was  rendered  in  severe  weather,  subjecting  them  to  cold 
and  privation,  yet  their  duties  were  performed  without  a 
murmur,  and  they  rendered  most  valuable  service  to  the  peo- 
ple in  shielding  them  against  the  probable  attacks  from  hos- 
tile Indians  and  in  restoring;  confidence  to  all.  General 
Colby  and  all  his  command  have  won  for  themselves  the 
unbounded  respect  of  the  people  of  the  State,  and  have 
made  a  reputation  in  which  all  citizens  will  take  just  and 
laudable  pride. 

He  thus  refers  to  the  work  of  the  Live  Stock  Sanitary  Com- 
mission in  1889: 

At  the  beginning  of  the  work  of  the  board  Texas  fever  ex- 
isted in  nearly  every  county  in  the  State.     The  fight  against 


STATE    GOVERNORS.  1G7 

its  insidious  ravages  has  been,  and  is  still  a  determined  one, 
and  so  far  successful  that  at  the  present  time  forty  coun- 
ties are  reporting1  no  cases.  The  law,  as  amended  by  the  last 
legislature,  allowing  payment  of  indemnity  of  animals  de- 
stroyed by  the  State, has  greatly  facilitated  the' reporting  of 
suspected  cases  and  prevented  the  secreting  of  the  disease. 
It  has  proved  a  blessing  to  poor  and  deserving  farmers, 
'many  of  whom  are  entirely  dependent  upon  their  horses 
and  mules  for  means  of  support,  and  to  whom  the  payment 
of  this  indemnity  is  a  boon,  while  the  State  is  being  relieved 
of  a  terrible  scourge,  dangerous  alike  to  man  and  beast. 
Several  persons  have  died  of  it  in  the  past  two  years  in  this 
State,  having  contracted  it  in  caring  for  afflicted  animals. 
Eight  hundred  and  thirty  horses  and  mules  have  been  de- 
stroyed by  the  live  stock  commission  since  November  30, 
1886,  to  December  1,  188S.  The  amount  of  'indemnity  al- 
lowed for  the  same  was  $36,071.50,  averaging  $43.50  per  head. 
These  animals  were  destroyed  in  sixty-six  counties,  showing 
an  immense  amount  of  labor  prosecuted  in  all  seasons  of 
the  year,  and  it  has  only  been  by  the  most  energetic  efforts 
on  the  part  of  the  board  that  such  a  result  can  be  shown. 
The  work  is  most  satisfactory  to  the  people  of  the  State 
whose  interests  are  directly  connected  therewith. 

After  asserting  the  energy  and  success  of  the  Fish  Commis- 

■ 

sion  and  the  building  of  a  large,  roomy,  two-story  house  for  a 
hatchery,  he  outlined  the  situation  as  follows: 

The  fish  car  also  provided  for  by  the  last  legislature  has 
been  procured.  It  is  a  neat,  substantially  constructed  car 
of  the  usual  size,  and  furnished  with  the  best  facilities  for 
distributing  and  handling-  fish.  Its  cost  has  not  exceeded 
the  sum  appropriated  for  that  purpose.  The  work  of  the 
distribution  of  fish  to  remote  parts  of  the  State  has  been 
greatly  facilitated  and  with  less  cost  than  heretofore  sus- 
tained by  the  old  methods  of  transporting  the,>  young  fish 
in  cans  by  express  and  baggage  cars,  and  express  companies 
especially,  in  handling  yearling  trout  and  black  bass;  also 
a  saving  in  expense,  with  the  co-operation  of  the  railway 
companies  hauling  the  car  and  its  attendants  free  of  ex- 
pense to  the  State.  Large  improvements  have  also  been 
made  at  the  state  hatchery  by  the  construction  and  im- 
provements of  the  ponds,  new  apparatus,  and  improve- 
ments to  the  old  apparatus.  In  the  year  1889  the  commis- 
sion procured  fish  eg-gs,  successfully  hatched  them,  and  also 
raised  in  the  state  ponds  a  larger  number  of  different 
species   of  fish  than  at   any  former  time,   and   successfully 


168  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

distributed   them   into   the  waters  of  the   State.     The  total 

0 

number  of  fish  of  all  ages  thus  given  to  the  water  in  that 
year  was  15,2:21 ,0 10.  In  the  year  1890,  the  total  distribution 
of  all  ages  amounted  to  21,731,295.  The  introduction  into 
our  waters  and  cultivation  of  German  carp  has  been  at- 
tended with  very  gratifying-  results.  This  excellent  food 
fish  has  hitherto  been  underestimated  as  to  its  intrinsic 
value.  Its  successful  and  profitable  cultivation  has  been 
fully  demonstrated.  The  fish  hatchery  is  an  establishment 
of  great  advantage  to  the  people. 

Of  objects  of  interest,  and  not  yet  consummated,  or  of  recent 
date,  may  be  added,  Banks,  Trusts,  Deep  Water  Harbor,  Ir- 
responsible Detectives,  Boards  of  Pharmacy  and  Pardons,  and 
Irrigation. 

Recent  occurrences  have  drawn  attention  to  the  condition 
of  state  banks  and  banking  institutions.  I  respectfully  re- 
commend the  enactment  of  legislation  which  shall  provide 
for  frequent  examination  of  these  institutions  and  which 
shall  secure  protection  to  depositors  and  stock-holders. 

The  governor  advocated  the  continuance  of  the  sugar  bounty 
on  the  grounds  that  others  might  engage  in  the  manufacture  and 
then  competition  would  prevent  a  monopoly. 

Since  the  session  of  the  last  Legislature,  and  as  a  result 
of  the  liberal  action  of  that  body,  there  has  been  estab- 
lished in  this  State  a  most  important  industry.  I  refer  to 
the  making  of  sugar  from  sugar  beets.  It  is  my  firm  con- 
viction that  this  will  prove  to  be  one  of  the  great  industries 
of  the  future  in  the  West  and  in  Nebraska  especially.  The 
Oxnards  have  put  in  a  plant  in  Grand  Island  at  a  cost  of 
nearly  three  quarters  of  a  million  dollars,  and  have  during 
the  last  three  months  turned  out  about  one  million  pounds 
of  the  very  finest  quality  of  sugar.  The  starting  of  the  es- 
tablishment at  Grand  Island  was  an  experiment.  The  sea- 
son has  been  an  unfavorable  one  on  account  of  the  dryness. 
The  business  was  new  to  the  farmers.  But  the  experiment 
has  merged  into  a  complete  success,  so  much  so  that  the 
Oxnards  are  now  putting  in  a  similar  plant  at  Norfolk.  In 
ten  years  you  may  expect  to  see  Nebraska  the  leading  sugar 
producing  <state  of  the  Union.  Other  states  will  take  hold 
of  this  new  agricultural  pursuit,  and  the  West  will  supply 
the  sugar  of  the  country,  and  the  price  to  the  consumer  will 
be  reduced  from  twenty-five  to  thirty  per  cent.     I  earnestly 


STATE    GOVERNORS.  169 

advise  against  repealing  the  law  granting  a  bounty  on  the 
manufacture  of  sugar.  That  bounty  was  given  as  an  in- 
ducement to  open  up  that  industry  in  the  State;  to  induce 
parties  to  come  here  and  put  in  plants  and  encourage  the 
manufacture  of  sug-ar.  To  repeal  this  law  at  this  time 
would  be  an  implication  of  bad  faith.  It  would,  in  effect, 
be  an  act  of  repudiation.  Let  the  bounty  remain  and  other 
establishments  will  follow  those  alread}*  started. 

Among  other  things  of  note  we  find  the  following  concerning 
the  report  of  the  Commissioner  of  Labor: 

A  great  deal  of  trouble  existing  between  employer  and 
employee  would  be  avoided  if  an  honest  effort  was  made 
by  the  former  to  show  that  he  had  other  than  a  monetary 
consideration  of  his  welfare.  It  is  to  be  regetted  that  there 
are  very  few  employers  compared  to  the  number,  who  ever 
cross  the  threshold  of  their  employees'  homes,  with  a  pur- 
pose of  inquiring  into  their  circumstances.  Whenever  this 
has  been  done  it  has  been  marked  with  good  results.  Chap- 
ter II.  deals  with  the  question  of  loan  and  building  associa- 
tions. Any  process  that  will  assist  the  man  of  limited 
means  to  secure  a  home  should  be  supported  and  thoroughly 
advertised.  Local  loan  and  building  associations  have  done 
very  much  in  this  respect.  Statistics  on  this  subject  will  in- 
terest the  wage  workers  and  others  anxious  to  secure 
homes. 

The  following  excerpts  are  of  general  interest: 

If  wisdom  and  statesmanship  can  devise  legislation  which 
shall  suppress  and  destroy  a  gigantic  evil  which  has  grown 
up  in  these  latter  days  under  the  name  of  trusts,  whereby 
the  strong  oppress  and  destroy  the  weak,  I  pray  you  to  ex- 
ercise that  wisdom  and  statemanship.  and  blot  out  the  great 
wrong. 

The  subject  of  a  deep  harbor  on  the  Texas  coast  has  re- 
cently received  much  attention  in  the  trans-Mississippi 
region.  The  establishment  of  such  a  harbor  into  which 
ships  of  the  heaviest  draft  could  come  without  obstruction 
would  remove  the  most  serious  obstacle  to  commercial 
traffic  over  the  Gulf  of  Mexico,  and  would  open  a  new  and 
competitive  route  to  the  sea.  I  advise  that  you  forward  a 
memorial  to  Congress,  asking  it  to  lend  a  helping  hand  to 
the  accomplishment  of  this  important  purpose. 

I  recommend  the  enactment  of  a  law  prohibiting  the  in- 
troduction of  a  body  of  Pinkerton  men,  so  called,  into  the 


170  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

State,  or  any  other  body  of  men  not  residents  of  the  State, 
for  the  purpose  of  police  and  protection  duty. 

The  provisions  of  the  law  at  the  last  session  creating  a 
Board  of  Pharmacy  are  now  in  successful  operation  and  are 
proving  to  be  a  source  of  great  benefit.  The  result  is  that 
we  now  have  educated  pharmacists.  No  one  can  serve  as  a 
druggist  clerk  unless  he  has  had  a  thorough  training  in  the 
druggist's  profession  and  passed  a  thorough  and  successful 
examination.  This  is  a  matter  which  concerns  the  life  and 
health  of  all  the  people.  The  Board  of  Pharmacy  is  a  most 
beneficial  institution.  There  are  now  1,509  educated  phar- 
macists in  Nebraska. 

It  is  within  the  bounds  to  say  that  the  business  of  the 
executive  department  has  doubled  within  the  last  four 
years.  It  is  true  in  the  department  of  the  chief  executive, 
•  as  I  can  verify  from  experience.  One-fourth  of  the  time  at 
least,  and  probably  one-third,  is  taken  up  in  the  considera- 
tion of  applicants  and 'appeals  for  pardons.  The  executive 
ought  to  be  relieved  of  a  larg-e  portion  at  least,  of  this 
labor.  A  board  of  pardons  would  reach  this  result,  and  the 
creation  of  such  a  board  is  recommended. 

Very  general  attention  is  being  given  to  this  subject  of 
irrigation  in  the  western  part  of  the  State,  and  I  commend 
it  to  your  favorable  consideration.  I  would  further  re- 
spectfully recommend  that  a  joint  resolution  and  memorial 
be  passed  by  the  Legislature  urging-  Congress  in  favor  of 
the  adoption  of  further  necessary  measures  for  irrigating 
the  arid  lands  of  the  West. 

To  the  list  of  benevolent  and  educational  institutions  in  the 
State  were  added,  or  opened  during  the  term  of  his  incumbency, 
five  in  number,  the  first  in  order  of  time  being  the  Institution 
for  Feeble  Minded  Youth  at  Beatrice,  Gage  County,  the  cost  of 
the  building  being  $18,218. 

The  result  of  the  work  in  the  school  rooms  can  be  seen 
in  detail  by  reference  to  the  superintendent's  report.  Man- 
ual training,  such  as  farm  and  house  work,  with  sewing  for 
the  girls  and  brushmaking  for  the  boys  lately  added,  has 
been  carried  on  as  circumstances  would  allow.  From  a  per- 
sonal inspection  of  the  children's  work,  I  consider  the  in- 
dustrial department  worthy  of  full  equipment.  This  work 
demonstrates  the  usefulness  of  such  an  institution,  and 
that  many  of  these  persons  can  be  made  sulf  sustaining, 
who,  without  a  course  of  proper  training,  would  be  depend- 


STATE    GOVERNORS.  171 

ents,  if  not  a  dangerous  element  in  society.  There  are  on 
file  at  the  institution  254  applications  for  admission,  and 
on  December  1st,  134  inmates,  thus  leaving  many  applicants 
unprovided  for.  The  superintendent  has  knowledge  of  843 
feeble  minded  persons  in  Nebraska.  The  State  has  made 
less  provisions  for  this  class,  in  proportion  to  their  num- 
ber, than  anjr  other.  These  helpless  children  make  an 
urgent  appeal  to  the  humanity  of  the  State,  and  I  recom- 
mend that  your  body  make  provision  for  their  proper  care 
and  training.  I  commend  the  management  of  the  institu- 
tion as  being  painstaking  and  economical. 

In  the  same  year,  1887,  the  Norfolk  Hospital  for  the  Insane, 
costing  $84,292,  was  opened  for  patients. 

The  main  building  of  this  hospital  was  erected  in  18S5, 
♦  and  in  18S7  it  'was  opened  for  patients.  Since  the  meeting 
of  the  last  Leg-islature  two  wings  to  the  main  building  have 
been  erected.  The  report  of  the  superintendent  shows  that 
during  the  two  years  from  December  1st,  1888,  to  November 
30th,  1890,  there  were  admitted  as  new  cases,  two  hundred 
and  nineteen,  one  hundred  and  thirty-seven  males,  and 
eighty-two  females.  Total  under  treatment  for  the  two 
years,  three  hundred  and  forty.  The  percentage  of  recov- 
eries, based  on  the  total  number  under  treatment  for  the 
last  two  years,  has  been  over  forty. 

In  1888,  the  Home  at  Grand  Island  was  completed  for  the  re- 
ception of  soldiers  and  sailors. 

The  report  of  the  commandant  of  the  Soldiers'  and  Sail- 
ors' Home  shows  that  there  have  been  23S  members  admit- 
ted to  the  Home  during  its  existence.  Of  this  number  there 
are  at  present  150  members  on  the  rolls  of  the  Home  ros- 
ter. Of  these  forty-eight  have  been  honorably  discharged, 
twenty  summarily,  and  four  dishonorably  discharged.  Six- 
teen have  died  at  the  Home.  There  has  been  an  average 
attendance  for  twenty-eight  months,  or  since  the  Home 
was  opened,  of  68.  Appreciating  the  hardship  of  separation 
of  husband  and  wife,  and  actuated  by  a  humane  instinct,  a 
provision  was  inserted  in  the  law  for  the  admission  of  the 
wives,  and  children  under  fifteen  years  of  age,  of  the  sol- 
diers "who  were  compelled  by  their  straitened  circum- 
stances to  seek  homes  within  its  walls.  Seven  double  cot- 
tages were  erected  accommodating  fourteen  families. 
Congress  enacted  a  law  providing  for  the  payment  to  each 
state  which  has  a   soldiers'  home  $100  a  year  for  each  in- 


172  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

mate   of  that  Home.     This  will  aid  largely   in   payment   of 
the  running  expenses  of  this  institution. 

By  an  act  of  the  Legislature  of  1887  a  Nebraska  Industrial 
Home  was  established,  to  be  under  the  supervision  of  the  "Wo- 
men's Board  of  Associate  Charities." 

The  institution  was  located  and  opened  for  the  admission 
of  inmates  May  1,  1889.  Whole  number  admitted  to  Novem- 
ber 30,  1890,  is  fifty-nine,  thirty-eight  of  whom  were  of 
American  parentage  and  seventeen  of  foreign.  The  average 
number  of  adults  present  in  each  year  is  twenty-eight. 
Average  number  of  children  cared  for  in  each  year  is  twen- 
ty-three. Good  homes  have  been  found  for  seventeen. 
There  are  now  in  the  Home  thirteen  children.  The  object 
of  the  Home  is  to  reclaim  the  fallen,  to  bring  them  under 
good,  wholesome,  Christian  influences,  and  thus  secure 
their  reformation.  I  believe  it  is  fully  accomplishing  the 
purpose  for  which  it. was  created.  It  is  in  consonance  with 
the  spirit  of  true  philanthropy  and  good  will,  and  should 
be  encouraged. 

On  account  of  the  over-crowded  condition  of  the  asylums  for 
the  insane  at  Lincoln  and  Norfolk,  and  the  policy  of  separating 
the  incurable  from  the  more  hopeful,  another  building  was  pre- 
pared at  a  cost  of  $03,900  located  at  Hastings. 

This  institution  was  opened  for  the  reception  of  patients 
August  1st,  1889,  at  which  time  were  received  forty-four 
patients  from  Lincoln;  November  12th,  1899,  fifty  patients; 
and  again  April  26th,  1890,  thirty-two  patients,  making  a 
total  of  one  hundred  and  twenty-six  patients  received  from 
Lincoln.  November  12th,  1889,  there  were  received  from 
Norfolk  twenty-two  patients.  There  have  been  received 
since  August  1,  1889,  from  the  different  counties  twenty- 
six  patients,  making  a  grand  total  of  one  hundred  and 
seventy-four  received.  There  are  at  present  one  hundred 
and  sixty  patients  in  the  institution,  one  has  been  dis- 
charged as  cured,  one  is  out  on  parole,  and  one  has  escaped. 
Since  August  1st,   1889,  there  has  been   eleven   deaths. 

To  a  Governor  who  feels  himself  the  head  of  a  great  family,  . 
every  member  of  which  was  entitled  to  his  official  and  humane 
attentions,  in  case  of  unforeseen  calamity,  the  drouth  sufferers  of 
1890  appealed  with  painful  demands.    On  the  first  intimation  of 


STATE    GOVERNORS.  173 

privation  and  suffering  he  recommended  the  county  commission- 
ers of  the  stricken  district  to  organize  means  of  relief.  By  No- 
vember he  called  upon  the  public  to  give  heed  to  the  Macedonian 
•cry,  "Come  over  and  help  us";  and  in  order  to  add  to  his  knowl- 
edge and  make  it  critical,  sent  two  agents  to  traverse  the  coun- 
ties. The  result  was  his  organization  of  a  Relief  Committee, 
with  which  the  contiguous  railroads  co-operated  by  carrying  sup- 
plies free  of  charge.  In  his  message  to  the  Legislature  of  1891, 
he  said: 

It  is  safe  to  conclude  from  the  information  thus  obtained 
that  six  thousand  and  eleven  families  will  require  fuel  and 
provisions  during-  the  winter  and  spring-,  and  nine  thousand 
nine  hundred  and  thirty-eight  families  will  need  grain  and 
seed.  Those  people  in  the  portions  of  the  State  in  which 
crops  have  been  blasted  by  hot  winds  and  the  drouth,  have 
become  the  victims  of  misfortune  from  no  fault  of  their 
own.  They  are  worthy,  honest,  and  industrious  as  any 
people  in  Nebraska  or  any  other  state  in  the  Union.  They 
are  our  own  kith  and  kin — they  are  our  own  fellow  citizens. 
This  question  of  relief  is  of  such  a  magnitude  that  it  has 
become  a  state  affair;  Nebraska  cannot  afford  to  permit 
the  report  to  go  abroad  that  any  one  within  its  borders 
had  died  of  cold  and  hunger.  It  is  rich  enough,  it  is  able 
enough  to  take  care  of  its  own  people.  We  want  no  help 
from  abroad.  T  most  earnestly  recommend  an  appropria- 
tion with  an  emergency  clause  of  two  hundred  thousand 
dollars  ($200,000)  for  their'  relief.  Further  appropriations 
will  be  necessary.  The  necessities  of  those  people  require 
it;  in  the  highest  sense,  Christian  duty  sanctions  it;  human- 
ity dictates  it,  and  God  Almighty  commands  it.  The  in- 
junction, "Remember  the  poor  and  the  needy"  is  as  bind- 
ing- now  as  when  uttered  by  the  Holy  One  two  thousand 
years   ago. 

The  subjoined  recommendation  closed  an  earnest  appeal  to  the 
Legislature  in  behalf  of  the  Columbian  Exposition. 

I  recommend  an  appropriation  of  $150,000  with  an  emerg- 
ency clause,  for  the  purpose  of  inaugurating  and  maintain- 
ing our  exhibits.  Citizens  of  Nebraska  who  attended  the 
Paris  Exposition  were  humiliated  by  the  small  and  insig- 
nificant exhibition  of  its  products  made  there.  I  trust  Ne- 
braskans  who  shall  attend  the  Chicago  Exposition,  and  all 
should   attend  it,  will   not  be   subjected   to  a  like   humilia- 


174  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

tion.  The  display  from  this  State  should  be  such  as  will 
make  every  dweller  within  its  borders  more  proud  of  it 
than  ever  before.  The  display  should  be  such  that  every 
one  can  exclaim  with  exultant  satisfaction:  "That  repre- 
sents my  State." 

Ordinarily,  Governor  Thayer  would  have  been  called  upon  for 
his  retiring  message  as  soon  as  the  Legislature  of  January  6, 
1891,  was  organized  and  ready  in  joint  session,  to  receive  it; 
which  would  have  been  followed  by  the  inaugural  of  his  succes- 
sor. But,  inasmuch  as  the  speaker  of  the  house,  on  account  of  a 
contest  pending,  on  the  part  of  J.  H.  Powers,  Independent  candi- 
date for  Governor,  against  James  E.  Boyd,  refused  to  examine 
and  proclaim  the  result  of  the  election  till  such  contest  was 
settled,  and  only  did  it  by  virtue  of  a  mandamus  issued  from  the 
Supreme  Court  of  Nebraska,  and  as  the  contest  was  not  aban- 
doned till  the  latter  part  of  January,  his  message  was  not  called 
for  until  the  following  day.  Thus  Governor  Boyd  delivered  his 
inaugural  just  one  month  after  the  commencement  of  the  Leg- 
islative session. 

In  the  meantime,  on  the  13th  of  January,  John  M.  Thayer  com- 
menced proceedings,  in  the  State  Supreme  Court,  to  oust  Gov- 
ernor Boyd  from  office,  charging  that  he  was  not  a  citizen  of 
the  United  States  when  elected,  having  been  born  in  Ireland,  and 
never  naturalized  in  the  United  States.  The  case  having  been 
argued  March  12th,  1891,  and  the  opinion  of  the  court  having 
been  announced  May  5th,  reinstating  Thayer  and  ousting  Boyd, 
which  was  just  one  month  after  the  adjournment  of  the  Legis- 
lature, these  officials  changed  places  once  more — Thayer  to  act 
as  Governor  till  a  successor  should  appear,  "elected  aud  qual- 
ified," and  Boyd  to  appeal  to  the  Supreme  Court  of  the  United 
States.  After  nine  months,  in  the  highest  tribunal  known  to 
our  laws,  an  opinion  in  favor  of  Governor  Boyd  was  delivered 
by  Chief  Justice  Fuller,  reinstating  him,  and  retiring  Governor 
Thayer  to  private  life. 

The  contest  waged  by  Governor  Thayer  against  James  E.  Boyd, 
was  upon  the  basis  that  if  naturalized,  the  laws  of  the  United 
States,  in  that  behalf,  had  been  the  instrument  by  which  he  had 


STATE    GOVERNORS.  175 

attained  to  citizenship;  and  that  he  should  be  able  to  show  court 
records  establishing  the  fact.  Admitting  the  correctness  of  this 
position  the  Supreme  Court  of  Nebraska  decided  that  James  E. 
Boyd  was  not  a  citizen  when  elected  Governor. 

But  the  Supreme  Court  of  the  United  States  gave  Mr.  Boyd 
an  equivalent  for  court  naturalization,  in  "collective  naturaliza- 
tion" by  the  admission  of  the  State  of  Nebraska,  and  from  the 
"legal  presumption"  that  his  father  had  been  naturalized  during 
the  son's  minority.  If  that  mode  of  gaining  citizenship  had  been 
previously  amplified  as  the  Supreme  Court  gave  it  prominence 
in  this  instance,  it  might  be  a  question  whether  this  action  would 
ever  have  been  filed,  on  the  decision  obtained  from  the  Supreme 
Court  of  the  State.  Prior  to  this  time  the  legal  profession  had 
never  been  furnished  with  so  voluminous  a  digest  of  sporadic 
•cases  of  naturalization.  These  are  fully  set  forth  in  the  state- 
ment of  Governor  Boyd's  administration,  in  this  volume. 


176  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


GOVERNOR  JAMES  E.  BOYD. 

1891-1893. 

* 

No  man  has  reached  the  Governor's  chair  of  Nebraska  with 
more  real  pioneer  experience  than  James  E.  Boyd.  Nine  years 
a  citizen  of  Buffalo  county  as  farmer  and  ranchman,  at  a  time  • 
when  warring  tribes  of  Pawnees  and  Sioux  claimed  the  same 
region  as  individual  hunting  ground,  and  only  had  a  coerced  re- 
spect for  the  Wood  River  settlement,  on  account  of  its  near  loca- 
tion to  Fort  Kearney,  inured  him  thoroughly  to  the  privations 
of  a  new  and  undeveloped  region,  a  capricious  climate  and  fre- 
quency of  Indian  alarms.  During  the  same  period  he  superin- 
tended a  store  for  a  time,  at  Kearney,  and  as  a  railroad  con- 
tractor graded  three  hundred  miles  of  Union  Pacific  track.  Be- 
fore the  frontier  experience,  from  1856  to  1859,  he  had  resided  in 
Omaha  as  a  carpenter  and  contractor,  and  when  he  returned  in 
1868  he  entered  at  once  into  city  improvements,,  and  organized 
the  Northwestern  railroad  to  Blair,  building  it  and  acting  as  its 
president.  In  the  meantime  he  was  engaged  in  cattle  grazing  on 
the  plains  of  western  Nebraska  and  subsequently  in  Wyoming. 
Since  1872  he  has  been  banker  and  pork  packer  on  a  large  scale, 
employing  as  high  as  170  men.  Before  his  election  as  governor 
his  legislative  training  was  in  the  state  legislature  and  in  two 
different  constitutional  conventions.  He  was  member  of  the 
board  of  aldermen  for  the  city  of  Omaha,  while  as  a  presiding 
officer  twice  mayor  of  Omaha  and  president  of  the  city  board 
of  trade,  he  had  become  familiar  with  the  duties  of  an  executive 
ruler. 

Before  the  city  of  Omaha  had  outgrown  her  modest  halls,  he 
anticipated  her  coming  wants  with  the  beautiful  and  artistic 
Boyd  opera  house,  and  as  soon  as  the  flood  tide  of  population 
demanded  wider  borders  the  "New  Boyd"  supplanted  the  old, 
as  the  beautiful  edifice  overshadows  the  cabin. 

At  the  time  of  his  election  as  governor  he  was  fifty-six  years 


JAS.  E.  BOYD. 


STATE    GOVERNORS.  177 

of  age,  having  been  born  in  Tyrone,  Ireland,  in  1834,  whence  he 
came  to  Ohio  in  1844,  and  thence  to  Nebraska  in  1856.  Of  state 
governors,  the  arrival  of  General  Thayer  in  1854  ante-dates  him 
by  two  years,  while  Governor  Furnas  also  claims  1856  as  his 
advent;  Butler  1858;  Garber  1870,  and  Nance  and  Dawes  1870. 
Thayer  and  Dawes  are  of  New  England  ancestry,  Butler  and 
Garber  of  Virginia,  Boyd  of  Irish,  Furnas  of  South  Carolina, 
and  Nance  of  French  parentage.  Furnas,  Garber,  and  Dawes 
were  born  in  Ohio,  Boyd  in  Ireland,  Thayer  in  Massachusetts, 
Butler  in  Indiana  and  Nance  in  Illinois.  At  the  time  of  election 
Nance  was  thirty  years  of  age,  Butler  and  Dawes  thirty-seven 
each,  Garber  forty-one,  Furnas  forty-eight,  Boyd  fifty-six  and 
Thayer  sixty-six. 

In  the  campaign  of  1890,  the  People's  party  or  Independents, 
often  called  the  Alliance,  as  most  of  them  were  members  of  the 
Farmer's  Alliance,  became  a  formidable  rival  of  the  old  parties 
and  elected  a  majority  of  the  legislative  members,  while  the  dem- 
ocrats elected  the  governor  and  the  Kepublicans  the  balance  of 
the  state  officers.  The  Independents  also  elected  two  members 
to  Congress  and  the  Democrats  one.  As  soon  as  the  result  of 
the  4th  of  November  election  was  known,  contests  were  com- 
menced against  the  democratic  candidate  for  governor  and 
against  the  republican  candidates  for  the  other  state  offices. 
When  the  legislature  convened  on  the  6th  day  of  January,  1891, 
the  Independents  contended  that  no  inauguration  of  officers 
should  take  place  till  contests  were  decided,  and  of  course  no 
canvass  of  votes  in  joint  session  and  proclamation  of  the  same 
be  made  before  such  final  decision.  After  a  conflict  of  authority 
between  the  newly  elected  speaker  of  the  House,  Hon.  S.  M. 
Elder,  and  the  lieutenant  governor,  president  of  the  senate,  the 
chief  justice  of  the  supreme  court  caused  a  writ  of  mandamus 
to  issue  to  Speaker  Elder,  commanding  him  to  "open  and  publish 
the  returns,  and  declare  the  persons  shown  by  said  returns  to 
have  the  highest  number  of  votes  for  each  of  said  executive  of- 
fices, duly  elected."  In  this  manner  James  E.  Boyd  was  declared 
duly  elected. 

13 


178  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

This  mandate,  of  course,  did  not  intend  to  annul  the  pending 
contest,  but  to  place  in  power  the  "prima  facie"  elected  officers 
subject  to  all  future  contingencies.  Accordingly  the  20th  day 
of  January,  1891,  having  been  fixed  for  a  joint  meeting  of  both 
branches  of  the  general  assembly  to  count  and  declare  the  votes 
and  election  of  officers,  the  contestees  including  Hon.  James  E. 
Boyd,  the  Hon.  T.  J.  Majors,  republican,  elected  as  lieutenant 
governor,  and  the  balance  of  the  state  officers,  entered  their  pro- 
tests against  the  legality  of  the  joint  assembly,  in  this,  that  the 
concurrent  resolution  ordering  it  was  never  presented  to  or 
signed  by  either  the  governor  or  lieutenant  governor  of  the  State. 
To  settle  the  question  of  the  legality  of  this  joint  convention, 
the  supreme  court  was  called  upon  to  answer  whether,  when 
the  governor  and  lieutenant  governor  were  both  contestees  and, 
of  course,  personally  interested  in  defeating  the  joint  convention, 
was  it  necessary  to  ask  their  signatures  to  the  resolution,  to 
which  the  court  gave  an  opinion  that  their  signatures  were  neces- 
sary. 

This  decision  having  been  delivered  seven  days  after  the  time 
of  the  intended  joint  convention,  and  other  complications  aris- 
ing, the  contests  were  finally  abandoned  and  the  Hon.  J.  E. 
Boyd,  who  had  superseded  Gen.  John  M.  Thayer,  delivered  his 
inaugural  address  Feb.  6th,  1891,  one  month  after  the  beginning 
of  the  legislative  session. 

As  this  inaugural  message  was  the  first  democratic  utterance 
of  the  kind  since  state  organization,  it  was  subjected  to  close 
scrutiny  and  was  warmly  endorsed  by  the  party  and  people  gen- 
erally, excepting  those  of  his  own  party  and  others  who  were 
as  honestly,  intelligently  and  patriotically  devoted  to  prohibition 
as  he  could  be  to  its  rejection.  The  characteristics  of  the  mes- 
sage were  directness,  clearness  and  a  critical  examination  of 
new  themes  and  living  issues.  Brief  in  extent  and  breathing 
pure  democracy,  conciliatory  in  spirit  and  exceptional  in  style, 
to  present  it  in  fragments  would  do  alike  injustice  to  author  and 
reader.  But  with  positive  assurance  that  the  lavishly  decorated 
vestibule  is  worthy  of  the  beautiful   structure  it  adorns,  the 


STATE    GOVERNORS.  179 

reader  is  introduced  through  the  portal  of  the  exordium  and  left 
with  a  desire  for  the  unabridged  message. 

Assembled  here  by  direction  of  the  people  of  this  great 
and  growing  commonwealth  of  Nebraska,  to  promote  their 
interests  and  render  obedience  to  their  expressed  will,  I 
hope  that  in  all  things  concerning  the  dignity  of  citizen- 
ship and  the  public  weal,  we  may  go  hand  in  hand  toward 
the  faithful  fulfillment  of  our  accepted  trust;  guided  by 
our  best  wisdom,  ambitious  in  the  performance  of  our 
labors,  and  at  all  times  true  to  the  honor  and  the  escutch- 
eon of  the  State.  We  meet  here  instructed  by  the  public 
voice,  you  in  your  sphere  and  I  in  mine,  different  in  action 
yet  the  same  in  end.  As  public  servants,  with  express  com- 
mands, Ave  will  be  held  to  strict  account  by  those  who  sent 
us  here.  Subterfuges  and  stratagems  and  weak  expedients 
will  all  be  swept  away  when  we  are  called  upon  to  explain 
the  record  made  within  these  walls.  Our  principles  aband- 
oned and  our  pledges  unperformed,  the  people  disregarded 
and  the  State  betrayed,  means  to-morrow,  as  it  meant  yes- 
terday, swift  and  complete  political  death.  In  all  that  per- 
tains to  blooming  fields  and  prosperous  homes,  in  all  that 
brings  the  people  of  the  prairies  in  close  alliance  with  the 
people  of  the  towns;  in  the  promotion  of  their  welfare,  in 
the  protection  of  their  rights,  the  redress  of  their  wrongs, 
in  lifting  their  burdens,  and  the  speedy  granting  of  their 
appeals,  and  finally  in  strict  and  even-handed  justice  to  all, 
I  herewith  extend  you  my  hearty  approval  in  advance. 

On  the  20th  day  of  March,  1891,  house  bill  No.  12,  "For  an 
act  to  regulate  railroads,  to  classify  freights,  to  fix  reasonable 
maximum  rates  to  be  charged  for  the  transportation  of  freights 
upon  each  of  the  railroads  in  the  State  of  Nebraska,  and  to  in- 
crease the  powers  and  further  define  the  duties  of  the  board  of 
transportation,  and  to  punish  violations  thereof,"  was  put  upon 
its  passage  in  the  state  senate.  A  call  of  the  senate  being  or- 
dered, a  deadlock  ensued,  which  lasted  for  three  days,  while 
a  motion  could  not  be  entertained  for  a  "suspension  of  further 
proceedings  under  the  call,"  although  one  senator  (Taylor,  of 
Loup  county)  was  permanently  absent.  Of  this  state  of  affairs, 
after  seventy-five  hours  of  continuous  session,  Senator  Stevens 
said: 

The  public  feel  that  such  a  policy  is  a  part  of  the  tactics 
of   the   railroads    of   the   State  to   prevent   any  legislation 


180  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

regulating'  the  charges  of  these  common  carriers.  Will  the 
chair  unlock  the  entanglement  and  afford  the  senate  a 
means  of  escape  by  overruling  or  rather  correcting  the 
former  ruling,  or  shall  this  foolishness  at  the  expense  of 
the  State  go  merrily  on? 

Pending  this  obstruction  to  business  a  self-constituted  com- 
mittee of  democrats  and  republicans,  twelve  in  number,  offered 
a  compromise  to  the  independents  who  were  pressing  the  bill. 
In  the  first  place  they  claimed  that  the  railroad  bill  was  uncon- 
stitutional; to  which  it  was  replied,  "If  the  railroads  really 
thought  it  was  invalid,  it  is  strange  that  they  should  offer  $5,000 
apiece  for  senatorial  votes  to  defeat  it."    They  further  asserted: 

In  other  words  we  favor  a  bill  which  would  provide  a 
reasonable  rate  on  the  following  articles:  wheat,  flour,  mil- 
let, flax-seed,  corn,  oats,  barley  and  other  grains;  mill- 
stuff,  hard  and  soft  lumber,  lath,  doors,  shingles,  sash, 
blinds,  salt,  lime,  cement,  stucco,  horses,  mules,  cattle, 
hogs,  sheep,  hard  and  soft  coal.  And  also  a  provision 
against  increasing  through  freight  rates,  and  that  on  all 
articles  not  mentioned  the  rate  shall  not  exceed  the  tariff 
in  force  on  January  1st,  1891. 

To  which  sixteen  Independent  senators  made  reply, 

We  had  rather  suffer  defeat  at  your  hands  when  we  are 
fighting  the  uneven  battle  of  the  people  against  the  cor- 
porations, than  to  gain  an  apparent  victory  by  passing  a 
measure  prepared  and  placed  in  our  hands  by  the  very  cor- 
porations which  we  seek  to  control.  A  maximum  rate  bill 
embracing  only  the  articles  of  live-stock,  grain,  lumber  and 
coal  would  bring  no  relief  to  our  people,  for  the  reason 
that  those  articles  would  all  be  controlled  by  interstate 
rates.  Nebraska  produces  no  coal  or  lumber,  and  would 
be  required  by  the  roads  of  this  State  to  pay  local  rates 
on  both  of  these  commodities,  which  local  rates  are  higher 
than  the  present  through  rates,  and  the  revenue  of  the 
roads  would  thereby  be  increased  rather  than  diminished. 
The  railroad  companies  have  already  tried  to  frighten  us 
by  threatening  to  refuse  to  give  Nebraska  through  rates 
in  case  the  Newberry  bill  becomes  a  law,  and  we  believe 
they  would  not  be  slow  to  take  advantage  of  an  oppor- 
tunity to  charge  local  rates  on  the  four  commodities  in 
which  the  farmers  are  interested,  if  we  should  accede  to 
your  request. 


STATE   GOVERNORS.  181 

After  three  days  of  suspense  and  strife,  the  sergeant-at-arms 
failing  to  find  the  absconding  senator  (Taylor),  who  had  fled 
from  the  State,  Mr.  Shumway,  a  Republican,  moved  that  further 
proceedings  under  the  call  be  dispensed  with,  and  explained  his 
motion  as  follows: 

Ample  time  has  been  given  all  parties  interested  in  this 
bill  to  try  and  persuade  one  missing  member  to  return. 
But  he  is  still  absent.  I  do  not  think  it  wise  that  the  ac- 
tions of  this  body  be  further  delayed  on  account  of  the 
absentee,  therefore  I  make  the  motion. 

The  motion  prevailed  and  the  bill  passed. 

The  belief  that  Taylor  was  bribed  to  leave  the  senate  and  the 
State,  to  defeat  railroad  legislation,  produced  the  most  intense 
excitement  throughout  the  State,  and  even  the  house  chaplain, 
the  day  after  the  senate  deadlock  was  broken,  emphasized  the 
general  feeling  in  his  prayer  before  that  body: 

We  thank  Thee  for  Nebraska,  for  her  enlarged  borders, 
for  her  citizens  and  her  brotherhood,  but  rejoice  that  her 
borders  are  not  large  enough  to  enclose,  nor  her  brother- 
hood sweet  enough  to  embrace  a  traitor  recreant  to  her 
interests.  Help  him  to  flee  farther  and  yet  farther  from  an 
outraged  and  indignant  people,  until  he  shall  stand  upon 
the  brink  of  a  moral  volcano,  behold  the  forked  tongues  of 
fiery  flames,  the  seething  sea  of  lurid  lava,  hear  the  mut- 
tured  thunder  of  hidden  forces,  and  feel  the  nausea  of 
mental  hell,  until  he  shall  awake  from  mental  death,  repent, 
believe  and  be  saved.  And  what  we  ask  for  discovered  trea- 
son and  uncovered  traitors,  we  ask  for  all  covert  treason 
and  covered  traitors. 

When  the  railroad  bill  was  presented  to  Governor  Boyd  for 
bis  signature  he  returned  it  with  a  veto  message,  in  which  he 

said: 

The  rate  in  this  bill  is  supposed  to  be  based  on  the  Iowa 
rates.  In  Iowa  the  rates  are  fixed  by  a  commission  and  are 
chang-ed  from  time  to  time  as  circumstances  and  the  course 
of  trade  seem  to  require.  In  that  state  the  various  roads 
are  classified  so  that  the  rates  are  higher  on  the  weaker 
roads  and  lower  on  the  stronger  ones  which  have  a  greater 
volume   of  business. 

The   justice    of   such   a   classification  is    apparent.     It  is 


182  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

evident  that  a  road  doing-  a  large  business  can  afford  to 
carry  freight  at  a  less  rate  than  one  which  has  but  little 
traffic.  This  bill  places  the  same  Iowa  rate  on  all  the  roads 
in  the  State  without  regard  to  the  volume  of  business  car- 
ried, and  the  rate  fixed  by  the  bill  is  based  upon  the  lowest 
classification  in  Iowa.  The  latter  state  has  double  the 
acreage  under  cultivation  and  almost  twice  the  population 
of  Nebraska,  with  only  about  two-thirds  its  extent  of  terri- 
tory, and  less  than  double  its  railroad  mileage.  The  volume 
of  freight  transported  by  the  railroads  in  Iowa  is  more 
than  four  times  as  great  as  that  transported  by  the  rail- 
roads of  Nebraska.  It  is  manifest  injustice  to  apply  to  the 
Nebraska  roads  the  lowest  rates  in  force  in  Iowa. 

He  strongly  combated  the  idea  that  the  railroads  were  mak- 
ing exorbitant  profits  at  the  present  time: 

In  my  judgment  there  is  not  a  mile  of  railroad  west  of 
the  sixth  principal  meridian,  except  the  trunk  lines,  that 
is  paying  its  running  expenses  today.  The  products  of  our 
State  in  some  form  are  almost  entirely  consumed  in  the 
East  and  must  be  carried  upon  interstate  rates.  These 
interstate  rates  upon  grain  particularly  are  but  very  little 
above  the  rates  from  Iowa  points.  These  rates  will  not 
be  reduced  by  this  proposed  law,  and  may,  and  can  be 
very  materially  advanced  by  the  railroad  companies  in  self 
defense  and  for  self  preservation. 

The  interstate  rates  referred  to  above  are  those  upon  traffic 
between  and  beyond  states,  under  laws  of  Congress,  and  not  the 
business  done  within  individual  states,  and  governed  by  their 
local  laws.  The  governor  approved  of  the  "rate  on  live  stock 
in  the  eastern  part  of  the  State,"  and  "attributed  the  best  inten- 
tions and  motives  to  the  framers  and  supporters  of  the  bill," 
and  conceded  "that  the  railroad  corporations  have,  in  many  in- 
stances, exacted  unjust  tribute  from  the  people,"  but  believed 
the  law  lacked  careful  consideration,  was  unconstitutional,  and 
would  stop  railroad  construction,  deter  capital  from  entering 
the  State  for  improvements,  and  in  the  reduction  of  wages  and 
discharge  from  railroad  services  produce  a  dangerous  competi- 
tion in  other  branches  of  labor.  On  account  of  the  condition  of 
affairs  in  the  State  he  also  argued  that  the  bill  was  inopportune: 


STATE    GOVERNORS.  183 

Owing  to  the  crop  failure  of  last  year  there  will  be  but 
meager  shipments  of  agricultural  or  live  stock  products 
from  our  State  until  after  another  crop  shall  have  ma- 
tured; and  hence  the  carrying  trade  within  our  borders 
will  be  reduced  to  the  minimum,  and  with  such  a  condition 
confronting  us  I  deem  it  unwise,  as  well  as  unjust,  at  the 
present  time,  to  enforce  such  sweeping  reductions  as  are 
provided  for  in   this  bill. 

Remembering  that  each  party  platform  demanded  restrictive 
legislation,  and  that  the  retiring  governor's  message  recom- 
mended it  and  his  own  inaugural  address  made  it  prominent,  he 
knew  full  well  that  the  temporary  political  consequences  of  his 
own  official  act  were  impending. 

I  am  well  aware  that  my  refusal  to  sanction  this  bill  will 
meet- with  the  disapproval  of  many.  Dissatisfaction  may  be 
expressed  and  harsh  criticism  will  follow.  Be  that  as  it 
may,  I  feel  that  I  have  a  plain  duty  to  perform,  a  duty 
which  I  owe  to  the  interests  of  this  great  State,  and  what- 
ever censure  or  criticism  may  result,  this  duty  I  will  per- 
form in  the  consciousness  that  I  am  acting  for  the  best 
interests  of  the  State  of  Nebraska.  I  therefore  withhold 
my  approval  of  this  bill. 

Inasmuch  as  the  majority  in  each  house  was  not  large  enough 
to  pass  the  bill  over  the  veto,  it  failed  to  become  a  law,  and  since 
the  Independent  party  had  redeemed  its  pledges  by  passing  it 
they  returned  to  their  constituents  vindicated,  while  several 
other  members  had  voted  for  it  under  protest. 

Two  other  acts  were  passed  and  signed  by  Governor  Boyd, 
relative  to  railroads,  the  one  providing  for  naming  stations  after 
the  towns  in  which  they  may  be  located,  and  the  other  for  secur- 
ing the  safety  of  operatives  by  requiring  railroads,  corporations 
and  companies  to  equip  engines  and  cars  with  proper,  efficient 
and  safe  automatic  couplers  and  brakes,  so  that  brakemen  shall 
not  be  required  to  go  between  cars,  or  on  top  of  them,  in  the  dis- 
charge of  their  duties. 

If  the  governor  could  not  co-operate  with  the  Independent 
party  fully  as  to  the  details  of  railroad  legislation,  it  must  have 
given  him  pleasure  to  find  the  general  recommendations  of  his« 


184  NEBRASKA  STATE  HISTORICAL   SOCIETY. 

message  upon  suffrage  so  completely  incorporated  in  the  secret 
ballot  law.  If  it  secures  the  freedom  of  the  voter,  shields  the 
poor  man  of  talent  and  integrity  against  the  competitor  of  mere 
wealth  and  assumptions,  and  results  in  purity  of  elections  and 
the  education  of  manly  voters,  and  relegates  bribes  and  bribery 
to  the  rear,  all  concerned  in  its  establishment  will  have  cause  to 
rejoice  in  an  honored  citizenship  and  a  digDified  state. 

Having  called  the  attention  of  the  legislature  to  the  fact  that 
"the  warehouse  system  now  in  vogue  in  the  State  of  Nebraska 
is  wholly  in  the  hands  of  private  parties  and  corporations,  un- 
controlled by  and  not  responsible  to  any  statute  of  the  State, 
relative  to  public  warehouses,"  the  body  took  prompt  action  and 
gave  form  to  a  statute.  The  scope  of  the  law  required  a  license 
for  keeping  a  warehouse,  for  reception,  storage,  and  sale  of 
grain,  under  penalty  of  a  $10,000  bond  and  a  fine  of  from  one  to 
five  hundred  dollars  for  every  day's  business  transacted  without 
such  license,  obtained  from  the  State  Board  of  Transportation. 
Owners  of  property  were  to  have  access  to  the  same  and  all  the 
books  and  records  of  the  warehouse;  receipts  were  made  trans- 
ferable by  endorsement;  the  issue  of  fraudulent  receipts  made 
punishable  with  imprisonment  for  not  more  than  ten  years  in 
the  penitentiary,  in  addition  to  all  other  penalties,  and  provis- 
ions were  made  for  a  chief  inspector,  with  all  such  safeguards 
and  restrictions  as  the  experience  of  other  states  had  found 
necessary  and  practicable  from  absolute  test  and  experience. 
This  act  was  followed  by  another  giving  new  duties  to  the  Board 
of  Transportation,  among  which  was  the  appointment  of  a  com- 
mittee of  appeals  for  each  city  and  town  in  which  a  warehouse 
was  located,  the  members  of  which  were  placed  under  bonds  of 
$5,000  each,  having  first  taken  the  oath  of  office. 

The  recommendation  for  cheaper  school  books  was  met  by  a 
law  allowing  the  district  boards  to  purchase  a  supply  to  be 
loaned  to  pupils  of  the  school  or  sold  at  cost  to  patrons  for  the 
use  of  their  children. 

Having  signed  a  bill  in  aid  of  drouth  sufferers  of  1890  appro- 
priating $100,000,   before   delivering  his  inaugural,   he   therein 


STATE    GOVERNOKS.  185 

said,  "If  further  aid  is  required,  I  will  sanction  such  appropria- 
tion as  may  be  necessary,"  and  accordingly  was  called  upon  to 
sign  a  law  for  an  issue  of  $100,000  in  state  bonds.  Such  were 
his  views  of  the  value  of  an  adequate  exhibition  of  Nebraska's 
products  at  the  Columbian  Exposition,  it  would  have  given 
greater  pleasure  to  be  permitted  to  sign  a  bill  for  $100,000, 
rather  than  as  passed  for  $50,000.  Bills  also  passed  his  in- 
spection and  received  his  signature  amending  the  law  governing 
the  Soldiers'  and  Sailors'  Home;  admitting  members  of  the 
Women's  Belief  Corps  to  the  visiting  and  examining  board;  a 
bill  for  a  Girls'  Industrial  School  for  juvenile  delinquents;  for  a 
State  Board  of  Health;  for  prohibiting  the  sale  of  firearms  and 
ammunition  or  intoxicating  liquors  to  Indians  not  citizens;  for 
establishment  of  two  experimental  stations  in  the  interests  of 
agriculture;  for  the  loaning  and  safe  keeping  of  state  funds; 
and  for  the  government  of  cities,  with  numerous  other  acts  in 
the  interest  of  economy  and  progress. 

The  last  recommendation  of  his  message,  though  not  incorpo- 
rated in  law,  is  receiving  public  attention  from  politicians  and 
statesmen,  and  in  the  progress  of  intelligent  reform  will  yet  be 
adopted,  when  presidential  electors  will  be  chosen  in  congres- 
sional districts,  and  a  "quartette  of  so-called  pivotal  states  no 
longer  monopolize  the  honor  of  electing  the  chief  magistrate  of 
the  entire  country." 

A  majority  of  the  legislative  members  being  farmers  from  the 
two  old  parties,  banded  together  to  resist  all  forms  of  monopoly 
and  railroad  extortion,  having  much  to  learn  of  parliamentary 
strategy,  they  were  often  embarrassed  but  never  discouraged. 

In  addition  to  the  local  acts  for  Nebraska,  the  discussions  em- 
braced many  subjects  of  interest  of  national  character,  and  ac- 
cordingly we  find  the  House  passing  instructions  to  the  delega- 
tions in  Congress,  on  the  subject  of  the  Paddock  pure  food  bill, 
and  also  in  favor  of  the  election  of  United  States  senators  by 
the  people,  while  the  United  States  Senate  was  complimented 
for  refusing  to  pass  the  Force  Bill,  "the  boldest  stroke  of  cen- 
tralization and  imperialism  since  the  establishment  of  the  Be* 


186  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

public,"  and  affirming  their  opposition  thereto,  because  Ne- 
braska believed  in  "local  sovereignty  and  federal  unity  and  the 
secrecy  of  the  ballot."  Democrats  voting  with  independents  in 
affirmation  of  these  principles  caused  a  member  to  exclaim,  "The 
lion  and  the  lamb  have  at  last  lain  down  together.  Let  us  have 
peace."  The  "free  coinage  of  silver"  was  recommended,  and  the 
$6,200,000  appropriation  for  a  deep  water  harbor  at  Galveston, 
Texas,  was  approved,  a  committee  appointed  to  attend  the  con- 
vention of  states,  and  an  elaborate  report  received  of  its  great 
■value  to  the  Northwest.  As  a  matter  of  reciprocity  and  adver- 
tisement, the  City  of  Galveston  presented  the  Nebraska  legisla- 
ture fifteen  barrels  of  oysters,  which  eventuated  in  a  state  oyster 
supper  and  a  gastronomic  bond  of  union.  Other  episodes  re- 
lieved the  monotony  of  the  daily  duty,  as  the  presentation  of  a 
gavel  to  the  speaker,  S.  M.  Elder,  of  the  House,  made  from  the 
"lone  tree"  that  served  the  early  emigrants  as  the  beacon  light 
served  ocean  mariners.  In  reply  to  a  speech  of  presentation,  by 
Judge  Morris,  Mr.  Elder  said,  in  conclusion: 

Eemember  that  the  tree  from  which  this  gavel  comes 
could  be  seen  from  Buffalo  Peak  to  Little  Blue  River.  One 
evening  at  six  o'clock,  together  with  some  comrades,  I  was 
traveling  through  this  section.  The  ground  was  covered 
with  snow,  and  the  storm  increased.  For  hours  we  trav- 
eled through  the  storm.  Wearied  and  worn,  I  remember 
I  desired  to  lie  down  and  sleep;  my  companions  refused, 
and  we  traveled  on  and  on  until  at  12  o'clock  at  night  we 
ran  against  a  tree;  we  knew  it  was  "lone  tree,"  and  that  we 
were  saved.  It  afforded  us  shelter  that  night  as  it  had 
many  others.  I  thank  my  people  for  this  gavel.  Moving 
along  under  this  gavel,  let  us  enact  such  laws  as  will  be 
of  great  and  lasting  benefit  to  the  great  Commonwealth 
of  Nebraska. 

On  the  last  day  of  the  session,  Mr.  Watson,  of  Otoe  county, 
arose  and  addressed  the  speaker,  complimenting  him  on  his  ad- 
ministration of  the  rules  of  order: 

Mr.  Speaker,  I  desire  to  say  further  that  sometime  in 
your  history,  before  the  meeting  of  this  legislature,  Prov- 
idence has  appeared  to  be  unkind  to  you  and  deprived  you 
of    a   useful   appendage    of   your   body,   your    strong    arm, 


STATE    GOVERNORS.  187 

making  you  physically  incapacitated  as  knight  and  warrior. 
When  it  was  proclaimed  on  Mount  Sinai  that  man  was  fear- 
fully and  wonderfully  made,  your  friends,  wishing  that  you 
should  be  physically  intact  as  you  are  mentally  capable, 
herewith  present  you  an  arm,  and  while  it  is  not  as  nature 
formed  you,  it  is  an  expression  of  our  good  will  and  honest 
intentions  of  the  donors  who  address  you  as  brave  and 
fair  minded,  in  all  the  elements  of  man,  an  able,  impartial, 
presiding  officer,  a  true  and  trusted  friend,  an  elegant  and 
a  splendid  gentleman.  And  in  conclusion  let  me  say,  that 
it  is  the  desire  of  your  friends  and  well  wishers  that  your 
future  life  may  be  happiness,  and  the  conclusion  thereof 
peace  and  comfort. 

Mr.  McKesson  arose  and  said: 

Mr.  Speaker,  and  Gentlemen  of  the  House — As  a  further 
token  of  respect  and  appreciation  on  the  part  of  the  mem- 
bers of  this  House,  for  the  fair  and  impartial  manner  in 
which  you  have  presided  over  its  turbulent  deliberations, 
I  have  been  requested  to  present,  not  to  you,  but  through 
you  to  your  esteemed  wife,  this  beautiful  crayon  portrait  of 
yourself.  Novelists  depict  fancy  painted  pictures,  poets 
sing  of  "Arms  and  of  Heroes";  but  it  remains  for  the  artist 
to  put  upon  canvass,  lifelike  and  real,  living  characteristics 
of  man.  It  was  said  of  Oliver  Cromwell,  England's  illustri- 
ous Commoner,  who  led  the  mediocrity  of  that  nation 
triumphantly  against  Charles  the  First  to  the  throne,  that 
when  asked  by  his  artist  that  he  be  allowed  to  remove  a 
defect  of  nature  from  the  face  of  his  picture,  exclaimed, 
"Paint  me  as  I  am."  So  we,  Mr.  Speaker,  have  painted  you 
as  you  are,  without  compliment  to  your  beauty;  and  as  you 
go  forth  from  the  arduous  duties  of  this  chair  to  com- 
moner walks  of  life,  be  assured  we  carry  the  reflex  of  your 
picture  stamped  in  pleasant  memory,  with  best  wishes  for 
your  success. 

The  Speaker  in  response  said: 

Mr.  Chairman,  members  of  the  legislature,  and  citizens 
generally:  For  me  to  say  at  this  time  that  I  am  embar- 
rassed would  be  superfluous.  These  presents  will  long  be 
remembered  by  me.  I  have  never  sought  a  position  higher 
than  I  had  before.  I  came  here  to  do  my  duty  as  a  man,  and 
if  I  have  not  done  my  duty  it  was  because  I  did  not  know 
how  and  not  because  I  did  not  want  to  do  it.  I  go  from 
Lincoln  with  ill  will  toward  none.     I  will  never  forget  this 


188  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

legislature,  and  I  am  sure  there  are  many  here  who  will 
likewise  not  forget  it.  I  will  always  remember  you  all. 
Once  more,  I  thank  you. 

In  the  matter  of  state  politics,  the  three  parties  differed  so 
little  on  many  questions  of  prime  importance  that  the  strange 
fact  is  revealed  by  official  documents,  that  both  the  retiring  and 
incoming  governors,  in  several  important  cases,  recommended 
action  upon  the  same  identical  questions,  while  the  independ- 
ents responded  in  approving  legislation. 

THAYER   VS.    BOYD. 

On  the  13th  day  of  January,  1891,  leave  was  granted  to  John 
M.  Thayer  by  the  Supreme  Court  of  the  State  of  Nebraska,  to 
file  an  information  against  James  E.  Boyd,  to  establish  the  re- 
lator's right  to  the  office  of  governor  of  the  State  and  to  oust 
the  respondent  therefrom. 

These  proceedings  were  commenced  five  days  after  Boyd  was 
officially  declared  governor  of  Nebraska  and  sworn  into  office. 
The  information  set  forth  the  following  state  of  facts:  the  elec- 
tion of  John  M.  Thayer  as  governor,  in  November,  1888,  and  his 
oath  requiring  him  to  hold  office  "until  his  successor  should  be 
elected  and  qualified";  the  subsequent  election  of  November, 
1890,  in  which  214,000  votes  were  cast,  of  which  James  E.  Boyd 
received  71,331,  J.  H.  Powers  70,187,  and  L.  D.  Richards  68,878; 
and  the  fact  that  James  E.  Boyd  was  not  at  the  time  of  the 
election  of  1890  a  citizen  of  the  United  States,  having  been  born 
in  Ireland  in  1834  and  brought  to  the  United  States  in  1844  by 
his  father,  who  never  went  further  in  the  matter  of  naturaliza- 
tion than  to  file  a  "declaration  of  intentions"  (1851)  prior  to  the 
son's  becoming  fifty-six  years  of  age.  The  information  contained 
many  specifications  of  corroborating  facts  sustaining  the  leading 
propositions.  The  information  closed  with  the  demand  that 
James  E.  Boyd  be  ousted  from  office  and  that  John  M.  Thayer 
be  declared  entitled  thereto,  and  that  he  be  protected  in  office 
by  an  injunction  restraining  the  said  Boyd  from  interfering  with 
the  relator  as  governor  of  Nebraska. 


STATE    GOVERNORS.  189 

In  answer,  a  motion  to  dismiss  having  failed,  the  respondent, 
James  E.  Boyd,  admitted  numerous  allegations,  put  in  issue 
everything  tending  to  cloud  his  title  to  the  office,  on  account  of 
want  of  citizenship,  and  gave  a  full  and  accurate  account  of  the 
acts  of  his  father  and  himself  as  citizens  and  office  holders,  in 
the  states  of  Ohio  and  Nebraska.  But  inasmuch  as  the  facts 
will  appear  in  the  decision  of  the  Supreme  Court  of  the  United 
States,  they  may  be  omitted  in  this  connection.  A  demurrer  to 
respondent's  answer  having  been  argued  before  the  Supreme 
Court  of  Nebraska  on  March  12,  1891,  an  opinion  was  announced 
on  the  following  May  5,  ousting  respondent,  James  E.  Boyd,  and 
reinstating  the  relator  John  M.  Thayer.  One  judge  of  three  dis- 
sented. 

Thereupon,  Governor  Boyd,  giving  place  to  General  Thayer, 
carried  his  case  to  the  supreme  court  of  the  United  States  on  a 
writ  of  error,  where  the  Nebraska  court  was  reversed  and  he 
was  reinstated  Feb.  1,  1892.  In  delivering  the  opinion  of  the 
United  States  court,  Chief  Justice  Fuller  gave  first  attention 
to  the  question  of  citizenship,  and  quoted  the  definition  given  it, 
by  Chief  Justice  Waiter 

Citizens  are  the  members  of  the  political  community  to 
which  they  belong.  They  are  the  people  who  compose  the 
community,  and  who  in  their  associated  capacity,  have  es- 
tablished or  submitted  themselves  to  the  domination  of  * 
the  government  for  the  promotion  of  their  general  wel- 
fare, and  the  protection  of  their  individual  as  well  as  their 
collective  rights. 

The  14th  amendment  reads,  "All  persons  born  or  nat- 
uralized in  the  United  States  and  subject  to  the  jurisdic- 
tion thereof,  are  citizens  of  the  United  States  and  of  the 
state  wherein  they  reside."  The  supreme  court  [of  Ne- 
braska] decided  that  James  E.  Boyd  had  not  been  for  two 
years  next  preceding  his  election  a  citizen  of  the  United 
States,  and  hence  that  under  the  constitution  of  the  State 
he  was  not  eligible  to  the  office  of  governor;  and  that  he 
was  not  a  citizen  of  the  United  States  because  during  hia 
entire  residence  in  the  Territory  from  1856  to  1867  and  in 
the  State  from  1867  to  November  4,  1890,  the  date  upon 
which  he  was  elected  governor,  he  was  a  subject  of  Great 
Britain  and  Ireland.  Arrival  art;  this  conclusion  involved 
the  denial  of  a  right  or  privilege  under  the  constitution  and 


190  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

laws  of  the  United  States,  upon  which  the  determination  of 
whether  Boyd  was  a  citizen  of  the  United  States  or  not  de- 
pended, and  jurisdiction  to  review  a  decision  against  such  a 
right  or  privilege  necessarily  exists  in  this  tribunal.  Mis- 
souri vs.  Andriano,  138  U.  S.,  496.  Each  state  has  the  power 
to  prescribe  the  qualifications  of  its  officers  and  the  manner 
in  which  they  shall  be  chosen,  and  the  title  to  offices 
shall  be  tried,  whether  in  the  judicial  courts  or  otherwise. 
But  when  the  trial  is  in  the  courts,  it  is  a  "case,"  and  if  a 
defense  is  interposed  under  the  constitution  or  laws  of  the 
United  States,  and  is  overruled,  then,  as  in  any  other 
case  decided  by  the  highest  courts  of  the  State,  this  court 
had  jurisdiction  by  writ  of  error. 

We  do  not  understand  the  contention  to  involve  directly 
a  denial  of  the  right  of  expatriation  which  the  political  de- 
partments of  this  government  have  always  united  in  assert- 
ing (Lawrence's  Wheaton,  925;  Whart.  Confl.  Laws,  sec.  5; 
8  Op.  Att'y  Gen.,  130;  9  Op.  Att'y  Gen.,  356;  act  of  Congress 
of  July  27,  1868,  15  Stat.  223;  B.  S.,  Sec.  1999),  but  that  it 
is  insisted  that  Boyd  was  an  alien  upon  the  ground  that 
the  disabilities  of  alienage  had  never  been  removed,  be- 
cause he  had  never  been  naturalized. 

Naturalization  is  the  act  of  adopting  a  foreigner,  and 
clothing  him  with  the  privileges  of  a  native  citizen,  and 
relator's  position  is  that  such  adoption  has  neither  been 
sought  nor  obtained  by  respondent  under  the  acts  of  con- 
gress in  that  behalf.  Congress  in  the  exercise  of  the  power 
to  establish  an  uniform  rule  of  naturalization  has  enacted 
general  laws  under  which  individuals  may  be  naturalized, 
but  the  instances  of  collective  naturalization  by  treaty 
or  by  statute  are  numerous. 

Illustrating  the  doctrine  of  collective  naturalization,  numer- 
ous references  were  made  to  Indian  treaties  and  treaties  with 
governments,  and  to  organic  acts  when  ready  for  admission  as 
states. 

Thus,  although  Indians  are  not  members  of  the  political 
sovereignty,  many  classes  of  them  have  been  made  citizens 
in  that  way. 

As  an  instance  of  this  process  we  give  the  following: 

By  the  act  of  March  3d,  1843,  it  was  provided  that  on 
the  completion  of  certain  arrangements  for  the  partition 
of  the  lands  of  the  Stockbridge  tribe  of  Indians,  each 
and  every  one  of  them  shall  then  be  deemed  to  be  and  from 


STATE    GOVERNORS.  191 

that  time  forth  are  hereby  declared  to  be  citizens  of  the 
United  States,  to  all  intents  and  purposes,  and  shall  be  en- 
titled to  all  the  rights,  privileges  and  immunities  of  such 
citizens.  By  the  8th  article  of  treaty  with  Mexico  in  1848, 
those  Mexicans  who  remained  in  the  territory  ceded,  and 
who  did  not  declare  their  intentions  to  remain  Mexican  citi- 
zens, were  to  be  deemed  citizens  of  the  United  States. 

Treaties  with  France  for  Louisiana  and  that  with  Spain  for 
Florida  were  noted,  and  of  the  latter  it  was  quoted :  "This  treaty 
is  the  law  of  the  land,  and  admits  the  inhabitants  of  Florida  to 
the  enjoyment  of  the  privileges,  rights  and  immunities  of  the 
citizens  of  the  United  States." 

At  the  second  session  of  the  twenty-seventh  congress, 
in  the  case  of  David  Levy,  who  had  been  elected  a  dele- 
gate from  the  Territory  of  Florida,  where  it  was  alleged 
that  he  was  not  a  citizen  of  the  United  States,  it  was  held 
by  the  house  committee  on  elections,  "It  matters  nothing 
whether  the  naturalization  be  effected  by  act  of  congress, 
by  treaty  or  admission  of  new  states,  the  provision  is  alike 
applicable." 

By  the  annexation  of  Texas,  under  a  joint  resolution  of 
congress,  March  1,  1845,  all  the  citizens  of  the  former  re- 
public became,  without  any  express  declaration,  citizens  of 
the  United  States. 

Speaking  of  the  admission  of  states  of  Ohio,  Indiana  and  Illi- 
nois, the  chief  justice  said: 

The  inhabitants,  or  people  who  were  empowered  to  take 
part  in  the  creation  of  these  new  political  organisms  and 
who  continued  to  participate  in  the  discharge  of  political 
functions,  included  others  than  those  who  were  originally 
citizens  of  the  United  States. 

After  numerous  other  citations  illustrative  of  collective  nat- 
uralization, the  following  general  conclusions  were  announced: 

Congress  having  the  power  to  deal  with  the  people  of 
the  territories  in  view  of  the  future  states  to  be  formed 
from  them,  there  can  be  no  doubt  that  in  the  admission  of 
a  state  a  collective  naturalization  may  be  effected  in  ac- 
cordance with  the  intention  of  congress  and  the  people  ap- 
plying for  admission.  Admission  on  an  equal  footing  with 
the   original  states,  in  all  respects  whatever,  involves   the 


192  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

adoption  as  citizens  of  the  United  States  of  those  whom 
congress  makes  members  of  the  political  community,  and 
who  are  recognized  as  such  in  the  formation  of  the  new 
state  with  the  consent  of  congress. 

The  next  question  in  the  chain  of  investigation  was,  in  the 
admission  of  Nebraska,  who  were  made  "members  of  the  polit- 
ical community";  and  from  a  thorough  examination  of  the  or- 
ganic act,  the  enabling  act,  the  state  constitution  and  laws,  to- 
gether with  the  act  of  congress  for  the  State's  admission,  it  ap- 
peared that  in  addition  to  citizens  of  the  United  States,  all  others 
who  had  declared  intentions  to  become  such  were  made  members 
of  the  political  community.  On  this  point  the  opinion  of  the 
court  is  most  emphatic. 

It  follows  from  these  documents  that  congress  regarded 
as  citizens  of  the  Territory  all  who  were  already  citizens  of 
the  United  States,  and  all  who  had  declared  their  intention 
to  become  such.  Indeed  they  are  referred  to  in  section  3  of 
the  enabling  act  as  citizens  and  by  the  organic  law  the 
right  of  suffrage  and  of  holding  office  had  been  allowed  to 
them.  Those  whose  naturalization  was  incomplete  were 
treated  as  in  the  same  category  as  those  who  were  already 
citizens  of  the  United  States.  What  the  State  had  power 
to  do  after  its  admission  is  not  the  question.  Before  con- 
gress let  go  its  hold  upon  the  Territory,  it  was  for  congress 
to  say  who  were  members  of  the  political  community.  So 
far  as  the  original  states  w^re  concerned,  all  those  who 
were  citizens  of  such  states  became  upon  the  formation 
of  the  Union  citizens  of  the  United  States,  and  upon  the 
admission  of  Nebraska  into  the  Union  "upon  an  equal 
footing  with  the  original  states,  in  all  respects  whatso- 
ever" the  citizens  of  what  had  been  the  Territory  became 
citizens  of  the  United  States  and  of  the  State. 

As  remarked  by  Mr.  Chief  Justice  Waite  in  Minor  v.  Hap- 
persett:  "Whoever,  then,  was  one  of  the  people  of  either 
of  these  states  when  the  constitution  of  the  United  States 
was  adopted^  became  ipso  facto  a  citizen,  a  member  of  the 
nation  created  by  its  adoption.  He  was  one  of  the  persons 
associating  together  to  form  the  nation,  and  was,  conse- 
quently, one  of  its  original  citizens.  As  to  this  there  has 
never  been  a  doubt.  Dispute  has  arisen  as  to  whether 
or  not  certain  persons  or  certain  classes  of  persons  were 
part  of  the  people  at  the  time,  but  never  as  to  their  citi- 
zenship if  they  were." 


STATE    GOVERNORS.  19^ 

But  it  is  argued  that  James  E.  Boyd  had  never  declared 
his  intention  to  become  a  citizen  of  the  United  States,  al- 
though his  father  had,  and  that  because,  as  alleged,  his 
father  had  not  completed  his  naturalization  before  the  son 
attained  his  majority,  the  latter  cannot  be  held  to  come 
within  the  purview  of  the  acts  of  congress  relating  to  the 
Territory  and  the  admission  of  the  State,  so  as  to  be  en- 
Titled  to  claim  to  have  been  made  a  citizen  thereby. 

The  act  of  March  26,  1790,  provided  for  the  naturalization 
of  aliens  and  then  that  "the  children  of  such  persons  so 
naturalized,  dwelling  within  the  United  States,  being  under 
the  age  of  twenty-one  years  at  the  time  of  such  naturaliza- 
tion, shall  also  be  considered  citizens  of  the  United  States." 

The  third  section  of  the  act  of  January  29,  1795,  provided 
"that  children  of  persons  duly  naturalized,  dwelling  within 
the  United  States,  and  being  under  the  ag'e  of  twenty-one 
years  at  the  time  of  such  naturalization,  and  the  children 
of  citizens  of  the  United  States,  born  out  of  the  limits  and 
jurisdiction  of  the  United  States,  shall  be  considered  as 
citizens   of   the  United   States,"   etc. 

The  fourth  section  of  the  act  of  April  14th,  1S02,  carried 
into  the  revised  statutes  as  section  2172,  was:  "That  the 
children  of  persons  duly  naturalized  under  any  of  the  laws 
of  the  United  States,  or  who,  previous  to  the  passing  of  any 
law  on  that  subject,  by  government  of  the  United  States, 
may  have  become  citizens  of  any  one  of  the  said  states, 
under  the  laws  thereof,  being  under  the  age  of  twenty- 
one  years  at  the  time  of  their  parents  being  so  natural- 
ized or  admitted  to  the  rights  of  citizenship,  shall  if  dwell- 
ing in  the  United  States,  be  considered  as  citizens  of  the 
United  States."  In  Campbell  v.  Gordon,  6  Cranch,  176,  it 
was  held  that  this  section  conferred  the  rights  of  citizen- 
ship upon  the  minor  child  of  a  parent  who  had  been  duly 
naturalized  under  the  act  of  1795,  although  the  child  did 
not  become  a  resident  of  the  United  States  until  she  came 
here  after  that,  but  before  the  act  of  1802  was  passed.  The 
rule  was  to  be  a  uniform  rule,  and  we  perceive  no  reason 
for  limiting  such  a  rule  to  the  children  of  those  who  had 
been  already  naturalized.  In  our  judgment  the  intention 
was  that  the  act  of  1802  should  have  a  prospective  opera- 
tion. 

By  the  second  section  of  the  act  of  March  26,  1804,  if  any 
alien  who  had  complied  with  the  terms  of  the  act  should 
die  without  having  completed  his  naturalization,  his  widow 
and  children  should  be  considered  citizens  upon  taking-  the 
oaths  prescribed  by  law;  and  this  was  carried  forward  into 
section  2168  of  the  revised  statutes. 
14 


L94  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

I'.\  i  he  first  section  of  the  act  of  May  26,  1824,  carried 
forward  into  section  :.!l(>7  of  the  revised  statutes,  any  alien, 
being  a  minor,  who  shall  have  resided  in  the  United  States 
three  years  aexl  preceding  his  arrival  at  majority  and  con- 
tinued  to  reside  therein,  may,  upon  reaching  the  age  of 
twenty-one  years  and  after  a  residence  of  five  years,  in- 
cluding the  three  years  of  minority,  be  admitted  a  citizen 
ni  i  he  United  States,  without  having-  made  during  minority 
the  declaration  of  intention  required  in  the  case  of  aliens. 

The  statutory  provisions  leave  much  to  be  desired,  and 
the  attention  of  congress  has  been  called  to  the  condition 
of  the  laws  in  reference  to  election  of  nationality;  and  to 
i  he  desirability  of  a  clear  definition  of  the  status  of  minor 
children  of  fathers  who  had  declared  their  intention  to  be- 
come citizens,  but  had  failed  to  perfect  their  naturaliza- 
tion; and  of  the  status  gained  by  those  of  full  age  by  the 
declaration  of  intention. 

Clearly  minors  acquire  an  inchoate  status  by  the  declara- 
tion of  intention  on  the  part  of  their  parents.  If  they  at- 
tain their  majority  before  the  parent  completes  his  natural- 
ization, then  they  have  an  election  to  repudiate  the  status 
which  they  find  impressed  upon  them,  and  determine  that 
they  will  accept  allegiance  to  some  foreign  potentate  or 
power  rather  than  hold  fast  to  the  citizenship  which  the 
act  of  the  parent  has  initiated  for  them.  Ordinarily  this 
election  is  determined  by  application  on  their  own  behalf, 
but  it  does  not  follow  that  an  actual  equivalent  may  not 
be  accepted  in  lieu  of  a  technical  compliance. 

•Tames  E.  Boyd  was  born  in  Ireland,  of  Irish  parents,  in 
1834,  and  brought  to  this  country  in  1844  by  his  father, 
Joseph  Boyd,  who  settled  at  Zanesville,  Muskingum  County, 
Ohio,  and  on  March  5,  1S49,  declared  his  intention  to  be- 
come a  citizen  of  the  United  States.  In  1855  James  E.  Jioyd, 
who  had  grown  up  in  the  full  belief  of  his  father's  citizen- 
ship and  had  been  assured  by  him  that  he  had  completed 
his  naturalization  by  taking  out  his  second  papers  in  1854, 
voted  in  Ohio  as  a  citizen.  In  August,  1856,  he  removed  to  the 
Territory  of  Nebraska.  In  185?  he  was  elected  and  served 
as  county  clerk  of  Douglas  County;  in  1864  he  was  sworn 
into  the  military  service  and  served  as  a  soldier  of  the  fed- 
eral government  to  defend  the  frontier  from  an  attack  of 
Indians;  in  1866  he  was  elected  a  member  of  the  Nebraska 
legislature  and  served  one  session;  in  1871  he  was  elected 
a  member  of  the  convention  to  frame  a  state  constitution 
and  served  as  such;  in  1875  he  was  again  elected  and  served 
as  a  member  of  the  convention  which  framed  the  present 
state    constitution;     in    1880    he    was    elected    and    acted    as 


STATE    GOVERNORS.  195 

president  of  the  city  council  of  Omaha;  in  1S81  and  1885, 
respectively,  was  elected  mayor  of  that  city,  serving  in  all 
four  years.  From  1856  until  the  State  was  admitted,  and 
from  thence  to  this  election,  he  had  voted  at  every  elec- 
tion, territorial,  state,  municipal  and  national.  He  had 
taken  prior  to  the  admission  of  the  State  the  oath  required 
by  law  in  entering  upon  the  duties  of  the  offices  he  had 
rilled,  and  sworn  to  support  the  constitution  of  the  United 
States  and  the  provisions  of  the  organic  act  under  which 
the  Territory  of  Nebraska  was  created.  For  over  thirty 
years  prior  to  his  election  as  governor,  he  had  enjoyed  all 
the  rights,  privileges  and  immunities  as  a  citizen  of  the 
United  States  and  of  the  Territory  and  State,  as  being-  in 
law,  as  he  was  in  fact,  such  citizen. 

When  he  removed  to  Nebraska,  that  Territory  was  to  a 
large  extent  a  wilderness  and  he  spent  years  of  extreme 
hardship  upon  the  frontier,  one  of  the  pioneers  of  the  new 
settlement  and  one  of  the  inhabitants  who  subsequently 
formed  a  government  for  themselves.  The  policy  which 
sought  the  development  of  the  country  by  inviting  to  par- 
ticipation in  all  the  rights,  privileges  and  immunities  of  cit- 
izenship those  who  would  engage  in  the  labors  and  endure 
the  trials  of  frontier  life,  which  so  vastly  contributed  to 
the  unexampled  progress  of  the  Nation,  justifies  the  applica- 
tion of  a  liberal  rather  than  a  technical  rule  in  the  solution 
of  the  question  before  us. 

We  are  of  the  opinion  that  James  E.  Boyd  is  entitled  to 
claim  that  if  his  father  did  not  complete  his  naturalization 
before  his  son  had  attained  majority,  the  son  cannot  be 
held  to  have  lost  the  inchoate  status  he  had  acquired  by  the 
declaration  of  intention,  and  to  have  elected  to  become  the 
subject  of  a  foreign  power,  but,  on  the  contrary,  that  the 
oaths  he  took  and  his  action  as  a  citizen  entitled  him  to 
insist  upon  the  benefit  of  his  father's  act,  and  placed  him 
in  the  same  category  as  his  father  would  have  occupied  if 
he  had  emigrated  to  the  Territory  of  Nebraska;  that  in 
short,  he  was  within  the  intent  and  meaning,  effect  and 
operation  of  the  acts  of  congress  in  relation  to  citizenship 
of  the  Territory,  and  was  made  a  citizen  of  the  United 
States  and  of  the  State  of  Nebraska  under  the  organic  and 
enabling  acts  and  act  of  admission. 

(2)  Another  and  shorter  course  of  reasoning  leads  to  the 
same  conclusion:  — 

The  respondent,  in  his  answer,  after  stating  that  his 
father,  on  March  5,  1849,  when  the  respondent  was  about 
fourteen  years  of  age,  made  before  a  court  of  the  State  of 


196  NEBRASKA   STATE  HISTORICAL   SOCIETY. 

Ohio  his  declaration  of  intention  to  become  a  citizen  of  the 
United  States,  and  averring  "that  his  father  for  forty-two 
years  last  past  has  enjoyed  and  exercised  all  of  the  rights, 
immunities  and  privileges  and  discharged  all  the  duties  of  a 
citizen  of  the  United  States  and  of  the  State  of  Ohio,  and 
was  in  all  respects  and  purposes  a  citizen  of  the  United 
States  and  of  the  State  of  Ohio";  and  particularly  alleging 
his  qualifications  to  be  a  citizen,  and  his  acting  as  such  for 
forty  years,  voting  and  holding  office  in  the  State,  fur- 
ther distinctly  alleges  "on  information  and  belief,  that 
prior  to  October,  1854,  his  father  did  in  fact  complete  his 
naturalization  in  strict  accordance  with  the  acts  of  con- 
gress known  as  the  naturalization  laws  so  as  to  admit 
and  constitute  him  a  full  citizen  of  the  United  States  there- 
under, he  having  exercised  the  rights  of  citizenship  herein 
described,  and  at  said  time  informed  respondent  that  such 
was  the  fact." 

As  the  allegation  last  quoted  sets  up  a  right  and  priv- 
ilege claimed  under  the  laws  of  the  United  States,  this 
court  must  determine  for  itself  the  question  of  the  suffi- 
ciency of  this  allegation,  and  is  not  concluded  by  the  view 
taken  of  that  question  by  the  supreme  court  of  Nebraska. 
In  the  words  of  Mr.  Justice  Miller,  speaking  for  this  court : 
"The  question  whether  a  plea  sets  up  a  sufficient  defense, 
when  the  defense  relied  on  arises  under  an  act  of  congress, 
does  present,  and  that  necessarily,  a  question  of  federal 
law;  for  the  question  is  and  must  be,  Does  the  plea  state 
facts  which  under  the  act  of  congress  constitute  a  good 
defense?" 

It  is  true  that  naturalization  under  the  acts  of  congress 
known  as  the  naturalization  laws  can  be  completed  before 
a  court,  and  that  the  usual  proof  of  naturalization  is  a 
copy  of  the  record  of  the  court.  But  it  is  equally  true 
where  no  record  of  naturalization  can  be  produced,  evi- 
dence that  a  person  having  the  requisite  qualifications  to 
become  a  citizen,  did  in  fact  and  for  a  long-  time  vote  and 
hold  office  and  exercise  rights  belonging  to  citizens,  is  suf- 
ficient to  warrant  a  jury  in  inferring  that  he  has  been  duly 
naturalized  as  a  citizen.  And  by  the  constitution  of  Ohio 
of  1851,  none  but  white  male  citizens  of  the  United  States 
were  entitled  to  vote  or  hold  office. 

Such  being  the  settled  law,  we  can  have  no  doubt  that  the 
fact  that  the  respondent's  father  became  a  naturalized  cit- 
izen of  the  United  States  before  October,  1854,  is  well 
pleaded  in  the  allegation  in  question,  and  is  therefore  ad- 
mitted by  the  demurrer.  The  allegation  "that  prior  to  Oc- 
tober, 1854,  his  father  did  in  fact  complete  his  naturaliza- 


STATE    GOVERNORS.  197 

tion  in  strict  accordance  with  the  act  of  congress  known 
as  the  naturalization  laws  so  as  to  admit  and  constitute 
him  a,  full  citizen  of  the  United  States  thereunder,"  neces- 
sarily implies  that  he  had  been  duly  naturalized  before  a 
court  as  required  by  those  laws.  Specific  allegations  of 
the  time  and  place  at  which,  and  of  the  court  before  which, 
he  was  so  naturalized,  or  setting  forth  a  record  of  his  nat- 
uralization, would  have  been  superfluous,  and,  in  view  of 
the  respondent's  imperfect  information,  as  manifest  upon 
the  face  of  the  allegation,  of  a  transaction  taking  place  so 
long  ago',  hardly  possible. 

Under  this  allegation,  and  the  earlier  allegations  leading 
up  to  it,  if  traversed,  a  jury  would  have  been  warranted 
in  inferring  that  the  respondent's  father  became  a  citizen  of 
the  United  States-  before  October,  1S54,  and  consequently 
that  the  respondent  himself  was  likewise  a  citizen. 

For  this  reason,  without  regard  to  any  other  question 
argued  in  the  case,  the  respondent  was  entitled  to  judg- 
ment upon  the  demurrer. 

Mr.  Justice  Harlan,  Mr.  Justice  Gray  and  Mr.  Justice 
Brown  concur  in  the  conclusion  of  the  court  upon  the  lat- 
ter course  of  reasoning  only. 

All  of  the  justices,  except  Mr.  Justice  Field,  unite  in  hold- 
ing that  this  court  had  jurisdiction  of  the  case,  and  that 
upon  this  record,  James  E.  Boyd  has  been  for  two  years 
next  preceding  his  election  to  the  office  of  governor,  a  citi- 
zen of  the  United  States  and  of  the  State  of  Nebraska. 

The  judgment  of  the  supreme  court  of  Nebraska  is  re- 
versed, and  the  cause  remanded  to  be  proceeded  in  accord- 
ing- to  law  and  in  conformity  with  this  opinion. 

The  message  of  Governor  Boyd,  closing  his  official  term,  dated 
January  13,  1893,  disclosed  thorough  analysis  of  the  situation, 
with  evidence  of  practical  reform.  He  enumerated  as  objects 
to  be  remedied,  first: 

The  last  legislature  greatly  increased  the  appropriations, 
but  made  no  provision  for  an  increased  levy  to  meet  the 
additional  expense. 

He  estimated  the  deficiencv  that  would  result  therefrom,  for 
two  years,  at  $750,000.     Second: 

That,  while  the  law  explicitly  states  that  property  should 
be  listed  for  assessment  at  its  actual  value,  it  is  notorious 
that  this  is  not  done.    In  fact  it  is  safe  to  say  that  the  pre- 


198  NEBRASKA   STATE    HISTORICAL   SOCIETY. 

vailing  average  of  values  assessed  is  about  one  eighth  of 
the  actual  value  and  there  is.  in  consequence,  a  correspond- 
ing high  rate  of  levy  required  for  the  raising-  of  the  neces- 
sary revenue,  the  same  being  almost  invariably  tip  to  the 
limit    established    by    Law. 

Third: 

That  as  the  constitutional  amendment,  for  the  investment 
of  the  permanent  school  fund,  was  undoubtedly  defeated  by 
the  heedlessness  of  voters  it  should  again  be  submitted  for 
public   approval. 

Fourth,  inasmuch  as  a  saving  of  f  40,000  had  been  secured  in 
administering  the  affairs  of  a  few  of  the  state  institutions,  he 
argued  the  necessity  of  allowing  governors  to  appoint  all  their 
superintendents,  believing  that  "their  running  expenses  could 
be  reduced  30  per  cent  over  amounts  heretofore  consumed.*' 
Speaking  of  an  investigation  which  he  had  the  honor  to  institute 
he  said: 

The  investigation  which  followed  developed  such  a  state 
of  affairs  as  warranted  an  investigation  by  the  grand  jury, 
with  the  result  that  a  number  of  criminal  indictments  were 
found,  with  which  the  courts  have  yet  to  deal. 

Commenting  on  the  report  of  the  commissioner  of  public  lands 
and  buildings  relative  to  the  school  fund  he  said: 

The  report  further  shows  that  there  is  now  invested  in 
United  States  bonds,  state  securities  and  registered  county 
bonds  belonging  to  the  permanent  school  fund  the  sum  of 
$2,525,872.35,  and  cash  in  the  state  treasury  amounting  to 
$490,39S.39,  making  a  total  of  $3,016,270.74,  an  increase  in  the 
permanent  school  fund  during  the  past  two  years  of  $270,- 
063.53.  The  common  school  lands  now  under  lease  produce 
an  annual  rental  of  $90,716.08.  This  with  the  annual  inter- 
est and  unpaid  principal  on  said  contracts,  amounts  to 
$239,170.11,  which  with  the  added  interest  amounting  to 
$5,542.31  makes  a  fund  of  $335,428.50  to  be  annually  appor- 
tioned to  the  school  districts  of  the  State  in  addition  to 
the  revenue  derived  from  the  investment  of  the  permanent 
sehool   fund    in    the    slate    treasury. 

This  is  a  magnificent  showing  for  the  educational  ad- 
vantages of  our  State  and  reflects  great  credit  upon  those 
founders  of  our  State  who  in  the  early  days  conserved  its 
school   interests. 


STATE    GOVERNORS.  100 

Of  the  State  University  he  uttered  the  following: 

The  report  of  the  Board  of  Regents  of  the  State  Univer- 
sity makes  a  particularly  gratifying  showing.  The  growth 
of  The  University  during  the  last  biennial  period  has  been 
phenomenal.  The  attendance  has  more  than  doubled,  the 
present  enrollment  being  957.  This  registration  represents 
twenty  states  besides  Nebraska  and  sixty-four  Nebraska 
counties.  The  close  connection  of  the  University  with  the 
public  school  system  is  shown  by  the  fact  that  387  pupils 
come  from  hig-h  schools  and  315  from  public  schools.  The 
advanced  standing  of  the  University  and  its  strong  hold 
upon  all  who  are  seeking  the  best  facilities  for  higher  edu- 
cation is  manifested  by  the  fact  that  125  of  the  students 
came  from  other  colleges  and  universities,  largely  within 
this  State.  That  it  is  ministering-  in  a  helpful  way  to  the 
great  mass  of  the  people  of  the  State  and  not  to  any  pre- 
ferred class  is  shown  by  the  fact  that  243  of  its  students 
are  children  of  farmers  while  the  remainder  are  scattered 
with  a  large  degree  of  equality  among  every  occupation 
known  in  the  State. 

He  gave  the  following  facts: 

I  have  the  honor  to  report  the  granting  by  me  of  thirteen 
pardons,  twelve  commutations  and  five  remittances  of  fines. 

The  different  sums  of  money  received  by  me  and  paid  into 
the  State  Treasury,  as  evidenced  by  receipts  on  file,  amount 
to  $14,166.80. 

Speaking  of  the  Adjutant  General's  office  he  said: 

A  demand  was  made  for  the  return  of  this  money  ($1,- 
440.36)  which  demand  was  complied  with. 

On  the  subject  of  the  Nebraska  Relief  Commission: 

Relief  was  afforded  in  about  ten  counties  which  had  suf- 
fered from  the  drouth  of  the  season  of  1890.  Provisions  were 
supplied  to  an  average  of  S,000  families  averaging  five 
in  a  family,  from  four  to  six  weeks.  Great  g-ood  was  done, 
and  many  discouraged  settlers  were  thus  enabled  to  hold 
their  homes,  and  have  since  been  rewarded  with  good  crops. 

Though  the  last  legislature  had  appropriated  $25,000  for  the 
National  Guard.  Gov.  Boyd  asked  but  $10,000  for  an  equal 
length  of  time,  two  years;  and  recommended  that  artillery  and 
cavalry  be  mustered  out.  and  "that  the  strength  of  the  com 
panies  be  increased  to  conform  with  the  new  tactics,  and  that 
each  company  have  a  maximum  of  100  enlisted  men." 


200  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

Od  the  subject  of  extortions,  he  stated: 

I  think  there  is  a  demand  for  the  regulation  of  rates 
charged  by  the  express  companies  within  this  State,  to  the 
end  that  charges  unreasonably  high  may  be  reduced  to  a 
reasonable  cost.  There  is  no  justification  of  the  high  rates 
:it   present  exacted  by  the  express  companies  of  this  State. 

He  had  the  following  on  insane  convicts: 

I  would  further  call  your  attention  to  the  advisability  of 
a  law  which  would  authorize  the  executive  to  parole  con- 
victs who  become  insane  in  the  prison  for  transfer  to 
an  asylum.  Under  existing  conditions,  to  transfer  an  in- 
sane convict  to  an  asylum,  the  governor  must  issue  a  par- 
don and  an  insanity  board  must  then  pass  upon  the  unfor- 
tunate person.  Should  the  prisoner,  however,  become  cured 
of  his  insanity,  he  cannot  be  returned  to  the  state  prison, 
a  defect  in  the  law  which  should  be  remedied. 

Two  important  recommendations  related  to  libraries  and  to 
the  State  Historical  Society. 

I  believe  that  the  law  relating  to  the  establishment  of 
public  libraries  should  be  amended  so  as  to  extend  like  priv- 
ileges to  each  school  district  in  the  State,  as  I  think  the 
establishment  of  free  libraries  in  conjunction  with  the 
•  public  schools  would  be  a  wise  and  judicious  thing. 

The  State  Historical  Society  calls  upon  the  legislature  for 
an  increase  of  the  amount  appropriated  allotted  to  it,  ask- 
ing for  $7,500  for  the  ensuing-  two  years.  I  believe  this  de- 
sirable  and   therefore   recommend   it. 

Recurring  to  his  veto  of  a  railroad  freight  bill  in  the  session 
of  1892,  he  said: 

I  am  still  of  the  opinion  that  a  reasonable  reduction  in 
freight  rates  shoidd  be  made,  but  from  year  to  year  con- 
ditions vary  so  much  that  an  inflexible  rate  on  all  schedule 
articles  would  be  liable  to  work  injustice,  and,  in  my  judg- 
ment should  not  be  established  by  statute,  except,  perhaps, 
upon  staple  commodities,  such  as  grain,  live  stock,  coal, 
lumber,  and  like  commodities  in  car-load  lots.  The  adjust- 
ment of  rates  should,  I  believe,  be  left  to  a  commission 
composed  of  men  capable  of  dealing  intelligently  with  the 
question  and  affording  means  to  thoroughly  inform  them- 
selves as  to  the  merits  of  each  separate  case  brought  be- 
fore them  for  adjustment. 


STATE    GOVERNORS.  201 

In  view  of  the  fact,  that  an  appropriation  of  $50,000  would 
fail  to  present  the  state's  capabilities  and  demands,  in  an  ade- 
quate manner,  in  the  World's  Fair  at  Chicago,  an  equal  addi- 
tional appropriation  was  recommended. 

The  warehouse  bill  of  last  session,  now  a  law,  received  hearty 
commendation,  with  such  additions  suggested  as  would  give  it 
greater  efficiency.  The  new  election  law  known  as  the  Aus- 
tralian System,  and  the  Michigan  mode  of  choosing  presidential 
electors,  by  congressional  districts,  came  in  for  approval,  on 
the  basis  of  successful  experiment,  and  needed  only  certain 
specific  additions  to  bring  them  up  to  the  governor's  standard 
of  democratic  excellence. 

In  his  official  term,  having  navigated  a  stormy  sea,  his  ex- 
cellency hailed  a  quiet  port  with  an  honest  concession: 

There  are  many  agreeable  things  connected  with  the 
Governor's  office,  but  at  the  same  time,  I  may  say,  it  is 
with  a  feeling-  of  pleasure  and  rejoicing  that  I  relinquish 
unto  my  successor  the  duties,  cares  and  responsibilities  per- 
taining thereto. 


202  NEBRASKA    STATE    HISTORICAL    SOCIETY. 


GOVERNOR  LORENZO  CROUNSE. 

1893-1895. 

Governor  Lorenzo  Crounse  delivered  his  inaugural  January 
i:'».  ix<>::,  in  which  he  congratulated  the  legislature  upon  State 
prosperity,  as  contrasted  with  the  drouth  of  two  years  before; 
affirmed  the  fact  of  Nebraskans  being-  a  plain,  toiling  people, 
averse  to  "extravagance  which  begets  extravagance";  and  ex- 
pressed the  positive  opinion  that  "the  appropriations  made  by 
the  last  legislature"  were  f 750,000  too  high,  and  that  f 50,000 
more  could  be  saved  by  the  legislature  dispensing  with  unneces- 
sary employees;  that  the  management  of  state  institutions 
should  be  so  thorough  that  guilty  officials,  if  in  existence, 
should  be  exposed;  that  "corporations  not  only  have  no  right  to 
unjustly  take  millions,  but  they  should  not  be  allowed  to  take 
an  unjust  dollar  from  the  people,"  and  yet  "their  property  rie- 
serves  the  same  consideration  as  that  accorded  to  any  other," 
and  while  the  Populist  party  had  control  of  the  legislature  ami 
he  would  have  preferred  one  in  harmony  with  his  own  views, 
still  it  was  their  dutv  "to  advance  the  welfare  and  glorv  of  the 
State  in  which  we  all  have  such  a  just  pride." 

It  was  at  this  session  of  the  legislature  that  Judge  William 
V.  Allen,  Populist,  was  elected  United  States  Senator  for  a  term 
of  six  years. 

Message,  January  3,  L895. 

Two  years  after  the  delivery  of  his  inaugural,  he  was  com- 
pelled to  review  a  period  of  great  financial  depression  and  fail 
ure  of  crops  in  the  western  part  of  the  State,  causing  him  to  re- 
vive i  he  relief  commission  of  1891,  and  giving  an  opportunity 
of  thanking  the  people  of  Oregon  and  others  for  substantial  aid. 
and  the  railroads  for  free  transportation  for  donated  supplies. 
Said  he:  "My  idea  is  that  the  several  counties  should  care  for 
their  own  needy."    He  believed  this  would  produce  economy  and 


L.  CKOr.VSK. 


STATE    GOVERNORS.  203 

honesty  in  distribution,  and  if  the  State  would  invest  the  per- 
manent school  fund  in  relief  bonds  of  counties,  it  would  be 
safer  and  cheaper  than  outright  appropriations;  besides  the 
State  indebtedness  had  reached  the  constitutional  limit. 

FINANCES. 

He  declared  the  State's  financial  condition  bad,  inasmuch  ;is 
there  were  outstanding  warrants  of  two  classes,  equal  to  $608,- 
538,  with  only  $28,503  with  which  to  pay.  He  found  the  prop- 
erty of  the  State  $1,275,685,514,  assessed  at  less  than  15  per  cent 
of  its  value.  He  demanded  better  security  for  State  funds  de- 
posited with  banks;  and  gave  ample  evidence  of  a  painstaking 
aud  intelligent  care  over  the  investments  of  the  permanent 
school  fund.  By  securing  obedience  to  the  law  requiring  officers 
of  state  institutions  to  make  semi-annual  reports  of  receipts 
and  disbursements,  he  was  able  to  see  order  evolved  from  con- 
fusion and  economy  made  the  rule  rather  than  the  exception. 
While  the  monthly  demand  for  coal  at  the  Lincoln  Insane  Hos- 
pital under  Thayer's  administration  for  two  terms  was  546  tons, 
and  under  Boyd's  233  tons  for  'one  term,  it  was  only  181  tons 
during  the  term  of  Mr.  Crounse. 

It  was  his  good  fortune  to  have  administered  his  term  on 
$'667,000  less  of  an  appropriation  than  the  allowance  for  the 
previous  years. 

By  allowing  an  officer  of  a.  prominent  institution  to  retain 
position  irrespective  of  politics,  he  honored  the  doctrine  of  pro- 
motion for  merit,  and  said  in  his  message:  "Sound  legislation 
should  not  be  avoided  for  fear  of  the  loss  of  some  partisan  ad- 
vantage." In  cases  where  malfeasance  and  embezzlement  were 
suspected  he  promptly  aided  the  officers  of  justice.  In  the  mat- 
ter of  $236,364  he  ordered  suit  to  be  brought  upon  a  retired 
treasurer's  bond.  He  was  able  to  show  a  decided  decline  in  in- 
sane hospital  expenses  in  these  words: 

These  three  hospitals,  located  at  Hastings,  Lincoln,  and 
Norfolk,  tinder  the  superintendency  of  Drs.  Johnston,  Hay. 
and  Little,  respectively,  have  been  ably  managed,  and  I  de- 
sire to  testify  to  the  hearty  co-operation  and  sympathy  of 


204  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

1  liese  gentlemen,  and  the  stewards  under  them,  in  niy  ef- 
forts to  reduce  the  expenses  of  these  institutions  to  the 
minimum.  A  reference  to  the  table  furnished  you  will  show 
that  the  annual  per  capita  tax  expense  was  reduced  from 
$270.04  in  the  year  1892  to  $152.65  in  1894  at  Hastings,  from 
$229.72  to  $193.05  at  Lincoln,  and  from  $270.34  to  $258.04  at 
Norfolk  during  the  corresponding  period — all  excellent 
showings  and  about  equally  good  considering  the  difference 
in  population  of  each,  which  of  course  affects  the  result. 

IRRIGATION. 

In  dealing  with  his  immediate  fellow-citizens  and  the  outside 
world  he  was  equally  explicit  and  fair: 

The  fact  that  nearly  or  quite  half  of  the  lands  within  the 
State  lie  west  of  the  line  of  humidity  sufficient  to  insure 
an  unbroken  succession  of  crops,  renders  irrigation  neces- 
sary to  protect  the  people  against  disaster  in  unusually  dry 
years.  The  partial  failure  from  drouth  in  1890-92-93,  and 
the  almost  total  failure  of  1894,  has  awakened  the  people 
to  the  necessity  of  providing  for  watering*  the  growing  crops 
by  artificial  means.  The  soil  of  western  Nebraska,  where, 
to  some  extent,  want  now  prevails,  is  as  fertile  as  that  of 
any  portion  of  the  United  States,  and  in  the  years  past  has 
yielded  abundant  harvests  in  response  to  the  efforts  of  in- 
dustrious settlers. 

RAILROADS  AND  BEET  SUGAR. 

Thoroughly  impressed  with  the  fact  of  the  State's  adaptation 
to  the  cultivation  of  the  sugar  beet  and  of  the  value  of  that  great 
industry,  he  suggested  a  bounty  where  a  specific  price  had  been 
paid  the  cultivator  of  the  beet,  but  which  should  stop  as  soon  as 
the  TTnited  States  government  gave  the  sugar  industry  protec- 
tion. He  declared  the  court  decision  "disappointing  and  un- 
satisfactory,- in  admitting  the  constitutional  power  to  legislate 
upon  freight  rates,  and  then  nullifying  the  law  for  want  of 
adaptability  and  the  financial  ability  of  the  railroads,  and  sug- 
gested an  appeal  to  the  court  of  last  resort.  During  his  admin- 
is!  ration  he  had  specially  received  and  turned  into  the  state 
treasury  #36,595. 

With  a  carefully  prepared  and  condensed  message,  and  in  a 
spirit  of  kindness  he  made  his  official  bow. 


STATE    GOVERNORS.  205 


CONCLUSION. 


In  relinquishing  an  office  which  came  to  me  in  a  manner 
highly  complimentary  I  do  so  with  the  consciousness  of  hav- 
ing- tried  to  be  of  service  to  the  people  of  the  State  who 
have  so  frequently  honored  me.  How  well  I  have  succeeded 
they  must  decide.  I  shall  carry  with  me  pleasant  recollec- 
tions of  the  kindly  relations  which  have  existed  between 
myself  and  those  with  whom  I  have  associated  or  had  to 
deal  with  in  an  official  way. 


20G  NEBRASKA     STATE     11  IST(  Mlli'Al,     SOCIETY. 


GOVERNOR  SILAS  A.  HOLCOMB. 

1895-1897. 

Hon.  Silas  A.  Holcomb  was  born  in  the  state  of  Indiana  in 
the  year  1858,  and  is,  consequently,  37  years  of  age,  in  this  1895. 
His  early  education  was  obtained  in  the  common  and  Normal 
school  before  his  17th  year,  when  he  assumed  the  duty  of 
teacher.  During  four  years  of  teaching  he  was  preparing  for 
college;  but  his  plans  were  seriously  deranged  on  account  of 
the  death  of  his  father  in  1878.  One  year  thereafter  he  arrived 
in  Hamilton  County,  Nebraska,  with  his  mother  and  younger 
brothers  and  sisters.  Thoughtful,  industrious  and  persevering, 
he  accepted  the  first  honorable  opening  for  employment,  work 
upon  a  farm,  for  one  year,  and  in  1880  entered  the  law  office  of 
Thummel  &  Piatt,  at  Grand  Island,  and  came  to  the  bar  in  1882. 
In  1883  he  removed  to  Broken  Bow,  and  in  1891  was  elected 
Judge  of  the  12th  Judicial  District. 

Though  a  populist  and  allied  with  the  silver  democrats,  he 
was  elected  Governor  in  1894,  while  the  State  went  republican 
by  pluralities  of  from  twelve  to  twenty-five  thousand. 

The  election  of  Silas  A.  Holcomb,  of  the  Populist  party,  in 
1894,  took  place  during  the  40th  year  of  our  congressional  rep- 
resentation (the  limit  of  these  sketches).  He  has  been  pre- 
ceded by  Burt  of  South  Carolina,  Izard  of  Arkansas,  Richmond 
of  Illinois,  and  Black  of  Pennsylvania,  all  democratic  terri- 
torial governors,  and  Saunders,  republican,  from  Iowa;  also  by 
elected  governors  of  the  State,  Butler,  Furnas,  Garber,  Nance, 
Dawes,  Thayer  and  Crounse,  republicans,  and  Boyd,  democrat. 
Governor  Crounse,  his  immediate  predecessor,  had  been  inaug- 
urated by  a  populist  legislature,  while  he  was  inducted  into 
office  by  a  republican  one.  In  the  great  political  upheaval  of 
1894  the  populists  lost  the  legislature  and  gained  the  Governor, 
while  the  republicans,  losing  the  Governor,  gained  the  legisla- 
ture,  and    consequently   the   United    States   Senator,    John    M. 


STATE  GOVERNORS.  207 

Thurston.  The  canvass  had  been  one  of  exceeding  bitterness. 
Cleveland  democrats  had  been  charged  with  being  allies  of  Wall 
Street  bankers,  bondholders  and  brokers;  republicans  with 
being  in  the  same  boat,  and  pandering  to  capital  by  high  protec- 
tive tariffs;  while  populists  were  denounced  by  both  of  the  old 
parties,  as  the  destroyers  of  state  credit,  advocates  of  vagaries 
and  extremists  generally.  Silly  opponents  fancied  the  inaug- 
ural of  Governor  Holcomb  would  give  forth  sulphur,  be  lurid  in 
war  paint  and  intimate  scalpels  and  daggers.  Populists,  silver 
democrats  and  independent  republicans,  who  had  supported 
him,  had  no  fears  of  the  result  and  were  delighted  with  the 
effort.  Exceptional  in  taste,  pure  in  style,  and  admirable  in 
scope,  dealing  onty  in  living  issues,  the  production  carried  its 
own  vindication.    Almost  the  first  subject  treated  was 

DROUTH    SUFFERERS. 

I  regret  the  necessity  demanding-  a  careful  consideration 
of  the  actual  want  of  a  great  number  of  our  people  caused 
by  the  drouth  of  last  year.  Nature  has  bountifully  blessed 
Nebraska.  Her  climate  is  unexcelled  and  her  soil  responds 
generously  to  the  labor  of  the  husbandman.  For  years 
prior  to  1890  there  was  an  uninterrupted  era  of  good  crops. 
Rapidly  the  domain  of  the  rancher  was  encroached  upon  by 
the  farmer.  From  various  states  came  an  energetic  class 
of  good  citizens  to  make  their  homes  in  western  Nebraska. 
Generally  they  were  poor  and  depended  upon  the  first  sea- 
son's crop  to  supply  themselves  and  families  with  all  the 
immediate  necessities  of  life,  and  until  1890  they  never  relied 
in  vain.  Then  came  one  season  when  the  accustomed  rains 
failed  to  fall  and  hot  winds  swept  over  the  country,  carry- 
ing devastation  to  the  fields  of  growing  grain.  Since  then 
there  have  been  alternating  good  and  poor  crops  culminat- 
ing in  the  general  drouth  of  1894. 

While  this  drouth  extended  practically  over  the  entire 
country,  it  was  particularly  disastrous  in  the  .western  por- 
tion of  the  State.  Distressed  by  combats  with  previous  par- 
tial crop  failures,  many  farmers  with  only  moderate  means 
were  wholly  unprepared  to  meet  the  drouth.  Many  had 
been  unable,  on  account  of  the  short  time  of  their  residence, 
to  store  up  grain  sufficient  to  meet  the  exigencies  of  this 
extraordinary  occasion.  Some  removed  from  the  State,  but 
the  great  majority,  possessing  the  utmost  faith  in  the  coun- 
try, remained,  determined   to  hold  on  to  their  possessions 


208  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

in  the  drouth-stricken  district.  If  patience  and  long-suffer- 
ing make  people  deserving,  the  harvest  of  is<)5  should  be 
bountiful. 

Our  great  Slate  is  able  to  take  care  of  its  own  poor  and 
many  of  the  county  boards  have,  with  commendable  energy, 
provided  work  with  compensation  for  the  able-bodied  needy 
in  their  own  counties,  but  there  is  still  necessity  for  quick 
relief  to  be  extended  to  many  portions  of  the  State,  so  that 
all  her  people  may  be  comfortable  during  the  present  win- 
ter and  have  an  opportunity  to  seed  and  work  their  ground 
for  the  coming  harvest.  I  know  some  claim  the  legislative 
body  has  no  right  to  make  the  people  donate  to  the  needy 
and  that  such  work  should  be  left  to  individuals  who  are 
charitably  inclined,  but  every  government  is  in  duty  bound 
to  provide  at  public  expense  the  necessities  to  sustain  life 
to  its  own  needy  inhabitants,  and  especially  is  this  the  case 
when  the  needy  are  without  fault  on  their  part. 

IRRIGATION. 

After  dwelling  upon  the  success  of  irrigation  upon  small 
scales,  he  broached  the  bold  and  comprehensive  theory  of  Na- 
tional aid: 

The  great  water  ways  in  the  State  and  on  its  borders 
have  heretofore  in  early  spring  run  bankful  of  water.  In 
the  early  summer  they  have  joined  with  the  waters  of  the 
Mississippi  and  Ohio,  and  many  seasons  have  spread  devas- 
tation over  the  fertile  bottoms  of  Illinois.  Missouri,  Ken- 
tucky, Tennessee,  Arkansas,  Mississippi  and  Louisiana,  while 
the  vegetation  of  a  portion  of  Nebraska  was  in  many  places 
withering  and  drying  for  want  of  water.  The  government 
has  seen  fit  to  expend  millions  of  dollars  in  the  construc- 
tion and  maintenance  of  great  levees  to  protect  the  prop- 
erty and  lives  of  the  people  residing  along  the  rivers  in  the 
south.  Would  it  not  conserve  a  double  purpose  and  be  pro- 
ductive of  inestimable  good  to  both  sections  if  the  gov- 
ernment would  direct  its  efforts  towards  turning  the  waters 
of  the  western  tributaries  of  the  Mississippi  Eiver  into 
great  reservoirs  and  thence  into  irrigation  ditches  for  the 
development  of  sections  of  the  country  which  now  produce 
very    little? 

A  proper  sj'stem  of  irrigation  would  doubtless  make  the 
fertile  plains  of  Nebraska  and  similar  states  produce  an 
inexhaustible  supply  of  the  sweetest  vegetables  and  best 
cereals,  and  thus  by  spreading  the  water  in  the  springtime 
would  reclaim  the  great  river  bottoms  of  our  southern 
neighbors  and  make  them  kings  of  corn  and  cotton  coun- 
tries. 


SILAS  A.   HOLCOMB. 


STATE  GOVERNORS.  201) 

RAILROADS. 

Instead  of  denouncing  railroads  per  se,  or  urging  government 
control,  he  declared: 

It  is  an  erroneously  conceived  idea,  and  quite  prevalent, 
that  the  interests  of  the  railways  and  the  people  of  the 
State  are  inimical.  In  fact  the  success  of  each  lies  princi- 
pally in  the  prosperity  of  the  other. 

I  am  of  the  opinion  that  if  a  constitutional  amendment 
creating  a  board  of  railroad  commissioners,  with  ample 
power  in  the  premises,  could  be  submitted  to  the  people 
it  would  receive  their  approval  by  an  overwhelming  major- 
ity, and  I  believe  this  vexed  question  could  be  nearer  set- 
tled satisfactorily  in  that  than  in  any  other  manner. 

ELECTIVE  FRANCHISE. 

But  with  temporary  relief,  and  permanent  aid  for  irrigation, 
with  fair  and  ample  facilities  for  transportation,  he  urged  in- 
telligent economy  and  the  freest  exercise  of  the  elective  fran- 
chise as  the  great  conservator  of  human  freedom : 

It  is  your  duty  to  sacredly  guard  this  right  to  your  fel- 
low electors  and  to  reduce  to  the  absolute  minimum  any 
infringement  of  it.  Especially  does  it  seem  to  me  that  the 
employees  of  the  larger  corporations  should,  by  wise  legis- 
lation, have  such  protecting  care  thrown  about  them  that 
they  may  in  the  exercise  of  the  right  of  suffrage  act  with- 
out any  fear  whatsoever  from  the  displeasure  of  their  em- 
ployers, whose  political  convictions  may  be  different  from 
their  own. 

It  is  undenied  that  the  Australian  ballot  law  was  a  needed 
reform  and  has  done  much  toward  purifying  elections  in 
Nebraska,  but  I  am  confident  it  would  grant  a  privilege 
without  mischief  if  the  law  should  be  amended  by  you  so 
that  the  elector  can  designate,  where  it  is  possible,  his 
choice  of  candidates  and  at  the  same  time  express  by  his 
ballot  his  political  convictions. 

I  would  respectfully  suggest  that  each  political  party 
having  a  fair  percentage  of  the  vote  in  any  district  should 
have  representation  on  the  election  board,  and  that  not 
more  than  two  judges  should  be  selected  from  any  one  po- 
litical party. 

There  can  be  no  more  important  subject  for  the  careful 

consideration    of    lawmakers    than    the    protection    of    the 

purity   of   the   ballot,   and  I   would   most  respectfully  call 

your   attention  to   our  existing  election   laws   and  invite   a 

15 


210  NEBRASKA    STATE     HISTORICAL    SOCIETY. 

comparison  -with  those  of  other  slates,  to  the  end  thai 
amendments  may  l>e  made  rendering  bribery  and  undue  in- 
fluence  of  the  voter  more  nearly  impossible  and  facilitating 
the  more  rapid  and  accurate  counting  of  votes. 

If  the  legislature  and  he  himself  shall  be  so  fortunate  ns  to 
measure  up  to  his  standard  of  duty,  his  message  two  years  hence 
will  have  joyful  acceptance. 

Although  possessing  various  political  beliefs  we  as  legis- 
lators and  executive  should  have  but  one  great  object  in 
view — to  discharge  the  duties  incumbent  upon  us  in  a  good 
businesslike  manner  for  the  common  good  of  all.  Each  of 
you  as  a  legislator  has  been  elected  as  the  advocate  of  the 
principles  of  some  political  party,  but  today  you  represent 
all  the  people  of  your  district.  In  my  capacity  I  shall 
earnestly  endeavor  to  be  the  governor  of  all  the  people. 


CHAPTER  III. 
NEBRASKA  IN  THE  UNITED  STATES  SENATE. 

PRELIMINARY  HISTORICAL  SKETCH. 

The  territory  of  Nebraska  was  organized  by  act  of  congress 
May  30,  1854. 

January  11,  1860,  Nebraska  passed  an  act  to  submit  the  ques- 
tion of  railing  a  state  constitutional  convention  which  was  de- 
feated at  an  election  March  5,  1860. 

April  19,  1864,  congress  passed  an  act  to  enable  Nebraska  to 
submit  a  constitution  to  a  vote  of  the  people,  with  reference  to 
admission  as  a  state  of  the  Union,  and  the  legislature  framed 
and  submitted  such  an  instrument,  which  was  adopted  at  an 
election  June  2,  1866.  Thereupon  a  bill  for  her  admission  passed 
congress  July  27,  1866,  which  was  held  by  President  Johnson  and 
neither  signed  nor  returned  during  the  session.  January  16, 
1867,  another  bill  passed  and  was  vetoed  by  the  president  and 
passed  over  his  veto  on  the  9th  day  of  February,  1867. 

The  state  constitution  thus  placed  before  congress  provided 
for  the  exercise  of  suffrage  by  white  male  citizens  only,  but 
since  emancipation  had  taken  place  and  the  15th  amendment 
was  in  process  of  adoption,  an  injunction  was  placed  upon  us, 
requiring  that  before  admission  the  state  legislature  should 
agree,  in  behalf  of  the  people,  "that  there  shall  be  no  denial  of 
the  elective  franchise  to  any  person,  by  reason  of  race  or  color," 
in  the  State  of  Nebraska.  To  secure  this  pledge,  Governor 
Saunders  convened  the  territorial  legislature  on  the  20th  day 
of  February,  1867,  when  the  fundamental  condition  was 
adopted,  and  President  Johnson  issued  a  proclamation  March 
1,  1867,  declaring  Nebraska  a  state  in  the  Union. 

There  being  but  four  days  of  the  second  session  of  the  thirty- 

(211) 


I'll'  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

ninth  congress  remaining,  the  Hon.  T.  M.  Marquett,  having  been 
elected  as  member  of  the  expiring  congress,  took  the  oath  of 
oflice  as  the  first  member  of  congress  for  the  new  state.  Three 
days  thereafter,  on  March  4,  1867,  began  the  session  of  the 
fortieth  congress,  with  Gen.  J.  M.  Thayer  and  T.  W.  Tipton  as 
senators,  and  the  Hon.  John  Taffe  member  of  the  house  of 
representatives. 
The  following  extract  from  the  senate  journal  explains  itself: 

Mr.  Trumbull:  I  have  the  pleasure  of  presenting  to  the 
senate  the  credentials  of  the  Hon.  John  M.  Thayer  and  Hon. 
T.  W.  Tipton,  elected  senators  from  the  new  state  of  Ne- 
braska. I  ask  that  their  credentials  be  read  and  that  they 
be  sworn. 

The  President  pro  tempore:  The  senators  from  Ne- 
braska will  now  come  forward  and  be  qualified. 

The  senators  elect  were  conducted  to  the  desk  of  the 
president  pro  tempore  by  Mr.  Sumner  and  Mr.  Chandler,  and 
the  oaths  prescribed  by  law  having  been  administered  to 
Mr.  Thayer  and  Mr.  Tipton,  they  took  their  seats  in  the 
senate. 

Mr.  Trumbull:  I  offer  for  adoption  the  following  reso-' 
lution: 

Resolved,  That  the  senate  proceed  to  ascertain  the  classes 
•  in  which  the  senators  from  the  state  of  Nebraska  shall  be 
inserted  in  conformity  with  the  resolution  of  the  14th  of 
May,  1789,  and  as  the  constitution  requires,  and  that  the 
secretary  put  into  the  ballot  box  three  papers  of  equal  size, 
numbered  1,  2,  3.  Each  of  the  senators  from  Nebraska  shall 
draw  out  one  paper.  The  paper  numbered  1,  if  drawn,  shall 
entitle  the  senator  to  be  placed  in  the  class  of  senators 
whose  terms  of  service  will  expire  the  3rd  day  of  March, 
1869;  the  paper  numbered  2,  if  drawn,  shall  entitle  the  sen- 
ator to  be  placed  in  the  class  of  senators  whose  terms  of 
service  will  expire  the  3rd  day  of  March,  1871;  and  the 
paper  numbered  3,  if  drawn,  shall  entitle  the  senator  to 
be  placed  in  the  class  of  senators  whose  terms  of  service 
expire  the  3d  day  of  March,  1873. 

The  resolution  was  adopted. 

Three  papers  were  accordingly  put  into  the  ballot  box; 
the  senators  advanced  to  the  secretary's  desk  and  each  drew 
one  paper.  Mr.  Thayer  drew  the  paper  numbered  2,  and  was 
placed  in  the  class  of  senators  whose  terms  will  expire 
March  3d,   1871. 

Mr.  Tipton  drew  the  paper  numbered  1,  and  was  placed 
in  the  class  of  senators  whose  terms  will  expire  March  3d, 
1869. 


NEBRASKA  IN  THE  U.   S.    SENATE.  213 

Now  that  I  am  a  member  of  the  senate,  and  propose  some  of 
my  reminiscences  for  the  amusement  of  the  old,  and  instruction 
for  the  young,  I  shall  adopt  the  pronoun  "I,"  for  directness  and 
precision. 

And  I  here  pause  upon  the  threshold  and  contemplate  our  sur- 
roundings. 

I  find  Massachusetts  represented  by  Charles  Sumner  and 
Henry  Wilson.  The  former  well  read  in  the  law,  polished  in 
letters,  enjoying  a  world-famed  acquaintance,  and  distinguished 
as  the  champion  of  slave  emancipation.  The  latter,  the  John 
the  Baptist  of  the  toiling  masses  and  adorning  the  shoemak- 
er's bench  with  the  senator's  commission.  While  men  could 
admire  Sumner  for  his  persistency  and  acquirements,  they  could 
love  Wilson  for  his  success  and  nobility  of  soul. 

As  chairman  of  the  committee  on  foreign  relations  Sumner 
could  not  be  equaled,  and  the  great  success  of  the  military  com- 
mittee during  the  war  of  the  rebellion  was  a  feather  in  the  cap 
of  Henry  Wilson.  To  the  roll-call  of  Ohio  responded  Sherman 
and  Wade,  the  former  to  direct  the  finance  legislation,  with  an 
experience  dating  back  to  years  in  the  house  before  his  accession 
to  the  senate.  "Old  Ben  Wade"  seemed  retiring  from  business, 
since  there  were  no  bombs  to  be  cast  into  the  slave-holders' 
camps,  nor  demands  to  be  made  for  "rifles  for  two."  With 
Trumbull,  of  Illinois,  to  preside  over  the  judiciary  committee, 
having  as  his  associates  Edmunds,  Conkling,  Hendricks,  and 
Reverdy  Johnson,  the  legal  department  approximated  perfection. 

To  the  standard  of  Kentucky  rallied  James  Guthrie  and  Gar- 
ret Davis;  the  first-named  seventy-five  years  of  age,  a  flat-boat 
trader  to  New  Orleans,  a  college  student,  a  lawyer,  fifteen  years 
a  Kentucky  legislator  and  railroad  president,  and  secretary  of 
the  treasury  for  President  Pierce.  Mr.  Davis  was  in  his  sixty- 
sixth  year;  a  Kentucky  gentleman  of  the  old  school,  pure  in  life, 
the  soul  of  honor,  a  worshiper  of  Henry  Clay  and  the  peculiar 
institution  for  the  African's  good  and  the  safety  of  the  Anglo- 
Saxon.  If  a  stranger  in  the  gallery  asked  an  Indianian  to  point 
out  the  greatest  man  in  the  senate,  the  reply  would  be,  if  from 
a  democrat,  "Tom  Hendricks,  of  course";  while  the  republican 


•_' 1  I  NEBRASKA    STATE    BISTORICAL    SOCIETY. 

retorted,  "When  you  muster  your  war  governors  we  enter  Oliver 
P.  Morton."  Rhode  Island  was  represented  by  William  Sprague 
and  Henry  B.  Anthony;  the  former  a  governor  at  30  years  of 
age  a  senator  at  32,  and  subsequently  known  as  the  husband 
of  -Miss  Kate  ( 'base. 

The  newer  states  were  represented  by  comparatively  new 
men,  including  reconstructed  Tennessee.  Among  them  Nye  of 
Nevada  was  the  general  champion,  the  amusing  orator,  the 
bishop  in  Biblical  quotations,  and  amidst  the  clinking  of  glasses, 
the  festive  inspirer.  But  as  my  intention  is  not  to  furnish  a 
biography  of  the  senate,  I  must  pass  over  many  of  the  fifty-four 
senators,  equally  worthy  of  mention,  for  during  the  war  the 
states  were  admonished  to  place  only  on  guard  "the  tried  and 
the  true." 

Never  was  a  body  of  men  better  acquainted  with  a  system  of 
legislation,  for  under  their  scrutiny  and  moulding  influences  the 
legal  superstructure  had  arisen. 

The  war  just  ended  had  demanded  a  new  currency  and  a  sys- 
tem of  revenue,  and  "war  legislation"  and  constitutional  modi- 
fications, and  centralization  of  power  and  the  fostering  of  the 
dominant  political  party  by  congressional  enactments.  Of  the 
fifty-four  senators  seven  had  been  elected  as  democrats  and 
forty-seven  as  republicans;  but  of  the  latter  many  had  been 
before  the  war  democrats  on  the  subjects  of  tariffs,  and  the 
construction  of  the  constitution,  and  others  had  been  whigs, 
agreeing  with  them  as  to  the  true  doctrines  of  state  rights.  It 
was  evident,  therefore,  that  as  soon  as  the  government  should 
be  prepared  to  return  to  a  peace  basis  again,  unless  the  return 
was  unanimously  conceded,  some  republican  methods  would  be 
repudiated  and  old  cherished  doctrines  revived  and  made  prom- 
inent. This  defection  had  already  commenced,  and  Dixon  of 
Connecticut,  Norton  of  Minnesota,  and  Doolittle  of  Wisconsin, 
were  frequently  joined  with  the  opposition. 

But  the  most  conspicuous  opponent  of  radical  republicanism. 
during  the  fortieth  congress  and  subsequently,  was  Andrew 
Johnson,  president  of  the  United  States.  Mr.  Johnson  had  been 
a  lifelong  democrat,  a  devoted  union  man,  of  a  very  combative 


NEBRASKA   IN   THE  D.   S.    SENATE.  215 

nature,  and  of  most  uncompromising  individuality.  In  his 
youth  he  had  never  gone  to  school,  and  yet  he  acquired  a  fair 
English  education.  At  seventeen  years  of  age  we  find  him  a 
tailor  by  occupation;  at  twenty  the  Mayor  of  Greenville,  Tenn.; 
at  twenty-seven  in  the  legislature  of  the  State,  and  at  thirty- 
three  in  the  State  senate.  He  was  in  congress  ten  years,  begin 
ning  in  1843,  and  twice  elected  governor  prior  to  1857  in  which 
year  he  was  elected  to  the  United  States  senate. 

Amidst  the  fury  of  the  rebellion  he  left  the  senate  to  become 
military  governor  of  his  state,  and  received  the  nomination  for 
vice-president  in  1864.  Mr.  Lincoln  had  been  assassinated  April 
14,  1865,  and  Mr.  Johnson  sworn  into  office  on  the  15th  of  the 
same  month,  only  six  days  from  the  date  of  General  Lee's  sur- 
render to  General  Grant. 

On  the  26th  of  May,  1865,  the  last  army  of  the  confederacy 

V     7  7  t/  t/ 

having  surrendered,  and  congress  not  being  in  session,  Mr. 
Johnson  began  the  work  of  reconstructing  the  rebel  states,  ac- 
cording to  what  was  known  as  (his)  "My  Policy";  and  which 
gave  ex-rebels  an  opportunity  of  controlling  completely  the 
legal  white  element  and  freemen.  Congress  claimed  the  power 
over  the  whole  territory  subdued  bv  war,  and  stood  ready  to 
comply  with  the  4th  article  of  the  constitution  which  declares 
that  "The  United  States  shall  guarantee  to  every  state  in  this 
Union  a  republican  form  of  government." 

When,  therefore  that  body  assembled  in  the  next  session, 
the  struggle  began  in  earnest  between  the  president  and  con- 
gress. On  the  second  of  March,  1867,  an  act  wras  passed  for 
the  "■reorganization  of  civil  government  in  the  ten  rebel  states," 
and  another  to  "govern  the  tenure  of  civil  office,"  both  of  which 
were  promptly  vetoed  by  the  president,  and  as  promptly  passed 
over  the  veto.  Thus  stood  the  question  on  the  day  of  our  ad- 
mission to  the  senate. 

As  General  Thayer  had  made  an  honorable  record  in  the  army 
and  had  experience  in  Indian  affairs,  it  was  very  proper  that  he 
should  be  assigned  to  duty  on  the  military  and  Indian  affairs 
committees,  while  he  also  secured  an  assignment  to  that  of 
patents. 


21  <i  NEBRASKA    STATE     HISTORICAL    SOCIETY. 


SENATOR  T.  W.  TIPTON. 

1867-1S75. 

Thomas  W.  Tipton  was  born  upon  a  farm,  near  Cadiz,  Har- 
rison County,  Ohio,  August  5th,  1817.  His  father,  Rev.  William 
Tipton,  was,  during  fifty  years,  minister  of  the  M.  E.  Church. 
His  parents  were  pioneers  to  Ohio,  from  Huntington  County, 
Pennsylvania.  He  attended  common  school  during  winter- 
seasons,  more  or  less  interrupted  by  farm  work  until  seventeen 
years  of  age.  Subsequent  to  his  eighteenth  year  he  spent  one 
year  in  a  select  school  in  Waynesburgh,  Pa.,  two  years  in  Alle- 
gheny College  at  Meadsville,  and  two  years  in  Madison  College 
at  Uniontown,  Fayette  County,  Pa.,  and  graduated  in  Septem- 
ber, 1840,  delivering  the  valedictory. 

Before  graduation,  as  a  representative  of  a  college  society,  he 
utterly  refused  to  appear  in  a  joint  debate,  unless  the  faculty 
would  allow  him  to  argue  against  the  "'utility  and  policy',  of 
the  established  devotion  to  the  "dead  languages,"  in  the  usual 
course  of  study.  In  this  he  displayed  that  trait  of  character, 
"the  courage  of  his  convictions,''  which  stamped  his  personality 
during  life  and  led  him  to  change  church  relations  and  political 
associations  in  accordance  with  increased  experience  and 
investigation. 

Leaving  college  and  returning  to  Ohio  for  a  time,  he  engaged 
in  teaching  and  reading  law,  being  admitted  to  the  bar  in  1844. 

CAREER    IN    POLITICS. 

Though  a  Whig,  he  was  not  able  to  vote  for  Gen.  Harrison  in 
1840,  having  lost  his  residence  in  Ohio,  while  a  student  in 
Pennsylvania.  In  1844  he  delivered  fifty  speeches  for  Henry 
Clay;  in  1848  seventy-five  for  Gen.  Taylor;  in  1852,  resigned  a 
clerkship  in  the  General  Land  Office  in  Washington,  D.  C,  and 
gave  four  months  to  the  campaign  for  Gen.  Scott;  in  1856  ad- 


NEBRASKA  IN  THE  U.  S.  SENATE.  217 

vocated  Gen.  Fremont  as  the  first  Republican  candidate;  in 
1860,  being-  in  the  Territory  of  Nebraska,  could  not  vote  for  Mr. 
Lincoln,  nor  yet  in  1864;  in  1868  voted  for  General  Grant;  in 
1872  for  Horace  Greeley,  and  canvassed  extensively  in  the 
states  of  Nebraska  and  North  Carolina;  in  1876  canvassed  in 
New  York  and  Indiana  for  Mr.  Tilden,  and  in  1S80  in  Illinois 
for  Gen.  Hancock,  and  in  the  same  year  was  candidate  for  Gov- 
ernor of  Nebraska  and  in  1884  worked  and  voted  for  Grover 
Cleveland. 

In  1845  Mr.  Tipton,  then  28  years  of  age,  was  elected  to  the 
Ohio  House  of  Representatives.  In  1860  was  a  member  of  the 
territorial  council  of  Nebraska,  which  answered  to  the  state 
senate.  In  1866  was  elected  to  the  United  States  Senate  by  the 
legislature  of  Nebraska  and  re-elected  in  1869.  In  1885  was  com- 
missioned Receiver  of  the  United  States  Land  Office  at  Bloom- 
ington,  Nebraska. 

From  the  above  it  appears  that  he  cast  his  presidential  votes 
for  three  Whig,  two  Republican,  and  four  Democratic  candi- 
dates, Mr.  Greeley  being  an  independent  Republican  endorsed 
by  the  Democratic  party. 

During  his  connection  with  the  General  Land  Office  in  1850, 
an  opportunity  for  self-assertion  and  vindication  drew  from  the 
young  subordinate  an  emphatic  refusal  to  answer  questions  rela- 
tive to  the  conduct  of  a  fellow-clerk  who  had  fallen  under  the 
displeasure  of  the  Honorable  Secretary  of  Interior. 

Hon.  Secy,  of  Interior — Dear  Sir:  Before  I  could  answer 
your  interrogatories  I  would  have  to  sink  the  dignity  of 
the  man  in  the  subserviency  of  the  slave.     Kespectfully, 

T.  W.   Tiptox. 

CHURCH    RELATION. 

At  a  time  when  slavery  was  making  its  last  desperate  stand 
against  freedom  in  the  territories,  and  blood  was  freely  flowing 
in  Kansas,  he  made  an  effort  to  lay  aside  his  political  armor 
and  enter  the  M.  E.  pulpit.  Being  then  in  his  38th  year,  a  public 
speaker  of  much  experience,  allowing  no  man  to  think  or  act  in 
his  stead,  he  soon  found  what  an  utter  failure  he  must  become 


218  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

in  attempting  to  submit  to  the  surveillance  of  presiding  elders, 
or  in  approving  the  manipulating  strategy  of  the  episcopacy  in 
ministerial  assignments. 

Soon,  therefore,  wheu  called  on  to  explain  the  mode  of  ad- 
ministration over  his  charge,  and  requested  to  be  silent  on  the 
current  topic  of  the  times,  his  answer  to  the  former  question 
was:  "My  official  members  do  as  they  please  and  I  sustain  them, 
and  I  do  as  I  please  and  they  sustain  me."  And  to  the  latter: 
"I  could  not  promise  that  to  my  father  in  his  shroud."  To  a 
congregation  he  said:  "While  I  occupy  this  desk  you  will  have  a 
free  preacher,  and  all  my  words  shall  be  free  speech,  and  when 
you  can  no  longer  endure  it,  you  may  install  a  slave  in  my  stead, 
and  substitute  for  the  Bible  the  Books  of  Mormon  or  Koran  of 
Mohammed." 

While  between  him  and  his  people  there  was  the  most  perfect 
accord,  he  deemed  it  prudent  to  decline  orders,  and  requested 
the  Conference  to  make  up  the  record,  "Discontinued  at  his 
own  request,"  and  at  once  adopted  the  democracy  of  the  Con- 
gregational church  government. 

Coming  to  Nebraska  in  1858,  and  elected  president  of  Brown 
ville  College,  an  institution  on  paper,  he  organized  a  Congrega- 
tional society  of  sixteen  members,  out  of  new  and  old  school 
Presbyterians,  Baptists,  Methodists  and  Congregationalists, 
which  was  dissolved  by  mutual  consent  when  the  war  of  1861-4 
unsettled  residences  on  the  border.  Eligible  to  a  chaplaincy,  he 
entered  the  1st  Nebraska  Infantry  in  18G1  and  was  mustered  out 
of  Veteran  Cavalry  in  1865,  and  on  the  same  day  was  appointed 
United  States  Assessor  of  Internal  Revenue  by  President 
Johnson. 

During  the  war  he  was  often  in  charge  of  subsistence  and 
transportation  for  loyal  refugees  within  the  Union  lines,  and  of 
applications  for  military  emancipation  of  slaves. 

<>n  the  13th  of  February,  1864,  at  Batesville,  Arkansas,  Mr. 
Tipton  addressed  the  Free  State  Convention  ordered  by  Mr. 
Lincoln. 

Chaplain  Tipton   was  mustered  out  of  service  in  July,  1865, 


NEBRASKA  IN  THE  U.  S.  SENATE.  219 

and  on  the  same  dav  commissioned  bv  President  Johnson  as 
Assessor  of  Internal  Revenue  for  Nebraska.  He  championed 
the  cause  of  immediate  state  organization  in  the  political  cam- 
paigns that  followed,  and  when  the  state  constitution  was 
adopted  and  the  legislature  met  in  special  session  on  July  4, 
1866,  he  and  Gen.  John  M.  Thayer  were  made  the  nominees  of 
the  republican  party  for  the  two  United  States  senatorships. 
The  journal  of  the  joint  session  held  on  July  11,  1866,  shows 
that  a  motion  to  proceed  to  election  of  U.  S.  senator  for  South 
Platte  having  carried,  the  first  ballot  resulted:  T.  W.  Tipton,  29 
votes;  J.  Sterling  Morton,  21  votes.  A  motion  prevailing  to 
proceed  to  election  of  U.  S.  senator  for  North  Platte,  the  first 
ballot  resulted:  John  M.  Thayer.  29  votes;  Andrew  J.  Poppleton, 
21  votes.  SO  Nebraska  came  into  the  Union  with  two  republican 
United  States  senators. 

PEABODY    MEDAL. 

On  the  second  day  of  the  senate  session,  the  following  March, 
before  the  organization  of  the  senate  was  completed,  Mr.  Sum- 
ner presented  resolution  No.  1.  "Tendering  the  thanks  of  con- 
gress to  George  Peabody,  with  a  gold  medal,  for  having  donated 
large  sums  of  money  to  states  and  corporations  for  educational 
purposes."  During  the  day  he  called  it  up  and  asked  its  immed- 
iate passage,  which  was  objected  to  because  it  had  not  been  to 
a  committee,  and  there  was  no  evidence  before  the  senate  on 
which  the  case  was  founded. 

On  the  fourth  day  of  the  session  Mr.  Sumner  delivered  a 
speech,  highly  eulogistic  of  the  donor,  who  had  been  in  Massa- 
chusetts, lived  in  Baltimore  and  made  most  of  his  immense 
fortune  by  banking  iu  London.  In  this  he  was  followed  by 
Johnson  of  Maryland,  one  of  the  ablest  democrats  of  the  nation. 

Mr.  Tipton  was  well  aware  that  an  opinion  obtained,  that  a 
new  senator  should  "sit  at  the  feet  of  (JamaHoU  during  a  pro- 
bation and  not  dare  to  dissent  from  the  great  leaders  on  the  or- 
dinary (juestions;  but  in  the  case  before  the  body  he  saw  plainly 
a  tendency  to  discriminate  between  private  citizens,  and  to  be- 


220  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

stow  honors  and  medals  where  wealth  was  able  to  purchase,  and 
he  further  believed  that  no  jurisdiction  should  be  taken  by  con- 
gress over  any  subject  that  was  not  national;  and  that  the 
money  from  the  treasury  should  never  be  taken  and  bestowed 
as  gifts  upon  favorites.  Up  to  this  time  he  had  not  yet  voted, 
and  much  as  he  desired  to  observe  a  modest  silence,  and  acquire 
a  knowledge  of  rules  and  precedents  before  appearing  before 
his  superiors  in  parliamentary  knowledge  and  legislative  ex- 
perience, yet  he  could  not  consent  to  cast  a  silent  vote  and  sub- 
mit to  an  unfair  criticism.  Besides,  Nebraska  had  not  yet 
spoken  in  that  august  presence,  and  it  was  of  the  first  moment 
that  her  representative  should  not  place  her  in  a  false  position. 

NEBRASKA'S  FIRST  SPEECH. 

His  impromptu  speech  was  as  follows: 

Mb.  Tipton:  It  is  not  astonishing-,  Mr.  President,  that  I 
should  be  solicitous  in  regard  to  the  manner  in  which  I 
should  cast  my  first  vote  in  this  body.  I  acknowledge  that 
solicitude  on  this  occasion,  and  regret  exceedingly  that  I 
feel  impelled  to  say  anything  on  this  question  at  this  time. 
Before  I  could  vote  for  this  resolution  I  should  desire  to 
understand  most  emphatically  the  position  that  was  occu- 
pied by  the  donor  during  the  time  of  our  recent  struggle 
for  national  existence.  I  am  inclined,  however,  because  of 
the  source  whence  this  resolution  comes,  to  infer  that  all 
was  right  in  that  behalf;  but  I  ask  for  no  enlightenment  on 
that  point,  because  I  am  against  the  adoption  of  this  reso- 
1  ion,  not  on  account  of  any  consultation  with  any  member 
of  this  body,  but  from  principle. 

If  I  need  any  justification  for  my  course  on  this  occasion 
I  desire  it  to  be  understood  that,  if  I  am  the  representative 
of  any  body  on  the  floor  of  this  senate,  I  am  the  representa- 
tive of  an  humble  constituency;  with  such  a  constituency 
on  the  frontier  I  have  been  and  shall  hereafter  be  identi- 
fied; and  when  I  know  positively  that  I  have  constituents  of 
as  pure  intentions  in  behalf  of  education  and  science  and 
art  as  the  grantor  of  this  charity  can  be,  and  when  I  re- 
member that  some  of  them  have  done  all  that  men  could 
do  in  a  private  capacity,  and  when  I  see  this  gentleman 
making  a  munificent  grant  in  a  private  capacity,  I  can  not 
consent  to  shower  on  him  the  thanks  and  honors  of  the 
senate  when  T  am  not  able  to  vote  to  the  humblest  of  my 


NEBRASKA  IN  THE  U.   S.    SENATE.  22i 

constituency  who  have  done  equally  well,  having  done  what 
they  were  able  to  do;   and  he  has  done  no  more. 

I  hope  now  that  on  that  subject  I  am  understood,  and  will 
be  understood  hereafter  in  all  my  future  actions  as  a  mem- 
ber of  this  body.  So  far  as  the  munificence  of  this  grant, 
as  regards  the  amount  is  concerned,  I  concede  it.  Other 
wealthy  men  of  our  country  have  granted  by  thousands  and 
tens  of  thousands,  for  educational  purposes;  and  they  have 
received  the  thanks  of  the  corporations,  and  the  thanks  of 
states,  and  they  will  receive  them  again.  If  this  grant  had 
been  for  educational  purposes  in  Nebraska  I  should  not 
have  come  for  a  national  endorsement  for  the  grantor,  but 
should  have  secured  that  from  the  recipients  of  the  charity, 
from  my  own  constituency  in  Nebraska. 

-:«■  *  *  *  *  *  -x- 

If  this  were  a  national  gift,  if  it  stood  on  the  basis  of  the 
Smithsonian  grant,  I  would,  as  a  matter  of  course,  be  will- 
ing to  vote  the  thanks  of  congress  of  the  United  States; 
but  it  stands  on  no  national  position  whatever  and  there- 
fore that  can  not  be  claimed  for  it.  In  making  this  grant 
the  donor,  I  understand,  declared  that  he  did  it  as  a  duty. 
If  it  is  done  as  a  Christian  charity,  as  a  Christian  duty,  he 
has  his  reward  hereafter,  and  the  consciousness  of  it  here, 
and  I  am  not  disposed  to  doubt  the  ability  of  the  Almighty 
to  reward  him  to  the  utmost,  and  I  do  not  suppose  it  is  nec- 
essary for  me  to  help  the  Deity  out  by  granting  a  gold 
medal  here.  I  prefer  to  leave  him  to  his  golden  reward 
hereafter.  I  think  he  also  says  he  regards  it  as  a  privilege 
to  make  this  gift.  Sir,  it  is  a  privilege,  a  privilege  that  few 
men  will  ever  have;  and  the  benefits  of  the  privilege  are 
great— distinction  among  men  here,  honor  after  death,  for 
having  granted  so  much  for  so  great  a  charity. 
•  With  this  view  of  the  question,  impelled  to  it  from  a 
sense  of  duty,  I  cannot  and  will  not  make  any  distinction 
between  the  giver  of  a  dollar  and  the  giver  of  a  thousand, 
and  the  giver  of  a  million,  when  each  in  his  sphere  and  in 
his  capacity  has  done  all  that  it  was  possible  for  him  to  do 
in  behalf  of  education,  science  and  general  literature. 

On  the  final  passage  of  the  resolution  the  only  votes  in  the 
negative  were  those  of  Grimes  of  Iowa  and  Tipton  of  Nebraska. 

DEMOCRATIC   UTTERANCE. 

Eight  days  from  this  date  Mr.  Tipton  showed  his  willingness 
to  stand  by  a  democratic  utterance  and  as  promptly  to  retort  a 
republican  sarcasm,  while  he  forecast  radical  sentiments  intensi- 


22'2  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

tied  by  four  years  with  the  army.  The  question  before  the  senate 
was,  whether  more  than  a  majority  of  the  registered  votes 
should  be  required  to  readmit  a  rebel  state. 

Mi:.  Tipton:  I  have  this  to  say:  that  the  more  this  ques- 
tion is  discussed  the  more  I  feel  an  interest  in  it,  and  the 
senator  from  Indiana  (Mr.  Hendricks)  spoke  the  demo- 
cratic truth  when  he  said  that  such  a  rule  as  that  now  pro- 
posed, so  subversive  of  the  principles  of  democracy,  would 
have  kept  a  recent  state  out  of  the  Union.  That  is  true 
You  have  never  required  it  of  the  people  of  a  territory. 
I  represent  a  people  who  were  permitted  to  come  here,  in 
case  they  could  show  a  majority  in  favor  of  a  state  organ- 
ization, and  I  will  not  therefore  under  any  circumstances 
cast  a  vote  by  which  some  other  constituency  shall  not 
come  here  by  a  single  one  of  a  majority.  This  is  my  democ- 
racy on  a  question  of  this  kind. 

The  conclusion  of  his  remarks  was  as  follows: 

Sii-.  we  went  to  a  loyal  minority  when  we  went  with  our 
arms  in  our  hands  to  release  them;  and  I  propose  to  go  to 
that  loyal  minority  now,  and  a  majority  perhaps  that  would 
be  willing  to  give  as  good  attention  to  the  poor  remarks  I 
should  make  as  many  of  the  senators  here  just  at  this  pres- 
ent speaking. 

I  go  to  that  loyal  minority,  and  I  say  a  majority  of  them, 
so  help  me  God,  shall  control  the  destiny  of  the  south,  and 
the  destiny  of  the  rebels  of  the  south.  For  four  years  we 
have  done  without  the  representatives  of  disloyalty  in  this 
chamber;  for  four  years  more  we  can  do  without  the  dis- 
loyal in  organizing  states  at  the  south;  and  loyal  white  men 
and  loyal  black  men  will  come  to  our  aid  in  this  matter.    • 

I  am  not  willing  that  the  disloyal,  by  any  classification 
or  any  mathematical  calculation,  shall  be  permitted  to  stay 
at  home  and  assist  in  defeating  the  loyal  men  of  the  north. 
This  may  be  called  spurious  morality  and  philanthropy.  I 
would  suggest  for  the  benefit  of  the  senator  from  the  state 
of  New  York  (Mr.  Conkling)  that  when  he  goes  on  a  ped- 
dling mission  with  his  "fine-toothed  combs"  he  may  find  as 
much  necessity  for  them  in  the  purlieus  of  the  city  of  New 
York  as  in  the  humblest  freedman's  cabin  in  the  whole 
state   of  South  Carolina. 

CAUCUS    RULE. 

The  senate  convened  on  the  3rd  of  July,   1807,   having'   ad- 
journed from  March  30,  in  order  to  supervise  the  actions  of  the 


NEBRASKA  IN  THE  U.  S.  SENATE.  223 

president  on  the  question  of  reconstruction  of  the  states  lately 
in  rebellion.  At  that  time  an  Indian  war  was  desolating  wes- 
tern Kansas  and  Nebraska,  and  a  portion  of  the  senators  had 
as  much  denunciation  for  our  frontier  settlers  as  for  the  mur- 
derous savages.  But  others  than  senators  from  the  West  ad- 
mitted the  importance  of  the  crisis.  Still  there  was  an  indis- 
position to  act  in  our  behalf,  and  a  resolution  was  passed  in 
caucus  and  offered  in  open  senate  to  exclude  action  on  all  sub- 
jects at  that  session,  excepting  reconstruction.  The  omnipo- 
tence of  the  caucus  was  asserted  b\  one  senator  as  follows:  "No 
senator  can  be  superior  to  the  decrees  of  caucus,"  and  it  was 
charged  that  men  of  honor  must  abide  its  decisions.  To  this 
replied  Mr.  Tipton: 

Before  the  vote  is  taken,  at  whatever  expense  to  myself 
in  the  opinion  of  the  senate,  I  have  a  word  to  say.  The  sen- 
ator from  Maine  asserts,  as  I  understand,  that  he  is  warned 
in  regard  to  future  actions  with  men  who  differ  in  regard 
to  what  is  honorable  on  a  question  of  this  kind.  I  was  a 
member  of  that  caucus.  When  my  colleague  in  that  caucus 
suggested  that  if  we  passed  the  resolution  we  might  be 
precluded,  possibly,  from  doing  something,  if  an  oppor- 
tunity should  offer,  in  behalf  of  our  suffering  frontier  citi- 
zens and  those  of  Kansas,  I,  taking  that  view  of  the  ques- 
tion, from  that  moment  voted  against  the  resolution. 

After  voting  against  it  in  the  caucus,  I  came  into  the  sen- 
ate. The  senator  from  Kansas  notifies  the  senate  by  a 
proclamation  from  the  governor  that  the  glorious  little 
state  calls  upon  her  citizens,  who  cannot  give  amine  pro- 
tection to  her  own  citizens,  to  go  and  help  the  government 
protect  the  United  States  property — the  Union  Pacific  Rail- 
road. Seeing  the  conditions  of  things  there  in  a  more  pre- 
carious light  than  I  did  see  them  day  before  yesterday  in 
the  caucuses,  I  felt  that  under  these  circumstances  I  would 
not  be  true  to  my  constituents  and  my  state  were  I  to  al- 
low the  behests  of  any  body,  any  organization,  to  cause  me 
now  to  step  aside  from  Kansas  and  her  troubles,  and  Ne- 
braska and  her  troubles,  and  say  we  will  not  entertain  a 
proposition  in  your  behalf.  I  should  not  be  a  man  of  honor 
if  I  permitted  myself  to  act  thus,  and  I  say  no  senator  here 
could  claim  that  he  acted  honorably  if  he  had  gone  back 
upon  his  constituency  under  these  circumstances.  I  am 
very  free  to  hear  from  any  senator  that  he  disapproves  of 
my  course,  and  says  I  am  not  bound  by  as  high  a  principle 


--  I  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

of  honor  as  ever  animated  his  breast,  when  with  that  ad- 
ditional notification  from  Kansas,  I  say  here,  neither  caucus, 
nor  senator,  nor  power,  shall  prevent  me  from  introducing 
;i  measure,  if  necessary,  for  my  own  state.  Charged  dis- 
tinctly with  that,  I  part  hands  with  any  man,  and  all  men, 
willingly. 

His  colleague,  Gen.  Thayer,  being  on  the  Indian  committee, 
was  amply  able  to  present  the  question  of  relief  with  zeal  and 
intelligence,  and  favored  a  removal  of  the  predatory  savages 
beyond  the  limits  of  Union  Pacific  Railroads;  and  the  organiza- 
tion of  frontier  settlers  into  a  military  force  for  local  protec- 
tion. Exasperated  with  the  sentiments  of  the  East  and  in- 
sulted with  the  assumptions  of  the  caucus,  Mr.  Tipton  was  in 
no  humor  to  mince  matters,  and  hence  found  the  outside  limit 
of  parliamentary  etiquette  in  the  subjoined  remarks: 

PREMIUM   ON   SCALPS. 

I  have  all  faith  in  the  secretary  of  war,  and  all  faith 
in  the  chairman  of  the  military  committee  of  the  senate, 
as  to  their  good  and  kind  intentions  toward  us  on  the 
frontier;  and  yet  I  do  not  believe  that  our  present  system 
of  warfare  is  worth  anything;  and  I  mean  more  than  is 
couched  in  that  word  "anything"  when  I  utter  it.  It  has 
done  nothing  for  us  on  the  frontier.  For  the  last  three 
years  our  people  have  been  slaughtered  every  day,  and  this 
day,  as  it  is  now  about  the  hour  of  half  past  one  o'clock, 
undoubtedly  has  had  its  victims   also. 

If  I  could  wield  the  legislative  power  of  this  Nation  to-day, 
I  would  so  remodel  the  whole  system,  that  I  would  make 
it  a  high  crime  for  a  regular  army  officer  to  cross  the  Mis- 
souri River  for  the  next  twelve  months;  I  would  offer  a 
premium  for  savage  scalps;  I  would  enlist  the  men  of  the 
frontier;  I  would  appoint  as  commanders  of  that  army  the 
men  who  understand  Indian  warfare,  if  it  is  to  be  under- 
stood at  all. 

Our  present  system  is  inefficient.  We  never  have  success- 
fully combatted  with  savages.  We  may  worry  them  out  by 
the  power  of  this  Nation;  but  we  want  an  experiment  at 
relief  of  some  kind.  And  now  leaving  the  balance  that  I 
ought  not  to  say,  for  probably  I  should  not  have  said  what 
1  have  said  in  this  latitude, — it  is  true,  however, —  I  yield 
to  my  colleague. 


NEBRASKA  IN  THE  U.   S.    SENATE.  225 

REPLY   TO   SENATOR   WILSON. 

Immediately  the  chairman  of  the  military  committee  entered 
his  protest  against  the  sentiments  of  the  senator  from  Nebraska, 
as  in  his  opinion  equally  as  far  from  Christian  civilization  as  say- 
age  warfare.    To  which  Mr.  Tipton  replied: 

The  senator  from  Massachusetts  understands  me  in  this: 
that  so  far  as  tribes  will  be  bound  by  treaty  stipulations, 
we  will  act  in  the  utmost  fairness  with  them.  The  mur- 
derous, tribes  now  plundering-  and  desolating-  our  frontier 
will  be  bound  by  no  treaty.  They  have  no  faith  to  keep 
with  us.  They  cannot  be  intimidated  but  by  an  exhibition 
of  power.  You  cannot  speak  to  them  about  the  inhumani- 
ties of  life.  You  cannot  utter  to  them  one  single  word 
of  Christian  civilization.  All  is  powerless  but  an  exhibition 
of  power  on  the  part  of  the  government.  Until  you  can 
cause  them  to  fear  and  tremble  in  your  presence;  until 
They  understand  that  you  will  deal  with  them  just  as  they 
are  dealing  with  you,  you  cannot  save  the  lives  of  your 
women  and  children;  and  when  it  comes  to  that  I  would 
authorize  war  upon  these  savages  that  cannot  be  ap- 
proached. I  would  save  the  lives  of  our  Christian  women. 
God  help  the  country,  and  the  reputation  of  the  country, 
when  a  senator  is  to  stand  in  his  place  here  and  dare  not 
be  permitted  to  talk  of  the  massacres,  and  worse  than  mas- 
sacres of  the  women  of  his  constituency,  and  not  also  to 
talk  about  premiums  on  savage  Indian  scalps. 

I  trust  I  understand  the  amenities  of  Christian  society. 
I  trust  I  understand  something-  of  Christian  civilization. 
Y\  ny,  certainly  the  light  of  Massachusetts  has  visited  us 
long  since  upon  that  subject,  and  we  are  trying  to  practice 
puritanism  as  best  we  may  be  able  to  apply  it  to  practice 
even  in  the  very  far  West. 

Our  people  are  in  their  cabins  today;  they  are  in  their 
dirt-covered  hovels  today,  and  they  are  looking  from  their 
loop-holes  for  some  relief,  and  therefore  I  stand  here 
proudly  to  vindicate  the  doctrine,  with  regard  to  those 
Indians  who  can  hold  no  faith  with  you — premiums,  any- 
thing, paid  in  gold   for  those  savage   scalps. 

Such  was  the  condition  of  affairs  in  the  West  in  June,  1867, 

that  General  Sherman  said,  writing  from  Fort  McPherson,  Neb., 

to  the  secretary  of  war:   "Fifty  hostile  Indians  will  checkmate 

three  thousand  soldiers."    He  said  in  an  order:    "We  must  act 

16 


226  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

with  vindictive  earnestness  against  the  Sioux,  even  to  their  ex- 
termination." The  result  in  congress  was  a  commission  ordered 
to  attempt  a  treaty. 

In  the  foregoing  and  a  few  other  casual  utterances  counter  to 
popular  prejudice,  and  discarding  mere  conciliatory  policy,  ap- 
peared the  senator  from  Nebraska,  upon  the  skirmish  line  of 
parliamentary  discussion,  at  the  end  of  the  first  session  of  the 
40th  Congress. 

This  session  was  the  most  peculiar  of  any  that  had  ever  pre- 
ceded it,  inasmuch  as  it  kept  in  perpetual  session,  by  an  adjourn- 
ment from  time  to  time.  Meeting  on  March  4th,  1867,  and  on  the 
30th  of  the  same  month  adjourning  until  the  3rd  of  July  and  on 
the  20th  of  July  adjourning  to  the  21st  of  November  and  con- 
tinuing  to  December  2nd,  being  the  first  day  of  the  second 
session.  The  object  being  that  no  harm  should  come  to  the  re- 
public during  a  recess,  from  aggressive  acts  of  President  John- 
son. 

president  Johnson's  mode  of  reconstruction. 

The  basis  on  which  he  attempted  to  reorganize  the  rebel  stales 
provided  that  the  persons  taking  part  therein  should  have  taken 
an  oath  of  allegiance  to  the  United  States,  according  to  his 
amnesty  proclamation,  and  were  qualified  as  voters  according  to 
the  laws  of  the  state  before  secession.  And  the  convention  or 
legislature  should  have  power  to  "prescribe  qualifications  of 
electors  and  the  eligibility  of  persons  to  hold  office." 

This  left  it  possible  for  the  rebels  then  in  power  to  perpetuate 
i  liemselves  in  office,  through  the  formality  of  a  convention  and  a 
new  election,  unless  they  were  ruled  out  by  the  14th  amendment 
to  the  Constitution  of  the  United  States.  Once  in  power  again, 
the  Freedinen  were  at  their  mercy,  as  to  the  elective  franchise. 
As  a  result  of  this  mode  of  reconstruction,  senators  and  repre- 
sentatives for  Congress  were  mostly  taken  from  a  class  of  men 
who  had  held  office  under  the  Confederacy;  from  those  also  who 
had  abandoned  seats  in  the  Congress  of  the  United  States  to  levy 
war  against  the  government,  while  legislative  and  state  officers 


NEBRASKA  IN  THE  U.  S.  SENATE.  227 

were  mostly  taken  from  the  ranks  of  the  army  of  the  Confed- 
eracy. 

Persons  of  that  class  could  not  take  the  test  oath,  and  hence 
could  not  have  been  admitted  at  Washington,  even  if  the  recon 
structed  states  were  approved.  Having  appointed  governors  at 
his  pleasure,  and  settled  the  amounts  of  their  salaries,  and  hav- 
ing declared  peace  and  recognized  states,  he  went  so  far  as  to 
assign  Agricultural  College  scrip  to  North  Carolina,  assuming 
functions  belonging  to  Congress.  And  yet  the  President  had 
held  very  different  views  on  rebels  coming  to  the  front  in  recon- 
struction.   At  Nashville,  Tennessee,  June  9,  1864,  he  said: 

I  say  that  traitors  should  take  a  back  seat  in  the  work 
of  reconstruction.  If  there  be  but  5,000  men  in  Tennessee 
loyal  to  the  constitution,  these  true  and  faithful  men  should 
control  the  work  of  reorganization  and  reformation,  exclu- 
sively. If  a  state  is  to  be  nursed  until  it  again  gets  strength 
it  must  be  nursed  by  its  friends,  and  not  smothered  by  its 
enemies. 

So  marked  had  been  his  radicalism,  fears  were  entertained,  on 
his  accession  to  power,  that  he  would  be  impracticably  severe, 
and  being  from  the  south,  the  men  lately  in  arms  had  much  to 
fear;  but  when  he  began  to  champion  a  course  so  much  more  to 
their  taste  than  the  plan  of  Congress,  their  spirits  revived. ' 

REBEL  CONFESSION. 

On  this  question  Senator  Tipton  used  the  following  language 
in  a  speech  delivered  in  Congress  in  February,  1868: 

I  do  not  wish  to  be  uncharitable,  and  am  therefore  in- 
clined to  pause  just  here,  and  dwell  upon  the  fact  that, 
if  left  alone,  the  penitent  rebel  and  the  unrepentant 
would  neither  of  them  be  asking  or  desiring  to-day  the 
privilege  of  voting.  On  the  day  of  surrender  they  would 
have  said:  "We  entered  the  war  against  you,  determined  to 
destroy  the  American  Union;  we  hated  the  idea  of  nation- 
ality; we  cherished  the  fancy  of  state  sovereignty;  we 
adored  the  institution  of  slavery  as  a  system  of  power  and 
wealth,  a  concomitant  of  aristocracy,  and  the  proper  corner- 
stone of  civil  government.  The  appeal  of  our  ^Revolutionary 
fathers  in  behalf  of  universal  freedom  were  all  discarded; 
and  when  men  of  the  North  were  exiled  from  the   South, 


228  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

or  warned  not  to  enter  it  with  hopes  of  hospitality,  if  they 
came  cherishing-  the  doctrines  of  Jefferson  on  slavery,  we 
yielded  a  hearty  approval.  We  turned  our  pulpits  against 
the  doctrine  of  universal  brotherhood;  we  expurgated  our 
literature;  Ave  put  our  orators  and  poets  under  bonds  to  be 
true  to  our  prejudices  and  desires;  and  during  all  these  four 
years  of  war  by  assassination,  by  conscription,  by  starva- 
tion in  prison  pens  and  dungeons,  we  have  bankrupted  earth 
for  expedients  of  destruction.  Have  mercy  upon  us  and 
allow  us  to  retire  to  obscurity.  If  life  and  property  are 
granted,  we  will  ever  remember  your  great  and  astounding 
magnanimity;  but  with  all  our  national  mistakes,  and 
national  sins,  do  not  expect  us  to  aid,  and  cherish,  and 
build  up  through  the  ballot  box,  the  late  object  of  our 
vengeance.  With  the  blood  of  the  avenging  angel  on  our 
door-posts,  we  cannot,  in  less  than  a  generation,  forget  this 
calamity.  Perhaps  we  have  loved  our  states  too  blmdly: 
but  without  doubt  we  have  hated  the  government  of  the 
Union  with  a  perfect  hatred.  You  have  administered  your 
government  without  us;  your  ways  are  not  as  ours;  besides 
we  had  sworn  each  to  the  other  'to  die  in  the  last  ditch,' 
rather  than  live  again  under  the  hated  stars  and  stripes; 
and  now  your  principles  are  to  triumph,  which  we  do  not 
understand.  But  if  they  redeem  our  desolate  land;  if  they 
build  up  our  ruined  cities;  if  they  bring  commerce  to  our 
silent  harbors;  if  they  again  erect  the  school  and  college; 
our  children  may  some  day  yield  that  obedience  which  we 
refused.  If  there  are  any  among  us  who  can  embrace  your 
constitution;  if  any  who  can  spend  their  time  and  means 
in  sustaining  your  Union  party  by  swearing  truthfully  that 
they  'never  gave  aid  or  comfort  to  the  enemies  of  the  coun- 
try,' in  your  discretion  let  them  do  so." 

That  these  men  so  lately  in  arms  should  be  placed  on 
probation  until  congress  had  approved  of  loyal  state  gov- 
ernments has  been  advocated  by  Johnson  himself.  He  has 
said,  "My  judgment  is  that  he  (the  rebel)  should  be  sub- 
jected to  a  severe  ordeal  before  he  is  restored  to  citizen- 
ship." 

A  fellow  who  takes  the  oath  merely  to  save  his  property, 
and  denies  the  validity  of  the  oath,  is  a  perjured  man  and 
not  to  be  trusted.  Before  these  repenting  rebels  can  be 
trusted   let   them  bring  forth  the  fruits  of  repentance. 

CONGRESSIONAL  PLAN  OF  RECONSTRUCTION. 

The  congressional  plan  provided  for  military  supervision  dur- 
ing the  process  of  reconstruction,  and  for  a  constitutional  con- 


NEBRASKA  IN   THE  U.   S.    SENATE.  229 

vention  of  delegates,  elected  by  the  ''male  citizens  21  years  old 
and  upward  of  whatever  race,  color  or  previous  condition" ;  and 
the  constitution  to  affirm  the  same  of  the  future  voters,  and  the 
legislature  to  adopt  the  14th  amendment  to  the  United  States 
constitution.  This  plan  discarded  alike  the  state  organizations 
that  were  overthrown,  as  well  as  those  established  under  the 
Confederacy,  allowing  the  military  power  to  use  them  for  pro- 
visional purposes  only.  The  oath  of  office  required  the  voter  to 
swear  that  he  had  not  been  disfranchised  for  participation  in 
any  rebellion  or  civil  war  against  the  United  States. 

Mr.  Tipton's  fidelity  to  the  congressional  mode  had  been  amply 
tested  before  his  appearance  as  a  senator,  since  he  had  been  a 
federal  office-holder,  and  learning  that  he  would  not  be  recom- 
mended to  the  senate  for  confirmation  unless  he  adopted  the 
policy  of  the  president,  he  declined  to  do  so,  preferring  to  go  out 
of  office  rather  than  give  up  his  political  convictions. 

HAVEN   OF  NATIONAL  SAFETY. 

A  few  days  before  the  House  of  Representatives  appeared  be 
fore  the  bar  of  the  senate  with  articles  of  impeachment  against 
the  President,  Mr.  Tipton  occupied  the  senate  with  a  long  and 
carefully  prepared  speech,  covering  the  whole  ground  of  debate, 
concluding  as  follows : 

Mr.  President:  The  only  path  of  duty  for  us  to  travel  is 
that  marked  out  by  the  lig'ht  of  Christian  civilization.  We 
are  pledged  by  the  spirit  of  our  institutions;  by  Pilgrim 
vows  and  Pilgrim  faith,  by  interpositions  of  Providence 
from  the  hour  of  the  Mayflower  peril  to  the  fall  of  trea- 
son's banner,  to  do.  by  our  legislation,  all  and  everything 
demanded  by  the  strictest  rules  of  Heaven's  justice.  When 
we  attempted  to  evade  a  settlement  of  the  slavery  question 
after  the  American  Eevolution  of  1776,  we  gradually  com- 
menced to  illustrate  the  proposition,  "Whom  the  gods 
would  destroy,  they  first  make  mad."  When  we  denied  its 
inherent  criminality  and  turned  the  Bible  precepts  aside,  and 
with  the  emblems  of  bread  and  wine  enticed  Christ's  humble 
poor  to  the  table  of  communion  in  order  that  the  soul 
driver  might,  with  greater  accuracy,  cast  the  lariat  over  the 
head  of  his  property,  we  were  invoking  Heaven's  vengeance 
and    mortgaging   the   blood   of   a    whole   generation.     When 


230  NKBRASKA    STATE    HISTORICAL    SOCIETY. 

we  decided  to  try  the  virtue  of  extorted  tears,  and  sweat 
arid  blood,  as  a  fertilizer  for  the  virgin  soil  of  the  mighty 
West,  and  sought  to  consecrate  Kansas  and  Nebraska  to 
the  dominion  of  the  bloodhound  and  the  lash,  we  were  only 
preparing  an  amphitheatre  for  the  greatest  moral  and 
physical  contest  humanity  ever  witnessed  or  valor  ever 
crowned. 

Retribution  is  written  all  over  the  later  pages  of  our 
national  history.  And  now  comes  the  era  of  compensation: 
Liberty  proclaimed  through  all  the  land:  the  swarthy  sons 
of  Africa  pleading  from  the  platform,  the  forum,  and 
rostrum  the  cause  of  universal  rights,  and  quoting  in  the 
ears  of  defunct  aristocracy  the  severely  true  precepts  of  a 
long  abused,  but  now  triumphant  democracjr.  By  all  the 
concentrated  rays  of  history  written  in  blood,  I  see  one 
only  path  of  safety  for  my  native  land,  and  that  is  universal 
justice. 

You  may  sail  whatever  sea  you  choose,  and  shift  your  sails 
to  any  point  you  please,  and  whether  in  the  calm  or  storm 
you  reach  the  goal,  there  can  never  be  peace  or  safety  only 
in   the  haven  of  universal   justice. 

We  may  tamper  with  conscience  and  make  concessions 
to  the  wounded  spirit  of  a  once  domineering-  people  and  lie 
down  to  dream  of  Lazarus  in  Abraham's  bosom  and  Dives 
in  hell;  we  may  shut  our  eyes  and  close  our  ears,  steel  our 
hearts  and  hush  our  voices,  and  then  look  out  again  upon 
a  carnival  of  death,  hearken  to  an  ocean  tone  of  woe,  and 
die  despised,  traitors  to  country,  God  and  man. 

But  if  we  seek  only  justice,  then  our  work  shall  live  and 
grow  and  swell  into  more  magnificent  proportions  as  future 
eras  rise,  and  culminate  in  the  perfection  of  truth  and 
duty. 

IMPEACHMENT    OF    PRESIDENT    JOHNSON. 

At  the  impeachment  of  President  Johnson,  about  the  22d  of 
February,  1868,  the  excitement  at  Washington  City  was  at  fever 
heat.  On  the  21st  of  the  month  the  president  of  the  United 
States  had  ordered  the  removal  from  office  of  Edwin  M.  Stanton. 
Secretary  of  War,  in  direct  and  deliberate  violation  of  the  law, 
and  on  the  same  day  a  resolution  for  his  impeachment  was  in- 
troduced in  the  house  of  representatives,  while  on  the  22d  the 
president  had  sent  for  General  Emory  to  learn  what  change  had 
been  recently  made  among  the  troops  about  the  city;  and  had 
informed  the  general  that  the  law  requiring  him  to  receive  the 


NEBRASKA  IN  THE  U.  S.  SENATE.  231 

President's  military  order  through  the  general  of  the  army  was 
unconstitutional  and  in  violation  of  Emory's  commission.  The 
impression  obtained  that  the  army  was  to  be  used  to  oust  Stan- 
ton and  defy  congress  during  the  time  intervening  between  the 
above  dates  and  the  30th  of  March  following.  An  order  for  the 
president's  impeachment  had  passed  the  house — the  house  had 
appeared  at  the  bar  of  the  senate  and  delivered  articles  of  im- 
peachment, and  filed  a  replication  to  the  answer  made  by  the 
president's  attorneys.  Among  the  managers  of  the  House  were 
such  distinguished  members  as  Bingham  of  Ohio,  Gov.  Boutwell 
of  Massachusetts,  Generals  Butler  and  Logan  and  Thad.  Stevens 
of  Pennsylvania. 

The  president  was  defended  by  Ex-Attorney  General  Stan- 
berry  of  Kentucky,  Judge  Curtis  of  Boston,  Nelson  of  Tennessee, 
Evarts  of  New  York  and  Groesbeck  of  Cincinnati.  The  array  of 
talent  could  not  be  easily  duplicated  in  the  country.  In  the 
examination  of  witnesses  Butler  and  Evarts  took  a  leading  part, 
and  their  intellectual  struggles  for  the  mastery  and  advantage 
in  excluding  and  introducing  testimony  were  highly  exciting. 
General  Butler's  opening  argument,  prior  to  the  introduction  of 
testimony,  occupied  three  hours  and  was  a  concise  history  of 
English  and  American  impeachments,  including  laws  and  pre- 
cedents, and  constitutional  provisions,  together  with  an  analysis 
of  the  articles  before  the  court  and  with  a  statement  of  the 
forthcoming  testimony. 

The  senate  organized  as  a  court  was  presided  over  by  Chief 
Justice  Chase  of  the  supreme  court  of  the  United  States.  In  his 
opening  speech  Manager  Butler  said:  "Now,  for  the  first  time  in 
the  history  of  the  world,  has  a  nation  brought  before  the  highest 
tribunal  its  chief  executive  magistrate  for  trial  and  possible 
deposition  from  office,  upon  charges  of  maladministration  of  the 
powers  and  duties  of  that  office." 

The  articles  of  impeachment  were  eleven  in  number.  The  first 
one  charged  the  removal  of  Edwin  M.  Stanton,  Secretary  of  War, 
in  deliberate  violation  of  law. 

The  second  and  third  set  forth  the  illegal  appointment  of  hi* 
successor,  "ad  interim,"  there  being  no  vacancy. 


L'i'.L'  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

Numbers  4,  5,  6  and  7,  charged  a  conspiracy  to  "intimidate  by 
threats"  and  "to  seize  the  war  department  by  force." 

A  iticle  8  charged  an  intent  to  get  control  of  the  disbursements 
of  the  monej's  of  the  war  department;  and  the  9th  that  an  at- 
tempt was  made  to  influence  General  Emory,  commander  of  the 
department  at  Washington,  to  receive  military  orders,  other- 
wise than  through  the  general  of  the  army  (Grant)  as  the  law 
required.  The  10th  and  11th  articles  charged  the  president 
with  "degrading  his  high  office"  by  abusive  speeches,  denying 
the  authority  of  congress  and  attempting  to  render  null  and 
void  its  legislation. 

In  answer, — as  to  the  removal  of  the  secretary  of  war,  the 
president  admitted  the  fact,  but  averred  that  he  believed  the  act 
protecting  the  secretary  from  removal,  unless  the  senate  con- 
sented, was  unconstitutional,  and  he  hoped  to  carry  the  case  to 
the  supreme  court.  He  interposed  a  general  denial  to  3,  4,  5,  0.  7 
and  8,  involving  threats,  conspiracy,  etc.  As  to  article  9  he  ad- 
mitted that  he  tried  to  satisfy  General  Emory  that  the  law  and 
order  in  question  were  unconstitutional  and  not  in  accordance 
with  the  general's  commission.  As  to  the  10th  and  11th  articles, 
he  denied  that  he  had  done  or  said  anything  "indecent  or  unbe- 
coming," or  that  he  had  been  guilty  of  a  "high  misdemeanor"  in 
office,  having  .only  exercised  an  allowable  "freedom  of  opinion 
and  speech." 

The  law  in  question  limited  the  terms  of  the  cabinet  officers 
to  the  terms  of  the  presidents  by  whom  they  were  appointed,  and 
for  one  month  thereafter,  subject  to  removal,  by  and  with  the 
advice  and  consent  of  the  senate.  It  further  provided  that  for 
special  cause  during  the  recess  of  congress,  such  officer  might  be 
suspended  and  the  case  reported  to  congress  within  twenty  days 
after  its  assembly,  and  if  the  senate  refused  its  concurrence,  the 
officer  was  returned  to  duty.  "Every  removal,  appointment  or 
employment"  made  in  violation  of  the  act,  was  made  a  criminal 
offense  involving  a  fine  not  exceeding  ten  thousand  dollars,  or 
five  years'  imprisonment,  or  both,  at  the  discretion  of  the  court. 

It  was  argued  by  the  counsel  for  the  president  that  Mr.  Stan- 


NEBRASKA  IX   THE  U.   S.    SENATE.  233 

ton  was  not  the  appointee  of  Andrew  Johnson  but  of  Mr.  Lin- 
coln, but  Johnson  had  adopted  the  officers  of  Mr.  Lincoln's  cab- 
inet, and  when  he  resolved  to  get  clear  of  Mr.  Stanton,  he  treated 
him  as  his  own  appointment,  by  suspending  him  and  reporting  to 
congress  within  the  legal  twenty  days,  having  placed  General 
Grant  temporarily  in  charge.  As  soon,  however,  as  the  senate 
refused  to  concur  in  the  removal  General  Grant  vacated  and  Mr. 
Stanton  took  possession  again  of  the  war  department.  Subse- 
quently, the  senate  being  in  session,  February  21,  1868,  the  presi- 
dent notified  the  secretary  of  war,  "you  are  hereby  removed." 
but  as  Mr.  Stanton  had  been  returned  to  duty  by  the  action  of 
the  senate,  he  refused  to  vacate,  unless  the  senate  concurred  in 
his  removal,  which  would  not  be  likely  to  occur. 

At  the  same  time  Adjutant  General  Thomas  had  been  ap- 
pointed secretary  of  war  "ad  interim,"  and  demanded  possession 
of  the  office  and  made  threats  of  force;  but  an  order  to  use  the 
army  to  oust  Stanton,  would  have  to  pass  through  General 
Grant's  hands;  and  none  was  issued  by  the  president,  for  he 
denounced  Grant  for  having  already  shown  his  sympathy  for 
Stanton  and  congress,  by  promptly  retiring  from  the  war  depart 
ment  in  favor  of  the  secretary.  General  Thomas  having  threat- 
ened to  kick  Stanton  out — to  "break  down  the  doors  and  call  on 
Grant  for  troops,"  he  was  promptly  arrested  and  put  under 
bonds  to  keep  the  peace,  and  when  he  complained  that  the  arrest 
was  made  before  breakfast  time,  Mr.  Stanton  furnished  the 
whiskey  and  they  drank  together. 

As  General  Grant  was  charged  with  the  duty  of  supervising 
military  reconstruction,  he  stated  his  own  position  to  the  presi- 
dent, in  the  following  language:  "I  had  fears  the  president 
would,  on  the  removal  of  Mr.  Stanton,  appoint  some  one  in  his 
place  who  would  embarrass  the  army  in  carrying  out  the  recon- 
struction acts.  It  was  to  prevent  such  an  appointment  that  1 
accepted  the  office  of  secretary  of  war  'ad  interim,'  and  not  for 
the  purpose  of  enabling  you  to  get  rid  of  Mr.  Stanton,  by  my 
withholding  it  from  him  in  opposition  to  law.** 


23  l  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

STUMP  SPEECHES. 

In  proof  of  article  10,  charging  an  attempt  to  bring  congress 
into  "disgrace,  ridicule,  hatred  and  contempt,"  reference  was 
made  to  a  speech  at  the  White  House,  on  a  distinguished  oc- 
casion, as  follows:  "We  have  seen  hanging  on  the  verge  of  the 
government,  as  it  were,  a  body  called  or  which  assumes  to  be 
I  he  congress  of  the  United  States,  while,  in  fact,  it  is  a  congress 
of  only  part  of  the  states."  The  second  specification  charged  the 
delivery  of  certain  "intemperate,  inflammatory  and  scandalous 
harangues"  at  Cleveland,  O.,  from  which  we  extract  the  follow- 
ing: "But  I  tell  you  what  I  said.  I  called  upon  our  congress  that 
is  trying  to  break  up  the  government — [a  voice,  'You  lie,'  and 
cheers].  Not  so.  [Hisses.]  'Don't  get  mad,  Andy.'  Who  is  he? 
What  language  does  he  speak?  What  religion  does  he  profess 
that  he  can  come  and  place  his  finger  upon  one  pledge  I  ever 
violated,  or  one  principle  I  ever  proved  false  to?  [Voice,  'New 
Orleans.']  'Why  don't  you  hang  Jeff  Davis?'  [Shouts  and  cries 
of  'Down  with  him.']  Hang  Jeff  Davis?  [Voice,  'Hang  Wendell 
Phillips.']  Why  don't  you  hang  him?  ['Give  us  an  oppor- 
tunity.'] Haven't  you  got  the  court?  Haven't  you  got  the  at- 
torney general?  Who  is  your  Chief  Justice  who  has  refused  to 
sit  on  his  trial?  [Groans  and  cheers.]*  I  am  not  the  Chief 
Justice;  I  am  no  jury.  ['Don't  get  mad.']  I  am  not  mad. 
[Hisses]." 

This  bandying  of  epithets — this  throwing  of  mud  with  an  infu- 
riated drunken  mob,  just  after  he  had  been  received  by  the  peo- 
ple in  civic  processions  and  with  all  the  honors  a  great  city  could 
bestow,  and  while  a  magnificent  banquet  was  being  prepared, 
was  certainly  the  most  humiliating  exhibition  of  a  chief  magis- 
trate ever  made  before  the  American  people.  From  its  great 
length,  it  seemed  an  effort  to  overcome  the  rabble,  and  carry 
away  the  honors  of  billingsgate.  Specification  3  set  forth  the 
speech  at  St.  Louis,  on  a  grand  reception  to  himself  and  cabinet, 
and  was  a  counterpart  of  the  affair  at  Cleveland.  The  running 
fire  continued  from  the  second  sentence  to  the  end  of  the  out- 
door harangue.    The  interlarding  exclamations  were:  "Bully  for 


NEBRASKA  IN  THE  U.   S.    SENATE.  235 

you!  Hurrah  for  Andy!  Good"  [groans  and  cheers] — "Stick  to 
that!  Kick  them  out !  Go  it,  Andy!"  To  the  charge  of  traitor  he 
exclaimed:  "Judas,  Judas  Iscariot,  Judas!  There  was  a  Judas 
once,  one  of  the  twelve  apostles.  O,  yes,  and  these  twelve  apos- 
tles had  a  Christ,  and  he  never  could  have  had  a  Judas  unless  he 
had  had  twelve  apostles.  If  I  have  played  the  Judas,  who  has 
been  my  Christ  that  I  have  played  the  Judas  with?  Was  it  Thad. 
Stevens?  Was  it  Wendell  Phillips?  Was  it  Charles  Sumner? 
[Hisses  and  cheers.]  These  are  the  men  that  set  up  and  com- 
pare themselves  with  the  Savior  of  men,  and  everybody  that 
differs  with  them  in  opinion,  and  to  try  to  stay  and  arrest  their 
diabolical  and  nefarious  policy  is  to  be  denounced  as  Judas. 
['Hurrah  for  Andy'  and  cheers.]" 

On  this  occasion  of  speechmaking  the  president  and  cabinet 
had  been  attending  the  ceremonies  on  laying  the  corner-stone 
of  a  monument  to  Stephen  A.  Douglas  in  the  state  of  Illinois. 

After  able  arguments,  the  vote  of  the  senate  was  taken  on  the 
11th,  2d  and  3d  articles,  which  showed  thirty-five  senators  for 
impeachment  and  nineteen  in  the  negative.  But  as  the  affirma- 
tive failed  to  register  thirty-six,  or  two-thirds  of  all,  the  other 
eight  articles  were  abandoned,  and  the  result  declared  in  the 
negative.  The  senators  from  Nebraska,  believing  the  president 
had  no  right  to  assume  the  duty  of  the  supreme  court  and  de- 
clare a  law  unconstitutional,  voted  for  impeachment. 

GREEK  MEETS  GREEK. 

The  occasion  being  one  of  such  solemn  import  the  distinguished 
attorneys  but  seldom  indulged  in  pleasantry  or  sarcasm.  But  on 
one  occasion  when  Mr.  Stanberry  put  a  question  in  a  particular- 
way  General  Butler  said:  "Sometimes  this  rule  has  been  relaxed 
in  favor  of  very  young  counsel  [laughter],  who  did  not  know 
what  a  leading  question  was,  not  otherwise.  I  have  seen  very 
young  men  make  mistakes  by  accident,  and  I  have  known  the 
courts  to  let  them  up  and  say,  'We  will  not  hold  the  rule,  if  you 
made  an  accident.' " 

To  which  Stanberry  retorted:   "The  gentleman  says  I  am  an 


230  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

old  lawyer,  long  at  the  bar.  I  hope  I  never  have  disgraced  that 
position.  He  intimates  that  I  have  resorted  to  the  tactics  of  the 
Old  Bailey  court  for  the  purpose  of  making  factious  opposition. 
I  scorn  any  such  imputation." 

The  only  fanciful  passage  of  words  took  place  between  Man- 
ager Boutwell  and  Mr.  Evarts  in  their  final  speeches.  Mr.  Bout- 
well  said:  "Travelers  and  astronomers  inform  us  that  in  the 
southern  heavens,  near  the  southern  cross,  there  is  a  vast  space 
which  the  uneducated  call  the  hole  in  the  sky,  where  the  eye  of 
man  with  the  aid  of  the  powers  of  the  telescope  has  been  unable 
to  discover  nebulae,  or  asteroid,  or  comet,  or  planet,  or  star,  or 
sun.  In  that  dreary,  cold  region  of  space  which  is  only  known  to 
be  less  than  infinite  by  the  evidence  of  creation  elsewhere,  the 
Great  Author  of  celestial  mechanism  has  left  the  chaos  which 
was  in  the  beginning.  If  this  earth  was  capable  of  the  senti- 
ments and  motions  of  justice  and  virtue,  which  in  human  mortal 
beings  are  the  evidence  and  the  pledge  of  our  Divine  origin  and 
the  immortal  destiny,  it  would  heave  and  throe  with  the  energy 
of  the  elemental  force  of  nature  and  project  this  enemy  of  two 
races  of  men  into  that  vast  region,  there  forever  to  exist  in  a 
solitude  eternal  as  life,  or  as  the  absence  of  life,  emblematical  of, 
if  not  really,  that  'outer  darkness'  of  which  the  Savior  of  man 
spoke  in  warning  to  those  who  are  the  enemies  of  themselves,  of 
their  race  and  of  their  God."  To  which  Mr.  Evarts  made  reply: 
"Truly  this  is  a  great  undertaking,  and  if  the  learned  manager 
can  only  get  over  the  obstacles  of  the  laws  of  nature  the  constitu- 
tion will  not  stand  in  his  way.  Nobody  knows  where  that  space 
is  but  the  learned  manager  himself,  and  he  is  the  necessary  dep- 
ui  v  to  execute  the  judgment  of  the  court.  [Laughter.]  Let  it 
then  be  provided  that  in  case  of  your  sentence  of  deposition  and 
removal  from  office  the  honorable  and  astronomical  manager 
shall  lake  into  his  own  hands  the  execution  of  the  sentence. 
With  i  h<-  president  made  fast  to  his  broad  and  strong  shoulders, 
and.  having  already  essayed  the  flight  by  imagination, — better 
prepared  i  han  anybody  else  to  execute  it  in  form, — taking  the  ad- 
vantage of  ladders  as  far  as  ladders  will  go,  to  the  top  of  this 


NEBRASKA  IN  THE  U.  S.  SENATE.  237 

great  Capitol,  and  spurning  then  with  his  foot  the  crest  of  Lib- 
erty, let  him  set  out  upon  his  flight  [laughter],  while  the  two 
houses  of  congress  and  all  the  people  of  the  United  States  shall 
shout  'Sic  itur  ad  astro,.'  "    [Laughter.] 

JUDICIAL    OPINION. 

As  Senator  Tipton  relied  upon  the  1st,  2d,  and  3d  articles  of 
impeachment  for  the  establishment  of  a  misdemeanor,  an  ex- 
tract only  from  that  portion  of  the  opinion  need  be  produced. 
Such  opinions,  when  produced,  were  filed  and  published  In- 
order  of  the  senate. 

By  every  reasonable  rule  of  construction  it  seems  per- 
fectly plain  that  Mr.  Stanton  has  not  been  removed  by 
force  of  the  civil  tenure  act,  and  consequently  is  entitled  to 
its  protection,  which  was  accorded  to  him  by  the  senate 
when  they  restored  him  from  suspension  by  their  vote  of 
January  13,  1868.  Having1  attempted  to  accomplish  that 
independent  of  the  senate  which  he  failed  to  secure  when 
admitting  the  constitutionality  of  the  act  by  yielding  to 
its  provisions  for  suspension,  the  president  has  certainly 
been  guilty,  as  charged  in  the  1st  article,  of  a  "high  mis- 
demeanor in  office."  The  plea  which  he  makes  in  his  an- 
swer, that  he  does  not  believe  the  act  of  March  2d,  1867. 
constitutional,  cannot  avail  him,  since,  when  congress 
passed  the  act  and  laid  it  before  him  for  his  signature, 
he  having  vetoed  it,  it  was  then  passed  over  the  veto  by 
three-fourths  of  each  branch  of  congress — the  provision 
of  the  Constitution  being  that  a  bill  passed  b,y  two-thirds 
of  each  house  over  the  president's  veto  "shall  become  a 
law."  Having  thus  become  a  law,  he  had  no  discretion  but 
to  enforce  it  as  such;  and  by  disregarding  it  merited  all 
the  penalties  thus  incurred.  He  is  not  to  be  shielded  behind 
the  opinion  of  his  cabinet,  although  they  may  have  advised 
him  to  disregard  the  law,  since  their  onl}'  business  is  to 
obey  and  enforce  the  laws  governing  their  several  depart- 
ments, and  neither  to  claim  or  exercise  judicial  functions. 
The  plea  of  innocent  intentions  is  certainly  not  to  vindi- 
cate him  for  having  violated  a  law,  for  every  criminal  would 
be  able  to  plead  justifiable  motives  in  extenuation  of  pun- 
ishment, till  every  law  was  broken  and  every  barrier  of 
safety  set  aside.  It  has  been  argued  that  as  Mr.  Stanton 
has  continued  to  occupy  the  War  Office,  and  the  removal 
has  not  been  entirely  completed,   the  penalty  for  removal 


238  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

can  not  attach;  but  Mr.  Johnson  receives  General  Thomas 
as  Secretary  of  War  at  his  cabinet  meetings,  thus  affirming 
his  belief  that  Thomas  is  entitled  to  be  accredited  as  such. 
It  should  be  remembered  in  this  connection,  that  it  is  a 
high  misdemeanor  to  attempt  to  do  an  act  which  is  a  mis- 
demeanor. 

The  removal  of  Mr.  Stanton,  against  law,  would  be  a  "high 
misdemeanor,"  and  a  persistent  effort  in  that  direction, 
issuing  orders,  withdrawing  association  from  him  and  ac- 
crediting another,  does  in  my  opinion  constitute  a  "high 
misdemeanor." 

By  article  2  he  stands  charged,  during  the  session  of  the 
senate,  with  having  issued  a  letter  of  authority  to  Lorenzo 
Thomas,  authorizing  him  and  commanding  him  to  assume 
and  exercise  the  functions  of  Secretary  of  the  Department 
of  War,  without  the  advice  and  consent  of  the  senate,  which 
is  charged  to  have  been  in  violation  of  the  express  letter 
of  the  constitution  and  of  the  act  of  March  2,  1867.  If  the 
president,  during  a  session  of  the  senate,  can  remove  one 
officer  and  appoint  ad  interim,  so  he  may  remove  any  or  all, 
and  thus  usurp  departments  and  offices,  while  the  people 
seek  in  vain  for  the  restraining  and  supervising  power  of  a 
prostrate  and  insulted  tribunal. 

Believing  that  the  stability  of  government  depends  upon 
\he  faithful  enforcement  of  law,  and  the  laws  of  a  Republic 
being  a  transcript  of  the  people's  will,  and  always  repeal- 
able  by  their  instructions  or  change  of  public  servants,  I 
would  demand  their  enforcement  by  the  president,  inde- 
pendent of  any  opinion  of  his  relative  to  necessity,  propriety 
or  constitutionality. 

PROBATION    ENDED. 

Inasmuch  as  Nebraska  had  been  admitted  as  a  state  of  the 
Union  after  complying  with  a  "condition  precedent,"  Mr.  Tipton 
felt  no  hesitancy  in  demanding  as  much  from  each  of  the  re- 
constructed  states.  But  as  soon  as  a  compliance  was  obtained, 
he  protested  against  any  further  probation,  while  some  sena- 
tors seemed  to  look  after  new  sources  of  delay  and  party  ad- 
vantage. In  the  matter  of  the  claim  of  Mr.  Sawyer,  of  South 
Carolina,  for  admission  to  the  senate  he  said: 

In  all  nry  meditations  on  the  subject  I  fancied,  years  ago, 
during  the  progress  of  the  war,  that  it  would  be  enough 
to  live  for,  if  I  should  be  permitted  to  have  an  opportunity 


NEBRASKA  IN   THE  U.   S.    SENATE.  239 

of  witnessing,  not  as  a  member  of  this  body,  but  as  a  citi- 
zen of  tne  United  States,  the  return  of  senators  from  states 
so  recently  in  rebellion. 

I  supposed  their  return  would  invoke  a  degree  of  enthusi- 
asm and  ardor,  an  extending'  of  hands  and  opening  of  hearts, 
and  an  utterance  on  our  part  that  would  show  that  the 
consummation  was  one  which  was  worthy  to  have  received 
a  treasure  of  money  and  a  treasure  of  love.  And  now  we 
stand  here  and  higgle  when  South  Carolina,  the  first  to 
leave  us,  and  one  of  the  last  to  return,  presents  herself, 
and  we  ask  for  precedents,  forsooth.  I  believe  that  the 
senator  who  presents  himself  here  for  admission  is  as  loyal 
as  I  am,  and  I  think  I  am  loyal  enough  for  all  practical 
purposes.  T  stand  here,  therefore,  heartily,  freely  and 
devotedly  to  welcome  this  additional  representative  from 
South  Carolina. 

.  VIRGINIA. 

After  the  state  of  Virginia  had  adopted  a  constitution  in 
strict  compliance  with  the  act  of  congress,  and  for  that  pur- 
pose, and  an  effort  was  made  to  send  her  back  for  new  pledges, 
Mr.  Tipton  vindicated  her  in  a  speech,  claiming  that  she  had 
done  all  that  was  required  of  her;  and  specified  the  adoption 
of  the  13th  amendment,  which  abolished  slavery;  and  the  14th, 
which  established  citizenship,  and  excluded  from  future  repre- 
sentatives in  Congress  such  as  resigned  to  go  into  the  rebel- 
lion and  made  payment  of  rebel  debts  or  claims  for  slave  prop- 
erty impossible,  and  declared  the  public  debt  of  the  United 
States  should  never  be  questioned.  He  gave  her  further  credit 
that,  "so  far  as  Virginia  is  concerned,  she  has  done  her  part 
in  the  adoption  of  the  15th  amendment  also,"  conceding  impar- 
tial suffrage. 

MISSISSIPPI. 

February  11th,  1S70,  the  contest  was  bitter  in  the  case  of 
Mississippi,  but  a  single  paragraph  is  enough  to  show  how 
ardent  an  advocate  she  had  from  the  new  state  of  Nebraska. 

You  say  that  in  some  future  time,  between  now  and  the 
sounding  of  Gabriel's  trumpet,  you  are  afraid  Mississippi 
will  undertake  to  change  her  law  on  the  subject  of  educa- 
tion.    Is  that  any  of  your   business?     Can  you  say  to  my 


240  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

little  State  of  Nebraska  that  she  shall  never  change  her 
laws  on  the  subject  of  education?  She  may  change  them 
when  she  pleases  and  she  will  ask  nothing  of  you  or  this 
congress,  and  after  she  has  changed  them  she  will  be  amen- 
able only  to  the  constitution  of  the  United  States. 

And  if  30,000  majority  of  colored  men.  if  a  colored  party 
in  Mississippi,  linked  hand  in  hand  with  a  large  white  repub- 
lican vote,  is  not  able  to  take  care  of  their  educational  inter- 
ests, then  appoint  an  administrator  for  them  and  leave  the 
State  out  until  she  can  take  care  of  herself.  No,  sir;  it  is  a 
magnificent  farce;  it  is  a  consummation  of  radicalism  run 
mad  to  say  that  you  will  not  trust  a  people  who  have  done 
everything  and  a  little  more  than  some  of  you  desired  them 
to  do. 

Mississippi  sends  here  what  Ohio  cannot  do.  whal  Massa- 
chusetts cannot  do;  she  sends  a  colored  senator.  Is  that 
not  enough  for  you?  And  yet  you  say  to  her,  "Are  you  in 
earnest?"  . 

GEORGIA. 

But  the  most  persistent  contest  for  party  advantage  arose 
in  the  case  of  Georgia,  two  years  after  her  members  were  ad- 
mitted to  the  house  of  representatives;  but  prior  to  the  admis- 
sion of  her  senator.  An  act  of  her  legislature  unseating 
I  wenty-five  colored  members,  which  her  supreme  court  declared 
unconstitutional,  had  caused  the  senate  to  delay  the  admission 
of  the  Georgia  senators.  Just  then  the  time  was  approaching 
for  the  re-election  of  State  and  legislative  officers,  but  those  in 
power,  seeming  to  fear  their  ability  to  be  re-elected,  asked 
congress  to  declare  the  government  of  Georgia  provisional,  and 
to  allow  them  to  hold  two  years  more  without  a  re-election. 

Fortified  with  the  constitution  of  the  State,  the  laws  and 
journals  of  her  legislature,  the  messages  of  her  governor,  the 
history  of  her  judiciary  and  of  her  financial  department,  Mr. 
Tipton  entered  into  the  discussion  utterly  regardless  of  the  po- 
litical bearing  of  the  question. 

To  the  numerous  arguments  offered  in  behalf  of  new  terms 
without  an  election,  he  said: 

The  truth  is  that  in  the  state  of  Georgia  there  are  aspir- 
ants in  the  republican  party  for  all  the  prominent  offices 
in  the   State.     Their  anticipations  have   not  been   realized. 


NEBRASKA  IN   THE  U.   S.    SENATE.  211 

"They  tell  us  if  Ave  do  not  perpetuate  their  power  justice 
cannot  be  done  the  colored  voters.  I  desire  the  triumph 
of  the  republican  party  in  Georgia,  but,  sir,  notwithstand- 
ing that,  I  am  here  the  sworn  representative  of  a  State,  and 
it  is  my  business  to  look  into  the  constitution  and  the  laws, 
and  not  sit  here  for  the  purpose  of  doing  that  which  is  most 
agreeable  to  my  own  desires  in  their  behalf,  but  to  enforce 
the  constitution  of  the  United  States  and  of  Georgia,  as  far 
as  we  may  legitimately.  Within  those  lines  I  will  perform 
no  duty  whatever  under  an  influence  here  or  from  abroad. 

Efforts  were  made  to  influence  independent  senators  by  the 
administration  newspapers  of  the  city,  and  by  Georgia  carpet- 
baggers, who  claimed  that  the  president  desired  their  perpetua- 
tion in  powrer.  In*  the  final  disposition  of  the  case,  an  inde- 
pendent republican  and  democratic  vote  sent  Georgia  home, 
to  go  to  the  polls,  as  provided  by  law,  and  obey  her  constitu- 
tion. 

But  it  was  not  till  the  30th  of  March,  1870,  that  Texas  came 
back,  as  the  last  prodigal  of  the  confederacy,  and  reconstruc- 
tion was  complete;  while  on  the  same  day  publication  was 
made  that  the  15th  amendment  to  the  United  States  was 
adopted. 

The  more  enthusiastic  citizen  fancied  this  the  dawn  of  the 
political  millenium,  but  the  thoughtful  one  could  discover  a 
dark  night  and  a  rough  sea.  To  bring  back  the  national  gov- 
ernment to  the  theory  and  practice  of  peace  measures,  after 
years  of  war  and  military  reconstruction,  wTas  to  become  a 
Herculean  task. 

FINAL   RESULTS. 

Senators  wTere  divided  upon  numerous  questions  (now  vital), 
which  during  war  could  be  ignored  as  only  side  issues.  The 
advocates  of  centralization  of  power  were  reinforced  by  twenty 
new  associates  from  the  reconstructed  states.  Leaders  who 
had  heretofore  conceded  much  to  liberal  republicans,  could 
now  defy  them,  while  the  small  band  of  reformers  found  their 
co-workers  in  the  democratic  minority. 

Soon,  also,  an  imperious  majority  found  their  new  allies,  the 

17 


242  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

i  aipet-baggers  of  the  south,  through  ignorance,  mistakes  and 
crimes,  were  disgracing  themselves,  and  bringing  reproach 
u) ion  the  party,  and  the  president  which  had  appointed  them. 
I  distinguished  senators  who  had  been  standard-bearers  in  every 
hour  of  the  war  were  commanding  a  halt,  and  a  "right  about 
face."  Senator  Trumbull,  of  Illinois,  the  Ajax  of  the  judiciary 
committee,  exclaimed:  "Show  me  that  it  is  necessary  to  exer- 
cise any  power  belonging  to  the  government  of  the  United 
Siates  in  order  to  maintain  its  authority  and  I  am  ready  to 
put  it  forth.  But,  Sir,  I  am  not  willing  to  undertake  to  enter 
the  states  for  the  purpose  of  punishing  individual  offenses 
against  their  authority  committed  by  one  citizen  against  an- 
other." 

Senator  Hamlin,  who  was  elected  vice  president  with  Mr. 
Lincoln,  seeing  that  congress  had  become  the  national  incor- 
poration mill,  with  which  to  grind  our  special  acts  of  incor- 
poration for  the  "favored  few,"  raised  a  note  of  warning.  Mr. 
Hamlin  said:  "It  belongs  to  that  class  of  legislation  which 
for  long,  long  years  was  excluded  from  the  halls  of  congress; 
and  the  sooner  we  return  to  that  rule  and  exclude  every  species 
of  legislation  from  congress  that  appropriately  belongs  to  the 
states,  and  may  be  fully  exercised  by  the  states,  the  better." 
They  who  were  anxious  to  rid  the  party  of  the  cormorants  of 
corruption  were  admonished  by  the  venerable  Simon  Cameron, 
who  said:  "It  is  not  our  business  to  expose  our  delinquents, 
for  that  belongs  to  our  opponents." 

The  war  governor  of  Indiana,  Mr.  Morton,  proclaimed  his 
intention  to  legislate  for  the  republican  party.  Charles  Sum- 
ner, the  greatest  living  American,  in  the  opinion  of  foreign 
nations,  was  degraded  in  the  senate  for  his  opinions,  excluded 
from  the  White  House,  and  censured  by  the  legislature  of 
Massachusetts;  but  outlived  the  storm  of  passion,  saw  the 
resolution  of  censure  expunged,  and  a  message  announcing  it 
spread  upon  the  journal  of  the  senate,  then  gathering  his 
official  robes  about  him,  retired  to  his  chamber  whence  he  was 
carried  to  his  grave. 


NEBRASKA  IN   THE  U.   S.    SENATE.  243 


THE    ISSUE    ACCEPTED. 


Early  in  December,  1874,  Senator  Trumbull,  of  Illinois,  intro- 
duced a  resolution  for  examining  into  all  the  expenditures  of 
the  government,  and  the  reducing  of  the  number  of  office-hold- 
ers and  the  examination  of  applicants  for  office,  and  the  sepa- 
ration of  the  government  patronage  from  the  machinery  of 
party.  His  resolution  was  the  exact  copy  of  one  adopted  some 
years  before,  which  at  that  time  was  regarded  necessary,  effi- 
cient and  innocent;  but  a  committee  had  lately  discovered  such 
widespread  extravagance  and  corruption,  resulting  in  part 
from  war  demoralization,  that  unscrupulous  politicians  pro- 
tested against  a  full  and  searching  examination.  The  senators 
who  were  urging  this  investigation  had  not  yet  declared  them- 
selves independent  of  the  republican  party;  but  it  was  becom- 
ing evident  that  a  breach  could  not  long  be  avoided  unless  the 
tyranny  of  imperious  leaders  could  be  abated. 

The  court  organ,  the  Chronicle,  claimed  that  "the  purpose  of 
the  investigation  was  to  cast  dirt  upon  the  administration"; 
while  the  leaders  near  the  throne  exclaimed,  "Behold  the  ene- 
mies of  the  republican  party!" 

The  democrats  of  the  senate  sympathized  with  the  investiga- 
tion movement,  but  refrained  from  discussion,  delighted  with 
a  republican  controversy  which  might  inure  to  the  advantage 
of  democracy. 

Despising  double  dealing  or  prevarication,  Senator  Tipton 
accepted  the  issue,  drew  the  sword  and  threw  away  the  scab- 
bard.   Mr.  Tipton : 

Yesterday  evening  the  honorable  senator  from  Indiana 
(Mr.  Morton)  said,  "I  am  not  mistaken  about  the  whole  drift 
of  this  debate.  It  has  been  to  show  that  there  is  corruption 
existing-  under  this  administration,  and  gross  corruption." 
Certainly,  that  is  just  what  I  mean  when  I  enter  into  this 
debate;  but  to  the  other  part  of  the  proposition  of  the  sena- 
ator  from  Indiana  I  plead  not  guilty;  that  the  drift  of  the 
debate  is  a  reflection  on  the  republican  party.  No,  sir.  I  be- 
lieve that  the  republican  party  is  worthy  jet  to  be  redeemed 
from  the  curse  that  rests  upon  it  to-day  on  account  of  the 
mistakes  of  the  administration,  and  the  corrupt  and  down- 
right plundering  of  dishonest  office  holders. 


I'll  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

Bui  I  do  plead  guilty  to  that  other  charge,  that  there  is 
corruption,  deep  and  damning  and  festering,  all  through  this 
administration  of  ours.    I  believe  it,  and  I  have  utteredJt. 

At  this  date  in  the  discussion  Senator  Wilson,  of  Massachu- 
setts, admitted  that  millions  of  people  were  receiving  the  im- 
pression that  there  was  a  desire  on  the  part  of  senators  to 
cover  up  and  shield  the  shortcomings  of  the  administration. 
Other  senators  denied  everything,  among  them  the  senator 
from  Nevada,  to  whom  Mr.  Tipton  replied : 

chaplain's  cyclone. 

The  honorable  senator  from  Nevada  (Mr.  Nye),  with  all 
his  blandishments  of  external  oratory  for  which  he  is  so 
famous,  treated  us  with  a  high-flown  description  of  the  pu- 
rity of  the  party  at  the  present  time,  and  also  congratulated 
the  country  that  so  little  of  peculation  had  occurred.  He 
caused  me  to  remember  the  prayer  of  the  chaplain  from 
your  desk.  Sir,  on  the  first  morning  of  the  present  session, 
when  he  thanked  the  Supreme  Ruler  of  the  universe  that 
after  the  cyclone — he  called  it  the  cyclone  [laughter] — had 
passed  over  the  land  there  was  more  left  than  was  taken. 
[Laughter.]  I  come  here  to  plant  myself  beside  the  chap- 
lain and  to  change  the  tenor  of  the  prayer,  and  refer  it  to 
my  party;  and  I  am  thankful  that  although  the  cyclone  of 
corruption  has  been  passing  over  it  there  is  little  more  left 
than  was  taken.     [Laughter.] 

OFFICIAL   REMOVALS. 

There  being  no  democrats  in  office,  every  time  a  change  in 
tne  republican  senators  took  place,  republicans  had  to  be  re- 
moved, even  without  cause,  to  supply  places  for  new  appli- 
cants. Of  this  policy  Mr.  Tipton  said,  when  Mr.  Hitchcock  was 
elected,  "And  here  I  stand,  saying  to  nry  colleague,  go  forward, 
enthrone  your  friends,  bury  mine  out  of  sight;  only  permit  me 
to  close  my  ears  and  bandage  my  eyes  so  that  I  shall  not  hear 
the  crack  of  the  rifle  that  drops  them  to  the  dust,  or  see  their 
bodies  swing  from  the  political  gibbet.  [Laughter.]  If  it  was 
proper  here  to-day,  I  would  make  respectful  mention  of  those 
gentlemen  by  name,  in  order  that  they  might  go  upon  the  rec- 
ords, and  if  there  is  no  political  salvation  for  them  otherwise, 


NEBRASKA  IN   THE  U.   S.    SENATE.  245 

save  them  in  the  Globe."  [Laughter.]  Of  au  amendment  of- 
fered, which  would  take  all  the  vitality  out  of  the  original  reso- 
lution, Mr.  Tipton  said:  "Mr.  President,  they  bring  us  in  their 
resolution,  a  political  corpse,  shrouded  and  coffined,  hereafter 
to  be  animated  with  a  very  lamblike  soul,  which  shall  only  re- 
ceive its  retrenchment  authority  when  the  honorable  senator 
from  New  York  (Mr.  Conkling),  standing  by  its  temporary 
tomb  in  the  majestic  attitude  of  a  Republican  Deity,  shall  in- 
fuse life  into  it,  and  bid  it  go  forth." 

As  a  justification  for  pressing  an  investigation  the  facts  were 
announced  that  lately  a  defalcation  had  been  discovered  in  the 
treasury  of  nearly  half  a  million  in  the  accounts  of  a  single 
disbursing  officer,  and  that  a  single  witness  pointed  out  to  a 
committee  fifty  thousand  dollars  paid  out  for  no  service  what- 
ever, and  that  bribes  were  received,  as  a  matter  of  custom,  by 
custom-house  officials;  and  that  many  persons  were  carried 
on  the  pay-rolls,  as  a  matter  of  party  favor,  who  never  per- 
formed labor. 

Sir,  this  report  is  not  a  very  old  one.  I  presume  the 
memory  of  the  gentlemen  on  the  other  side  can  run  back 
that  far — March,  1871.  While  we  have  such  a  report  as  this 
on  record,  and  while  the  very  first  clause  of  the  resolution 
of  the  senator  from  Illlinois  provides  for  looking  into  that 
state  of  affairs,  the  senator  from  Nevada  (Mr.  Nye),  with  all 
that  placidity  which  characterizes  him,  comes  in  and  says: 
"The  occasion  is  passed  by;  all  is  lovely  and  the  bird  of  Jove 
soars  heavenward."     [Laughter.] 

The  thought  that  five  senators  could  seriously  damage  a 
great  party,  having  a  clear  majority  of  more  than  fifty  in  this 
body,  was  so  supremely  ridiculous  that  it  could  not  escape  the 
speaker. 

Is  there  not  a  majority  of  us  here?  Or,  where  we  are  all 
on  one  side,  can  we  talk  about  majorities  at  all?  These 
democratic  members  I  look  upon  as  here  simply  by  our  kind 
permission.  [Laughter.]  Would  they  have  any  rights  to 
seats  in  the  senate  of  the  United  States  unless  they  sub- 
scribed to  our  creed?  which  I  trust  in  good  time  they  will 
all  do.     [Laughter.]     I  say  we  are  a  majority  here,  and  we 


246  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

can  organize  the  committee,  therefore,  so  that  neither  the 
senator  from  Missouri  nor  any  other  senator  can  get  such  a 
degree  of  control  as  to  injure  the  republican  party. 

INDEPENDENT    SENATORS. 

At  that  time  the  five  senators  who  were  seeking  a  reform 
inside  the  party,  were  Sumner,  of  Massachusetts,  Trumbull,  of 
Illinois,  Schurz,  of  Missouri,  Fenton,  of  New  York,  and  Tipton, 
of  Nebraska.  And  in  one  year  from  that  date  they  were  known 
as  liberal  republicans,  advocating  Horace  Greeley  for  presi- 
dent against  General  Grant. 

The  most  offensive  thing  imaginable,  to  an  honorable-minded 
man,  was  the  threat  of  discipline  from  the  White  House,  which 
was  disposed, of  as  follows: 

I  was  informed  that  according  to  the  manner  in  which  of- 
fices were  awarded  on  the  rule  of  fidelity  to  party,  if  I  did 
not  desist  I  would  be  read  out  of  the  party  in  the  city  of 
Washington.  My  simple  response'  was,  "Washington  has 
nothing  to  do  with  me;  let  the  authorities  in  Washington 
mind  their  business  and  I  will  take  care  of  mine."  May  I 
not  as  an  honest  republican  suppose  that  there,  might  be  a 
senator  on  this  floor  better  qualified  to  control  the  desti- 
nies of  this  nation  than  the  intellectual  colossus  who  now 
sits  in  the  White  House.  [Laughter.]  And  yet  if  I  hold  an 
opinion  of  that  kind,  am  I  to  be  denounced  as  entirely  op- 
posing the  interest  of  my  party.  Has  it  come  to  this,  that 
we  have  only  one  standard-bearer  and  only  one  man  under 
whom  we  can  marshal  and  be  loyal? 

The  terrible  fear  of  exposure  of  profligacy  and  corruption, 
and  the  insane  ravings  against  party  purification,  evoked  the 
spirit  of  ridicule,  as  follows: 

When  it  is  proposed  to  give  power  to  send  for  persons  and 
papers,  senators  who  had  lived  heretofore  apparently  for  no 
other  purpose,  having  no  visible  means  of  occupation  except 
sending  for  persons  and  papers,  throw  themselves  into  an 
attitude  of  perfect  horror.  Grasping  the  constitution  of  the 
country  they  exclaim,  "What!  send  for  persons  and  papers 
when  this  blessed  document  declares  that  men's  persons 
and  papers  shall  not  be  subject  to  unnecessary  seizure?" 
No,  that  is  so  much  for  declamation  and  so  much  for  the 
praises  and  1he  intelligent  men  in  the  back  country.  [Laugh- 
ter.] 


NEBRASKA  IN  THE  U.   S.    SENATE.  247 

IRONICAL. 

Irony  was  also  a  very  potent  instrument  in  the  senator's 
attack: 

The  president  has  spoken  in  behalf  of  reform.  I  stand  by 
his  side  on  the  platform  of  reform.  I  think  the  senator 
from  Illinois  is  ranged  upon  the  same  platform,  if  I  under- 
stand him.  I  think  the  senator  of  Missouri  has  been  there 
occupying  it  so  long-  that,  if  a  platform  could  be  cultivated, 
he  might  as  a  pre-emptor  take  possession  of  it.  Is  there  a 
little  arrangement  by  which  the  president  is  to  commit  his 
party  to  reform  in  his  message;  and  then  is  there  an  under- 
standing that  his  special  friends  in  the  senate  will  hold  back 
in  the  traces  and  let  him  have  the  glory  of  reform  and  they 
never  let  the  people  have  the  benefit  of  it?  Of  course  there 
is  nothing  of  the  kind  intended;  but  I  fear  the  gentlemen 
will  be  placed  in  a  false  position,  and  being  a  lover  of  hu- 
manity I  would  not  willingly  see  them  slaughtered." 

Before  the  debate  was  closed,  the  result  was  clearly  out- 
lined, namely,  that  the  resolution  should  be  amended  till  per- 
fectly harmless,  as  to  criminals,  and  that  no  liberal  republican 
should  become  its  chairman.  The  debate  was  long,  bitter  and 
merciless,  in  which  Edmunds,  of  Vermont,  and  Conkling,  of  New 
York,  with  Sherman  of  Ohio  and  Nye  of  Nevada,  applied  the 
brakes,  while  Trumbull,  Schurz  and  Tipton  manufactured 
steam. 

Sir,  I  have  done  what  I  could  to  present  the  views  which  I 
have  on  this  subject;  but  if  we  are  overruled  here,  we  have 
the  consolation  of  knowing  that,  perhaps,  clear-headed  hon- 
esty, pure-hearted  integrity,  unskilled  in  the  wiles  of  the 
politician  and  the  necessity  of  hard-pressed  partisan  leaders, 
may  sometime  come  to  the  conclusion  that  though  we  lose 
the  cause  to-day,  we  shall  yet  gain  it  in  that  better  time 
coming. 

LEGISLATIVE,    MILITARY    AND    OFFICIAL    USURPATIONS. 

On  the  9th  day  of  February,  1872,  Mr.  Tipton  addressed  the 
senate  on  Sumner's  amendment  of  the  bill  for  the  removal  of 
legal  and  political  disabilities,  his  theme  being  Legislative,  Mili- 
tary and  Official  Usurpations.     After  giving  a  hearty  assent 


_'lv  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

in  the  declaral  ion  of  a  senator  from  Conned  icut  that  the  obnox- 
ious amendment  1  ended  to  "consolidate  all  authority  in  this 
nation  into  one  imperial  government,"  he  adopted  the  proposi- 
tion of  a  senator  of  the  state  of  Maine,  that  it  was  "without 
warrant  in  the  constitution  and  undertook  to  regulate  the 
personal,  social,  religious  and  domiciliary  rights  of  the  people." 
He  I  hen  proceeded  : 

Mr.  President,  the  amendment  of  the  senator  from  Massa- 
chusetts is  offered  for  the  purpose  of  securing-  to  all  citi- 
zens, irrespective  of  race,  color  or  previous  servitude,  the 
right  to  all  the  benefits  of  common  carriers,  of  hotels,  of 
the  theatres,  of  the  churches,  of  the  schools,  and  of  such 
other  institutions  as  are  organized  or  chartered  by  the 
states,  or  as  are  supported  by  taxes  and  as  are  of  similar 
character.  Our  laws,  as  your  laws,  Sir,'  guarantee  to  every 
man,  without  respect  to  his  color,  the  privilege  of  first- 
class  transportation  .wherever  first-class  transportation  is 
sought- — the  transportation  of  goods,  of  wares,  of  merchan- 
dise— as  freely  for  one  class  as  for  another.  I  hold,  there- 
fore, that  there  is  no  necessity  in  the  first  place  for  any  na- 
tional legislation  for  the  purpose  of  guaranteeing  that 
which  we  already  fully  and  unqualifiedly  possess. 

In  regard  to  the  hotels,  it  is  the  same;  and  every  one  of 
the  citizens  of  Nebraska  who  is  injured  by  a  deprivation  of 
rights  on  the  part  of  the  railroads,  on  the  part  of  any  com- 
mon carriers,  or  on  the  part  of  the  hotel  keepers  of  the 
State,  has  an  action  for  damages,  and  the  courts  are  open, 
ready  to  award  all  that  may  have  been  suffered  in  .damages. 

So  far  as  our  theatres  are  concerned,  Ave  have  never  come 
to  the  conclusion  yet  that  if  our  theatres  should  establish 
rules  and  regulations  by  which  one  portion  of  our  commu- 
nity should  be  excluded  and  another  portion  admitted, it  was 
possible  to  ascertain  by  any  standard  of  damages  we  had 
ever  set  up  just  how  far  a  freeborn  American  citizen  should 
be  entitled  to  damages  in  case  he  should  not  be  admitted 
to  witness  an  exhibition  of  the  performance  of  "the  Black 
Crook!" 

We  never  have  come  to  the  conclusion  yet  that  it  was  nec- 
essary that  the  national  government  should  legislate  in  re- 
gard  to  who  should  be  admitted  to  the  communion  of  our 
churches,  or  what  should  be  the  rule  of  exclusion  there. 

I  therefore  enter  my  protest  against  all  this  species  of 
legislation,  whether  it  be  upon  subjects  specified  in  the 
amendment* of  the  senator  from  Massachusetts,  or  whether 
it  be  involved  in  any  other  bill  touching  this  same  species  of 
rights. 


NEBRASKA  IN  THE  U.   S.    SENATE.  L'4!» 

He  claimed  that  by  this  most  fallacious  and  pernicious 
course,  in  utter  disregard  of  the  reserved  rights  of  the  people 
of  the  states,  the  army  had' appeared  at  the  polls,  and  assumed 
to  direct  state,  municipal  and  national  elections. 

Mr.  President,  I  read  from  the  message  of  Governor 
Geary,  of  Pennsylvania,  to  the  legislature  of  that  state  of 
1871,  page  3S,  to  show  how  far,  in  the  opinion  of  the  execu- 
tive of  a  State,  we  have  already  transgressed  while  march- 
ing- on  the  road  on  which  we  seem  to  be  traveling-  this 
morning-: 

"The  employment  of  United  States  troops  at  elections, 
without  the  consent  of  the  local  and  State  governments,  has 
lately  received  considerable  attention  and  reprehension.  It 
is  regarded  as  an  interference  with  the  sovereign  rights  of 
the  States,  which  was  not  contemplated  by  the  founders  of 
The  general  Government,  and  if  persisted  in,  must  lead  to 
results  disastrous  to  peace  and  harmony.*' 

The  above  Kepublican  authority  was  followed  by  a  Demo- 
cratic utterance.  In  his  message  of  Januarj'  3,  1871,  to  the 
Legislature  of  Xew  York,  Governor  Hoffman  sustained  the 
Governor  of  Pennsylvania  in  his  denunciation  of  Federal  in- 
terference in  State  elections,  and  in  referring  to  the  same 
law  which  Governor  Geary  had  denounced,  said:  "Under 
color  of  this  act,  the  president  and  other  United  States  offi- 
cials claimed  the  rig'ht  to  supervise  the  entire  election,  not 
only  for  representatives  in  congress,  but  for  State  and  local 
officers." 

The  concluding  words  of  Governor  Hoffman's  message  are 
maxims  of  wisdom  and  gems  of  truth  worthy  of  everlasting- 
remembrance: 

"To  depend  for  the  peace  and  order  of  localities" ■ 

I  quote  this  as  especially  applicable  to  the  condition  of 
The  States  over  which  we  propose  to  extend  this  legislation 
to-day: 

"To  depend  for  the  peace  and  order  of  localities  on  the 
Federal  Army  is  not  self-government;  to  substitute  The  reg- 
ular soldier  with  his  musket  as  a  peace  officer  in  place  of  the 
constable  with  his  writ,  is  not  to  preserve  the  peace,  but  to 
establish  the  condition  of  war;  to  surrender  elections  to 
the  control  of  the  president,  supported  by  armed  forces,  is 
to  surrender  liberty  and  to  abandon  a  republic." 

So  say  I  in  regard  to  this  legislation  here,  that  to  appeal 
to  congress  is  not  to  support  self-government;  to  rely  upon 
the  national  arm  to  enforce  the  law  in  regard  to  the  rights 
of  the  people  as  to  common  carriers  and  hotel  keepers  and 
churches    and    cemeteries   is   not   to    rely    upon    the    inborn 


250  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

rights  of  the  American  citizen  for  protection,  but  is  to  go 
away  from  his  local  government,  away  from  his  local  legis- 
lature, and  to  seek  outside  of  the  pale  of  his  own  State  and 
his  own  legitimate  legislative  province  the  protection  of  the 
central  power  of  the  Union. 

At  this  point  of  his  speech,  Mr.  Tipton  presented  a  list  of 
the  names  of  fifty-four  supervisors  and  special  deputies  ap- 
pointed by  Judge  Woodruff  of  the  United  States  Circuit  Court 
of  New  York,  to  enforce  the  above  mentioned  law,  which  was 
read  by  the  clerk  of  the  Senate.  These  officers  were  divided 
among  jail-birds,  penitentiary  convicts,  thieves,  burglars,  rob- 
bers, keepers  of  low  dives  and  houses  of  ill  fame,  showing  be- 
yond a  possibility  of  a  doubt  that  a  law  was  considered  in- 
famous when  such  degraded  characters  were  called  on  to 
enforce  it. 

ARMY. 

Mr.  Tipton  called  attention  to  the  fact  that  the  army  had 
adopted  the  doctrine  of  the  supreme  authority  of  the  military 
over  the  civil  power,  as  illustrated  after  the  great  fire  in  Chi- 
cago; in  which  a  military  commander,  in  utter  defiance  of  the 
Governor  of  the  State,  and  without  shadow  of  law,  organized 
troops  and  held  control  against  the  protest  of  Governor  Pal- 
mer, which  was  in  the  following  words:  "That  the  duty  of  the 
president  is  to  see  that  the  laws  of  the  United  States  are  en- 
forced, and  that  of  the  Governor  of  Illinois  is  confined  to  the 
enforcement  of  the  laws  of  the  State."  The  Governor  declared 
•'The  disastrous  fire  in  Chicago  did  not  relieve  the  state  of  Illi- 
nois from  any  of  its  duties,  nor  transfer  any  of  them  to  the 
Government  of  the  United  States."  But  notwithstanding  all 
his  efforts  to  vindicate  the  dignity  of  the  State,  Governor  Pal- 
mer asserted,  more  in  sorrow  than  in  anger,  "Military  officers 
seem  to  believe  that,  under  our  system  of  government,  it  is  a 
part  of  the  duty  of  the  officers  of  the  army  to  superintend  the 
administration  of  the  local  governments.-'  Said  Mr.  Tipton, 
'The  point  I  make  is  this,  that  when  we  have  legislated  so 
recklessly,  the  army  has  followed  us  equally  as  heedlessly  and 


NEBRASKA  IN  THE  U.   S.   SENATE.  251 

Federal  office-holders,  taking  example,  have  set  themselves  up 
also,  with  as  much  despotic  arrogance  as  the  military  has  ever 
assumed." 

OFFICIAL    CORRUPTION. 

On  official  corruption  he  quoted  largely  from  the  Message  of 
Governor  Warmoth,  of  Louisiana,  January,  1872,  in  which  that 
Republican  Governor  said: 

In  a  time  of  profound  peace,  without  any  competent  au- 
thority, or  the  least  necessitjr,  and  without  consultation 
with  or  the  consent  of  the  State  aiithorities,  the  United 
States  officials  here,  in  violation  of  law,  convoked  a  political 
convention  in  the  custom-house  in  New  Orleans,  and  this 
against  the  wishes  and  in  the  face  of  the  solemn  protest 
of  a  large  majority  of  the  convention.  The  doors  of  the 
custom-house  were  locked  and  barred  for  a  day,  and  the 
whole  business  public  who  had  interests  there  were  ex- 
cluded. United  States  deputy  marshals,  selected  in  many 
instances  from  rough  and  lawless  characters,  were  especially 
deputized  for  the  occasion,  armed  with  loaded  revolvers, 
and  stationed  within  the  building  and  around  the  United 
States  court  room  designed  for  the  convention.  The  United 
States  marshal  previously  declared  that  they  should  be  so 
stationed  within  the  convention  itself. 

The  United  States  troops  were  drawn  up  in  the  custom- 
house. Their  very  presence  was  an  alarming  attack  upon  the 
right  of  public  assemblage,  and  upon  every  tradition  and 
principle  of  American  liberty.  I  cannot  suffer  it  to  pass  by 
without  entering  against  it  my  solemn  protest,  and  inviting 
you  most  seriously  to  join  with  me  in  asking  the  national 
Government  to  investigate  the  outrages  of  its  subordinate 
officers  and  to  punish  the  guilty  parties. 

In  .addition  the  Governor  detailed  a  greater  outrage,  as  fol- 
lows: 

At  the  moment  of  the  assembling  of  the  House  of  Kepre- 
sentatives  a  number  of  United  States  marshals  armed  with 
warrants  from  a  United  States  Commissioner,  based  on  a 
frivolous  affidavit  of  members  of  the  conspiracy,  suddenly 
arrested  eighteen  Representatives,  four  Senators  and  the 
Governor  and  Lieutenant  Governor.  The  revenue  cutter 
Wilderness  has  been  employed  to  take  the  conspirators  be- 
yond the  jurisdiction  of  the  sergeant-at-arms. 


252  NET'.KASKA    STATE    HISTORICAL    SOCIETY. 

SAN    DOMINGO. 

Saving  submitted  a  vast  array  of  evidence  which  could  not 
he  questioned,  and  never  -was,  with  a  lively  remembrance  of 
i  lie  struggle,  just  then  passed,  over  the  effort  to  annex  San 
Domingo,  when  New  York  landsharks  and  White  House  offi- 
cials used  war  steamers  to  intimidate  Hayti,  Mr.  Tipton  closed 
liis  discussion,  as  follows,  referring  to  General  Grant: 

In  forming-  a  treaty  he  was  "the  Chief  Magistrate,"  in  de- 
claring- Avar  he  was  "the  Congress  of  the  United  States,"  and 
in  "using-  all  his  influence  privately*'  to  forestall  the  Senate 
decision  as  per  agreement  of  Babcock  and  Baez,  he  became 
a  lobbjnst  in  the  outer  halls  of  the  Capitol. 

Thus.  Mr.  President,  do  we  see  to-day  not  absolute  an- 
archy running-  wild  in  our  own  country  at  home,  but  an 
utter  disregard  of  the  States,  and  utter  disregard  of  the  will 
of  the  people,  the  setting-  up  of  Congress  in  its  legislation 
high  above  the  authority  of  the  people's  constitutions;  the 
army  vying  with  Congress  and  the  office-holders  vying-  with 
ihe  army  in  doing  whatever  may  seem  good  to  them  in  their 
judgments  in  order  to  accomplish  the  ultimate  but  impossi- 
ble object  of  the  elevation  again  of  a  Chief  Magistrate  who 
has  thus  united  with  the  army  and  Cong-ress  and  office-hold- 
ers until  the  nation  revolts,  and  will  yet  register  its  edict  of 
revolt. 

After  the  churches  and  schools  and  cemeteries  were  released 
from  the  penalties  of  the  Sumner  amendment,  the  bill  was 
passed,  to  supervise  common  carriers,  hotels,  theaters  aud 
other  places  of  amusement,  the  Nebraska  Senator  voting-  in  the 
negative.  In  a  few  years  his  vote  was  vindicated,  by  a  decision 
of  the  Supreme  Court  of  the  United  States,  declaring  the  law 
unconstitutional. 

TEMPEST    IN    A    TEAPOT. 

Fifty  years  ago  the  cry  went  out  from  Washington  that  a 
democratic  president,  Mr.  Van  Buren,  had  "gold  spoons'"  upon 
his  table  at  the  White  House.  The  country  was  horrified,  and 
the  orator  who  described  the  digression  from  primitive  sim- 
plicity to  European  aristocratic  extravagance,  was  ever  after 
known   as   "Spooney   Ogle,*'  his  name   being   Charles   Ogle,   of 


NEBRASKA  IN  THE  U.  S.  SENATE.  253 

Pennsylvania.     Never   since   government    was    established   on 
earth  was  there  such  an  exciting  campaign  as  that  of  1840. 

•  The  Whigs  nominated  General  Harrison,  and  adopted  the  em- 
blem of  the  log  cabin,  decorated  with  coon  skins,  hard  cider 
barrels,  latchstring  hanging  out  and  chimney  half  burned  away. 
The  political  cyclone  was  irresistible,  and  Hail  Columbia  and 
Yankee  Doodle  were  shelved  for  an  introduction  to  a  tempest 
in  a  teapot. 
,  On  the  7th  day  of  January,  1874,  the  question  of  repealing 
a  bill  regulating  congressmen's  salaries,  passed  in  a  preceding 
session,  was  before  the  senate.    The  law  in  question  had  placed 

'  salaries  at.  $7,500  per  year,  but  had  taken  away  excessive  mile- 
age, put  a  limit  on  stationery  and  left  members  without  the 
fianking  privilege.  Previously  a  senator  from  Oregon  might 
receive  $7,500  in  pay  and  mileage,  where  one  from  Maryland 
could  only  draw  $5,000,  his  mileage  being  so  small.  The  law 
had  been  made  to  act  back  to  the  beginning  of  the  session 
and  thus  raised  the  salaries  of  that  present  congress.  But  as 
"congress  was  the  only  power  that  could  establish  salaries,  the 
question  of  when  an  act  should  take  effect  was  one  for  their 
own  discretion,  and  in  this  case  they  followed  universal  pre- 
cedent. It  was  not  a  party  vote  that  had  established  the  laws, 
but  the  democratic  party  were  attacking  the  republicans  for 
extravagance  and  a  portion  of  the  republican  press  was  preach- 
ing economy  and  hence  they  vied  with  each  other  in  denounc- 
ing the  new  law  as  a  "salary  grab."  Some  senators  who  had 
always  received  their  pay  in  this  manner  before  became  sud- 
denly virtuous  and  turned  the  "back  pay"  into  the  treasury, 
others  promising  their  constituents  that  if  forgiven  they  would 
vote  for  the  repeal  of  the  law,  and  others  asked  to  be  instructed 
so  they  could  do  the  will  of  their  political  friends.  In  the  next 
general  election,  after  the  new  enactment,  the  party  in  power 
lost  members  of  congress  and  assembled  at  Washington  to 
make  speedy  atonement. 

To  this  state  of  affairs  Mr.  Tipton  alluded  in  the  subjoined 
extract  in  reply  to  a  correction  made  by  a  senator  from  Iowa: 


25  I  NEBRASKA-   STATE    HISTORICAL    SOCIETY. 

^Vllat  causes  me  then  to  have  an  oblivious  condition  of 
mind  on  this  subject,  results  from  the  fact  that  during  all 
the  campaign  I  understood  by  the  public  press,  and  the  pub- 
lic press  must  be  respected,  that  the  senator  from  Iowa  was 
making-  an  atonement  for  the  past,  and  would  come  here  in 
hot  haste  and  get  here  about  twenty-four  hours  probably 
before  the  senate  would  convene,  in  order  to  get  a  bill  in 
first  on  this  subject  to  put  him  right  before  the  country. 
I  thought  probably,  therefore,  that  he  had  something  to 
atone  for,  as  he  was  in  such  hot  haste,  and  I  should  not  be 
astonished,  from  the  manner  in  which  his  bill  came  here, 
if  he  had  privately  suggested  to  the  chaplain  of  the  senate 
to  be  as  brief  as  possible  for  fear  somebody  else  would  cut 
under  him  and  get  another  bill  in  first. 

Mr.  Tipton  believed  from  the  first  that,  unless  a  change  was 
made  in  salaries,  poor  men  were"  doomed  to  stay  at  home,  and 
millionaires  occupy  the  senate  and  house;  and  hence  when  a 
proposition  came  up  to  take  back  by  future  legislation  what 
members  had  received  by  express  law  there  was  no  alternative 
but  to  use  recorded  facts,  "without  fear,  affectation  or  favor." 

SENATORS  ON  THE  RACK. 

In  order  to  show  that  the  retroacting  clause  of  the  law  was 
not  the  cause  of  the  public  clamor  he  pointed  to  the  fact  that, 
from  the  foundation  of  the  government  to  the  present  time, 
every  such  law  had  acted  back  upon  the  congress  in  which  it  was 
] »assed.    Mr.  Tipton: 

I  say,  therefore,  unhesitating-  and  positively,  that  the  at- 
tack upon  the  integrity  of  congress,  of  being  thieves  and 
plunderers  of  the  treasury,  was  not  on  account  of  any  pe- 
culiarity of  the  law.  Did  any  man  dare  before  last  spring 
charge  the  present  vice  president,  Mr.  Wilson,  with  being  a 
salary  grabber  and  back-pay  plunderer?  Never!  and  yet  it 
is  upon  record  that  in  1856  his  extra  pay  amounted  to  $2,168. 
Time  rolled  on,  and  in  1866  again  he  received  back  pay,  $2,- 
S05,  and  with  the  back  pay  of  those  two  laws,  amounting  to 
$5,000,  in  his  pockets,  he  was  triumphantly  elected  vice 
president  of  the  United  States. 

How  had  it  fared  with  other  gentlemen?  Have  the  people 
of  Ohio  attempted,  at  any  time,  to  drive  from  his  seat  the 
gentleman  who  has  just  addressed  the  senate  (Mr.  Sherman) 


NEBRASKA  IN  THE  U.  S.  SENATE.  255 

because  in  1866  he  received  back  pay  to  the  amount  of  $2,- 
805?  No!  Rather  they  have  given  him  their  confidence,  and 
left  the  pay  attaching  to  his  personal  goods  and  chattels. 

How  has  it  fared  with  the  honorable  senator  from  Rhode 
Island,  Mr.  Anthony?  In  1866  he  received  $2,805  back  pay, 
and  he  has  received  the  constant  unfaltering  affection  and 
sustaining  influence  of  his  constituency. 

The  honorable  senator  from  Michigan,  Mr.  Chandler,  in 
1866  received  $2,805,  and  instead  of  being  denounced  for  hav- 
ing back  pay  has  received  the  appellation  of  the  War  Sena- 
tor of  the  United  States. 

Where  is  Hendricks,  of  Indiana,  once  a  member  on  this 
floor,  who  received  $2,805  in/ 1866?  He  is  the  honored  execu- 
tive of  the  great  state  of  Indiana. 

Go  to  the  cabinet  of  the  president. 

Is  there  one  there  who  has  not  pocketed  his  back  pay? 

The  Postmaster  General  in  1866  received  $2,805,  and  from 
that  time  to  this  has  been  honored,  or  has  reflected  honor 
on  the  state  of  Maryland. 

The  Attorney  General  has  $2,805  paid  him  as  a  senator. 

The  Secretary  of  State,  who  has  carried  himself  so  well 
in  his  high  office,  received  $2,237  as  a  senator  in  1856. 

I  say,  therefore,  that  I  cannot  for  one  moment  believe 
that  it  is  owing  to  the  retroactive  feature  of  that  law  that 
members  of  congress  have  been  denounced. 

The  financial  condition  of  the  country  was  far  better  than  in 
1866.  Mr.  Tipton  believed  that  the  fact  that  certain  senators 
hastened  to  denounce  the  law  and  turn  their  extra  portion  un- 
der the  law  into  the  treasury,  had  given  them  credit  for  con- 
scientiousness to  which  they  were  not  entitled  and  cast  dis- 
credit on  their  honest  associates.    He  said: 

Almost  the  first  man  to  present  himself  was  our  honored 
vice  president.  Under  the  pressure  and  clamor  he  returned 
$4,448.  Then,  as  a  matter  of  course,  they  would  go  to  the 
honorable  senator  from  Indiana  and  say,  "Now  sir,  your 
chief,  the  vice  president  of  the  United  States,  has  made  a 
clean  breast  of  it;  he  has  returned  to  the  treasury  $4,448;  he 
did  it  on  his  own  conscience;  he  felt  that  a  wrong  had  been 
perpetrated;  and  as  he  expected  and  desired  happiness  here- 
after, he  felt  that  he  would  not  be  entitled  to  it  if  he  en- 
tered heaven  with  this  amount  of  blood  money  upon  his 
skirts.  Now,  if  you  have  drawn  yours,  will  you  not  return 
it  also?"  That  is  the  manner  in  which  the  appeal  was  made. 
Poor  fool,  was  he,  who  made  the  appeal!     Did  he  not  know 


256  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

that  our  vice  president  had  never  given  it  back  as  a  matter 
of  conscience  at  all?  that  he  smiled  at  the  idea  of  conscience 
lucause  he  happened  to  have  in  one  vest  pocket  $2,178  of 
back  pay  under  the  law  of  1856  and  $2,800  under  the  law  of 
1866?  He  retained  $5,000  and  returned  $4,S00;  and  yet  it  an- 
swered; it  was  the  vindication,  it  was  the  tub  thrown  to  the 
whale;  it  was  the  purchase  of  popularity,  which  the  people 
said  would  accrue  if  he  would  please  set  the  example  just 
this  once.  "Please  fork  over  now;;  under  charge  of  'salaiw 
grabber,'  please  disgorge."  That  will  give  us  an  opportunity 
of  appealing  to  other  senators.  And  senator  after  senator 
Avalked  up  and  said,  "Present  your  contribution  box,"  and 
deposited  his  pay. 

The  people  were  deceived,  there  was  no  conscience  in  the 
act. 

Having  followed  the  precedents  of  seventy-five  years  and 
duplicated  the  votes  of  senators  who  had  cast  them  on  two 
different  occasions  before,  Mr.  Tipton  felt  that  new  senators 
were  treated  in  an  infamous  manner  when  abandoned  by  those 
of  whom  he  had  received  instruction;  and  hence  he  uttered  the 
following: 

Mr.  President,  if  the  people  had  not  been  misled,  they 
might  have  said  this  frankly:  "Gentlemen,  you  have  fol- 
lowed the  precedents  that  we  have  set  for  seventy-five 
years;  but  hereafter  we  would  prefer  that  a  new  precedent 
should  be  established  on  the  subject."  Under  these  circum- 
stances we  could  have  met  them  and  discussed  calmly  and 
dispassionately  the  propriety  of  a  new  precedent;  but  when 
men  approached  us,  and  denounced  us  for  an  act  of  infamy, 
when  we  could  retort,  "your  precedents  were  our  guide," 
they  would  have  observed  a  different  course  had  they  been 
misled. 

Mr.  President,  after  the  charge  had  been  made  of  corrup- 
tion among  the  highest  officials  of  the  government;  after 
the  Credit  Mobiliier  investigation  had  gone  forth  the  people 
were  ready  to  receive  anything  that  slander  might  dictate 
or  a  mistaken  fancy  furnish. 

Some  of  the  most  popular  senators  failed  of  re-election,  and 
though  they  went  down  frowning,  came  up  smiling  in  future 
campaigns  and  always  having  a  vivid  appreciation  of  the  phrase 
— "After  that — the  fireworks."  The  members  from  Nebraska 
in  the  senate  voted  for  the  law,  when  passed,  and  received 


NEBRASKA  IN  THE  U.  S.   SENATE.  257 

their  pay  under  it  and  Mr.  Tipton  voted  against  repeal,  con- 
cluding a  speech  with  the  following: 

"I  shall  vote  against  all  amendments,  and  especially  most 
heartily  against  the  amendment  of  the  honorable  senator 
from  Indiana  (Mr.  Morton) .  If  his  popularity  in  the  state 
of  Indiana  bears  any  comparison  to  the  magnitude  and  mag- 
nificence of  his  physical  contour,  he  needs  no  such  species 
of  legislation  as  this  to  hold  him  in  the  cords  of  affection; 
but  if  there  is  a  standard  that  is  to  regulate  prices  in  con- 
gress for  members  from  Indiana,  I  beg  him  to  recollect  that 
though  he  is  here  the  concentrated  and  embodied  manifesta- 
tion of  health,  perhaps  a  less  salary  than  ordinary,  might 
attach  to  the  remains  of  such  a  citizen  as  had  escaped  or 
been  left  from  the  ravages  of  the  Wabash  ague." 

mr.  tipton's  farewell  speech! 

On  the  12th  day  of  January,  1875,  one  and  a  half  months  be- 
fore the  expiration  of  his  term,  in  the  43d  congress,  the  omni- 
present Louisiana  case  was  before  the  senate.  Senator  Howe, 
of  Wisconsin,  had  the  floor,  and  was  to  be  followed  by  Mr. 
Tipton,  and  he  to  be  succeeded  by  General  Logan,  of  Illinois. 
But  inasmuch  as  some  of  the  General's  constituents  were  in 
the  city  and  desired  to  hear  him,  Mr.  Tipton  yielded  to  his  re- 
quest and  gave  him  the  right  of  way,  especially  as  he  promised 
to  give  the  Nebraska  senator  "something  to  stir  him  up  and  to 
answer." 

For  two  days  the  general  ranged  the  field  of  discussion  and, 
like  Olympian  Jove,  commingling  earth  and  heaven,  dealt  out 
eulogies  upon  friends  and  defiance  and  political  death  to  all 
opposers.  Mr.  Howe  closed  his  speech  by  comparing  the  Re- 
publican party  to  a  sailing  vessel, — "If  the  ship  goes  down  be- 
fore the  voyage  is  ended,  I  propose  to  go  down  with  it."  The 
peroration  of  the  general  was  in  the  same  strain,  while  his 
inspired  vision  was  cheered  by  the  motto  flaming  from  her 
side, — "Freighted  with  the  hopes  of  mankind."  Following 
such  a  display  of  oratorical  pyrotechnics,  Mr.  Tipton  essayed 
to  satisfy  the  general  that  he  had  succeeded  in  "stirring  him 
up,"  and  inasmuch  as  the  Nebraska  senator  had  previously 
spoken  upon  the  Louisiana  case  in  all  its  bearings,  he  was  de- 
is 


258  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

lighted  with  the  "free  and  easy"  range  allowable  in  following 
the  general,  and  was  ready  to  decorate  the  statue  of  tragedy 
with  the  garlands  of  comedy.  Quiet  being  restored,  he  pro- 
ceeded. 

INTRODUCTION. 

Mr.  President,  I  feel  grateful,  in  view  of  the  speech  of  the 
Senator  from  Illinois  (Mr.  Logan),  that  he  did  not  go  into 
the  rebellion.  What  a  power  he  would  have  been  against 
us  if  he  had  ever  landed  there!  I  am  happy  that  he  entered 
earl3"  into  the  cause  of  the  Union  and  stood  by  the  flag 
throughout  the  war.  I  am  happy  of  another  thing,  and  it  is 
this,  that  Demosthenes  died  so  early  so  that  he  cannot  come 
in  competition  with  the  honorable  Senator  for  the  garland 
of  universal  approbation  as  a  close  and  logical  orator. 
[Laughter.] 

Sir,  the  honorable  Senator  from  Illinois  yesterday  told  us 
that  he  was  a  sailor  and  gave  us  a  delineation  of  what  was 
a  sailor's  duty.  I  have  since  discovered  that  he  was  not  only 
a  sailor,  but  that  the  highest  evidence  that  we  have  of  his 
nautical  ability  is  simply  the  manner  in  which  he  sails  in,  and 
further,  that  the  kind  of  vessel  that  he  has  commanded  for 
the  last  two  days  is  a  mud  scow,  a  dredge  boat,  only  fit  to 
operate  upon  the  Missouri  or  the  murky  Mississippi  washing 
his  own  State.     [Laughter.] 

I  have  further,  however,  to  congratulate  him  on  the 
amount  of  aid  that  came  to  his  relief  on  yesterday.  The 
honorable  Senator  from  New  York  (Mr.  Conkling)  visited 
the  Senator  on  the  floor  yesterday,  I  suppose  to  give  him  aid 
and  sympathy  and  to  prompt  him  where  it  might  be  neces- 
sary. That  was  all  right  and  proper.  And  while  I  had  a  lit- 
tle feeling  on  the  subject  for  a  moment,  thinking  this  was 
ex-officiousness  on  the  part  of  his  friends,  I  was  consoled 
with  the  remembrance  that  after  the  4th  of  March  that 
honorable  Senator  wall  be  checkmated  in  this  body  by  a 
democratic  colleague. 

I  believe  that  the  honorable  Senator  from  California  (Mr. 
Sargent)  also  visited  the  honorable  Senator  from  Illinois, 
stepped  into  the  wheel-house  in  order  to  suggest  something 
in  regard  to  the  navigation  of  the  vessel.  I  allow  him  what 
enjo.yment  he  can  gain  from  assisting  in  navigating  the  ves- 
sel at  the  present  time,  for  he,  too,  is  to  be  checkmated 
after  the  4th  of  March  with  an  independent  republican  col- 
league from  the  state  of  California.  Then  there  will  be 
some  other  gentlemen  navigating  crafts. 

I  also  discovered  yesterday,  Mr.  President,  that  the  hon- 


NEBRASKA  IN  THE  U.   S.   SENATE.  259 

orable  Senator  from  Minnesota  (Mr.  Wind-om)  felt  it  neces- 
sary to  do  something  for  the  benefit  of  this  Illinois  naviga- 
tor; and  therefore  the  honorable  Senator  (Mr.  Wind-om) 
advanced  and  furnished  him  with  the  wind  at  a  time  when 
he  seemed  to  be  in  a  critical  condition.  [Laughter.]  And 
when  the  day  had  far  disappeared,  and  when  the  hour  for 
Intch-mg  up  the  boat  had  come,  before  she  was  yet  up  to 
the  shore,  my  colleague  over  the  way,  Mr.  Hitch-cock,  ad- 
vanced and  seized  the  cable  and  carried  it  out  on  shore,  and 
thus  they  landed  the  gentleman's  craft  last  evening,  and 
then  he  commenced  to  wood  and  water  for  another  sail  to- 
day. From  the  length  of  time  that  the  vessel  has  run  to-day, 
I  fancy  that  the  wood  has  been  of  the  product  of  the 
Mississippi  Valley,  cotton  wood,  and  produced  very  little  val- 
uable steam. 

He  told  us  yesterday,  if  I  remember  correctly,  that  he 
would  discuss  the  subject  in  a  just  and  honest  and  legal 
manner.  Mr.  President,  if  his  notes  had  been  written  on 
legal  cap  he  might  have  made  some  claim,  and  just  that 
much,  to  a  legal  argument. 

All  our  opponents  seem  to  have  taken  to  the  water  lately. 
The  honorable  Senator  from  Wisconsin  (Mr.  Howe)  told  us 
the  other  day  that  he,  too,  w-as  on  a  ship,  and  he  told  us  he 
was  going  down  with  the  ship.  I  do  not  doubt  his  veracity; 
I  think  that  is  a  fact  [laughter],  and  all  I  have  to  say  is  the 
greater  pity  for  the  ship,  unless  he  has  heretofore  been  a 
pirate,  and  then  it  serves  her  right  to  let  them  go  down 
with  her. 

But  there  seems  to  be  no  safety  on  land  since  the  October 
and  November  elections,  for  balloting  is  generally  done  on 
land.  The  honorable  Senator  from  Illinois  thought  he 
needed  the  aid  of  other  friends  this  morning-.  After  he  had 
put  in  evidence  here  everv^thing  but  Webster's  Dictionary, 
and  would  have  put  that  in  only  it  changes  the  subject  so 
often — [laughter] — after  he  had  done  that  he  calls  upon  the 
Senator  from  New  Jersey  (Mr.  Frelinghuysen)  and  asks  him 
if  he  has  any  old  letter  about  him  or  anything  of  the  kind 
that  he  w^ould  furnish.     [Great  laughter.] 

The  Vice  President:  Persons  on  the  floor  of  the  Senate 
will  preserve  order  or  the  floor  will  be  cleared. 

FRAUDS. 

Mr.  Tipton:  Mr.  President,  the  honorable  Senator  from 
Illinois  made  yesterday  and  to-day  the  Point,  with  a  great 
degree  of  force  and  energy,  that  certain  audacious  editors 
are  charging  that  there  have  been  frauds  committed  in  this 
country.     So   far  as  that  question   of  frauds  is  concerned, 


260  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

frauds  at  the  ballot  box.  frauds  of  other  characters.  1  have 
this  to  say:  I  take  the  statement  of  the  honorable  Senator 
that  he  is  capable — and  he  demonstrates  in  the  manner  in 
which  he  has  done  it  the  fact  that  he  is  capable — of  grap- 
pling- with  the  question  of  fraud,  for  I  have  at  my  desk  a 
congressional  report  with  the  evidence  of  one  who  was  ex- 
amined in  this  Louisiana  case;  and  after  the  man  had  sworn 
that  he  had  committed  frauds  too  great  for  belief,  only  for 
the  apparent  honesty  of  the  witness,  when  he  was  inter- 
rogated by  the  honorable  Senator  as  to  where  he  learned 
ballot-box  stuffing,  "Why,"  said  he,  "General,  in  your  State 
and  your  district."  [Laughter.]  Therefore  I  have  no  doubt 
but  that  the  honorable  Senator  is  very  well  prepared  to  dis- 
cuss the  question  of  fraud. 

CAUCUS    TYRANNY. 

Mr.  President,  the  honorable  Senator  from  Illinois  has 
been  very  much  excited  because  somebody  has  talked  about 
the  oppression  of  the  republican  party.  Very  well;  he  only 
can  speak,  I  suppose,  for  the  body  that  he  is  connected  with 
in  this  chamber.  Two  years  ago  he  gave  you  his  opinion  of 
the  tyranny  of  the  republican  party  in  the  Senate,  and  if  he 
had  been  connected  with  the  army  he  might  have  discussed 
the  character  of  army  officers;  if  he  had  been  connected 
with  office-holders  outside  he  might  learnedly  have  dis- 
cussed their  characters.  But  he  was  intimate  with  the  Sen- 
ate and  he  knew  that  the  Senate  stood  here  the  great  cor- 
recting instrumentality  of  the  republican  party  of  the  coun- 
try,  and  he  turned  his  attention  to  the  Senate;  and  I  will 
give  the  country  the  benefit  to-day  of  his  deliberate  opin- 
ion on  the  subject  of  what  the  republican  party  was  just 
two  years  ago.  The  honorable  Senator  then  said  in  a  speech 
in  this  chamber:  "By  calling  your  little  meetings  and  seek- 
ing to  direct  everybody  no  man  can  be  an  independent  man 
in  this  Senate."  I  think  his  course  in  this  debate  has  illus- 
trated his  opinion  of  it  two  years  ago.  "No  man,"  said  he 
L  then,  "can  be  an  independent  man  in  this  Senate." 

A   HELL   OP    A    FELLOW. 

Here  a  vast  amount  of  official  testimony  was  produced  show 
ing  that  the  same  policy  of   coercion  was  invoked  again   at 
Louisiana  which  was  attempted  against  Georgia,  Mississippi 
and  Virginia.    Mr.  Tipton  then  said: 

The  witness  testifies  that  they  got  up  affidavits  before  the 
election  was  over,  and  filled  them  up  in  blank,  and  carried 
them  out  over  the  whole  country;  and  one  of  the  witnesses 


NEBRASKA  IN  THE  U.   S.    SENATE.  261 

swears  that  General  Sypher's  brother  wrote  to  him  and  said, 
"The  General  is  lacking  about  three  hundred  votes,  I  think"; 
and  then  he  starts  out  to  supply  the  deficiency,  and  after 
he  comes  in  the  board  is  in  session,  and  he  enters  with  thir- 
teen hundred  forged  and  perjured  certificates;  and  when  he 
comes  up  with  that  armful  of  certificates  and  lays  them 
down  before  the  august  and  honest  returning  board  of 
Lotnsiana,  they  ask  him,  "How  many?"  "Why,"  said  he, 
'thirteen  hundred."  "Why,"  said  they  to  him,  "Jacques, 
you're  a  hell  of  a  fellow."  [Laughter.]  Said  he,  "George,  if 
you  want  any  more,  I  can  have  you  some  by  to-morrow 
morning  at  ten   o'clock."     [Laughter.] 

UNDER  THE  FOOT  OF  A  FEDERAL  JUDGE. 

The  President  sent  them  the  military.  What  came  of 
that  ?  You  know  what  came  of  that.  Judge  Durell,  the  aged 
and  venerable — for  they  say  he  is  too  old  to  impeach  now, 
and  he  goes  free — Judge  Durell  put  on  his  legal  cap  and 
came  to  the  conclusion,  as  soon  as  they  told  him  that  the 
president  allowed  the  army  to  aid  the  marshal  to  enforce 
the  mandates  of  a  court,  that  he  would  allow  them  to  do  the 
rest.  Then  he  says  by  his  action,  "Let  it  be  so;  let  the 
troops  be  stationed  in  the  state  house  of  Louisiana."  Where 
did  he  make  the  decision?  He  never  had  a  court  organized 
to  do  it;  he  never  had  a  clerk  near  him  to  put  the  seal  of  the 
State  to  it.  He  went  into  his  garret,  and  there,  I  hope  with- 
out even  the  light  of  a  tallow  dip,  in  darkness — and  yet  he 
thought  he  saw  very  clearly — said,  "Let  the  military  at  two 
o'clock  go  into  the  state-house  and  occupy  it."  No,  he  did 
not  fix  the  time;  he  left  it  to  their  discretion,  because  he 
thought  they  could  not  get  there  before  three;  but  they  got 
in  at  two.  The  morning  dawned,  and  the  Army  of  the  United 
States  had  control  of  a  state-house;  and  a  set  of  unmitigated 
political  villians,  cutthroats  of  the  first  water,  had  concocted 
a  list  of  members  to  go  in  under  the  dictation  of  the  United 
States.  They  walked  in;  they  took  possession  of  that  hall. 
Then  came  a  protest  long  and  loud;  but  no,  that  legislature 
promised  to  send  a  republican  to  sit  over  there  where  Kel-  •  . 
logg  had  abandoned  his  seat  and  they  proposed  to  send  an- 
other republican  for  six  years.  We  waited.  They  set  their 
mill  to  grinding  and  then  produced  two  senators  in  a  short 
time.  But  the  people  of  Louisiana,  where  were  they?  The 
Senator  from  Wisconsin  (Mr.  Carpenter)  said  they  were  un- 
der the  foot  of  a  Federal  judge.  That  Senator  is  not  a 
liberal  republican;  that  Senator  is  not  a  democrat  in  his 
political  affiliation.  He  is  the  Vice  President  of  the  United 
States  pro  tempore  whenever  our  worthy  presiding  officer  is 


262  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

absent.  The  highest  honors  in  the  gift  of  the  Senate  of  the 
United  States  are  showered  upon  him.  He  said  here  last 
summer, — and  how  sad  he  said  it,  how  tenderly  he  said  it, — 
"They  put  the  state  of  Louisiana  under  the  foot  of  a  Federal 
judge";  and  there  were  my  countrymen  and  there  were  your 
countrymen.  Had  they  one  particle  of  American  spirit  about 
them,  how  long  would  you  expect  them  to  remain  under  the 
foot  of  a  Federal  judge?  The  time  came;  the  army  of  the 
United  States  was  withdrawn  and  a  glorious  revolution  took 
place  which  shall  make  the  names  of  the  actors  immortal  in 
all  time  to  come.  All  as  one  man  rose  up;  they  struck  for 
the  rights  of  a  State  under  the  foot  of  a  Federal  judge. 
Thank  Heaven,  not  long.  They  rose  in  their  might,  and  had 
the  honorable  Senator  himself  been  governor  of  Lousiana  he 
too  would  have  been  in  ignominious  flight  under  the  pro- 
tection of  Brother-in-law  Casey  in  the  custom-house.  It  was 
a  people  rising  up  who  were  under  the  foot  of  a  Federal 
judge.  I  glory  in  their  patriotism.  I  stand  here  to  claim 
what  honor  I  may  in  being  the  advocate  of  a  people  who  dis- 
posed of  an  act  of  tyranny,  forgeiw,  and  perjury,  but  never 
broke  in  spirit  for  a  moment — waited  until  in  God's  good 
time  an  opportunity  should  offer. 

PRESIDENT    LOANS    THE    ARMY. 

When  he  gave  them  the  army  two  years  before,  it  was 
precisely  on  this  same  basis.  They  said  to  the  President, 
"There  are  rumors  that  there  may  be  difficulties,  and  we 
therefore  ask  you  for  the  use  of  the  army."  Here  he  says 
they  satisfied  him  that  there  might  be  difficulty  and  that 
they  might  want  an  army;  and  as  he  had  an  army,  in  the 
kindness  of  his  disposition  to  his  political  friend,  the  gov- 
ernor of  Louisiana,  he  says:  "Certainly  keep  the  army  there 
and  perhaps  an  opportunity  may  offer  when  I  may  be  able 
to  use  it."  He  seems  to  have  desired  that  his  soldiery  should 
not  rust  out  for  want  of  use,  and  that  whenever  there  is  an 
opportunity  for  them  to  do  something  they  should  be  on 
hand,  that  the  governor  should  have  the  privilege  without 
any  requisition  of  the  President,  according  to  the  constitu- 
tion, to  use  the  army.  Therefore  we  have  it  understood  that 
that  use  of  the  army  was  given  upon  the  same  old  basis  of 
^'Use  it  at  your  pleasure  and  return  it  when  you  are  done 
with  it."  How  does  that  agree  with  the  Constitution  of  the 
United  States? 

STATE    ELECTIONS. 

Here  the  startling  doctrine  is  announced  for  the  first  time 
officially  in  the  history  of  this  country  that  the  United  States 


NEBRASKA  IN  THE  U.  S.  SENATE.  263 

courts  have  jurisdiction  over  state  elections.  If  state  elec- 
tions are  not  exclusively  the  privilege  of  the  people,  then 
what  are  our  liberties  worth?  You  tell  me  I  may  cast  my  vote 
as  a  freeman.  After  that  vote  is  cast  it  must  be  counted.  That 
vote  for  a  state  officer  must  be  counted  and  ascertained  by 
the  authority  of  the  individual  state.  After  that  vote  has 
been  ascertained  by  the  authority  of  the  individual  state, 
then  the  persons  elected  under  it  must  be  permitted  to  hold 
their  offices;  and  if  a  contest  arises,  the  State  courts  are  the 
only  tribunals  to  which  the  question  can  be  referred  for 
adjudication;  it  may  be  perhaps  by  mandamus,  it  may  be  per- 
haps by  the  writ  of  quo  warranto;  but  in  all  cases  it  must  be 
to  the  court  of  my  own  individual  state.  If  I  am  elected  a 
member  of  the  legislature,  I  have  the  right  under  the  consti- 
tution to  be  the  judge,  with  my  fellow  members,  of  who  are 
eligible  to  seats  in  that  body. 

CALL    OFF    THE    DOGS. 

When  it  was  charged  that  the  Speaker  of  the  Democratic 
House  of  Louisiana  had  called  for  protection  of  Federal  troops, 
Mr.  Tipton  disposed  of  the  charge  thus: 

But  if  General  De  Trobriand  had  called  at  the  private  resi- 
dence of  Speaker  Wiltz  and  if  General  De  Trobriand  had 
been  on  a  hunting  excursion,  as  southern  gentlemen  some- 
times are,  and  if  his  pack  of  hounds  had  followed  him  to  the 
premises  of  Speaker  Wiltz,  and  after  he  entered  the  parlor, 
and,  while  he  was  engaged  in  conversation  with  the  speaker, 
if  his  hounds  had  raised  a  disturbance  with  the  watchdog 
of  the  speaker's  mansion,  what  would  the  speaker  be  likely 
to  do?  He  would  ask  him  politely  if  he  would  please  step  to 
the  hall  and  call  off  his  dogs;  and  that  is  all  Speaker  Wiltz 
did.  He  found  the  hounds,  the  political  hounds,  of  this  offi- 
cer of  the  army  belaboring  and  setting  upon  his  officers  of 
the  peace  in  the  lobby,  and  knowing  that  the  owner  of  the 
dogs  could  do  more  With  them  than  anybody  else,  said  he, 
"General  De  Trobriand,  will  you  please  step  out  into  the 
hall  and  call  off  your  dogs?"    [Laughter.] 

OLD    AND   NEW. 

The  principal  part  of  these  old  democratic  leaders  drifted 
into  the  republican  party,  and  now  I  could  point  them  out 
all  around  these  seats.  Why,  there  is  scarcely  a  man  here, 
excepting  some  of  the  very  young  Senators,  but  was  for- 
merly of  the  old  democratic  party.  They  carried  the  abuses 
of  the  old  democratic  party  into  the  republican  party,  and 


264  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

the  new  democracy,  the  superior  democracy  of  the  Cincin- 
nati and  the  Baltimore  platforms,  have  had  to  combine 
:i  gainst  these  older  democrats  for  their  political  destruction. 
In  the  State  of  Massachusetts  Benjamin  F.  Butler  was  the 
old  democratic  representative  of  the  republican  party.  The 
young  democracy,  the  Cincinnati-platform  democracy,  gave 
him  his  quietus  in  the  last  fall  election.  The  honorable  Sen- 
ator from  Illinois  (Mr.  Logan)  is  the  leader  of  the  republi- 
can party  of.  the  Senate  and  of  the  United  States.  He  was 
for  years  the  bone  and  sinew,  the  brains,  the  will,  and  the 
authority  of  the  old  Bourbon  democracy.  The  Cincinnati- 
platform  democracy  laid  the  prospects  of  that  Senator  in 
the  shade  by  electing  a  young,  new  democratic  Legislature. 

PLAYING    ON    THE    BONES. 

I  do  regret  that  a  man  of  his  position  before  the  country 
should  deem  it  necessary  to  attack  the  stricken  people  of 
the  South  in  the  manner  in  which  he  has  during  this  whole 
discussion.  Senators  from  the  South  have  been  so  attacked, 
they  have  been  so  denounced,  they  have  been  so  pressed  (if 
3'ou  look  for  the  pressing  to  the  reports  that  will  go  out 
of  these  speeches),  that  I  scarcely  know  how  they  will  be 
able  to  face  a  chivalrous,  bold  and  fighting  constituency; 
and  f  have  fancied  that  the  object  was  to  take  advantage  of 
the  circumstances  under  which  they  were  placed  here.  I  did 
feel  that  a  great  injustice  was  done  to  the  Senator  from 
Georgia  (Mr.  Gordon)  the  other  day,  when  there  seemed  to 
be  a  studied  effort  to  irritate  and  to  goad  that  faithful  rep- 
resentative. At  that  very  time  he  had  sent  a  dispatch  to  the 
people  of  Louisiana  in  which  he  had  called  upon  them  in 
words  positive  and  unequivocal,  "Bear  all  your  tribulations; 
suffer,  even  suffer  to  manacles;  but  resist  not  the  author- 
ity of  the  United  States."  While  the  honorable  Senator  from 
Georgia,  in  the  spirit  of  the  Cincinnati  platform — of  amity, 
of  friendship,  and  healing  of  wounds,  the  spirit  of  concilia- 
tion, the  spirit  of  magnanimity,  the  spirit  of  chivalry -and  of 
honor  -was  thus  attempting  to  throw  oil  upon  the  troubled 
elements,  that  he  should  thus  be  attacked  was  to  me  most 
astounding,  especially  as  he  had  just  placed  the  fetters  of 
peace  upon  hands  that  illustrated  his  valor  in  battle.  The 
people  of  the  country  will  understand  it.  Men  are  not  to 
be  badgered  now  from  the  North  any  more  than  it  was  once 
said,  in  the  days  of  slavery,  that  they  were  not  to  be 
badgered  from  the  South.  "We  now  stand  upon  a  common 
platform,  we  now  occupy  the  same  position,  and  the  people 
will  apply  the  corrective.  The  people  at  the  polls  will  give  it 
the   quietus;    and   the  people   of  the   North   eveiwwhere   are 


NEBRASKA  IN  THE  U.   S.    SENATE.  265 

determined  that  this  everlasting  tirade,  this  ebullition  of 
hate,  this  pouring  forth  of  blood,  this  varnishing  of  the 
skulls  of  a  previous  war  and  keeping  them  for  future  use, 
this  playing  on  the  bones  in  the  Senate  of  the  United  States, 
this  shaking  of  the  skeletons  before  the  Senate  and  the 
country   shall   cease. 

Here  followed  a  searching  analysis  of  centralizing  legisla- 
tion, in  which  it  was  shown  that  almost  every  function  of 
states  rights  was  assumed  by  congress;  though  the  Lincoln 
republican  platform  of  1860  had  declared,  it  was  "The  right  of 
each  state  to  order  and  control  its  own  domestic  institutions, 
according  to  its  own  judgment,  exclusively." 

CARPET-BAGGERS. 

What  do  I  propose  as  a  remedy  for  these  troubles?  I  pro- 
pose in  Louisiana  that  you  call  home  your  army.  What 
would  be  the  result  of  that?  Such  a  state  of  things  would 
finally  come  about  as  exists  in  Georgia,  where  Avhite  men  and 
colored  men  all  unite  in  sustaining  Stephens  unanimously 
for  a  seat  in  the  House  of  Representatives.  Call  home  your 
army,  and  the  first  result  will  be  the  triumph  of  the  con- 
servatives politically  in  Louisiana.  Very  well.  Colored  men 
for  a  year  or  two  may  not  hold  office;  but  the  colored  man 
that  has  been  in  the  ricefields  of  Louisiana,  the  colored  man 
who  has  toiled  in  the  sugar  plantations  of  Louisiana,  will  not 
be  harassed  by  a  carpet-bagging  politician  as  their  governor; 
and  I  mean  that  in  no  offensive  sense.  All  those  gentlemen 
who  are  here  and  who  are  from  the  South  understand  me  in 
that.  I  suppose  we  are  all  carpet-baggers  in  this  country. 
New  England  has  carpet-bagged  all  the  West  and  North- 
west, for  her  population  is  everywhere.  That  is  legitimate. 
But  this  offensive  carpet-bagging  system,  the  pouring  out 
all  our  political  lazzaroni  on  their  shores,  is  what  I  protest 
against. 

EXEUNT  OMNES. 

Finishing  his  second  day's  speech  Mr.  Tipton  called  attention 

to  the  great  political  upheaval  which  had  advanced  democratic 

interests. 

It  was  so,  Mr.  President  (Mr.  Scott  in  the  chair),  in  your 
own  State  of  Pennsjlvania.  You  had  been  the  author  of  thir- 
teen volumes,  containing  reports  of  outrages  in  the  South. 
That  document  had  gone  all  over  Pennsylvania.  You  had  at 
least   probably   one   hundred   thousand   majority    for    Hart- 


266  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

ranft.  It  was  an  immense  multitude  that  no  man  scarcely 
could  number  and  expect  to  live.  The  books  were  carried  in 
peddlers'  packs  all  over  the  State.  They  were  read  for  thir- 
teen nights  in  succession,  one  volume  every  night,  at  the 
miner's  cabin,  around  the  doors  of  the  furnaces,  among  the 
poor  impoverished  laborers  in  the  mines  of  Pennsylvania: 
but  they  saw  through  the  flimsy  disguise.  They  simply 
went  to  the  polls  on  election  day  and  registered  their  edict 
that  a  party  that  proposed  to  live  on  blood  when  they  were 
scarcely  able  to  live  for  want  of  bread  should  go  to  political 
pandemonium;  and  that  edict  stands  registered  at  the  pres- 
ent time. 

I  leave  this  question  with  the  senate.  I  am  in  favor  of  the 
passage  of  the  resolution  of  the  Senator  from  Missouri  (Mr. 
Schurz),  in  order  that  the  judiciary  committee,  in  a  cool, 
fair,  manly  and  dispassionate  manner,  may  look  into  the 
subject,  and  I  trust  without  partisan  bias  be  able  to  come 
to  the  conclusion  that  there  is  a  government  of  the  people 
in  Louisiana  in  abeyance;  that  the  duty  of  this  government 
is  to  call  home  her  army,  and  no  longer  aggravate  and  ex- 
asperate the  people  of  that  State. 


NEBRASKA    IN    THE    U.  S.  SENATE.  267 


SENATOR  JOHN  M.  THAYER. 

March  4th,  1867— March  4th,  1871. 

John  M.  Thayer  settled  in  Omaha,  Nebraska,  in  the  fall  of 
J854,  a  few  months  after  the  territorial  organization.  He  was 
born  in  Bellingham,  Norfolk  County,  Massachusetts,  January 
24,  1820.  Possessing  a  good  education  and  hopeful  of  the  future, 
with  a  laudable  ambition  to  succeed,  he  naturally  challenged 
early  attention,  gained  the  confidence  of  his  associates,  and 
found  the  field  of  enterprise  wide  open  for  occupancy.  Be- 
longing to  the  legal  profession  it  was  not  strange  that  visions  of 
legislative  honors  should  have  an  enticing  influence,  and  that 
in  1857,  he  was  found  a  candidate  for  congress  in  a  "free  for 
all,''  before  the  organization  of  parties,  in  a  case  where  four 
aspirants  divided  among  them  5,600  votes,  each  receiving  1,000, 
but  Fenner  Ferguson  having  the  highest  number  in  the  hun- 
dreds. Again  in  1859  and  then  in  1860  his  name  was  placed  be- 
fore the  Republican  nominating  convention,  but  Samuel  G. 
Daily,  an  original  abolition  republican,  became  the  nominee  and 
delegate.  He  was  elected  to  the  territorial  council  of  1860-61, 
and  subsequently  to  a  constitutional  convention.  In  the  council 
he  was  author  of  a  bill  to  abolish  slavery  in  Nebraska.  In  1867 
he  entered  the  United  States  senate  for  a  term  of  four  years 
and  in  1875  was  appointed  governor  of  Wyoming  Territory. 

Inasmuch  as  the  entire  eastern  front  of  Nebraska  was  first 
settled,  bordering  on  the  Missouri  River,  where  numerous  Indian 
tribes  had  originally  roamed  at  will,  the  peace  and  quiet,  the 
lives  and  property  of  emigrants  were  often  at  the  mercy  of 
■savage  marauders. 

So  early  as  May,  1855,  we  find  Gen.  John  M.  Thayer  one  of  a 
commission  to  hold  a  council  with  the  Pawnee  chiefs,  under 
appointment  of  Governor  Izard. 

In  July  of  the  same  year  the  governor  commissioned  Gen- 
eral Thayer  to  raise  troops  and  give  protection  to  the  settlers 
against  the  depredations  of  the  Sioux. 


268  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

In  the  summer  of  1S59  he  led  a  force  against  Indians  in  what 
was  denominated  "the  Pawnee  war,"  the  results  of  which  were 
reassuring  to  the  emigrants,  and  a  lesson  of  power  and  authority 
to  the  Indians.  An  article  by  Major  Dudley  in  the  second  vol- 
ume of  Nebraska  Historical  Society  reports  contains  the  fol- 
lowing: "One  figure,  too,  stands  out  prominently  in  all  this 
history  connected  with  every  military  affair  or  expedition,  the 
first  brigadier  general  of  the  territory,  colonel  of  its  first  regi1 
ment  to  take  the  field  in  defense  of  the  Union;  brigadier  ami 
brevet  major  general  of  United  States  Volunteers,  and  then, 
after  the  war,  United  States  senator,  and  now  the  recently 
elected  governor  of  our  state,  John  M.  Thayer." 

While  it  is  neither  appropriate  nor  intended  to  incorporate  a 
military  history  of  Nebraska  with  this  brief  sketch  of  General 
Thayer's  services,  references  must  necessarily  be  made  to  the 
fact  that  he  was  active  and  persistent  in  the  organization  of  the 
First  Nebraska  Infantry,  afterward  cavalry,  becoming  its  col- 
onel and  leading  it  in  marches  and  skirmishes  prior  to  its  par-v 
ticipation  in  the  battle  of  Fort  Donelson,  where  on  the  15th  day 
of  February,  1862,  it  received  its  first  "baptism  of  fire."  As 
colonel  commanding  the  2d  brigade  in  General  Lew  Wallace's 
division  at  the  battle  of  Pittsburg  Landing.  Tennessee,  known 
also  as  Shiloh,  he  submitted  a  very  minute,  comprehensive  and 
accurate  report  of  the  participation  of  his  command  in  that  most 
important  and  sanguinary  contest.  After  stating  the  circum- 
stances under  which  it  took  position  in  line  of  battle  on  that 
memorable  Sunday  night,  he  gave  a  graphic  description  of  the 
steady  retreat  of  the  Confederate  line  from  "5  a.  m.  to  5  p.  in..** 
before  the  steady  advance  of  the  Union  army,  reinforced  by 
Buell's  command.  He  said,  "I  cannot  speak  in  terms  of  too 
high  praise  of  the  officers  and  soldiers  under  my  command. 
Their  conduct  was  most  gallant  and  brave  throughout.  They^ 
fought  with  the  ardor  and  zeal  of  true  patriots.  It  gives  me 
pleasure  to  speak  of  the  different  regiments  and  their  officers. 
Nobly  did  the  First  Nebraska  sustain  its  reputation,  well  earned 
on  the  field  of  Donelson.  Its  progress  was  onward  during  the 
whole  day   in   face  of  a  galling  fire  of  the  enemy,  moving  on 


NEBRASKA  IN  THE  U.  S.    SENATE.  L'09 

without  flinching,  at  one  time  being  an  hour  and  a  half  in  front 
of  their  battery,  receiving  and  returning  fire,  its  conduct  was 
most  excellent."  Having  in  detail  mentioned  the  Twenty-third 
Indiana  and  the  Fifty-eighth  Ohio,  surgeons  and  officers  of  his 
staff,  he  "congratulated  the  general  upon  the  part  his  division 
took,  and  upon  the  success  which  attended  all  his  movements 
in  the  memorable  battle  of  Pittsburg  Lauding/'  From  this 
time  on  until  in  July,  1865,  when  his  active  military  career 
closed,  he  is  seen  commanding  a  brigade  of  Iowa  troops  and 
leading  a  storming  party  in  the  battle  of  Chickasaw  Bayou, 
then  in  the  battle  of  Arkansas  Post  where  his  horse  was  shot 
under  him,  and  through  the  siege  of  Vicksburg,  and  appointed 
"Major  General  of  Volunteers  for  gallant  and  distinguished 
services";  with  Sherman  in  the  battle  of  Jackson,  Mississippi, 
and  with  General  Steel  in  Arkansas  in  command  of  the  Army 
of  the  Frontier  and  ending  with  a  command  at  Helena,  on  the 
Mississippi  river,  and  retiring  to  civil  life,  brevetted  a  major 
general. 

MAIDEN  SPEECH  OF  GENERAL  THAYER. 

The  duties  of  the  military  and  Indian  committees  were  so 
congenial  to  Senator  Thayer,  on  account  of  a  long  army  service 
and  the  deep  interest  his  constituents  had  in  the  latter,  that  he 
was  soon  before  the  senate  with  bills,  reports,  and  incidental 
remarks.  On  the  26th  of  March,  1867,  three  weeks  after  his 
admission  to  the  body,  a  question  was  raised  by  a  friend  of  the 
California  Pacific  Railroad  as  to  the  progress  of  the  Union  Pa- 
cific from  Omaha  westward.  Thereupon  General  Thayer,  with 
accuracy  of  statement  and  collected  demeanor  arrested  the  at- 
tention of  the  senate. 

Me.  Thayer:  I  would  not  trouble  the  senate  with  any 
remarks  on  this  question  except  for  the  fact  that  this  road 
runs  through  the  entire  state  which  I  have  the  honor  in 
part  to  represent,  on  this  floor,  and  in  justice  to  the  com- 
pany who  have  had  the  building  of  this  road.  I  feel  it  my 
duty  to  give  utterance  to  a  few  words.  I  was  surprised 
yesterday  when  the  resolution  was  introduced  by  the  honor- 
able senator  from  California — not  that  he  intended  any 
injustice  to  the  Union  Pacific  Eailroad  Company. 


I'll!  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

But  from  my  knowledge  of  the  facts,  I  am  compelled  to 
say  that  even  instituting-  an  inquiry  on  the  subject,  implying 
ihat  there  is  a  neglect,  does  them  greater  injustice;  for  I 
stand  here  to  say  that  no  improvement,  in  ancient  or  mod- 
ern times,  was  ever  prosecuted  with  such  untiring  energy, 
with  such  tireless  force,  and  with  means  such  as  that  com- 
pany has  used.  Three  hundred  and  five  miles  of  continuous 
road  were  built  last  year,  and  they  were  only  stopped  be- 
cause it  was  beyond  human  energy  to  prosecute  work  this 
winter.  Now,  sir,  this  has  been  the  most  remarkable  winter 
in  the  west  that  that  distinguished  personage,  "the  oldest 
inhabitant,"  has  had  any  knowledge  of.  There  have  been 
snows  such  as  have  never  fallen  before.  They  have  stopped 
the  progress  of  all  works.  But  while  this  company  have 
been  stopped  they  have  not  been  idle.  They  have  been  con- 
centrating at  the  end  of  this  three  hundred  miles  of  road 
an  immense  amount  of  material  which  they  are  now  about 
"  to  use.  They  have  been  gettin  iron  out  there  in  immense 
quantities,  and  engines  and  all  paraphernalia  of  a  railroad, 
just  as  fast  as  the  means  of  communication  have  enabled 
them  to  do." 

In  these  few  remarks  his  colleagues  discerned  that  the  new 
member  from  the  West  had  not  lost  the  polish  of  New  England, 
in  assuming  the  duties  of  pioneer  life. 

In  a  few  days  thereafter  the  records  show  Mr.  Thayer  en- 
gaged in  an  Indian  war  discussion,  in  which  he  had  to  arraign 
the  report  of  a  congressional  committee,  correspondents  of  the 
\  ew  York  Tribune  and  Boston  Journal,  and  an  interview  of  the 
chairman  of  the  Indian  committee,  together  with  numerous 
allegations  made  by  senators  in  debate.  With  undisputed  facts, 
and  invulnerable  arguments  he  met  all  comers  and  charges,  and 
then  appealed  to  the  sense  of  the  senate  in  the  following  com- 
pact sentences: 

I  stand  here  to  say  to  the  senate,  speaking  in  behalf  of 
every  class  of  the  community  on  the  border,  speaking  in 
behalf  of  every  industrial  pursuit,  that  nothing  can  be 
more  abhorrent,  nothing  more  dreaded  by  them  than  an 
Indian  war.  Why,  sir,  until  these  hostilities  upon  the  fron- 
tier everything  was  prosperous  there;  the  commerce  on 
the  plains  had  risen  to  an  immense  magnitude;  we  could 
talk  about  the  commerce  of  the  Plains,  as  well  as  you  could 
talk  of  the  commerce  of  the  seas  and  the  lakes. 


NEBRASKA  IN  THE  U.  S.  SENATE.  271 

These  men  went  out  upon  the  plains  and  did  business  in 
the  mountains.  You  could  go  in  no  direction  across  these 
wide  plains  that  you  did  not  see  long  caravans  of  trains 
bearing  merchandise  from  all  the  points  of  the  Missouri 
to  all  the  territories  in  the  mountains  and  away  to  the 
northwest. 

It  is  the  main  source  of  our  income;  it  is  the  market  for 
our  productive  industry;  and  to  send  it  forth  to  this  Nation 
that  we  frontiersmen  are  in  for  a  war  to  make  money,  is 
the  most  atrocious  calumny  of  the  nineteenth  century. 

Continuing  in  a  more  subdued  and  humorous  strain,  we  have 
the  following: 

My  dear  sir,  the  very  gamblers  and  thieves  which  Chicago, 
and  St.  Louis,  and  New  York,  and  Cincinnati,  and  Boston, 
and  Philadelphia  failed  to  hang  dread  an  Indian  war.  We 
have  some  of  that  class  of  people  there, — I  am  sorry  for  it, — 
but  it  is  because  you  in  the  East  have  not  done  your  duty 
and  hung  them.  They  fled  out  there  to  escape  but  they  do 
not  represent  the  border.  My  friend  from  New  York  (Mr. 
Conkling)  suggests  that  they  do  not  come  from  New  York. 
If  so,  it  is  because  they  treat  them  so  kindly  there  that  they 
do  not  have  to  run  away.  They  vote  the  right  way  in  New 
York  City.     [Laughter.] 

Senator  Morrill  of  Maine  having  been  very  active  in  the  dis- 
cussion and  full  of  the  poetic  idea  of  "Lo,  the  poor  Indian,"  and 
deeply  anxious  that  at  least  some  stray  rays  of  civilization's 
light  might  dawn  upon  the  far  West,  received  a  cordial  invita- 
tion to  visit  and  be  convinced. 

I  tell  him  as  a  friend,  frankly,  without  prejudice,  that  he 
would  come  back  with  different  ideas  as  to  that  section  of 
country. 

He  talks  about  Christianity  and  civilization.  Why,  sir, 
from  whence  did  the  people  of  the  border  come?  Many 
came  from  New  England.  Men  have  settled  there,  whom  I 
have  the  honor  now  in  part  to  represent,  whom  he  has  here- 
tofore represented  on  this  floor.  The  people  of  the  border 
are  "bone  of  your  bone  and  flesh  of  your  flesh."  Sir,  I  have 
seen  a  Christian  people  there  coming  from  their  humble 
cabins,  meeting  at  cross-roads  or  by-roads  in  an  impro- 
vised school-house,  and  I  have  seen  them  there  raise  the 
voice  of  thanksgiving  and  the  song  of  praise  to  Almighty 
God,  and  worship  Him  with  as  much  feeling  and  as  much 


'27-  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

sincerity   as    is   manifested   by   those   who    worship   in    the 
gorgeous  temples  of  your  eastern  cities. 

You  will  find  there  an  humble  Christianity,  but  it  is  as 
pure  as  that  which  dwells  in  the  Easi. 

At  the  conclusion  of  a  long  and  exhaustive  speech,  when  a 
senator  from  Wisconsin  offered  an  amendment  for  the  removal 
of  all  Nebraska  Indians  to  the  Indian  Territory,  those  who 
have  charged  Nebraska's  persecution  of  Indians  upon  us,  were 
astounded  by  the  senator's  concluding  periods. 

They  commenced  within  six  weeks  after  the  settlers  have 
crossed  the  Missouri  River,  and  settled  on  lands  which  had 
been  ceded  to  the  United  States,  to  steal  their  cattle,  and 
in  the  second  raid  killed  two  or  three.  But  those  days  have 
passed.  Since  those  Indians  have  been  placed  upon  reserva- 
tions there  has  been  entire  peace  and  quiet.  There  is  good 
feeling  between  the  Omahas,  the  Pawnees  and  others,  even 
the  Sioiix,  a  band  engaged  in  the  Minnesota  massacre,  who 
are  now  located  in  the  northern  corner  of  Nebraska.  They 
are  on  friendly  terms  with  the  whites;  no  collision,  no 
clashing  whatever.  We  do  not  ask  to  have  those  Indians 
removed. 

I  tell  the  senator  from  Maine  that  there  is  a  condition  of 
peace  and  quiet  between  the  people  and  the  peaceable  In- 
dians, and  you  may  go  among  those  tribes  today  and  they 
will  point  to  the  white  people,  the  settlers  on  the  border,  as 
their  friends.  Why,  sir,  but  a  few  weeks  ago  some  of  them 
fearing  an  incursion,  or  a  raid  of  the  Sioux,  came  into 
Omaha  for  our  protection. 

Thus  at  the  end  of  the  fortieth  congress,  General  Thayer  had 
"won  his  spurs"  on  themes  general  to  his  condition  as  a  west- 
ern representative. 

At  the  first  session  of  congress  after  the  election  of  General 
Grant,  Senator  Thayer  presented  Bill  No.  1,  to  repeal  the  act 
which  had  restrained  President  Johnson  from  making  removals, 
and  for  the  violation  of  which  he  was  impeached.  Senator 
Edmunds  offered  bill  No.  2  to  amend  the  same  act,  and  Senator 
Williams  an  amendment  for  its  suspension  during  Grant's  term 
of  office.  In  the  house  of  representatives  General  Butler,  .of 
Massachusetts,  also  presented  a  bill  for  its  repeal.  Many  old 
senators  were  loath  to  see  the  bill  repealed,  although  they 
had  supported  it  as  only  for  a  temporary  purpose. 


NEBRASKA  IN  THE  U.  S.  SENATE.  273 

Some  feared  they  might  seem  to  be  currying"  favor  with  Gen- 
eral Grant,  and  others  that  they  might  be  supposed  to  have  lost 
confidence  in  its  utility.  But  General  Thayer  "slept  upon  his 
arms,"  as  at  Shiloh,  and  kept  his  war  paint  bright,  and  illus- 
trated the  maxim:   "In  peace,  friends;  enemies  in  war." 

Many  denied  that  the  law  refusing  to  allow  a  president  to  re- 
move certain  officers,  without  consent  of  the  senate,  was  merely 
directed   against   Andrew  Johnson. 

To  this  General  Thayer  replied: 

This  man  Johnson  thought  proper  to  abandon  those  who 
elevated  him  to  power.  He  determined  to  violate,  and  did 
violate,  all  the  pledges  he  had  made.  He  did  forswear  the 
principles  upon  which  he  was  elected,  and  joined  the  polit- 
ical enemies  who  had  fought  him  from  the  commencement 
of  the  Rebellion.  Then  he  undertook  to  sweep  from  power 
and  place  those  who  had  sustained  President  Lincoln,  and 
who  had  sustained  the  principles  upon  which  Mr.  Lincoln's 
administration  went  into  power.  It  was  then,  and  not  till 
then,  that  it  occurred  to  members  of  this  body  to  originate 
the  tenure  of  office  law.  No  senator  will  rise  in  his  place 
here  and  assert  that  he  had  contemplated  such  a  law  as 
this  until  the  treachery  of  Andrew  Johnson  was  patent 
to  the  world.    Therefore  I  say  it  was  an  exceptional  law. 

To  the  theory  of  suspending  the  law,  he  paid  his  compliments 
in  the  most  direct  and  positive  manner. 

I  say  if  the  law  is  just  and  right  as  a  permanent  statute 
you  are  wrong  in  proposing  its  suspension.  My  honorable 
friend  from  Michigan  (Mr.  Howard)  says  it  will  be  the 
highest  compliment  that  we  can  pay  to  President  Grant. 
My  friend  from  Michigan,  I  know,  enjoys  a  joke. 

And  then  my  honorable  friend  from  New  York  (Mr.  Conk- 
ling)  joined  in  and  said  it  will  be  suspended  in  effect  until 
the  end  of  the  next  session  of  congress,  and  that  will  leave 
him  a  year.  If  you  mean  to  show  confidence  in  General 
Grant,  why  did  not  the  committee,  why  did  not  the  friends 
of  suspension,  substitute  the  words  "the  4th  of  March, 
1873"? 

The  senator  from  Missouri  (Mr.  Schurz)  having  denounced  the 
distribution  of  patronage  as  a  curse  to  a  party,  met  the  follow- 
ing retort: 
19 


274  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

I  know  it  is  fashionable  to  denoimce  and  to  decry  pat- 
ronage and  the  spoils  of  office;  but  point  me  to  a  senator  on 
this  floor  who  has  not  sought  to  exercise  the  right  of  dis- . 
pensing  patronage  to  his  political  friends  and  supporters. 

When  General  Grant  sent  the  names  of  his  first  cabinet  offi- 
cers to  the  senate,  he  included  among  them  A.  T.  Stewart, 
merchant  prince  of  New  York,  who  was  ineligible,  being  an  im- 
porter of  merchandise,  and  therefore  could  not  be  secretary  of 
the  treasury;  and  hence  his  name  was  withdrawn  and  the  mis- 
take acknowledged.  Senator  Thayer  took  the  prompt  act  of 
submission  to  law  as  an  evidence  of  the  new  president's  prompt 
and  faithful  enforcement  of  law  in  the  future,  and  closed  a 
long  and  able  speech  with  the  following  sentence: 

In  that  act  of  moral   courage,   of  moral  power,   and   of 

moral  grandeur,  he  appears  nobler  than  when  he  stood  on 

the  ramparts  of  Vicksburg,  its  conqueror,  or  when  he  re- 

|  ceived  the  surrender  of  the  Confederate  army  of  northern 

Virginia  on  the  Appomattox. 

0  ARLINGTON. 

f 

In  sight  of  the  National  Capitol  and  south  of  the  Potomac 
River  lies  Arlington,  once  the  estate  of  Washington  Park 
Custis,  adopted  son  of  General  Washington.  General  Robert 
E.  Lee,  of  the  Confederacy,  having  abandoned  this  venerable 
homestead,  to  join  the  rebellion,  it  was  confiscated  in  1863,  and 
200  acres  set  apart  as  a  national  cemetery  in  1864.  Within  it 
repose  the  bodies  of  16,000  soldiers,  while  the  bones  of  2,111 
unknown  rest  in  a  granite  sarcophagus,  220  feet  in  diameter 
and  30  feet  deep.  On  the  13th  day  of  December,  1870,  Senator 
McCreery  of  Kentucky  offered  a  resolution  for  the  relief  of  Mrs. 
Robert  E.  Lee,  looking  to  a  settlement  of  her  claim  to  Arling- 
ton. Fiery  discussion  became  contagious,  and  it  was  soon  evi- 
dent that  the  resolution  would  not  be  received.  Among  those 
participating  in  the  debate,  Senator  Thayer  took  a  prominent 
part.  He  declared  that  he  was  somewhat  in  doubt  while  listen- 
ing to  the  resolution  and  the  sentiments  uttered  by  the  hon- 
orable senator  from  Kentucky,  whether  to  give  expression  to  his 
feelings,  or  to  vote  in  silence.     He  proceeded: 


NEBRASKA  IN  THE  U.   S.    SENATE.  275 

A  stranger  in  this  chamber,  for  the  last  hour,  would 
hardly  have  supposed  he  was  in  the  American  senate.  He 
would  rather  have  imagined  that  he  was  in  the  Confederate 
congress  at  Richmond,  six  years  ago,  when  eulogies  were 
pronounced  upon  Stonewall  Jackson.  I  had  predicted  during 
the  last  three  or  four  years  that  the  time  would  come,  if 
the  policy  of  congress  was  not  rigidly  carried  out  and  ad- 
hered to  in  the  southern  states,  when  the  leaders  of  re- 
bellion would  sit  in  these  seats,  and  encomiums  would  be 
pronounced  upon  their  acts.  In  one  respect  the  day  has 
come  sooner  than  I  had  anticipated.  I  listened  to  him  care- 
fully, and  not  one  word  did  I  hear  falling  from  his  lips  in 
condemnation  of  treason. 

Mr.  McCreery  said: 

The  melancholy  tidings  of  the  death  of  General  Thomas, 
and  the  accents  of  sorrow  which  his  surviving  friends 
poured  forth  the  national  grief  at  his  irreparable  loss,  are 
still  fresh  in  our  recollections  when  we  learned  that  yet  an- 
other of  the  great  actors  in  the  drama  through  which  we 
have  passed  had  breathed  his  last. 

To  this  General  Thayer  responded : 

The  linking  together  of  the  names  of  Thomas  and  Lee 
was  unfortunate  .  It  is  true  they  were  associates  together  in 
early  life.  Both  educated  by  the  United  States  to  be  its 
protectors  when  assailed,  both  took  a  solemn  oath,  written 
down  by  the  angel,  that  they  would  forever  be  its  defend- 
ers, against  foreign  or  domestic  foes.  The  one — Thomas — • 
nobly,  sacredly,  grandly  kept  his  oath.  He  fought  for  the 
flag  of  the  Union  and  was  faithful  to  the  end.  He  has 
passed  away.  His  name  is  inscribed  on  the  rolls  of  immortal 
renown.  The  other  was  faithless  to  his  solemn  vow.  With 
perjury  in  his  soul  he  raised  the  black  standard  of  treason 
and  through  all  the  scenes  and  vicissitudes,  the  dangers  and 
trials  and  battles  of  four  years,  he  fought  with  his  best 
energies  and  his  best  efforts  to  destroy  the  Union  whose 
flag  he   had   sworn  to   defend    forever. 

It  became  evident  to  the  senator  from  Kentucky  that  he  had 
sown  the  wind  and  was  reaping  a  cyclone,  and  inasmuch  as  his 
political  and  personal  friends  desired  him  to  withdraw  the 
offensive  paper,  he  would  have  done  so,  but  the  rules  of  order 
made  it  impossible;  besides  the  Nebraska  soldier  had  his  guns 
trained  upon  it,  and  was  closing  his  lines,  by  gradual  approaches. 
He  continued: 


276  XKRKASKA    STATE    HISTORICAL   'SOCIETY. 

The  senator  from  Kentucky  had  no  word  of  condemna- 
tion for  this  foul,  glaring-,  damning-  treason.  General  Lee  is 
held  up  as  a  model  of  virtue  and  right  and  truth  to  the 
youth  of  the  American  Nation.  This  is  what  we  witness 
here  to-day.  The  proposition  is  made,  and  we  are  discussing 
the  question  of  its  reception,  whether  the  graves  of  twenty 
thousand  heroic  dead,  who  died  that  the  Nation  might  live, 
shall  be  opened  and  their  dust  gathered  up  and  scattered 
along  the  way  to  be  deposited  somewhere  else,  to  make 
way  for  the  widow  of  the  traitor,  whose  hands  were  chiefly 
instrumental  in  taking  the  lives  of  that  army  of  martyrs 
who  sleep  on  the  heights  of  Arlington.  That  is  the  spectacle 
which  we  now  witness  in  the  senate  of  the  United  States, 
before  six  years  have  passed  away  from  the  laying  down  of 
the  arms  of  the  rebellion.  The  graves  of  those  men  who 
gave  their  lives  that  we  might  sit  here  today  to  legislate 
for  the  American  people,  that  we  might  sit  here  in  com- 
mon with  the  people  of  the  Union  in  the  enjoyment  of  the 
blessings  of  the  Union  purchased  by  their  blood  and  their 
lives  are  to  be  opened;  an  act  of  sacrilege  is  to  be  com- 
mitted, in  order  that  this  propertj^  may  be  given  back  to  the 
widow  of  Lee.  Sir,  as  an  American  citizen,  as  a  senator  of 
the  United  States  and  as  a  soldier  in  the  war  for  the  Union, 
I  enter  my  solemn  protest  against  it. 

( )n  a  final  vote  to  grant  leave  to  introduce  the  resolution 
leave  was  denied,  there  being  four  in  the  affirmative  and  fifty- 
four  in  the  negative.  There  was  no  evidence,  however,  that  the 
three  voting  with  Mr.  McCreery  approved  of  his  resolution. 
Being  a  member  of  the  military  committee  the  Nebraska  sen- 
ator was  always  on  the  alert  as  to  the  rights  and  honors  of 
soldiers. 

Hearing  that  the  attorney  general  had  given  an  opinion  that 
the  states  would  have  to  agree  to  continue  the  national  ceme- 
teries within  their  limits  and  might  demand  pay  for  the  ground, 
he  ottered  a  resolution  of  inquiry,  and  said: 

I  have  been  led  to  believe,  and  I  still  believe,  that  those 
who  fell  fighting1  for  our  national  existence  earned  a  full 
and  unqualified  title  to  the  resting  places  where  their  bodies 
sleep.  If  they  are  to  be  disturbed  on  the  refusal  of  the 
legislatures  to  give  their  consent,  I  desire  to  know  it;  or 
rather,  T  will  say,  I  am  opposed  to  asking  the  consent  of 
any  legislature  or  anybody  else  to  secure  the  undisturbed 
possession  of  the  soil  inclosed  within  those  cemeteries. 


NEBRASKA  IN  THE  U.  S.  SENATE.  277 

The3r  died  in  the  defense  of  their  country,  and  their  rest- 
ing- places  are  hallowed  spots.  Sir,  I  am  ready,  for  one,  to 
say  that  if  need  be  we  will  fight  through  another  war  to 
hold  forever  sacred  the  graves  where  our  heroes  sleep. 

On  the  question  involving  the  reconstruction  of  Virginia  and 
Georgia,  the  senator  indulged  in  a  discussion  covering  the  whole 
ground  of  secession  and  constitutional  restoration — of  demo- 
cratic and  republican  records — diagnosing  the  disease  and  pre- 
scribing the  political  remedies.  Notwithstanding  all  the  two 
states  had  done  in  responding  to  the  demands  of  congress,  ho 
desired  further  indemnity  for  the  past  and  greater  security  for 
the  future. 

For  congress  he  had  words  of  eulogy,  and  for  her  champions 
garlands  of  perpetual  renown. 

For  the  first  time  in  our  history  it  struck  down  the  prop 
of  despotism,  the  doctrine  of  caste  of  race,  or  color,  and 
declares  the  broad,  philosophical,  supremely  just,  and  only 
trne  republican  principle — the  complete  equality  of  all  men 
in  the  possession  of  all  civil  and  political  rights.  It  in-  . 
vested  a  race  with  the  order  of  citizenship,  it  invested  a 
race  with  the  rights  of  manhood.  By  its  comnjand  that 
race,  bowed  down  with  the  wrongs  of  centuries,  stood  forth 
erect  under  the  broad  panoply  of  eternal  right. 

So  much  was  the  republican  party  divided  upon  questions  at 
issue  and  the  democrats  silent  that  the  General  said: 

I  have  remarked  that  a  portion  of  the  members  of  this 
body,  those  who  belong  to  the  opposite  political  faith,  have 
remained  entirely  silent.  They  seem  to  be  as  serene  and 
composed  as  a  summer's  morning,  or,  to  be  still  more  poetic, 
as  calm  and  unruffled  as  the  waters  of  a  moon-lit  lake. 

Turning  upon  his  witty  friend  from  Nevada,  he  said: 

Mr.  Nye  described  with  affecting  pathos  the  hardships  in- 
flicted upon  this  long-suffering,  patiently  waiting  state  of 
Virginia.  She  has  waited  till  her  locks  are  wet  with  the 
dews  of  night.  Sir,  let  me  say  to  that  honorable  senator. 
there  are  many  people  in  Virginia  todaj-  who  are  '''red  of 
waiting,  waiting  for  that  protection  which  this  great  gov- 
ernment of  the  United  States  has  vouchsafed  to  every  citizen 
who  respects  its   authority  and   obeys  its  command. 


278  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

A.fter  a  i  ucniv  years'  calm,  war  having  "smoothed  his  wrinkled 
front,"  and  the  sulphur  of  battle  been  replaced  by  the  odor  of 
flowers,  and  the  groat  generals  of  the  past  having  answered  to 
roll  call  of  death,  and  the  rival  orators  of  reconstruction  just 
waiting  to  join  the  silent  procession,  all  efforts  to  portray  the 
stormy  past  by  mutilated  extracts  must  be  as  unsatisfactory  as 
an  attempt  to  represent  the  Pantheon  of  old  by  a  single  block 
of  Roman  marble.  The  closing  speech  upon  Georgia  was  worthy 
of  the  place  and  occasion. 

The  fruits  of  this  legislation  will  reach  on  through  the 
ages.  Our  task  will  be  ended,  our  mission  will  be  fulfilled, 
only  when  every  other  citizen  of  every  state,  of  every  hamlet 
within  our  wide  border,  be  he  poor  or  rich,  be  he  humble 
or  exalted,  be  he  white  or  black,  and  of  every  religion  and 
opinion,  and  of  every  nationality,  and  every  color  or  doc- 
trine, shall  be  in  the  full  and  equal  possession  and  enjoy- 
ment of  every  blessing  which  a  beneficent  government  can 
bestow.  Then  we  may  witness  the  ushering-  in  of  the  reign 
of  universal  justice,  of  universal  liberty,  and  of  universal 
law.  These  shall  be  the  crowning  glories  of  the  Nation. 
Then  shall  every  citizen,  wherever  he  may  dwell  between 
the  oceans,  feel  and  know  that  he  is  indeed  and  in  truth  a 
child  of  the  great  Eepublic.  Then  may  all  exultingly  ex- 
claim, "This  is  my  country;  this  is  my  nation." 


NEBRASKA    IN    THE    U.  S.  SENATE.  27!) 


SENATOR  P.  W.  HITCHCOCK.* 

March  4th,    1871— March   2nd,   1S77. 

Mr.  Hitchcock  moved  that  the  senate  take  up  Bill  680,  "To 
encourage  the  growth  of  timber  on  the  western  prairies." 

This  with  him  had  become  a  pet  measure.  The  bill  was  his 
own.  Grand  in  conception,  economic  and  benevolent  in  design 
and  bold  in  fancied  execution.  An  effort  to  supply  a  defect 
of  nature,  to  modify  the  rigors  of  climate,  to  add  health,  com- 
fort and  gain  to  the  citizens,  was  worthy  of  a  fair  and  honest 
experiment.  Mr.  Hitchcock  stated  the  object  of  the  bill  as 
follows : 

It  provides  that  any  person  who  shall  plant,  protect  and 
keep  in  a  healthy  growing  condition  for  five  years,  one  hun- 
dred and  twenty  acres  of  timber,  the  trees  thereon  not 
being  more  than  eight  feet  apart  each  way,  on  any  quarter 
section  of  the  public  lands  of  the  United  States,  shall  be 
entitled  to  a  patent  for  the  whole  of  the  quarter  section 
at  the  expiration  of  live  years  on  making  proof  of  such  fact 
by  not  less  than  two  credible  witnesses;  but  only  one 
quarter  in  any  section  is  to  be  thus  granted. 

By  amendments  from  the  committee  on  Public  Lands,  the 
number  of  acres  was  reduced  from  120  to  40,  and  the  space  be- 
tween trees  extended  to  12  feet. 

Mr.  Harlan  of  Iowa  moved  an  amendment  extending  the  time 
of  cultivation  to  ten  years  and  sustained  it  with  an  argument. 

Me.  Hitchcock:  There  is  clearly  no  time  to  discuss  a 
measure  of  this  importance  at  this  period  of  the  session. 
I  had  hoped  and  intended  to  prepare  some  remarks  on  this 
question,  which  I  thought,  and  still  think,  deserves  the  care- 
ful consideration  of  the  Senate.  I  am  surprised  at  the  style 
of  the  remarks  made  by  the  senator  from  Iowa.  It  is  evi- 
dent that  he  does  not  desire  the  passage  of  the  bill  at  this 
time.  But,  Sir,  preferring  that  the  bill  shall  pass,  even  with 
this  amendment  rather  than  it  shall  fail  entirely.  I  will  ac- 
cept it. 
*  For  the  record  of  Mr.  Hitchcock  as  territorial  delegate,  see  ante,  page  100. 


280  NEBRASKA    STATE     BISTOEICAL    SOCIETY. 

An  effort  being  made  to  limit  the  privilege  of  the  bill  to  such 
only  as  had  less  than  160  acres  of  land,  Mr.  Hitchcock  said: 

The  senator  from  Mississippi  totally  misapprehends  the 
object  and  intention  of  this  bill.  The  object  of  the  bill  is  to 
encourage  and  develop  a  growth  of  timber  west  oi  the  Mis- 
souri River. 

It  wall  take  capital,  it  will  take  money,  to  plant,  cultivate 
and  protect  forty  acres  of  timber  for  ten  years,  as  the  bill 
now  provides.  A  man  without  capital  can  get  his  land  now 
without  money  under  the  homestead  law. 

The  object  of  this  bill  is  to  encourage  the  growth  of 
Timber  not  merely  for  the  benefit  of  the  soil,  not  merely 
for  the  value  of  the  timber  of  itself,  but  for  its  influence 
on  the  climate. 

The  bill  was  passed  as  thus  amended  and  was  operative  for 
twenty-two  years. 

COLORADO. 

On  the  24th  day  of  February,  1875,  the  senate  proceeded  to 
the  consideration  of  a  bill  for  the  admission  of  Colorado,  as  a 
state.  Mr.  Hitchcock,  having  the  bill  in  special  charge,  and 
the  session  being  within  eight  days  of  its  close,  was  anxious 
to  see  it  passed  without  amendment,  which  might  cause  its 
defeat  in  the  House  of  Representatives  for  want  of  time. 

Feeling  that  sufficient  population  and  ample  material  re- 
sources existed,  but  that  no  very  recent  census  had  been  taken, 
his  ingenuity  was  tested  in  the  condensation  of  statistical  esti- 
mates and  historic  facts.  Knowing  the  temper  of  the  senate, 
when  time  was  short,  and  each  one  anxious  to  pass  special 
measures,  he  combined  directness  with  brevity,  as  in  his  open- 
ing speech. 

Mr.  President,  at  this  period  in  the  session,  with  the  cal- 
endar filled  with  a  long  list  of  bills  which  have  received 
favorable  action  at  the  hands  of  the  different  committees 
and  which  are  pressing  for  the  formal  and  favorable  action 
of  the  Senate,  I  believe  that  no  extended  discussion  of  this 
bill  is  needed  or  would  be  jxistifiable. 

There  is,  I  apprehend,  and  can  be,  but  one  possible  objec- 
tion and  but  one  possible  question  to  be  considered  and  but 
one  point  upon  which  opposition  can  be  made  to  the  present 
admission  of  Colorado.     That  question   is   in  regard   to  her 


NEBRASKA  IN  THE  U.   S.    SENATE.  281 

present  population.  Upon  that  point  the  Committee  on 
Territories  believe  from  the  best  information  which  they 
were  able  to  obtain  that  Colorado  to-day  contains  a  popula- 
tion of  one  hundred  and  fifty  thousand.  Of  course  this 
must  be  based  to  a  great  extent  on  statistics  and  estimates, 
as  no  official  formal  census  of  the  Territory  has  been  taken 
for  the  last  five  years. 

The  population  of  the  Territory,  by  the  census  of  1870, 
Avas  about  40,000.  There  are  some  comparative  estimates 
which  can  be  made  from  the  statistics  of  the  Territory  at 
that  time,  and  statistics  since  that  time  which  go  to  show 
the  ratio  of  the  increase  of  population.  For  instance,  the 
revenue  of  the  postal  department  in  1870  was  twenty-nine 
thousand  and  some  hundred  dollars.  The  revenue  of  the 
same  department  for  the  year  1874  was  $102,000,  nearly 
four  times  the  revenue  derived  from  the  postal  service  in 
the  year  1870. 

I  think  there  is  no  better,  no  surer  test  than  that.  The 
increase  in  the  population  is  represented  perhaps  as  ac- 
curately by  the  increase  of  revenue  of  the  postal  service 
as  in  any  other  way.  So  in  other  respects.  At  the  time 
the  census  of  1870  was  taken  there  was  not  in  the  territory 
a  single  line  of  completed  railroad,  and  now  there  are  735 
miles  built  at  an  estimated  cost  of  about  $30,000,000.  So  that 
it  is  probable  that  no  territory  has  been  admitted  with  the 
aggregate  of  wealth,  the  aggregate  of  business,  the  aggre- 
gate of  commercial  importance  that  Colorado  has  at  the 
present  time.  Since  the  original  constitution  was  adopted 
twenty-four  states  have  been  admitted  to  the  Union.  Of 
these,  Texas,  Maine  and  West  Virginia  were  separated  from 
other  states  or  admitted  as  independent  sovereignties,  as  in 
the  case  of  Texas.  Consequently  twenty-one  states  have 
been  admited  from  a  territorial  condition  since  the  gov- 
ernment was   founded. 

Of  these  twenty-one,  but  two  were  admitted  as  states 
which  had  at  the  time  of  their  admission  a  greater  popula- 
tion than  Colorado  now  has,  and  these  were  Michigan  and 
Wisconsin,  each  of  them  having,  I  think,  a  population  of 
about  200,000;  Minnesota  having  a  population  of  about  the 
same  amount  that  Colorado  now  has,  and  the  others,  such 
states  as  Illinois  and  Ohio,  having  only  about  one  third  the 
population  which  Colorado  now  has.  Situated  in  the  center 
of  the  continent,  extending  from  the  37th  parallel  of  latitude 
on  the  south  to  the  41st  parallel  of  latitude  on  the  north, 
and  from  the  25th  meridian  of  longitude  on  the  east  to  the 
32d  meridian  of  longitude  on  the  west,  embracing  an  area 
of  106,000  square  miles;  with  a  vast  mineral  wealth  hidden 
away  in  the  recesses  of  her  lofty  mountains  and  her  lovely 


282  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

valleys;  \\iih  a  climate  wonderful  for  its  healthfulness,  with 
v  a  soil  capable  by  irrigation  of  producing  an  agricultural 
product  sufficient  to  support  a  population  of  at  least  two 
millions  of  people;  settled  with  inhabitants,  hardy,  brave, 
enterprising,  loyal,  and  intelligent,  Colorado  is  ready  to 
throw  off  the  swaddling  clothes  of  a  territory  and  assume 
position  as  a  sovereign  and  independent  state. 

( >l>jection  seemed  to  spring  up  all  over  the  senate,  to  various 
provisions  of  the  bill.  Mr.  Sargent  of  California  protested 
against  allowing  5  per  cent  upon  all  sales  of  public  lands  made 
prior  to  the  admission  of  the  State. 

Mr.  Hitchcock:  The  honorable  senator  from  California, 
in  the  name  of  economy,  proposes  to  strike  out  two  words, 
the  usual  words  which  have  been  in  other  enabling  acts, 
and  which  have  allowed  other  incoming  states  to  obtain  5 
per  cent  on  the  proceeds  of  those  public  lands,  which  had 
been  sold  during  their  territorial  existence. 

Now  I  think  it  would  not  be  very  becoming  in  the  United 
States  to  select  Colorado  as  a  conspicuous  instance  of  econ- 
omy. As  a  matter  of  economy,  I  am  sure  it  is  better  that 
this  bill  should  pass  in  its  present  form  than  that  the  Terri- 
torjr  of  Colorado  should  continue  to  be  governed  at  the  ex- 
pense of  the  United  States. 

The  State  of  Nevada  put  in  her  assertion  that  she  had  not 
received  the  same  5  per  cent,  fund,  but  was  promptly  answered, 
that  she  had  not  a  sale  of  lands  prior  to  her  admission ;  but  did 
receive  it  on  subsequent  sales.  Mr.  Edmunds  desired  six  months 
to  intervene  between  the  forming  of  a  constitution  and  its 
adoption. 

Mr.  Hitchcock  could  see  this  in  no  other  light  than  an  effort 
to  postpone  the  admission  of  the  State;  but  the  amendment  was. 
however,  adopted.  Numerous  others  were  offered,  and  but  a 
few  passed. 

After  keeping  up  a  very  prolonged  and  successful  running 
debate,  with  such  antagonists  as  Sargent  of  California,  Stewart 
of  Nevada,  Edmunds  of  Vermont,  Hamilton  of  Maryland  and 
Bayard  of  Delaware,  Mr.  Hitchcock's  labors  were  consummated 
in  the  passage  of  the  bill,  and  in  1876  Colorado  became  the 
Centennial  State 


NEBRASKA  IN   THE  U.   S.    SENATE.  283 

COLORADO    EXPENSES. 

In  the  first  session  of  the  44th  Congress  on  a  bill  to  allow 
#20,000  for  certain  Colorado  expenses,  in  reply  to  the  venerable 
senator  (Mr.  Morrill  of  Vermont)  Mr.  Hitchcock  said: 

Mr.  President,  I  have  heard  of  saving-  at  the  spigot  and 
spending-  at  the  bunghole:  I  have  heard  of  such  things  as 
men  being-  "penny  wise  and  pound  foolish,"  and  I  think  if 
we  want  to  make  a  conspicuous  example  of  that  kind  of 
economy,  this  senate  should,  after  having  so  recently  voted 
to  endorse  and  assume  the  payment  of  $15,000,000  of  bonds 
to  pay  for  paving  the  streets  of  this  city,  to  pay  attorneys 
for  defending  the  officers  of  this  government,  and  to  pay 
reporters  for  reporting  those  proceedings,  vote  to  strike 
out  this  section.  I  think  that  would  be  an  eminently  proper 
thing  for  this  senate  to  do.  But,  sir,  I  think  that  this 
senate  can  afford,  probably  without  ruining  the  government, 
to  make  this  appropriation  of  $20,000  to  pay  the  expenses 
of  the  members  of  the  convention  to  frame  a  constitution 
for  the  State  of  Colorado.  Colorado  is  just  becoming  of  age, 
she  assuming  the  responsibility  not  only  of  self-government, 
brit  of  bearing  her  equal  fair  share  in  the  government  of  us 
all;  and  I  believe  that  ordinarily  prudent  policy  dictates 
that  we  should  not  receive  her  in  a  niggardly  manner. 

NEW   MEXICO. 

Having  in  charge  a  bill  for  the  admission  of  New  Mexico,  as 
a  state,  at  the  winding  up  of  a  long  discussion,  Mr.  Hitchcock 
very  successfully  punctured  New  England's  vanity  in  the  fol- 
lowing manner: 

Mr.  President,  the  State  of  Rhode  Island,  the  very  years 
which  the  senator  quotes,  at  the  last  two  elections,  polled 
how  many  votes? 

The  State  of  Ehode  Island  polled  in  the  year  1872,  13,442 
votes,  about  3,000  less  than  were  polled  by  New  Mexico,  in 
the  last  year,  with  no  contest;  yet  the  State  of  Rhode  Is- 
land is  represented  on  the  floor  of  the  other  House  by  two 
members.  Therefore,  by  the  senator's  own  argument,  the 
injustice  we  do  here  is  that  we  do  not  give  the  Territory  of 
New  Mexico  two  members  instead  of  one  in  the  other 
House.  Very  much  has  been  said  in  regard  to  the  agricul- 
tural resources  of  New  Mexico.  The  honorable  senator 
from  Maine  said  he  thought  there  was  not  more  than  one 
out  of  an  hundred  acres  of  arable  land.     Even  if  there  were 


284  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

but    one   acre   out  of  an   hundred,   it  is   far   greater    in    pro- 
portion than  in  the  states  of  New  England. 

The  valley  of  the  Ilio  Grande,  running'  all  the  way  through 
the  center  of  the  Territory.  I  venture  to  say  has  greater 
capacity  for  agricultural  production,  and  will  produce  more 
in  one  year,  than  the  whole  territory  of  New  England  will 
or  has  in  a  century. 

INDIAN    WARFARE. 

The  Senator's   conclusions  respecting  warfare   with   Indians 
partook  of  the  deductions  of  experience  and  actual  knowledge. 

Mr.  President,  I  want  to  tell  the  honorable  senator  that 
the  men  to  fight  Indians  are  the  men  who  know  the  In- 
dian character,  the  men  who  are  on  the  ground,  and  there 
are  plenty  in  the  im mediate  vicinity  of  these  Indians,  who 
not  only  are  acquainted  with  the  Indian  character,  but  have 
had  military  service  in  the  field  heretofore. 

Eeeruits  from  your  regular  army  are  enlisted  in  the 
streets  of  your  great  cities;  they  are  men  who  have  never 
seen  Indians,  and  they  are  men  unaccustomed  to  ride. 

UNION    PACIFIC. 

In  the  last  elaborate  speech  of  his  senatorial  term  is  found 
the  following  extract: 

Mr.  President,  it  is  my  fortune  to  reside  upon  the  line  of 
the  Union  Pacific  Railroad.  It  was  my  fortune  to  see  the 
first  spadeful  of  earth  ever  thrown  upon  the  grading  of  that 
road,  and  to  be  somewhat  familiar  with  the  history  of  its 
construction,  with  the  method  of  operation,  and  with  the 
beneficent  results  which  have  come  to  the  country  and  the 
world  from  that  construction  and  operation.  The  construc- 
tion of  a  railroad  across  the  continent, from  ocean  to  ocean, 
marked  an  era  in  the  material  prosperity  and  development, 
not  of  this  continent  only  but  of  the  world.  Existing  for  a 
quarter  of  a  century  or  more  only  in  the  brain  of  enthusi- 
astic dreamers,  it  remained  for  the  statesmen  who  con- 
trolled the  destinies  of  the  country  in  the  dark  hours  of 
her  struggle  with  armed  rebellion  to  crystallize  that  dream 
into  a  practical  enactment;  and  it  remained  for  the  daring 
enterprise  of  the  capitalists  and  business  men  of  that  time 
to  carry  out  the  enactment  to  a,  glorious  consummation. 

Like  everything  human,  no  matter  how  excellent,  it  had 
its  imperfections.  It  was  marred  and  scarred  by  the  con- 
nection   with    it    in    its    early    history    of    sordid    men,    who 


NEBRASKA   IN   THE  U.   S.    SENATE.  285 

saw  nothing-  in  it  better  than  a  means  of  adding-  to  their 
"wealth  and  their  gain;  and  like  everything  human  that  is 
successful,  it  had  no  sooner  become  a  success  than  it  be- 
came, and  still  is,  the  object  of  continued  bitter  and  persist- 
ent attack. 

During-  the  process,  of  its  construction  the  country  rang 
with  plaudits  of  the  magnificence  of  the  enterprise  and 
approval  of  the  courage  and  energy  with  which  it  was 
prosecuted.  Xo  sooner  was  it  completed  than  the  country 
rang,  as  it  still  rings,  with  denunciation  of  it  as  a  mighty 
fraud  and  swindle.  I  assert,  Mr.  President,  and  I  do  so 
without  the  fear  of  successful  contradiction,  that  assuming 
that  not  one  dollar  of  the  principal  or  interest  of  the  bonds 
which  were  advanced  by  this  government  to  this  railroad 
had  ever  been  or  ever  would  be  paid  except  by  the  transpor- 
tation which  this  company  affords  to  the  government,  and 
saying  nothing  of  the  vast  and  almost  measureless  secon- 
dary consequential  advantages  which  this  country  has  re- 
ceived, and  is  receiving,  and  is  destined  to  receive,  this 
country  has  received  every  year,  in  transportation  alone, 
twice  the  amount  of  the  interest  which  she  has  paid  upon 
these  bonds;  that  she  has  received  a  fund  which  so  far  ex- 
ceeds the  interest  she  has  paid  upon  these  bonds  that  it 
will,  prior  to  the  time  when  the  bonds  become  due,  amount 
to  a  much  greater  sum  than  the  amount  of  the  bonds. 

Sustaining  his  views  of  the  subject  he  quoted  at  length  from 
senators'  speeches  when  the  original  Union  Pacific  bill  passed, 
and  also  from  a  House  report  showing  that  transportation  over 
the  plains  before  1862  was  costing  the  government  from  five  to 
seven  millions  annually,  whereas  the  annual  interest  on  bonds 
would  be  one  million  per  year. 

REFORM    SCHOOL. 

The  last  matter  of  business  accomplished  by  him  twenty-four 
hours  before  the  expiration  of  his  term,  was  the  passage  of  an 
amendment  to  an  appropriation  bill. 

Mr.  Hitchcock:  I  have  been  for  six  years  a  member  of 
the  District  Committee,  and  I  am  somewhat  familiar  with 
the  appropriations  which  have  been  made  in  the  name  of 
charity  to  this  district,  and  I  believe  of  all  the  appropria- 
tions made  there  are  none  that  have  produced  more  benefi- 
cent results  from  a  small  expenditure  than  the  appropria- 
tions which  we  have  made  annually  for  the  reform  school. 


280  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

They  have  out  there  to-day  a  farm  of  150  acres.  There  are 
about  200  boys  kept  on  that  farm,  at  a  very  small  expense. 
They  need  more  land  in  order  to  employ  the  boys  wisely 
and  well.  They  need  it  in  order  that  they  may  get  a  front 
upon  the  east  branch,  so  they  may  obtain  ice.  They  need 
it  to  prevent  neighbors  who  will  interfere  with  the  welfare 
of  the  boys  getting  possession  of  the  land. 

TERRITORY    OF    THE    BLACK    HILLS. 

His  amendment  being  adopted  he  might  have  retired  satis- 
fied that  an  honored  service  had  closed  with  a  parting  tribute 
to  "sweet  charity'';  but  by  long  association  and  labors,  the  ter- 
ritories had  become  to  him  children  of  an  older  growth  pleading 
for  their  patrimony. 

At  the  end  of  a  tedious  night  session,  on  the  morning  of  the 
day  of  adjournment,  he  moved  to  take  up  a  bill  for  organizing 
the  Territory  of  the  Black  Hills. 

Mr.  Hitchcock:  If  I  may  be  allowed  a  single  moment,  I 
wish  to  state,  that  I  think  if  we  can  reach  a  vote  on  the  bill, 
no  senator  can  particularly  object  to  its  passage  through 
the  senate.  It  will  gratify  me  exceedingly  if  it  can  be 
passed  through  the  senate,  at  least,  at  the  close  of  my  term 
as  a  senator. 

There  being  no  hope  for  it  in  the  House,  at  that  session,  and 
every  senator  being  burdened  with  unfinished  business,  its  fate 
was  to  "pass  over." 

But  in  view  of  his  persistent  and  intelligent  efforts  in  behalf 
of  the  territories,  Mr.  Hitchcock  merited  a  monument  of  Col- 
orado granite,  adorned  with  New  Mexican  silver  and  Black  Hills 
nuggets,  decorated  with  garlands  from  tree-cultured  prairies, 
and  inscribed  to  an  honest  service  closed  with  a  parting  tribute 
to  ''sweet  charity." 


NEBRASKA  IN  THE  U.  S.  SENATE.  287 


SENATOR  A.  S.  PADDOCK. 

March  5th,  1875-81  and  1887-93. 

The  oath  of  office  as  a  senator  of  the  United  States  was  ad- 
ministered to  Mr.  Paddock  in  a  special  session  of  the  senate 
March  5th,  1875. 

Mr.  Morton,  of  Indiana,  a  prime  factor  in  the  Republican 
party,  almost  amounting  to  a  political  dictator,  moved  the  ad- 
mission of  P.  B.  S.  Pinchback  as  senator  from  the  state  of 
Louisiana,  on  an  election  two  years  previous,  and  from  one  of 
two  rival  legislatures.  The  case  having  gone  over  to  the  first 
regular  session  of  December,  1875,  Mr.  Paddock  made  it  the 
subject  of  his  maiden  speech,  having  only  previously  occupied 
the  attention  of  the  senate  with  a  few  incidental  remarks  rela- 
tive to  the  expenses  of  the  admission  of  Colorado  as  a  state. 

Having  promised  that  if  the  contest  were  purely  political,  or 
reduced  to  a  choice  of  the  "lesser  of  two  evils"  he  would  sus- 
tain the  present  applicant,  he  then  set  forth  in  most  unequivocal 
terms  his  view  of  party  duty  in  the  existing  emergency. 

Mr.  President — As  it  is  mainly  an  issue  between  Mr. 
Pinchback  and  the  law,  I  shall  vote  for  the  law  as  I  under- 
stand it.  Albeit,  I  have  not  arisen  to  make  a  legal  argu- 
ment. That  indeed,  sir,  would  be  a  work  of  supererogation 
on  my  part  after  the  weary  years  of  very  able  discussion 
that  have  already  been  given  to  this  question.  I  shall  not  so 
consume  the  time  nor  so  abuse  the  patience  of  the  senate. 
I  desire  only  to  say  a  few  brief  words  in  a  spirit  of  the 
utmost  kindness,  sincerity  and  candor  to  my  republican 
brethren  in  the  senate  and  out  of  it  as  well.  In  my  opinion, 
sir,  the  republican  party  will  not  be  strengthened  by  the 
admission  of  Mr.  Pinchback  under  the  election  upon  which 
he  bases  his  claim.  A  suspicion,  almost  a  conviction,  sir, 
pervades  the  public  mind  everywhere  that  this  selection  was 
altogether  a  farce.  Indeed,  sir,  very  many  republicans, 
some  of  them  in  this  chamber,  more  of  them  outside,  who 
have  carefully  examined  all  the  law  and  all  the  evidence, 
anxious  to  discover  therein  the  proper  warrant  of  authority 
for  Mr.  Pinchback's  admission  to  a  seat  in  this  body,  have 
been    forced    to    the    conclusion    that    it    cannot    be    found. 


288  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

Moreover,  sir,  the  whole  case  is  so  closely  related  extrinsl- 
cally  to  a  condition  of  political  affairs  in  Louisiana  which 
is  admitted  on  all  hands  to  be  so  deplorable,  while  in  and  of 
itself,  it  has  so  few  of  the  elements  which  the  people  are 
sure  to  require  before  they  give  to  it  their  approval,  and 
it  is  withal  immediately  environed  by  complications  so  un- 
republican  in  character,  that  in  my  humble  judgment  we 
had  better  let  it  alone  entirely.  I  say  this,  sir,  with  the  ut- 
most deference  for  the  opinions  of  the  very  able  patriotic 
senators  here  who  think  otherwise.  And,  sir,  I  wish  it  to 
be  distinctly  understood  that,  in  what  I  may  say  upon  this 
question,  I  disclaim  utterly  any  intention  to  impugn  the 
motives  or  to  criticise  the  action  of  any  senator  upon  this 
floor.  I  accord  to  all  what  I  claim  for  myself:  a  conscien- 
tious desire  to  discharge  faithfully  an  important  public 
duty. 

In  further  uttering  a  note  of ■  warning,  he  said: 

The  people  admire  genuine  manhood  in  the  individual; 
they  demand  its  fullest  aggregation  and  development  in  a 
political  party.  The  republican  party  learned  this  long  ago. 
By  its  own  acts  alone  will  it  be  judged  at  the  bar  of  public 
opinion  and  receive  the  approval  or  condemnation  of  the 
public  as  it  may  deserve. 

As  the  blood  of  the  emancipated  race  flowed  in  the  veins  of 
the  Louisiana  senator  elect,  Mr.  Paddock  declared  he  did  not 
believe  the  admission  of  that  officer  would  advantage  the  negro 
population. 

They  can  make  no  greater  mistake,  sir,  than  to  insist 
that  the  republican  party,  their  natural  ally  and  friend, 
shall  take  part  with  them  in  aggressive  political  movements 
which  may  be  attended  by  many  irregularities  and  sur- 
rounded by  illegal  complications. 

The  supremacy  of  the  republican  party,  sir,  must  depend 
altogether  upon  the  acceptability  of  its  policies  to  the  in- 
telligent and  the  law  abiding  people  of  the  great  North. 
They,  sir,  will  give  much  to  the  colored  people  of  the  South 
for  defensive,  but  nothing  for  offensive  warfare. 

This  initial  effort  of  the  new  senator  from  Nebraska  "drew 
the  fire''  of  several  distinguished  political  marksmen,  who  in- 
dulged in  the  phrase — "our  lecturer,"  and  evoked  from  General 
Logan,  of  Illinois,  the  declaration — "I  do  not  feel  like  sitting 


NEBRASKA  IN  THE  U.  S.  SENATE.  289 

here  and  being  lectured  by  a  republican  on  account  of  the  vote 
I  shall  cast."  The  resolution  of  admission  was  never  adopted. 
Having  entered  into  a  defense  of  his  party  it  was  an  easy  and 
natural  transition  to  the  defense  of  emigrants  and  of  his  own 
constituents  in  the  vicinity  of  Indian  reservations. 

PIONEERS   VINDICATED. 

Mr.  Paddock:  There  ought  not  to  be  a  single  day's  delay 
in  considering  this  question.  It  seems  to  me  that  the  senate 
ought  to  take  up  the  matter  to-day  and  conclude  it.  The 
fact  is  patent  to  all  that  these  people  are  already  there  in 
large  numbers,  and  that  there  is  bloodshed,  carnage,  and 
destruction  of  life  and  property  by  this  savag"e  tribe  which 
contests  the  advance  of  civilization. 

Action  ought  to  be,  and  must  be,  had  at  once,  and  while  I 
am  up  I  must  be  permitted  to  say  that  it  has  been  a  very 
fashionable  thing  here  to  reflect  upon  the  brave  and  enter- 
prising people  on  the  frontier  who  have  sometimes  pushed 
forward  into  the  so-called  Indian  country;  but  it  should  be 
remembered  by  our  friends  in  the  East  that  our  friends  on 
the  frontier  are  only  following  the  illustrious  examples 
that  have  been  set  long  before.  They  are  only  doing  that 
which  was  done  by  the  Pilgrim  Fathers  when  they  landed 
on  Plymouth  Rock,  and  by  those  who  afterwards,  following 
their  example,  went  into  Pennsylvania,  Ohio,  Indiana, 
Illinois,  Iowa,  and  other  sections,  repeating  the  history  that 
had  been  made  before. 

It  is  utterly  impossible  to  restrain  the  American  people 
when  opportunities  are  presented  to  advance  their  fortunes. 
The  same  spirit  of  enterprise  impresses  all,  whether  they 
reside  in  New  England  or  Nebraska. 

IMPEACHMENT  OF  BELKNAP. 

During  the  44th  Congress  Senator  Paddock  was  called  upon 
to  sit  as  a  member  of  a  High  Court  of  Impeachment,  for  the 
trial  of  W.  W.  Belknap,  who  as  Secretary  of  War  during  Gen- 
eral Grant's  administration,  in  1876,  was  charged  by  the  house 
of  representatives  with  having  corruptly  received  large  sums 
of  money  for  appointing  a  post  trader  at  Fort  Sill. 

The  case  finally  turned  upon  the  plea,  that  before  the  case 
was  filed  in  the  court  of  impeachment  (the  senate)  Secretary 
Belknap  tendered  his  resignation,  which  was  accepted  by  Gen- 
20 


290  NEBRASKA    STATE    HISTORICAL     SOCIETY. 

era]    Grant,   and  therefore  became  a  private  citizen,   and  not 
amenable  to  removal  from  office. 

"When  the  name  of  Senator  Paddock  was  called  he  responded: 

Believing  that  neither  the  Avritten  words  of  the  constitu- 
tion nor  the  spirit  of  our  republican  institutions  warrant 
the  impeachment  of  a  private  citizen  when  impeached,  and 
further  believing  that  the  questions  of  fact  go  hand  in  hand, 
always  inseparable,  to  final  judgment,  without  reference 
to  the  facts  as  charged  in  this  article,  I  vote  "not  guilty." 

^ith  the  opening  of  the  45th  congress  it  was  evident,  from 
his  committee  assignments,  that  Senator  Paddock  would  have 
ample  opportunity  for  a  vast  amount  of  work,  being  made  chair- 
man of  the  committee  on  Agriculture,  and  second  upon  that 
of  Public  Lands  and  Enrolled  Bills,  and  third  upon  that  of  Post 
Offices  and  Post  Koads. 

Early,  therefore,  he  is  found  in  an  animated  contest  with  the 
senators  of  Colorado  and  the  greatly  distinguished  Judge  Thur- 
man,  of  Ohio,  relative  to  the  Union  Pacific  Railroad  and 
branches. 

AGRICULTURE. 

But  by  far  his  most  elaborate  and  critical  effort  was  his 
speech  upon  agriculture,  as  the  foundation  of  national  wealth — 
as  to  the  number  of  our  population  employed  by  it,  and  its 
reasonable  demands  for  government  aid.  In  a  single  year,  when 
our  total  exports  amounted  to  |T39,971,739,  the  amount  resulting 
from  agricultural  products  equaled  $536,038,951.  This  discus- 
sion involved  the  protection  of  crops  and  fruit  from  destroying 
insects,  domestic  animals  from  such  diseases  as  cholera,  pleuro- 
pneumonia and  rinderpest;  and  their  cheaper  transportation  to 
market  and  the  opening  up  of  numerous  friendly  ports  for  their 
reception. 

The  establishment  of  forestry  as  an  aid  and  an  agricultural 
education,  and  liberal  enactments  relative  to  the  introduction 
of  raw  materials  all  came  in  for  incidental  prominence.  On  the 
latter  point  he  said: 

Now,  I,  myself,  was  educated  in  the  political  school  of 
Henry  Clay,  and  while  T  yet  think  that  in  some  cases  and  in 


NEBRASKA   IN   THE  U.   S.    SENATE.  291 

some  circumstances  protection  through  high  revenue  tariff 
may  answer  a  good  purpose,  I  am  forced  to  believe  that  for 
the  states  that  are  exclusively  agricultural  it  may  be  on  the 
whole  an  injurious  policy.  I  speak  now  only  of  and  to  those 
states.  Undoubtedly  we  would  be  immensely  benefited  if 
all  raw  materials  used  by  the  skilled  labor  of  the  country 
in  the  manufacture  of  articles  absolutely  necessary  to  the 
wardrobe  of  the  farmer,  the  laboring-  man,  and  their 
families;  and  all  articles  of  food,  not  luxuries,  could  be  ad- 
mitted free  of  duty. 

In  his  opinion  the  exigencies  of  the  case  demanded  more  in- 
telligent farmers  in  congress. 

I  say  this,  Mr.  President,  with  all  due  respect  for  the  300 
lawyers,  more  or  less,  who  to-day  occupy  seats  in  the  two 
Houses  of  Congress.  All  things  that  are  possible  for  any 
one  are  possible  for  him,  and  jet  his  class  rarely  has  direct 
personal  representation  in  the  great  executive  and  legisla- 
tive offices  of  the  government.  The  answer  is  easy.  It  is 
because  farmers  are  satisfied  with  giving  to  their  children 
only  inferior  education  when  it  is  apparent  that  of  all  the 
youths  of  the  land  they  should  secure  the  most  careful 
training,  the  most  thorough,  the  most  general  instruction. 

In  this  congress  there  occurred  an  occasion  away  from  the 
dryness  of  statistical  statement,  and  bitterness  of  political  con- 
tention, in  which  sentiment  deposited  its  treasures,  genius  wove 
garlands,  and  rhetoric  twined  them  about  the  monumental 
shaft.  The  event  was  the  memorial  services  in  memory  of  Sen- 
ator Morton,  renowned  "War  Governor*'  of  Indiana. 

In  Mr.  Paddock's  contribution  of  affection  occurs  the  follow- 
ing: 

TRIBUTE    TO    MORTON. 

Me.  Paddock:  Mr.  President — I  never  saw  Senator  Morton 
arise  to  address  the  senate  during  our  brief  service  together 
here  when  I  was  not  oppressed  with  the  fear  that  it  might 
be  his  last  effort  in  this  chamber.  Indeed  he  appeared  to 
be  as  one  standing  ever  in  the  very  shadow  of  the  uplifted 
hand  of  the  Angel  of  Death,  ready  and  waiting  for  the  al- 
ways impending,  the  always  expected  blow.  He  rose  from 
his  chair  with  great  difficulty  and  often  undoubtedly  with 
much  pain.  Frequently  while  speaking  he  was  compelled, 
from  sheer  physical  exhaustion,  to  resume  his  seat;  and 
some  of  the  greatest   efforts  of  his  life  were  made  while 


292  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

sitting-  in  yonder  chair.  A  less  determined  spirit  would  have 
suciumbed  to  so  serious  a  physical  derangement;  but  his 
great  intellect  seemed  to  become  clearer,  brighter,  more 
vigorous,  his  iron  will  to  strengthen,  his  moral  courage  to 
increase,  as  his  physical  organism  became  weaker  from  the 
attacks  of  the  insidious  disease  that  was  slowly  but  surely 
undermining  it. 

I  have  seen  the  mighty  oak,  with  its  great  bole,  symmetri- 
cal and  strong,  with  its  wealth  of  graceful  limbs,  with  its 
glory  of  leaf  and  shade  forming,,  all  in  all,  one  of  the 
highest  types  of  blended  power  and  beauty,  in  nature  a 
very  monarch  among  his  fellows,  to  whom  they  seemed  to 
mutely  bow  as  with  acknowledgment  of  primacy.  After- 
wards I  have  seen  this  wonder  of  the  forest — which  nature 
had  so  lavishly  expended  her  forces  to  upbuild,  and  which 
had  during  many  generations  withstood  the  assaults  of  the 
angry  tempests,  gaining  in  each  struggle  increased  develop- 
ment and  strength— suddenly  rent  and  riven,  a  deepened 
wound  upon  its  noble  trunk  pointing  out  the  lightning's 
track;  and  yet  its  umbrageous  canopy  of  limb  and  leaf  ap- 
peared, if  possible,  more  perfect,  more  beautiful  than  ever. 
I  cannot  tell — perhaps  no  one  but  the  Great  Creator  Himself 
will  ever  know— whether  there  may  not  have  been  specially 
imparted  to  it,  through  some  Dryad  medium,  something  of 
that  force  of  will  from  the  source  of  all  power  which  gave 
to  that  charred  and  broken  and  wounded  trunk  the  needed 
strength  to  draw  from  the  fruitful  soil  the  sustaining  ele- 
ments necessary  to  the  continuance  of  its  great  life.  A 
few  years  later  I  have  found  this  stupendous  growth  of  na- 
ture a  blasted,  withered  thing.  A  second  bolt  from  Jove's 
awful  hand  had  descended  and  robbed  it  forever  of  life, 
and  strength,  and  beauty;  for  the  very  last  time  it  had 
"flung  down  its  green  glories  to  battle  with  the  wind  and 
storm." 

In  respect  of  its  inherent  strength,  its  remarkable  de- 
velopment, its  superlative  power  and  endurance  at  the  ma- 
turity of  its  growth  entitling  it  to  superior  rank  among 
its  fellows,  as  well  as  its  final  blight  and  decay,  this  won- 
derful creation  of  nature  was  aptly  illustrative  of  the  great 
life  of  the  deceased  senator  before  whose  open  grave  we 
mourn.  To  him  there  was  given  a  mental  and  physical 
organism  with  each  faculty,  each  force  so  carefully,  so  per- 
fectly adjusted  to  every  other,  the  whole  constituting  a 
manhood  of  such  symmetry  and  strength  and  power  that 
in  any  sphere  of  life  must  have  commanded  for  him  su- 
perior station  among  his  fellows.  Endowments  so  rare  were 
his,  that  of  their  own  force,  by  their  own  momentum,  they 
impelled  him  to  the  fore-front,  to  intellectual  primacy,  to 


NEBRASKA  IN  THE  U.  S.  SENATE.  293 

leadership;  and  this  position  once  secured  was  easily  held 
through  that  instinctive  concession  of  prudence  which  the 
masses  of  men  always  make  to  the  possessor  of  such  facul- 
ties. 

As  the  oak  grew  broader  and  stronger  from  its  tempest 
conflicts  so  did  this  noble  manhood  broaden  and  strengthen 
in  the  encounters  incident  to  a  life  of  leadership  among 
men.  , 

TRIBUTE    TO    FRANK    WELCH. 

On  a  similar  occasion  Mr.  Paddock  paid  a  graceful  and  tender 
tribute  to  the  memory  of  lion.  Frank  Welch,  of  Nebraska,  fur- 
nishing in  the  conception  and  style  a  counterpart  to  the  beau- 
tiful simile  so  successfully  amplified  in  the  word  portrait  of 
Senator  Morton. 

Mr.  President — It  is  with  no  "hollow  circumstance  of 
woe,"  but  as  one  sorrows  for  a  brother  lost,  as  a  family 
in  sackcloth  mourns  when  the  insatiate  archer,  entering-  its 
charmed  circle,  selects  for  his  victim  the  favorite  of  the 
flock,  that  we,  each  and  all,  in  the  State  he  loved  so  well,  and 
served  so  faithfully,  did  say  peace  and  farewell  to  his  ashes. 
At  length  they  bore  him  from  us,  and  now  his  ashes  mingle 
with  the  soil  of  Massachusetts.  To  us,  sir,  who  loved  Frank 
Welch — and  we  all  did  love  him;  to  us  who  labored  with  him 
from  the  smallest  beginnings  in  the  territorial  times  to 
the  days  of  stalwart  statehood  for  Nebraska;  there  is  in- 
deed left  the  record  of  his  honorable  citizenship;  the  proud 
monuments  of  his  public  services,  the  sweet  memory  of  his 
personal  graces,  and  of  his  frank  and  generous  nature,  the 
valued  example  of  his  earnest  life;  and  these,  sir,  shall  be 
ours  evermore.  Remembering  this,  sir,  with  such  cheerful- 
ness and  resignation  as  we  could  command  we  responded 
to  the  appeal  of  maternal  affection  and  returned  to  Massa- 
chusetts the  mortal  casket — broken  and  useless  to  be  sure — 
which  once  had  held  this  priceless  jewel.  On  behalf  of  the 
young  State  whose  institutions  Frank  Welch  helped  to 
mould  I  sent  greetings  and  grateful  acknowledgments  to 
Massachusetts  for  the  valued  services  of  this  her  son  in  our 
up-building.  But  remember,  senators  of  that  grand  old 
commomvealth,  his  ashes  are  ours  as  well  as  yours.  You 
received  them  from  us  with  our  love  and  our  tears;  you  gave 
them  honored  sepulture.  Now  guard  them  well,  wre  pray 
you;  for  when  the  last  trump  shall  sound,  and  they  who 
died  for  liberty  on  Bunker  Hill  and  the  other  patriots 
buried  there  shall  then,  in  glad  obedience,  come  forth,  no 
nobler  spirit  will  appear  than  his  whose   life,   commencing 


294  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

in  that  historic  place,  was  mainly  given  to  the  work  of  de- 
velopment and  civilization   which  resulted    in   the   establish- 
mentment  of  a  free  and  prosperous  commonwealth  in  the 
distant  West  where  only   a  little   time   before  the  Indian, 
undisturbed,    "pursued    the    panting    deer,"    and    "the    wild 
fox  dug  his  hole  unscared,"  in  a  land  where  no  white  man 
had  ever  dwelt  and  the  arts  of  peace  were  unknown. 
• 
All  that  can  be  said  of  him  in  connection  with  the  46th  con- 
gress commencing    in    1879    must    necessarily  be  compressed 
within  the  smallest  possible  space. 

Offering  an  amendment  to  make  more  efficient  the  United 
States  army  in  the  suppression  of  Indian  hostilities  and  the 
protection  of  life  and  property  on  the  frontier,  the  field  of  dis- 
cussion embraced  numerous  topics  of  general  interest. 

NEBRASKA. 

A   state  scarcely   twelve  years   old.  with   a  population   of 
i  400,000     distributed     sparsely     over     seventy-five     thousand 

square  miles  of  territory,  seven-eighths  of  whom  are  en- 
gaged in  agricultural  pursuits,  possessing-  six  hundred 
churches,  three  thousand  or  more  district  schools,  with 
more  than  two  millions  invested  in  common  school  houses 
and  school  property;  a  state  in  which  the  sentiment  of 
temperance  is  so  strong-  that  a  bill  to  prohibit  the  sale  of 
all  spirituous  liquors  lacked  only  one  vote  of  its  passage 
in  the  last  legislature;  a  state  that  gives  anywhere  from 
10,000  to  20,000  republican  majority,  is  not  the  natural  abid- 
ing place  of  law-breakers  and  desperadoes. 

SOLDIERS. 

We  have  no  fear  of  the  soldier  in  our  stale.  We  respect 
and  love  and  give  our  fullest  confidence  to  the  army  of  the 
United  States.  A  nobler,  a  more  gallant  set  of  men,  does 
not  live,  in  or  out  of  uniform,  anywhere  on  God's  green 
earth. 

We  can  never  forget  the  yreat  service  they  have  rendered 
ns  in  defense  of  our  exposed  border.  We  know  the  hard- 
ships they  have  endured,  the  sacrifices  they  have  made,  the 
dangers  they  have  braved,  in  that  most  trying,  most  la- 
borious, most  important  service.  I  do  well  remember,  sir. 
that  every  house  in  our  state  was  a  house  of  mourning  a 
few  years  since  when  the  sad  intelligence  reached  us  that 
five  or  six  companies  of  cavalry,  the  very  flower  of  the  army 
of  the  United  Slates,  commanded  i>\    the  gallant  Custer,  had 


NEBRASKA  IN  THE  U.  S.  SENATE.  295 

been   utterly   annihilated    in    an   encounter    with    the    fierce 
and  barbarous  Sioux. 

SOLDIERS  NEAR  THE  POLLS. 

Mr.  President,  there  have  been  soldiers  near  the  polls 
at  the  city  of  Omaha  and  at  other  points  in  our  state  at 
every  election  for  ten  or  fifteen  years.  No  one  ever  heard 
of  a  voter  being  intimidated  there.  But,  sir,  if  our  native- 
born  citizens,  or  if  the  Germans  or  Irish  or  Scandinavians. 
should  either  of  them  take  up  arms  to  prevent  either  of  the 
other  nationalities  from  voting-  at  an  election  for  members 
of  congress,  or  if  either  or  all  of  them  combined  should  turn 
out  to  intimidate  the  three  or  four  hundred  negro  voters 
from  casting  their  honest  ballots  at  such  an  election,  there 
is  not  a  citizen  of  that  state  of  any  party  who  would  not 
thank  God  for  the  presence  of  the  United  States  troops  and 
for  a  law  governing-  their  movement  that  would  permit 
their  use  in  protecting  the  weaker  ag-ainst  the  stronger 
class  of  voters,  when  no  other  force  could  be  commanded 
to  perform  such  duty;  and  no  man  of  any  sense  in  that 
state  would  be  afraid  of  the  abuse  of  such  a  law. 

SERIOUS    COMPLICATION. 

This  western  section  of  Nebraska  is  one  of  the  finest 
pasture  fields  on  the  face  of  the  earth.  It  is  within  bounds 
to  say  that  not  less  than  a  quarter  of  a  million  head  of 
cattle  are  to-day  grazing  upon  the  nutritious  natural  grasses 
of  that  vast  region.  The  pioneer  tiller  of  the  soil,  the 
homesteader  is  also  there. 

Unfortunately  these  two  interests  conflict  and  therefrom 
bitter  antagonisms  have  sprung  which  have  helped  to  in- 
crease the  complications.  Tt  is  true  there  are  two  or 
three  small  military  posts  along-  the  western  line  of  the 
State,  but  these  are  almost  of  no  account  in  preserving  the 
peace  between  the  "homesteader  and  the  cowboys,"  who 
dispute  with  each  other  for  the  occupancy  of  that  fertile 
country;  between  the  Indian  and  white  outlaw  who  steal 
from  each  other;  between  all  these  and  the  capitalists  who 
have  millions  of  dollars  in  herds  of  cattle  and  horses  scat- 
tered widely  over  that  country  upon  which  the  Indian, 
whose  ponies  have  been  stolen  by  the  white  outlaw,  makes 
reprisals,  upon  which  the  outlaw,  disguised  perhaps  as  an 
Indian,  makes  raids,  or  for  the  general  protection  of  these 
great  interests  which  are  otherwise  imperiled  through  the 
antagonisms  between  the  classes  to  which  I  have  referred, 
our  army  cannot,  as  the  law  now  stands,  give  aid  to  a 
sheriff  or  other  civil  officer,  anywhere,  for  any  purpose 
whatever. 


296  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

CONCLUSION. 

In  the  interest  of  peace,  for  the  enforcement  of  the  laws, 
for  the  protection  of  life  and  property,  for  the  purpose  of 
insuring'  to  every  citizen  of  every  nationality,  whatever  may 
be  bis  religious  faith,  whatever  his  political  opinions, 
whatever  the  color  of  his  skin,  whatever  his  occupation, 
whether  he  be  rich  or  poor,  high  or  low,  citizen  or  stranger, 
although  he  may  be  found  in  the  remotest  corner  of  our 
state,  the  same  privileges  and  immunities  that  may  lie 
enjoyed  by  any  other  citizen  anywhere  in  this  broad  land  of 
ours,  we  ask  you  to  remove  these  restrictions  so  far  as  they 
may  operate  to  render  the  army  emplojed  upon  the  frontier 
useless. 

In  the  session  of  1880,  when  urging  a  claim  for  an  addition 
to  the  school  fund  of  the  State,  demanding  that  lands  located 
by  warrants  and  those  included  in  Indian  reservations  should 
pay  five  per  cent  to  that  fund,  as  lands  sold  did,  the  senator 
found  an  opportunity  to  exalt  Nebraska  at  the  expense  of  im- 
perious Vermont. 

NEBRASKA  AND  VERMONT  CONTRASTED. 

Mr.  President — From  nothing  whatever  in  1854  Nebraska 
has  grown  to  a  population  of  500,000  with  an  assessed  valua- 
tion of  fully  $100,000,000,  and  that,  too,  without  assessing 
the  vast  estate  of  the  Federal  Government  therein.  With 
six  hundred  churches,  three  thousand  schoolhouses,  with  a 
surplus  of  the  agriculture  of  the  past  year  over  the  re- 
quirements for  home  consumption  of  at  least  500,000,000 
bushels  of  wheat  and  corn,  more  than  500,000  hogs  and  300,- 
000  beeves,  to  say  nothing  of  other  products  of  lesser  im- 
portance sent  out  for  distribution  to  the  consumers  of 
states  less  favored  in  these  respects.  Moreover  while  Ver- 
mont paid,  for  the  fiscal  year  ending  June  30,  1879,  only 
?50,lfJ'  in  internal  revenue  taxes  for  the  support  of  the 
Federal  government,  Nebraska  paid  for  the  same  year 
$870,309,  more  than  seventeen  times  as  much  as  Vermont, 
in  a  single  year.  Since  Nebraska  was  admitted  as  a  state  in 
1866-G7  it  has  paid  more  than  $4,000,000  internal  revenue 
taxes.  And  while  Vermont,  during  the  last  five  years,  has 
paid  less  than  $300,000,  Nebraska  has  paid  during  the  same 
period  about  $3,000,000. 

When  the  46th  congress  closed  his  first  term  of  six  years,  the 
record  showed  that  including  incidental  remarks  and  prepared 


NEBRASKA  IN  THE  U.  S.  SENATE.  297 

speeches,  be  had  addressed  the  senate  164  times,  independent 
of  twenty  written  reports  and  of  the  presentation  of  one  hundred 
and  twenty-nine  bills,  nine  of  which  passed  the  senate.  Being 
succeeded  by  C.  H.  Van  Wyck,  in  1881,  whose  term  expired  in 
1887,  Mr.  Paddock  devoted  the  interim  as  an  active  member 
of  a  commission  established  for  the  suppression  of  polygamy  in 
Utah. 

On  his  return  to  the  senate  in  December,  1887,  at  the  com- 
mencement of  his  second  term  of  six  years,  Mr.  Paddock  made  a 
vigorous  attack  upon  the  Post  Office  Department,  claiming  that 
the  interests  of  the  West  had  been  overlooked  in  behalf  of  the- 
South  and  East. 

From  a"  long,  compact,  and  statistical  speech  we  have  a  de- 
scription in  terse  language  of  the  "Average  American" — 

Mr.  President — The  average  American  citizen  is  a  man  of 
broad  views,  strong  in  purpose,  intensely  patriotic,  aggres- 
sive and  enterprising.  He  is  proud  of  his  country  and  its 
institutions,  he  demands  of  the  governing-  power  that  it 
shall  be  the  aggregate  personification  of  what  he  himself 
is,  and  the  party  having  the  responsibility  of  administration 
which  refuses  great  opportunities,  when  properly  presented, 
to  increase  the  wealth  and  prosperity,  the  power  and  the 
glory  of  the  Republic,  and  spends  its  time  in  trying  to 
save  a  dollar  in  the  purchase  of  tape  and  tabs  and  wrapping 
paper,  will  surely  come  to  grief  when  the  people  who  are 
the  sovereigns  can  reach  it  through  the  ballot  box.  I  beg 
to  warn  our  democratic  friends  that  the  deluge  is  at  hand, 
and  there  will  have  to  be  some  very  lively  swimming  on 
their  part  or  they  will  go  down  beneath  the  waves  of 
popular  disfavor  and  distrust,  ■which  their  own  administra- 
tion has  set  in  motion  by  its  incompetency  and  its  blun- 
ders. 

On  a  bill  for  a  bureau  of  Animal  Industry,  and  to  facilitate 
the  transportation  of  live  stock  and  to  extirpate  contagious 
pleuropneumonia,  he  delivered  an  able  speech,  covering  the 
constitutional  power  and  national  necessity. 

Tn  it  he  said: 

Mr.  President,  it  would  be  impossible  to  estimate  the 
importance  of  this  subject.  In  a  comparatively  few  years 
pleuro-pneumonia    has    cost    the    country    directly    and    in- 


298  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

directly  $10,000,000.  Within  ten  years  the  lossc-  Erom  hog 
cholera  have  been  estimated  at  the  enormous  sum  of  $:!00.- 
000,000  or  more.  We  have  today  125.000,000  farm  animals 
at  the  mercy  of  infectious  diseases  which  commonly  affect 
herds  and  flocks.  In  western  Europe  a  single  epidemic  of 
The  rinderpest  swept  away  30,000,000  head  of  cattle,  of  the 
estimated  value  of  $1,500,000,000.  France  alone  during  the 
last  century  lost  10,000,000  head  of  cattle  from  malignant 
diseases.  In  the  years  from  1856  to  1862  lung  fever  and 
epizootic  cost  Great  Britain  over  one  million  head  of  cattle 
worth  $50,000,000;  and  eighteen  months  in  1S65-66,  from  rin- 
derpest $10,000,000  more  were  added  to  the  cattle  losses  of 
the  same  country.  The  national  government  must  deal 
with  this  matter;  congress  cannot  shift  the  matter  to  the 
States.  One  method  in  one  state,  another  system  in  an- 
other, and  none  of  any  kind  in  many,  with  non-co-operation 
between  all,  will  not  do. 

At  the  end  of  this  congress  he  had  addressed  the  senate  six- 
teen times — introduced  forty-five  bills  of  which  twenty  passed 
the  senate  and  twelve  became  laws,  and  while  active  on  the 
committees  on  Agriculture,  Lands  and  Pensions  presided  over 
that  of  Mississippi  River  improvements. 

With  the  opening  of  the  51st  congress,  having  had  eight  years 
of  experience  in  national  legislation,  Mr.  Paddock  was  so  well 
equipped  for  greater  works  and  more  extended  discussioD,  that 
the  merest  reference,  by  fragmentary  quotations,  is  all  that  can 
be  given  of  numerous  valuable  speeches. 

WESTERN    MORTGAGES. 

On  the  subject  of  western  mortgages  we  have: 

Mr.  President — I  want  to  record  the  statement  here,  that 
not  to  exceed  1  per  cent,  of  the  mortgage  indebtedness,  if  so 
much  as  that,  of  my  State,  represents  actual  losses  in  the 
prosecution  of  agricultural  industry.  Indeed.  I  believe  that 
seven-eighths  of  the  mortgage  indebtedness  of  that  State 
represents  purchases  made  through  deferred  payments 
among  those  engaged  in  agriculture,  who  have  found  it 
advantageous  to  themselves  to  acquire  additional  tracts  of 
land,  or  to  increase  their  flocks  and  herds.  I  wish  to  say 
that  the  representations  which  have  been  made,  published 
and  spread  broadcast  over  the  country  in  newspapers  and  in 
public  speeches  during  the  past  year  by  certain  pessimists 


NEBRASKA  IN  THE  U.  S.  SENATE.  299 

and  demagogues  respecting  the  indebtedness  of  the  agri- 
cultural class  in  my  State,  were  cruel  in  their  character  at 
least,  a  libel  upon  my  State  and  its  farmers,  and  in  all 
respects  villainously  false. 

UTAH. 

Having  been  a  member  of  the  Utah  commission,  the  senator 
took  great  interest  in  everything  relating  to  the  material  in- 
terest of  the  Territory.  Advocating  an  appropriation  for  a  pub- 
lic building  he  said: 

It  is  well  known,  I  suppose,  by  the  senator  from  Kansas, 
it  is  certainly  by  Western  people  generally,  that  Salt  Lake 
is  at  the  present  time  one  of  the  most  prosperous  and  one 
of  the  most  rapidly  growing  cities  in  the  West,  and  that  it 
has  a  population  to-day  of  fully  50,000.  It  is  the  great 
leader  among  the  cities  of  the  West,  second  only  to  Denver 
and  Omaha  of  the  cities  between  Chicago  and  San  Fran- 
cisco. It  is  a  city  which  undoubtedly  within  five  years  will 
have  a  hundred,  or  more,  thousand  people. 

INDIANS  IN  REPOSE. 

A  senator  having  dwelt  upon  hunger  as  the  cause  of  Indian 
outbreaks,  was  answered  as  follows: 

While  I  am  up  I  should  like  to  say  a  single  word  with 
reference  to  this  theor3'  of  the  hunger  of  the  Indians.  It  is 
well  known  on  the  frontier  by  those  who  know  something 
of  the  Indian  character,  and  particularly  the  Indian  ap- 
petite, that  the  Indian  is  always  hungry  until  he  is  filled 
to  repletion,  which  means  to  be  filled  up  to  his  chin.  When- 
ever there  is  a  depression  or  settling  down  of  this  inside 
lining  he  immediately  becomes  hungry,  and  so  whenever  he 
appears  anywhere  or  anybody  interviews  him  in  respect  to 
the  condition  of  his  appetite,  he  is  ready  to  state  that  he 
is  hungry,  if  he  is  not  full  to  overflowing  from  a  very  recent 
filling. 

TARIFF. 

In  the  tariff  discussion  of  1890.  of  which  came  the  celebrated 
McKinley  bill,  Mr.  Paddock  sketched  the  rise  of  the  Republican 
party,  its  enactment  of  that  measure,  the  reign  of  peace  de- 
manding its  modification,  benign  results  of  protection  to  gen- 
eral interests,  and  its  vindication  in  the  sudden  and  astounding 
growth  of  the  western  agricultural  region.  Yet  he  frankly  ad- 
mitted: 


300  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

That  the  people  of  the  West  begin  to  think  that  if  a 
mirnber  of  the  most  protected  of  these  industries  are  ever 
to  learn  to  stand  alone,  their  hands  should  soon  be  forcibly 
released  from  the  skirts  of  high  protection,  to  which  they 
so  persistently  cling. 

Iii  accordance  with  legislative  instructions  he  voted  for  "free 
lumber,"  and  for  free  machinery  for  the  sugar  beet  manufactur- 
ers, during  their  infancy.  The  bill  as  passed  in  the  senate,  hav- 
ing been  modified  in  a  committee  of  conference,  received  his 
condemnation : 

As  I  would  have  voted  as  a  republican  for  the  bill  as  it 
passed  the  senate,  so  I  shall  vote  now  against  it  as  a 
republican.  I  must  do  this  reg*ardless  of  consequences  to 
mj'self,  and  in  honest  compliance  with  what  I  believe  to  be 
representative  duty. 

In  the  closing  hours  of  the  51st  congress,  three  days  before 
adjournment,  having  for  three  years  assisted  in  perfecting  a 
bill  for  the  suppression  of  all  manner  of  adulterated  food,  drugs 
and  drinks,  the  senator  is  found  delivering  a  two  hours'  speech, 
being  a  comprehensive  analysis  of  congressional  and  par- 
liamentary reports,  sustained  by  chemical  research  and  the 
local  laws  of  numerous  states,  with  memorials  of  trade  asso- 
ciations and  dairy  commissioners,  Farmers'  Alliance  appeals 
and  pure  food  associations  all  over  the  land.  Although  the 
motion  to  attach  the  Pure  Food  Bill  to  an  appropriation  bill 
failed,  yet  a.  very  valuable  contribution  was  made  to  the  litera- 
ture of  the  senate  and  the  way  opened  up  for  future  triumph. 

CONCLUDING    PARAGRAPHS. 

Mr.  President,  this  measure  is  to  uphold  and  enforce  com- 
mercial  honesty,  the  pride  of  respected  and  respectable  mer- 
chants; commercial  confidence,  which  is  the  foundation  of 
trade;  business  integrity,  the  prime  basis  of  commerce. 
The  demand  comes  finally  from  the  great  agricultural  class 
of  the  country,  whose  products  are  depreciated  in  value  by 
hundreds  of  thousands  of  dollars  annually,  while  they  are 
robbed  of  millions  through  the  sophistication  of  the  articles 
of  food  consumed  by  themselves  and  their  children.  I 
assure  the  senate  that  the  men  for  whom  my  associates  and 
myself  speak  will  not  be  satisfied  with  hair-splitting  techni- 


NEBRASKA  IN  THE  U.  S.  SENATE.  301 

calities  of  constitutional  interpretation,  applied  to  bolster 
up  and  support  the  swindlers  and  the  cheats  whom  this 
measure  will  expose  and  bring-  to  justice. 

This  congress  of  304  days,  next  to  the  longest  ever  held,  found 
]\Jr.  Paddock  at  the  head  of  the  agricultural  committee  and 
eclipsing  all  previous  records  of  bills,  reports  and  speeches,  pre- 
sented and  delivered. 

The  length  of  the  session  was  not  disproportioned  to  the 
value  of  the  themes  acted  upon,  nor  were  those  which  were  en- 
acted into  law  superior  to  many  that  remained  in  committee  or 
went  over  on  the  flies  of  the  House. 

During  the  last  hours  of  the  1st  session  of  the  52d  congress, 
Senator  Paddock  was  found  again  contesting  with  Senators 
Coke,  of  Texas,  Bate,  of  Tennessee,  and  Vest,  of  Missouri,  for 
the  passage  of  his  specialty,  the  Pure  Food  Bill. 

He  denied  utterly  the  charges  of  the  two  former  "that  thou- 
sands and  tens  of  thousands  of  officials  would  be  required"  in 
the  enforcement  of  the  law,  whereas  only  such  articles  as  are 
the  subject  of  interstate  commerce  were  to  be  analyzed.  He 
thought  his  opponents  were  "more  troubled  about  cotton-seed 
oil  than  about  the  constitution." 

He  repelled  the  assumption  "that  the  people  themselves,  who 
had  almost  universally  demanded  it,  had  been  moved  chiefly 
by  the  desire  to  have  inaugurated  a  cheap,  nasty,  political 
scheme  for  corrupt  partisan  uses."  After  an  argument  as  to  the 
constitutional  power,  and  numerous  citations  from  eminent  au- 
thors and  demands  from  the  manufacturers  for  the  passage  of 
the  bill  he  closed  with  a  cogent  appeal: 

Mr.  President,  in  conclusion  I  appeal  to  senators  to  help, 
so  far  as  they  may  be  able,  in  this  particular  sphere  of 
their  legislative  activities,  to  enact  this  law. 

In  the  name  and  in  the  interest  of  public  morality,  I 
appeal  to  you  to  set  legislative  bounds  beyond  which  the 
wicked  may  not  go  with  impunity  in  this  corrupt  and  cor- 
rupting work. 

Let  us  help  by  our  action  here  to  protect  and  sustain  in 
his  honorable  vocation  the  honorable  producer,  manufact- 
urer, merchant  and  trader.  In  the  interest  of  the  great 
consuming  public,  particularly  the  poor,  I  beg  of  you  to 
make  an  honest,  earnest  effort  to  secure  this  legislation. 


302  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

These,  Mr.  President,  are  the  men  ami   these  the  women 

and  children  tor  whom,  before  all  others,  I  make  this  ap- 
peal. If  you  could  save  to  these  the  possible  one-third  of 
ihe  nutrition  element  of  their  food  supplies  which  is  ex- 
tracted to  be  replaced  by  that  which  is  only  bulk,  only  the 
form  and  semblance  of  which  they  are  robbed  by  the  dis- 
honest manipulator  and  trader,  you  would  go  a  long  way 
toward  solving  the  great  problem  of  the  laboring  masses — 
whether  for  them  it  is  "better  to  live  or  not  to  live.'* 
whether  it  is  "better  to  endure  the  ills  they  have,  rather 
than  flee  to  those  they  know  not  of,"  that  lie  beyond  in  the 
realm  of  governmental  and  social  upheaval  and  chaos. 
There  is  a  good  deal  in  the  way  of  comic  "asides"  as  the 
momentous  social  drama  which  holds  the  boards  at  this 
time,  and  whose  dramatis  persona;  are  the  so  called  common 
people,  rapidly  advances  to  the  epilogue.  Be  not  deceived, 
the  storm  doth  not  abate.  It  is  ever  rising-.  Its  violence  is 
ever  increasing-.  Take  heed  when  the  people  demand  bread 
that  you  continue  not  to  give  them  a  stone,  lest  the  angry 
waves  of  discontent  may  some  time,  perhaps  in  the  near  fu- 
ture, rise  so  high  as  to  overwhelm  and  engidf  for  ever  all 
that  we  most  greatly  value — our  free  institutions,  and  of 
the  glories  and  hopes  of  our  great  Eepublic — which  are  not 
ours  alone,  but  which  belong,  and,  if  they  are  preserved  and 
shall  permanently  endure,  will  be  an  ever  continuing  bless- 
ing to  all  mankind. 

OPTIONS    AND    FUTURES. 

March  21th,  1892,  Mr.  Paddock  affirmed  that  there  was  "a 
universal  demand  in  the  West  for  some  legislation  on  the  bill  to 
regulate  speculation  in  fictitious  farm  products,"  and  hoped  the 
committee  in  charge  of  the  same  would  make  verbal  report 
thereof.  Again  on  the  16th  of  June  following  he  congratulated 
the  senate  that  the  committee  of  the  Judiciary  was  giving  atten- 
tion to  the  constitutional  aspect  of  the  question. 

Once  more,  he  appears  on  the  succeeding  20th  of  July  in- 
jecting questions  into  a  very  searching  speech  of  Senator  Vest 
of  Missouri;  and  finally  just  before  the  conclusion  of  the  1st 
session  of  the  52d  congress  holds  the  attention  of  the  senate 
with  a  speech  upon  "Options  and  Futures,"  in  which  he  charged 
that  gambling  in  grains  "made  impossible  the  direct,  free,  and 
safe  distribution  to,  and  the  storage  and  holding  of  the  same 
at  points  of  consumption  in  non-producing  sections,  remote  from 


NEBRASKA    IN    THE    U.    S.     SENATE.  .".(i:'. 

the  fields  of  the  producer;"  and  that  the  system  neutralized  the 
conditions  of  "supply  and  demand,  filling  the  coffers  of  specu- 
lators and  brokers  at  the  expense  of  the  farmers  and  honest 
purchasers." 

We  have  in  conclusion: 

"Mr.  President,  it  will  not  do  to  trifle  with  this  matter. 
This  bill  must  not  be  set  aside  because  the  people  who  are 
carrying'  on  this  business  demand  to  be  let  alone.  This  is 
always  the  prayer  behind  which  men  profiting-  by  evil 
methods  seek  to  intrench  themselves. 

This  fiction  trading  is  the  most  prolific  source  of  dissatis- 
faction, disgust  and  apprehension  that  has  ever  existed  in 
this  country.  The  bases  of  many  colossal  fortunes  which 
have  been  the  marvel  of  the  present  generation  are  believed 
by  the  masses  of  the  people  to  be  traceable  directly  to  this 
system,  and  the  ruin  of  thousands  of  men  all  over  the 
country  is  known  to  have  the  same  origin. 

The  system  is  universally  reprobated.  And  certainly  such 
a  system,  which  all  mankind  believe  to  be  hurtful  to  legiti- 
mate commerce,  to  public  morals,  and  generally  prejudicial 
to  the  general  welfare,  ought  to  receive  the  attention  of 
congress  to  the  end  that  at  least  it  may  receive  the  seal  of 
its  condemnation. 

Though  the  bill  passed  the  senate,  it  met  the  most  energetic 
opposition  of  those  who  believed  there  was  no  warrant  for  it 
in  the  constitution  of  the  United  States,  inasmuch  as  it  pro- 
posed to  prohibit  the  business  by  excessive  taxation,  while  the 
only  province  of  national  taxation  should  be  "for  revenue  only." 

And  again  that  these  contracts  for  future  consummation  were 
simply  between  citizens  of  the  same  state  and  in  no  respect  of 
an  interstate  character,  subject  to  that  clause  of  the  constitu- 
tion regulating  commerce  between  states;  and  that  if  an  evil 
it  fell  under  the  jurisdiction  of  local  state  legislation. 

They  denied  utterly,  that  the  price  of  grain  or  cotton  could 
be  affected  by  the  guessing  or  betting  upon  their  prices  at  any 
future  time;  but  that  the  price  would  be  governed  by  the  "de- 
mand and  supply,"  going  up  when  the  demand  was  great  and 
the  supply  small  and  down  with  reversed  conditions. 

As  the  end  of  his  second  term  was  approaching  in  1892  his 


;>04  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

admonition  to  the  Democratic  party  in  1887  became  painfully 
applicable  to  his  political  allies  in  Nebraska. 

I  beg  to  warn  our  friends  that  the  deluge  is  at  hand,  and 
there  will  have  to  be  some  very  lively  swimming-  on  their 
part  or  they  will  go  down  beneath  the  waves  of  popular 
disfavor  and  distrust,  which  their  own  administration  has 
set  in  motion  by  its  incompetency  and  its  blunders. 

And  after  the  Populist  ark  had  found  its  Ararat,  and  the 
senatorial  succession  became  the  prize  in  conflict,  how  expres- 
sive bis  words  in  the  52d  congress: 

Be  not  deceived;  the  storm  doth  not  abate.  It  is  ever 
rising.  Its  violence  is  ever  increasing.  Take  heed  when 
the  people  demand  bread,  that  you  continue  not  to  give 
them  a  stone. 

After  twelve  years  of  faithful  service,  on  the  4th  of  March, 
L893,  his  Populist  successor,  Judge  W.  V.  Allen,  assumed  the 
duties  of  Senator. 


NEBRASSA    IX    THE    D.  S.  SENATE.  :}05 


SENATOR  ALVIN  SAUNDERS. 

March  4th,  1877— March  4th,  1SS3. 

Governor  Alvin  Saunders  was  elected  to  succeed  Senator  P. 
W.  Hitchcock,  in  the  United  States  Senate,  in  1877,  in  the  45th 
congress.  As  an  appointee  of  Mr.  Lincoln,  in  Mar,  1861,  he 
became  the  successor  of  Governor  Samuel  Black  of  Pennsyl- 
vania, and  assumed  the  duties  of  Territorial  Governor.  His  in- 
cumbency of  that  office,  for  six  years,  covered  the  most  eventful 
period  in  Nebraska  history.  It  wound  up  the  life  of  a  territory, 
and  hailed  the  rise  of  a  state. 

It  bridged  the  gulf  between  the  charred  and  desolate  realm  of 
slavery,  and  the  vernal,  captivating  dominion  of  freedom.  As 
Black  was  the  last  official  of  the  aggrandizing  South,  so  Saun- 
ders became  the  first  of  the  dominating  North.  In  his  first 
official  proclamation,  he  sounded  the  tocsin  of  war,  and  de- 
nounced treason  and  the  traitor.  In  his  first  official  message  he 
urged  material  aid  for  the  Union  treasury,  in  his  second  felici- 
tated the  people  on  the  steady  advance  of  the  Union  arms,  eulo- 
gized the  Territorial  troops,  advocated  monuments  and  rolls  of 
honor,  and  emancipation  as  a  military  necessity. 

In  his  message  of  1865,  was  heralded  the  march  of  Sherman 
to  the  sea,  and  in  that  of  1866  came  the  joyous  acclaim:  "Our 
flag,  emblem  of  the  unity  of  justice,  power  and  glory  of  fhe 
nation  now  floats  in  triumph  over  every  part  of  the  Republic." 

Thus  upon  the  pages  of  state  history  he  erected  the  mile- 
stones of  national  progress.  While  the  commerce  of  the  old 
world  was  seeking  a  new  passage  to  the  new  and  the  visions 
of  Fremont  and  Whitney  had  been  cheered  with  the  glimpse  of 
an  iron  track  across  the  American  desert,  and  over  the  Rocky 
Mountains,  connecting  the  Atlantic  and  Pacific,  in  1861,  the  new 
Governor  pointed  to  the  great  Platte  Valley  as  the  future  route. 
Two  years  pass  by  and  spade  in  hand  he  "broke  ground"  for 
"the  greatest  internal  improvement  ever  projected  by  man." 
while  from  the  summit  of  the  Sierra  Nevadas  h£  viewed  the 

21 


;>(»(;  NEBRASKA    STATE    HISTORICAL     SOCIETY. 

coming  of  "the  silk  of  the  Indies,  the  manufactures  of  England 
and  Prance  and  the  leas  of  China."  His  message  of  18(54  re- 
counted in  appreciative  terms  the  .ureal  Union  Pacific  charter 
of  L862;  and  in  I860  reported  cheering  progress  toward  a 
splendid  consummation.  In  1866  his  bulletin  announced  .">."> 
miles  of  track,  while  in  ls(J7  it  read,  "Tars  running  a.  distance 
of  293  miles."  Here  official  exhibits  and  prognostications  ceased, 
on  retiring  from  office;  but  in  a  short  time  the  reportorial  pencil, 
in  other  hands  wrote  out:  "Hon.  Alvin  Saunders,  of  Omaha. 
Pullman  passenger  for  San  Francisco."  His  connection  with 
this  stupendous  enterprise  might  of  itself  have  satisfied  the 
most  exacting  ambition;  but  there  were  other  monumental 
shafts  on  which  to  carve  a  name. 

January,  1861,  he  urged  the  legislature  to  call  upon  congress 
for  the  passage  of  a  bill  to  secure  homes  for  permanent  settlers 
on  the  public  lands,  and  in  1864  congratulated  the  body  on  the 
passage  of  the  "beneficent  homestead  bill."  The  question  of 
state  organization  received  commendation,  and  on  the  27th  of 
-March,  1867,  his  valedictory  proclaimed  exultation  and  thanks. 

How  well  Governor  Saunders  was  to  serve  the  State  of  Ne- 
braska as  senator  may  be  inferred  from  his  personal  knowl- 
edge of  her  perilous  inarch  amid  savage  attacks,  national  alarms 
and  financial  reverses. 

On  calling  up  the  bill  to  establish  the  Territory  of  Lincoln, 
dune  19,  1877,  in  the  45th  congress,  Mr.  Saunders  gave  a  brief 
description  of  the  people  and  their  wants. 

1'IONEERS. 

Mb.  Sai  \ders:  There  is  a  thorough  and  clear  report 
made  by  the  committee  and  1  believe  no  objection  ought  to 
intervene  in  the  way  of  the  passage  of  the  hill  for  the 
reason  that  the  people  are  fully  established  out  there. 
They  have  now  all  the  elements  of  civilization  and  success 
and  every  thing  for  making  permanent  homes.  They  have 
churches;  they  have  school  houses;  they  have  daily  papers 
and  weekly  papers;  they  have  more  than  fifty  mills  in  the 
mining  region.  The  lowest  estimate  of  the  number  of  peo- 
ple in  the  mining  region  is  fifteen  thousand,  besides  five 
thousand  people  in  and  around  Bismarck,  so  that  there  is 


NEBRASKA    IN    THE    U.    S.    SENATE.  307 

no  question  about  the  number  of  the  people  and  there  is  no 
question  about  the  necessity  of  the  measure. 

These  men  at  the  Hills  live  more  than  seven  hundred 
miles  by  the  nearest. traveled  route  to  the  capital  of  their 
present  territory,  and  there  is  only  one  judge  allowed  there 
and  he  has  to  go  and  sit  with  the  others  when  they  are 
holding  what  they  call  their  Supreme  Court.  Now  if  we 
do  not  give  them  this  organization  you  see  the  trouble 
there  will  be,  you  see  the  difficulty  in  carrying  out  their 
laws,  of  having  the  order  that  belongs  to  a  people  in  a 
region  like  that.  This  country  has  been  liberal  to  people  in 
that  way  when  they  go  out  and  become  pioneers.  We  form 
territorial  governments  for  them  and  these  jjeople  only  ask 
the  same  that  has  been  granted  to  others.  This  territory  is 
made  up  of  parts  of  three  other  territories. 

The  committee's  report  referred  to  placed  the  value  of  the  gold 
product  of  1876  at  $2,000,000,  and  that  of  1877  at  from  |4,000,000 
to  $5,000,000;  and  represented  rich  valleys,  and  heavily  timbered 
mountains. 

PURITY    OF    ELECTIONS. 

In  the  Kith  congress,  an  effort  being  made  to  repeal  certain 
election  laws,  Senator  Saunders  volunteered  an  argument  for 
the  purity  of  elections: 

Why,  Mr.  President,  is  all  this  clamor  for  a  repeal  of 
these  laws  at  this  time? 

Has  any  body  or  set  of  men,  anywhere,  asked  for  it?  Has 
any  damage  been  inflicted  upon  anyone,  anywhere,  to  call 
for  such  legislation?  Has  the  President  at  any  time  used 
the  army,  or  have  the  United  States  marshals  by  his  order 
used  their  authority,  in  any  way  that  should  call  forth 
such  persistent  efforts  to  make  these  changes  at  this  time? 
I  answer,  nothing  of  the  kind.  What  then  does  all  this 
mean  to  which  we  have  listened  so  patiently  and  so  long, 
and  which  is  in  fact  exciting  the  suspicion  and  disgust  of 
the  intelligent  masses  of  the  North?  Do  gentlemen  on  the 
other  side  know  that  they  are  suspected  of  removing  the 
possibility  of  having  a  Federal  officer  at  the  polls,  in  order 
that  a  free  use  might  be  made  of  the  shotgun  and  revolver 
to  deter  one  class  of  citizens,  and  those  in  many  instances 
in  the  majority,  from  exercising  their  rights  at  the  polls. 
These  unfortunates,  though  outnumbering  their  opponents 
in  some  of  the  southern  states,  are  poor,  timid,  and  un- 
armed.   Free  they  are,  so  far  as  being  able  to  call  body  and 


308  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

soul  their  own,  but  I  aver  they  are  not  free  to  enjoy  their 
political  rights  under  the  constitution  and  the  laws.  The 
right  which,  tinder  a  Republican  form  of  government,  does 
most  to  make  a  man  feel  that  he  is  a. man,  is  partly  taken 
from  them  now,  and  I  fear  will  be  denied  them  absolutely 
if  the  }>< >licy  under  consideration  prevails. 

A  few  years  ago  in  the  other  end  of  the  capitol  might 
be  seen  on  the  left  of  the  speaker's  stand  quite  a  respectable 
number  of  the  dusky  sons  of  the  South  who  were  there  to 
represent,  among  others,  their  own  race.  But  where  are 
they  now?  Gone!  Why?  Is  it  because  the  colored  majori- 
ties in  the  states  referred  to  do  not  want  their  wishes  rep- 
resented in  the  congress  of  the  United  States?  Certainly 
not.  The  reason  of  their  absence  is  too  well  known  to  us 
and  to  the  country  to  need  a  statement  from  me. 

Elections  as  they  are  now  conducted  in  the  South  may 
be  fair  and  free,  but  it  will  be  hard  to  make  the  people  of 
the  North  believe  it  while  the  South  is  solid  in  support  of 
the  Democratic  party,  when  it  is  well  known  that  in  several 
of  the  states  the  colored  voters  are  in  the  majority  and 
strongly  in  favor  of  the  Republican  party,  as  the  one  that 
struck  off  their  shackles  and  let  them  go  free. 

Here  he  quoted  from  a  message  from  the  President  showing 
why  and  how  the  civil  and  military  power  of  the  government 
should  give  protection  in  sustaining  the  freedom  of  the  ballot. 

Continuing  he  said: 

I  believe  in  a  government  with  powrer  to  sustain  itself.  I 
believe  the  constitution  gives  the  government  that  power. 
I  believe  the  people  of  this  country  intend  that  this  govern- 
ment, the  creation  of  their  own  wisdom,  enriched  by  their 
own  sacrifices  and  cemented  by  their  own  blood,  shall  have 
in  itself  power  not  only  to  compel  the  respect  of  foreign 
nations,  but  of  domestic  traitors.  In  other  words,  I  believe 
in  leaving  with  the  government  to-day  and  for  the  future  as 
much  power  as  it  had  when  it  crushed  rebellion  and  re- 
ceived its  final  surrender  at  Appomattox.  I  believe  it  is  the 
hope  and  desire  of  every  true  American  citizen  that  armed 
l  roops.  or  any  other  body  of  armed  men,  may  never  be 
seen  at  the  polls;  but  at  the  same  time  I  do  not  believe  that 
any  true  and  loyal  citizen  of  the  country  desires  to  see  the 
power  lessened  whereby  the  government  is  enabled  to  up- 
hold   and    sustain    itself. 

Other  positions  taken,  amplified  and  sustained,  the  following 
conclusion  was  reached: 


NEBRASKA    IN    THE    U.    S.    SENATE.  309 

"Let  well  enough  alone"  is  a  common  but  very  expressive 
saying-,  and  one  that  this  congress  might  with  great  pro- 
priety and  good  effect  adopt  at  this  time.  Let  us  wait  till 
we  are  asked  by  somebody  to  change  the  laws  which  have 
had  such  peaceful  and.  as  I  believe,  beneficial  effects,  be- 
fore we  strike  them  from  our  statutes. 

TAXATION  AND  TARIFF  REFORM. 

During  the  1st  session  of  the  4th  congress  we  find  the  senator 
heartily  engaged  in  an  argument  for  a  reduction  of  internal 
taxes  upon  matches,  because  as  he  said: 

They  have  become  a  necessity  of  the  people  and  yet  they 
are  taxed  at  such  a  rate  that  the  consumer  pays  at  least  200 
per  cent,  more  than  the  articles  cost  to  manufacture.  The 
tax  brings  in  about  $:;.000,000  to  the  Nation.  It  would  be  a 
great  relief  to  the  consumer  if  such  a  tax  were  taken  off 
or  this  law  repealed.  Then  take  off  the  stamp  tax  on  bank 
checks  and  drafts.  That  amounts  to  about  $2,000,000  a  year. 
While  I  am  not  an  advocate  of  free  trade,  I  am  equally  op- 
posed to  a  high  protective  tariff  simply  for  protection  with- 
out regard  to  the  article  or  industry  to  be  protected. 

Two  months  later  he  urged  the  same  procedure: 

At  the  beginning  of  this  session  I  took  occasion  to  say  I 
was  opposed  to  a  tariff  commission  because  I  wanted  con- 
gress to  take  hold  of  the  matter  and  reform  the  tariff 
itself.  Now  more  than  one  half  of  the  session  has  passed 
and  we  all  know  that  nothing  will  be  done  unless  it  be  to 
take  hold  of  the  smaller  items.  Therefore  I  have  made  up 
my  mind  that  this  commission  can  at  least  do  us  no  harm 
and  may  do  some  good.  Hence  I  shall  vote  for  the  commis- 
sion and  try  the  experiment.  Here  for  instance  is  sugar. 
We  are  collecting  about  $40,000,000  a  year  on  sugar,  one 
quarter  part,  or  one  fifth  part,  of  all  the  money  paid  for 
sugar  by  the  consumers  of  this  country;  it  is  a  tax  direct 
on  them  and  yet  we  are  not  touching-  it. 

Four  months  later  he  said  of  a  House  Bill : 

But  the  trouble  is,  it  does  not  go  far  enough;  it  does  not 
reach  down  to  the  great  masses  who  are  the  producers,  but 
who  are  also  in  many  particulars  the  great  consumers  and 
who  are  therefore  the  heavy  taxpayers. 

I  am  not  willing  to  defer  for  a  moment  longer  than  is 
necessary  to  adopt  the  proper  legislation,  the  lessening  of 
the  taxes  on  such  articles  as  sugar.  Bessemer  steel, 
matches,  etc. 


310  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

Railroad  companies  who  purchase  the  steel  count  t  he  cost 
among  the  other  items  of  the  expense  of  construction  and 
on  which  they  ask  such  earnings  as  will  reimburse  them. 
Thai  the  tariff  on  Bessemer  steel  is  too  high  is  proven  by 
the  tact  thai  in  England  they  can  make  and  sell  this  steel 
for  $33  or  $35  per  ton,  while  in  the  United  States  duty  on 
the  same  is  fixed  at  $:.'s  per  ton. 

Glad  as  1  would  be  to  see  this  congress  adjourn  and 
allow  ns  to  return  to  our  homes  to  spend  the  warm  season, 
still  1  would  insist  on  the  relief  sought  in  the  bill  now  be- 
fore the  senate  even  if  1  have  to  remain  here  till  the  frosts 
of  the  fall  shall  come  to  cool  the  atmosphere  in  order  1<> 
effect     it. 

INDIANS. 

The  subject  of  Indian  affairs  being  before  the  senate,  Mr. 
Saunders  engaged  in  a  very  spirited  running  debate  with  Gen- 
eral   Logan  and  finally  wound  up  as  follows: 

Mr.  Saunders:  1  think  the  bill  referred  to  by  the  senator 
from  Illinois  is  right.  I  voted  for  it.  The  senator  seems  to 
doubt   whether  he  voted  for  it   or  not. 

Mr.  Logan:  Perhaps  I  did  vote  for  it.  Mr.  Saunders.  1 
did  for  the  reason  that  if  a  half-breed  had  a  right  to  trade 
in  that  country  in  a  different  way  from  the  white  men  it 
would  encourage  the  business  of  raising  half-breeds  among 
the  Indians,  a  thing  which  I  thought  the  congress  of  t he 
United  States  ought  not  to  encourage:  and  hence  I  proposed 
that  the  half-breeds  should  go  through  the  same  ordeal  that 
a  white  man  does  before  being  a  trader,  and  that  he  should 
he  required  to  give  bonds  for  the  faithful  performance  of 
his  duty,  for  properly  obeying  the  orders  of  the  agent  at 
the  agency  the  same  as  a   white  man. 

Alu.  SAUNDERS:  1  think  that  was  right.  I  want  it  under- 
stood that  I  favored  that.  Now.  while  I  am  on  the  floor 
I  will  venture  to  say  that  I  agree  with  very  much  and  with 
I  he    most    that   has    been   said    by  the   senator   from   Illinois. 

I  believe  we  have  made  a  mistake  by  undertaking  to 
teach  the  Indian  letters  in  place  of  Labor.  We  ought  to  have 
commenced  at  the  oilier  end  and  taught  them  how  to 
work  out  their  living  and  gradually  brought  them  into  let- 
ters and  attempted  to  make  good  scholars  of  them.  If 
there  is  any  one  subject  that  1  ought  to  know  something 
about  more  than  some  other  people  from  other  parts  of 
the  country,  it  is  1he  Indian  subject.  I  have  been  with  them 
and  among  them  and  near  to  them  all  1he  days  of  my  busi- 
ness  life,  and    1    am   convinced    that    the   course    now    pursued, 


NEBRASKA    IN    THE    U.    S.    SENATE.  811 

if  properly  carried  out,  will  in  the  end  result  in  good  to  the 
Indians  and  in  no  harm  to  the  whites. 

The  Indians  must  be  taught  how  to  take  care  of  stock, 
how  to  take  care  of  their  farms,  and  for  that  reason,  I 
brought  in  an  amendment  last  session  setting  apart  a  school 
house  that  belongs  to  the  government  of  the  United  States, 
in  my  own  state  for  the  purpose  of  teaching  Indians.  I  stated 
at  that  time  that  it  should  not  be  erected  in  the  neighbor- 
hood where  the  Indians  lived.  You  want  to  take  them,  as 
the  senator  from  Illinois  said,  away  rrom  their  homes, 
where  they  will  not  be  surrounded  by  their  people,  because 
their  parents  and  others  around  the  camp  will  not  allow 
them  to  speak  our  language.  I  am  not  one  of  those  who  be- 
lieve we  want  to  send  all  the  Indians  to  the  eastern  schools 
and  give  them  all  book  learning.  Give  them  a  trade;  teach 
them  to  manufacture  goods,  to  manufacture  wooden  ware 
and  the  like.  They  can  do  it  just  as  well  as  any  other  peo- 
ple. They  are  rather  an  industrious  people,  so  far  as  the 
women  are  concerned;  they  labor  and  make  moccasins  and 
other  things  for  sale  and  do  the  work  better,  or  at  least  as 
well,  as  any  white  people. 

If  you  encourage  their  men  in  the  same,  way,  lead  them 
out,  give  them  property,  let  them  call  it  their  own,  divide 
up  the  land  and  give  it  to  them  in  severalty,  so  that  they 
may  have  a  title  as  we  have,  you  will  give  them  encourage- 
ment that  they  have  never  before  had  in  this  country. 

I  speak  from  what  I  know  on  this  subject.  I  have  visited 
some  of  the  Indians  in  my  own  state,  and  they  say,  "Why 
cannot  Ave  have  a  title  to  our  own  lands,  the  same  as  you 
white  people  have?  You  do  not  give  it  to  us."  I  am  glad  to 
know  that  one  step  has  been  taken  in  the  bill  passed  by  the 
senate  a  short  time  ago  for  the  purpose  of  dividing  out  the 
lands  of  these  people.     I  believe  that  is  right. 

Then,  I  know  further  that  these  same  Indians  are  now 
being  trained  in  the  arts  of  farming,  so  that  they  are  sell- 
ing grain.  I  saw  them  myself  hauling  grain  to  Sioux  City 
some  distance  from  their  own  homes  and  they  were  taking 
it  to  market  the  same  as  white  men. 

Speaking-  of  this  matter  of  Indian  Affairs,  a  correspondent 
of  the  Chicago  Times,  in  May,  1886,  said: 

Another  of  his  acts  while  in  the  senate  was  to  secure  a 
labor  school  for  Indians  on  the  Pawnee  reservation  in  Ne- 
braska. He  was  one  of  the  commissioners  appointed  by  the 
government  to  visit  the  various  tribes  of  Indians  for  the 
purpose  of  passing-  on  the  advisability  of  turning  the  man- 


312  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

agement  of  the  Indians  over  to  the  war  department.  He 
saw  some  thirty  or  forty  tribes  in  Texas.  Indian  territory, 
Missouri,  Nebraska,  California  and  other  places,  and  at  the 
conclusion  of  the  trip  of  inspection,  as  chairman  of  the 
committee,  reported  against  transferring  the  management 
of  Indian  affairs  to  the  war  department.  The  committee 
was  divided,  but  that  portion  of  the  report  which  was  pres- 
ented by  the  chairman  was  adopted.  That  report,  which 
recommended  the  teaching  of  the  Indians  to  work  and  to 
earn  their  own  living,  embodied  the  principles  under  which 
Indian  affairs  are  now  conducted;  "and  today,"  said  the 
governor,  "there  are  not  ten  men  in  congress,  certainly  not 
in  the  senate,  who  would  favor  any  change  from  the  course 
pointed  out  in  our  report." 

But  this  success  did  not  exceed  his  estimate  of  the  value  to 
be  attached  to  the  acquisition  of  600,000  acres  of  land  added 
to  Nebraska,  by  straightening  the  boundary  line  adjoining  Da- 
kota. 

On  the  21st  day  of  February,  1881,  Mr.  Saunders  called  up 
his  resolution  to  instruct  the  committee  of  commerce  in  the  in- 
terest of  a  large  appropriation  for  improving  the  Missouri  River 
between  its  mouth  and  Yankton,  Dakota.  He  argued  the  neces- 
sity of  the  case  from  the  importance  of  the  stream,  "which  fur- 
nishes the  largest  and  richest  valley  of  agricultural  lands  of 
any  valley  in  the  United  States";  and  from  the  necessity  of  hav- 
ing cheap  down  river  transportation  brought  in  competition 
with  the  lines  of  railroads;  opening  up  a  direct  line  of  trans- 
portation between  the  great  West  and  European  markets,  by 
way  of  the  mouth  of  the  Mississippi. 

The  whole  question  of  interstate  commerce  in  connection  with 
railroad  subsidies  and  their  extortionate  charges  and  favoritism 
through  draw-backs  were  drawn  into  the  discussion,  illustrated 
by  copious  statistics.  His  imagination  covered  the  Missouri 
and  Mississippi  with  barges  of  grain  and  cattle,  and  swelled 
transatlantic  commerce  with  countless  American  transports. 
In  his  summing  up  we  have: 

The  fact  is  there  is  no  transportation  known  to  the  busy 
world  that  will  compare  in  cheapness  with  down-stream 
navigation.     The  Almighty  made  these  great  thoroughfares 

for  the  use  of  the  people.     No   monopolies  can   take  posses- 


NEBRASKA    IN    THE    U.    S.    SENATE.  '  313 

sion  of  them  and  occupy  them  to   the  exclusion   of  others  . 
who  may  want  to  use  them.     They  may,  therefore,  be  truly 
called  the  "people's  highway." 

t 

During  his  term  as  senator  he  was  struggling  with  a  great 
financial  loss,  the  result  of  the  failure  of  New  York  partners. 
Refusing  to  wipe  out  his  indebtedness  by  an  act  of  bankruptcy 
he  devoted  his  private  means  and  future  accumulations  for  sev- 
eral years,  and  when  every  claim  was  finally  met  at  par,  ex- 
claimed: "This  affords  me  more  pleasure  than  anything  else 
has  ever  done,  and  is  the  proudest  feature  of  my  life." 


:»I4  Nl  T.KASKA    HISTORICAL    SOCIETY 


SENATOR  C.  H.  VAN  WYCK. 

March  4th,  1881— March  4th,   1887. 

Senator  Charles  H.  Van  Wyck  was  born  at  Poughkeepsie, 
New  York,  in  November,  1824;  graduated  at  Rutgers  College. 
New  Jersey;  studied  law  and  practiced;  was  district  attorney 
of  Sullivan  County  from  1850  to  1850;  was  elected  a  Representa- 
tive from  New  York  to  the  36th  congress,  serving  as  a  member 
of  the  committee  on  mileage;  was  also  elected  to  the  87th  con- 
gress, and  was  appointed  chairman  of  the  committee  on  gov- 
ernment contracts;  while  in  congress  served  in  the  volunteer 
service  as  colonel  of  a  regiment;  in  1865  was  appointed  a  briga- 
dier-general by  brevet;  was  a  delegate  to  the  "Pittsburg 
Soldiers'  "  Convention  of  1865;  was  elected  to  the  40th  congress. 
serving  as  chairman  of  the  committee  on  retrenchment;  was 
a  delegate  to  the  state  republican  convention,  1867;  was  re- 
elected to  the  41st  congress,  removed  to  Nebraska  in  1874;  was 
a.  delegate  to  the  state  republican  convention.  1807;  was  re- 
senator  from  1870  to  1880;  was  elected  United  States  Senator 

» 

from  Nebraska  for  six  years  from  March  4th,  1881. 

As  a  part  of  his  personal  history,  before  becoming  a  citizen 
of  Nebraska,  he  is  entitled  to  the  following  brief  summary  of 
a  career  as  member  of  congress  from  the  state  of  New  York: 

VAN    WYCK    AND    SLAVERY. 

No  member  of  the  :50th  congress  of  1858-60  met  the  pro-slavery 
tempest  and  stemmed  the  tide  more  boldly,  adroitly  and  elo- 
quently than  C.  11.  Van  Wyck,  of  the  state  of  New  York.  For 
two  months  the  house  had  been  unable  to  elect  a  presiding 
officer,  and  the  clerk  of  ;i  previous  congress  had  to  preside 
while  slavery  made  its  last  stand  tor  political  supremacy.  Re- 
publicans, made  up  of  whigs  and  democrats  of  the  free  states. 
lucked  a  few  votes  of  enough  to  elect  John  Sherman,  and  finally 
succeeded  with  u  number  of  "native  Americans"  in  electing 
Pennington  of  New  -Jersey.    The  pro-slavery  leaders  were  mostly 


NEBRASKA    IN    THE    U.    S.    SENATE.  315 

of  the  democratic  party  and  hence  were  hearty  prosecutors  of 
democratic  republicans. 

On  this  point  of  debate  the  following  is  collated  from  the 
speech  of  the  New  York  member,  March  7th,  1800. 

DEMOCRACY. 

As  a  democrat  I  believe  slavery  to  be  a  crime  against  the 
laws  of  (!od  and  nature.  From  the  deluge  of  democratic 
speeches  I  learn  that  the  Alpha  and  Omega  of  your  religion 
and  democracy  are  the  divinity  and  benefits  of  human  servi- 
tude. In  1854  the  invader  commenced  sapping-  and  mining, 
seized  the  outworks,  toppled  the  embattlements  to  the 
ground,  stormed  the  strong  fortress  and  obtained  posses- 
sion. Could  it  be  expected  that  we  should  sit  quietly  by  and 
see  the  acts  of  every  democratic  administration  rebuked: 
could  we  hold  political  fellowship  with  those  who  were 
willing  to  crucify  the  memory  of  Washington,  Jefferson, 
Madison  and  Monroe?  Am  1  to  be  reproached  as  an  apostle 
from  democracy?  Sir,  I  would  rather  desert  a  political 
organization  than  to  turn  traitor  to  my  own  conscience  and 
be  guilty  of  moral  treason  to  my  own  judgment.  The 
patent  of  my  democracy  is  in  the  records  of  democratic  ad- 
ministration, and  by  it  I  stand  or  fall.  In  1849  the  demo- 
cratic party  in  the  State  of  New  York  became  a  unit  on 
substantially  the  basis  of  Mr.  Bronson's  letter.  The  slave 
power  soon  forced  them  from  it  and  from  the  resolutions 
of  the  united  ^lemoeraey  in  that  state  the  republicans  have 
compiled  their  political  catechism.  1  only  desire  the  democ- 
racy to  see  to  what  indignities  they  must  be  subjected  if 
they  manifest  unwillingness  to  bow  down  and  worship  this 
black   Juggernaut   of   slavery. 

SPLENDID    RETORTS. 

Mr.  Davidson,  of  Louisiana,  desired  to  present  to  the  con- 
sideration of  this  house  one  of  John  Brown's  pikes.  Let 
me  urge  him  to  extend  his  cabinet  of  curiosities  and  add 
one  of  the  chains  and  branding-  irons  of  his  coffee  gang, 
tied  with  the  lash  with  which  the  backs  of  women  and  chil- 
dren are  scourged,  and  then,  to  watch  them,  a  sleek,  wol- 
fed bloodhound  with  quick  scent  trained  to  snuff  in  the  air 
the  track  of  the  fleeing  fugitive, —  let  him  present  these 
as  the  symbols,  one  of  Brown's  folly,  and  the  other  of  his 
own  high  type  of  civilization. 

You  taunt  us  with  cowardice.  Go  home  and  ask  the  rem- 
nant of  the  gallant  Palmetto  regiment,  who  received  the 
shock   of   battle    on   the   plains    of   Mexico,   where    stood    the 


tflti  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

New  York  volunteers,  who,  with  them  side  by  side,  were 
in  the  thickest  of .  the  fight  at  Cherubusco.  CVrro  Gordo 
and  Ohepultepec,  and  when  your  gallant  Butler  fell  at  the 
head  of  the  regiments  of  my  state  and  yours,  northern 
warriors  joined  yours  to  carry  liim  from  the  field  and 
regret  that  one  so  brave  had  fallen.  Ask  your  regimen! 
what  you  think  of  northern  bravery.  Gentlemen  tell  us  in 
certain  contingencies  they  will  dissolve  the  Union.  No,  sirs, 
you  will  long  have  to  march  to  the  music  of  the  Union,  that 
music  which  is  uprising  from  the  fields  where  labor  is  re- 
paid, and  the  workshops  where  industry  is  rewarded,  from 
the  machinery  which,  through  the  instrumentality  of 
steam,  is  doing  the  bidding  of  man,  and  from  the  gigantic 
steamers   that  plough    our   rivers   and    lakes. 

AYhile  Mr.  Van  Wyck  met  every  argument,  parried  every 
thrust,  unmasked  every  deception  and  moved  upon  every  breast- 
work, his  bold  aggressiveness  became  so  unbearable  to  the 
masters  of  the  lash  that  Davis,  of  Mississippi  (not  Jefferson),  ex- 
claimed, "I  pronounce  the  gentlemen  a  liar  and  scoundrel.'' 

Mr.  Davis:  Will  you  go  outside  the  District  of  Columbia 
and  test  the  question  of  personal  courage  with  any  south- 
ern man? 

Mr.  Van  Wyck:  T  travel  anywhere  and  without  fear  of 
anyone.  For  the  first  eight  weeks  of  this  session  you  stood 
upon  this  floor  continually  libeling  the  North  and  the  peo- 
ple of  the  free  states,  charging  them  with  treason  and  all 
manner  of  crime  and  now  you  are  thrown  into  great  rage 
when  I  tell  you  a  few  facts. 

This  speech,  so  very  elaborate  and  exhaustive,  established  the 
fact  that  the  New  Yorker  could  neither  be  worsted  in  the  argu- 
ment nor  bullied  into  silence,  and  gave  liim  a  strong  hold  upon 
a  constituency  who  echoed  his  utterance,  "You  cannot,  you 
dare  not  resist.  We  threaten  not  with  bayonet,  revolver  or 
bowie  knife,  but  with  the  silent  ballot,  'which  executes  a  free- 
man's wkll  its  lightning  does  the  will  of  God.'  " 

Congress  closed  this  session  June  28th,  I860,  and  commenced 
again  December  3d,  L860.  During  the  interval  the  republicans 
had  elected  Mr.  Lincoln  president,  and  the  disunionists  were 
preparing  for  secession.  Again  Mr.  Van  Wyck  appears  upon  the 
stage,  and,  clad  in  the  armor  of  the  fathers,  challenges  the  eon- 


NEBRASKA    IN    THE    U.    S.    SENATE.  .'ill 

stituency  of  the  cohorts  of  revolution.  He  charges  upon  them 
that  since  1842  three  fourths  of  the  territory  acquired  had  been 
surrendered  to  slavery  and  their  "peculiar  institution"  increased 
in  numbers  and  power,  while  they  posed  as  the  friends  of  the 
Union,  "par  excellence,"  and  charged  all  the  consequences  of 
meditated  disunion  upon  the  anti-slavery  element  of  the  coun- 
try. "The  very  men  who  then  could  not  find  words  sufficiently 
strong  to  anathematize  those  they  called  traitors,  now  seem 
to  be  courting  a  traitor's  doom  and  madly  rioting  in  a  traitor's 
saturnalia." 

After  this  sentence  came  the  "fireworks,"  and  amid  a  storm 
of  excitement  he  was  called  to  order.  But  the  lion  was  aroused, 
and  to  annihilate  the  doctrines  of  the  fathers,  "Political  incen- 
diaries would  trample  upon  the  flag  and  burn  the  temple  of  free- 
dom." After  impaling  the  leaders  upon  their  own  arguments, 
now  abandoned,  they  heard  the  fearful  truth.  "You  have  been 
shorn  of  your  strength  by  your  own  Delilah,  and  now  in  your 
blindness  would  wrap  your  arms  around  the  pillars  of  the  re- 
public and  perish  in  its  ruin."  The  speech  was  a  master  effort, 
a  sunburst  in  a  troubled  sky.  History  was  invoked,  government 
records  displayed  and  the  cicatrix  of  burning,  blasting  denuncia- 
tion applied  to  the  wound. 

First  Session  Thirty-Seventh  Congress, 
republican  appeal. 

The  first  session  of  the  37th  congress  convened  July  4th,  1861, 
and  lasted  for  one  month.  Mr.  Van  Wyck  was  made  chairman 
of  the  committee  on  revolutionary  claims,  and  was  conspicuous 
in  urging  the  adoption  of  free  letter  postage  for  the  soldiers, 
and  even  so  early  in  the  war,  an  investigation  of  army  contracts, 
closing  with  the  following  appeal:  "I  appeal  to  my  republican 
friends,  let  us  be  true  to  our  former  profession  and  see  to  it 
that  plunder  and  peculation  shall  not  follow  on  the  track  of  our 
army.  Let  us  watch  the  movements  of  the  army  contractors 
and  take  care  that  they  shall  not  feast  and  fatten  upon  the  free- 
will offering  of  the  Kepublic,  desiring  that  men  who  are  so  base 


•  MS  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

as  i»>  seek  ai  iliis  time  to  enrich  themselves,  should  be  held  up 
to  the  scorn  of  ilio  world,  novel-  to  he  forgiven  by  the  American 
people.  Those  who  are  pirating  upon  our  waters  under  a  trai- 
tor's commission  of  cupidity  against  the  generous  affections  and 
benevolence  of  a  self  sacrificing  nation."  This  appeal  was  based 
upon  evidence  that  the  army  contractors  and  plunderers  were 
keeping  pace  with  the  troops  of  the  Union,  and  had  it  been  safe, 
would  have  preceded  them,  stealing  1  lie  forage  and  demanding 
its  value  in  gold. 

The  second  session  found  the  New  York  member  chairman  of 
a  committee,  in  hot  pursuit  of  army  contractors,  their  methods 
and  frauds,  and  having  his  analytic  skill  supplemented  by  prac- 
tical  knowledge  in  the  field,  being  colonel  of  a  New  York  regi- 
ment, "the  way  of  the  transgressor  was  hard." 

As  the  adornment  of  the  base  and  crowning  of  the  summit 
should  be  germane  to  the  object  and  solidity  of  the  shaft,  so  did 
his  speech  on  monumental  frauds  instruct,  convince  and  please 
as  well  in  exordium  and  argument  as  in  its  peroration. 

CHALLENGE    OFFERED. 

During  its  delivery  a  member  from  Pennsylvania  and  who  had 
a  brother  in  the  quartermaster's  department,  feeling  aggrieved, 
exclaimed,  "I  must  have  an  explanation  here  or  elsewhere." 
Mr.  Van  Wyck:  "I  will  meet  the  gentleman  here  or  elsewhere 
after  my  hour  expires.  1  will  answer  him  or  any  other  man  here 
or  at  any  other  place." 

Again  in  the  40th  congress  in  1807,  he  appears  fortified  with 
four  years'  experience  in  exposing  frauds  and  unmasking  official 
delinquencies  and  concealment  of  favorites.  The  most  adroit 
attacks  upon  the  treasury  or  the  purses  of  the  people  were  alike 
discovered  and  denounced.  Of  a  gift  enterprise  he  said:  "It  con 
templates  taking  $1,200,000  from  the  pockets  of  the  people, 
while  the  most  they  propose  to  donate  to  the  object  of  charity, 
the  Gettysburg  asylum,  is  110,000."  Another  was  thus  de- 
scribed: "<;.  AY.  Thomas  now  proposes  to  raise  $500,000  of  which 
$150,000  is  to  be  drawn  in  prizes,  and  $200,000,  principally,  is 
to  go  into  the  pocket  of  Thomas."    From  this  mere  glance  at  his 


NEBRASKA  IX  THE  I".  S.  SENATE.  319 

early  record  it  is  very  easy  to  discover  his  natural  and  unavoid 
able  place  as  a  Nebraska  citizen  and  senator,  where  monopolies, 
trusts  and  frauds  cast  their  blasting-  shadows  across  his  path- 
way. 

SENATE. 

Hon.  (J.  H.  Van  Wyck  entered  the  senate  of  the  United  States 
in  1881,  as  the  successor  of  Senator  A.  S.  Paddock;  having  to 
his  credit  six  years'  experience  as  a  member  of  the  House  of 
Representatives  in  Congress;  and  the  advantage  of  military  ex- 
perience and  that  insight  which  resulted  from  having  been 
chairman  of  the  committee  on  government  contracts  and  of 
retrenchment. 

To  the  crying  demands  of  the  times  he  responded  as  promptly 
as  if  directed  by  the  hand  of  destiny,  and  devoted  his  faculties 
to  the  congenial  but  very  unpopular  work  of  retrenchment  and 
reform.  The  few  following  extracts,  from  numerous  and  varied 
speeches,  indicate  an  aggressive  spirit,  self  abnegation,  a  will 
that  never  yields  and  a  courage  that  never  quails.* 

TARIFF. 

Mr.  Van  Wyck:  We  were  promised  during-  the  last  ses- 
sion of  congress  that  we  were  to  have  a  tariff  so  simplified 
that  he  who  ran  might  read  and  understand  it:  but  it  seems 
that  this  same  old  thing  must  be  continued;  we  must  have 
a  tariff  here  which  requires  an  expert  to  explain  ami  a 
lawyer  to  fully  understand.  I  understand  this  theory  of 
the  protection  of  labor;  but  will  the  gentleman  tell  me,  when 
he  is  protecting  a  few  thousands  in  converting  saw-loirs  in 
Michigan  or  Wisconsin  into  lumber,  how  many  laboring  men 
in  this  Xation  does  he  strike  and  drain  a  tax  of  that  amount 
out  of  their  pockets?  Do  you  say  that  to  protect  American 
labor  from  one  to  three  dollars  shall  be  taken  out  of  the 
pocket  of  a  man  in  the  West  and  placed  in  the  pocket  of 
the  owners  of  an  industry  that  needs  no  protection  in  this 
land,  an  industry  which  has  grown  to  its  full  strength,  and 
which  so  far  as  the  material  is  concerned  must  soon  pass 
away?  The  difficulty  here  is  that  every  single  laborer, 
as  you  call  him,  must  combine  to  protect  one  another,  and 
against  the  people,  who  suffered  from  the  exaction  on 
them;  and  hence  it  is  you  find  jour  glass  interests,  when 
suffering,  are  compelled  to  come  up  and  push  up  the  cart 
of  the  owners  of  pineries  whose  interests  are  not  suffering. 


:!L'II  NEBRASKA    STATE  HISTORICAL   SOCIETY. 

There  can  be  no  sort  of  reason  or  argumenl  1<>  sustain 
1his  lax  upon  lumber  to-day.  You  say  you  admit  the  log 
free.  Is  it  any  answer  when  a  man  is  required  to  pay  $:>  a 
thousand  tax  on  lumber  to  tell  him.  "Yes;  you  can  go  to 
Canada  and  buy  the  lumber  in  the  log  and  roll  the  log  over 
to  your  home"? 

During  the  long  and  protracted  discussion  of  this  subject,  he 
held  his  own  in  behalf  of  reform  with  irresistible  arguments, 
sarcastic  retorts  and  pungent  criticisms;  returning  to  it  again 
January  22,  1883,  he  closed  another  brilliant  discussion,  as 
follows: 

Mr.  President — The  hundreds  of  thousands  in  the  pi*airie 
states  are  not  considered  in  the  making-  up  of  this  bill,  men 
to  whom  the  Nation  is  more  indebted  than  to  all  of  your 
railroads  and  other  corporations,  men  who  have  taken  up 
the  flag  of  the  country  and  gone  into  its  wilderness  in 
advance  and  planted  it  on  every  prairie  and  by  every  water 
course. 

These  men  have  gone  from  the  old  states;  they  have  gone 
by  thousands;  having  many  of  them  shattered  constitutions 
after  service  in  the  army;  and  I  ask  you  in  the  name  of 
American  industry  whether  we  shall  protect  the  industry 
which  has  made  Iowa  what  it  is,  which  has  made  Kansas 
what  it  is,  which  has  made  Wisconsin  what  it  is? 

DIZZY    SENATORS. 

The  subject  being  again  before  the  senate,  a  few  days  later, 
gave  an  opportunity  for  the  senator  from  Nebraska  to  string  a 
succession  of  intellectual  gems  upon  a  golden  chain. 

Mr.  Van  Wyck:  Now  one  word.  It  is  a  very  good  time 
now  to  illustrate  what  some  few  gentlemen  have  been  try- 
ing to  do  in  this  bill.  It  is  a  bundle  of  inconsistencies  from 
beginning  to  end — your  whole  tariff  is.  It  is  filled  with 
them.  I  congratulate  myself  that  my  friend  the  senator 
from  Connecticut  (Mr.  Piatt)  is  getting  upon  the  true  Re- 
publican platform  now — a  tariff  for  revenue.  I  am  rejoiced 
at  that;  and  although  I  may  regret  a  little  the  difference 
of  opinion  among  the  happy  family  of  protectionists  yet  it 
illustrated  that  this  inconsistency  has  been  going  on  to  a 
very  great  extent,  so  that  our  friend  the  senator  from  New 
Jersey  has  really  got  dizzy  by  the  repetition  of  the  ideas 
of  this  inconsistency. 

That   is  probably   true.     He   is   not   the    only   gentleman 


NEBRASKA  IN  THE  0.  S.  SENATE.  321 

who  has  got  dizzy  since  we  have  been  discussing-  these  great 
problems   here. 

wharton's  nickel  mink. 

My  friend  from  Vermont  says  that  Mr.  Wharton  is  an 
enterprising  man.  Certainly;  he  has  got  a  mine.  Who  would 
not  be  enterprising  if  the  government  would  get  its  arms 
under  him  and  give  him  the  duty  that  is  imposed  on  this 
metal? 

•  I  presume  the  senator  from  Vermont  means  to  say  that 
the  millions  of  this  Nation  shall  be  taxed  for  this  one  man 
who  happens  to  own  a  nickel  mine. 

My  friend  from  New  Jersey  says  that  this  nickel  mine  is 
shut  up;  well  let  it  be  shut  up,  and  closed  forever,  if  the 
whole  American  nation  must  be  taxed, —  every  man  who  de- 
sires to  buy  a  little  of  the  ore  made  from  nickel — that  the 
whole  of  this  American  Nation  must  be  taxed, — merely  to 
accomodate  Mr.  Wharton.  I  care  not  how  respectable  he 
may  be;  and  his  one  single  nickel  mine,  I  care  not  whether 
it  may  be  valuable  or  not, — it  costs  this  Nation  too  much  to 
run  that  individual  mine   for  Mr.  Wharton. 

You  will  probably  protect,  as  you  have  protected,  the 
owners  of  the  eleven  Bessemer  steel  companies,  and  tax  the 
whole  United  States  to  do  it.  You  cannot  see  it  there;  I 
believe  the  senator  from  Connecticut  cannot  see  it  there; 
but  he  can  see  it  when  it  is  confined  to  only  one  mine,  to 
one  man,  and  when  it  lays  its  heavy  hand  upon  the  manu- 
facturers of  Connecticut. 

When  the  senator  from  Massachusetts  talks  of  protecting 
American  labor,  he  thinks  of  a  few  thousand  men  and  leaves 
out  of  his  view  the  millions  who  go  forth  and  toil  and 
grapple  wTith  the  soil,  who  receive  no  sort  of  considera- 
tion at  his  hands;  he  has  no  poetry  for  that  class  of  labor- 
ers. It  is  the  blushing  cheek  that  he  desires  in  the  female 
operative  in  his  factory,  but  he  does  not  think  of  the  others, 
who  live   upon  the  great  prairies  of  the  west. 

A  PARTY  APPEAL. 

A  month  following  this  discussion  again  he  participated  in 
a  running-  debate  with  distinguished  senators,  and  made  a  final 
appeal  to  his  Republican  friends. 

I  want  to  say  to  my  political  friends,  as  I  think  I  have 
a  right  to  say,  what  will  be  the  effect  if  you  issue  your 
tariff  from  this  congress  and  send  it  forth  to  the  people 
and  your  pledges  have  not  been  redeemed?  It  is  not  that 
there  is  a  surplus  in  the  treasury  of  the  United  States  at 
99. 


322  NEBRASKA    STATE    HISTORICAL  SOCIETY. 

which  i  h<-  people  <>f  the  Nation  complain.  Oh,  no;  it  is 
because  you  lake  the  money  from  their  pockets  and  pu1  it 
there,  and  you  issue  a  tariff,  and  the  American  people  can- 
not know  from  actual  knowledge  thai  there  lias  been  a 
reduction  of  taxes.  Then,  verily,  our  work  might  better 
have  ended  before  it  was  begun  in  this  matter.  We  may 
amuse  ourselves  here,  but  we  cannot  amuse  the  American 
people  in  this  way.  They  know  they  have  been  trifled  with 
for  years;  they  know  that  they  have  been  bearing  hard- 
ships which  ought  to  have  been  removed,  and  they  will 
know  that  there  was  no  way  except  by  a  combination  of 
interests — as  the  senator  of  Louisiana  says,  negotiations 
which  have  not  been  kept. 

BOGUS  CIVIL  SERVICE. 

During  his  first  congressional  term  in  the  Senate  we  find  him 
dealing  out  sage  advice  to  his  colleagues  just  as  he  did  in  1he 
House  when  the  Republican  party,  in  its  infancy,  was  becoming 
embarrassed  with  political  barnacles,  tramps,  pirates  and  burg- 
lars. 

I  think  I  have  a  right  to  say  that  it  is  not  prudent  for 
the  Eepublican  party  to  adopt  that  policy  which  largely 
contributed  to  the  destruction  of  the  democracy. 

I  claim  the  right  to  occupy  that  ground  as  a  Eepublican 
to-day.  I  choose  as  a  Republican  here,  differing-  with  my 
associates,  to  take  warning  from  the  past.  I  do  not  like 
to  see  one  of  these  circulars  sent  to  a  poor  clerk  in  the 
Treasury  Department,  saying-  to  him  that  he  is  expected  to 
contribute  not  less  than  a  certain  designated  amount,  which 
is  two  per  cent  on  his  salary,  and  the  mockery  of  telling  a 
man  whose  salary  would  not  probably  give  bread  to  his  wife 
and  clothing  and  shoes  to  his  children,  that  it  would  be  a 
pleasure  and  privilege  to  him  to  do  this  thing. 

Senators  will  excuse  me  for  what  I  did  when  I  heard  that 
the  committee  went,  not  only  to  the  pages  of  the  state 
house,  but  also  to  the  day  laborer,  when  in  some  cases  he 
could  only  work  half  time,  and  at  full  time  would  not  re- 
ceive enough  to  support  his  family,  and  mocked  him  by 
sending  a  circular  telling  him  that  "it  is  no  doubt  a  priv- 
ilege to  give  two  per  cent"  of  the  little  pittance  which  he 
receives. 

I  am  not  for  that,  kind  of  civil  service:  I  am  tree  to  say 
that;  but  T  should  like  a  civil  service  that  would  preserve 
the  purity  of  the  ballot-box  and  the  freedom  of  every  man 
who  is  in  the  employ  of  the  government. 


NEBRASKA    IX    THE    T'.    S.    SENATE-  323 

CRYSTALLIZED  OPINION. 

Mil  a  subsequent  occasion  when  his  party  had  suffered  a  politi- 
cal defeat  his  condolence  was  of  spiritual  "wormwood  and  gall." 

My  friend,  who  is  not  here  tonight.-  was  on  that  commit- 
tee, and  when  I  appealed  on  behalf  of  these  clerks  who  now 
exercise  our  brethren  so  much,  and  when  1  alluded  to  pos- 
tal clerks  whose  pay  had  been  reduced  and  said  it  was  in- 
human— I  think  that  word  has  been  used  here  once  or 
twice — to  pursue  those  men  and  force  political  assess- 
ments from  them,  my  distinguished  friend  from  Maine  rose 
and  asked  very  triumphantly.  "Who  is  hurt?"  [Laughter.] 
My  distinguished  friend  from  Iowa,  only  a  few  days 
ago.  said  that  he  discovered  that  the  opinion  of  the  people 
had  crystallized  on  this  question  of  political  assessments. 
It  certainly  crystallized  pretty  hard  when  it  struck  Iowa 
pretty  solidly  in  two  or  three  places.  Fortunately  for  us 
farther  west  it  struck  Iowa  so  hard  that  it  bounded  over 
Nebraska  and  landed  on  the  Pacific  slope.  Crystallized! 
The  public  sentiment  crystallized  on  the  question  twenty- 
two  years  ago,  when  by  the  report  which  was  read  during 
the  last  session  it  was  shown  that  the  iniquity  of  the  Dem- 
ocratic party  in  that  matter  had  found  them  out  and  the 
people  denounced  them.  Let  us  make  the  laws  as  effective 
and  as  strong  as  we  possibly  can  on  this  matter  that  these 
men  may  be  protected  and  that  the  ballot  box  may  be  safe 
from   corruption. 

SKILLED  LABOR. 

When  it  was  determined  to  exclude  from  the  country  foreign 
laborers  brought  here  under  contract,  and  the  subterfuge  was 
resorted  to  of  importing  them  under  the  head  of  "skilled  labor." 
Mr.  Van  Wyck,  uttered  the  following: 

It  is  a  very  easy  thing  for  gentlemen  who  desire  to  im- 
port labor  under  contract  to  have  it  "skilled  labor."  The 
man  who  works  in  the  mines  is  a  "skilled  laborer."  I  think: 
the  man  who  works  in  a  factory  is  a  skilled  laborer.  When 
the  men  were  locked  out  of  the  glass-making*  establish- 
ments in  this  country  there  were  found  skilled  workmen  to 
take  their  places;  and  when  the  iron  manufacturers  closed 
their  doors  against  American  workmen  because  they  will 
not  work  at  reduced  wages,  and  sometimes  at  starvation 
wages  equal  to  those  of  the  pauper  labor  of  "Europe,  then 
it  will  be  said  that  it  is  "skilled  labor"  that  is  to  be 
brought  under  contract  from  foreign  countries.  So  I  move 
that  those  words  be  stricken  from  the  bill. 


324  MM'.KASKA    STATE   HISTORICAL   SOCIETY. 

STEAMSHIP   SUBSIDY. 

On  a  proposition  to  grant  a  |400,000  subsidy  to  the  Pacific 
Mail  Ship  Company,  in  order  to  encourage  commerce,  protecting 
an  "infant  industry,"  which  had  been  paying  dividends  for  a 
great  many  years,  the  senator  swept  away  the  flimsy  disguise. 

if  there  be  citizens  of  America  in  Japan  and  China  and 
Australia  needing  mail  facilities  they  are  served  today; 
they  are  served  by  the  service  which  this  wealthy  corpora- 
tion is  enabled  to  give  them.  That  is  all  that  is  desired  in 
those  waters,  I  presume.  For  years  they  have  been  reach- 
ing those  ports;  for  years  they  have  been  amassing  suffici- 
ent money  in  the  carrying  of  commerce  to  declare  liberal 
dividends. 

CONGRESSIONAL  GRATITUDE. 

In  attempting  to  discharge  the  duty  of  a  reformer  and  pro- 
tect the  Treasury  from  legalized  pillage  the  Senator  had  often 
to  place  gallantry  in  abeyance  and  discard  for  the  moment  all 
conditions  of  adventitious  circumstances  of  sex  or  social  position. 
Accordingly  several  years  after  $57,000  had  been  appropriated 
to  cover  all  the  expenses  attending  upon  General  Garfield  and 
his  burial;  and  after  the  pension  of  Surgeon-General  Barnes 
(one  of  the  attendants)  had  been  raised  from  $30  to  $50  per 
month,  and  an  item  in  an  appropriation  bill  offered  Mrs.  Gar- 
field an  additional  $5,000  on  account  of  meritorious  services  of 
her  husband,  Mr.  Van  Wyck  moved  to  strike  out  the  amount. 

The  severity  of  the  Senator's  logic  caused  him  to  pay  the 
debts  of  the  government  from  the  treasury,  and  to  draw  upon 
his  own  funds  for  gratuities  antl  charity. 

ANNUAL   CLERKS. 

Occasionally  his  lessons  of  economy  and  equity  were  specific- 
ally directed  to  his  colleagues. 

Mi;.  Van  Wyck:  If  there  is  any  justice  or  honesty  about 
the  distribution  of  this  part  of  the  patronage — or  plunder, 
as  it  should  more  properly  be  termed, — patronage  if  we 
choose  to  ca»ll  it  by  a  milder  term,  because  probably  one- 
half  the  persons  employed  about  this  building  are  not  nec- 
essary— we   should    act   equally.      We    have    doubled    the    ex- 


NEBRASKA    IN    THE    U.    S.    SENATE.  325 

penses  connected  with  the  running'  of  this  part  of  the  Capi- 
tol beyond  what  is  actually  necessary. 

It  is  significant  that  we  have  here  clerks  of  committees 
carried  on  the  annual  roll  to-day  when  there  is  no  pre- 
tense of  necessity  or  duty  for  them.  Why  do  the  appro- 
priations committee,  who  watch  everything  so  carefully, 
suffer  this  to  pass  out  of  their  grasp  and  fasten  committee 
clerks  on  the  treasury,  when  there  is  no  necessity  for  them? 
We  have  messengers  at  $1,400  a  year  and  the  compensation 
of  others  is  increased  and  so  is  that  of  the  clerk  of  the 
appropriations  committee.  I  should  like  the  senate,  if  possi- 
ble, to  be  consistent  on  one  line  or  the  either,  either,  on 
the  basis  of  honest  equalitj'  for  all  the  committees  or  on  the 
basis  of  economy. 

If  it  is  a  donation,  if  it  is  a  gift,  a  matter  of  favor  to  a 
senator,  having  charge  of  a  committee,  let  it  be  uniform. 
That   is  all. 

MORMONISM. 

Mil.  Van  Wyck:  The  point  of  my  amendment  is  as  to  the 
necessity  of  this  cumbersome  and  expensive  commission 
being  still  further  continued  in  the  service  of  the  Govern- 
ment. A  board  of  army  officers  can  discharge  this  duty 
equally  as  well,  and  save  expense  to  the  treasury,  if  that  is 
a  matter  ever  to  be  considered;    but  I   suppose  not. 

Under  the  general  desire  and  supposed  necessity  to  keep 
on  depleting  the  treasury,  probably  that  will  not  be  an 
argument  in  favor  of  my  amendment.  But  I  insist  that  we 
can  trust  the  President  of  the  United  States  to  select  three 
army  officers  who  can  discharge  the  duty  of  registering  the 
voters  and  counting  of  the  votes,  and  then  act  as  a  return- 
ing* board.  Undoubtedly  the  President  would  be  careful  to 
send  men  of  good  moral  influence  among  the  Mormons,  and 
he  will  be  careful  to  select  army  officers  who  have  not  dupli- 
cated their  pay  accounts  too  often  so  as  to  raise  money  to 
gamble  in  cards  and  in  stocks.  And  then  if  the  President 
is  under  the  necessity  of  taking  some  officers  who  have  been 
in  the  habit  of  frequenting  Washington,  I  think  we  can 
trust  him  to  select  those  men  who  have  not  become  too 
incurably  fixed  in  polygamous  habits  here  in  Washington, 
so  that  we  would  get  reasonably  pure  men. 

The  senator's  amendment  contemplated  saving  $25,000  on  the 
salaries  of  five  commissioners,  and  a  large  amount  in  rents, 
stationery,  transportation,  etc.;  but  it  failed  to  receive  an 
affirmative  vote. 


32G  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

SUNDAY   OFFICE   WORK. 

At  the  third  meeting  of  the  Senate,  March,  1885,  in  executive 
session,  for  the  confirmation  of  the  appointees  of  President 
Cleveland's  cabinet  and  officers,  Senator  Van  Wyck  introduced 
a  resolution  directed  to  the  new  Secretary  of  the  Interior,  asking 
for  information  relative  to  the  patenting  of  certain  lands  to  the 
Texas  Pacific  Railroad,  "whether  the  clerical  force  employed 
worked  nights  and  Sunday  so  that  they  might  be  completed 
before  March  4th."  The  Secretary,  who  should  have  worked  the 
Sunday  force  March  3d,  had  become  a  Colorado  Senator  the  next 
day,  and  was  present  to  respond  to  the  resolution. 

Mr.  Van  Wyck:  Mr.  President,  it  will  be  considered  by 
the  American  people  a  matter  of  sincere  regret  that  an  ad- 
ministration— a  successor  to  those  commencing-  a  quarter  of 
a  century  ago  to  break  the  power  of  organized  capital  and 
check  the  aggressions  of  the  greatest  monopoly  that  ever 
cast  its  blight  on  this  continent — should  have  clouded  its 
good  name  far  more  than  word  or  act  of  its  enemies  in  the 
last  day  of  its  existence;  that  in  the  last  agony  of  dissolu- 
tion its  final  act  should  be  at  the  dictation  and  in  the  inter- 
est of  corporate  wealth,  whose  power  has  grown  to  be  as 
omnipotent  and  whose  aggressions  as  deadly  as  those  of 
the  one  overthrown.  Beginning  for  the  establishment  of 
universal  rights,  it  has  traversed  all  zones  to  the  highest 
elevation,  only  to  be  hurled  in  the  end  to  the  antipode  of 
abject  and  humiliating  surrender  in  the  face  of  the  Nation 
to  a  more  tyrannizing  monopoly  than  dominated  the  Re- 
public in  former  years.  Breaking  the  bonds  of  slavery. 
it    subjugated   the    Nation   to   the   fetters   of   corporations. 

Why  should  clerks  work  night  and  day  and  insult  the  re- 
ligious sentiment  of  the  Nation  by  working  on  Sunday'.' 
What  the  necessity,  public  or  otherwise?  This  Republic  was 
not  to  perish  on  the  4th  of  March:  its  continuity  was  not 
disturbed  by  changing  the  executive;  there  was  no  suspen- 
sion of  powers  and  duties;  all  business  proceeded  as  here- 
tofore. Did  other  of  the  executive  departments  work  their 
forces  nights  and  Sundays  to  have  the  incoming  adminis- 
tration start  with  only  new  business?  Was  it  dangerous 
to  trust  the  representatives  of  the  people  in  the  next  con- 
gress? Was  there  danger  Hint  the  rights  of  settlers  on 
these  lands  would  be  recognized  and  the  public  domain  i>ro- 
tected  by  the  in< ling  administration?  If  so.  then  it  evi- 
dently  has  not    Ween    installed  too  soon. 


XEBRASKA  IX  THE  U.  S.  SEN  All:.  'A-7 


THE  GOVERNMENT. 


During  the  last  congress  of  his  senatorial  term,  having  called 
upon  himself  the  indignant  exclamation  of  a  Senator,  "Let  him 
back  out  of  what  he  said  yesterday,"  the  defiant  Senator  from 
Nebraska  retorted: 

Our  democratic  brethren  arraigned  us  very  severely  only 
last  fall  and  have  been  doing-  it  for  several  years  past.  They 
arraigned  us  in  many  matters,  for  the  wasteful  expenditure 
of  money  and  wasteful  extravagance  in  giving  away  the 
public  domain.  The  government  is  not  here.  T  would  say 
to  my  friend  from  Connecticut:  It  is  not  in  your  little  com- 
mission; it  is  not  in  your  executive  departments;  it  is  at 
the  hearthstones  and  homes  of  the  people  of  Connecticut, 
and  Missouri  and  Kansas  and  Nebraska,  There  is  your  gov- 
ernment to-day,  in  the  hearts  of  the  American  people;  and 
when  their  representatives  here,  when  their  executive  de- 
partments of  congress  fail  to  live  up  to  what  they  believe 
to  be  the  true  principles  of  government,  then  they  rise  up 
as  they  did  twenty-five  years  ago,  when  they  turned  the 
Democratic  party  out  of  power  and  as  they  did  last  fall 
when  they  turned  the  Republican  party  out  of  power.  They 
are  the  government;   there  is  where  the  government   is. 

But  we  have  been  taught  to  believe  that  there  must  be  no 
word  said  against,  no  arraignment  made  of  officers  of  the 
government,  no  reflection  on  the  administration;  no  at- 
tempt to  criticise  those  in  power;  and  yet  it  was  said  by  an 
eminent  senator,  that  this  body  is  suspected  of  being  con- 
trolled by  monopolies;  I  think  that  was  the  point  then.  Is 
not  that  a  serious  charge?  This  is  a  branch  of  the  govern- 
ment, and  yet  it  is  suspected.  And  the  senator  from  Con- 
necticut brings  that  sacred,  holy  halo  around  the  adminis- 
tration, and  Wants  to  have  it  so  bright  and  brilliant  that  the 
common  vision  will  not  undertake  to  peer  and  loolc  he- 
yon  d  it. 

DEMONETIZING    SILVER. 

The  chairman  of  the  Judiciary  Committee  having  declared  no 
parties  in  the  Senate  or  outside  attempted  to  demonetize  silver, 
Mr.  Van  Wyck  responded: 

Some  years  ago  national  hanks  in  New  York  made  an  at- 
tempt to  demonetize  by  ostracising'  silver,  but  as  they  were 
the  immediate  creatures  of  the  law-  they  shrewdly  calcu- 
lated the  hazard  of  that  venture.  Now  the  wedge  is  to  be 
entered    in    a    different    shape.     Capital    is    arraigning    itself 


328  NEBRASKA    STATE   HISTORICAL    SOCIETY. 

againsl  the  law,  the  almosl  universal  sentimenl  and  pros 
perity  of  the  people-  a  bold,  deliberate  strike,  done  with 
malice  aforethoughl  against  the  interests  of  the  masses. 
the  interests  of  labor.  Severe  penalties  are  denounced 
against  those  who  debase  our  coin.  Why  should  not  ade- 
quate punishment  bs  provided  for  those  who  are  seeking 
not  only  its  debasement  but  its  complete   overthrow? 

Capital,  by  its  extravagant  and  illegal  demands,  is  arous- 
ing the  storm  it  professes  to  dread,  and  when  it  succeeds, 
as  surely  it  will,  in  forcing  a  stern  and  active  protest,  it 
will  then  appeal  for  protection  to  the  government  whose 
laws  it  has   set   at   defiance. 

ECONOMY. 

Having  moved  to  increase  the  pension  allowance  of  minor 
children  and  being  met  with  the  cry  of  economy,  the  Sena  I  or 
said: 

Oh,  yes,  it  is  all  very  well;  but  this  cry  springs  from  the 
money  center.  It  does  not  come  from  the  great  muscle 
of  this  land  that  pays  the  most  taxes.  The  people  who  toil 
are  not  finding  fault  with  what  you  pay  out  for  pensions. 
The  complaint  does  not  come  from  the  workshop,  or  the 
farm,  or  the  counter.  Oh,  no;  but  the  money  centers  have 
become  alarmed ;  you  see  it  in  the  great  city  of  New  York. 
An  elegant  statue  was  proposed  to  be  erected,  and  a  great 
city  with  its  host  of  millionaires  cannot  find  money  enough 
to  build  even  the  pedestal  to  hold  it,  and  they  appeal  to 
others  for  aid;  to  the  men  who  drive  the  street  cars,  who 
work  for  sixteen  or  seventeen  hours  per  day,  and  who 
then  do  not  get  money  enough  to  break  their  fast.  They 
are  appealed  to  to  raise  money  enough  to  complete  a  ped- 
estal to  receive  the  great  work  of  Bartholdi.  There  is  not 
a  minor  child  on  the  pension  roll  but  would  ask  my  friend 
from  Illinois  and  my  friend  from  New  Jersey  and  my  friend 
from  Kansas  to  stop  just  long  enough  to  protect  this  very 
class. 

WASHINGTON  MONOPOLIES. 

From  the  experience  of  the  last  three  or- four  years  one 
thing  is  evident,  thai  three  great  powers  in  this  city  con- 
trol — own,  T  might  almost  say;  probably  control  would  be 
nearer  the  truth — the  congress  of  the  United  States.  Three 
corporations.  1  would  say  to  my  friend  from  Iowa,  sub- 
stantially own  the  congress  of  the  United  States.  It  is  not 
necessary  for  the  senator  to  be  alarmed.  I  do  not  mean 
owned  in  a  commercial  sense,  hut  controlled  to  the  extent 
of    either    doing    or    refusing    to    do    what    the   corporations 


NEBRASKA    IN    THE    U.    S.    SENATE.  '■*>-$ 

demand  of  congress.  That  is  all  there  is  of  it.  That  is  the 
beginning  and  the  end.  Take  the  Washington  Gaslight  Com- 
pany, the  national  banks,  and  the  railroads,  steam  and  car, 
no  matter  how  little  and  insignificant,  even  a  bob-tail  line, 
they  control  the  congress  of  the  United  States  to-day,  and 
have  done   so   for   some   few  years  past. 

On  the  supposition  that  congress  gave  railroads  the  right  to 
occupy  streets  without  providing  a  mode  of  assessing  damages, 
Mr.  Van  Wvck  said: 

They  were  thrown  on  their  common-law  rights.  Con- 
gress, so  liberal  in  bestowing  these  privileges.  I  presume 
did  not  think  it  was  wise  to  protect  the  citizens  of  Wash- 
ington having  residence  upon  either  side  of  the  streets, 
which  they  generously  turned  over  to  the  occupation  of 
the  railroad  corporations,  and  I  think  the  senator  will  find 
that  these  citizens  were  driven  to  the  courts  in  order  to 
obtain  redress.  So  it  seems  these  mammoth  corporations 
can  take  congress  by  the  throat,  and  although  it  sits  nine 
months  in  one  year,  and  three  in  the  next,  the  great  repre- 
sentatives of  the  American  Republic  tremble  before  these 
huge  corporations,  and  the  only  remedy  for  the  individual, 
the  citizen  (who  has  no  protection  by  reason  of  any  self 
control  on  the  part  of  the  people  here  or  any  regulation 
of  their  own  affairs)  is  that  he  must  go  to  the  courts  single- 
handed  and  alone  to  deny  the  right  of  a  railroad  company 
to  enter  the  highways  and  streets  and  destroy  the  value  of 
his  property  and  make  it  useless. 

TREASURY    SUPPLIES. 

The  surplus  is  becoming  somewhat  problematical.  The 
senator  from  Connecticut  secured  the  passage  a  few  days 
ago  of  two  bills — -twins,  I  think  they  were  called — evidently 
appearing  about  the  same  time  and  running  their  race  about 
the  same  time;  twin  bills,  twin  in  point  of  time  and  amount, 
each  $8,000,000,  and  twins  for  effecting  the  same  object; 
that  was  to  get  some  steel  manufacturers  to  make  steel, 
and  yet  not  a  gun  built   out  of  the   $16,000,000. 

True,  $1,000,000  were  appropriated  for  a  gun  factory,  and 
the  other  .millions  for  the  production  of  steel;  and  after 
we  get  the  steel,  and  the  steel  is  a  success,  and  the  steal 
out  of  the  treasury  is  a  success,  and  the  manufacture  is 
made,  then  they  will  consider  the  question  of  making  the 
gun.  It  is  a  steal  on  the  government,  as  the  senator  from 
Kansas   suggests.      FLaughter.] 

Mr.  Riddlebergek:     How  do  you  spell  it? 


330  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

Mr.  Van  \\v(  k:  That  will  be  referred  to  the  civil  service 
commission.  The  people  are  asking  thai  the  surplus  shall 
be  dried  up:  and  not  that  indiscriminately,  and  without  any 
regard  to  the  public  interests,  the  treasurj  shall  be  thrown 
wide  open  and  have  the  draining  process  there. 

When  the  people  of  this  country  are  asking  to  be  released 
from  taxation  they  point  to  the  treasury  being  full  to  over- 
flowing: so  that  there  may  be  some  relief  in  internal  rev- 
enues and  customs,  duties  and  taxes:  and  the  point  is  to 
stop  the  mouths  of  the  people  by  taking  away,  or  drying  up 
that  argument,  so  that  they  can  be  told,  "The  treasury  is 
empty,  and  therefore  this  taxation  must  go  on."  This  is  the 
way  you  propose  to  drain  the  treasury  and  empty  it  of  its 
resources. 

ELECTION    OF    SENATORS. 

In  the  expiring  days  of  his  senatorial  term  of  six  years,  he 
delivered  a  most  exhaustive  speech  upon  a  proposition  to  amend 
the  constitution  of  the  United  States  so  as  to  secure  the  election 
of  the  United  States  senators  by  direct  vote  of  the  people. 

Having  examined  the  causes  which  made  senators  originally 
subject  to  legislative  conditions,  he  claimed  that  a  crisis  was 
approaching  in  which  the  people  would  recall  the  delegated 
power  and  wield  it  through  the  omnipotence  of  the  ballot  box. 

Mr.  President — When  capital,  in  defiance  of  the  constitu- 
tion and  laws,  can  demand  payment  of  debts  in  gold  coin 
only;  when  the  upheaval  of  labor  can  be  repressed  by  indict- 
ments and  fine  or  imprisonment  for  a  conspiracy;  when  the 
more  dangerous  conspiracy  of  capital,  in  Black  Friday,  in 
control  of  the  coal  fields  of  the  East:  when  a  syndicate  or 
one  man  can  purchase  seventy  coal  mines  within  a  radius 
of  fifty  miles  of  Saint  Louis,  and  no  protest  is  heard,  no 
courts  or  indictments,  at  this  communism  of  wealth,  this 
anarchism  which  threatens,  not  individuals,  not  a  party,  but 
the  entire  Republic;  when  throughout  the  northwest  the 
virgin  soil  is  being  exhausted  to  raise  grain,  make  pork  and 
beef,  the  producer  receiving  hardly  the  cosl  of  production. 
and  when  the  product  reaches  the  seaboard  so  encumbered 
with  railroad  and  other  charges  that  meat  three  limes  a 
day,  our  former  boast,  is  often  denied  the  laborer;  when  to 
the  relief  of  the  Nation  conies  the  president  of  a  powerful 
road,  with  the  exhilarating  and  comforting  assurance  that 
this  great  unrest,  this  persistent  demand  of  labor  for  re- 
Ward  sufficient  to  furnish  substance,  this  clamor  of  pro- 
ducers  that    grain  shall    return    in    price  enough   to  pay   the 


NEBRASKA    IN    THE    U.    S.    SENATE.  331 

bare  price  of  production  is  only  an  indication  of  unusual 
content  and  prosperity  and  a  promise  of  greater  beneficence 
and  glory  to  be  spread  over  the  Republic:  when  the  tenant 
class  is  yearly  increasing:  when  three-fourths  of  all  the 
farms  in  the  Eepublic  are  mortgaged;  when  the  additions 
of  wealth  are  largely  to  those  who  count  possessions  by 
thousands  of  millions,  and  labor  must  return  thanks  for  the 
privilege  to  toil  for  reward  which  hardly  provides  board 
and  clothing,  there  is  a  crisis  impending.  Could  those  lead- 
ers who  have  placed  the  Republican  party  in  peril,  stripped 
it  of  its  usefulness  by  denying  living  principles,  compelling 
the  active  present  to  feast  only  upon  the  memories  and 
reminiscences  of  the  past,  draw  nearer  to  the  hearts  and 
hearthstones  of  the  masses,  seek  to  give  a  genuine  protec- 
tion to  honest  labor,  there  would  soon  be  "life  in  the  old 
land  vet." 

You  remember  when  Sumner  charged  slavery  with  being 
the  great  crime  against  nature.  Corporations  have  taken 
the  place  of  slavery.  Unfortunately  there  is  no  Sumner  to 
arraign  it.  while  it  is  being  strangled  by  those  intrusted 
with  its  care  and  perishing  in  the  face  of  the  very  genera- 
tion— the  actors  and  theatre  of  its  greatest  achievements. 
Corporations  and  their  servants,  like  slavery  and  its  mas- 
ters, can  learn  nothing  by  experience:  blinded  by  pride, 
impelled  by  avarice  and  greed,  will  listen  to  no  suggestions, 
make  no  concessions  in  recognition  of  justice  and  right  until 
disaster  gathers  about  them.  The  democracy  carried 
slavery  and  fell,  although  in  falling  it  did  not  entirely 
perish. 

The  Republican  party  has  carried  monster  corporations 
equally  as  unrelenting  and  exacting,  and  is  reeling-,  stumb- 
ling and  falling  with  the  terrible  load.  And  the  humble 
warner  waving  the  signal  flag  of  danger  is  run  down  and 
crushed  as  an  enemy  in  the  path  of  bloated,  unrelenting-. 
and   unreasoning-  power. 

Shades  of  Sumner.  Lincoln.  Seward,  Chase,  and  the  great 
army  of  martyred  heroes,  who  we  trust  are  not  allowed  to 
snffer  pangs  becaitse  of  the  political  debasement  which  must 
be  endured  by  the  remnant  of  the  grand  Union  Army  at 
the  spectacle  that  the  Republican  party  has  lost  the  popu- 
lar branch  of  the  government,  has  lost  the  executive.  And 
now.  reckless,  nerveless  leaders  tell  us  there  is  a  crisis,  as 
they  madly  beat  the  waves  threatening-  to  submerge  the  last 
feeble,  frail  resting  place;  and  in  their  insane  folly  talk 
about  straight,  reliable  partisans  to  be  elected  in  defiance 
of  the  express  demands  of  the  people  to  save  what  is  left  in 
the  upper  branch  of  congress.  In  the  same  spirit  and  in 
the  same  hope   they  talk   of  the  horrors  of  an   overflowing 


332  NEBRASKA    STATE    BISTORICAL   SOCIETY. 

treasury  and  blindly  suppose  relief  will  come  bo  the  people 
by  draining  it  out  rather  than  stop  unjust  and  oppressive 
taxation,  which  fills  it  by  draining  the  pockels  of  the  people. 

Year  by  year  the  party  becomes  weaker  even  here.  The 
desperate  remedy  is  prescribed  that  the  influence  and 
wealth  and  tools  of  huge  corporations  shall  be  invoked  to 
overthrow  the  people  and  secure  a  temporary  victory  while 
the  leaders  appear  as  unconcerned  as  to  the  real  cause  of 
danger  and  safety  as  was  Nero  when  he  fiddled  at  the 
destruction  of  Rome.  During  this  time  waning  power  is 
departing  from  the  senate  and  in  their  desire  to  save  they 
contribute   to   the   certainty   of  defeat. 

And  thus  it  becomes  more  necessary  that  those  occupy- 
ing seats  in  this  body  should  receive  their  commissions 
directly  from  the  hands  of  the  people.  A  political  crisis  is 
approaching,  when,  driven  from  the  popular  branch,  from 
the  executive,  the  last  resting  place  of  a  once  great  party, 
which  had  done  more  for  mankind  and  made  a  larger  chap- 
ter in  history  than  any  preceding,  can  alone  be  secured 
on  this  cold  and  majestic  eyrie  only  by  not  allowing  the 
Republican  senators  to  be  elected  by  Democratic  votes  a 
wisdom  equal  to  the  ostrich  which  thinks  its  body  secure 
by  hiding  its  head  in  the  sand. 


NEBRASKA  IX  THE  U.  S.  SENATE.  333 


SENATOR  CHARLES  F.  MANDERSON. 

March  4th,  18S3— March  4th,  1895. 

Charles  Frederick  Manderson,  Brevet  Brigadier  General, 
United  States  Senator  from  Nebraska,  and  a  lawyer  by  profes- 
sion, was  born  in  Philadelphia,  Pennsylvania,  February  !).  1837. 
He  was  the  son  of  John  Mariderson,  who  was  born  in  1799  in 
County  Antrim,  Ireland,  of  Scotch-Irish  ancestry  and  emigrated 
to- America  when  a  small  child,  and  lived  nearly  all  his  life  in 
the  city  of  Philadelphia,  where  he  was  well  known  and  where  he 
died  in  1885,  at  the  age  of  eighty-six  years.  The  mother  of 
Charles  F.  Manderson  was  Katherine  Benfer,  who  was  born  in 
the  city  of  Philadelphia,  was  of  German  extraction,  and  died  in 
that -city  when  our  subject  was  a  small  child. 

Charles  Frederick  Manderson  received  his  education  in  the 
public  schools  of  Philadelphia,  and,  when  of  proper  age,  was 
admitted  to  the  High  School  of  that  city,  an  excellent  institu- 
tion, and  under  the  general  direction  of  Professor  Hart,  who 
was  president  of  the  faculty.  At  the  age  of  nineteen  he  re- 
moved to  Canton,  Ohio,  where  he  studied  law  and  was  admitted 
to  the  bar  in  1859.  In  the  spring  of  1860  he  was  elected  city 
solicitor  of  Canton,  and  was  re-elected  the  next  year. 

General  Manderson  was  married  at  Canton,  April  11th,  1865, 
to  Rebecca  S.,  daughter  of  Hon.  James  D.  Brown,  a  lawyer  of 
prominence,  who  died  at  Omaha,  Nebraska,  in  1871.  His  wife's 
maternal  grandfather,  John  Harris,  was  one  of  the  first  settlers 
of  the  state  of  Ohio,  and  a  lawyer  who  achieved  high  profes- 
sional standing  and  renown  in  the  early  history  of  the  State. 

On  the  day  of  the  receipt  of  the  news  of  the  firing 
on  Fort  Sumter,  Mr.  Manderson  enlisted  as  a  private  with 
Captain  James  Wallace  of  the  Canton  Zouaves,  an  independent 
company  of  which  he  had  been  corporal.  Mr.  Manderson  and 
Samuel  Beatty,  an  old  Mexican  soldier,  then  sheriff  of  Stark 
County,  received  permission  from  Governor  Dennison  to  raise 
a  company  of  infantry  in  April,  1861.     They  recruited  a  full 


334  NEBRASKA   STATE    HISTORICAL  SOCIETY. 

company  in  one  day;  Manderson  being  commissioned  as  its  first 
lieutenant,  and  Beatty  captain.  In  May,  1861,  Captain  Beatty 
was  made  colonel  of  the  19th  Ohio  Infantry,  and  Manderson  w;is 
commissioned  captain  of  Company  A  of  the  same  regiment,  lie 
took  his  company  into  western  Virginia,  among  the  first  troops 
occupying  that  section,  taking  station  at  Glover's  Gap  and 
Mannington.  The  19th  Ohio  became  a  part  of  the  brigade  com- 
manded by  General  Rosecrans  in  General  McClellan's  army  of 
occupation  of  Virginia  and  moved  up  the  Kanawha  valley.  The 
regiment  participated  with  great  credit  in  the  first  field  battle 
of  the  war,  known  as  Rich  Mountain,  on  the  11th  of  July,  1861. 
Captain  Manderson  received  special  mention  in  the  official  re- 
ports of  this  battle.  In  August,  1861,  he  re-enlisted  his  com- 
pany for  three  years  or  during  the  war,  and  in  this  service  he 
rose  through  the  grades  of  major,  lieutenant  colonel  and  colonel 
of  the  19th  Ohio  Infantry,  and  on  January  1st,  1864,  over  400  of 
the  survivors  of  his  regiment  re-enlisted  with  him  as  veteran 
volunteers.  The  battle  of  Shiloh,  during  which  Captain  Man- 
derson acted  as  lieutenant  colonel,  caused  his  promotion  to  the 
rank  of  major  and  he  was  mentioned  in  the  reports  of  General 
Boyle  and  General  Crittenden  for  distinguished  gallantry  and 
exceptional  service.  General  Boyle,  commanding  the  brigade. 
says  in  his  report: 

Captain  Manderson  deported  himself  with  cool  nerve  and 
courage   and  personally  captured  a  prisoner. 

He  was  in  command  of  the  19th  Ohio  Infantry  in  all  its  en- 
gagements up  to  and  including  the  battle  of  Lovejoy's  Station 
on  September  2nd,  1864.  At  the  battle  of  Stone  River  or 
Murfreesboro,  his  regiment  lost,  in  killed  and  wounded,  two 
hundred  and  thirteen  men  out  of  four  hundred  and  forty-nine 
enlisted  men  taken  into  the  engagement.  It  won  distinguished 
renown  and  exceptional  mention  for  its  participation  in  this 
great  battle  and  the  official  reports  gave  particular  credit  to  its 
charge  in  the  cedars,  which  checked  the  enemy's  advance  upon 
our  right  and  restored  the  line  of  battle  to  one  that  could  be 
maintained.  General  Fred.  Kneliar,  who  commanded  the  79th 
Indiana,  said  in  his  official  report: 


NEBRASKA    IN    THE    r.    S.    SENATE.  '■'<■'>'> 

1 1  may  not  be  improper  to  remark  that  the  behavior  of 
my  regiment,  which  had  but  few  opportunities  for  drill, 
and  had  not  been  long-  in  the  field,  may  be  attributed  in 
a  great  measure  to  the  splendid  conduct  of  the  19th  Ohio. 
Major  Manderson  commanding,  the  effect  of  whose  example 
was  not  lost  upon  the  officers  and  soldiers  of  my  regiment. 

Major  Manderson  was  promoted  to  be  lieutenant  colonel  and 
colonel  for  bis  conduct  at  the  battle  of  ■  Stone-River.  General 
Grider,  commanding  the  brigade,  says: 

The  command  was  splendidly  led  by  its  officers,  among 
whom  was  Major  Manderson.  who  exhibited  the  utmost  cool- 
ness  and  daring. 

During  its  three  years  aud  its  Aeteran  services,  the  19th  Ohio 
Infantry  participated  in  the  following  campaigns  and  battles: 
Shiloh,  siege  of  Corinth,  action  near  Farming-ton,  movement 
from  Battle  Creek,  Tennessee,  to  Louisville,  Kentucky,  Perry- 
ville  campaign.  Crab  Orchard,  Stone  River,  Murfreesboro,  Tulla- 
hoina  campaign.  Liberty  Gap.  Chickamauga,  siege  of  Chatta- 
nooga, Orchard  Knob.  Mission  Ridge,  Knoxville  campaign,  At- 
lanta campaign,  Cassville,  Dallas,  New  Hope  Church,  Picketts 
Mills.  Ackworth  Station,  Pine  Knob,  Kulp's  Farm,  Kenesaw, 
affair  near  Marietta,  crossing-  the  Chattahoochee  River,  Peach 
Tree  Creek,  Siege  of  Atlanta,  Ezra  Chapel,  Jonesboro,  Lovejoy's 
Station,  Franklin,  Nashville,  and  pursuit  of  Hood's  army. 

During  the  Atlanta  campaign,  Colonel  Manderson  commanded 
a  demi-brigade  composed  of  the  19th  Ohio,  79th  Indiana  and 
9th  Kentucky. 

The  brigade  commander  says  of  the  battle  of  New  Hope 
Church  in  his  official  report: 

The  second  line  commanded  by  Colonel  Manderson  and 
composed  of  the  19th  Ohio,  the  79th  Indiana  and  the  9th 
Kentucky,  advanced  in  splendid  style  through  a  terrific  fire. 
Officers  and  soldiers  acted  most  gallantly,  the  regiments 
of  the  second  line  particularly,  which  advanced  in  admirable 
order  over  very  difficult  ground  and  determinedly  main- 
tained their  ground  against  very  superior  numbers.  Con- 
spicuous for  gallantry  and  deserving  of  special  mention  is 
Colonel  C.  F.  Manderson  of  the   19th  Ohio. 

•   While  leading  his  demi-brigade  composed  of  the  19th   Ohio. 


336  NEBRASKA   STATK    HISTORICAL   SOCIETY. 

IMli  Kentucky,  and  the  79th  Indiana  in  a  charge  upon  the 
enemy's  works  at  Lovejoy's  Station,  Georgia,  on  September  2nd. 
1864,  Colonel  Manderson  was  severely  wounded  in  the  spine  and 
right  side,  which  produced  temporary  paralysis  and  great 
suffering  and  rendered  him  unfit  for  duty  in  the  field. 
General  Kneflar,  commanding  the  brigade,  says  officially: 

I  cannot  say  too  much  of  Colonel  Manderson,  who  was 
severely  wounded  and  always  conspicuous  for  gallantry 
and  skill. 

General  Wood,  who  commanded  the  division,  says  of  the 
charge  upon  the  enemy's  works: 

It  was  gallantly  made  and  we  lost  some  valuable  officers, 
among  them  Colonel  Manderson. 

The  ball  being  extracted  and  much  disability  arising  there 
from,  Colonel  Manderson  was  compelled  to  resign  the  service, 
from  wounds,  in  April,  1865,  the  war  in  the  West  having  practi- 
cally closed.  Previous  to  his  resignation  he  was  breveted 
Brigadier-General  of  Volunteers  United  States  Army,  to  date 
March  13th,  1865,  "for  long,  faithful,  gallant  and  meritorious 
services  during  the  War  of  the  Rebellion."  This  distinction 
came  to  him  on  the  recommendation  of  army  commanders  in  the 
field  and  not  by  political  influence. 

Returning  to  Canton,  Ohio,  General  Manderson  resumed  the 
practice  of  law  and  was  twice  elected  district  attorney  of  Stark 
County,  declining  a  nomination  for  a  third  term.  Tn  1867  he 
came  within  one  vote  of  receiving  the  nomination  for  congress 
in  a  district  of  Ohio,  then  conceded  to  be  Republican  by  several 
thousand  majority. 

In  November,  1869,  he  removed  to  Omaha,  Nebraska,  where 
he  still  resides  and  where  he  quickly  became  prominent  in  legal 
and  political  affairs.  He  was  a  member  of  the  Nebraska  State 
Constitutional  Convention  of  1871,  and  also  that  of  1875,  being 
elected  without  opposition  by  the  nomination  of  both  political 
parties.  He  served  as  city  attorney  of  Omaha,  Nebraska,  for 
over  six  years,  obtaining  signal  success  in  the  trial  of  important 
cases  and  achieving  high  rank  as  a  lawyer.     For  manv  vears 


CHAS.  F.  MANDERSON. 


NEBRASKA    IN    THE    U.    S.    SENATE.  337 

he  has  been  an  active  comrade  in  the  Grand  Army  of  the  Re- 
public, and  for  three  years  was  commander  of  the  Military 
order  of  the  Loyal  Legion  of  the  District  of  Columbia.  He  was 
elected  United  States  Senator  as  a  Republican  to  succeed  Alvin 
Saunders,  his  term  commencing  March  4th,  1883. 

He  was  re-elected  to  the  senate,  without  opposition,  in  1889, 
and  with  exceptional  and  unprecedented  marks  of  approval 
from  the  legislature  of  Nebraska.  His  term  expired  March  3, 
1895.  In  the  Senate  he  has  been  chairman  of  the  Joint  Com- 
mittee on  Printing  and  an  active  member  of  the  following  com- 
mittees: Claims,  Private  Land  Claims,  Territories,  Indian 
Affairs,  Military  Affairs,  and  Rules.  Many  valuable  reports 
have  been  made  by  him  from  these  committees,  and  he  has  been 
a 'Shaping  and  directing  force  in  legislation  of  great  value  re- 
lating to  claims,  the  establishment  of  the  private  land-claims 
court,  the  government  of  the  territories,  the  admission  of  new 
States,  pensions  to  old  soldiers,  aid  to  soldiers'  homes,  laws  for 
the  better  organization  and  improvement  of  the  discipline  of  the 
Cnited  States  army  and  for  the  improvement  and  better 
methods  for  the  printing  of  the  government. 

In  the  second  session  of  the  51st  congress,  he  was  elected  by 
the  United  States  Senate  as  its  President  pro  tempore  without 
opposition,  it  having  been  declared  by  the  senate  after  full  de- 
bate to  be  a  continuing  office. 

The  following  letter  antedates  Mr.  Manderson's  second  sena- 
torial election. 

State  Capitol,  Lincoln-,  Neb.,  Jan.  1st,  1889. 
Hon.  Charles  F.  Manderson,  Washington,  D.  C. 

Dear  Senator:  The  political  situation  in  Washington 
seems  to  demand  your  presence  at  your  post  of  duty,  to 
look  after  pending  legislation  and  the  interests  of  the  peo- 
ple of  this  State,  which  you,  in  part,  so  ably  represent. 

Your  honorable  and  consistent  record  in  public  life,  your 
untiring  and  zealous  work  in  behalf  of  the  Republican  party 
and  its  principles;  your  labor  for  the  old  soldiers,  and  the 
glorious  fight  you  have  made  for  the  National  Republican 
cause  in  the  State  and  Nation,  we  fully  appreciate  and 
desire  to  thank  you. 

We  further  say  to  you,  with  all  the  sincerity  that  the 
23 


:'.::>  Nebraska  state  historical  society. 

human  heart  can  give  forth,  that  while  you  are  thus  de- 
tained  at  your  post  of  duty,  we  will  also  be  at  ours  and 
see  to  it  that  you  are  triumphantly  elected  to  the  National 
Legislature  as  your  own  successor. 

Each  wishing-  you  a  happy  and  prosperous  New  Year,  we 
remain.  Yours   obediently, 

(Signed  by  101  members  of  the  Nebraska  Legislature.) 

Mr.  Manderson  was  sworn  into  office,  as  a  senator  for  Ne- 
braska, on  the  3rd  day  of  December,  1883,  in  the  last  session  of 
the  48th  congress;  and  was  in  due  time  assigned,  for  committee 
duty,  to  those  of  Private  Land  Claims,  Territories,  Transporta- 
tion Koutes  to  the  Seaboard,  and  Claims. 

Having  busied  himself  mostly  with  the  investigation  of  ques- 
tions that  pertained  directly  to  his  own  state  and  region  of 
country,  for  the  space  of  three  months,  he  was  fortunate  in  the 
selection  of  a  theme  on  which  to  make  his  first  oratorical  effort 
before  his  deliberate  and  dignified  associates;  a  theme  on  which 
the  soldier's  patriotism  could  dominate  the  lawyer's  acquisitions 
in  sustaining  a  military  verdict.  He  stated  the  question  at 
issue,  as  follows:  "Adopting  the  language  of  the  advisory 
board,  it  asks  that  the  Congress  shall  annul  and  set  aside  the 
findings  and  sentence  of  the  court-martial  in  the  case  of  Major 
Gen.  Fitz-John  Porter  and  restore  him  to  the  position  of  which 
that  sentence  deprived  him."  His  introduction  was  very  con- 
ciliatory: 

Gentlemen  of  distinguished  ability  occupying  places  at 
both  ends  of  the  capitol,  lawyers  of  great  erudition  whose 
reputation  is  national,  soldiers  of  distinction  whose  names 
are  "as  familiar  in  our  mouths  as  household  words,"'  have 
spoken  and  written  upon  the  theme  until  it  seems  almost 
worn  threadbare. 

The  plea  of  the  novitiate  for  kindly  recognition  was  delicate 
and  beautiful: 

Here  in  the  face  of  the  world,  for  nearly  a  quarter  of 
a  century,  has  progressed  a  contest  where  the  stake  was 
dearer  than  life — a  struggle  to  vindicate  impeached  honor, 
to  clear  smirched  loyalty,  to  brighten  tarnished  reputation. 
What  wonder  is  it,  then,  that  the  interest  continues  and 
that  even  the  fledglings  of  the  senate  show  desire  to  record 
the  reasons  that  prompt  their  votes  for  or  against  this  bill? 


NEBRASKA    IN    THE    U.    S.    SENATE.  339 

And  then  how  adroitly  "the  fledgling's"  locality  was  defined: 

When  the  court-martial  assembled,  in  the  fall  and  winter 
of  1862,  with  General  Hunter  as  president  and  Generals 
Hitchcock,  King-,  Prentiss,  Kicketts,  Casey,  Garfield,  and 
other  distinguished  military  leaders, — I  was  of  the  army 
of  the  West,  far  removed  from  Washington,  and  where  by 
reason  of  our  distance  and  the  fact  that  we  had  usually 
sufficient  on  hand  to  keep  us  very  busy,  we  knew  but  little 
-  of  what  was  croine-  on  in  the  armies  of  the  East. 


&' 


But  it  had  become  a  matter  of  history  that  General  Grant, 
and  others,  had  at  last  joined  the  advocates  of  General  Porter 
and  in  this  preliminary  skirmish  that  obstruction  must  be  re- 
duced. 

The  first  article  presented  to  me,  and  carefully  read,  was 
the  paper  of  General  Grant,  "An  Undeserved  Stigma,"  pub- 
lished in  the  North  American  Review,  and  this  was  followed 
by  the  letters  of  General  Grant,  Terry,  and  others;  then  the 
defensive  pamphlet  of  Mr.  Lord,  and  the  report  of  the 
majority  of  the  Committee  on  Military  Affairs  of  the  senate. 

But  a  judge  could  not  rest  with  the  defendant's  side  of  the 
case  alone,  and  hence  Mr.  Manderson  carefully  reviewed  the 
testimony  of  the  United  States;  and  if  the  banner  of  General 
Grant  was  to  lead  the  Porter  procession,  there  was  another  like- 
ness, of  clear-cut  features  before  which  uncovered  heads  bowed 
"The  experienced  lawyer,  the  sound  jurist,  the  great  patriot,  the 
compassionate  man — Abraham  Lincoln — reviewed  the  action  of 
the  court." 

Anxious  not  to  appear  ungenerous  in  anything  he  said: 

I  would  gladly  join  the  ranks  of  those  who,  from  a  desire 
to  do  justice  as  they  see  the  course  of  justice,  or  from  mo- 
tives of  mercy  as  they  see  it  right  to  be  merciful,  will  take 
the  stain  of  over  twenty  years'  duration  from  this  appeal- 
ing old  man;  but  under  the  facts  and  law,  as  I  see  them, 
whether  this  proceeding  be  one  of  judicial  review  or  the 
exercise  of  clemency,  this  bill  should  not  pass. 

There  having  been  a  great  asperity  in  this  behalf,  and  the  Ne- 
braska senator  desiring  to  cover  no  concealed  feeling  beneath  a 
judicial  robe,  the  following  disclaimer  was  uttered: 


340  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

I  do  nm  saj  thai  Fatz-John  Porter  deserved  death.  I  do 
urn  believe  he  was  either  a  traitor  to  his  country  or  u 
coward.  Of  what  offense  1  believe  him  guilty,  under  the 
proof  and  all  the  proof,  whether  taken  before  the  court- 
martial,  or  the  advisory  board.  1  will  seek  to  show  before 
I   gel    through. 

Having  established  the  dignity  of  military  courts,  as  created 
by  constitutional  provisions,  illustrating  with  opinions  from 
treatises  on  military  law,  the  conclusion  was  educed,  "A  court- 
martial  is  the  proper  and  only  tribunal  for  the  trial  of  military 
officers."  This  proposition  was  ably  sustained,  excluding  con- 
gressional interference  by  reference  to  supreme  court  decisions, 
opinions  of  attorney  generals  and  distinguished  military  writ- 
ers, culminating  in  the  declaration,  "If  congress  controlled  en- 
tirely, the  military  system  would  then  turn  to  despotism." 

The  senator  then  proclaimed  an  axiomatic  truth — "Obedience, 
strict,  prompt,  unquestioning,  active,  whole-souled,  painstaking, 
willing,  cheerful  obedience  is  the  highest  duty  of  the  soldier." 
Supplementing  this  with  The  language  of  Hough  in  his  Prece- 
dents on  Military  Law,  and  of  Dr.  Hart's  treatise  and  of 
O'Brien  on  American  Military  Law,  and  testing  the  exculpatory 
evidence  of  General  Porter  by  these  accredited  doctrines,  he 
reached  the  conclusion  that  Porter  held  his  superior  officer 
(Gen.  Pope)  in  contempt. 

He  was  jealous  of  his  leadership.  He  dreaded  a  victory 
that  would  advance  him  further.  He  did  not  desire  defeat 
to  our  arms;  but  he  was  not  anxious  to  see  Pope  win  a 
victory.  Ah!  the  curse  of  this  jealousy  among  the  leaders 
of  the  armies  of  the  East.  McClellan,  Hooker,  Burnside. 
Meade,  Pope — all  fell  as  its  victims.  I  thank  God  that  the 
g-enerals  of  the  armies  of  the  West  knew  not  the  base  feel- 
ing. Generous  rivalry  there  was  between  the  divisions  and 
corps  comprising  the  armies  of  the  Tennessee  and  the  Cum- 
berland, but  amongst  great  leaders, — McPherson,  Logan, 
Sheridan,  Thomas,  Grant,  Sherman,  there  were  no  heart- 
burnings from  jealousy,  hatred  and  ill  will.  [Applause  in 
the  galleries.] 

An  army  incident,  certain  to  touch  a  patriotic  chord,  to  con- 
demn a  tardy  step,  and  show  the  star  of  Western  fealty  in  the 
ascendant,  furnished  a  splendid  conclusion: 


NEBRASKA  IX  THE  U.  S.  SENATE.  341 

Mr.  President  —  But  a  few  months  before  the  day  when 
Porter  rested  idly  in  the  shade  while  the  loud-mouthed  can- 
non gave  to  him  unheeded  invitation,  a  far  different  scene 
was  enacted  in  the  West,  and  1  would  like  to  hold  it  up  in 
contrast.  The  capture  of  Fort  Donelson  had  opened  a  clear 
pathway  by  water  and  by  land  to  our  forces,  and  Grant, 
with  his  army,  was  near  Pittsburg  Landing-.  The  glorious 
victory  of  Thomas  at  Mill  Springs,  the  fall  of  Bowling  Green 
and  the  surrender  of  Nashville  had  cleared  Middle  Tennes- 
see for  the  marching  columns  of  Buell.  Along  the  beaten 
roads  during  the  pleasant  spring  days  they  moved.  On 
April  6.  with  the  impetuous  Nelson  and  the  gallant  Critten- 
den in  the  lead,  the  head  of  Buell's  army  approached  Savan- 
nah on  the  Tennessee  River.  The  day  was  nearing-  its  close 
and  the  tired  men  were  longing  for  camp  and  rest.  Sud- 
denly the  faint  sound  of  a  distant  gun.  Another  and  an- 
other in  quick  succession.  The  straggling  lines  of  troops 
instinctively  gather  in  more  compact  form.  Without  com- 
mand to  that  effect  the  marching  step  quickened.  The  sullen 
boom  of  the  artillery  was  more  distinctly  heard  as  the 
distance  lessened. 

The  fact  was  apparent.  Our  brothers  of  the  army  of  the 
Tennessee  were  engaged.  The  battle  was  on.  but  miles 
away  and  across  the  deep  and  rapid  river.  A  long  and  weari- 
some march  had  been  made  that  day  lrv  these  divisions. 
Tired  and  hungry  and  likely  to  so  remain,  for  there  were 
no  cooked  rations  in  their  haversacks  and  the  wagons  miles 
to  the  rear  and  not  likely  to  come  up.  The  leaders  of 
these  commands  need  no  orders  to  hasten  on  and  let  the 
rest  be  taken  after  the  battle  is  lost  or  won.  The  "sound 
of  the  guns"  is  all  the  order  needed.  The  "old  sea  dog'* 
Nelson,  taking  to  water,  naturally.  I  suppose,  leaves  the 
main  road  and  leads  his  division  over  a  shorter  one  through 
swamps.  Crittenden  hurries  on  to  Savannah.  The  waiting 
transports  are  loaded  to  the  guards.  The  river  is  crossed 
and  Grant's  gallant  troops,  disheartened  by  the  long  day's 
fight  at  fearful  odds,  welcome  with  glad  shouts  and  tears 
of  joy  the  leaders  and  men  to  whom  the  din  of  arms  is  an 
invitation  and  "the  sound  of  the  guns"  an  order.  The  rich 
reward  is  that  on  the  next  day  the  battle  of  Shiloh  is  con- 
tinued and  won.  victory  is  wrested  from  the  jaws  of  defeat, 
and  the  rebel  retreat  to  the  south  goes  on.  [Applause  in 
the  galleries.] 

Mr.  President — I  oppose  this  bill  because  of  the  law  and 
the  facts;  because  of  the  dang'erous  precedent  and  the  bad 
example:  because  it  is  destructive  of  discipline  and  injuri- 
ous to  the  well-doing  of  oiir  army:  because  I  believe  it  to 
be  eternally  right  to  do  so. 


342  NEBRASKA    STATE    HISTORICAL  SOCIETY. 

The  delivery  of  this  speech  indicated,  not  merely  what  par- 
liamentary eloquence  was  to  gain  in  the  future,  but  what  the 
present  acquisition  was,  so  rich  in  research,  in  scholarly  adorn- 
ment, and  oratorical  presentation. 

On  account  of  constitutional  make  and  moral  perceptions,  his 
memorial  addresses^  whether  for  senators  or  members  of  the 
house,  have  been  exceedingly  felicitous.  When  Senator  An- 
thony, of  Rhode  Island,  passed  away,  he  said  of  him: 

The  poet  of  the  early  English,  grand  Geoffrey  Chaucer, 
says,  "He  is  a  gentleman  who  does  gentle  deeds,"  and  the 
life  of  our  departed  friend  is  so  full  of  the  constant  per- 
formance of  such  deeds  that  he  made  himself  of  the  true 
gentry  and  issued  his  own  patent  of  nobility. 

He  did  not  seem  to  tire  of  such  well-doing.  The  passing 
of  the  years  and  the  coming  on  of  old  age  brought  physi- 
cal change,  but  "that  good  gray  head  which  all  men  knew" 
was  ever  the  servant  of  the  kind  heart. 

Speaking  of  the  life  of  Congressman  Duncan,  of  Pennsylvania, 
we  have  the  following: 

I  was  charmed  with  the  symmetry  of  his  life  and  could 
not  but  admire  the  features  I  have  so  feebly  portrayed.  A 
life  so  beautiful,  a  career  so  even,  gave  promise  of  a  useful 
future. 

It  is  most  apt  to  depict  him  growing  with  the  years  of 
experience  into  the  trusted  legislator,  the  wise  councilor, 
respected  by  all  men,  of  service  to  the  state,  until  with 
ripened  age  came  fuller  honors,  and  at  last  with  the  full 
allotment  of  years  would  come  the  end  to  the  rounded  life. 
But  it  was  not  so  to  be.  "God's  finger  touched  him  and  he 
slept." 

His  eulogy  upon  General  Logan  was  a  genuine  bugle  blast 
from  morning  call  to  "lights  out": 

I  first  saw  Logan  in  front  of  the  Confederate  position 
on  Eenesaw  Mountain  when  his  corps  made  that  desperate 
assault  upon  Little  Kenesaw — so  fruitless  in  results,  so 
costly  in  human  life.  The  sight  was  an  inspiration.  Well 
mounted,  "he  looked  of  his  horse  a  part."  His  swarthy 
complexion,  long  black  hair,  compact  figure,  stentorian  voice, 
and  eyes  that  seemed  to  blaze  "with  the  light  of  battle," 
made  a  figure  once  seen  never  to  be  forgotten.  In  an  action 
he  was  the  very  spirit  of  war.  His  magnificent  presence 
would    make  a  coward    fight. 


NEBRASKA    IN    THE    U.    S.  -SENATE.  343 

In  a  strain  peculiarly  fitting  the  character  of  the  man  he 
finished  his  tribute  to  the  virtues  of  Senator  Pike,  of  New  Hamp- 
shire : 

The  final  end  of  all  to  our  friend  canie  in  such  form  that 
Ave  might  wish  our  death  to  be  like  his.  Much  of  oppor- 
tunity for  preparation  for  the  dread  summons,  a  gradual 
weakening  of  the  physical  and  mental  powers,  and  then, 
"the  end  of  all  here."    Shelley  well  describes  it: 

"First   our   pleasures   die — and   then 
Our  hopes  and  then  our  fears — and  when 
These  are  dead  the  debt  is  due, 
Dust  claims  dust— and  we  die  too." 

But  unlike  the  author  of  Queen  Mab,  who  saw  nothing- 
beyond  the  grave,  and  to  whom  death  was  an  eternal  sleep, 
our  friend  believed,  with  all  the  strength  of  an  earnest, 
honest  nature,  in  the  soul's  immortality.  The  "pleasing 
hope,  the  fond  desire,"  the  trusting  belief  held  him  through 
all  his  life  and  permitted  him  to  look  upon  death  as 

"The  great  world's  altar  stairs 
That  slope  through  darkness  up  to  God." 

When  funeral  honors  were  being  paid  to  his  friend,  comrade 
and  colleague,  James  Laird,  Senator  Manderson  gave  a  sketch 
of  an  enthusiastic  military  career,  such  as  fancy  might  have 
faltered  to  adorn;  and  of  a  professional  possibility  filling  the 
measure  of  the  most  exalted  ambition.    But, 

"The  aeolian  harp  that  heaven's  pure  breezes  fill 
Must  breathe,  at  times,  a  melancholy  strain," 

and  hence  the  finale: 

To  me  there  is  something-  pitiful  in  the  loneliness  of  the 
last  few  years  of  this  short  life.  He  had  no  near  relative 
living  at  the  time  of  his  death.  He  was  the  last  of  his  race. 
The  father,  the  strong-  preacher,  died  in  his  youth.  His  two 
oldest  brothers  were  killed  on  the  field  of  honor  near  his 
side  in  the  early  days  of  the  war.  His  younger  brother 
died  of  a  distressing  accident  some  years  ago.  There  was 
left  him  no  kin  save  the  dear  old  Scotch  mother  to  whom 
her  "boy  Jamie"  Avas  all  in  all.  How  fondly  he  cherished 
her.  She  made  her  home  with  him  and  desolation  entered 
the  door  when  her  form  was  .carried  through  it  to  the  lone 
couch  of  everlasting  sleep. 

When  memorial  addresses  were  delivered  in  honor  of  General 
W.  T.  Sherman,  Senator  Manderson's  contribution  revealed  him 


:',44  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

as  one  who  comprehended  the  true  magnitude  of  the  coming 
war  of  L861,  before  the  civil  authorities  were  able  to  grasp  its 
far-reaching  proportions;  and  also  refuted  the  charge  of  cruelty 
in  Avar,  as  the  skillful  surgeon  should  be  exonerated  who  used 
the  knife  unsparingly  in  order  to  save  the  life  of  the  patient. 
He  said  of  the  march  to  the  sea: 

There  was  in  front  of  the  Union  soldier  a  foeman  worthy 
of  his  steel.  The  conduct  of  the  Confederate  army  under 
its  skillful  leaders  in  its  masterly  retreat  during-  that  cam- 
paign is  one  that  is  unequaled  in  the  history  of  war.  And 
had  there  not  been  at  the  head  of  the  Union  forces  a  soldier 
so  admirably  equipped  as  Sherman,  I  don't  believe  that 
Atlanta,  the  gate  city  of  the  South,  would  have  been  ours. 
The  capture  of  that  city,  the  opening  of  that  gate  permit- 
ted the  "March  to  the  Sea,"  over  which  oi-ators  grow  elo- 
quent, and  which  produced  the  familiar  song  which  will  live 
forever  in  the  poetry  of  nations,  and  be  the  tune  of  inspira- 
tion to  the  daring  of  soldiers  while  war  shall  be. 

In  his  eulogy  upon  the  character  of  Senator  Barbour,  of  Vir- 
ginia, including  a  sketch  of  his  distinguished  ancestry,  fortunate 
education  and  professional  success,  there  occurs  a  paragraph 
beautiful  in  conception  and  tastefully  uttered: 

Mi;.  Maxdersox:  Mr.  President,  the  interesting  details  of 
the  symmetrical  life  and  well-rounded  career  of  John  S. 
Harbour  have  been  given  to  the  Senate  by  the  distinguished 
gentleman  who  was  his  associate  and  colleague  in  the  per- 
formance of  public  duty  in  this  chamber.  The  recital  is  like 
unto  a  steady  march  to  sweetest  music. 

From  the  forming  of  the  column  in  the  Old  Dominion, 
nearly  three  quarters  of  a  century  ago,  down  through  the 
long  line  to  the  time  when  the  parade  was  dismissed  under 
the  shadow  of  the  dome  of  the  nation's  capitol,  the  move- 
ment was  regular  and  majestic. 

His  march  of  life  ended  in  May  last.  Death  came  in  form 
i  he  most  acceptable.  No  lingering  illness  with  its  hours  of 
suffering-  and  painful  anticipation  of  the  end.  He  was  with 
us  performing  his  task  during  the  day.  the  evening  was 
spent  in  his  library  in  converse  with  family  and  friends. 
The   morning's   sun   rose  and  -with  it  his  spirit    left    the  clay. 

In  his  last  memorial  speech,  ending  his  tenth  year  in  congress, 
Senator  Manderson  illustrated  his  ability  to  weave  into  original 
forms,  historical  facts  and  existing  incidents. 


NEBRASKA    IN    THE    U.    S.    SENATE.  345 

From  a  thrilling  description  of  the  battle  of  Stone  River, 
where  he  and  the  deceased  Senator  Gibson  of  Louisiana  led 
adverse  forces,  and  the  statement  that  they  were  also  at  Shiloh, 
he  continued: 

There  is  upon  the  presiding  officer's  desk  (and  my  calling' 
the  attention  of  the  senator  from  Louisiana  to  it  was  the 
occasion  of  my  making  these  remarks  here)  a  gavel  pre- 
sented to  me  a  little  over  a  year  ago  by  the  men  who  served 
with  me  in  my  regiment.  It  is  made  up  of  woods  gathered 
from  the  fields  of  several  of  the  battles  in  which  my  regi- 
ment was  engaged.  There  is  no  battle  mentioned  on  the 
woods  of  which  that  gavel  is  composed  that  Senator  Gibson 
did  not  serve  upon  the  one  side  and  I  upon  the  other. 

But,  sir,  there  has  come  from  this  long  and  fearful  con- 
flict, as  I  believe,  nothing  but  mutual  respect,  and  I  believe 
that  respect,  aye.  a  warm  and  hearty  admiration,  not  to  say 
affection,  unites  now  the  men  who  fought  upon  the  two 
sides  of  this  great  struggle.  In  saying-  this  I  desire  to  say 
nothing  that  shall  detract  from  or  minimize  in  the  least 
the  conviction  I  had  then,  and  have  now,  that  on  this  side, 
what  I  may  call  our  side,  the  Union  side,  we  Avere  fighting 
for  that  which  was  everlastingly  right;  and  I  thank  God, 
and  I  believe  that  every  ex-Confederate  soldier  thanks  the 
God  of  battles,  that  the  result  has  been  what  it  is — a  Union 
saved  and  a  Union  preserved.  If  there  *are  any  not  now 
satisfied  with  the  result  they  are  not  to  be  found  among- 
those   who    fought    on    either   side. 

Senator  Manderson  signalized  his  entrance  upon  the  duties  of 
the  49th  congress,  January,  1880,  by  an  elaborate  discussion  of 
a  more  efficient  organization  of  the  infantry  branch  of  the  army. 
He  discarded  the  idea  of  danger  to  a  republic  from  a  larger  and 
more  efficient  army  and  endorsed  the  language  of  General  Mc- 
Clellan  that  the  army  as  an  institution  "has  never  called  the 
blush  of  shame  to  the  face  of  an  American,''  and  of  John  C. 
Calhoun,  Secretary  of  War,  that  the  fancied  fear  of  danger 
"partakes  more  of  timidity  than  wisdom." 

Mr.  President — Mr.  Calhoun  had  limited  experience  bear- 
ing upon  this  subject,  however,  compared  with  those  here 
to-day  who  saw  the  country  pass  safely  through  the  dark 
days  of  the  War  of  llebellion  and  witnessed  the  vast  con- 
tending hosts  disappear. so  magically.  And  yet  the  veterans 
of    both    sides,    Union    and     Confederate,    what     thorough 


•  • 


4(1  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

soldiers  they  had  become!  Many  of  them  so  youthful  that 
they  knew  no  other  calling  but  "the  pride  and  pomp  and 
circumstance  of  glorious  war;"  the  rest  with  civil  pursuits 
completely  abandoned  and  their  places  in  the  busy  marts  of 
the  world  filled  by  others;  all  inured  to  the  field,  with  the 
habits  of  the  military  life  fixed  upon  them;  full  of  love  for 
their  old  leaders, — for  they  had  followed  Grant,  Sherman. 
Lee  and  Johnson, — these  men  disappeared  among  the  ranks 
of  civilians,  losing  their  identity  except  as  they  were  known 
as  the  most  liberty-loving  of  citizens. 

He  declared  that  "the  same  lamentably  defenseless  condition 
thai  exists  to-day  has  usually  existed  and  nothing  but  dread  dis- 
aster and  criminal  sacrifice  of  blood  and  treasure  have  ever 
seemed  to  arouse  us  from  our  lethargy."  He  instanced  the  war 
of  1812,  wherein  "we  suffered  insult  after  insult  to  the  flag,  and 
ship  after  ship  was  searched  upon  the  high  seas,  and  that  the 
blush  of  shame  mantled  the  cheek  of  many  a  patriot  of  that  day. 
The  war  came  at  last;  but  how  bitter  the  recollection  of  Hull's 
surrender,  the  capture  of  the  Capitol  by  a  force  of  3,500  men, 
and  the  burning  of  the  public  buildings.  The  only  bright  spot 
in  the  history  was  the  victory  at  New  Orleans,  won  after  the 
terms  of  peace  had  bGen  made." 

He  gave  the  amount  of  the  standing  army  at  the  commence- 
ment of  the  Mexican  war  at  5,300  men.  And  could  General 
Taylor  have  marched  10,000  men  to  the  Rio  Grande,  he  fancied 
that  war  might  have  been  prevented;  and  had  15,000  regulars 
assembled  on  the  field  of  the  first  Manassas  the  incipient  flame 
of  rebellion  might  possibly  have  been  quenched. 

Of  the  settlement  of  international  disputes  by  peace  con- 
gresses, hereafter,  he  said — "God  speed  the  time  when  this  shall 
be  so,  but  it  will  not  be  in  our  day  or  generation." 

Among  the  threatening  dangers,  worthy  of  present  considera- 
tion, he  instanced  the  "murderous  Apache  in  ambush  among  the 
rocks,  or  sweeping  from  his  mountain  hiding  place  to  murder 
the  settler"- —the  restlessness  of  the  Navajoes — tribes  on  the 
border  of  Kansas  menacing — 25,000  Sioux  on  the  North  Ne- 
braska line  vainglorious  over  the  Custer  massacre — 25,000  arms- 
bearing  adults  among  the  Mormons — riots  in  the  large  cities — 
"seed  planted  by  the  socialists  and  nihilists  in  what  they  con- 


NEBRASKA    IN    THE    U.    S.    SENATE.  :>4T 

sider  rich  soil  in  this  laud  of  free  speech" — possible  complica- 
tions with  4 oreign  nations — our  position  with  reference  to  the 
Isthmian  Canal,  and  the  interest  we  have  in  $50,000,000  invested 
in  Mexican  railroads  by  our  people:  "'These  and  others  that  will 
suggest  themselves  to  you  are  the  fertile  causes  that  may  at 
any  time  'Cry  havoc  and  let  slip  the  dogs  of  war."  " 

After  arraying  the  opinions  of  Grant,  Sherman,  Sheridan, 
secretaries  of  war  and  presidents  in  behalf  of  his  bill,  and  ven- 
tilating English,  German  and  other  European  infantry  methods, 
and  explaining  how  regiments  of  twelve  companies  each  would 
be  more  efficient  in  battle,  in  preserving  life,  and  furnishing  an 
immediate  opportunity  for  promotions,  he  came  to  a  conclu- 
sion with  a  delicate  admonition: 

Let  us  suppose  that  a  frontiersman  needs  a  rifle  to  protect 
himself  from  savage  foes.  We  will  say  that  for  $15  he  can 
get  an  old  model,  with  defective  mechanism,  which  at  the 
critical  moment  may  miss  fire.  For  $16  he  can  get  a  rifle  of 
approved  pattern,  true  to  its  aim  and  sure  to  deal  death  to 
an  assailant.  To  buy  the  former  would  be  to  save  a  dollar 
and  risk  destruction;  but  should  the  frontiersman  make 
such  a  choice  his  mistaken  economy  would  be  characterized 
as  the  grossest  stupidity. 

I  need  not  make  the  application.  Do  not  let  us  be  so 
stupid,  but  pursue  the  course  that  has  every  military 
authority  worthy  of  consideration  to  support  it  and  none 
against  it. 


'S« 


Later  on  in  the  session  he  is  found  in  a  spirited  running  de- 
bate with  Dawes,  of  Massachusetts,  Hale,  of  Maine,  and  Logan, 
of  Illinois,  on  the  subject  of  a  5,000  addition  to  the  standing 
army  in  order  to  meet  the  necessity  of  the  vastly  increased  ex- 
panse of  settled  territory  in  the  great  Northwest;  and  from  long 
residence  in  the  region  and  from  personal  contact  with  Indians 
in  camp,  council  and  hunting  grounds,  he  became  a  very  intelli- 
gent and  formidable  antagonist.  But  since  he  has  been  so  fully 
represented  in  two  masterly  efforts  involving  army  questions 
there  seems  no  necessity  for  a  further  analysis  of  this,  which 
closed  with  an  anecdote  at  the  expense  of  Senator  Hale: 

Mr.  President — I  proposed  to  show  that  the  efficient  com- 
mander of  the  Potomac  differed  somewhat  from  the  senatn.- 


348  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

from  Maine.  I  remember  a  story  of  a  glib  young  lawyer 
who  advanced  a  remarkable  Legal  proposition  to  the  court, 
and  was  told  by  the  judge,  "My  young  friend.  I  am  very 
much  surprised  to  bear  you  make  a  statement  of  that  kind, 
and  claim  it  to  he  law,"  and  opening  a  volume  of  Black- 
stone  said.  "lUackstoue  says  so  and  so" — a  proposition 
directly  the  reverse  of  thai  just  stated.  The  attorney  was 
not  at  all  emharrassed  and  said.  "Well,  your  honor,  there  is 
where  Blackstone  and   1   differ." 

In  the  early  days  of  the  50th  congress  General  Manderson  in- 
dulged in  a  discussion,  time  and  again,  upon  the  subject  of  pen- 
sions, and  defended  the  Grand  Army  of  the  Republic  in  its  ob- 
jects, its  elements  and  broad  catholicity.  He  declared  it  a 
society  founded  upon  deep  seated  sentiments  of  patriotism,  so 
burned  in  as  to  have  become  akin  to  religion  and  one  which 
completely  commands  the  confidence  of  the  people.  Its  watch- 
words are  fraternity,  charity  and  loyalty.  There  belongs  to  it 
men  of  all  political  parties.  At  its  post  meetings  and  its  de- 
partmental and  national  encampments  men  of  all  possible  poli- 
tics take  active  and  prominent  part,  advising  conservative  ac- 
tion and  conducting  into  proper  paths.  McClellan  and  Grant, 
Hancock  and  Logan,  were  all  members  of  this  patriotic  order, 
desiring  no  higher  position  in  it  than  that  of  comrades,  and 
claiming  no  superiority  over  the  enlisted  men  they  had  so  often 
led  to  victory.  By  its  creed  every  one  of  its  members  had 
promised  "to  assist  such  former  comrades  in  arms  as  needed 
help  and  protection,  and  to  extend  needful  aid  to  the  widows 
and  orphans  of  those  who  had  fallen."  This  promise  is  not  mere 
lip  service.  "By  their  fruits  shall  ye  know  them.*'  He  said,  in 
a  combat  of  words  with  Senator  Blackburn  of  Kentucky; 

I  felt  somewhat  fearful  when  T  heard  the  senator  from 
Kentucky  describe  in  his  graphic  way  the  position  of  this 
Grand  Army  of  the  Republic,  with  knapsacks  packed,  arms 
upon  their  shoulders  and  ready,  as  he  said,  for  the  field, 
and  saw  his  martial  air,  hold  front,  and  the  mounting  by 
him  of 

"barbed  steed 
To  frighl   the  souls  of  Eearful  adversaries," 

that  we  were  to  have  a  renewal  of  the  unpleasantness;  but 
a  moment's  consideration  satisfied  me  that  notwithstanding 
the   fierce   appearance    of    the    senator    from    Kentucky    we 


NEBRASKA    IN    THE    U.    S.    SENATE.  .*'>4!) 

had  nothing-  to  dread  upon  that  score.  I  think  we  all  know 
him  well  enough  to  know  that  the  language  used  by  him  on 
one  occasion  heretofore  was  heartily  meant,  that  he  "long* 
ago  sheathed  his  sword  in  the  friendship  of  the  men  who 
fought  against  him." 

In  reply  to  the  charge  of  having-  improperly  assailed  the 
President  of  the  United  States  he  responded: 

I  have  no  word  either  of  apology  or  explanation  for  any 
reference  that  I  have  made  to  the  President  of  the  United 
States.  I  made,  as  I  think  I  had  a  right  to  make,  comment 
and  criticism  upon  his  action  with  reference  to  the  veto 
of  the  pension  bill  of  last  session.  I  made,  as  I  think  I  had 
a  right  to  make,  even  under  the  strictest  construction  of 
parliamentary  rule,  reference  to  this  bill,  as  to  what  might 
be  its  probable  future  as  to  defeat  or  victory  by  reason  of 
the  experience  of  the  past. 

Later  on  in  the  same  first  session  of  the  50th  congress  the 
senator  took  part  with  Senator  Vest,  of  Missouri,  in  a  discus- 
sion of  the  causes  which  had  enabled  Chicago  to  control  so  large 
a  share  of  the  cattle  trade  of  the  great  Southwest,  at  the  ex- 
pense of  St.  Louis. 

In  this  debate  he  gave  evidence  of  a  very  thorough  knowledge 
of  the  production  of  the  beef-producing  region — the  causes  cir- 
cumscribing the  range  limits,  as  homesteading  and  pre-empting, 
— the  amount  handled  by  the  mammoth  packing  houses  of 
Armour,  Hammond,  Morris,  Swift  and  Libby  of  Chicago,  and 
with  prices  of  purchase  and  sale,  together  with  interest  Ne- 
braska has  in  feeding  her  surplus  corn  to  the  grass-fed  herds  of 
the  plains. 

Another  question  of  prime  importance  to  the  region  of  Ne- 
braska bordering  on  Colorado,  and  to  the  far  west  and  south- 
west was  that  of  irrigation.  He  had  seen  what  it  had  done  in 
Colorado,  Nevada,  New  Mexico  and  Arizona,  wherever  tried  on 
a  small  scale,  and  had  seen  the  alkali  plains  of  Humboldt 
Desert  "blossom  as  the  rose,"  as  the  result  of  being  placed 
"under  ditch."  Hoping  much  from  a  national  effort  at  reclama- 
tion, he  proffered  a  cordial  support  to  the  sisterhood  of  the 
barren  plains. 

Senator  Manderson  was  very  fortunate  in  being  a  member  of 


:!."ill  NEBRASKA    STATIC    HISTORICAL  SOCIETY. 

the  majority  party  in  the  senate,  which  made  it  possible  for 
him  to  be  the  constant  chairman  of  a  committee  and  a  member 
of  others  of  great  importance.  A  military  officer,  also,  that 
popular  branch  of  the  service  demanded  and  received  his  most 
enthusiastic  aid. 

The  end  of  his  first  senatorial  term  of  office  was  very  pleas- 
antly, politically  and  officially  closed  by  him  as  one  of  the  tel- 
lers in  joint  convention  of  Senate  and  House,  in  the  matter  of 
the  official  count  of  the  vote  for  President  and  Vice-President, 
for  the  constitutional  term  commencing  March  4th,  1889. 

Senator  Man derson  :  The  total  number  of  votes  cast  is 
401,  of  which  Benjamin  Harrison,  of  Indiana,  receives  for 
President  of  the  United  States  233,  Grover  Cleveland,  of 
New  York,  168;  and  of  which  Levi  P.  Morton,  of  New  York, 
receives  for  Vice-President  of  the  United  States,  233  votes; 
and  Allen  G.  Thurman,  of  Ohio,  168. 

During  the  term  of  six  years,  the  Congressional  Record  cred- 
its him  with  remarks  upon  sixty-eight  subjects  and  with  the 
presentation  of  nineteen  amendments,  thirty-three  motions  and 
resolutions,  one  hundred  and  ninety-two  bills  and  joint  resolu- 
tions and  two  hundred  and  nineteen  reports  from  committees. 

On  entering  upon  his  second  term  of  six  years,  December  3, 
1889,  possessing  not  only  experience  in  the  modes  and  forms, 
but  the  advantage  of  large  acquisitions  of  material  for  current 
work,  and  that  confidence  which  results  from  acquired  success, 
his  status  established  as  a  parliamentary  speaker,  there  was  no 
temptation  to  obscure  the  labors  of  the  committee  room  by  the 
glamor  of  the  forum.  And  hence  he  made  the  51st  congress  one 
of  intelligent,  painstaking  work;  officiating  at  the  funerals  of 
Senator  Beck,  of  Kentucky,  and  of  General  W.  T.  Sherman,  and 
in  the  capacity  of  visitor  to  the  West  Point  Military  Academy— 
and  from  the  committees  on  Territories,  Printing,  Indian  and 
Military  Affairs,  and  of  conferences,  presenting  191  reports, 
with  106  bills  and  joint  resolutions,  thirty-two  motions  and 
resolutions  and  many  amendments — and  having  acted  as  a  con- 
feree between  House  and  Senate  on  twenty-four  different  oc- 
casions. 


NEBRASKA  IN  THE  U.  S.  SENATE.  351 

Of  remarks  in  fifty-six  cases,  on  various  topics  and  of  various 
lengths,  no  case  involved  a  set  speech,  but  were  explanatory  of 
multifarious  questions. 

In  one  of  these  intellectual  bouts  with  a  western  senator,  who 
charged  that  it  was  an  inconsistency  for  a  protective  senator 
like  Mr.  Manderson  to  offer  an  amendment  in  behalf  of  "free 
white  pine/'  the  Nebraska  senator  made  a  courteous,  polished, 
but  damaging  reply. 

Me.  Manderson:  The  eloquent  voice  of  my  friend  from 
Wisconsin  (Mr.  Spooner)  has  not  been  heard  in  such  earnest 
and  forcible  appeals  upon  any  other  of  the  items  of  any 
of  the  schedules  of  this  bill,  but  it  is  not  to  his  discredit 
that  it  is  so.  He  appeals  eloquently  and  earnestly  for  a 
local  interest.  He  represents  one  of  the  great  timber  and 
lumber  producing  states  of  the  country  and  I  do  not  won- 
der that  he  seeks  by  every  effort  in  his  power  to  advance 
the  supposed  welfare  of  that  industry;  but  it  is  that  local 
interest  that  prompts  him  to  raise  his  voice,  just  as  it  is 
the  interest  of  my  own  locality  that  prompts  me  to  sug- 
gest this  amendment.  Mr.  President,  I  do  not  think  that 
the  senator  from  Wisconsin  has  outstripped  me  in  devo- 
tion to  this  protective  principle,  so  far  as  my  votes  upon 
this  bill  are  concerned.  I  do  not  believe  there  is  any 
state  in  the  Union  that  exceeds  in  devotion  to  the  general 
principles  of  protection,  under  which  the  whole  Nation 
has  prospered,  the  state  that  I  have  the  honor,  in  part,  to 
represent;  but  at  the  same  time  it  has  certain  desires  and 
wishes,  exactly  like  other  states,  based,  if  you  please,  upon 
pure  local  and  selfish  prejudice. 

When  a  proposition  was  pending  for  the  purchase  of  certain 
historical  collections,  subject  to  the  opinion  of  the  Librarian  of 
Congress,  that  they  were  authentic  history,  Mr.  Manderson 
volunteered  a  very  facetious  criticism: 

Mr.  President — We  are  told  that  this  is  a  work  of  fully 
one  hundred  volumes,  and  of  seven  or  eight  hundred  folio 
pages  in  each  volume,  made  up  of  the  character  of  his- 
torical material  which  is  mentioned  in  this  report.  I  am 
afraid  that  even  if  the  life  of  Mr.  Spofford  should  be  pro- 
longed to  that  old  age  to  which  we  all  wish  him,  he  could 
do  nothing  else  for  the  rest  of  his  life  but  read  these 
ponderous  tomes  and  would  die  before  he  was  well  into 
the  work.     If  this  marvelous  test  is  to  be  applied  to  all 


:;.")L:  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

# 
works   of   a   historical   character   proposed  to   be   bought  I 

am  afraid  we  shall  purchase  none  whatever  for  the  con- 
gressional library.  Take  all  the  great  historians,  even  our 
own  historians,  Prescott  and  Bancroft,  and  it'  their  works 
are  not  to  be  bought  provided  there  is  nothing  in  them 
but  authentic  history  by  the  judgment  of  one  expert  I 
am  afraid  they  would  all  be  ruled  out  and  none  be  pur- 
chased. Even  the  book  of  books,  the  Bible,  has  received 
most  severe  criticism  as  to  its  being  authentic  history, 
and  under  a  rule,  such  as  is  proposed  here,  we  could  hardly 
take  it  into  any  public  libraiw  of  the  country. 
I  think  it  is  Burns  who  said: 

"Some  books  are  lies  frae  end   to   end, 
And  some  great  lies  were  never  penned." 

And  you  will  find  that  in  every  historical  work  there 
can  be  found  chance  for  criticism,  and  unauthentic  state- 
ments claimed,  such  as  might  be  raised  against  this  pub- 
lication. It  would  defeat  the  object  of  the  bill  to  adopt 
any   such,  amendment. 

On  the  subject  of  distributing  half  a  million  dollars  among 
numerous  sectarian  Indian  schools,  so  one  should  not  overreach 
another,  his  words  were  brief  but  comprehensive,  condemnatory 
of  sectarian  aggressiveness,  and  a  slight  reminder  of  New  Eng- 
land's volunteer  sympathy  and  counsel  "at  long  range." 

I  do  not  believe  in  offering  with  one  hand  either  food 
or  civilization  to  the  Indian  and  with  the  other  attempt 
to  cram  into  him  sectarian  teachings.  There  has  been  an 
unseemly  spectacle  presented  in  this  whole  matter,  in  this 
unchristian  combat  and  competition  that  has  existed  among 
different  denominations,  for  the  purpose  of  getting  more  of 
the  amount  that  is  to  be  paid  to  these  sectarian  schools. 
It  might,  perhaps,  be  better  to  take  them  from  their  reser- 
vations, rent  houses  for  them  if  you  please,  in  the  Eastern 
Slates,  and  maintain  them  there  in  idleness,  and  let  their 
children  attend  the  common  schools  of  the  country,  i-ather 
than    pursue   the    present   policy. 

Bur  the  highesl  honor  the  Senate  can  bestow  upon  a  member, 
came  to  Senator  Manderson,  March  2d,  1891,  when  he  was 
elected  president  pro  tern,  of  that  body,  succeeding  John  J.  Tn- 
galls,  resigned. 

Entering  upon  the  duties  of  presiding  officer  of  the  senate  in 
the  absence  of  the  vice-president,  and  ambitious  to  wield  the 


NEBRASKA    IN    THE    U.    S.    SENATE.  353 

delicate  trust  accurately  and  satisfactorily,  he  still  fouud  time 
to  signalize  the  first  session  of  the  52d  Congress  with  a  record  of 
eighty-four  bills  and  joint  resolutions  introduced,  and  one  hun- 
dred and  nine  committee  reports,  with  the  presentation  of  nu- 
merous petitions  and  papers,  motions  and  resolutions  and  re- 
marks upon  more  than  forty  occasions. 

His  espousal  of  the  new  subject  of  National  Highways  and 
the  introduction  of  a  bill  in  that  behalf  was  accompanied  with 
the  subjoined  remarks: 

In  that  wonderful  progress  that  has  been  made  during 
the  existence  of  the  Kepublie  by  the  building  and  develop- 
ment of  railroads  and  the  growth  of  canals,  which  latter 
growth  has  received  some  stoppage  in  the  last  few  years, 
we  seem  to  have  lost  sight  of  the  necessity,  for  the  good 
of  the  body  politic,  that  good  roads  should  connect  the 
great  business  centers  of  this  country  and  connect  all  its 
parts.  We  are  now  entering  on  a  new  era,  so  far  as  the 
use  of  common  roads  is  concerned. 

History,  it  is  said,  repeats  itself;  and  I  have  no  question 
but  that  there  wall  be  a  repetition  of  very  ancient  history 
in  the  construction  ultimately  by  this  government  of  great 
highways  or  boulevards  that  shall  connect  metropolitan 
centers,  and  the  use  thereon  of  different  modern  vehicles. 
Take  the  wonderful  bicycle,  by  which  a  man  is  able  to 
outstrip  the  horse  and  make  an  average  over  the  common 
dirt  road  of  fifty  or  sixty  miles  a  day.  No  one  man  can 
foresee  what  will  be  the  final  development  of  that  excel- 
lent implement.  It  will  ultimately  become  the  carriage 
not  only  of  passengers,  but  of  light  freight. 

We  are  just  on  the  threshold  of  an  electrical  development, 
destined  I  think  to  revolutionize  conditions  of  travel.  By 
some  system  of  electric  accumulation  or  storage  batteries 
light  vehicles  will  be  propelled  at  it  wonderful  rate  of 
speed    over   these   highways. 

As  they  are  maintained  we  will  repeat  the  experiment  of 
the  early  days,  and  the  general  government,  by  liberal  aid 
to  states  or  municipalities,  or  perhaps  of  its  own  accord, 
and  with  an  expenditure  that  shall  be  wholly  federal,  will 
build    national   highways. 

I  do  not  believe  there  coidd  be  a  better  expenditure  of 
public  money  than  to  aid  the  states  in  the  construction  of 
a  great  model  highway  that  would  connect  the  City  of 
Washington  with  the  City  of  New  York,  passing  through 
the  cities  of  Baltimore  and  Philadelphia.  Every  farmer 
and  producer  along  the  road  would  be  infinitely  benefited. 
24 


354  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

When  the  question  of  opening  the  World's  Fair  at  Chicago 
on  Sunday  was  the  theme  of  surpassing  interest  and  excitement, 
Mr.  Manderson  placed  himself  squarely  upon  the  record: 

But  if  we  are  to  deal  with  this  question,  it  seems  to  me 
there  is  a  happy  medium  between  the  two  extremes.  I 
think  it  would  not  be  well  that  this  exposition  should  open 
its  gates  and  that  there  should  be  the  clangor  of  machinery 
and  all  the  disturbance  and  haste  on  Sunday  that  charac- 
terize other  days  of  the  week;  but  I  do  believe  that,  in 
the  interest  of  decency  and  good  order,  in  the  interest  of 
a  more  Christian  observance  of  Sunday  itself,  it  would  be 
well  that  some  portion  of  this  exposition  should  be  open. 

There  will  be  in  the  City  of  Chicago  upon  every  first  day 
of  the  week  hundreds  of  thousands  of  strangers.  Are  they 
to  be  turned  out  upon  the  streets?  The  churches  will  not 
be  able  to  hold  them,  although  Chicago  is  a  city  of  great 
churches.  Many,  perhaps,  will  not  desire  to  attend  church. 
What  are  they  to  do?  Every  enticing-  place  that  is  vicious 
in  its  tendency  will  be  open  to  them.  Such  places  within 
easy  reach  of  Chicago,  by  rail  or  by  steamboat,  will  be 
open  to  them.  I  think  it  wTould  be  infinitely  better  if  these 
people  should  be  admitted  to  those  grounds. 

Let  the  machinery  cease,  but  let  the  buildings  be  open 
for  the  inspection  of  visitors;  let  the  grounds  be  open  that 
those  people  may  gather  there,  if  they  see  fit  to  do  so, 
and  there  make  Christian  and  religious  observance  of  Sun- 
day. 

On  the  last  day  of  the  52nd  Congress,  March  4th,  1893,  the 
following  record  was  made  in  the  senate: 

THANKS   TO   THE    PRESIDENT    PRO   TEMPORE. 

Mr.  Gorman:  Mr.  President,  I  submit  a  resolution  which 
I  ask  may  be  at  once  considered,  and  I  trust  it  will  be 
adopted  unanimouslv.     I  ask  that  that  resolution  be  read. 

The  Vice-President:  The  Senator  from  Maryland  asl-cs 
for  the  present  consideration  of  a  resolution,  which  will 
be  read. 

The  resolution  was  read  and  unanimously  agreed  to,  as 
follows: 

Resolved,  That  the  thanks  of  the  Senate  are  due  and  are 
hereby  tendered  to  Hon.  Charles  F.  Manderson,  President 
pro  tempore  of  the  Senate,  for  the  uniformly  able,  courteous, 
and  impartial  manner  in  which  he  has  presided  over  its 
deliberations. 


NEBRASKA  IN  THE  U.  S.  SENATE.  355 

The  election  of  a  Democratic  President  of  the  Senate,  and  the 
Senate  and  the  control  of  the  body  having  passed  into  the  hands 
of  the  Democratic  party,  caused  Senator  Manderson  to  address 
(he  Senate  in  executive  session  March  22,  1893. 

RESIGNATION  OF  PRESIDENT  PRO  TEMPORE. 

Mb.  Manderson:  Mr.  President,  two  years  ago  there  came 
to  me  the  distinguished  honor  of  election  as  the  President 
pro  tempore  of  the  Senate.  No  suitable  time  has  seemed  to 
come  when  I  could  make  that  recognition  of  this  distinc- 
1ion  which  I  should  like  to  do,  and  I  desire  now  to  express 
my  deep  sense  of  obligation  and  my  very  hearty  thanks  to 
my  political  associates  on  this  side  of  the  chamber,  by 
whom  the  distinction  was  proposed,  and  at  the  same  time 
to  thank  very  heartily  those  of  opposing  politics,  who  made 
no  nomination  against  the  selection  of  the  republican  cau- 
cus. There  came,  therefore,  to  me  this  place  by  the  unan- 
imous vote  of  the  Senate  of  the  United  States.  I  thank  all 
from  the  depths  of  my  heart  for  this  distinction,  and  I 
further  want  to  express  my  obligation  for  that  forbearance 
on  the  part  of  all  which  has  enabled  me  when  I  have  been 
the  occupant  of  the  chair  to  administer,  I  hope  with  some 
satisfaction  to  the  Senate,  the  duties  that  devolved  upon 
me. 

Eecognizing  a  change  of  condition  and  perhaps  also  a 
change  of  theory,  I  now  tender  my  resignation  of  the  posi- 
tion to  the  Senate  and  ask  to  be  excused  from  further  duty 
in  that  regard. 

Mr.  Sherman:  I  move  that  the  resignation  of  the  hon- 
orable Senator  from  Nebraska  (Mr.  Manderson)  as  Presi- 
dent pro  tempore  of  the  Senate  be  received  and  accepted. 

The  motion  was  agreed  to. 

Mr.  Voorhees:  Mr.  President,  at  the  close  of  the  last  ses- 
sion the  Senator  from  Maryland  (Mr.  Gorman)  offered  a 
resolution,  which  was  unanimously  adopted  by  this  body, 
thanking  the  distinguished  Senator  from  Nebraska  (Mr. 
Manderson)  for  the  able,  courteous,  and  most  satisfactory 
manner  in  which  he  had  discharged  the  duties  of  the  high 
office  which  he  has  just  now  resigned.  There  the  matter 
might  rest;  but  it  has  been  sugg-ested  that  in  addition,  in 
taking-  leave  of  him  in  his  official  capacity  as  President 
pro  tempore  of  the  Senate,  we  express  on  this  side  our  thanks 
anew  and  our  best  wishes  for  him  in  every  relation  of  life 
hereafter.  The  relations  just  sundered  were  delightful.  He 
rendered  them  pleasant  to  us  all;  and  we  will  bear  them  in 
memory  as  long  as  we  remain  here  and  through  life. 


356  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

FIFTY-THIRD    CONGRESS. 

The  first  session  of  the  53d  congress,  being  a  special  one,  Au- 
gust 7,  1894,  found  Mr.  Manderson  active  as  ever,  with  the  multi- 
farious duties  of  ma uy  committees. 

During  the  first  regular  session,  in  which  the  Democratic  con- 
gress repealed  the  McKinley  tariff  bill,  and  passed  the  so-called 
^^'ilson  bill,  the  Senator  indulged  in  numerous  discussions,  es- 
pecially upon  points  involving  Nebraska  interests. 

Upon  the  sugar  beet  manufacture  he  delivered  a  speech  or 
treatise,  of  great  length,  including  the  culture  of  sugar  from  all 
other  sources — a  marvel  of  comprehensive  condensation.  In  it 
he  appeared  as  the  intelligent  farmer,  the  chemical  specialist, 
the  general  manufacturer,  the  historical  expert,  the  judicial 
critic  and  the  professor  of  finance. 

HIS  CREED. 

I  believe,  Mr.  President,  as  firmly  as  I  believe  in  my  own 
existence,  that  this  country  has  advanced  and  progressed 
to  its  present  enviable  position  among  the  nations  of  the 
earth  because  of  the  American  doctrine  of  protection.  It 
has  been  frequently  attacked,  but  never  in  a  more  subtle 
and  more  dangerous  way  than  in  the  bill  which  is  before 
us   for  consideration   and   action. 

REPRESENTATIVE   DUTY. 

1  vote,  Mr.  President,  here,  representing  a  prairie  State. 
not  only  for  protection  upon  beet  sugar  and  the  products 
of  the  farm,  but  I  vote  for  protection  to  the  loom,  to  the 
factory,  to  the  foundry,  to  the  lumberman,  to  the  miner. 
I  do  not  represent  standing  upon  this  floor  simply  a  part 
or  the  whole  of  the  State  of  Nebraska.  I  am  a  Senator  of 
1he  United  States,  and  whether  I  am  in  the  other  House  as 
a  Representative  or  here  as  a  Senator,  no  pent-up  Utica 
like  district  or  like  state  shall  contract  my  legislative  pow- 
ers.    [Manifestations  of  applause  in  the  galleries.] 

TARIFF    REFORM. 

There  set  sail  some  time  ago  a  ship  known  as  "Tariff 
Reform."  At  a  distance  she  was  fair  to  look  upon,  and 
"walked  the  water  like  a  thing  of  life."  but  closer  inspec- 
tion and  nearer  view  showed  the  suspicious  character  of 
the  craft.     Her  sharp  bow.  with  low  hull  and  sloping  masts. 


NEBRASKA  IX  THE  D.  S.  SENATE.  357 

raking-  aft,  and  rakish  appearance,  proclaimed  the  dread- 
ful traffic  in  which  she  was  engaged.  Her  destination  was 
the  port  of  free  trade;  her  cargo  was  concealed  under  her 
hatches.  American  interests  were  in  her  hold;  the  very  life 
of  American  manufacture  was  there;  the  best  interests  of 
the  farmer  and  almost  the  very  existence  of  the  laborer 
in  this  country  were  under  her  decks,  for  sale  abroad. 

Her  crew — T  will  not  say  "a  motley  crew,"  although  it 
seemed  to  be  composed  of  "many  men  of  many  minds" — 
were  constant ly  on  watch  for  fear  that  disaster  might 
come  to  them  by  reason  of  uprisings  in  the  hold  of  the  ship, 
but  the  hatches  were  battened  down.  In  the  lockers  of  her 
quartermaster  was  a  great  supply  of  bunting,  but  the 
favorite  flag  most  frequently  run  to  the  peak  was  the 
union  jack  of  Great  Britain;  not  the  American  flag,  al- 
though she  had  sailed  from  an  American  port  with  an 
American   manifest. 

When  under  full  sail,  and  apparently  about  to  reach  the 
port  of  free  trade  without  difficulty,  there  came  trouble 
among  the  crew,  a  kind  of  mutiny,  and  yet  a  strange  sort 
of  mutiny,  for  it  was  the  outbreak  of  those  who  had  become 
disgusted  with  the  traffic  upon  which  they  had  entered, 
with  the  mission  which  they  were  about  to  accomplish,  and 
rising  against  the  more  desperate  of  the  crew,  thejr  took 
partial  command  of  the  ship.  At  what  port  she  may  finally 
enter  who  can  tell? 

The  compiler  of  these  few  disjointed  extracts  regrets  that 
space  will  not  allow  a  satisfactory  presentation  of  the  results  of 
patient,  thorough  preparation. 

CONCLUSIOX. 

I  realize  that  speech  to  convince  men  in  this  body  is  a 
waste  of  time.  "Though  one  should  rise  from  the  dead 
ye  would  not  repent."  The  longer  I  stay  here  the  more  I 
am  convinced  that  speech,  except  for  home  consumption  or 
for  placing-  oneself  right  upon  record,  is  a  useless  labor. 
I  never  rise  here  to  address  the  Senate  without  feeling 
that  I  owe  an  apology  to  myself  for  doing  it.  But  for  this 
great  industry  I  have  made  this  long  appeal.  I  have  made 
it  earnestly  because  I  know  whereof  I  speak  when  I  say 
there  is  no  industry — I  believe  I  could  say  there  are  no 
half  dozen  industries  combined — so  important  for  the  well 
being  of  this  country  as  the  maintenance  of  the  production 
of   sugar. 


358  NEBRASKA   STATE   HISTORICAL   SOCIETY. 


NEBRASKA     PROGRESS. 

During  the  continuance  of  the  tariff  debate  he  closed  a  plea 
for  the  State's  manufactures  and  agricultural  products  with  a 
brilliant  record  of  progress: 

Mr.  President — The  State  of  Nebraska,  with  75,995  square 
miles,  has  an  acreage  of  47,077,359  acres.  Its  population  in 
1880  was  452,042,  and  in  1S90,  1,05S,910.  With  this  great,  this 
most  extraordinary  and  phenomenal  increase  in  popula- 
tion, there  was  an  increase  in  the  aggregate  of  its  debts 
and  on  all  except  the  State  debt.  With  a  State  debt  in 
1880  of  $439,799,  in  1S90  the  State  debt  was  reduced  to 
$253,879.  The  county  debt  in  1S80  was  $5,120,302.  and  in- 
creased  in    1S90   to   $5,510,175. 

The  municipal  debt  in  1880  was  $1,102,172,  and  because 
of  the  growth  incident  to  towns,  the  necessities  of  sew- 
erage, of  lighting,  of  street  improvements,  paving,  water, 
etc.,  increased  in  1890  to  $7,124,506,  an  increase  of  over 
$6,000,000  municipal  debt.  The  school  district  debt  in  1880 
was  $827,641,  and  increased  in  1890  to  $2,648,212,  an  increase 
of  nearly  $2,000,000,  making  an  increase  of  the  total  debt 
from  $7,489,974  in  1880  to  $15,536,772  in  1890.  And  yet,  with 
this  doubling  of  the  debt — State,  municipal,  county,  and 
school  district — the  per  capita  debt  in  1880  was  $16.56,  and 
the  per  capita  debt  in  1890  had  been  reduced  to  $14.67. 

The  assessed  valuation  of  property  in  Nebraska  in  1880 
was  $90,585,782,  and  in  1890,  by  the  census,  the  assessed 
valuation  had  increased  to  $184,770,305,  being  of  real  estate 
$115,181,167   and   of  personal   property   $60,589,13S. 

I  take  these  statements  from  the  statistics  for  1893. 
The  true  valuation  upon  all  real  estate  and  improvements 
was  $708,413,09S,  being  an  average  of  $14.41  per  acre,  of 
which  the   farm  lands   were   valued   at   $402,358,913   and   the  , 

personal  property  was  worth  $350,000,000  in  addition. 

1  will  now  give  a  most  extraordinary  statement  to  show 
how  farm  lands  have  increased  in  valuation  during  these 
ten  years.  The  number  of  farms  in  1880  was  63,387:  in 
1890,  113,608,  being  an  increase  of  79.2  per  cent.  The  value 
of  farms  in  18S0  was  $105,932,541;  in  1890  $402,358,913,  be- 
ing an  increase  in  the  ten  years  of  279.8  per  cent  in  the 
value  of  the  farms  of  the  State. 

The  number  of  tillable  acres  had  increased  from  9,944,826 
in  1SS0  to  21,593,444  in  1890,  being  an  increase  of  117.1  per 
cent.  The  total  valuation  at  conservative  estimates  of  the 
real  estate  and  personal  property  in  tfie  state  of  Nebraska 
by  the  census  of  l^O  was  $1.060,000,000 — a  very  good  show- 


NEBRASKA  IN  THE  V.    S.  SENATE.  359 

ing  for  a  population  of  1,250,000  or  thereabouts.  The  rail- 
road mileage  had  increased  from  705  miles  in  1870  to  1,953 
miles  in  1880;   5,407  in  1890;   5,524  in  1892. 

The  amount  of  the  exchanges  at  the  clearing  house  of 
principal  towns  of  a  State  is  a  pretty  good  index  of  its 
growth  and  of  fair  prosperity.  At  the  Omaha  clearing 
house  in  1887  the  clearings  were  $137,220,835;  in  1890,  $245,- 
062,456;  and  in  1893,  a  year  of  depression  the  country  over 
and  when  you  would  have  thought  there  would  have  been 
an  immense  decrease,  the  clearing  house  receipts  had  in- 
creased  to   $315,244,799. 

Another  very  good  index  as  to  prosperity  or  adversity 
for  the  year  1893  would  be  the  report  of  commercial  fail- 
ures, and  I  should  like  to  draw,  if  I  had  the  time,  a  com- 
parison between  the  State  of  Nebraska  and  many  of  the 
Eastern  States  as  to  commercial  failures.  In  1891,  there 
were  in  Nebraska  395  commercial  failures,  being  1.92  per 
cent  of  the  whole  number  of  business  firms,  the  liabilities 
being  $3,288,365.  In  1893.  when  you  would  suppose  there 
would  have  been  a  very  great  increase  of  failures  in  the 
State,  they  have  been  reduced  to  343  in  number,  being  1.68 
per  cent  of  the  whole  number  engaged  in  business,  with 
liabilities  reduced  to  $2,210,613. 

Mr.  President,  the  showing-  as  to  business  failures  is  a 
very  satisfactory  one  for  the  West.  I  refer  to  this  because 
I  think  the  West  has  been  very  greatly  misrepresented  and 
misunderstood  upon  this  floor  and  elsewhere.  Taking  the 
commercial  failures  of  the  year  1893,  in  the  Eastern  States 
the  failures  were  1.80  per  cent;  in  the  Middle  States,  1.15; 
in  the  Southern  States,  1.71;  in  the  Pacific  States,  2.27,  and 
in  the  Western  States  the  average  was  but  .95. 

To  show  how  deeply  we  are  interested  in  this  agri- 
cultural schedule,  I  desire  to  call  attention  to  the 
farm  products  and  the  increase  of  farm  products  in  the 
State.  In  1S80  there  was  planted  in  corn  1.919,600  acres; 
in  1S90,  3,072,800  acres;  in  1893,  6,241,226  acres;  the  pro- 
duction in  bushels  being  59,507,600  in  1880;  55,310.000 
bushels  in  1890,  and  157.278,895  bushels  in  1S93;  worth  in  1880 
$14,876,900;    in  1890.  $26,548,992,  and  in  1893,  $42,465,302. 

The  product  of  hay  in  1880  was  on  409,104  acres;  in  1893 
on  2,071,730  acres,  producing  in  1880.  564,564  tons  and  in 
1893.  2,589,633  tons,  being  an  increase  from  $2,03S.076  in  1880 
to  $12,611,659  in  1893. 

The  potato  crop  in  18S0  was  15,750  acres;  in  1S93.  112,853 
acres,  producing  in  18S0,  1,086,750  bushels,  and  in  1893,  4,965,- 
532  bushels,  being  an  increase  in  production  as  to  value 
from  $662,917  in  1880  to  $3,922,770  in  1893. 

The  production  of  wheat  has  fallen  off  from  1,520.315  acres 


:;i;fl  Nebraska  state  historical  society. 

in  1880  to  1,228,493  in  1893,  and  on  account  of  the  low  price 
of  that  commodity  in  1893  as  compared  with  1880,  the  pro- 
duction as  1o  value  was  $4,275,156  in  1893,  as  against  $9,433,- 
554  in  1880.  Corn,  as  to  Nebraska,  is  a  more  natural  crop 
than  wheat.  I  will  not  now  speak  of  the  production  of 
beet  sugar,  having  fully  discussed  that  question  a  few  days 
ago. 

The  State  has  increased  in  its  farm  animals  to  a  very 
enormous  extent — 30,511  horses  in  1870;  204,864  horses  in 
iss();  542,036  horses  in  1890.  worth  $37,787,194,  increased  to 
708,519  in  1893.  There  were  2,632  mules  in  1870,  19,999  in 
1880,  45,992  in  1890  and  46,939  in  1893. 

There  was  an  increase  in  oxen  from  50,988  in  1870,  and 
5-J7.363  in  1880,  to  1,306,372  in  1890,  and  1,613,223  in  1893. 

The  increase  in  the  number  of  milch  cows  has  been  28.940 
in  1870,  161,187  in  1880,  420,069  in  1890,  and  535,536  in  1894, 
worth  $10,501,861.  Sheep  have  increased  from  22,725  in  1870 
to  199,453  in  1880,  to  239,400  in  1S90,  and  to  277,952  in  1893. 
The  increase  in  the  number  of  swine  in  the  State  is  simply 
enormous.  In  1870.  59,449;  in  1880,  1,241,724;  in  1890,  2,309,- 
779,  and  in  1893,  by  these  statistics,  2,088,964,  worth  $16,811,981. 
I  have  computed  from  the  statistics  that  are  upon  my 
desk  the  value  of  the  output  of  Nebraska  in  farm  products 
alone  in  the  year  1893,  showing  nothing  of  the  result  of  the 
manufacturing  industries,  which  has  been  very  great  but  is 
not  pertinent  to  this  schedule  of  the  bill: 

Corn     $42,500,000 

Hay    12,600,000 

Potatoes    4,000.000 

Wheat    4,250,000 

Oats 5,300.000 

Rye  350,000 

Barley  285,000 

Buckwheat    110,000 

Honey    150,000 

Poultry     300,000 

Eggs 200,000 

Butter   4,200,000 

<  heese     50,000 

Milk    500,000 

Cattle,   swine,  sheep   and  horses 40,000,000 

Flaxseed,  sugar  broom  corn,  wool,  fruits, 
etc 10,000,000 

Total $124,795,000 

Making  nearly  $125,000,000,  which  is  a  most  conservative 
estimate.  I  really  think  the  products  of  the  State,  even  at 
the  low  prices  that  obtained  in  1893,  were  over  $150,000,000, 
rather    than    under   that    amount. 

Mr.  President,  this  astonishing  growth  is  one  that  we 
who    stand    up    for    Nebraska    look    upon    with    very    great 


NEBRASKA  IN  THE  U.  S.  SENATE.  361 

pride,  and  it  is  the  best  possible  response  that  can  be  made 
to  those  who  are  disposed  to  complain  over  existing  condi- 
tions and  predict  dire  calamity.  It  cannot  be  poured  out 
of  the   mouth   of  a  cornucopia. 

This  enormous  increase  in  population  and  in  material 
wealth  has  been  had  during-  the  years  that  we  have  lived 
under  the  present  American  system,  and  while  we  have  been 
in  advance  as  to  rate  of  growth  of  many  other  sections  of 
the  country,  it  should  be  a  most  gratifying  fact  to  every 
American  that  this  country  has  made  such  tremendous 
strides  during  the  years  that  it  has  existed  under  the  pro- 
tective acts  of  1861,  1883,  and  1890. 

Near  the  conclusion  of  the  53d  congress,  just  before  the  ter- 
mination of  his  second  official  term,  closing  twelve  full  years, 
Mr.  Manderson  went  upon  record  with  the  following  sentiments, 
in  the  spirit  of  peace  and  good  fellowship: 

1  know  that  on  the  battlefield  about  Chattanooga  and  at 
Shiloh  the  survivors  of  both  the  great  armies  have  met  for 
the  purpose  of  interchange  of  views.  On  the  6th  and  7th 
days  of  last  April  there  met  at  the  battlefield  of  Shiloh  or 
at  Pittsburg  Landing  prominent  officers  of  both  armies. 
They  explored  and  went  over  the  field  together.  It  was  a 
delightful  object  lesson  in  that  harmony  and  unity  of  feel- 
ing that  we  all  now  have  with  reference  to  matters  of  this 
hind. 

Those  great  armies  have  passed  away  except  those  who 
have  grown  gray  and  are  the  survivors  of  the  conflict,  and 
with  the  passing  of  the  years  the  animosities  that  were 
enkindled  by  the  war  have  disappeared.  We  who  fought  for 
the  Union  and  were  of  the  army  of  the  country  have  ever 
been  ready  to  recognize  the  valor  and  the  bravery  of  those 
who  fought  upon  the  other  side,  believing  just  as  earnestly 
and  sincerely  now  as  we  believed  over  a  quarter  of  a  cen- 
tury ago  that  we  were  right  and  they  were  wrong,  and  the 
tacts  of  history  have  justified  verjT  fully  our  conclusion  in 
this  regard. 


362  NEBRASKA    STATE    HISTORICAL   SOCIETY, 


SENATOR  W.  V.  ALLEN. 

March  4th,  1893— March  4th,  1899. 

William  Vincent  Allen,  of  Madison,  was  born  in  Midway. 
Madison  County,  Ohio,  January  28,  1847;  removed  with  his  step- 
father's family  to  Iowa  in  1857;  was  educated  in  the  common 
schools  of  Iowa  and  attended  the  upper  Iowa  University  at 
Fayette  for  a  time,  but  did  not  graduate;  was  a  private  soldier 
in  Company  G,  Thirty-second  Iowa  Volunteer  Infantry,  during, 
the  war  of  rebellion,  the  last  five  months  of  his  service  being  on 
the  staff  of  Gen.  J.  I.  Gilbert;  read  law  with  Hon.  L.  L.  Ains- 
worth,  at  West  Union,  Iowa,  and  was  admitted  to  the  bar  May 
31,  1869,  and  practiced  law  from  then  until  elected  Judge  of  the 
District  Court  of  the  Ninth  Judicial  District  of  Nebraska,  in 
the  fall  of  1891.  He  moved  from  Iowa  to  Nebraska  in  1884;  was 
married  May  2,  1870;  was  elected  United  States  Senator,  to  suc- 
ceed Algernon  Sidney  Paddock,  February  7,  1893,  for  the  full 
term  of  six  years,  commencing  March  4,  1893.  His  term  of 
service  expired  March  3,  1899. 

The  first  appearance  of  Senator  Allen  in  a  legislative  session 
was  in  the  extra  one  commencing  August  7,  1893,  convened  by 
order  of  President  Cleveland,  to  consider  and  relieve  the  country 
from  financial  panic. 

Having  been  a  resident  of  Nebraska  only  nine  years,  he  had 
yet  to  acquire  state  and  national  recognition  by  force  of  char- 
acter and  talent. 

('(tming  from  the  ranks  of  a  new  party,  which  had  equally  in- 
flicted political  injury  upon  each  of  the  old  ones,  the  pious  of  the 
leaders  drew  upon  their  Bible  treasures  for,  "What  will  this 
babbler  say?"  Rut  it  was  immediately  evident  that  he  came  not 
to  "sit  at  the  feet  of  Gamaliel,"  but  to  "tread  upon  his  toes,"  as 
indicated  in  his  first  speech,  August  23,  1893. 

Mil.  Ai. i.k.n:  I  deem  it  to  be  the  highest  duty  of  a  mem- 
ber of  this  chamber,  now  that  the  nation  is  confronted  with 
gloom  and  threatened  with  financial  and  industrial  ruin, 
to   lay  aside  all  partisan   tactics  and   prejudice   and   give  to 


NEBRASKA    IN    THE    U.    S.    SENATE.  363 

the  proper  solution  of  this  important  question  his  most 
enlightened  and  profound  judgment  and  fervent  devotion; 
and  I  must  confess  that  I  was  somewhat  surprised  and 
pained  on  the  second  day  of  this  session  to  witness  a  fruit- 
less and  partisan  discussion,  somewhat  acrimonious,  and  in 
my  judgment  entirely  unprovoked,  precipitated  upon  the 
Senate,  which  consumed  valuable  time  to  no  useful  purpose. 
When  witnessing  such  scenes  I  am  not  surprised  that  the 
American  people  are  losing  confidence,  if  they  have  not 
already  lost  it,  in  the  ability  and  purpose  of  congress  to 
legislate  in  their  interests. 

He  did  not  come  into  that  august  presence  to  apologize  for 
his  party  but  rather  to  utter  its  eulogy. 

Mr.  President,  I  am  an  humble  member  of  a  new  political 
party  that  has  recently  come  into  existence  and  public 
notice,  made  necessary  by  the  constant  drifting  of  the  Na- 
tion from  its  original  constitutional  moorings  into  the  shal- 
low and  treacherous  waters  of  unchecked  power.  The 
people — and  I  speak  of  the  masses — have  so  frequently  ap- 
pealed to  the  general  government  for  wise  and  humane 
monetary  legislation,  only  to  have  their  appeals  fall  on  deaf 
or  unsympathetic  ears,  that  it  became  necessary  as  a  mat- 
ter of  self-preservation  for  them  to  create  a  new  political 
party,  founded  upon  Jeffersonian  simplicity,  and  impera- 
tively demanding  a  return  of  the  Nation  to  first  principles 
of  government;  and  I  am  pleased  to  say  that  this  party, 
full  of  hope  and  confidence,  is  hourly  growing  in  numbers, 
in  courage,  intelligence,  and  discipline,  and  will,  sooner  or 
later,  force  the  two  old  parties  of*  the  Nation  into  admin- 
istering the  affairs  of  the  government  in  the  interest  of  the 
people,  or  into  political  disintegration  and  death. 

He  magnified  their  sagacity: 

The  People's  party  of  America,  while  taking  strong 
grounds  on  the  subject  of  national  taxation,  asserted  in  the 
most  positive  terms  that  the  crowning  question  of  this 
country  and  this  age  was  the  question  of  money;  and  in 
less  than  five  months  from  the  close  of  the  election  in 
November  last  the  Nation  was  confronted  with  an  indus- 
trial and  financial  depression  such  as  has  not  been  wit- 
nessed in  this  country  for  fifty  years,  if  indeed  its  equal  has- 
ever  been  known. 

To-day  the  Democratic  and  Republican  parties  are  brought 
face  to  face  with  a  condition  of  public  affairs  that  was  fore- 
told by  the  common  people  months  before  it  happened. 


364  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

Now  within  the  arena,  with  banner  bearing  the  motto,  "In  war 
enemies,  in  peace  friends,"  as  though  "to  the  manner  born,"  all 
comers  are  challenged  in  unequivocal  terms. 

Mr.  Presidenl — Is  the  President  correct  in  his  conclusion 
that  the  Sherman  act  is  the  cause  of  our  trouble?  In  my 
judgment,  Mr.  President,  the  Sherman  act  has  nothing  to 
do  in  the  slightest  degree  with  the  evil  that  confronts  us. 
Xo  one  has  become  frightened  at  the  ability  o'f  this  gov- 
ernment to  redeem  every  pledge  it  has  made,  as  fast  as  its 
pledges  shall  become  due. 

While  we  all  understand  that  the  purchasing  clause  of  the 
Sherman  act  is  a  miserable  makeshift,  resorted  to  and  en- 
acted to  avoid  the  blessing  of  the  free  and  unlimited  coin- 
age of  silver,  as  has  been  confessed  in  this  chamber,  yet  it 
is  wiser  by  far  to  retain  it  until  something  better  is  offered 
in  its  place,  than  to  surrender  to  an  enemy  who  has  been, 
constant  in  season  and  out  of  season  for  twenty  years  to 
strike  down  silver  and  deprive  the  people  of  one-half  of 
their  constitutional  money;  thus  increasing  in  enormous 
proportion  the  debts  of  the  people,  shrinking  the  value  of 
their  property  and  labor,  and  making  the  rich  richer  and 
the  poor  poorer. 

Sir.  the  Sherman  act  is  the  last  feeble  barrier  that  stands 
between  the  patriotic  and  industrious  masses  of  our  people 
and  that  horde  of  insolent,  aggressive  and  ravenous  money- 
changers and  gamblers  of  Lombard  street  and  Wall  street, 
who  for  private  gain  would,  through  a  shrinking  and  con- 
tracted volume  of  money,  turn  the  world  back  into  the 
gloom  of  the  Dark  Ages  with  all  its  attendant  evil  and 
misery.  We  cannot  suffer  this  to  be  done;  we  must  stand 
like  ;i  wall  of  fire  against  its  accomplishment, and  only  when 
the  measure  that  is  to  succeed  the  present  law  is  shown  to 
us  and  enacted  into  a  low  can  we  with  safety  repeal  the 
Sherman  act. 

Illustrative  of  the  promptness  with  which  Senator  Allen 
espoused  official  duties,  the  fact  is  that  on  the  ninth  day  of  the 
session  he  offered  an  amendment  to  a  bill,  providing  that  in 
terest  should  cease  upon  bonds  as  the  basis  of  bank  note  issues 
(lining  the  time  such  notes  were  in  possession  of  the  bond- 
holders, and  upon  request,  volunteered  a  few  explanatory  re- 
marks,  concluding: 

T  desire  to  say  that  a  majority  of  the  people  whom  I  rep- 
resent, I  will  say  nine-tenths  of  the  people  of  the  State  of 


NEBRASKA    IN    THE    U.    S.    SENATE.  365 

Nebraska,  are  unalterably  opposed  to  anything  which  looks 
like  a  perpetuation  of  the  national  banks.  The  time  has 
come  when  we  should  take  some  radical  steps  to  eliminate 
them  from  our  institutions,  and  it  occurs  to  me  that  this 
amendment,  and  especially  the  second  proviso  of  it,  if 
adopted,  would  give  the  country  warning  that  we  intend, 
as  soon  and  as  speedily  as  possible,  to  drive  out  of  existence 
the  national  banks  of  issue. 

He  was  neither  astonished  or  alarmed  at  an  exportation  of 
gold,  since  the  director  of  the  mint  stated  that  Austria  and 
other  European  governments  were  raising  the  rates  of  exchange 
in  order  to  enlarge  their- stock  of  gold;  and  especially  since  the 
International  Gold  Trust  had  forced  some  inferior  nations  to 
ii  gold  basis.     Said  he: 

Mr.  President,  of  late  we  have  heard  it  boldly  asserted 
here  and  elsewhere,  that  silver  is  not  the  money  of  the 
constitution;  and  from  the  expression  of  the  President  in 
his  message  that  "gold  and  silver  must  here  part  company," 
we  have  a  right  to  believe  that  he,  too,  entertains  this  view 
of  the  question.  I  must  confess  my  utter  astonishment  at 
this  assertion,  in  view  of  the  language  and  purpose  of  the 
constitution,  the  history  of  the  time  when  it  was  framed  and 
adopted  by  our  ancestors,  the  treatment  of  the  question 
by  congress  in  our  coinage  legislation,  the  voice  of  the 
judiciary  when  speaking  on  the  subject,  and  the  treatment 
of  the  matter  by  the  various  political  parties  in  their 
respective  platforms.  All  these,  when  impartially  consid- 
ered, demonstrate  that  silver  is,  and  ever  has  been,  the 
money  of  the  constitution,  and  it  cannot  now  be  abandoned 
by  congress  without  a  flagrant  and  inexcusable  refusal  on 
our  part  to.  in  good  faith,  enforce,  in  the  interest  of  the 
nation  at  large,  a  power  expressly  enjoined  upon  us  for 
the  general  welfare. 

In  behalf  of  silver  coinage  he  gave  the  history  of  Washing- 
ton's time — of  the  constitution — the  approving  opinion  by 
Webster — decisions  of  U.  S.  courts  and  friendly  legislation  for 
a,  term  of  81  years.  He  supplemented  this  with  many  resolu- 
tions of  Republican  and  Democratic  conventions,  both  state  and 
national.  And  finally  overwhelmed  Senator  McPherson  with  a 
deluge  of  authorities  to  the  following  effect: 

Intrinsic  value  of  a  thing  stamped  or  coined  has  nothing 
to  do  with  the  question  of  power.     Such  metals  so  stamped 


3G6  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

are  not  issued  or  put  in  circulation  on  the  faith  or  credit 
of  the  United  States  government,  no  pledges  are  made  to  re- 
deem them,  and  they  may  possess  little  or  no  intrinsic 
value:  yet  it  is  not  denied  that  such  pieces  of  metal  so 
stamped  or  coined  may  be  lawfully  issued  and  made  a  legal 
tender  and  thus  become  lawful  money  of  the  United  States. 

He  was  often  very  fortunate  in  giving  a  condensed  view  of 
arguments  and  statements,  in  a  few  well  chosen  words,  as  in 
the  case  of  "balance  of  trade": 

Mr.  President,  we  have  been  told  that  the  nation  in  whose 
favor  the  "balance  of  trade"  exists  at  the  close  of  the  trad- 
ing season  is  to  be  considered  the  most  fortunate  nation, 
and  that  we  must  so  order  the  affairs  of  this  country  as  to 
annually  obtain  this  balance  of  trade.  A  balance  of  trade 
is  only  a  national  blessing  when  it  represents  some  profit  to 
our  people.  If  it  is  bought  by  the  sale  of  our  products  far 
below  their  cost,  and  at  a  sacrifice  of  our  civilization,  it  is 
a  curse  rather  than  a  blessing.  Of  what  benefit  can  it  be 
to  the  people  of  this  country  if  they  should  obtain  the 
entire  stock  of  European  gold  by  a  sacrifice  of  their  prop- 
erty and  labor,  while  Europe  may  be  enjoying  their  products 
as  well  as  profits'?  If  the  balance  of  trade  is  to  be  pur- 
chased at  a  sacrifice,  we  have  only  to  indulge  in  such  luxury 
for  a  few  years  to  completely  pauperize  our  labor  and 
destroy  our  national  wealth.  It  would  be  better  for  our 
people,  better  for  our  aggregate  wealth,  if  the  balance  of 
trade  should  be  annually  against  us  than  to  purchase  it  at 
too  great  a  sacrifice. 

Also  in  reference  to  equality  or  parity: 

How  is  it  expected  to  institute  a  comparison  between  two 
unequal  things — two  things  that  are,  according  to  an  imper- 
ative law  of  nature,  considered  as  articles  of  commerce- 
traveling  in  opposite  directions?  Gold  daily  growing  more 
scarce  and  in  greater  demand  throughout  the  civilized 
world,  and  silver  crippled  by  being  denied  equal  coinage 
privileges  at  the  mints,  growing  more  plentiful,  with  les- 
sened money  \ise,  it  must  be  expected  that  their  commercial 
value  will  radically  differ.  But  put  both  metals  upon  an 
equality  before  the  law,  and  they  will  stand  equal  in  the 
commercial  and  monetary  world.  I  do  not  doubt  that  the 
very  moment  silver  is  permitted  free  access  at  the  mints 
its  price  will  go  up  throughout  the  civilized  world.  Only 
last  week  the  London  silver  market  advanced  in  anticipation 
of  the  action  of  congress  retaining  the  present  Sherman 
act. 


NEBRASKA    IN"    THE    U.    S.    SENATE.  367 

One  valuable  feature  of  the  speech  was  an  analysis  of  the  gold 
of  the  world,  showing  that  it  was  controlled  largely  by  European 
and  foreign  powers;  and  the  unavoidable  conclusion: 

We  have,  then,  one  of  three  remedies  open  to  us — 

First.  We  can  issue  bonds  and  pui'ehase  gold,  and  by  that 
means  saddle  uppn  the  industries  and  people  of  this  coun- 
try an  endless  national  debt;   or, 

Second.  We  can  resort  to  overexpanded  bank  credits  in 
the  future  as  we  have  been  doing-  in  the  past;   or, 

Third.  We  can  tap  the  silver  mines  of  the  Rocky  Moun- 
tains and  cause  to  flow  into  our  volume  of  currency  a 
stream  of  silver  equal  to  the  demands  of  our  people. 

Which  will  we  do? 

Mr.  President,  if  we  adopt  the  first  course  offered  to  us 
by  gold  monometalists.  we  have  no  assurance  that  the  gold 
which  we  purchase  and  put  in  the  treasury  to-morrow  will 
remain  there  twenty-four  hours.  The  same  means  by  which 
the  treasury  has  been  depleted  and  looted  in  the  past  of  its 
gold  may  be  resorted  to  in  the  future,  and  we  will  be  com- 
pelled to  issue  more  bonds  to  buy  more  gold,  and  by  this 
means  a  perpetual  national  debt  will  be  created  and  will 
rest  upon  our  people  for  years  to  come.  There  is  no  end — 
there  can  be  none — to  a  system  of  this  kind. 

If  we  resort,  on  the  other  hand,  to  bank  credits,  we  resort, 
in  my  judgment,  to  an  infinitely  worse  scheme.  I  am  not 
prepared,  so  far  as  I  am  concerned,  to  have  this  govern- 
ment abandon  the  constitutional  power  of  coining  and  con- 
trolling money.  The  power  to  coin  and  regulate  the  value 
of  money,  and  control  its  volume,  is  a  vital  sovereign  power 
devolved  by  the  constitution  on  congress.  I  am  not  pre- 
pared for  the  time  when  this  government  shall  abandon 
this  sovereign  power,  which  should  be  exercised  in  the  in- 
terest of  the  masses  of  the  people,  and  farm  it  out  to 
bankers,  brokers,  and  gamblers  in  stocks  and  bonds,  that 
they  may  tax  the  industries  and  energies  of  this  country 
ad  libitum. 

This  maiden  effort  was  prefaced  with  the  statement  that  he 
had,  in  part,  the  honor  of  representing  "nearly  one  million  and 
a  half  of  American  citizens"  though  he  feared  he  might  be 
charged  with  too  early  seeking  an  opportunity  to  be  heard  on 
the  floor  of  the  Senate. 

By  the  time  he  came  to  the  following  conclusion,  the  members 
were  fully  satisfied  that  they  "had  a  foeman  worthy  of  their 
steel": 


368  NEBRASKA    STATE    BISTORICAL   SOCIETY. 

Mr.  President  I  began  this  discussion  with  reluctance  an .! 
I  close  it  with  reluctance:  for.  scattered  over  the  gTeal 
plains  of  our  country,  in  its  woodlands,  on  its  mountain 
sides,  and  iti  its  valleys,  are  millions  of  our  countrymen  who 
are  suffering  ineffable  misery  in  consequence  of  this  unholy 
warfare  waged   upon   their  rights. 

Their  eyes  are  turned  toward  this  city,  and  they  are  now 
earnestly  looking  and  listening  for  the  decree  that  is  to 
go  forth  from  this  chamber,  enslaving  them  and  their  chil- 
dren for  generations  to  come,  or  that  is  to  strike  from  them 
the  chains  of  financial  bondage  and  set  them  free. 

if  we  act  wisely  and  patriotically,  and  give  to  the  people 
of  our  country  a  sufficient  volume  of  sound  and  scientific 
money  to  enable  them  to  set  all  the  energies  of  nature  and 
man  at  work  producing  wealth,  once  more  the  sunlight  of 
prosperity,  like  the  natural  sun  that  dispels  the  mist  and 
the  dew,  will  kiss  away  the  clouds  of  doubt  and  fear,  and  we 
will  witness*  an  era  of  prosperity  more  wonderful  than  the 
world  has  ever  known. 

On  the  13th  day  of  September  we  find  him  declaring  that 
senators  who  are  officers  or  stockholders  of  banks  should  nor 
vote  in  cases  where  pecuniary  interests  are  involved,  on  the 
principle  of  the  common  law,  excluding  judges  and  jurors  from 
action   in   cases  where  they  were  pecuniarily  interested. 

On  September  27th  his  speech  was  a  plea  for  deferring  action 
on  the  absorbing  question  of  "unlimited  coinage  of  silver'"  till 
the  States  of  Washington,  Wyoming  and  Montana  could  elect 
each  another  Senator: 

Here  is  a  question,  Mr.  President,  of  vital  importance  not 
alone  to  those  states  but  of  vital  importance  to  every  state 
in  this  Union.  The  evil  that  may  be  done  by  the  adoption 
of  the  measure  before  the  Senate  for  the  unconditional 
repeal  of  the  Sherman  act  cannot  be  measured  by  to-day 
nor  by  to-morrow,  and  it  cannot  be  measured  for  ages  to 
conic.  It  is  a  measure  that  ties  the  industrial  classes  of 
this  Nation  to  the  chariot  wheel  of  the  plutocrat  now  and 
hereafter.  It  is  a  measure  that  shrinks  one-half  of  the  value 
of  the  property  and  labor  of  this  country.  When  the  people 
of  the  great  mountain  states,  six  in  number,  and  three  ter- 
ritories, if  I  am  not  incorrectly  informed,  are  upon  the 
verge  of  starvation,  when  the  cry  of  (iod's  poor  for  some- 
thing to  eat  is  heard  in  a  land  of  plenty,  when  the  cry  of 
the   child   stung  by   hunger   is   to   be   heard    in    those  states. 


W.  V.  ALLEN. 


NEBRASKA    IX    THE    U.    S.    SENATE.  3fit> 

is  it  not  proper  that  the  Senate  of  the  United  States  should 
pause  for  a  sufficient  length  of  time  to  permit  three  of 
those  states  to  be  fully  represented  here? 

On  September  30th  lie  is  heard  on  the  subject  of  a  double 

standard: 

Mr.  Allen:  If  a  dollar,  of  whatever  material  it  be  com- 
posed, possesses  debt-paying-  qualities,  is  it  not  as  good  as 
every  other  dollar?  Would  it  not  be  as  wise  to  say  of  a 
watch,  composed  Of  steel,  brass  and  gold,  that  it  is  three 
watches  instead  of  one,  as  to  say  that  we  have  a  double  or 
different  standard  of  money? 

On  the  3rd  of  October,  when  there  was  a  disposition  to  deny 
certain  information  to  congress  he  proclaimed: 

That  except  in  mere  matters  of  diplomacy,  which  are  iQ 
charge  of  the  executive  branch  of  the  government,  the  legis- 
lative branch  is  entitled  to  all  information  essential  to  assist 
it  in  the  discharge  of  its  duty  upon  a  resolution  or  request, 
not  merely  that  it  may  have  it  in  the  grace  of  another  de- 
partment, but  that  it  has  a  constitutional  right  to  it,  with- 
out any  equivocation  on  the  part  of  the  other  branch  of 
the  government? 

October  4th,  on  the  subject  of  contraction  he  said: 

I  wish  to  call  attention  to  the  fact  that  in  1S66  the  govern- 
ment commenced  the  process  of  contracting  its  currency, 
and  before  1S73  it  had  called-  in  over  $600,000,000  of  its  paper 
money  and  destroyed  it. 

October  11th,  on  the  subject  of  majority  rule  he  was  very 
explicit: 

Mr.  President — It  is  quite  true  that  a  majority  have  a 
right  to  rule  in  this  country,  but  they  have  a  right  to  rule 
only  when  the  minority  have  expressed  their  opinion  accord- 
ing to  legal  methods  and  in  accordance  with  .the  constitu- 
tion or  the  statutes  creating  and  g-iving  power  to  the 
minority  to  express  themselves.  Nothing  is  better  settled 
in  this  country  (and  I  diverge  at  this  point  for  a  moment) 
than  that  this  is  a  government  of  laws,  not  of  men;  and 
whenever  the  constitution  gives  a  minority  the  right  to  con- 
test the  ground  occupied  by  a  majority  and  eventually  bring 
them  to  their  senses,  if  they  have  lost  their  senses  upon 
any  public  question,  the  minority  have  a  right  to  do  that 
without  being  charged  with  being  filibusters  or  obstruct- 
ing the  orderly  conduct  of  the  government. 
25 


370  nebraska  state  historical  society. 

Prelude  to  Speech  of  October  7,  11  and  12. 

The  real  question  at  issue  was,  Shall  an  act  be  passed  denying 
the  right  of  the  government  to  further  purchase  silver  for 
coinage,  without  restoring  to  the  people  the  right  of  "unlimited 
coinage,''  which  they  had  possessed  for  81  years  prior  to  1873? 

Half  the  Democrats  of  the  Senate,  with  a  majority  of  the 
Kepublicans,  making  a  small  majority  of  the  whole  body,  were 
willing  to  repeal  the  purchasing  clause  of  the  Sherman  act  of 
1890,  without  restoring  "free  coinage,"  while  the  balance  of  the 
Democrats,  with  a  minority  of  Republicans  and  the  four  Popu- 
lists, were  willing  to  repeal  the  act,  and  in  the  same  bill  restore 
the  "unlimited  coinage  of  silver." 

In  behalf  of  the  last  proposition  Senator  Allen  delivered  the 
introduction  of  his  astonishing  speech  October  7th,  and  on  the 
11th  commenced  again  and  continued  it  from  5  p.  m.  to  8  a.  m., 
October  12th — fifteen  hours. 

The  supposed  majority  could  not  stop  debate,  because  the 
Senate  had  no  rule  allowing  a  call  of  the  previous  question.  So 
they  determined  to  keep  the  Senate  in  perpetual  session  till, 
overcome  for  want  of  sleep  and  rest,  the  silver  advocates  should 
submit  to  a  final  vote. 

They  further  determined  that  they  should  not  transact  any 
other  business  during  the  time  they  were  exhausting  their  en- 
ergies, and  hence  refused  to  adjourn  the  Senate  for  two  weeks 
but  used  a  recess  to  carry  them  over  from  day  to  day. 

So  when  the  chaplain  opened  the  Senate  with  prayer  October 
1st,  they  dismissed  him  for  the  time  being,  as  that  day  was  to 
last  till  they  could  force  a  vote. 

Of  this  parliamentary  strategy  Mr.  Allen  spoke  as  follows: 

Mr.  President — Another  singular  thing-  is  that  there  has 
not  been  a  legislative  day  since  ten  days  ago.  One  week 
ago  last  Tuesday  we  started  upon  a  legislative  day  and  we 
are  continuing  that  day  now. 

It  has  been  a  time-honored  custom — whether  it  is  a  rule 
or  not  I  do  not  know — -that  the  proceedings  of  this  body 
should  be  opened  by  prayer.  There  has  not  been  a  prayer 
offered  in  this  chamber  in  ten  days.  I  desire  to  say,  Mr. 
President,  that  in  my  judgment  it  was  fitting  that  this  Sen- 


NEBRASKA    IN    THE    U.    S.    SENATE.  371 

ate  should  cease  listening-  to  prayers  at  the  time  it  did  and 
when  it  started  into  the  accomplishment  of  this  most 
iniquitous  of  all  legislation  in  our  national  history;  and  I 
suppose  after  a  time,  when  this  unconditional  repealing  act 
takes  place  and  gold  is  set  up  as  the  single  standard  and 
the  sole  god  of  some,  the  men  of  Wall  Street  and  Lombard 
Street,  whose  sympathizers  are  here  and  elsewhere  outside 
of  this  chamber,  will  come  together  and  sing  that  good  old 
song — 

"Nearer,  my  God,  to  Thee, 
Nearer  to  Thee," 

for  gold  is  their  god.  Not  only  so,  but  in  consequence  of 
not  having  another  legislative  day,  this  government  is  put 
at  the  absolute  mercy  of  one  man.  It  is  a  complete  revo- 
lution of  our  government.  It  takes  here,  for  instance, 
unanimous  consent  for  the  last  ten  days  to  get  a  measure, 
however  important  it  may  be,  before  this  body.  Suppose 
something  should  occur  requiring  our  instant  attention,  it 
would  require  the  unanimous  consent  of  Senators  here  to 
enable  us  to  consider  it.  There  is  a  complete  change  in  the 
organization.  The  right  of  petition,  held  sacred  under  our 
constitution,  regarded  as  sacred  by  every  citizen  of  this 
land,  is  cut  off  here  in  consequence  of  this  continuous  ses- 
sion. Every  safeguard  guaranteed  to  the  people  of  this 
country  by  the  constitution  must  be  abandoned  or  imper- 
iled for  the  instant  accomplishment  of  this  infamous 
scheme.  This  is  something  that  in  my  judgment  ought  not 
to  exist  in  a  legislative  body  of  the  dignity  and  responsi- 
bility of  this. 

During  the  night  sessions  the  majority  learned  that  "chickens 
come  home  to  roost,''  for  silver  party  advocates  decided  that  a 
quorum  of  the  Senate  should  be  present  at  all  times,  and  as 
often  as  the  repealers  betook  themselves  to  cots  and  lounges  in 
the  cloak  rooms  for  slumber,  a  call  of  the  Senate  was  ordered, 
and  thev  had  to  return  and  answer  to  their  names. 

At  8  o'clock  on  the  morning  of  the  12th  the  majority  saw  their 
theory  of  wearing  out  Silver  Senators  completely  exploded  by 
the    "bright  and  early1'  Senator  from  Nebraska. 

Mr.  Allen:  Mr.  President — There  are  many  other  inter- 
esting features  of  this  question  which  I  have  failed  to  dis- 
cuss, yet  I  think  a  sense  of  duty  to  other  Senators,  who 
have  not  yet  had  an  opportunity  to  speak  upon  this  ques- 
tion, requires  that  I  should  give  waj'  this  morning  to  Sena- 
tors who  are  prepared  and  who  are  desirous  of  being  heard. 


:>72  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

I  shall  lake  occasion  hereafter,  if  the  opportunity  offers 
itself,  to  submit  some  observations  upon  some  important 
branches  of  litis  very  important    question   which  I  have   not 

vet    discussed. 

During  the  delivery  of  the  speech  twenty-two  Senators,  by 
the  courtesy  of  the  speaker,  entered  the  list  with  questions  and 
replies  until  they  consumed  half  his  time  with  pertinent,  im- 
pertinent and  irrelevant  issues. 

Mr.  Allen  sustained  his  positions  with  extracts  from  twenty- 
four  accredited  authors  upon  financial  and  economic  questions, 
showing  great  and  patient  research. 

His  time  was  broken  in  upon  by  about  a  dozen  roll  calls.  In- 
tending to  be  courteous  and  fair  in  all  things,  but  pertinaciously 
beset  by  Senators  of  both  the  old  parties,  a  reformer's  aggres- 
siveness and  tact  stood  him  in  good  demand,  and  evinced  a  will- 
ingness to  select  his  own  weapons  and  stand  by  his  colors. 

TART    AND    POINTED. 

In  reply  to  Mr.  White  of  Louisiana  he  said:  "Mr.  President, 
I  do  not  propose  to  stand  here  and  answer  such  questions  as 
are  put  to  me  by  the  Senator  from  Louisiana.  The  Senator  from 
Nebraska  will  pursue  his  own  course  in  this  debate." 

To  Mr.  Squire:  "I  do  not  think  I  will  permit  the  Senator  from 
Washington  to  inject  anything  into  my  speech." 

To  Mr.  Hoar:  "I  do  not  know  what  the  Senator  from  Massa- 
chusetts means,  whether  he  means  to  insult  me.  I  do  not  think 
that  his  question  calls  for  an  answer." 

To  Mr.  Gallinger:  "I  do  not  care  anything  about  what  the 
Senator  from  New  Hampshire  believes.  He  should  be  more 
careful  of  his  language.  The  Senator  from  Nebraska  under- 
stands the  ordinary  English  language  and  its  use." 

To  Mr.  Palmer:  "Several  Senators  have  attempted  to  make 
me  assault  my  own  state.  It  is  not  only  disagreeable,  but  it  is 
not  true." 

Mr.  Allen  having  called  Senator  Palmer  to  order,  for  charging 
him  with  speaking  against  time,  said,  "I  will  not  suffer  an  im- 
putation of  that  kind  to  be  made  without  a  denial." 


NEBRASKA  IN  THE  TJ.  S.  SENATE.  373 

Mr.  Palmer:  The  Senator  will  deny  if  he  chooses.  I  have 
expressed  the  belief  that  no  mortal  nian  who  intends  simply 
to  instruct  can  speak  twelve  or  fourteen  hours. 

Mr.  Allex:  I  am  not  here  with  a  brass  collar  around  my 
neck  as  some  other  Senators  are  in  this  chamber.  I  am  not 
here  to  do  the  bidding-  of  some  man  who  puts  chains  upon 
my  neck  and  tells  me  what  to  do. 

Long  as  this  prelude  is,  it  only  gives  a  mere  glimpse  at  the 
concomitants  of  a  speech  of  national  fame. 

INTRODUCTION. 

Mr.  Allen  said: 

Mr.  President — The  first  time  I  appeared  in  the  Senate  I 
felt  as  though  I  ought  to  apologize  for  doing  so.  The  first 
time  I  had  occasion  to  submit  some  observations  upon  the 
measure  now  under  consideration  I  felt  that  I  was  under 
an  obligation  to  apologize  to  the  Senate  for  doing  so  and 
for  breaking  what  I  understand  is  an  unwritten  rule  which 
has  been  in  force  in  this  body  for  many  years,  that  a  new 
member  shall  listen  rather  than  talk.  I  presume  if  any 
apology  is  due  from  me  to-day  it  is  not  to  the  Senate  or 
the  United  States,  but  to  Wall  Street  and  Lombard  Street 
for  delaying  somewhat  the  passage  of  the  measure  now 
before  the  Senate. 

I  have  no  desire.  Mr.  President,  to  consume  unnecessary 
time. 

Mr.  Stewart:  Will  the  Senator  from  Nebraska  yield  that 
I  may  suggest  the  want  of  a  quorum? 

Mr.  Allex:     Xo.  I  do  not  care  for  a  quorum. 

Mr.  Stewart:  All  right:  but  I  think  Senators  would  learn 
something  if  they  would  come  here. 

Mr.  Allex:  I  will  make  them  hear  me  whether  they  are 
here  or  not. 

Proceeding  at   once  to   grapple   with    what    he  denominated 
political  fallacies,  he  announced  as  the  first: 

THE    FALLACY    OF    INTRINSIC    VALUE. 

Mr.  President — Our  friends  upon  the  other  side  have 
taught  many  political  heresies,  and  one  of  the  heresies 
taught  by  them  in  this  discussion  has  been  the  chief  of 
heresies,  intrinsic  value.  My  friend,  the  Senator  from  Ore- 
gon (Mr.  Dolph),  on  two  separate  days  sent  out  for  a  dic- 
tionary, had  it  brought  in  here,  and  read  it  to  us  to  show 
that  there  was  such  a  thing  as  intrinsic  value  in  money. 


374  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

What  is  meant  by  intrinsic  value?  The  advocate  of  the 
gold  standard  tells  us  that  intrinsic  value  is  that  commer- 
cial value  which  resides  in  the  money,  thing  or  metal,  and 
that  there  must  be  a  correspondence  between  that  thing 
and  the  coin  value  or  the  money  is  fiat  money,  and  there- 
fore unsound. 

The  material  of  which  money  is  coined  or  on  which  it  is 
stamped  is  withdrawn  from  the  field  of  commerce  when 
being  used  as  money.  It  is  as  dead  in  its  effect  upon  the 
commercial  value  of  the  class  of  articles  to  which  it  belongs 
as  though  it  were  in  the  bowels  of  the  earth  or  in  the  bot- 
tom of  the  ocean;  it  is  taken  out  of  circulation  as  an 
•  article  of  commerce,  and  is  used  exclusively  as  a  medium 
of  exchange,  performing  the  money  function  and  losing  its 
place  as  an  article   of  commerce. 

Works  on  political  economy  of  recent  date  are  discarding 
this  doctrine  of  intrinsic  value  in  money.  It  is  the  function, 
the  office  performed  by  the  thing  called  money,  which  gives 
it  its  money  value.  It  is  the  volume,  the  number  of  units 
in  circulation,  and  which  are  exchanged  against  all  other 
things,  which  gives  money  its  proper  power  and  its  proper 
money  value.  There  is  no  more  necessity  for  a  dollar's 
being  made  of  gold,  or  silver,  for  that  matter,  than  there 
is  for  a  yardstick  to  be  made  of  ivory  or  gold.  You  might 
as  well  say  that  by  measuring  a  yard  of  cloth  with  a  yard- 
stick made  of  gold,  you  would  give  the  cloth  measured 
more  value  than  it  would  have  if  it  were  measured  with  a 
yardstick  of  wood  or  some  other  inferior  material.  The 
wealth  resides  in  the  articles  which  are  exchanged,  and  not 
in  the  money  which  effects  the  exchange. 

SECOND    FALLACY. 

That  a  gold  standard  would  not  produce  contraction. 

Mr.  President — Suppose  in  this  country  a  law  were  passed 
prohibiting  the  consumption  of  one  class  of  meat  products, 
does  not  every  citizen  know  that  the  prices  of  other  classes 
which  were  not  prohibited  would  be  doubled  in  value? 
The  demand  would  be  doubled  for  them,  and  that  is  what 
increases  prices.  If  the  government  should,  for  instance, 
strike  down  wheat,  if  it  should  be  decreed  that  the  people 
should  not  eat  wheat  bread,  would  it  not  create  a  greater 
demand  for  corn,  oats,  and  other  kindred  products?  It  cer- 
tainly would,  because  the  functions  performed  by  wheat 
would  be  transferred  to  other  products.  So  it  is  with  silver. 
Whenever  the  government  strikes  down  silver,  and  says  that 
it  shall  not  be  used  for  money  purposes,  and  puts  the  entire 


NEBRASKA    IN    THE    U.    S.    SENATE.  375 

basis  of  the  currency  upon  gold,  that  increases  the  value 
of  gold  and  gives  it  a  greater  purchasing  power  than  it 
would  otherwise  possess.     That  is  contraction. 

THIRD  FALLACY OVERPRODUCTION. 

But  one  of  the  principal  arguments  used  against  the  use 
of  silver  is  what  my  distinguished  friend  from  Illinois  (Mr. 
Palmer)  lamented  awhile  ago  as  overproduction.  It  is 
claimed,  and  claimed  seriously,  that  silver  is  being  produced 
in  such  great  quantities  as  to  cause  an  overproduction  of 
the  metal,  and  that  the  fall  in  the  bullion  price  of  the  metal 
is  caused  thereby.  Therefore  my  friend  from  New  Jersey 
(Mr.  McPherson)  says  the  parity  cannot  be  maintained. 
Why  there  is  overproduction  we  are  not  told.  Never  was 
there  a  ranker  fallacy  promulgated  upon  the  face  of  the 
earth  than  this  doctrine  of  overproduction.  There  is  not 
a  respectable  political  economist,  from  the  days  of  the 
senior  Mill  to  the  present  moment,  that  has  taught  it.  It 
is  simply  one  of  those  fallacies  that  we  find  constantly 
urged  from  the  stump,  that  we  find  constantly  advocated 
by  a  certain  class  of  newspapers,  the  effect  of  which  is  to 
mislead  the  people. 

Eight  here,  Mr.  President,  let  me  say  that  gentlemen  who 
advocated  this  doctrine  of  overproduction  never  seem  to 
think  of  the  fact  that  in  this  land  of  plenty,  where  over- 
production exists,  as  they  claim,  want  is  constantly  increas- 
ing; and  that  there  are  hungry  men,  hungry  women,  and 
hungry  children  in  a  country  where  prices  are  falling,  as 
they  claim,  in  consequence  of  overproduction. 

It  is  under  consumption  and  the  lack  of  means  of  distri- 
bution, one  principal  element  of  which  is  money,  that  pro- 
duce   local    and    temporary   congested   conditions    in    trade. 

And  it  is  characterized  as  a  fallacy  here  and  throughout 
these  works  [Reading]. 

It  is  perpetually  reappearing  in  different  forms,  among 
which  may  be  here  specified  the  belief  that  our  colonies 
are  useful  because  they  provide  a  market  for  our  exports. 

When  the  people  of  this  country,  the  farmers  and  labor- 
ers, and  what  I  may  properly  term  the  great  masses  of  the 
common  people,  feel  the  effects  of  this  system  of  contracted 
money,  they  are  told  that  their  misfortune  is  due  to  over- 
production; that  they  produce  too  much,  that  God  is  too 
bountiful,  that  the  people  suffer  too  much  corn,  wheat  and 
oats  to  grow,  and  produce  too  much  food.  Therefore,  in 
.1  land  of  plenty,  in  consequence  of  there  being  too  much, 
there  must  be  starvation  and  hunger  as  a  result.  In  con- 
sequence of  too  much,  laboring  men  must  be  poor. 


376  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

FOURTH    FALLACY BALANCE    OF    TRADE. 

Mr.  Aixen:  Another  of  the  fallacies  taught,  in  my  judg 
ment,  in  this  discussion  is  the  fallacy  of  the  balance  of 
trade.  I  do  not  mean  to  say  that  the  balance  of  trade  is 
not  desirable  under  certain  circumstances,  but  I  do  mean 
to  say  that  a  balance  of  trade  in  and  of  itself,  bought  by 
a  sacrifice  of  the  property  and  labor  of  the  people,  is  a 
curse  rather  than  a  blessing.  Too  long  the  people  of  this 
country  have  been  told  that  a  favorable  balance  of  trade 
was  per  se  evidence  of  prosperity.  Suppose  that  every  gold 
dollar  upon  the  face  of  the  earth  was  bought  by  this  Nation 
at  the  sacrifice  of  the  price  of  our  labor  and  our  property, 
would  that  be  any  evidence  that  we  were  a  prosperous 
nation  under  those  circumstances? 

It  is  only  when  a  balance  of  trade  represents  some  profit 
to  a  nation  that  it  is  a  favorable  balance  of  trade;  it  is  only 
when  it  represents  some  profit  to  its  people  that  it  is  desir- 
able. If  it  is  bought  at  too  great  a  sacrifice,  if  civilization 
itself  has  to  be  impaired,  if  labor  has  to  be  debased,  if  we 
are  to  be  brought  down  to  the  conditions  prevailing  in 
Europe,  then  we  do  not  desire  to  pay  the  price  for  the 
balance  of  trade  in  gold  dollars. 

FIFTH    FALLACY NATURAL    PARITY. 

I  ask  any  Senator  in  this  chamber  when  he  talks  about 
maintaining  a  natural  parity  between  gold  and  silver,  is 
it  possible?  Certainly  not.  If  there  was  a  natural  law  of 
equality  between  the  two  metals,  would  not  one  grain  of 
the  metal,  silver,  be  worth  as  much  as  a  grain  of  gold?  If 
there  was  a  natural  parity  existing',  would  not  that  be  true? 

The  relation  of  gold  and  silver,  like  the  relations  of  any 
other  articles,  must  be  controlled  by  the  law  of  supply 
and  demand. 

As  long  as  Senators  talk  about  the  commercial  value  in 
the  money  metal  or  the  money  thing,  there  can  be  no  such 
thing  as  a  parity  between  gold  and  silver,  because  today  the 
demand  puts  the  price  of  one  up  and  the  price  of  the  other 
down,  when  to-morrow,  next  wreek,  next  month  or  next 
year  the  conditions  may  be  entirely  different,  and  the  metal 
that  occupies  one  position  to-day  may  be  absolutely  re- 
versed then.  That  is  simply  following  the  supreme  law  of 
supply  and  demand.  So  it  is  mere  nonsense  to  talk  about 
maintaining  the  parity  when  a  natural  parity  does  not  exist. 

But  if  you  can  establish  and  maintain  a  parity  when  you 
leave  the  fallacy  of  intrinsic  value,  then  you  come  to  the 
sensible  basis,  the  basis  which  controls  this  matter;    when 


NEBRASKA    IN    THE    U.    S.    SENATE.  377 

.you  declare  by  statute  that  so  many  grains  of  silver  shall 
have  the  force  of  money  as  compared  with  a  grain  of  gold, 
when  the  power  of  the  law  behind  that  makes  it  perform 
the  office  of  money,  gives  it  full  legal  tender  and  debt-pay- 
ing power,  and  establishes  a  law  of  equality  between  the 
two  metals  while  being  used  as  monej'.  That  is  the  real 
parity,  and  the  only  parity  that  can  either  be  created  or 
maintained. 

3JIXTH    FALLACY SHERMAN    LAW   THE   CAUSE    OF   PRESENT    TROUBLE, 

Mr.  President — It  is  true  that  every  dollar  of  gold  that 
left  these  shores  during  the  last  few  months  has  returned, 
except  about  $16,000,000,  and  that  will  return  if  these  men 
who  control  the  money  market  will  permit  it  to  return.  So 
that  if  its  departure  was  due  in  any  measure  to  the  Sher- 
man act,  then  with  equal  propriety  we  may  say  that  its 
return  is  due   to   the  same  act. 

Gold  will  shift  from  America  to  England,  back  and  forth, 
according  to  the  demand  for  gold  itself,  wherever  the  rate 
of  interest  is  the  highest.  If  there  is  a  greater  demand  for 
it  in  England  than  there  is  here,  it  will  go  there.  Like  every- 
thing else,  whenever  the  demand  is  greater  for  it  here 
than  it  is  in  Great  Britain,  when  it  is  worth  more  here,  it 
~will  come  here.  So  we  are  engaged  in  the  enterprise  of  put- 
ting the  gold  of  the  world  upon  an  auction  block  and  enter- 
ing upon  a  wild,  nay,  a  senseless,  bidding  for  the  possession 
»of  gold,  sacrificing  our  property  and  sacrificing  the  pros- 
perity of  our  people  in  a  senseless  race  of  that  kind. 

SEVENTH    FALLACY DISHONEST    MONEY. 

We  have  been  told  repeatedly,  and  are  daily  told,  that 
there  is  such  a  thing  as  sound  money  in  the  country  and 
such  a  thing  as  dishonest  money. 

Mr.  President,  there  is  not  a  dollar  in  this  nation,  with 
full  legal  tender  qualities,  from  its  origin  to  this  moment, 
"that  was  not  an  honest  dollar  and  worth  as  much  as  any 
other  dollar.  It  is  only  because  the  volume  of  gold  is 
scarce;  because  it  is  in  the  grasp  of  the  Shylocks,  because 
they  control  it  and,  through  it,  control  the  destinies  and 
the  progress  of  the  peoples  of  the  Earth  that  we  hear  so 
much  about  the  necessity  of  sound  money — of  honest 
money.  This  very  heresy  of  intrinsic  value  is  one  of  the 
things  that  has  been  seized  upon  to  deceive  and  mislead  the 
"people,  thus  permitting  a  gang  of  aggressive  money-chang- 
ers to  control  the  destinies  of  the  people  through  a  limited 
-volume  of  money,  through  the  control  of  gold. 


378  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

I  repeat,  sir,  during  the  interesting  discussion  in  this  cham- 
ber, extending  now  over  sixty  days,  no  Senator  has  offered 
a  reason  (if  he  has  I  have  not  heard  it)  why  any  special 
commercial  value  should  reside  in  silver  or  gold  or  paper 
used  as  money. 

MONEY    POWER. 

Now,  what  is  the  money  power?  The  expression  has  been 
used  here  a  great  many  times.  It  has  been  used  by  myself, 
and  it  has  been  used  by  others.  I  say  to  the  Senators  that 
the  money  power,  in  my  judgment,  is  that  class  of  persons 
who  control  the  great  debt,  bonds,  stocks,  and  mortgages 
of  this  country  and  of  Europe — that  body  of  men  who  are 
directly  interested  in  a  constantly  appreciating  money, 
whose  fortunes  are  made  out  of  bonds,  mortgages,  stocks, 
and  evidences  of  indebtedness  of  various  kinds;  that  body 
of  men,  small  though  it  may  be,  in  this  country  and  in 
Europe  Avho  are  combined  against  the  prosperity  of  the 
farmer  and  laborer  throughout  the  civilized  world — that  is 
the  money  power. 

In  his  conclusion  he  traced  England's  oppression  of  the 
original  American  colonies,  her  acts  of  tyranny  in  the  revolution 
of  1776  and  in  the  war  of  1812;  and  characterized  the  bill  as  a 
monster  of  iniquity. 

This  is  a  Trojan  horse;  but  underneath  and  behind  this 
whole  scheme  I  see  two  monster  Shylocks,  like  Argus,  hun- 
dred-eyed, and  like  Briareus,  hundred-handed.  One  of  these 
is  England,  and  the  other  the  Shylocks  of  Wall  Street  and 
the  East,  both  alike  reaching  out  their  long,  bony  and 
merciless  hands  for  their  pounds  of  flesh,  regardless  of  the 
welfare  of  the  laboring  classes  and  producers  of  this  coun- 
try, regardless  of  the  prosperity  of  this  country,  but  inter- 
ested solely  and  alone  in  their  own  selfish  aggrandizement. 

In  1811,  when  the  charter  of  the  United  States  Bank  ex- 
pired, the  stock  of  which  had  been  paying  an  annual  divi- 
dend of  from  8  to  10  per  cent,  it  was  discovered  that  the 
English  had  gotten  control  of  nearly  all  the  stock.  Since 
then  she  has  gradually  gotten  control  of  our  carrying  trade, 
bleeding  us  of  millions  of  dollars  every  year.  She  has  got- 
ten control  of  large  areas  of  our  public  lands,  of  immense 
tracts  of  our  coal,  timber,  and  mineral  lands,  which  she  has- 
bought  for  a  song,  and  from  which  she  will  reap  immense 
profits.  She  has  bought  large  interests  in  our  most  profit- 
able flour  mills,  our  breweries,  stockyards,  and  manufac- 
turers.    She  holds  our  bonds  and  has  made  millions  specu- 


NEBRASKA  IN  THE  U.  S.  SENATE.  379 

lating  in  them.  She  draws  annually  from  the  United  States 
over  $100,000,000  in  the  shape  of  interest  and  profits  alone. 
Notwithstanding  all  these  things  the  agent  of  the  Roths- 
childs now  comes  in  the  year  1893,  in  the  year  of  the  Colum- 
bian Exposition,  and  the  one  hundred  and  seventeenth  year 
of  our  Independence,  and  demands  of  our  Secretary  of  the 
Treasury  in  these  United  States  of  America  that  he  issue 
$150,000,000  worth  of  bonds. 

American.  British,  Grecian  and  Roman  history,  with  ancient 
mythological  and  patriotic  allusions,  gave  special  force  to  his 
closing  words.  A  journal  at  the  capital,  not  in  sympathy  with 
Populist  views,  said  of  this  remarkable  effort:  • 

It  is  an  effort  that  does  credit  to  the  patient  research  of 
the  Nebraska  Senator  and  contains  a  vast  amount  of  sta- 
tistical information.  It  also  shows  that  whenever  an 
emergency  arises  requiring  such  a  speech  Mr.  Allen  is  fully 
equal  to  its  requirements,  and  that  when  it  comes  to  col- 
loquial debate  on  the  floor  of  the  Senate,  he  is  quite  as 
readj-  in  answering  interrogatories  as  in  propounding 
theories. 

It  is  furthermore  apparent  from  the  classical  peroration 
with  which  Mr.  Allen  closes  his  remarks  that  come  what 
may  he  is  never  to  be  driven  from  his  position  or  cajoled 
out  of  it.  "So  far  as  I  am  concerned,"  he  says,  "I  ask  no 
favors  and  wear  the  collai*  of  no  man;  and  when  the  Shy- 
locks  of  England,  Wall  Street  and  the  East,  and  their  coad- 
jutors, ask  that  the  rights  of  the  people  be  surrendered, 
my  answer,  so  far  as  I  am  concerned,  will  be  that  not  one 
jot  or  tittle  of  those  rights  shall  be  surrendered  while  life 
lasts,  if  I  can  prevent  it;  we  will  meet  them  in  Bceotia 
before  they  proceed  to  Attica,  and  we  will  not  permit  them 
to  put  their  shirt  of  Nessus  upon  the  back  of  American 
labor.  We  bid  the  Shylocks  and  money  lords,  here  and 
hereafter,  open  and  bitter  defiance." 

Subsequently,  before  the  final  vote  taken  on  the  repeal  bill, 
allowing  no  favors  to  silver,  Mr.  Allen  said : 

I  am  sorry  to  see  what  may  be  called  a  backdown  to  some 
extent  on  the  part  of  some  of  the  advocates  of  free  silver. 
If  I  had  the  experience  in  legislative  work  of  some  of  the 
Senators  who  entertain  the  views  I  entertain,  I  should  not 
only  stay  here  until  next  summer  but  I  would  stay  until 
next  year,  and  I  would  continue  to  stay  until  the  admin- 
istration changed  before  this  law  should  be  uncondition- 
ally  repealed,   and    before   the   great   wrong   which   will  be 


380  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

inflicted    upon    the    American    people    by    this    unconditional 
repeal  should    be   done   to  them   and   their   interests. 

I  say  now.  Mr.  President,  if  there  are  any  Senators  in 
this  chamber  who  have  the  true  interests  of  the  American 
people  at  heart,  if  there  are  enough  of  them  who  will  raise 
the  banner  of  the  free  and  unlimited  coinage  of  silver  and 
carry  it  to  victory  here,  I  believe  victory  can  be  accom- 
plished; and  for  one  I  will  stay  with  that  banner  as  long- 
as  my  strength  lasts,  entirely  regardless  of  the  time  it  may 
take  to  fight  this  battle. 

During  the  session  of  ninety  days,  Mr.  Allen  showed,  by  the 
introduction  of  resolutions  of  inquiry,  and  committee  work, 
ability  and  fidelity,  which  had  their  culmination  in  the  presenta- 
tion of  a  resolution  for  arresting  immigration  "until  a  change 
in  the  labor  market.''  But  the  adjourning  fall  of  the  Vice-Presi- 
dent's gavel  precluded  action. 

First  Regular  Session  Fifty-Third  Congress. 

His  record  made  in  the  extra  session  indicated  that  in  future 
he  was  to  be  found  among  the  careful  workers  in  committees, 
and  able  debaters  upon  the  floor  of  the  senate.  Early  in  the 
session  Senator  Allen  is  found  vigorously  contesting  with  Sen- 
ators Hoar  of  Massachusetts,  Hunton  of  Virginia,  and  Faulkner 
of  West  Virginia,  in  behalf  of  grantors  in  trust  deeds,  as  against 
grantees,  who  have  generally  had  everything  they  desired.  From 
numerous  debates  running  through  several,  months,  upon  tariff 
reduction,  only  a  few  items  can  be  extracted,  for  want  of  space. 

POLICY. 

Me.  Allen:  I  say  that  the  policy  of  taxing  materials 
that  go  into  the  homes  of  this  country  is  unwise.  It  should 
be  the  policy  of  a  great  and  enlightened  nation  like  this 
to  refrain  from  taxing  anything  which  is  essential  to  the 
preservation  of  human  life.  The  necessary  homes  which 
shelter  our  people  from  the  blasts  should  be  free  from  taxa- 
tion, if  it  is  possible  to  render  them  free.  All  the  cloth- 
ing and  food  necessary  to  protect  and  sustain  our  people 
should  be  free  from  taxation  if  possible,  or  at  least,  the 
lowest  rate  of  taxes  should  be  levied  upon  them. 

We  use  much  rough  lumber  in  the  construction  of  fences 
and  of  outbuildings.  These  things  are  a  necessity  to  the 
people  of  the  State  of  Nebraska,  and  not  only  to  them,  but 


NEBRASKA  IN  THE  U.  S.  SENATE.  381 

to  the  seven  or  eight  million  people  who  live  in  the  prairie 
States;  and  yet  you  are  perfectly  willing  to  take  these 
people  by  the  throat  and  hold  them  up,  as  the  highwayman 
holds  up  his  victim,  and  take  money  out  of  them  for  the 
purpose  of  putting  that  money  in  the  pockets  of  a  few  men 
along  the  northern  border  of  the  United  States. 

BOUNTIES. 

I  desire  to  see  the  time  come  in  this  country  when  sugar 
shall  be  free.  Although  I  represent  in  part  a  great  common- 
wealth where  the  sugar  beet  can  be  eultivated  with  profit, 
and  one  of  the  largest  beet  sugar  factories  in  the  United 
States  is  situated  in  the  county  in  which  I  have  the  honor 
to  reside,  I  do  not  believe  that  it  is  either  wise  on  the  part 
of  this  government  to  adopt  the  bounty  system  as  a  policy, 
nor  do  I  believe  the  government  has  power  under  the  con- 
stitution to  encourage  the  development  of  anything  by  a 
system  of  bounties. 

I  recognize,  however,  that  when  the  government  has 
offered  a  bountjr,  and  upon  the  strength  of  the  offer  con- 
tained in  the  statute  an  industry  is  developed  which  per- 
haps would  not  be  developed  but  for  the  granting  of  the 
bounty,  whether  the  government  had  the  power  or  not, 
it  certainly  ha£  morally  no  power  to  suddenly  take  the  prop 
from  under  that  industry  and  permit  it  to  fall  without  any 
warning  of  its  purpose  to  eventually  recede  from  the  bounty 
system. 

Therefore  when  my  colleague  offered  his  amendment, 
which  looked  to  a  gradual  reduction  of  the  bounty  system, 
until  it  would  expire  in  1905,  dropping  one-tenth  each  year, 
I  voted  for  it.  When  he  offered  his  amendment  proposing 
to  make  the  bounty  1  cent  instead  of  2  cents  a  pound,  I 
voted  for  it,  because  both  propositions  looked  to  the  grad- 
iial  extinction  of  the  bounty  system,  and  because  to  so 
vote  would  not  seriously  wrench  the  industry  which  is  be- 
ing developed  in  my  state  today. 

PROTECTION. 

No,  Mr.  President,  that  is  not  the  trouble  with  the  West- 
ern farmer.  The  trouble  with  the  Western  farmer,  in  the 
first  instance,  is  that  he  is  eaten  up  by  excessive  rates  of 
transportation.  By  the  time  he  hauls  his  products  across 
the  mountains  from  the  prairies  of  Nebraska  fifteen  hun- 
dred miles  to  New  York  market,  he  has  consumed  a  valua- 
ble portion  of  the  product  of  his  field,  and  by  the  time  he 
invests  the  money  he  gets  out  of  the  remainder  in  highly 


382  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

protected    articles    of    consumption,    he    is    left    practically 
without  any  surplus  for  his  year's  labor. 

Give  the  farmer  of  the  West  an  equal  show  in  the  race 
of  life,  and  he  does  not  ask  protection  from  any  govern- 
ment; give  him  an  opportunity  to  buy  in  the  open  market, 
as  he  is  compelled  to  sell  in  the  open  market;  and  control 
in  his  interest,  and  in  the  interest  of  the  country  at  large 
to  some  extent,  the  question  of  transportation,  and  the 
farmer  of  the  West  does  not  stand  in  congress  asking  for 
protection  or  assistance  at  our  hands. 

BITTER    RETORT. 

The  debate,  having  elicited  much  asperity,  evoked  a  spirited 
reply  to  Mr.  Chandler  of  New  Hampshire. 

Mr.  Allen:  Mr.  President,  I  desire  to  say  in  as  polite 
language  as  I  can  to  the  Senator  from  New  Hampshire 
that  his  statement  or  insinuation  that  there  is  any  bargain 
between  any  person  on  this  side  of  the  chamber  or  in  the 
chamber  at  all  and  myself  is  entirely  untrue,  and  I  am  in- 
clined to  think  that  the  Senator  from  New  Hampshire  knew 
it  was  untrue  at  the  time  he  stated  it.  I  have  made  no 
bargain.  I  propose  to  make  no  bargain.  I  propose  to  vote 
as  I  see  fit  upon  this  measure  and  upon  every  other  meas- 
ure that  comes  before  the  Senate.  If  when  the  pending 
bill  is  finally  finished  it  is  in  my  judgment  a  better  measure 
than  the  law  now  in  force,  I  shall  vote  for  it.  If  it  is  not, 
I  shall  vote  against  it.  In  that  respect  I  desire  to  assure 
the  Senator  from  New  Hampshire  that  I  am  a  free  lance. 

I  desire  to  state  in  this  connection  that  it  is  none  of  the 
Senator's  business  how  I  propose  to  vote  upon  this  or  upon 
any  other  measure.  I  am  not  here  to  represent  his  views 
upon  any  question.  I  am  sent  here  to  oppose  his  views  upon 
a  majority  of  the  questions  that  come  before  this  body. 

Apparently  upon  the  Napoleonic  motto,  that  nothing  had  been 
accomplished  while  anything  else  remained  to  be  done,  Mr.  Allen 
exceeded  his  former  records  and  made  the  third  Or  short  session 
of  the  53rd  Congress  one  conspicuous  for  thorough  and  incessant 
work.  In  a  voluminous  defense  of  the  Populist  party  and  its 
creed,  he  charged  a  union  of  the  Democratic  and  Republican 
parties  for  the  salvation  of  the  country,  as  they  understood 
salvation,  and  a  unity  of  effort  in  charging  the  Populist  party 
as  the  advocate  of  vagaries  and  lack  of  leadership. 


NEBRASKA    IN    THE    U.    S.    SENATE.  383 

Mr.  President — Sir,  from  a  vote  of  a  little  over  1,000,000 
in  1892,  the  Populist  party  cast  a  vote  of  practically  2,000,000 
in  1894,  an  increase  of  almost  100  per  cent.,  a  greater  vote 
than  placed  Mr.  Lincoln  in  the  White  House  in  1861.  I  thank 
God  this  moment  that  the  light  is  beginning  to  dawn  to-day 
upon  the  common  people  of  this  country  out  of  the  dark- 
ness and  gloom  and  wrong  and  oppression  through  which 
they  are  and  have  been  passing;  that  a  ray  of  light  shines 
over  the  broad  expanse  of  this  country,  and  in  my  judg- 
ment in  1896  both  the  old  parties  will  practically  pass  out 
of  power  and  this  new  party  be  brought  into  control  of 
the  government  in  all  of  its  branches. 

POPULIST  CREED. 

His  Populist  creed,  as  given,  included  the  coinage  of  both 
gold  and  silver  at  the  ratio  of  16  to  1,  supplemented  by  a  legal 
tender  paper  currency — taxes  limited  to  the  necessity  of  the 
government — a  graduated  income  tax — trusts  and  combinations 
injurious  to  commerce,  labor  and  industry  to  be  prohibited — 
abuses  of  pooling  and  watering  stocks  and  discrimination  in 
railroad  rates,  and  of  corporations,  to  be  corrected  by  law — con- 
tract labor  denounced — opposition  to  army  and  navy  increase  in 
time  of  peace — election  of  President  by  direct  vote  of  the  people 
— pensions  for  disabled  soldiers — denunciation  of  anarchy — 
purity  of  the  ballot  box — opposition  to  interest  bearing  bonds, 
and  government  divorcement  from  banks. 

SILVER    COIN    REDEMPTION. 

Finding  $835,534,088  outstanding  paper  money,  by  law  re- 
deemable in  coin,  he  argued  that  the  Secretary  of  the  Treasury 
should  redeem  in  silver  where  it  was  evident  that  an  attempt 
was  being  made  to  deplete  the  treasury  of  gold  coin  for  the 
purpose  of  forcing  the  issuance  of  gold  bonds,  payable  in  gold, 
and  to  perpetuate  a  national  debt,  and  enlarge  the  issue  of 
national  banks.  In  this  spirit  he  denounced  the  issue  of  $500,- 
000,000  bonds  payable  in  fifty  years. 

In  1874,  when  there  was  a  run  upon  the  Treasury  Depart- 
ment, when  this  country  was  experiencing  a  financial  panic, 
the  then  Secretary  of  the  Treasury  issued  $26,000,000  of 
treasury  notes  in   excess  of  the  number   now  in  existence. 


.".SI  NEBRASKA    STATE    HISTORICAL   SOCIETI. 

I  nder  the  provisions  of  the  statutes  which  are  preserved 
to-day  the  Secretary  of  the  Treasury  has  ample  power  to» 
issue  $54,000,000  of  treasury  notes,  non-interest  bearing 
noti-.  Why  not  issue  those  notes  and  coin  the  seigniorage, 
amounting,  all  told,  to  $109,000,000,  and  by  that  means 
prevent  the  issuance  of  bonds  and  discharge  the  current 
obligations  of  the  .Nation. 

CONDITION    OF    ALABAMA. 

As  the  session  approached  its  close,  he  delivered  a  speech  of 
great  research  and  force,  in  favor  of  an  investigation  of 
Alabama,  alleging  anti-republican  government,  and  in  the  con- 
eluding  sentences  made  plain  his  theory: 

I  do  not  desire  to  be  understood  as  saying  that  the  States 
have  no  rights  as  States.  Our  government  is  a  government 
of  enumerated  powers.  If  a  power  is  not  expressed  in  the 
constitution  or  is  not  necessarily  implied  to  carry  out  some 
granted  power,  it  does  not  exist,  and  cannot  be  exercised. 
Nor  am  I  a  believer,  upon  the  other  hand,  in  the  doctrine 
that  any  state  in  the  Union  can  say  that  the  general  gov- 
ernment cannot  pass  its  lines  and  protect  its  citizens. 
When  this  country  guaranteed  to  every  state  in  the  Union 
a  republican  form  of  government,  it  carried  with  it  the 
power,  and  the  duty  as  well,  to  pass  the  lines  of  the  state- 
that  might  deny  to  a  citizen  any  of  the  privileges  or  im- 
munities of  citizenship,  and  to  protect  him  in  their  enjoy- 
ment. 

BENEDICTION. 

Near  the  close  of  the  53rd  Congress,  while  protesting  against: 
appropriating  money  for  the  support  of  a  "tin  soldiery"'  in  the- 
District  of  Columbia,  at  a  time  when  benevolent  citizens  were- 
voluntarily  aiding  "drouth  stricken  people  in  the  Northwest,"* 
Mr.  Allen  delivered  the  following  graceful  benediction: 

Sir,  while  I  am  on  my  feet  speaking  on  this  question  I 
wish  on  behalf  of  a  million  and  a  quarter  of  as  honest, 
loyal,  and  intelligent  citizens  as  there  are  in  the  United 
States,  who  reside  in  my  own  beloved  commonwealth,  to 
tender  their  thanks  and  mine  for  the  splendid  action  of 
Georgia,  Louisiana  and  other  States,  South  and  East,  in 
bringing  relief  to  a  drouth-stricken  people.  Those  people 
are  struggling  honestly  and  faithfully  to  build  up  this 
country  and  to  build  up  their  own  private  fortune.  Misfor- 
tune has  overtaken  them  for  a  second  time.     For  the  sec- 


•  NEBRASKA  IN  THE  U.  S.  SENATE.  385 

ond  time  in  succession  their  crops  have  been  destroyed,  and 
they  are  practically  dependent  upon  the  charity  of  their 
fellow  citizens  of  the  other  states.  I  wish  to  say  to  the 
representatives  in  this  chamber  of  the  states  I  have  men- 
tioned, that  the  gallant  men  and  women  of  those  states 
have  the  earnest  prayers  and  thanks  of  the  people  of  the 
State  of  Nebraska. 


CHAPTER  V. 
MEMBERS   OF    U.   S.    HOUSE    OF   REPRESENTATIVES. 


HON.  T.  M.  MARQUETT. 

39th  Congress.     March   2nd    and   3rd,    1S67. 

Hon.  T.  M.  Marquett  was  born  near  Springfield,  Clarke  County, 
Ohio,  in  1831,  and  graduated  from  the  Ohio  University  at  Athens 
in  1855  when  24  years  of  age.  Having  visited  Kansas  and  Iowa, 
he  made  choice  of  Nebraska  as  a  future  home  in  1856,  in  which 
year  he  was  admitted  to  the  bar. 

After  one  year's  residence  in  Cass  County,  he  was  elected 
three  years  in  succession  to  the  Territorial  House  of  Representa- 
tives; and  so  well  were  the  voters  satisfied  with  the  ability, 
courage  and  capacity  of  the  young  statesman,  that  he  was  called 
upon  to  serve  them  four  years  in  the  Council  (answering  to  the 
State  Senate)  subsequent  to  1860. 

FIRST   STATE   ELECTION. 

To  prevent  confusion  of  facts  relative  to  the  first  election  to 
Congress,  in  Nebraska,  under  the  State  Constitution  in  1866,  it 
should  be  remembered  that  it  took  place  during  the  39th  Con- 
gress while  Mr.  Hitchcock  was  territorial  Delegate.  Mr.  Mar- 
quett held  toward  it  a  dual  position,  being  elected  both  as  mem- 
ber and  delegate.  In  case  admission  of  the  State  should  occur 
during  that  Congress,  Mr.  Marquett  was  elected  member  of  the 
unexpired  term.  Or,  if  it  remained  a  Territory  during  the  40th 
Congress,  he  was  to  serve  as  a  delegate.  But  if  it  was  found 
a  state  in  the  40th  Congress,  Mr.  Taffe  was  elected  to  meet  that 
emergency.  Accordingly  when  it  became  a  state  in  the  expiring 
days  of  the  39th  Congress,  that  retired  Mr.  Hitchcock,  and  made 
Marquett  member  for  two  days  closing  the  39th  Congress.  Be- 
coming a  state  also  superseded  Marquett's  election  to  the  40th 
Congress,  and  advanced  Mr.  Taffe  to  the  membership. 

(386) 


MEMBERS    OF    U.  S.  HOUSE    OP    REPRESENTATIVES.  387 

Mr.  Marquett  has  remained  at  the  bar,  in  absolute  devotion  to 
his  profession,  from  the  date  of  his  admission,  and  has  been 
resident  attorney,  at  Lincoln,  for  the  immense  and  complicated 
business  of  the  Burlington  &  Missouri  River  Railroad  Company 
since  its  establishment  in  Nebraska.  Many  friends  pressed  him 
for  United  States  Senator  when  Mr.  Tipton  was  re-elected  in 
1869.  Without  a  stain  upon  his  professional  honor,  his  name 
stands  high  upon  the  roll  of  the  State's  most  cherished  and 
honored  lawyers. 

Of  his  spoken  eloquence,  upon  the  stump  and  at  the  bar,  but 
little  has  been  recorded,  for  an  utter  neglect  of  his  intellectual 
progemr  has  been  the  characteristic  of  a  modest  and  fearlessly 
independent  personality. 

PERORATION    OF    AN    IMPEACHMENT    ARGUMENT. 

In  the  most  noted  trial  of  the  State  in  which  Mr.  Marquett 
was  an  attorney,  in  defense  of  Gov.  Butler,  he  closed  a  most 
elaborate  and  powerful  speech  with  the  following  appeal: 

Senators — The  blow,  unarrested,  falls  not  alone  on  him. 
Would  to  God  it  did!  Would  to  God  that  no  wife,  no  child 
were  to  feel  its  crushing  weight!  Senators — You  this  day 
stand  upon  the  banks  of  a  Rubicon,  beyond  whose  flood  lies 
the  dreary  waste  of  political  strife  .and  dark  contention. 
Humanity  bids  you  pause.  But  yesterday  the  people  placed 
upon  the  brow  of  David  Butler  a  wreath  intertwined  with 
the  laurel;  to-day  it  is  proposed  to  write  there  a  brand  of 
infamy;  a  burning  brand;  a  brand  which  time  cannot  erase, 
•and  which  not  even  the  good  angels  above  can  wipe  out,  or 
hide  from  human  view. 

Senators — As  1  close  this  case,  let  me  remind  you  that 
those  appeals  of  the  counsel  to  the  effect  that  the  people 
demand  the  conviction  of  the  accused, — that  you  need  not 
show  crime,  or  even  a  corrupt  motive, — is  only  asking  you 
to  trace  backward  from  the  sunlight  of  today  to  those  dark 
ages  when  a  court,  spurning  evidence,  yielded  to  outside 
clamor  and  sent  a  sainted  Baxter  to  the  block,  and  bade 
Algernon  Sidney  tread  the  narrow  steps  of  the  scaffold. 
Posterity  will  review  our  acts,  and  cannot  do  otherwise  than 
condemn  you  if,  by  your  verdict,  you  pronounce  him  guilty 
when  the  people  have  declared  him  innocent. 

Around  you  in  this  crovt  ded  hall,  in  the  galleries  and  cor- 
ridors, are  those  who  anxiously  await  your  verdict.     God's 


388  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

own  justice  bids  you  at  once  break  this  dreadful  suspense, 
calm  those  palpitating  hearts,  dry  the  tear  which  forbidden 
comes,  and  answer  the  prayers  so  earnestly  made  by  pro- 
nouncing the  magic, — and  now  by  the  behests  of  justice 
made  golden,— words  of  "not  guilty." 

NEBRASKA    IN    CONGRESS. 

On  the  2nd  day  of  March,  1867,  the  Globe  report  of  the  House 
proceedings,  in  Congress,  has  the  following  entry: 

Mr.  T.  M.  Marquett,  of  Nebraska,  appeared,  and  having 
taken  the  oath  to  support  the  constitution,  and  the  oath 
prescribed  by  the  act  of  June  2nd,  1862,  took  his  seat. 

The  next  business  before  the  House  was  the  presentation  of 
certain  resolutions,  affirming  the  refusal  of  ten  states  lately  in 
rebellion,  to  adopt  the  14th  Amendment  to  the  Constitution; 
and  that  as  long  as  they  continued  to  refuse  its  adoption  they 
would  not  be  entitled  to  representation  in  the  House;  and 
refusal  long  persisted  in  would  merit  more  stringent  conditions. 

The  object  of  the  amendment  in  question  was  to  define  citizen- 
ship, and  it  declared  all  persons  born  or  naturalized  in  the 
United  States  to  be  such  and  equally  entitled  to  the  protection 
of  the  laws.  This,  of  course,  included  all  the  emancipated 
slaves.  It  also  provided  a  national  penalty  for  a  State's  deny- 
ing any  one  the  right  to  vote,  "on  account  of  race  or  color  or 
previous  condition  of  servitude."  It  also  excluded  certain  parti- 
cipants in  the  rebellion  from  seats  in  Congress  and  from  other 
positions,  and  declared  the  sanctity  of  the  national  debt.  Next 
came  the  very  elaborate  veto  message  of  President  Johnson,  of 
a  bill  "To  provide  for  the  more  efficient  government  of  the  rebel 
states."  The  question  was,  "Shall  the  House  pass  the  bill,  the 
President's  objections  to  the  contrary  notwithstanding?" 

Up  to  this  time,  the  voice  of  the  State  of  Nebraska  had  never 
been  uttered  upon  a  recorded  vote;  but  upon  sustaining  a  ruling 
of  the  presiding  officer,  Mr.  Marquett  broke  the  silence  by  voting 
"Aye,"  and  did  the  same  on  Mr.  Blaine's  motion  to  suspend  the 
rules,  that  the  bill  might  be  carried  over  the  veto.  And  then, 
of  course,  on  the  final  vote  he  was  found  with  the  constitutional 
majority  of  135  against  48;  and  the  law  was  passed  and  Ne- 


MEMBERS    OP    U.  S.  HOUSE    OF    REPRESENTATIVES.  389 

braska  placed  squarely  upon  the  platform  of  the  Republican 
Congressional  reconstruction,  "amid  thunders  of  aoplause  on 
the  floor  and  in  the  galleries."  Again,  during  the  same  day, 
came  another  veto  message,  of  "A  bill  to  regulate  certain  civil 
offices,"  which  was  so  conspicuous,  finally,  in  the  impeachment 
of  Andrew  Johnson;  and  once  more  Mr.  Marquett  voted  in  the 
affirmative  on  its  passage.  Another  affirmative  vote  of  much 
value  was  upon  the  joint  resolution  to  enable  the  United  States 
to  participate  in  the  Universal  Paris  Exposition  of  1867.  But 
the  last  time  he  responded  to  the  roll  call  was  to  suspend  the 
rules  and  instruct  a  committee  to  report  a  bill  to  reduce  mem- 
bers' salaries,  and  before  the  result  could  be  announced,  the 
hour  of  adjournment  having  come,  the  Speaker,  Mr.  Colfax,  de- 
livered his  valedictory  address,  proclaiming  the  inexorable  fact 
— "As  these  parting  words  are  said,  another  Congress  wait  for 
our  seats."  The  seat  occupied  by  Mr.  Marquett  for  two  days 
was  at  once  labeled  for  John  Taffe,  of  Dakota  County,  who  was 
elected  to  the  40th  Congress;  and  in  the  selfsame  hour  Senators 
John  M.  Thayer  and  T.  W.  Tipton  put  on  the  robes  of  office  in 
the  chamber  at  the  other  end  of  the  Capitol.  Had  Mr.  Marquett 
been  elected  to  the  40th  Congress  as  a  member  he  would  have 
made  an  efficient  and  popular  representative.  Of  his  ability 
his  constituents  had  ample  evidence  in  his  career  in  the  ter- 
ritorial legislature,  and  at  the  bar  and  upon  the  hustings  dur- 
ing the  years  of  slavery  aggression,  Civil  War,  and  the  earlier 
period  of  reconstruction.  One  can  easily  learn  the  value  of  first 
things  and  events  by  turning  to  the  pages  of  the  Illustrated 
History  of  Nebraska,  where  mingle  in  prodigal  profusion 
records  of  first  arrivals,  marriages,  births,  deaths,  erection  of 
temples,  and  society  organizations  and  especially  the  manners 
of  those  who  landed  from  her  "Mayflower"  and  first  pressed  her 
"Plymouth  Rock." 

Accordingly,  when  the  subject  of  this  sketch  shall  have  passed 
his  "three  score  years  and  ten,"  bedecked  with  legal  laurels, 
fellow  citizens,  proud  of  the  splendid  progress  of  a  recon- 
structed government,  will  cherish  the  consecrated  first  State 
vote. 


:',!lll  NEBRASKA    STATE    HISTORICAL   SOCIETY. 


HON.  JOHN  TAFFE. 

March  4th,  1867— March  4th,  1873. 

Hon.  John  Taffe  landed  in  Nebraska  and  settled  in  Dakota 
County  in  1856,  in  the  29th  year  of  his  age,  having  been  born 
in  Indianapolis  in  1S27.  His  early  instruction  was  received  in 
the  common  school  and  academy  and  became  the  foundation  of 
a  legal  education. 

Two  years  after  his  arrival  he  was  elected  to  the  Territorial 
House  of  Representatives  and  in  1860  we  find  him  presiding 
over  the  Council,  answering  to  the  State  Senate. 

In  1862  he  was  commissioned  Major  of  the  Second  Nebraska 
Cavalry,  and  during  a  15  months'  service,  was  with  General 
Sully's  expedition  against  the  Indians,  in  which  the  Second  Ne- 
braska under  Col.  Furnas  received  the  hearty  commendation 
of  the  general  commanding. 

Several  times  having  received  votes  in  congressional  conven- 
tions he  was  finally  nominated  and  elected  a  member  of  the 
40th,  41st  and  42nd  Congress,  in  the  years  1866,  1868  and  1870. 
After  leaving 'Congress  he  was  Receiver  of  Public  Moneys  in  the 
U.  S.  Land  Office  at  North  Platte,  Lincoln  Countv. 

On  the  occasion  of  his  death  in  1884,  in  an  obituary  notice  of 
him  in  the  Historical  Transactions  of  the  State  Societv,  we  have 
the  following: 

In  his  congressional  course  Mr.  Taffe  was  a  faithful 
worker  in  the  interest  of  the  state  of  his  adoption,  energy 
and  zeal  being  the  predominating  features  of  his  work  in 
the  halls  of  congress  as  well  as  at  home.  His  work  was 
successful  without  ostentation,  and  thorough  with  all  the 
elements   of   a   practical   nature. 

In  the  Forty-second  congress  he  served  as  chairman  of 
the  house  committee  on  territories,  while  at  the  same  time 
holding  important  positions  on  two  other  committees. 

After  leaving  congress  he  became  editor  of  The  Republican 
and  filled  the  chair  with  considerable  ability  and  success. 
He  was  a  plain,  practical,  and  earnest  writer,  and,  on 
political  issues,  throughout  the  State,  in  those  days  was 
considered  almost  infallible.     An  excellent  proof  of  this  is 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  391 

found  in  the  fact  that  in  a  certain  presidential  election  he 
not  only  forecast  the  vote  of  our  own  state  to  a  nicety  but 
also  that  of  many  of  the  states  of  the  Union. 

After  his  retirement  from  The  Republican  he  returned  to 
the  practice  of  his  profession,  taking  some  interest  in  min- 
ing operations.  •    • 

He  was  honest  and  honorable  in  all  his  dealings,  and 
loyalty  to  friends  was  the  ruling  characteristic  of  his  head 
and  heart. 

The  increased  votes  cast  at  the  several  dates  of  Mr.  Taffe's 
three  elections  show  the  growth  of  population;  being  S,922  in 
1866,  15,042  in  1868,  and  20,342  in  1870,  while  his  majorities, 
first  of  748,  and  second  of  2,406,  and  third  of  4,408,  indicate 
the  growth  of  the  Republican  party. 

At  the  same  time  his  competitor  in  each  canvass  was  a  man 
of  acknowledged  ability,  of  unblemished  character,  and  estab- 
lished citizenship.  First,  A.  S.  Paddock,  since  U.  S.  Senator; 
then  A.  J.  Poppleton,  in  the  highest  degree  an  ornament  of  the 
Omaha  bar;  and  third,  Judge  George  B.  Lake,  after  Chief  Justice 
of  the  State  Supreme  Court. 

In  the  election  of  Mr.  Taffe  there  were  two  points  in  the 
State's  favor  relative  to  a  faithful  service;  the  first  arising 
from  the  fact  that  her  representative  possessed  a  legal  educa- 
tion, and  the  second,  that  he  had  legislative  experience,  and 
practice  in  the  application  of  parliamentary  law.  But  as  to  any 
sudden  acquisition  of  reputation  in  the  new  arena  of  action, 
the  chances  were  decidedly  against  the  incumbent,  for  the  spirits 
that  had  raised  the  storm  were  determined  to  ride  the  waves; 
and  already  the  prow  of  the  Impeachment  Steamer  was  facing 
the  Senate  in  the  case  of  President  Andrew  Johnson,  floating 
from  her  masthead,  for  the  enlightenment  of  all  new  comers— 
"Vessels  large  may  venture  more;  but  little  boats  should  keep 
near  shore."  In  addition  to  this  the  new  member's  associations 
were  of  Territories,  Lands  and  Indians,  all  intimating  soil,  with 
no  "distance  to  lend  enchantment  to  the  view."  While  he  never 
attempted  to  be  offensively  aggressive,  his  sympathies  were 
all  on  the  side  of  the  harassed  and  exposed  emigrants  from 
Indian  raids  and  plunderings,  and  hence  he  had  to  meet  the 
popular  clamor  in  behalf  of  the  "noble  red  man." 


::!IU  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

With  great  perseverance  he  tried  to  secure  an  amendment 
to  an  appropriation  bill,  to  the  effect  that  where  members  of 
a  tribe  went  upon  the  "war-path,"  annual  payments  should  be 
made  only  pro  rata  to  those  remaining  peaceable.  To  the  chair- 
man of  the  Indian  Committee  he  said:  "If  an  Indian  goes  into 
a  white  man's  stable,  in  broad  daylight,  and  takes  away  a  horse, 
while  the  government  is  paying  an  annuity  to  that  tribe,  I  would 
like  to  know  what'  remedy  the  white  man  has  under  the  law." 

Mr.  Shanks  of  Indiana  having  explained  that  if  application 
were  made  to  the  Interior  Department  within  three  years  the 
claim  could  be  settled,  Mr.  Taffe  continued:  "I  submit,  with 
due  respect  to  the  gentleman,  that,  as  a  matter  of  law,  he  is 
entirely  mistaken.  I  hold  that  to-day,  if  there  are  a  thousand 
Indians  in  a  tribe,  nine  hundred  and  ninety-nine  of  whom  are 
on  the  'war-path,'  they  can  commit  depredations  and  still  receive 
their  annuity  from  the  Government  under  existing  laws ;  and 
no  white  man  has  any  remedy  for  any  of  their  depredations." 

On  a  subsequent  day  he  said: 

I  would  like  to  make  a  brief  statement.  I  said  day  before 
yesterday  that  as  the  law  now  stood  no  mone3r  appropriated 
by  the  Government,  no  article  contributed  by  the  Govern- 
ment to  these  Indians  was  liable  for  any  depredations  com- 
mitted by  them.  In  other  words,  all  the  depredations  that 
they  have  heretofore  committed,  and  all  that  they  may 
hereafter  commit,  under  the  law  and  under  the  amendment 
framed,  I  believe,  by  the  gentleman  who  now  has  charge  of 
this  bill,  were  to  be  exempt  from  all  claims,  whatsoever,  of 
citizens  of  the  United  States. 

And  in  addition  to  that  we  make  an  appropriation  to 
prosecute  any  citizen  of  any  state,  or  of  the  West,  whoever 
pursues,  upon  a  reservation,  an  Indian  with  a  horse  he  has 
stolen.  I  hope  I  may  not  be  misunderstood.  That  was 
voted  down  in  this  house  two  years  ago.  But  as  the  law 
certainly  is  now,  though  it  is  denied  by  the  chairman  of  the 
Committee  on  Indian  Affairs,  we  are  to  have  no  redress 
whatever.  You  can  make  no  reprisal  under  penalty  of  the 
law;  and  there  is  an  appropriation  to  punish  you  for  pur- 
siiing  an  Indian  upon  a  reservation,  with  stolen  property. 
That  is  the  law  of  congress  today.  I  offer  this  amendment 
so  there  shall  not  be  a  premium  upon  robbery  and  scalps 
on  our  western  frontier. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  393 

The  amendment  was  voted  down.  In  answer  to  Mr.  Farns- 
worth,  of  Illinois,  he  said: 

I  can  answer  the  gentleman's  question.  He  asks  what  they 
do  with  the  seeds.  They  take  the  machines,  the  mowing 
machines  and  the  reaping  machines,  sent  out  by  the  govern- 
ment, and  burn  them;   and  cook  the  beans  and  eat  them. 

Mr.  Taffe's  fidelity  to  the  work  of  the  Committee  on  Terri- 
tories, of  which  he  was  chairman  in  the  42d  Congress,  and  his 
general  reputation  as  an  intelligent  worker  on  the  committees, 
caused  Mr.  Dawes,  of  Massachusetts,  to  give  him  an  unmerited 
compliment  and  mistaken  criticism,  as  follows: 

The  evil,  if  there  be  one,  has  existed  from  the  beginning. 
My  friend  from  Nebraska,  Mr.  Taffe,  has  for  years  been  a 
member  of  the  Committee  on  Public  Lands,  discharging  his 
duties  with  singular  abilitj';  yet  it  has  never  occurred  to 
him  to  advocate  this  change  in  the  law  until  somebody  in 
the  other  branch  thought  that  it  was  a  suitable  matter  to 
be  put  in  an  appropriation  bill. 

Mr.  Taffe:  The  gentleman  from  Massachusetts  is  mis- 
taken. I  have  never  been  a  member  of  the  Committee  on 
the  Public  Lands,  whether  with  ability  or  without.  [Laugh- 
ter.] 

Mr.  Dawes:  The  gentleman  ought  to  have  been,  and  I 
thought   he  was. 

Recurring  on  another  occasion  to  Indian  Affairs,  he  said: 

In  regard  to  the  22,000  Indians  on  the  upper  Missouri,  for 
whom  $750,000  are  appropriated.  I  claim  in  the  first  place, 
there  never  were  7,000  of  them  to  be  fed  by  the  Government, 
and  further  than  that,  nearly  one-half  of  them  have  been 
on  the  "war-path."  I  ask  that  thejr  only  shall  be  paid  when 
they  are  at  peace  with  the  Government.  Twelve  men  in  one 
body  have  been  killed  in  my  State  by  Indians  this  year,  and 
one  or  two  separately,  and  I  protest  against  paying  a  prem- 
ium on  white  scalps,  by  giving  the  marauders  blankets  and 
guns  and  ammunition  to  perpetrate  these  outrages.  If  I  did 
not  misunderstand  the  gentleman  who  has  charge  of  this 
bill,  he  stated  that  he  hoped  for  a  better  state  of  things 
before   these    appropriations   are   paid. 

In  those  days  of  fleecing  the  government,  when  robbery  was 
the  rule  and  honesty  the  imaginary  exception,  we  find  him  ven- 
tilating the  conduct  of  mail  contractors. 

Mr.  Taffe:  My  information  is  that  Wells,  Fargo  and 
Company  only  carry  mail  matter  when  there  is  no  express 


394  \K1SRASKA   STATE   HISTORICAL   SOCIETY. 

to  be  transported,  and  that  when  there  is  express  freight 
th.'\    will  carry  it  to  the  exclusion  of  mail  matter. 

I  live  at  Omaha  on  this  thoroughfare,  and  I  have  lived 
there  for  twelve  years.  I  do  know  that  there  are  a  large 
number  of  responsible  citizens  who  declare  that  they  have 
seen  mail  matter  upon  the  ground  and  left  for  days  exposed 
to  destruction. 

I  know  furthermore,  that  Indians  constantly  bring  in  mail 
bags  to  the  military  posts,  that  they  have  found  thrown 
out  and  left  upon  the  ground. 

In  the  House,  February  27th,  1871,  Mr.  Taffe  ottered  an  amend- 
ment to  an.  appropriation  bill  increasing  the  amount  from 
125,000  to  |50,000  for  continuing  the  construction  of  a  United 
States  Court  House  and  Postoffice  in  the  city  of  Omaha. 

Mr.  Speaker — At  the  time  this  improvement  was  com- 
menced the  Secretary  of  the  Treasury  was  called  on  to 
make  a  recommendation.  Accordingly  the  Secretary  sent 
in  another  list  of  buildings,  among  which  was  the  building 
at  Omaha. 

After  the  first  appropriation  was  made  the  citizens  of 
Omaha  subscribed  and  paid  $25,000  for  the  purchase  of  the 
land  on  which  this  building  was  to  be  erected. 

Now  I  cheerfulty.  admit,  and  I  will  not  undertake  to  dis- 
guise the  fact,  that  we  want  a  building  that  will  cost  more 
than  $100,000.  After  we  have  had  an  appropriation  of  $25,- 
000,  after  we  have  had  the  implied  promise  of  the  govern- 
ment that  the  building  shall  be  prosecuted,  after  the  citi- 
zens of  Omaha  have  themselves  purchased  the  ground  at  a 
cost  of  $25,000,  we  think  it  not  unreasonable  that  the  ap- 
propriation in  this  bill  shall  be  increased  to  $50,000.  I  hope 
the  amendment  will  not  be  considered  as  obnoxious  to  the 
objections  raised  by  the  gentleman  from  Massachusetts. 

I  will  not  urge  this  appropriation  on  the  ground  that  it  is 
all  the  State  gets;  but  it  is  a  fact  that  we  do  not  happen  to 
have  large  rivers  running  through  the  State,  or  lakes  that 
require  to  be  excavated;  hence  we  cannot  ask  immense 
appropriations  for  rivers  and  harbors,  but  we  ask  the  con- 
struction of  this  building  as  necessary  for  the  accommoda- 
tion of  the  government  officers  and  on  account  of  the  com- 
mercial  importance   of   Omaha. 

After  an  adroit  and  eloquent  argument  by  Mr.  Van  Wyck, 
of  New  York,  in  behalf  of  Omaha  and  the  appropriation,  the 
amendment  was  agreed  to,  much  to  the  delight  of  Mr.  Taffe  and 
his  grateful  constituents. 


MEMBERS'    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  395 


HON.  LORENZO  CROUNSE. 

March  4th,  1873— March  4th,  1877. 

When  Lorenzo  Crounse  came  to  Rulo,  Richardson  County, 
Nebraska,  in  1864,  he  seems  to  have  been  the  "right  man  in  the 
right  place."  The  immediate  community  and  the  Territory 
stood  in  need  of  self-reliant  citizens,  and  one  who  had  made 
professional  life  possible,  by  teaching  in  winter,  in  order  to 
acquire  a  legal  education,  had  certainly  demonstrated  this 
potent  quality.  Born  in  Schoharie  County,  New  York,  January, 
1834— admitted  to  the  bar  in  1856— married  in  1860— Captain 
of  Battery  K,  1st  Regiment  New  York  Light  Artillery  in  1861 — 
wounded  at  Cedar  Mountain  in  1862  and  in  same  year  resigned 
and  resumed  practice  till  1864 — he  was  therefore  30  years  of 
age  when  he  settled  upon  the  shore  of  the  turbid  Missouri. 

A  republican  in  politics,  he  at  once  affiliated  with  the  soldier 
element,  and  being  of  sound  morals,  his  legal  acquirements  in- 
dicated him  as  worthy  of  legislative  and  constitutional  conven- 
tion honors. 

His  advocacy  of  the  adoption  of  the  first  state  constitution 
satisfied  the  people  of  his  fitness  for  Associate  Justice  of  the 
Supreme  Court,  to  which  he  was  elected  in  1866,  and  in  which 
he  presided  till  1872.  when  elected  a  member  of  Congress. 

CONGRESSMAN. 

On  the  1st  day  of  December,  1873,  at  the  beginning  of  the 
43rd  Congress,  Judge  Lorenzo  Crounse  responded  to  the  roll 
call  of  Nebraska.  At  the  previous  session  of  the  42nd  Congress 
a  salary  bill  had  been  passed  to  equalize  the  pay  of  members; 
but  the  party  in  power  had  been  charged  with  great  extravag- 
ance in  appropriating  money,  which  their  opponents  pressed  so 
vigorously,  that  a  portion  of  themselves  joined  in  the  popular 
demand  for  the  repeal  of  the  act.  Accordingly,  in  the  first  hours 
of  the  session,  many  who  voted  for  and  received  their  pay  under 
the  denounced  law  joined  the  army  of  repealers;  and  out  of  the 


396  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

first  nineteen  bills  placed  upon  the  House  calendar,  sixteen  were 
for  repeal,  or  a  radical  change  of  the  enactment,  some  going  so 
far  as  to  advocate  a  reduction  of  salaries  till  all  amounts  re- 
turned should  leave  their  salaries  as  under  the  former  law.  But 
this  theory  received  its  quietus  when  Butler,  of  Massachusetts, 
demanded  that  all  "back  pay,"  in  former  years,  under  similar 
laws,  should  also  be  refunded.  Amidst  the  clamor  of  the  day 
Mr.  Crounse  delivered  his  maiden  speech.  In  this  brief  effort  he 
denounced  political  death-bed  confessions,  pell-mell  retreats,  and 
cringing  supplications;  but  also  recognized  the  fact  of  "vox 
populi,  vox  Dei,'-  when  not  issued  from  Hades. 

Mr.  Crounse:  I  am  not  advised  very  particularly  in  re- 
gard to  the  amendment  offered  by  the  gentlemen  from  Ten- 
nessee (Mr.  Maynard).  While  I  might  at  the  proper  time 
and  under  proper  circumstances  vote  for  it,  I  apprehend 
that  at  this  time  it  will  embarrass  what  I  think  is  the  prin- 
ciple which  is  controlling  this  House. 

I  have  sat  here  for  some  time  listening  attentively  to  this 
debate  on  the  salary  question,  for  the  purpose  of  discover- 
ing, if  possible,  what  principle  is  guiding  this  House  in 
this  action.  It  is  conceded  that  the  act  of  March  last  found 
its  warrant  in  the  Constitution,  and  that  it  had  precedent 
after  precedent  to  support  it.  It  is  conceded  on  all  hands 
that,  so  far  as  the  action  of  this  House  is  concerned,  it  is 
fully  warranted'  by  law.  Now,  if  I  have  been  able  to  dis- 
cover the  motives  which  prompt  the  action  of  this  House  at 
this  time  it  is  a  reflex  of  the  principles  and  the  sentiment 
which  it  is  said  emanate  from  the  people,  and  which  brands 
the  act  of  the  last  Congress  in  regard  to  salaries  as  a  fraud 
in  toto.  That  is  why  I  would  have  liked  to  support  the 
amendment  of  the  gentleman  from  Vermont  (Mr.  Poland), 
for  the  purpose  of  testing  the  honesty  of  the  House. 

It  is  a  very  cheap  business  for  gentlemen  to  make  their 
proclamations  of  obedience  to  the  will  of  the  people,  and 
all  that;  but,  sir,  it  costs  something  when  gentlemen  have 
to  put  their  hands  right  down  into  their  own  pockets  and 
pay  $5,000  for  such  a  proclamation.  I  say  I  am  totally  op- 
posed to  attempts  to  make  this  sort  of  cheap  reputation 
for  honesty  and  frugality;  and  I  am  glad  to  have  an  oppor- 
tunity to  proclaim  my  conviction  on  this  question.  I  desire 
that  my  acts  upon  this  floor  shall  be  characterized  by  hon- 
esty of  motive.  I  want  not  to  be  scared  by  any  false 
clamor;    nor  will  I  co-operate  with  those  who  create   such 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  397 

clamor  and  then  run  from  it,  hastening-  in  a  sort  of  scram- 
ble to  see  who  can  run  fastest,  and  dive  deepest,  and  stay 
down  longest.  [Laughter.]  Such  a  course  is  belittling;  it 
is  degrading  to  the  dignity  of  the  House.  If  we  do  a  right 
act,  let  us  stand  by  it,  clamor  or  no  clamor.  It  is  not,  I 
say,  the  province  of  a  statesman  to  cower  before  the  clamor 
of  his  constituents.  It  is  his  duty  to  mold  public  sentiment. 
If  we  find,  upon  full  examination,  that  it  is  necessary  to 
increase  our  salaries  to  $10,000,  let  us  do  it;  if  we  find  it 
necessary  to  bring  them  down  to  $5,000,  let  us  do  it.  But 
let  us  consider  the  question  like  gentlemen  and  like  states- 
men. Let  us  not  stand  here  trembling  in  our  shoes  lest  Ave 
may  not  return  to  these  seats  again.  I  let  no  consideration 
of  that  kind  weigh  with  me.  There  is  an  old  French  say- 
ing, "What  must  a  people  be  whose  god  is  a  monkey?"  I 
say,  what  must  a  people  be  who  are  to  be  satisfied  by  idle 
clamor  and  protestations  of  bowing  to  the  popular  will? 
I  have  but  little  confidence  in  a  large  part  of  these  pro- 
testations. I  make  no  reflection  upon  any  member;  but  I 
appeal  to  all  whether  there  has  not  been  a  sort  of  heart- 
lessness  and  emptiness  in  much  that  has  been  said  here. 

If  it  should  be  the  disposition  of  this  House  to  repeal  the 
act  of  last  March,  so  as  to  put  all  these  salaries  back  in 
statu  quo,  I  shall  stand  with  other  gentlemen  in  support  of 
such  a  measure;  and  when  the  proper  time  comes,  I  will 
consider  fairly,  squarely,  and  honestly  this  question  of  sal- 
aries; but  at  present  let  us  repeal  the  act  in  toto,  if  that  is 
a  proper  reflex  of  the  sentiment  of  the  people. 

Busied  with  committee  duties  and  keeping  up  a  very  volum- 
inous correspondence  with  interested  constituents,  he  next  ad- 
dressed the  House  in  opposition  to  army  reduction.  This 
occurred  February  4th,  1874,  when  he  ran  counter  to  the  or- 
thodox doctrine  of  Indian  Affairs. 

Mr.  Chairman,  so  far  as  this  bill  contemplates  a  reduc- 
tion of  the  army  it  will  have  my  opposition.  There  are  con- 
siderations of  a  general  nature,  perhaps,  which  might  lead 
us  to  oppose  this  bill,  lying  in  the  fact  that  this  Govern- 
ment should  keep  an  army  sufficient  to  protect  itself  and  to 
maintain   its   dignity. 

I  wish,  however,  to  speak  more  particularly  from  my 
standpoint.  With  the  present  number  of  the  army  I  find 
there  are  allotted  to  my  State  but  1,032  soldiers.  That,  I 
know,  is  wholly  inadequate  to  meet  the  demands  of  the 
citizens  of  that  State.     And  I  might  speak  in  behalf  of  the 


398  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

Territories  beyond  the  State  I  represent,  which  have  no 
uiii'  on  this  floor. 

But  I  speak  understanding^,  I  speak  intelligently,  I 
think,  when  I  say  that  this  number  is  wholly  inadequate 
to  tht-  demands  of  the  people  of  Nebraska.  And  when  I 
speak  for  the  people  of  Nebraska  I  do  not  speak  for  that 
long-haired  set  of  bullies  whom  some  gentlemen  may  con- 
sider as  the  representatives  of  the  frontiersmen.  I  speak 
for  a  class  of  men  who  have  been  induced  to  emigrate  to 
that  western  country  in  search  of  free  homes,  and  -honest 
yeomanry,  men  who  called  for  the  construction  of  the 
Pacific  Kailroad,  and  who  are  seeking  to  develop  the  re- 
sources of  that  far  off  country. 

Sir,  it  was  an  ill-advised  remark  of  the  gentleman  having 
charge  of  this  bill  when  he  suggested  that  necessity  might 
demand  that  we  retract  the  borders  of  civilization.  Sir,  it 
would  be  a  sad  and  humiliating  confession  for  this  Govern- 
ment to  declare  its  inability  to  protect  any  of  the  citizens 
within  its  borders.  I  demand  for  the  people  of  my  section 
.  that  protection  to  which  their  honest  energy  entitles  them. 
I  am  not  speaking-  in  the  interest  of  contractors.  I  repu- 
diate the  intimation  which  fell  from  the  lips  of  some  gen- 
tleman, that  the  West  is  clamorous  for  the  increase  of  the 
army  as  contributing,  perhaps,  to  the  benefit  of  the  con- 
tractors. I  speak  not  for  that  class  of  men.  I  say  that  the 
man  who  has  not  read  of  the  troubles  existing  upon  the 
borders  of  my  own  State  has  given  but  little  attention  to 
the  history  of  this  country.  I  could  produce  here  letters 
from  the  Governor  of  my  State,  received  within  the  last 
day  or  two,  in  which  he  asks  for  military  protection  to  the 
settlers.  I  might  refer  to  the  columns  of  the  daily  news- 
papers, by  which  it  could  be  shown  that  almost  every  morn- 
ing we  are  startled  with  news  -of  raids  by  the  Sioux  and 
other  Indians  upon  the  peaceful  settlers  of  that  State.  Such 
things  retard  the  settlement,  not  only  of  our  State,  but  of 
the  entire  West.  It  is  important  that  the  Government  should 
adopt  such  a  policy  as  shall  give  to  settlers  that  feeling  of 
security  which  will  encourage  emigration. 

When  Mr.  Shanks,  of  Indiana,  demanded  evidence  of  Indian 
hostilities,  Mr.  Crounse  replied: 

I  can  give  the  gentleman  the  authority  of  the  Governor 
of  my  State,  a  gentleman  who  needs  no  eulogy  at  my 
hands. 

Mr.  Shanks:     We  want  evidence,  not  eulogies. 

Mr.  Crounse:  If  the  gentleman  wants  a  scalp  I  have  not 
provided  myself  with  one  to  show  him.     [Laughter.] 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  399 

Mr.  Shanks:  This  general  talk  amounts  to  nothing;  I 
want  facts. 

Mr.  Cbotjnse:  The  gentleman  would  not  probably  be  con- 
vinced if  an  angel  from  Heaven  came  here  to  bear  testi- 
mony. But  if  the  gentleman  could  put  himself  in  the  posi- 
tion of  my  people,  he  would  occupy  a  different  attitude  on 
this   question. 

In  a  discussion  on  removing  the  restriction  from  the  timber 
culture  law,  which  allowed  only  one  quarter  in  each  section  to 
be  secured  under  its  provisions,  he  contended  that,  if  repealed, 
"Men  of  enterprise  and  capital  would  go  into  this  matter  upon  a 
broad  scheme.  If  the  object  is,  as  I  suppose  it  to  be,  to  secure 
the  growth  of  timber,  it  seems  to  me  that  this  restriction  should 
be  taken  from  the  bill." 

RAILROAD    BONDS. 

When  Thurston  County,  Washington  Territory,  asked  per- 
mission to  issue  bonds  to  a  short  line  railroad,  being  deprived 
by  an  organic  act,  Mr.  Crounse  became  a  warm  advocate  of 
their  course;  and  in  addition  to  other  arguments  said: 

I  come  from  a  state  where  this  sort  of  legislation  has 
prevailed  to  some  extent;  and  I  know  that  upon  the  whole 
it  has  been  beneficial  to  the  State  of  Nebraska.  I  represent 
to-day  upon  this  floor  not  less  perhaps  than  three  hundred 
thousand  souls;  I  represent  a  state  that  has  not  less  than 
twelve  hundred  miles  of  railroad.  Every  foot  of  that  rail- 
road has  been  built  by  just  the  kind  of  aid  which  is  sought 
here.  And  I  know  further  that  not  one  foot  of  that  rail- 
road would  probably  have  been  built  to-day  had  it  not 
been  for  such  aid,  and- Nebraska  would  to-day  have  been 
almost  a  wild  without  it. 

The  gentleman  from  Illinois  (Mr.  Burchard)  is  one  of  a 
number  of  representatives  whose  constituencies  are  worth 
millions,  and  who,  without  their  great  railroad  interests, 
would,  as  it  were,  be  worth  nothing.  The  railroads,  and 
they  alone,  have  built  up  the  states  which  they  represent. 
This  territory  is  away  off  by  itself;  it  is  represented  here 
by  a  delegate  who  has  the  simple  privilege  of  opening  his 
mouth,  but  who  has  no  vote  upon  a  question  of  vital  in- 
terest to  his  people.  For  some  reason  or  other  in  the 
organic  law  of  that  territory  was  a  clause  prohibiting  giv- 
ing aid  of  this  kind.  That  delegate  has  brought  forward 
here  a  case  which  I  think  in  all  particulars  must  commend 


400  NEBRASKA  STATE   HISTORICAL  SOCIETY. 

itself  to  the  good  judgment  of  every  member  here.  His 
people  cannot  at  once  raise  the  means  for  building  this 
road.  They  are  willing,  however,  to  put  an  incumbrance 
upon  their  property  of  every  kind,  not  to  exceed  9  per  cent., 
and  let  the  burden  be  distributed  equally  over  them  all. 
when  by  a  two-thirds  vote  it  shall  be  deemed  advisable  by 
the  people.  With  all  these  guards  around  the  bill  it  does 
seem  proper  that  the  gentleman  making  this  request,  per- 
haps the  only  one  which  he  will  ask  in  behalf  of  his  Terri- 
tory, should  not  be  refused  by  this  congress. 

EXPOSED    CONDITION    OF    NEBRASKA. 

The  question  being  on  an  appropriation  of  $50,000  for  the 
erection  of  a  fort  in  Nebraska,  Mr.  Crounse  said: 

I  send  to  the  Clerk's  desk  and  ask  to  have  read  the  recom- 
mendation of  General  Ord,  who  is  in  command  of  that  dis- 
trict in  favor  of  this  appropriation. 

The  Clerk  read  as  follows: 

"I  have  again  to  call  attention  to  the  exposed  condition 
of  Nebraska,  north  of  the  Union  Pacific  railroad,  and  ex- 
tending from  the  Missouri  River  for  three  hundred  miles 
westward,  in  which  there  is  not  a  single  military  station. 
This  country  is  as  rich  as  any  other  portion  of  Nebraska, 
but  the  fear  of  Indians  has  retarded  its  settlement.  It  has 
been  subject  to  frequent  raids  from  the  Sioux,  from  Spot- 
ted Tail's  and  now  from  Red  Cloud's  reservation.  When 
on  a  recent  visit  east  of  the  first  named  chief  he  did  me 
the  honor  to  call,  with  his  lieutenants  and  concubines,  at  my 
office,  I  called  his  attention  to  a  raid  which  some  of  what 
were  considered  to  be  his  people  had  just  committed  on  the 
peaceable  Baptist  and  Danish  settlers  on  the  Loup,  he  re- 
plied in  quite  a  haughty  manner  that  he  had  not  come  here 
to  be  talked  to  in  that  way.  As  I  had  no  power  to  con- 
trol his  movements,  or  make  him  or  the  people  whom  he 
claimed  to  rule  respect  the  property  of  the  white  settlers, 
the  touching  upon  facts  put  an  end  to  further  conversation. 
I  think  a  post  should  be  established  somewhere  about  mid- 
way on  a  line  drawn  from  Fort  Randall,  on  the  Missouri 
River,  to  Fort  McPherson  on  the  Platte.  It  need  not  cost 
to  exceed  $50,000,  and  under  the  sense  of  security  which 
it  would  give  to  settlers  the  rapid  increase  of  a  tax-paying 
population  would  soon  repay  the  outlay." 

Mr.  Crounse:  I  would  say  in  addition  to  that  that  this 
appropriation  is  warmly  recommended  by  the  Secretary  of 
War.  I  have  not  his  letter  here,  because  this  matter  has 
been  sprung  upon  the  House  at  a  time  when  I  did  not  antic- 
ipate it.  In  addition  to  that,  I  would  say  that  General  Sher-  . 
man  told  me  personally — and  I  think  I  report  him  cor- 
rectly— that  if  he  had  only  $50,000  at  his  command  for 
protection    of    this    kind    he    would    appropriate    it    for    the 


MEMBERS    OP    I".  S.  HOUSE    OF    REPRESENTATIVES.  401 

construction    of    that    post    asked    for    in    Nebraska    to    the 

exclusion  of  any  other  place.  This  appropriation  has  been 
recommended  for  several  years  in  succession  by  the  general 
in  command  of  the  army;  and  I  may  say.  what  is  perhaps 
familiar  to  members  of  the  House,  that  the  Indian  depreda- 
tions committed  last  fall,  not  yet  a  year  ago,  in  Xebraska. 
when  the  Sioux  entered  the  very  heart  of  the  western  part  of 
the  State  and  had  a  contest  with  the  Pawnees,  resulting 
in  the  slaughter  of  seventy  or  eighty  persons,  occurred  in 
organized  counties  of  the  State  of  Xebraska  because  of  the 
want  of  this  military  post.  If  we  had  had  such  a  post  there 
we  could  have  intercepted  their  approach.  They  came 
immediately  from  the  north  into  the  part  of  Xebraska 
named,  and  this  post  woidd  have  been  directly  on  the  line 
which  they  must  necessarily  have  passed  over,  and  its 
establishment  now  would  promote  the  safety  and  security 
of  the  settlements  of  Xebraska.  This  appropriation  is  not 
only  asked  in  the  interest  of  Xebraska,  but  of  all  emi- 
grating to  and  interested  in  the  settlement  of  the  West. 
Xebraska  has  asked  nothing  at  the  hands  of  Congress  dur- 
ing this  term  but  this,  and  this  is  a  measure  in  behalf  of 
the  security  of  life  and  the  advancement  of  civilization.  It 
is  as  little  as  Congress  can  do  for  the  State:  and  in  view 
of  the  fact  that  all  the  officers  of  the  army,  the  Secretary 
of  War,  the  general  of  the  army,  anil  the  general  in  com- 
mand of  the  department,  indorse  the  appropriation  in  the 
strongest   language.   I   hope  it   will   he   made. 

When  anything  breaks  the  monotonv  of  the  Great  Sahara  of 
American  Eloquence  (the  Congressional  Reports),  the  bene- 
factor deserves  a  medal,  an  ovation  or  a  monument.  With  what 
delight  do  we  turn  from  the  frigidity  of  accumulated  statistics, 
naked  statement  or  windy  declamation,  the  concentrated  in- 
gredients of  a  parliamentary  automaton,  to  find  revealed  a  liv- 
ing statue,  in  the  attitudes  of  attack  and  defense,  of  lofty  in- 
dignation and  tender  regard,  shielding  the  weak  against  the 
oppressor  and  paying  a  tribute  of  independent  thought  to  the 
dignity  of  unpurchased  manhood.  During  the  dark  and  bloody 
days  of  the  rebellion  of  1861-64  about  as  much  power  was 
wielded  in  Congress  by  party  leaders,  in  their  sphere,  as  was 
awarded  to  generals  in  the  field;  and  the  "rank  and  file''  of 
ordinary  representatives  were  as  docile  under  command  as  the 
soldier  who  carried  the  musket. 
27 


402  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

With  equal  promptness  Hardee's  Tactics  and  the  constitution 
were  superseded,  and  with  equal  celerity  the  army  deserter  and 
political  recusant  executed. 

Even  conceding  the  imperious  demands  of  emergencies,  there 
was  danger  of  establishing  pernicious  precedents. 

BRASS   BUTTONS   AT  A   DISCOUNT. 

If  fifteen  minutes  were  a  liberal  respite  after  the  finding  of 
a  drum-head  court-martial,  so  fifteen  minutes'  discussion  before 
demanding  the  previous  question  might  amply  suffice  on  the 
way  to  the  political  gibbet. 

On  the  2nd  day  of  June,  1874,  still  in  the  first  session  of  the 
43d  Congress,  Judge  Poland,  of  VTermont,  Chairman  of  the  Judi- 
ciary Committee,  reported  back  a  bill  relative  to  courts  and 
judicial  officers  in  Utah  Territory. 

Having  allowed  two  members  to  propose  amendments,  Mr. 
Crounse  asked  to  be  allowed  a  single  remark,  to  which  Mr. 
Poland  replied,  "Not  a  word."  It  should  be  remembered  that  on 
such  occasions  the  distinguished  chairman  wore  a  blue  swallow- 
tailed  coat,  with  brass  buttons,  which  seemed  to  punctuate  the 
denial.  Having  spoken  fifteen  minutes  he  demanded  the  prev- 
ious question  and  offered  the  delegate  from  Utah  £orty-five 
minutes,  with  such  clemency  as  he  used  to  accord  convicts  be- 
fore pronouncing  sentence  of  death. 

Mr.  Crounse:  I  hope  the  previous  question  will  not  be 
sustained.  This  bill  is  too  important  to  be  forced  through 
under  the  previous  question. 

Mr.  Cannon,  of  Utah:  I  yield  ten  minutes  to  the  gen- 
tleman from  Nebraska   (Mr.  Crounse). 

Mr.  Crounse:  Mr.  Speaker,  as  a  member  of  the  Commit- 
tee on  the  Territories  I  have  had  some  opportunity  to  con- 
sider the  questions  involved  in  this  bill,  and  I  did  hope  that 
the  opportunity  would  present  itself,  when  I  might  present 
to  the  House  some  of  the  considerations  which  are  here 
involved  and  which  relate  to  the  details  of  this  bill.  In 
the  consideration  of  a  question  so  important  as  this  the 
House  cannot  afford  to  be  swayed  or  governed  by  passion 
or  prejudice.  Standing  up  here  in  defense  of  what  I 
believe  to  be  a  proper  system  of  law  for  the  government 
of  this  Territory,  I  wish  to  disclaim  in  advance  any  dispo- 
sition to   defend   the  system  of  polygamy.     I  am  not  here 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  403 

for  that  purpose,  but  I  am  here  to  join  hands  with  all  who 
wish  to  put  down  this  system  by  proper  and  legitimate 
means. 

DANGEROUS    PRECEDENT. 

Sir,  we  should  not  confound  this  question  of  polygamy 
with  the  question  of  framing  a  proper  system  of  laws  to 
govern  the  Territory  of  Utah.  Our  action  upon  this  bill 
will  become  a  precedent  for  the  future.  If  to-day  we  can, 
under  the  guise  of  an  assault  on  Mormondom,  frame  a 
system  of  laws  which  in  the  future  may  be  evoked  as  a 
precedent  in  order  to  oppress  people  of  other  Territories, 
it  would  be  indeed  a  dangerous  step  for  us  to  take.  I  re- 
gret, sir,  the  sentiment  that  I  see  displayed  around  me. 
Within  the  hearing  of  my  voice,  when  I  was  contending 
here  that  this  bill  should  be  submitted  to  proper  consid- 
eration by  the  House,  and  that  the  previous  question  should 
not  be  insisted  on  without  full  discussion  of  its  several 
provisions,  I  heard  gentlemen  say  that  they  did  not  care 
what  was  in  the  bill;  that  they  were  going  for  it  anyhow. 
Sir,  if  we  act  in  such  a  spirit  as  that,  what  hope  is  there 
for  any  people  who  are  to  be  run  down  by  the  United 
States  Government. 

A  JOB  FIXED  UP. 

Upon  this  question  in  relation  to  the  government  of  the 
Territory  of  Utah  the  gentleman  from  Vermont  (Mr. Poland) 
seems  to  have  identified  himself  with  the  subject  from  the 
very  outset.  The  annals  of  Congress  show  that  each  session 
a  "Poland  bill"  has  been  introduced.  It  is  generally  intro- 
duced on  the  first  day  of  the  session,  and  is  referred  to 
the  Committee  on  the  Territories  and  to  the  Committee  on 
the  Judiciary.  It  seems  that  this  gentleman  has  tak6n,  in 
familiar  language,  "the  job"  of  fixing  up  the  affairs  of 
Utah.  And  when  I  respectfully  asked  the  liberty  to  pro- 
pound a  question  while  the  gentleman  was  making  a  state- 
ment here,  he  found  it  convenient  to  deny  me  the  right  of 
propounding  interrogatories  or  correcting  what  I  regard 
misstatements,  when  he  would  tolerate  other  gentlemen 
whom  he  knew  to  be  in  sympathy  with  the  bill.  The  gen- 
tleman from  Mississippi  (Mr.  McKee)  could  get  up  and 
interrogate  him  at  pleasure,  and  it  was  entirely  convenient 
and  pleasant  for  this  to  be  done;  but  the  gentleman  knew 
from  my  connection  with  the  bill  that  it  would  perhaps 
not  be  profitable  to  tolerate  any  questions  on  my  part. 

AFOLOGY    ACCEPTED. 
Mr.  Poland:     I  certainly  intended  no  discourtesy  to  the 
gentleman.     I  had  only  fifteen  minutes  in  which  to  explain 


404  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

Hie  bill,  :iikI  I  had  no  time  to  yield  for  interrogatories.  Tf 
the  language  I  used  to  the  gentleman  appeared  i<>  be  dis- 
courteous.   I    beg-  his  pardon. 

Mr.  (i;hi  \>i::  I  accept  1  lie  apology,  but  the  tacts  are 
there  and  the  inference  can  be  drawn.  When  I  wanted  to 
make  an  inquiry  and  to  correct  a  misstatement,  at  that  time 
the  gentleman  could  not  tolerate  a  question;  no.  sir;  not 
a  bit  of  it.  But  when  others  propounded  inquiries,  then 
there  was  an  opportunity,  and  a  disposition  to  allow  them 
to  do  so. 

FALSE     PRETENSES. 

Now,  in  order  to  make  this  bill  palatable  to  the  House, 
if  I  may  use  the  term,  it  must  be  prefaced  with  sonic 
imaginary  grievances,  or  the  statement  of  the  condition 
of  affairs  which  really  does  not  exist.  It  becomes  necessary 
to  refer  away  back  to  the  early  history  of  this  people,  when 
they  were  isolated,  away  off,  and  when  they  had  imposed 
and  inflicted  upon  them  United  States  officials  who  by  their 
arrogance  became  intolerable.  At  such  a  time  they  may 
have  rebelled,  and  such  circumstances  must  be  made  a  pre- 
text for  calling  forth  action  on  the  part  of  Congress  to-day. 
But  I  say,  look  over  the  Territory  of  Utah  to-day  and  see 
where  is  the  rebellion  which  is  talked  of  here,  where  is  the 
detinance  of  law.  Canvass  and  scan  the  organic  act  organ- 
izing the  Territory  and  by  which  the  people 'are  allowed 
to  make  laws  for  themselves.  Look  over  those  laws  and 
compare  them  with  the  laws  of  any  other  territory  of  the 
United  States,  and  then  see  where  they  fall  short.  Not  one 
word  is  brought  forward  here,  beyond  general  assertion 
that  things  are  all  wrong  there,  for  the  foundation  of  this 
action  on  the  part  of  Congress. 

FALLACY  EXPLODED. 
The  gentleman  says  that  while  the  United  States  ap- 
points its  marshals,  the  Territory,  in  defiance  of  law. 
appoints  its  marshals.  Why  is  this?  The  office  of  United 
States  marshal  is  as  distinct  from  the  office  of  territorial 
marshal  as  day  is  from  night.  Their  offices  run  in  differ- 
ent directions.  One  is  charged  with  the  execution  of  tie- 
writs,  processes,  etc..  emanating  from  the  United  States 
courts  and  in  United  Stales  cases.  1  have  the  record  of  a 
case  here  where  the  judges  who  were  sent  out  to  Utah 
attempted  to  set  aside  the  territorial  marshal.  That  Ter- 
ritory saw  fit  under  its  laws  to  appoint  a  marshal;  for 
what?  For  the  disposition  of  matters  arising  under  their 
laws,  and   in   no  way   in  conflict   with   the  laws  of  the  United 

S!:'tcs. 


MEMBERS    OF    D.  S.  HOUSE    OF    REPRESENTATIVES.  405 

Now.  that  they  have  a  right  to  do.  If  that  is  denied  them, 
then  one  of  the  first  principles  of  a  republican  system  of 
government  is  gone  and  wiped  out.  When  a  people  in  a 
territory  cannot  be  accorded  the  right  to  enact  their  own 
laws — those  that  relate  to  themselves,  as  long  as  they  do 
not  conflict  with  the  Constitution  of  the  United  States,  and 
if  they  cannot  select  their  own  officers  to  execute  those 
laws,  then  I  say  you  are  striking  down  the  very  first  prin- 
ciples of  American  liberty.  You  are  taxing-  men  without 
representation;  you  are  demanding-  obedience  to  laws  which 
they  have  no  voice  in  making,  and  you  foist  upon  them  offi- 
cers to  execute  the  laws  under  no  responsibility  to  the 
people  governed.  It  is  a  proposition  unheard  of  in  the 
history  of  American  law-making  or  jurisprudence. 

I  say  then  that  the  charge  brought  here  was  that  they 
elected  a  territorial  marshal  in  defiance  of  the  laws  of  the 
United  States,  which  provided  a  United  States  marshal. 
Judge  McKeon.  of  the  supreme  court  of  that  Territory,  took 
that  position:  a  position  never  taken  before  in  any  other 
territory  of  the  United  States.  That  case  was  brought  to 
the  supreme  court  of  the  United  States,  and  how  was  it  - 
terminated  there?  I  have  the  record  before  me.  but  cannot 
take  time  to  read  it.  Hero  is  the  information  filed  by  the 
United  States  officer  and  the  answer  of  the  territorial  mar- 
shal, where  he  distinctly  says  that  he  disclaims  any  right 
to  interfere  in  the  control  of  United  States  affairs;  that 
he  is  elected  under  the  organic  act  relating-  to  the  affairs 
of  Utah,  is  elected  by  the  legislature  of  Utah,  and  in  pur- 
suance of  that  election  he  acted  in  the  discharge  of  his 
duties  as  such  in  serving  writs  and  processes  which  em- 
anated from  the  court  as  far  as  they  related  to  territorial 
matters;  for  instance,  the  crime  of  larceny,  murder,  or 
any  offense  which  is  made  such  by  the  laws  of  the  Terri- 
tory of  Utah.  In  those  cases  where  the  processes  went 
forth  through  the  territorial  marshal,  he  executed  the  writs 
and  processes,  as  he  had  a  right  to  do,  and  as  he  should  do, 
they  involving  no  infraction  of  any  law  of  the  United 
States.    But  that,  I  say,  is  made  an  offense. 

GAG   RULE. 

When  I  asked  from  the  gentleman  from  Vermont  (Mr. 
Poland)  the  privilege  of  interrupting  him  that  I  might  in- 
quire whether  or  not  the  United  States  had  not  sustained 
that  position,  I  was  denied  that  courtesy.  This  bill  must 
be  pushed  down  our  throats  as  though  this  House  wrere  a 
lot  of  willing-  subjects  only  too  ready  and  anxious  to  go  to 
any  length   that  gentleman   may   dictate.     This  measure   is 


406  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

to  be  put  through  under  the  whip  and  spur  of  the  previous 
question.  But  an  hour — one  poor  hour — is  given  to  the  dis- 
cussion of  matters  involving  the  rights  of  one  hundred 
and  thirty-five  thousand  j>eople,  whose  only  fault  is  that 
they  entertain  religious  convictions  differing  from  those 
entertained  by  gentlemen  here.  I  tell  you,  sir,  it  will  not 
do  for  this  congress  to  assume  a  mock  regard  for  particu- 
lar laws  while  unmindful  of  others.  Let  every  man  turn 
his  sight  inward;  let  him  stand  before  the  forum  of  his 
own  conscience;  let  him  ask  himself  whether  he  has  any 
religious  convictions  at  all.  Men  who  have  none  at  all  are 
perhaps  too  apt  to  be  intolerant  toward  those  who  have. 
I  say  that  while  I  deplore  the  system  prevailing  in  Utah, 
while  I  am  not  in  sympathy  with  that  form  of  religion, 
while  I  desire  and  hope  that  in  the  progress  of  civiliza- 
tion it  will  be  wiped  out,  I  hope  the  American  Congress 
will  not  act  hastily  in  this  regard. 

As  I  wish  to  be  sparing  of  the  time  of  the  gentleman 
from  Utah  (Mr.  Cannon),  I  can  only  say  that  I  did  hope 
to  assail  this  bill  in  its  detail.  There  are  several  views  I 
would  like  to  submit  in  which  I  am  satisfied  this  House 
would  concur  with  me. 

HOME    RULE    DEMANDED. 

I  am  satisfied  that  this  House  would  not  upon  delibera- 
tion enact  the  seeming-  anomaly  of  having  one  set  of  peo- 
ple make  laws  while  officers  appointed  by  another  and 
distinct  authority  are  to  execute  those  laws.  Why,  sir,  by 
this  mode  of  proceeding  you  strike  down  the  very  law- 
making power  itself.  If  these  people  cannot  have  their 
own  marshals  and  their  own  prosecuting  attorneys,  to  pro- 
ceed against  offenses  arising  under  their  own  laws,  they 
will  make  no  laws.  They  will  wipe  out  their  laws  entirely 
if  they  cannot  have  a  voice  in  executing  them.  Examine 
all  the  laws  that  have  been  passed  since  the  organization 
of  this  Government,  and  where  will  you  find  that  any  like 
this  has  been  enacted? 

Mr.  Eldreoge:  The  gentleman  will  allow  me  to  suggest 
to  him  that  the  marshals  selected  by  the  local  authorities 
of  Utah  sustain  precisely  the  same  relation  to  that  Terri- 
tory that  our  sheriffs  bear  to  the  respective  states.  There 
is  no  difference  or  distinction  in  that  regard. 

Mr.  Crounse:  Precisely.  That  is  what  I  wish  to  have 
understood  by  the  House;  that  we  are  asked  to  enact  a 
law  which  is  in  defiance  of  all  precedents  in  our  legisla- 
tion, and  for  no  sufficient  reason;  because  the  system  of 
polygamy,   if   it  is   to   be   assailed   at   all,   is   to   be   assailed 


MEMBERS    OP    U.  S.  HOUSE    OF    REPRESENTATIVES.  407 

under  the  laws  of  the  United  States.  Congress  should  not, 
and  I  say  cannot  in  consistency  with  the  principles  under- 
lying1 our  institutions,  enact  laws  which  will  thrust  upon 
that  people  a  set  of  Government  officials  responsible  to  no 
one  except  the  Government  here  at  Washington. 

EQUAL   RIGHTS. 

I  say  that  this  people  does  not  deserve  such  treatment. 
Aside  from  the  question  of  their  religion  they  are  entitled 
to  the  same  rights,  immunities  and  privileges  which  would 
be  claimed  in  behalf  of  any  other  people.  They  have  shown 
themselves  law-abiding  and  industrious.  You  may  look 
over  all  the  States  and  Territories  of  this  Union,  and  no- 
where will  you  find  the  rate  of  taxation  lighter  than  in 
that  Territory.  In  this  respect  the  people  of  that  Terri- 
tory have  made  a  record  which  ought  to  be  the  envy  of  the 
general  government  and  of  every  state  government.  I  say 
that  people  who  have  behaved  in  this  manner  should  not 
bring  down  upon  their  heads  the  enactment  of  laws  which 
must  simply  operate  to  enrich  United  States  officials  and 
turn  the  people  over,  bound  hand  and  foot,  to  the  tender 
mercies   of   officers  whom   they  have   no  voice   in   choosing. 

While  I  would  not  antagonize  the  bill  in  gross,  I  hope 
that  as  presented  here  and  sought  to  be  forced  through  it 
will  be  voted  down,  and  that  the  opportunity  may  be  given 
to  correct  and  modify  it  in  those  essential  particulars  which 
I  know  this  House  upon  calm  consideration  would  not  ap- 
prove. As  a  Congress  we  cannot  afford  to  act  upon  the 
principle  which  I  intimated  at  the  outset  appeared  to  be 
influencing  many  members  here.  I  fear  that  principle 
operates  too  largely.  I  have  never  known  a  case  in  which 
the  law  for  the  government  of  a  great  people  who  are 
asking  to  become  a  state  of  this  Union  has  been  passed  in 
such  haste,   and  with   so   little   apparent  necessity. 

The  foregoing  was  the  most  elaborate  of  the  speeches  in  his 
first' session,  and  for  boldness,  directness,  and  the  exhibition  of 
a  courage  to  stand  by  the  discarded  and  unpopular,  was  worthy 
of  high  commendation.  The  index  of  the  Congressional  Record 
for  the  session  shows  eighteen  bills  introduced,  incidental  re- 
marks made  on  eighteen  different  occasions,  in  addition  to  the 
speeches  that  have  passed  in  review.  During  the  second  session 
of  his  first  term,  the  usual  incident  occurred  of  the  unpopular 
demanding  an  advocate,  and  finding  one  in  the  new  member 
from  the  West. 


4IIS  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

THE   BEST    DEPENDED. 
Mr.  Croi  nse:     Mr.  Chairman—  Representing  a  state  which 
includes   within  her  borders  several    Indian  agencies,   I    per- 
haps  would   be  held   inexcusable  were    I    to  si1    here  and   listen 

to    the    denunciation    of    Indian    agents    generally    and    not 

put  in  a  defense  in  behalf  of  those  whom  I  know  not  to  be 
open  to  such  charges.  Whatever  may  be  the  character  of 
others  of  those  who  may  have  been  intrusted  with  agencies 
in  the  past,  I  am  glad  to  say  that  from  a  personal  acquaint- 
ance with  some,  and  from  what  I  know  of  others  in  Ne- 
braska, the  agents  there  1  believe  are  above  suspicion. 
Some  have  been  residents  of  the  State,  all  well  known 
there,  and  the  gentleman  from  Kentucky  could  not  with 
safety  or  impunity  make  the  broad  and  sweeping-  charges 
of  fraud  and  stealing  there  as  those  in  which  he  has  in- 
dulged here.  I  have  taken  occasion  to  visit  some  of  the 
agencies,  and  have  a  personal  acquaintance  in  some  in- 
stances with  the  employes  and  subalterns,  and  I  have  no 
doubt  but  the  assistants  are  well  chosen  and  that  the  affairs 
of  the  agency  are  conducted  with  honesty  and  fidelity. 
Speaking-  u uderstand ingly ,  sir.  I  repudiate  the  charges  so 
unjustly  made  against  gentlemen  who  are  not  here  in  a 
situation  to  defend  themselves.  I  would  be  as  quick  as  any 
gentleman  on  the  floor  to  denounce  and  hunt  down  cor- 
ruption in  the  Indian  Department  if  any  exists,  but  I  should 
lie  more  surprised  than  any  one  to  find  it  in  the  quarter 
of  which    I    have  spoken. 

WAR    DEPARTMENT   AND   INDIANS. 

During  the  first  session  of  the  44th  Congress,  Mr.  Crounse 
called  attention  to  his  contemplated  vote  on  a  bill  for  the  trans- 
fer of  the  Indian  Bureau  to  the  War  Department,  believing 
that  his  constituency  required  such  a  vote;  and  yet  his  better 
judgment   condemned  it. 

It  is  my  purpose  to  vote  for  the  bill.  In  my  judgment. 
if  this  bill  should  be  passed,  a  very  great  mistake  will  be 
commit  ted.  If  the  purpose  were  to  exterminate  this  race 
of  people,  to  subjugate  them,  to  crush  out  all  spirit  or 
disposition  for  improvement,  to  surround  them  with  influ- 
ences, at  once  demoralizing  to  them  and  to  the  army  itself, 
why  then  the  passage  of  this  bill  would  attain  the  object 
most  effectually.  But  in  this  enlightened  age.  with  the 
advance  already  made  in  the  civilization,  education  and 
Christianization  of  the  Indians,  I  say  that  the  passage  of 
this  bill,   throwing  not    only    the    wild    Indians,   but    those   in 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  409 

all  stages  of  civilization,  advancement  and  culture,  into  the 
hands  of  the  military,  wholly  unfitted  by  education  and 
vocation  to  continue  the  work  of  educating-  them,  is  a  move 
in  the  wrong'  direction. 

CORPORATE    ASSUMPTIONS    AND    EXACTIONS. 

He  also  took  occasion  to  illustrate  corporate  assumptions  and 
encroachments  in  discussing  a  railroad  bill,  and  referred  to  the 
Union  Pacific  bridge  tax  upon  freight  and  travel. 

To  the  people  I  immediately  represent  it  proves  very 
onerous.  Kaising  corn,  wheat  and  like  coarse  products,  de- 
pendent largely  for  their  value  upon  the  rate  of  transpor- 
tation, they  must  submit  to  this  extraordinary  exaction  to 
pass  these  articles  barely  beyond  the  threshold  of  the 
State.  This  matter  of  vital  concern  to  a  people  whose  fuel, 
whose  lumber,  salt  and  the  like  must  pay  such  high  tariff, 
does  not  particularly  concern  members  who  may  never  see 
Nebraska,  and  whose  constituents  are  indifferent  to  the 
rates  of  tolls  charged.  The  contest  here  is  therefore  not 
an  easy  one  with  a  corporation  with  millions  to  make  or 
lose  and  which  can  and  does  employ  the  ablest  counsel  of  the 
land,  and  expert  agents  to  protect  its  interests.  Before  some 
of  the  committees  of  the  House  I  have  met  the  ablest  counsel 
of  the  land,  gentlemen  of  national  repute,  while  in  the 
corridors  and  lobby  some  no  doubt  listen  to  what  T  say. 
I  am  pointed  to  "agents."  or  lobbyists  employed  at  good 
prices,  by  one  and  another  of  these  companies  to  "reason" 
with    members    and   protect    the   company's   interests. 

In  the  last  session  of  his  congressional  career,  while  engaged 
in  a  railroad  discussion,  he  introduced  the  Union  Pacific  road 
in  the  light  of  a  political  dictator. 

The  experience  of  the  people  of  Xebraska  is  not  an  en- 
couraging one.  The  Union  Pacific  Company  has  even  under- 
taken   to   run    the   politics  of   the   State. 

At  our  last  convention,  when  the  interests  of  the  road 
were  thought  to  be  interested,  the  unseemly  spectacle  was 
presented  of  Jay  Gould  and  Sidney  Dillon  being  at  Omaha 
in  communication  with  the  superintendent  of  the  road,  Mr. 
Clark,  at  the  convention,  the  wires  communicating  between 
tiiem. 


410  NEBRASKA    STATE    HISTORICAL   SOCIETY. 


HON.  FRANK  WELCH. 
March  4th,   1877— September  4th,    1878. 

As  in  the  darkness  of  the  night  the  electric  flash  reveals  the 
form  and  foliage  of  the  tree  that  perishes  by  its  stroke,  so  do 
the  memorial  addresses  of  Congress  reveal  the  manly  virtues 
and  lovable  character  possessed  by  the  Hon.  Frank  Welch. 
From  these,  the  first  voluminous  historian  of  Nebraska  drew  a 
biographical  sketch;  and  from  them  this  brief  summary  must 
be  extracted.  For  all  his  innate  modesty  allowed  him  to  report 
in  the  Congressional  Director)/  was  "Frank  Welch,  of  Norfolk, 
was  elected  to  the  45th  Congress  as  a  Republican." 

Senator  Paddock  said  of  him,  on  memorial  occasion: 

Mr.  President — I  shall  not  delay  the  Senate  by  an  extended 
memorabilia  of  our  lamented  colleague,  Representative 
Welch.  He  was  born  on  Bunker  Hill,  Charlestown,  Massa- 
chusetts, February  10,  1S35;  was  graduated  at  the  Boston 
High  School,  and  afterward  specially  educated  and  trained 
as  a  civil  engineer.  Soon  after  embarking  in  his  profession 
the  duties  thereof  called  him  into  the  West,  and  finally, 
while  yet  a  very  young  man,  in  the  year  1857,  he  established 
his  home  at  Decatur,  Nebraska.  Mr.  Welch  was  a  gentle- 
man in  the  highest  and  broadest  sense  of  the  term — kind, 
gentle,  generous,  manly.  As  might  naturally  have  been 
expected  of  a  young  man  possessing  such  qualities  of  mind 
and  heart,  he  rapidly  advanced  to  the  front  in  society,  and 
in  affairs  in  his  county  and  section.  He  was  very  soon 
chosen  to  represent  his  district  in  the  council  or  senate  of 
the  first  legislature  chosen  under  state  organization,  of 
which  body  he  was  made  the  presiding  officer.  He  held 
other  positions  of  honor  and  trust  under  both  the  Federal 

Editoei  vl  Note.— Frank  Welch  was  born  on  the  Bunker  Hill  site,  Massachusetts, 
February  L0,  1835,  and  had  hi*  education  in  the  schools  of  Boston,  until  his  graduation 
from  the  Eigh  School  of  that  place.  lli>  father  had  died  when  he  was  very  small. 
Leaving  him  to  the  training  of  his  mother.  He  chose  the  work  of  civil  engineering, 
and  was  engaged  in  railroad  engineering  in  1857,  on  a  road  terminating  at  the  .Missouri. 
On  a  printed  lisl  of  the  personnel  of  the  territorial  legislature  of  1855,  the  name  of 
Frank  Welch  appears,  '  age,  24;  nativity,  N.  Y.;  residence,  Nebraska  Center;  occu- 
pation, telegraph  operator."  This  does  not  tally  with  the  information  about  him  sug- 
gested by  the  various  memorialists  in  "Memorial  Addresses  on  the  Life  and  Character 
of  Frank  Welch,"  Washington,  1879.  His  address  is  given  as  Decatur,  in  1857;  later, 
as  Wesl  Point.  In  isi>:i  he  was  married  to  Miss  Elizabeth  Butts,  of  Hudson,  New  York. 
Be  was  register  of  the  U.  S.  land  office  at  West  Point  from  1S71  to  187ti,  when  he  was 
elected  to  the  lower  house  of  Congress.     He  died  September  4,  1H7.S. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  411 

and  State  Governments,  and  in  1S76  was  elected  a  member 
of  the  Forty-fifth  Congress.  He  represented  the  largest 
Congressional  district  in  the  Union,  both  as  respects  terri- 
torial extent  and  population.  He  was  alone  in  the  other 
House  from  Nebraska — a  state  embracing  an  area  of  sev- 
enty-five thousand  square  miles,  with  a  population  of  nearly 
four  hundred  thousand — a  comparatively  new  state,  having 
innumerable  and  varied  interests  in  process  of  development, 
dependent  largely  upon  Federal  legislation  and  Federal  exec- 
utive administration  for  encouragement  and  protection. 

There  was  put  upon  him  the  labor  of  three  men,  and  by 
day  and  by  night  unceasingly  he  struggled  through  the 
protracted  and  exciting  session  of  last  year  to  do  it  all. 
Mr.  Welch  was  a  man  of  great  energy,  industry,  and  perti- 
nacity of  purpose.  He  would  do  all  required  of  him  although 
he  should  know  the  effort  would  cost  him  his  life;  he  did 
all,  and  as  many  another  before  him  in  like  circumstances 
had  done,  he  went  prematurely  to  his  grave.  When  the 
session  closed,  Mr.  Welch  returned  to  his  constituency  very 
much  worn  and  broken  in  health.  He  needed  rest,  but  he 
took  it  not.  At  once  he  entered  upon  an  active  and  an 
exceedingly  laborious  political  canvass.  His  physical  ma- 
chinery could  not  endure  the  additional  strain  put  upon  it, 
and  then  the  end  came,  soon  and  swift  but  pangless.  In  the 
evening  of  the  4th  day  of  September,  1878,  in  a  public  meet- 
ing, in  the  midst  of  a  numerous  audience  composed  largely 
of  his  political  friends  and  admirers  whom  he  was  about 
to  address,  he  was  suddenly  stricken  and  fell  in  death. 

But  it  was  not  left  to  Nebraska  alone  to  garland  his  tomb. 
Iowa,  by  the  Hon.  Mr.  Sapp,  furnished  her  contribution: 

Mr.  Speaker,  I  knew  him  long  and  well.  For  him  time  and 
earth  have  passed  away;  he  has  departed  in  the  meridian  of 
his  manhood;  in  the  midst  of  the  gl owing  hopes  of  a  suc- 
cessful life,  like  a  vigorous  tree  cut  down  in  the  wealth  of 
its  summer  bloom  ere  the  bright  green  of  a  single  leaf  had 
been  seared  by  the  blight  of  Autumn. 

Wigginton,  of  California: 

We  of  the  Committee  of  Public  Lands  all  knew  him  with 
the  most  unhesitating  confidence  in  and  respect  for  his 
character  and  abilities  as  a  man,  and  with  a  most  cordial 
regard  inspired  by  his  genial  and  gracious  temper  as  an 
associate.  In  the  brief  course  of  his  parliamentary  career, 
if  he  did  not  belong  to  the  conspicuous  few  who  compel 
our  admiration  for  the  brilliant  intrepidity  and  force,  alert- 


412  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

ucss  and  power  of  intellect  which  achieve  the  leadership  of 
the  tumultuous  debate,  he  had  ye1  taken  liis  assured  place 
among  those  who  are  marked  for  sturdy  independence  and 
self-reliance  of  thought,  conscientious  inquiry  for  truth, 
and  a  high  standard  of  determination  and  action, — qual- 
ities scarcely  less  valuable,  though  less  resplendent,  in 
him  who  serves  the  people  in  this  hall. 

Mr.  Tipton,  of  Illinois: 

I  desire  to  place  upon  record  to  go  down  to  history  my 
judgment  that  he  was  one  of  the  good  men  of  this  land; 
that  every  purpose,  every  object  of  his  life  was  for  the 
good  of  the  people;  that  he  had  no  motive,  no  purpose 
which  in  his  judgment  would  injure  any  man  on  the  face 
of  this  earth,  but  on  the  contrary  his  life  was  devoted  to 
the  good  of   all. 

Mr.  Conger,  of  Michigan: 

Genial,  warm-hearted,  gentle,  kindly,  inoffensive",  pleasant, 
and  agreeable  in  all  the  relations  of  life,  those  who  knew 
him  were  won  to  him  by  that  loving,  kindly,  generous  nature 
of  his.  He  loved  his  fellow-men,  and  his  fellow-men  loved 
him;  and  many  hearts  were  grieved,  almost  startled,  when 
the  news  tirst  reached  them  that  our  quiet  friend  had 
passed  from  the  living  and  was  numbered  with  those  who 
had  gone   from  these   halls  for  ever. 

Mr.  Wright,  of  Pennsylvania: 

We  form  our  associates,  too  often  with  our  own  party 
men,  unless  accident  brings  us  in  cdose  contact  with  those 
of  the  opposite  party,  as  accident  in  the  line  of  my  official 
duty  here  brought  me  in  contact  with  Mr.  Welch.  1  only 
wish  1  could  be  brought  more  often  hi  contact  with  men 
differing  from  me  in  political  affinities,  if  they  could  be  of 
the  kind  of  men  that  this  man  who  has  left  us  proved  him- 
self to  be.  I  bade  adieu  in  this  chamber  to  a  friend  who 
in  life  was  very  near  to  me.  I  hope  that  in  the  future  these 
halls  may  be  filled  with  men  who  possess  the  heart,  who 
have  the  ability,  who  have  the  judgment  that  he  had  who 
has   gone   forever.      Peace   to    his    ashes. 

The  words  of  Senator  Saunders,  of  Nebraska,  may  close  these 
unusually  hearty  tributes: 

Our  late  associate  has  gone  hence,  sir.  but  his  memory 
will  survive,  embalmed  in  the  hearts  of  those  who  knew  him 
and    appreciate   his   manly    qualities.      He    died,    as   he    lived. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  413 

deserving-  and  possessing  the  warm-hearted  esteem  of  many 
and  the  ill-will,  I  trust,  of  none.  In  private  life  in  the  state 
in  which  he  lived  he  was  respected,  confided  in  and  beloved 
to  a  very  remarkable  degree;  and  I  have  never  witnessed 
a  community  apparently  more  deeply  impressed  by  the 
death  of  one  of  its  members  than  in  the  exhibition  of  sor- 
row over  the  death  of  our  deceased  associate. 

The  integrity  of  his  character,  the  soundness  of  his  judg- 
ment, and  the  kindness  of  his  heart  were  well  attested  by 
the  confidence  and  affection  bestowed  upon  him  in  his  life 
and  the  intense  sorrow  with  which  his  untimely  death  was 
deplored. 

Let  us  commend  the  heart-stricken  widow,  the  fatherless 
children,  and  the  bereaved  relatives  and  friends  to  the  ten- 
der mercies  and  teachings  of  Him  who  doeth  all  things  well, 
and  who  alone  can  heal  the  bruised  heart  and  calm  the 
whirlwind  of  grief  in  the  afflicted  soul. 


414  NEBRASKA   STATE   HISTORICAL  SOCIKn. 


HON.  T.  J.  MAJORS. 

December  2nd,  1S7S— March  3rd,  1879. 

Thomas  J.  Majors  was  born  in  Jefferson  County,  Iowa,  June 
25th,  1841;  received  an  academic  education;  removed  to  Ne- 
braska in  1860;  engaged  in  mercantile  pursuits;  entered  the 
Union  array  in  1SG1;  was  made  1st  Lieutenant  of  Company  C, 
First  Nebraska  Infantry,  afterward  Cavalry,  and  served  until 
1866;  mustered  out  with  the  rank  of  Lieutenant  Colonel. 

He  was  a  member  of  the  Territorial  Council;  served  in  the 
first  State  Senate  and  was  re-elected;  was  appointed  United 
States  Assessor  of  Internal  Revenue  in  1869;  was  elected  a  con- 
tingent member  of  Congress  in  1876  and  1878;  was  elected  a 
representative  to  the  45th  Congress  in  place  of  Frank  Welch, 
deceased;  and  again  elected  a  contingent  member  to  the  46th 
Congress. 

The  election  of  a  contingent  member  proceeded  upon  the  as- 
sumption that  the  population  of  Nebraska  had  increased  so 
much  subsequently  to  the  census  of  1870,  and  previous  to  that 
of  1880,  as  to  entitle  her  to  another  member  of  the  House  of 
Representatives;  but  as  the  discretion  was  with  the  House,  no 
additional  one  was  granted  till,  under  the  apportionment  of  1880, 
the  State  was  found  entitled  to  three  instead  of  one.  Hence, 
Mr.  Majors  was  never  known  as  a  contingent  member,  but  as 
the  successor  of  Hon.  Frank  Welch,  in  the  third  session  of  the 
45th  Congress,  which  commenced  December  2nd,  1878,  and  ad- 
journed March  3rd,  1879.  As  this  was  a  short  session  of  ninety 
days  only,  there  was  no  opportunity  for  the  young  and  new 
member  to  signalize  his  term,  either  by  oratorical  displays  or 
legislative  achievements. 

Subsequently  Mr.  Majors  was  twice  elected  Lieutenant  Gov- 
ernor; but  in  1891,  when  Republican  candidate  for  Governor,  he 
was  vigorously  attacked  by  a  leading  and  powerful  paper  of  his 
party,  the  Omaha  Bee,  and  defeated,  while  his  party  elected  the 
legislature  and  all  state  officers. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  415 


HON.  E.  K.  VALENTINE. 

March   4th,    1879— March   3rd,   1885. 

E.  K.  Valentine  was  born  in  Keosauqua,  Iowa,  June  1st,  1843, 
and  like  a  majority  of  valued  citizens  who  have  attained  emi- 
nence, was  educated  in  the  common  schools. 

The  first  call  of  Mr.  Lincoln  for  troops  in  1861  found  the  en- 
thusiastic youth  at  the  "printer's  case,"  who  received  a  damper 
upon  his  ardor  when  informed  by  a  mustering  officer  that  lack 
of  age  and  physical  debility  precluded  his  acceptance  as  an  in- 
fantry volunteer.  Having  met  the  same  impediment  in  a  cav- 
alry regiment,  by  perseverance  he  was  finally  mustered  into  the 
service  in  1862,  under  a  90  days'  call,  and  subsequently  served  in 
the  secret  service  at  Chicago  and  St.  Louis;  ending  a  military 
career  as  adjutant  and  brevet  major  for  three  years  in  the  7th 
Iowa  Cavalry,  upon  the  Western  plains. 

Coming  to  Nebraska  in  1866,  he  was  subsequently  appointed 
Kegister  of  a  United  States  Land  Office  at  Omaha,  and  having 
been  admitted  to  the  bar,  was  elected  judge  of  the  6th  District 
in  1875,  which  office  he  discharged  until  elected  to  the  46th 
Congress,  where  he  was  continued  by  subsequent  elections 
through  that  of  the  47th  and  48th  Congress. 

In  order  to  take  possession  of  the  judicial  office  he  had  to  sue 
out  a  writ  of  quo  warranto  upon  his  opponent  who  had  received 
the  certificate  of  election.  The  district  was  so  large,  and  the 
only  means  of  travel  by  private  conveyance  and  over  primitive 
roads,  with  extemporized  hotels,  and  temples  of  justice,  that  the 
"Variegated  District''  would  have  been  a  graphic  designation. 

During  his  first  four  years  in  Congress  he  was  the  sole  Rep- 
resentative of  the  State  in  the  House,  while  its  voting  popula- 
tion had  increased  from  8,922  in  1867,  to  80,414  in  1882,  showing 
a  vast  increase  of  legislative  and  departmental  duties. 

From  the  census  of  1880  the  apportionment  gave  him  two  ad- 
ditional colleagues  in  1882.    At  the  commencement  of  his  second 


lit;  NEBRASKA    STATE    HISTORICAL  SOCIETY. 

Congress  he  became  chairman  of  the  Committee  on  Agriculture 
and  during  the  48th  Congress  was  promoted  to  the  Judiciary 
Commil  tee. 

In  the  clinics!  in  the  House  over  the  passage  of  the  first  bill 
to  establish  the  Departmenl  of  Agriculture,  his  labors  were 
arduous  in  committee  and  conspicuous  in  the  House1.  On  ac- 
count of  certain  provisions  touching  the  railroad  transportation 
of  agricultural  supplies  or  products  a  bitter  fight  was  waged  in 
behalf  of  a  substitute  for  the  original  bill  passed  by  a  majority 
of  175.  seven  only  voting  in  the  negative.  In  the  matter  of  a  bill 
to  straighten  the  northern  boundary  of  the  State  his  efforts  were 
intelligently  and  persistently  applied.  He  did  not  leave  a  single 
item  of  interest  unguarded,  before  a  department,  in  which  a 
private  citizen  was  concerned.  Nor  did  he  attempt  to  condone 
state  representative1  delinquencies  by  irrelevant  speeches;  but 
where  interests  were  to  be  defended  and  attacks  parried,  he 
was  a  soldier  to  the  front  with  a  banner  unfurled. 

During  the  administration  of  President  Harrison  the  Senate 
of  the  United  States  made  him  Sergeant-at-arms,  which  office  he 
discharged  to  the  great  satisfaction  of  the  body,  and  in  the  true 
spirit  of  impartiality  and  fidelity. 

MUD   SILLS. 

During  the  reign  of  slavery  in  the  United  State's,  when  that 
detestable  system  almost  entirely  dominated  church  aud  state, 
some  owners  of  human  stock  couched  their  contempt  for  free 
white  laborers  of  the  North  in  that  most  offensive  term  "Mud 
Sills.'"  And  even  in  L860,  at  the  commencement  of  the  Civil  War. 
many  Southern  gentlemen  anticipated  the  disagreeable  neces- 
sity of  unhorsing  five  "Mud  Sills"  at  once,  in  single  combat. 

Mr.  Valentine  having  served  through  the  war,  and  the  mem- 
ber  from  Kentucky  having  had  a  like  experience,  and  appar- 
ently having  passed  into  history,  it  did  not  seem  proper  that  the 
conception  of  "Mud  Sills"  should  be  perpetuated  as  "a  survival 

Of  the  fittest. " 

It  was  not  astonishing,  therefore,  that  a  young,  vigorous,  na- 
tive American,  of  pioneer  history  and  industrial  associations, 
should  resent  an  epithet  born  of  an  era  of  master  and  slave. 


MEMBERS    OF    U.  S.  HOUSE    OP    REPRESENTATIVES.  417 

Me.  Valentine:  I  do  not  believe  that  at  this  late  clay 
that  rallying  cry,  or  epithet,  or  whatever  you  desire  to  call 
it,  of  "Mud  Sill,"  will  be  of  any  avail  to  the  gentleman  from 
Kentucky  (Mr.  Blackburn). 

He  took  occasion  to  term  the  Second  Assistant  Postmaster 
General  a  "mud  sill"  clerk.  That  kind  of  talk  might  have 
been  of  some  avail  twenty  years  ago  on  that  side  of  the 
House;  but  I  do  not  believe  that,  since  the  "late  unpleasant- 
ness," the  majority  of  my  friends  on  that  side  of  the  House 
believe  that  any  man  at  the  North  is  a  "mud  sill";  and  I 
.  should  think  the  gentleman  from  Kentucky  had  received 
lessons  enough  upon  that  question  himself  not  to  have  been 
found  upon  this  floor,  in  this  debate,  terming  an  officer  of 
the  United  States  Government  a  "mud  sill." 

I  do  not  believe  that  his  colleagues  will  agree  with  him, 
but  will  agree  with  me  that  this  language  was  uncalled  for 
and  unnecessary.  I  have  thought  it  proper  that  some  one 
should  make  at  least  some  reference  to  it,  so  that  the  epi- 
,thet  should  not  go  by  unchallenged. 

THE  WEST. 

During  a  discussion  in  1880,  in  the  House,  Mr.  Valentine 
found  a  legitimate  opportunity  to  publish  the  great  acquisition 
to  the  population  of  the  State  during  the  preceding  year,  which 
he  put  at  over  one  hundred  thousand.    He  said  of  a  committee: 

In  the  bill  they  undertake  to  say,  we  will  set  you  back 
where  you  were  sixteen  months  ago.  Now  sixteen  months 
in  the  great  West  is  a  long  time  to  our  people.  We  grow 
rapidly  in  sixteen  months,  and  our  wants  are  greatly  in- 
creased. Sixteen  months  in  the  West,  in  reference  to  its 
growth  and  wants,  are  as  sixteen  years  in  some  of  the 
Eastern  States. 

INDIGNATION. 

In  the  matter  of  a  contested  election  case,  the  gentleman  from 
Nebraska,  in  the  parlance  of  the  West,  "turned  himself  loose" 
at  the  conclusion  of  a  very  cogent  speech: 

If  the  Democracy  of  this  House  oust  the  sitting  member, 
a  Republican,  and  seat  the  contestant,  a  Democrat,  upon 
the  case  made  and  submitted,  it  will  be  a  most  damnable 
but  fitting  crown  of  infamy  to  place  upon  the  brow  of  a 
once  honorable  but  now  dishonored  and  rejected  party; 
and  thus  close  the  chapter  of  its  history  for  1880,  which  is 
one  of  fraud,  forgery  and  frustrated  ambition. 

28 


US  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

(  hi  railroads  and  agriculture  : 

Mr.  Reagan  calls  Agriculture  and  Commerce,  as  does  the 
gentleman  from  West  Virginia,  twin  sisters.  The  gentleman 
from  Texas  says  he  likes  bold  men,  chivalrous  men,  men 
who  have  the  courage  to  grapple  with  the  lion, — monopoly; 
and  yet  he  stands  on  this  floor  and  asks  you  gentlemen  to 
place  internal  commerce  as  a  division  alongside  agriculture. 
Why,  when,  where,  and  how,  at  any  time,  have  the  agri- 
culturists of  this  country  come  before  this  Congress  or  any 
other  and  by  a  lobby,  or  raising-  large  sums  of  money,  asked 
legislation  in  their  behalf?  And  yet  these  gentlemen,  who 
stand  here  and  cry  "Down  with  the  railroads,"  say,  "Take 
the  railroad  interest  of  this  country  and  place  it  alongside 
of  agriculture,  as  a  division  under  a  department  of  indus- 
tries." Why,  Mr.  Speaker,  how  long  do  you  suppose  the 
agricultural  lamb  would  exist  placed  alongside  of  the  rail- 
road lion? 

If  they-  are  set  side  by  side  in  one  department  of  the  Gov- 
ment,  is  there  a  man  here  who  does  not  honestly  believe 
that  inside  of  two  years  the  commerce  lion  would  eat  up, 
wool  and  all,  the  agricultural  lamb? 

In  vindication  of  a  division  of  statistics  he  said: 

Heretofore  the  agriculturists  of  this  land  have  had  no 
help  from  these  statistical  reports.  When  I  say  no  help,  I 
may  not  be  supposed  to  mean  just  what  I  say.  We  have 
had,  it  is  true,  a  report  coming  from  the  Agricultural  De- 
partment two  or  three  years  after  the  information  was 
gathered.  But  we  have  had  no  help  from  the  government 
to  give  the  farmers  a  knowledge  of  the  present  status  of 
their  crops.  Grain  speculators,  grain  gamblers,  have  held 
the  agriculturists  in  their  grip  for  years.  They  spend  thou- 
sands upon  thousands  of  dollars  to  send  agents  through  the 
entire  agricultural  regions  of  the  country.  If  they  desire 
to  work  upon  wheat,  they  send  their  agents  into  the  wheat 
regions;  if  upon  cotton,  they  send  their  agents  into  the 
cotton  regions;  and  they  know  by  the  time  the  crop  is 
gathered,  if  not  before,  what  the  crop  is.  We  want  the 
farmers  to  have  the  benefit,  if  there  be  any,  of  a  short  crop 
in  Europe  or  in  any  other  portion  of  the  world.  We 
mean  them  to  publish  a  market  report  that  is  authorita- 
tively furnished  by  the  Government  of  the  United  States, 
and  not  made  up  by  boards  of  trade  in  the  cities  of  Cin- 
cinnati, Chicago,  New  York — made  by  men  whose  only 
object  it  is  to  deceive  the  farmer  and  make  him  believe 
his  crop  is  only  worth  fifty  cents  on  the  bushel  when  it 
is  in  reality  worth  a  dollar. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  419 

LAND    SHARKS. 

Of  an  act  to  protect  settlers  on  public  lands  lie  said: 

Now  under  the  present  system,  while  relinquishment  pa- 
pers are  in  Washington  undergoing  this  long  and  tedious 
process  of  cancellation,  some  party  near  the  land  employs 
an  attorney  in  the  City  of  Washington,  who  visits  the  Gen- 
eral Land  Office  daily,  who  enters  his  name  as  an  attorney 
in  the  case. 

He  receives  notice,  when  the  entry  is  cancelled,  and  im- 
mediately telegraphs  to  his  man,  who  watches  the  land  office 
at  its  opening  day  by  day;  and  in  my  own  personal  experi- 
ence, while  register  of  a  land  office,  I  have  known  one  man 
to  be  there  thirty  consecutive  days  when  the  office  was 
opened.  This  person,  being  the  first  legal  applicant,  makes 
entry  and  defeats  the  title  of  the  man  who  has  paid  for 
the  improvement  on  the  land.  Thus  these  attorneys  or  land 
sharks,  in  this  city,  have  made  hundreds  and  thousands  of 
dollars  out  of  the  poor  homestead  settlers  of  the  West. 

The  bill  protecting  the  original  settler  was  passed,  providing 
for  a  thirty  days'  notice  to  the  settler  about  to  be  dispossessed, 
which  gave  an  opportunity  to  relocate  and  save  his  improve- 
ment, much  to  the  delight  of  the  member  from  Nebraska. 

PLEURO-PNEUMONIA. 

On  a  bill  to  prevent  the  spread  of  animal  diseases  the  House 
received  a  valuable  lesson. 

Mr.  Valentine:  During  the  Forty-sixth  and  Forty-sev- 
enth Congresses  I  had  the  honor  to  be  a  member  of  the 
Committee  on  Agriculture,  and  I  was  also  a  member  of  the 
sub-committee  having  in  charge  the  question  of  pleuro- 
pneumonia. I  had  very  much  desired  to  speak  at  length 
upon  this  bill  but  for  some  reason  or  other  the  gentleman 
in  charge  of  it  could  not  find  time  for  me. 

I  am  therefore  compelled  to  say  what  I  have  to  say  under 
the  five  minute  rule;  and  as  I  know  that  I  cannot  in  that 
time  say  what  I  would  like  to  say  touching  the  measure  I 
will  confine  myself  particularly  to  one  subject,  leaving  the 
discussion  of  the  constitutional  question  to  those  who  have 
addressed  the  committee  heretofore.  I  find  in  this  bill 
nothing  that  I  cannot  subscribe  to  with  reference  to  the 
constitution  of  this  country.  I  shall  not  stop  to  argue  the 
question,  but  merely  state  that  as  my  conclusion.  I  be- 
lieve that  the  people  of  this  country  are  in  immediate  need 


420  \i:i(RASKA   STATE  HISTORICAL  SOCIETY. 

of  the  passage  of  this  or  some  bill  which  will  regulate  this 
disease  of  pleuro-pneumonia.  While  this  bill  goes  further 
than  that,  and  provides  for  the  regulation  of  all  contagious 
and  communicable  diseases  among  animals,  I  shall  refer 
more  particularly,  in  the  short  time  I  have,  to  that  of 
pleuro-pneumonia.  About  a  year  ago,  or  a  little  more  than 
that,  some  citizens  of  Chicago  employed  one  of  the  most 
experienced  veterinary  surgeons  of  that  region  and  sent 
him  here.  He  came  to  see  me  and  asked  if  I  could  point 
out  to  him  the  section  of  this  country  where  pleuro-pneu- 
monia existed.  He  said  he  desired  to  examine  some  of  the 
cattle  affected  by  it.  I  told  him  he  could  find  them  here  in 
the  District,  or  he  could  go  across  a  few  miles  into  Mary- 
land and  find  there  plenty  of  cattle  affected  by  it. 

He  went  over  into  the  State  of  Maryland  and  found  he 
could  not  get  into  the  stables,  or  "corrals,"  as  we  term  them 
in  the  West;  that  the  State  of  Maryland  had  passed  a  law 
touching  the  matter  of  pleuro-pneumonia;  that  the  gov- 
ernor, under  the  provisions  of  that  act,  had  selected  a  state 
veterinary  surgeon;  that  they  found  that  the  disease  did 
exist;  that  they  had  taken  the  cattle  from  the  dairymen, 
slaughtered  them  and  paid  them  the  pittance  of  $10  each 
for  their  cattle.  Therefore  he  was  excluded  and  could  not 
reach  what  he  desired  in  that  way.  Then  he  went  down 
to  the  store,  and  got  a  pair  of  stoga  boots,  put  on  overalls, 
and  went  out  among  farmers  as  a  common  cow  doctor,  tak- 
ing some  prescriptions  of  charcoal  that  he  said  were  good 
for  that  disease.  In  that  way  he  got  into  the  good  graces 
of  the  farmers;  and  spent  more  than  sixty  days  investigat- 
ing the  question  of  pleuro-pneumonia.  And  he  found  that 
among  the  dairy  cattle  of  Maryland  in  the  region  surround- 
ing this  city  that  disease  existed  largely.  He  found  that 
when  these  cattle  became  so  thoroughly  diseased  that  they 
were  no  longer  fruitful  to  the  owners  for  giving  milk,  they 
were  sold  in  the  night  to  Jews,  and  taken  out  and  slaugh- 
tered and  sold  to  the  citizens  of  Baltimore  and  this  city 
for  beef.  I  say  the  members  of  Congress  should  not  sit  idle 
and  prate  about  the  constitution  in  the  consideration  of  a 
question  like  this.  They  should  do  something  to  relieve 
this  community  and  this  country  from  this  terrible  plague. 
I  have  no  doubt  that  to-day  you  are  drinking  the  milk  from 
cattle  affected  by  this  disease,  and  that  you  are  eating 
beef-steak  cut  from  them. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  421 


HON.  A.  J.  WEAVER. 

March  4th.  1S83— March  4th,  1887. 

Archibald  J.  Wearer  was  born  in  Susquehanna  County, 
Pennsylvania.  April  15.1844;  lived  on  a  farm  until  seventeen 
years  of  age;  then  entered  Wyoming  Seminary,  at  Kensington. 
Pennsylvania,  remaining  there  three  years  as  a  student  and  four 
years  as  a  teacher  of  mathematics;  in  1867  entered  the  law 
department  of  Harvard  University,  remaining  till  1869;  was 
admitted  to  the  bar  at  Boston  in  February,  1869,  and  immedi- 
ately removed  to  Nebraska,  settling  at  Falls  City  in  the  practice 
of  law;  was  a.  member  of  the  Constitutional  Convention  in  1871; 
in  1872  was  elected  District  Attorney  of  the  First  Judicial  Dis- 
trict; in  1875  again  member  of  a  Constitutional  Convention  and 
the  same  year  was  elected  Judge  of  the  First  Judicial  District, 
and  re-elected  in  1879,  holding  the  office  until  a  Representative  to 
the  48th  Congress;  and  was  re-elected  to  the  49th  Congress.  On 
account  of  the  rapid  increase  of  population  the  census  of  1880 
entitled  Nebraska  to  two  additional  members  of  Congress;  and 
accordingly  in  1882  Weaver  of  Richardson,  Laird  of  Adams,  and 
Valentine  of  Cuming  County,  were  elected.  This  gave  a  valuable 
combination  of  talent  and  experience.  Four  years  of  previous 
congressional  experience  made  Mr.  Valentine  a  valuable  worker; 
training  on  the  bench  prepared  Judge  Weaver  for  legal  investi- 
gations; while  a  vivid  fancy  and  impetuous  nature  made  Laird 
an  impromptu  orator  and  "picturesque  character." 

A  bill  being  before  the  House  for  the  protection  of  cattle 
from  ''contagious  diseases,"  and  men  from  Xew  England  argu- 
ing that  state  laws  could  answer  the  purpose,  Mr.  Weaver  ex- 
claimed: 

What  has  Massachusetts  of  the  cattle  industry  of  this 
country?  Not  enough  to  make  a  breakfast  for  the  people 
of  the  United  States.  In  Massachusetts,  if  all  the  steers 
and  stags  and  bulls  were  cows,  there  would  be  only  one 
cow  to  a  family  of  seven, — scarcely  enough  to  furnish  milk 
for  the  babies. 


122  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

Take  the  great  State  of  Nebraska  for  example,— with 
one-fourth  of  the  population  of  Massachusetts, — and  her 
700,000  head  of  cattle,  where  500  head  of  cattle  don't  make 
:i  large  herd,  but  where  a  single  herd,  under  one  charge, 
often  embraces  thousands  of  head.  How  does  the  argument 
apply  to  Kansas  with  her  1,500,000  head, — Illinois  with  her 
2,500,000  head — to  Missouri  with  her  2,000,000  head,  and  to 
any  of  the  great  cattle  growing  states  of  the  West? 

The  magnitude  of  the  industry,  and  the  danger  from  Texas 
fever,  admonished  him  that  only  the  interposition  of  Congress, 
under  the  clause  of  the  constitution  for  the  regulation  of  "in- 
terstate commerce,"  could  meet  the  emergency. 

THE  VOICE  OF  VANDERBILT  THE  VOICE  OF  GOD. 

Judge  Weaver  was  conspicuous  in  the  debates  upon  land 
grants  to  railroads,  and  all  questions  relative  to  the  administra- 
tion of  the  public  domain.  He  took  a  very  active  part  in  the 
passage  of  a  bill  to  regulate  railway  charges  upon  lines  passing 
into  and  through  states,  and  illuminated  his  precise  judicial 
style  with  a  flash  of  irony  in  the  following  paragraphs: 

Mr.  Brown  goes  so  far  as  to  argue  that  Congress  has  no 
power  to  pass  any  bill  interfering  with  or  regulating  trans- 
portation of  freight  from  state  to  state;  but  does  make 
one  strong  admission,  which  forever  ought  to  set  the  Ameri- 
can people  at  ease,  and  operate  as  an  estoppel  against  any 
railway  seeking  to  gainsay  the  proposition,  namely,  that 
Congress  has  the  power  to  appoint  its  agents  for  gathering 
statistical  information  in  reference  to  any  branch  of  indus- 
try; so  that  if  we  never  succeed  in  passing  this  or  any 
other  bill,  we  have  at  least  secured  a  concession  of  a  repre- 
sentative of  6,000  miles  of  railroad  that  Congress  may  go 
into  the  statistical  business  with  perfect  safety.  The  gen- 
tleman evidently  thinks  the  creature  is  bigger  than  the 
Creator  and  has  reversed  the  adage,  vox  populi,  vox  Dei,  and 
come  to  the  conclusion  that  the  voice  of  Vanderbilt,  Gould 
and  Huntington  is  the  voice  of  God. 

COINAGE   OF    SILVER. 

During  the  first  session  of  the  49th  Congress  he  delivered  a 
very  comprehensive  speech  for  the  "free  coinage  of  silver." 

In  the  opening  sentence  he  charged  "a  conspiracy  to  double 
the  national  burden  and  the  industries  of  the  country,  by  mak- 
ing money  dear,  and  all  species  of  property  cheap." 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  423 

i 

Continuing  he  said: 

Who  has  ever  seen  gold  dollars  doing-  the  business  of  this 
country?  Gold  is  not  the  money  that  keeps  alive  the  thou- 
sand industries  that  supply  bread  for  the  sustenance,  and 
clothes  for  the  protection  of  the  millions. 

After  a  very  thorough  statement  of  our  money  supply,  the 
value  of  our  property  subject  to  taxation,  the  increase  of  our 
population,  commerce,  manufactures  and  agriculture,  and  a 
comparison  of  them  all  with  the  great  nations  of  the  civilized 
world,  there  followed  the  emphatic  declaration: 

From  the  standpoint  of  national  indebtedness,  alone,  we 
can  readily  see  how  impracticable  it  is  to  undertake  to  erect 
a  single  standard  of  gold;  but  when  we  go  a  step  further 
and  consider  mechanical,  corporate  and  private  indebted- 
ness, and  then  consider  the  amount  of  gold  there  is  in  the 
world,  together  with  the  annual  product,  the  proposition 
appears  too  absurd  to  discuss. 

He  knew  of  but  one  firm  of  New  York  brokers  "who  have 
shown  the  manhood  to  expose  the  fallacies  of  this  great  cry 
against  silver,"  and  he  added  to  his  speech  their  very  compre- 
hensive circular. 

Mr.  Weaver:  Mr.  Speaker,  there  is  no  use  in  urging  this 
question  with  a  view  to  convincing  money  kings  of  this 
country.  Their  whole  put  pose  is  to  steal  something  by  legis- 
lation, by  act  of  Congress.  Nothing  seems  to  satisfy  their 
■ambition  but  gold.  Love  of  country — patriotism — a  desire 
for  the  prosperity  of  the  masses  never  found  lodgment  in 
their  ignoble  souls. 

Favoritism  must  stop.  The  representatives  of  the  people 
must  correct  the  existing  evils  and  legislate  for  the  masses, 
or  in  absence  of  this,  when  there  shall  be  no  other  hope, 
the  barefooted  militia  will  come  down  from  the  hills  and 
take  charge  of  the  Capitol. 

logan  memorial  occasion. 
Mr.  Weaves  : 

John  A.  Logan  dead!  no,  not  dead! 

"There  is  no  death! 
What  seems  so  is  transition: 

This  life  of  mortal  breath 
Is  but  a  suburb  of  the  life  elysian. 

Whose  portal  we  call  death." 


424  NEBRASKA    STATE   HISTORICAL 'SOCIETT. 

The  noble  traits  of  John  A.  Logan  have  been  indelibly 
stamped  upon  the  hearts  of  the  American  people.  His  whole 
life  .is  warrior  and  statesman  was  dedicated  to  giving  full 
force  and  significance  to  the  affirmation  of  the  Declaration 
of  Independence — "That  all  men  are  created  equal;  that 
they  are  endowed  by  their  Creator  with  certain  unalien- 
able rights;  that  among  these  are  life,  liberty  and  the  pur- 
suit of  happiness."  When  that  mighty  effort  for  the  destruc- 
tion of  constitutional  liberty  had  well  nigh  sapped  the 
fo\indations  of  this  Republic,  when  weak  and  wavering  men, 
to  avoid  the  terrible  consequences  of  war,  were  willing  to 
make  concessions,  looking  to  the  separation  of  this  Union, 
then  it  was  that  John  A.  Logan,  rising  above  all  considera- 
tions of  party  policy,  inspired  by  a  patriotism  and  love  of 
country  as  fervent  as  that  which  moved  the  heart  of  Wil- 
liam Wallace  to, strike  mightily  for  freedom  of  his  country- 
men, then  it  was,  I  say,  that  this  great  warrior  and  states- 
man breathed  upon  the  discontented  and  wavering  element 
of  his  own  party  utterances  of  such  pure  and  patriotic  devo- 
tion to  his  whole  united  country  as  will  make  his  memory 
as  lasting  and  imperishable  as  the  Republic  itself. 

The  noble  traits  of  his  character  in  his  devotion  to  his 
country  were  made  more  conspicuous  because  of  his  life- 
long affiliation  with  a  party  that  was  now  engaged  in  a  war 
for  the  destruction  of  the  Union  and  the  dedication  of  one 
part  thereof  to  human  slavery. 

Before  the  bugle  blast  of  war  had  called  any  of  our 
country's  defenders  to  the  field,  but  when  every  movement 
of  the  discontented  element  attested  the  fearful  truth  that 
civil  war  with  all  its^  dire  consequences  was  about  to  test 
the  national  bond,  upon  this  floor,  in  February,  1861,  John 
A.  Logan  said:  "I  have  been  taught  that  the  preservation 
of  this  glorious  Union,  with  its  broad  flag  waving  over  us  as 
the  shield  of  our  protection  on  land  and  sea,  is  paramount 
to  all  parties  and  platforms  that  ever  have  existed  or 
ever  can  exist.  I  would  to-day,  if  I  had  the  power,  sink 
my  own  party  and  every  other  one  with  all  their  platforms 
into  the  vortex  of  ruin,  without  heaving  a  sigh  or  shedding 
a  tear,  to  save  the  Union,  or  even  to  stay  the  revolution 
where  it  is." 

This  was  but  a  patriotic  declaration  before  the  clash  of 
arms;  but  in  confirmation  of  his  entire  consecration  and 
devotion  to  the  preservation  of  the  Union  we  have  only  to 
let  impartial  history  bear  witness.  Not  content  to  serve 
his  country  in  the  halls  -of  Congress  away  from  the  exposure 
and  danger  of  shot  and  shell,  this  brave  man  rushed  into 
the    thickest    of    the    battle.      Where    Logan    went    victory 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  425 

perched  upon  the  stars  and  stripes.  He  was  the  inspiration 
and  his  soldiers  followed  him  into  battle  with  a  spirit  of 
confidence  and  determination  that  knows  no  defeat. 

From  whatever  cause  that  may  be  assigned  by  the  faith- 
ful chronicler  of  events,  yet  no  one  will  ever  attempt  to 
gainsay  that  where  John  A.  Logan  went  there  was  victory,— 
there  was  fighting.  He  was  one  whose  presence  meant  a 
contest,  a  struggle  to  the  death.  Let  Belmont  and  Donelson 
and  Vicksburg  and  Corinth,  and  Champion  Hill  and  other 
battlefields  attest  to  the  truth  of  the  allegation. 

In  that  contest  for  the  preservation  of  the  Nation,  for 
right  against  wrong,  for  freedom  against  slavery,  for  all 
that  was  good  and  pure  and  noble,  against  all  that  was 
wicked  and  wrong  and  oppressive,  wherein  from  the  begin- 
ning of  the  contest  to  the  close  more  than  two  and  one-half 
million  of  citizen  soldiers  placed  their  lives  upon  the  altar  of 
their  country  in  the  contest — we  do  know  that  John  A. 
Logan  was  the  greatest  volunteer  soldier,  the  greatest  com- 
mander taken  from  civil  life.  He  was  the  recognized  leader 
of  that  great  army  of  volunteer  soldiers,  and  from  the  close 
of  the  war  has  been  the  defender  and  champion  of  the 
cause  of  the  common  soldier  in  the  Congress  of  the  United 
States.  The  defenders  of  our  common  country  whose  valor 
has  been  attested  on  a  hundred  battlefields  have  lost  their 
greatest  friend  and  our  country  has  lost  a  great  warrior 
and  pure  statesman.  John  A.  Logan  has  been  in  the  public 
service  almost  continuously  for  more  than  thirty  years,  and 
during  all  these  years  of  faithful  service  his  conduct  has 
been  so  pure  that  not  even  a  suggestion  of  corruption  was 
ever  associated  with  his  name.  His  mission  in  life  was  not 
a  struggle  for  the  accumulation  of  gold.  He  sought  not  to 
pacify  his  conscience  with  the  gilded  bubble  of  wealth;  he 
neglected  not  the  elements  of  intellectual  and  moral  great- 
ness for  the  sordid  and  perishable  things  of  time.  His  whole 
life  was  dedicated  to  his  country,  to  human  rights,  to  mak- 
ing more  firm  and  lasting  the  foundations  of  this  Republic. 
He  has  woven  his  name  in  history  with  illustrious  and 
praiseworthy  deeds.  Oh,  that  we  had  more  Logans  in  the 
public  service!  More  whose  every  thought  and  every  effort 
were  given  to  the  discharge  of  public  duty;  more  who 
sought  no  opportunity  from  public  position  to  secure  ill- 
gotten  gains  to  the  detriment  of  the  general  public;  more 
who  come  to  high  public  place  because  the  public  demand 
their  service  and  not  because  the  place  is  made  the  sub- 
ject of  barter  or  to  serve  some  special  interest. 


426  NEBRASKA   STATE   HISTORICAL  SOCIETY. 


HON.  JAMES  LAIRD. 

March  4th,  1S83— March  4th,  1889. 

A  formal  biographical  sketch  of  Mr.  Laird  is  here  omitted  in 
order  to  avoid  repetition,  since  both  Mr.  Connell,  his  colleague, 
and  Mr.  Laws,  his  successor,  incorporated  his  personal  history 
in  their  memorial  addresses  of  him,  which  immediately  follow 
this  article.  To  eliminate  it  from  their  tributes  would  materially 
mar  their  productions.  But  an  extract  from  the  contribution  of 
the  Hon.  Mr.  Cutcheon,  the  venerable  preceptor  of  his  brothers, 
in  connection  with  the  tender  words  of  his  comrade,  Representa- 
tive Tarsney,  make  a  valuable  introduction. 

TRUTH  STRANGER  THAN  FICTION. 

Mr.  Cutcheon,  of  Michigan:  Mr.  Speaker,  I  shall  not  on 
this  occasion  indulge  in  any  extended  eulogy  of  our  deceased 
colleague.  When  I  first  entered  this  hall  as  a  member  of 
this  House  in  December.  1883,  one  of  the  first,  members  to 
greet  me  was  our  deceased  friend  and  colleague,  James  Laird, 
of  Nebraska.  Our  previous  acquaintance  had  been  nominal 
only.  The  interest  which  I  took  in  him  and  which  he  took 
in  me  had  been  vicarious  rather  than  personal.  When  as  a 
young  man,  in  1S59,  I  left  the  halls  of  my  alma  nutter,  the 
University  of  Michigan,  and  became  principal  of  a  small 
academy  in  southern  Michigan,  I  found  there  two  young 
men  by  the  name  of  Laird;  and  before  the  close  of  the  term 
there  came  with  them,  to  attend  the  closing  exercises,  a 
lad,  as  small  almost  as  the  smallest  of  these  pages;  who  I' 
afterwards  found  was  their  brother.  I  lost  sight  of  him 
then  and  never  to  my  knowledge  met  him  again  personally 
until  he  came  to  me  in  this  chamber,  and  introduced 
himself  as  the  same  lad,  James  Laird.  In  the  meantime  the 
two  brothers  who  had  been  under  my  instruction  both  died 
in  the  cause  of  the  Union,  as  soldiers  in  the  army.  This 
trifling  circumstance  of  our  first  meeting  was  the  slender 
thread  that  bound  us;  but  when  we  found  ourselves  a  few 
weeks  later  in  adjacent  seats  at  the  same  committee  table, 
where  we  served  together  continuously,  side  by  side,  for 
six  years,  this  beginning  of  acquaintanceship  ripened  into 
a  friendship  which  lasted  as  long  as  life  endured.     On  the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  427 

very  first  occasion  in  which  I  participated  on  this  floor  I 
found  my  colleague  and  myself  upon  opposite  sides  of  the 
question.  I  discovered  on  that  occasion  the  quality  of  his 
steel.  It  was  that  debate,  now  historical,  in  regard  to  the 
restoration  to  the  army  of  General  Fitz-John  Porter.  Mr. 
Laird  had  left  his  home  when  a  mere  boy  (I  think  about 
thirteen  years  of  age),  and  enlisted  in  the  16th  Michigan 
Infantry;  had  gone  to  the  front  and  become  one  of  that 
5th  Army  Corps  which  was  then  under  the  command  of 
Oeneral  Porter.  So  when  he  found  his  old  chieftain  attacked 
here,  with  all  the  enthusiasm  of  his  boyish  admiration  and 
love,  and  with  all  the  vigor  and  strength  of  his  manhood 
he  came  to  his  defense.  I  never  ceased  to  admire  and 
respect  the  chivalry,  the  earnestness  and  the  enthusiasm 
of  the  man.  Whenever  he  participated  in  debate  his  methods 
were  earnest,  direct  and  eloquent.  There  was  in  his  voice 
the  sound  of  the  ring  of  the  sabre;  there  were  in  his  utter- 
ances the  rattle  of  the  small  arms  in  battle. 

In  the  committee  room  we  found  him  always  attentive  to 
his  duties;  always  faithful  to  each  trust  reposed  in  him; 
laborious  and  careful  in  the  examination  of  his  facts,  but 
"when  his  mind  was  made  up,  earnest  and  pertinacious  in 
the  defense  of  that  which  he  believed  to  be  right. 

TWO  HEARTS   AS   ONE. 

Mr.  Tarsney:  Mr.  Speaker,  as  I  stand  here,  as  it  were, 
over  the  open  grave  of  James  Laird,  it  is  not  of  the  lawyer, 
the  orator  or  the  statesman  I  am  thinking.  It  is  not  in  any 
of  these  characters,  though  he  was  great  in  all,  that  he  is 
recalled  to  me.  I  see  him  now  as  the  playmate  of  my  ear- 
liest boyhood  days,  the  companion  and  schoolmate  of 
my  riper  youth,  and  the  comrade  of  the  years  that  fol- 
lowed in  the  field  of  arms.  James  Laird  was  born  in  the 
State  of  New  York,  but  when  a  mere  child  his  parents 
removed  to  Hillsdale  County,  Michigan,  then  almost  a  wilder- 
ness. His  father  was  a  native  of  Scotland,  a  minister  of 
the  Presbyterian  faith,  a  man  of  great  intellectual  power 
and  of  wonderful  eloquence,  qualities  richly  inherited  by 
his  son.  In  that  same  wilderness,  with  only  the  advantages 
and  comforts  afforded  in  a  pioneer  community,  we  passed 
the  first  years  of  our  lives  together  in  attending-  the  district 
school.  The  village  academy  followed  the  district  school, 
and  then  came  the  war  with  its  tests  for  separating  the 
gold  from  the  dross  of  American  manhood.  In  1862  we 
both  entered  the  army.  In  one  of  the  first  regiments  to 
leave  the  State  at  the  beginning  of  the  war  each  of  us  had 
two    elder   brothers.      In    this    organization    I    enlisted    and 


f_>  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

• 
joined  his  brothers  and  my  own;  he  enlisted  in  another  regi- 
ment, but  we  were  not  separated,  for  .our  regiments  were 
assigned  to  the  same  division. 

Following  every  battle  in  which  we  were  engaged,  scarcely 
would  the  tiring  cease  when  he  would  come  with  anxious,. 
loving  heart  to  find  how  fared  it  with  those  he  loved.  Once, 
sir.  for  him  there  was  a  sad  coming;  it  was  on  the  night 
that  followed  that  dread  day  of  the  2nd  of  July  at  Gettys- 
burg. He  came  to  find  a  brother  dead;  a  friend  he  loved 
missing,  and  his  fate  unknown.  Sir,  the  iron  of  the  sorrow 
of  that  dread  night  entered  his  soul  and  never  departed, 
I >ut  remained  a  living  sorrow  to  the  last  day  of  his  life. 

ELOQUENT  DEFENSE  OF  FITZ-JOHN  PORTER. 

The  appearance  of  Mr.  Laird  as  a  speaker  before  the  House  of 
Representatives,  sixty  days  after  the  commencement  of  the  first 
session  of  the  48th  Congress,  February  1st,  1884,  deserves 
special  notice,  inasmuch  as  he  was  about  to  vote  with  the  entire 
party  in  opposition,  and  to  incur  the  charge  of  having  failed  to 
sustain  his  own  party,. and  run  the  risk  of  future  political  dis- 
cipline. 

For  twentv-one  vears  General  Fitz-John  Porter  had  suffered 
under  the  penalty  of  a  court-martial,  and  during  all  that  time, 
the  democratic  party  had  agitated  a  reversal  of  the  penalty. 

A  bill  for  his  restoration  to  the  army  and  his  retirement  from 
active  duty  being  before  the  House,  Mr.  Laird  defined  his  posi- 
tion: 

Mr.  Chairman,  believing  as  I  do.  that  there  is  no  place 
where  the  honor  of  an  American  soldier  should  be  so  safe  as 
in  the  hands  of  the  Representatives  of  the  whole  American 
people,  I  desire  to  say  before  the  vote  is  cast,  that  I  shall 
vote  first,  last,  and  all  the  time  for  the  vindication  of  the 
honor  of  General  Fitz-John  Porter.  [Applause.]  And  let 
me  remark  to  the  gentlemen  who  seek  to  bring  the  menace 
of  future  punishment  to  bear  upon  the  discharge  of  present 
duty,  that  if  I  knew  this  act  of  mine  would  end  my  bodily 
existence,  as  you  say  it  may  end  my  official  one,  then  still 
would  I  do  it;  and  I  would  thank  God  that  my  loyalty  to 
my  country,  as  I  understand  her  honor;  that  my  loyalty  to 
my  general,  as  I  understand  my  duty:  that  my  loyalty  to 
truth  as  I  know  it  to  be,  was  strong  enough  to  lift  my  con- 
duct above  the  possibility  of  ignominious  change  to  come 
from  cowardly  considerations  affecting  my  life  or  future 
condition. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  429 

I  do  this  not  because  I  am  guided  by  the  judgment  of  the 
Schofield  board,  or  the  statement  of  Ulysses  S.  Grant,  for 
I  have  not  read  the  one,  and  have  never  considered  the 
other.  Nor  are  the  convictions  that  I  here  hastily  express 
the  growth  of  a  day;  they  are  as  old  as  the  injustice  he  has 
suffered.  I  do  it,  because  I  was  with  Fitz-John  Porter  from 
the  siege  of  Yorktown  until  the  attack  of  the  enemy  across 
the  Chickahominy;  from  that  attack  to  the  battle  of  Han- 
over Court  House,  and  from  that  to  Mechanicsville,  from 
that  to  Gaines  Mill,  and  throughout  his  career  except  when 
I  was  disabled  by  wounds  [Applause] ;  and  I  want  to  say, 
Mr.  Chairman,  it  is  my  deliberate  judgment,  speaking  of 
what  I  know  of  Fitz-John  Porter,  that  in  all  the  great 
battles  of  the  English-speaking  race,  from  Bannockburn  to 
Gettysburg,  there  has  not  been  made  by  soldier  a  record 
which  demonstrates  greater  loyalty  to  the  cause  of  his 
country  than  that  made  by  Fitz-John  Porter.  Having  seen 
him  on  all  his  battle  fields,  I  believe  it  can  be  said  of  him 
in  action  as  was  said  of  the  soldier  of  old:  "He  was  swifter 
than  an  eagle;  he  was  stronger  than  a  lion;  and  from  the 
blood  of  the  slain  and  the  fat  of  the  mighty  his  sword 
returned  not  empty." 

After  handsomely  parrying  a  question  which  a  member  pro- 
pounded, and  eulogizing  Porter  in  case  of  an  order  to  "Charge 
bayonets,''  he  exclaimed:  "Was  that  the  language  and  conduct 
of  a  traitor  and  a  coward?  Since  the  Dutch  king  proclaimed 
that  he  would  tear  down  the  dikes  and  let  in  the  ocean  there  has 
not  been  a  braver  speech."  Claiming  the  right  of  a  subordinate 
officer  to  some  discretion  in  the  enforcement  of  a  superior's 
orders  he  concluded  in  the  following  strain: 

Let  the  advocates  of  "no  discretion"  tell  me  if  their 
science  of  war  teaches  that  subordinates,  in  the  face  of  bet- 
ter knowledge,  shall  obey  murderous  orders,  and  slaughter 
thousands   and   stand   guiltless  in   history? 

One  word  to  the  gentleman  from  Indiana.  You  say  that 
Lincoln  approved  the  sentence  of  the  court-martial  with  a 
full  knowledge  of  all  the  evidence.  I  deny  it.  Abraham 
Lincoln,  "So  slow  to  smite,  so  swift  to  spare,  so  great  and 
merciful  and  just,"  never  approved  that  sentence  with  a 
knowledge  of  the  evidence.  I  love  the  memory  of  the  dead 
Lincoln  and  all  who  died  with  him  for  the  greatest  cause 
that  ever  moved  mankind,  and  I  love  the  honor  of  the  flag 
and  the  nation  for  which  they  died,  and  because  I  do,  I  vote 
for  the  passage  of  the  bill.     [Applause.] 


430  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

I  raring  i  his  session  he  served  upon  the  committees  of  pensions; 
and  military  affairs;  presented  twenty  bills  and  joint  resolu- 
tions; fifteen  petitions;  made  seven  reports  from  the  military 
committee  and  fifteen  from  that  on  pensions;  and  engaged  in 

fourteen  discussions. 

RHETORICAL  MONUMENT  TO  THE  PIONEER. 

During  the  second  session  of  the  48th  Congress,  on  a  bill  to> 
relieve  settlers  from  conflict  with  Railroad  Claims,  we  have: 

Mr.  Speaker,  is  it  for  this  the  pioneer  has  fought?  Is 
there  no  voice  that  pleads  his  cause  who  bravely  holds  his 
way  along  the  front  of  civilization,  laying  deep  and  strong 
the  foundations  of  a  mighty  state?  From  the  toil  and  strife 
of  these  men  sprang  Kansas  and  Nebraska,  the  first  anti- 
.  slavery  states,  even  as  in  the  olden  time  sprang  the  aveng- 
ing Marius  from  the  "dust  and  ashes."  Thus  born  into  the 
sisterhood  of  states,  they  have  bloomed  as  might  two  pur- 
ple flowers  rooted  in  a  pool  of  human  blood.  We  know 
there  is  nothing  in  all  the  unstoried  greatness  of  this  class 
that  of  itself  alone  should  speak  to  the  judicial  mind,  but 
when  laws  are  passed  for  their  protection  it  is  meet  that 
those  who  sit  upon  the  softly-cushioned  seats  of  advantage 
should  heed  those  laws  in  a  contest  between  abstractions 
(corporations)  and  such  men.  The  human  being  is  entitled 
to  the  benefit  of  the  doubt;  by  how  much  more  is  he  en- 
titled to  the  benefit  of  the  written  law! 

These  settlers  read  the  laws  of  Congress  granting  home- 
steads and  pre-emptions  to  actual  settlers;  they  read  the 
instructions  of  the  Department  of  the  Interior,  and  they 
saw  that  they  were  within  these.  They  read  the  platform, 
of  the  great  Republican  party  which  promised  them  the 
earth  if  they  would  vote  the  straight  ticket,  and  then  they 
read  the  platform  of  the  great  Democratic  party  which 
promised  them  not  only  the  earth,  as  the  other  platform 
did,  but  everything  over  it  and  under  it,  and  they  said,  "We 
are  safe;  our  friends  the  politicians  will  take  care  of  us," 
and  they  are  still  strong  in  their  faith;  they  still  hope  to 
"read  their  title  clear"  in  the  light  of  your  promises;  they 
Still  believe  that  Congress — this  Congress,  gentlemen — want 
to,  and  will  do  what  is  right.  And  so  they  come,  stripped 
by  legal  jugglery  of  their  homes, — your  "glorious  birth- 
right of  the  free"  of  the  platforms  and  preambles, — and 
holding  forth  their  empty  parchments  ask  you  if  you  talk 
to  them  in  two  languages;  they  demand  that  you  make  good 
in  this  foul  day  the  fair  weather  promises  of  the  laws  and 


MEMBERS    OP    U.  S.  HOUSE    OF    REPRESENTATIVES.  431 

the  decisions  of  the  great  heads  of  departments;  they  ask 
that  we  be  big-  enough  to  do  justice  to  the  poor  pre-emptor, 
homesteader,  purchaser,  farmer,  even  as  to  the  great  rail- 
road corporations;  they  ask  that  we  be  estopped  from 
taking  advantage  of  our  own  wrong,  and  profiting  by  the 
deceiving  advice  and  decisions  of  our  troubled  agents.  They 
ask  this,  "these  brave  sons  of  earth,"  and  with  them  join 
the  voices  of  half  a  million  of  Union  veterans,  robbed  also 
of  their  rights  by  the  "law's  delay."  Thousands  of  pioneers 
and  frontiersmen,  men  in  Nebraska  and  Kansas,  and  in  all 
the  states  and  territories  west  of  the  Missouri  River,  whose 
all  was  swallowed  up  in  the  flames  of  border  savage  war, 
and  to  whom  the  Nation,  by  its  settled  policy,  owes  redress, 
join  thousands  of  others,  to  whom  the  Nation  justly  owes 
millions,  in  asking-  speedy  justice. 

They  ask,  and  if  their  most  just  demands  be  not  answered 
by  fulfillment  it  will  become  us  all  "to  look  that  our  walls 
be  strong,"  for  when  they  shall  have  roused  the  "sleeping 
thunder"  of  public  opinion  on  the  question  of  their  rights, 
there  will  come  a  change  indeed  over  the  face  of  things 
political  and  then  this  penal  blindness  to  their  rights  will 
cease. 

MY  COMRADES. 
Mr.  Speaker,  these  men  are  my  constituents;  they  are 
more,  my  neighbors;  they  are  still  more,  my  comrades,  for 
in  the  heroic  days  nearly  nine-tenths  of  them  were  Union 
soldiers.  This  will  not  prejudice  their  case  with  you  men 
of  the  South,  for  you  were  brave,  and  must  be  generous 
and  just.  Nearly  all  of  those  for  whom  I  plead  are  known 
to  me  personally,  and  accordingly  I  take  a  keen  and  per- 
sonal interest  in  their  rights  and  wrongs.  I  have  known 
them  from  the  "ground  up,"  for  I  knew  them  when  they 
lived  in  the  earth,  in  "dug-outs,"  and  have  watched  thena 
for  years,  as  they  spread  the  seed  and  gathered  the  harvest 
which  was  the  trust  of  the  armies  of  laborers  of  the  world. 
They  have  fought  a  brave  fight  and  redeemed  the  desert  of 
twenty  years  ago.  They  are  of  the  class  of  men  that  Miller 
saw  when  he  wrote  these  lines: 

"A  race  of  unnamed  giants  these, 
That  moved  like  gods  among  the  trees, 
So    stern,    so    stubborn — broad    and    slow, 
With  strength  of  black-maned  buffalo, 
And  each  man  notable  and  tall, 
A  kingly  and  unconscious  Saul, 
A  sort  of  sullen  Hercules." 

They  are  not  mendicants,  for  when  the  hell-blasts  of  the 
drought  and  clouds  of  locusts  a  few  years  ago  reduced  them 
to  starvation  they  made  no  sign,  and  asked  no  aid  of  the 


432  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

Government,  as  did  those  who  saw  their  all  devoured  by 
flames  in  Michigan  or  swept  away  by  the  floods  of  the  Ohio 
and  the  Mississippi.  They  fought  their  battle  alone,  and 
what  they  ask  now  they  aslc  not  as  alms  but  as  justice, 
and  to  that  answering  justice  in  your  conscience  I  commit 
their  case,  only  regretting*  that  my  condition  physically 
perhaps  unfits  me  to  represent  them  on  this  floor  as  they 
deserve  to  be  represented. 

RICHARD    IS    HIMSELF    AGAIN. 

During  the  49th  Congress  another  opportunity  offered  for  a 
burst  of  patriotic  eloquence  in  behalf  of  promoting  and  retiring 
Col.  Hunt,  a  Chief  of  Artillery,  of  whom  Mr.  Laird  said : 

General  Hunt,  at  the  head  of  your  artillery  service,  at 
the  battle  of  Gettysburg,  so  massed  his  batteries  upon  Cem- 
etery Eidge,  that  Pickett's  splendid  charge  broke  harm- 
lessly; bloody  wave  on  top  of  bloody  wave,  against  the  foot 
of  Cemetery  Eidge,  where  Hunt's  artillery  stood.  The  sa- 
gacity of  that  officer,  upon  that  field,  in  reserving  his  am- 
munition for  the  Confederate  infantry,  may  have  made  it 
possible  for  the  flag  of  the  Union  to  float  in  peace  above  the 
Capitol   to-day. 

A  pension  bill  also  made  applicable  the  quotation,  "Richard 
is  himself  again." 

Of  the  fiery  attack  upon  the  Commissioner  of  the  General 
Land  Office,  during  the  49th  Congress,  and  the  most  annoying 
documentary  reply,  resulting  in  a  case  of  assault,  no  record 
need  be  made,  as  it  was  local,  temporary  and  sporadic. 

BOLD,    DEFIANT,    ELOQUENT. 

Early  in  the  first  session  of  the  50th  Congress  a  proposition 
was  before  the  House,  to  allow  a  clerk  to  each  member.  In  its 
behalf  it  was  argued,  that  it  "would  be  a  measure  of  economy  to 
the  entire  people,"  and  would  "place  every  member  of  the  House 
on  an  equality,"  #as  fifty-four  chairmen  of  committees  were  al- 
ready supplied  with  clerks,  and  that  it  would  put  the  poor  mem- 
bers on  an  equal  footing  with  the  rich,  who  were  able  to  pay  for 
clerks  out  of  their  own  funds,  and  could  thereby  be  exempt  from 
making  the  daily,  perpetual  rounds  of  the  departments,  looking 
up  the  personal  business  of  their  constituents. 

Against  the  proposition  was  paraded  the  bugbear  of  "salary 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  433 

grab/'  and  that  its  defense  involved  kta  defiant  course  of  conduct 
in  reference  to  public  opinion."  On  the  question  the  member 
from  Nebraska  held  and  uttered  decided  views. 

Mr.  Laird:  Mr.  Speaker,  I  have  never  yet  set  the  fear  of 
political  punishment  as  a  guard  over  my  conscience  upon 
the  question  of  the  discharge  of  my  duty  as  between  myself 
and  my  constitiients.  I  shall  not  begin  to-day,  and,  if  the 
opportunity  offers,  I  shall  vote  for  the  passage  of  this 
resolution,  because  I  believe  it  involves  as  much  as  any 
measure  of  this  kind  that  can  come  before  the  House  the 
question  of  the  efficiency  of  the  Representative.  Some  of 
us  represent  here  64,000  votes,  cast  for  the  opposing-  candi- 
dates and  for  ourselves,  involving,  by  fair  political  calcula- 
tion, a  population  of  250,000  or  300,000  people. '  Can  a  man 
upon  whose  shoulders  these  responsibilities  are  flung,  the 
details  of  which  have  been  so  well  described  by  gentlemen 
here  upon  the  floor — can  such  a  man  evolve  from  out  of  the 
multitude  of  cares  bearing'  upon  him  the  time  and  thought 
to  investigate  the  great  appropriation  bills  which  carry 
three  hundred  and  odd  millions  of  dollars?  Can  a  man  so 
situated  find  time  to  investigate  the  intricacies  of  the  land 
policy  and  the  laws  incident  thereto,  which  govern  the  west- 
ern country,  from  which  many  of  us  come,  and  the  vast 
unappropriated  public  domain  of  the  Nation?  Can  a  man 
with  all  these  cares  upon  his  mind  and  his  conscience  find 
time  to  follow  up  the  action  of  the  great  commission  which 
was  raised  not  long  ago  for  the  purpose  of  regulating-  the 
infinitely  delicate  relations  between  the  people  and  the 
instruments  of  commerce  which  control  the  carriage  of  the 
vast  quantities  of  material  that  pass  continually  from  the 
East  to  the  West  and  from  the  West  to  the  East?  Can  he 
find  time  to  discuss  conscientiously  and  intelligently  almost 
any  one  of  the  fifty  subjects  which  for  their  comprehension 
might  require  a  year  of  careful  study?  There  are  laid  upon 
him  such  burdens  of  detail  that  he  is  night  and  day  the 
yoke-fellow  of  toil.  So  heavy  is  the  weight  of  business 
pressing  upon  us  that  there  is  not  one  of  the  members  from 
the  western  section  of  this  country  who,  if  his  physical  sys- 
tem could  bear  the  strain,  might  not  go  home  to-night  and 
sit  down  with  his  stenographer  (if  he  is  able  to  have  one) 
and  toil  on  till  midnight  or  till  morning-,  and  in  the  morning 
go  to  the  departments  and  follow  out  the  details  of  errands 
there,  and  then  come  to  his  seat  here  in  this  House — for 
what  purpose?  To  echo  the  intelligent  sentiment  of  the 
two  or  three  hundred  thousand  people  he  may  represent 
upon  the  great  questions  requiring  action  at  the  hands  of 

•29 


4."»4  MT.KASKA    STATE    HISTORICAL   SOCIETY. 

Congress?  No;  to  echo  the  decision  formulated  in  a  com- 
mittee room — in  the  committee  room  of  the  Appropriations 
Committee,  dominated  possibly  by  one  man  who,  under  the 
influence  of  a  habit  of  thought,  has  come  to  rule  the  com- 
mit Ire  and  rule  the  country,  and  rule  the  millions  of  money 
that  are  poured  out  by  the  Government. 

I  submit,  sir,  that  the  question  here  is  one  of  efficiency; 
and  I  conclude  as  I  began:  Never  yet  have  I  set  the  fear  of 
future  political  punishment  as  a  guard  over  my  conscience; 
and  I  will  not  do  it  to-day. 

THE   SURPLUS. 

On  a  question  for  paying  a  citizen  of  the  South,  for  army  sup- 
plies, taken  without  Aouchers  delivered,  Mr.  Laird  said: 

I  was  reminded,  during  the  discussion  of  this  question, 
by  the  gentleman  from  Missouri  (Mr.  Warner)  of  the  fact 
that  during  the  war  out  of  which  this  claim  arises  it  did  not 
by  any  means  take  a  dispensation  of  Providence  to  get  a 
mule,  and  wherever  there  was  anything  of  an  eatable  nature 
to  be  gathered  we  were  there  in  the  midst  of  it,  and  it  was 
about  so  also  if  it  was  of  a  ridable  nature. 

We  hear  a  great  deal  said  about  the  surplus  in  this  coun- 
try; and  I  take  it  that  when  it  comes  to  a  question  about 
the  payment  of  an  honest  claim  we  are  not  banded  together 
for  the  purpose  of  an  increase  of  that  surplus  by  any 
means.  If  the  Government  of  the  United  States  would  pay 
its  honest  debts,  such  debts  as  it  allows  to  remain  unpaid 
until,  if  a  private  individual  were  substituted  for  the  general 
Government,  that  private  individual  would  be  disgraced  and 
driven  from  the  community — if  the  Government  of  the  United 
States  would  pay  the  millions  it  owes  to  honest  claimants 
representing  the  French  spoliation  claims;  if  it  would  pay 
the  millions  which  it  owes  to  men  on  the  frontiers  for  losses 
sustained  at  the  hands  of  predatory  Indians;  if  it  would 
answer  as  an  honest  man  answers  promptly  to  the  claims 
of  the  millions  of  individuals  to  whom  it  stands  honestly 
indebted  to-day,  there  would  be  no  surplus  in  the  treas- 
ury.    I  am  certainly  for  the  payment  of  this  claim. 

ITNGENTLY  PLEASANT. 

On  :i  bill  to  establish  the  Department  of  Agriculture,  Mr. 
Laird  illustrated  his  ability  to  say  a  pertinent  thing,  pleasantly 
and  briefly. 

Mr.  Laird:  I  am  delighted  to  see  so  many  gentlemen  with 
their  sleeves  rolled  up,  ready  to  do  a  hard  day's  work  for 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  435 

the  farmer.  The  trouble  with  the  farmer,  from  his  stand- 
point, I  fancy,  is  that  he  has  had  his  affairs  too  long-  in  the 
hands  of  gentlemen  who  imagined  they  were  better  able 
to  attend  to  his  business  than  he  was  himself.  I  realize, 
speaking  for  the  section  I  represent,  that  it  has  an  extraor- 
dinary interest  in  the  fact  that  seven  millions  of  people  who 
attempt  to  make  a  living  and  get  happiness  out  of  the 
ground  are  unrepresented  in  the  center  of  the  political 
power  in  this  country;  and  that,  in  defiance  of  the  fact  that 
from  the  man  who  shoes  your  horse  to  the  carpenter  who 
builds  your  house,  to  the  doctor  who  cures  your  ailments 
and  to  the  preacher  who  tries  to  save  your  soul,  the  propo- 
sition holds  true  that  you  deliver  over  the  tools  of  life  into 
the  hands  of  the  men  who  know  best  how  to  use  them. 

It  is  a  notorious  fact  that  until  the  passage  of  the  Hatch 
bill  agriculture  as  a  great  productive  interest  has  never 
been  represented  directly  in  the  councils  of  the  country; 
had  never  had  a  half  million  dollars  bestowed  upon  it.  It 
is  the  industry  from  which  flows  the  daily  life  of  the  Nation, 
and  yet  anybody  who  cares  to  be  conversant  with  the  facts 
knows  that  it  has  been  treated  very  differently  in  this  coun- 
try from  what  is  the  case  in  Russia,  Italy,  Sweden,  France, 
Germany,  and  Austria,  whose  governments  pour  out  millions 
for  the  benefit  of  agriculture  and  have  this  department  of 
industry  represented  in  their  cabinets. 

During  a  heated  discussion  in  regard  to  the  land  office  policy 
of  Commissioner  Sparks  under  the  administration  of  Mr.  Cleve- 
land, Mr.  Laird  indulged  in  a  violent  excoriation  of  that  official, 
who  had  refused  to  allow  him  (Laird)  to  examine  the  papers  in 
the  case  of  a  constituent's  suspended  entry. 

In  that  connection  he  paid  the  following  beautiful  compli- 
ment to  the  pioneer  settlers  of  Nebraska: 

My  colleague,  Mr.  McShane,  and  myself  can  speak  upon 
this  subject  with  the  authority  which  comes  from  per- 
sonal knowledge. 

We  have  known  these  men  in  Nebraska  "from  the  ground 
up,"  because  we  knew  them  when  they  lived  in  the  sod 
house,  and  have  seen  them  evolve  themselves  from  the  sod 
into  the  frame  house  and  happy  home,  and  have  seen  the 
wild  prairie,  which  science  condemned  twenty  years  ago  as 
a  desert,  pass  from  the  sea  of  grass  in  which  the  bison 
swam  into  a  great  land  of  schools,  churches,  colleges, 
thrift,  civilization  and  wealth.     [Applause.] 

Though  it  was  contended  that,  in  asking  for  $100,000  to  be 


436  NEBRASKA   STATE    HISTORICAL   SOCIETY. 

expended  in  ferreting  out  frauds,  Mr.  Sparks  only  followed  in 
the  wake  of  the  Kepublican  Commissioner  McFarland,  and  that 
"If  anv  man  of  this  period  has  established  himself  in  the  con- 
fidence of  the  people  of  this  country  for  rugged  integrity  and 
firmness  of  character,  of  exalted  devotion  to  the  public  service, 
that  man  is  the  late  Commissioner  of  the  General  Land  Office," 
nevertheless  the  member  from  Nebraska  could  not  forego  the 
opportunity  of  a  passage  at  wit  and  repartee. 

POLITICAL    SUSPENSION. 

Mr.  Laird:  Sparks'  career  began  and  ended  in  suspen- 
sion. After  the  suspension  of  all  the  claims,  which  order 
was  revoked  by  the  secretary — and  the  secretary  was  re- 
warded by  having-  a  place  on  the  woolsack,  and  he  might 
have  had  the  golden  fleece — after  suspending  the  claims  he 
suspended  the  laws,  and  after  suspending  the  claims  and 
the  laws  he  was  finally  suspended,  by  the  gentleman  at  the 
head  of  the  Government,  himself. 

And  now  in  the  estimation  of  my  distinguished  friend  from 
Illinois  (Mr.  Townshend),  he  is  sanctified  and  glorified,  and 
if  so,  political  death  was  a  good  thing  for  him. 

Mr.  Towxshend:    He  was  not  suspended;   he  resigned. 

Mr.   Laird:     Resigned!     Well,   perhaps  he  was  resigned,  but   I 
doubt  it,  and  if  so  he  had  to  be. 

Near  the  conclusion  of  the  discussion,  which  had  alternately 
crowned  and  decapitated  the  late  commissioner,  the  speaker 
found  another  opportunity  for  a  burst  of  indignant  eloquence, 
illustrative  of  the  supreme  ignorance  of  the  effete  East,  and  the 
complacent  local  wisdom  of  the  young  and  vigorous  West. 

IMBECILE  IGNORANCE. 

Mb.  Laird:  I  wish  to  say  a  word  about  this  proposition. 
Mr.  Speaker  and  gentlemen  of  the  House,  probably  any  man 
who  has  ever  traveled  west  of  the  one  hundreth  meridian 
of  this  country  has  had  a  considerable  amount  of  amuse- 
meni  hut  a  larger  amount  of  mortification  from  the  light 
which  lias  been  cast  upon  this  subject  by  gentlemen  like 
the  gentleman  from  New  Jersey  (Mr.  McAdoo).  It  is  a  con- 
venient thing  to  say  that  the  settler,  the  man  who  stands 
on  the  ground,  is  a  thief,  to  the  end  that  he  may  be  pre- 
judiced in  the  minds  of  gentlemen  who  know  nothing  about 
it;  and  so  accordingly  upon  that  string  all  the  thousands  of 
those   who  sing  of  reform  are  forever  playing. 


MEMBERS    OF    U.  S.  HOFSE    OF    REPRESENTATIVES.  437 

So,  then,  the  man  who  stands  at  the  bottom  and  has  noth- 
ing furnished  him  but  the  pluck  of  a  human  being-,  and  the 
earth  and  air  and  water  which  God  gives  to  all  of  us,  is  a 
thief!  The  next  man  who  comes  in  for  the  condemnation 
of  the  gentleman  from  New  Jersey  (Mr.  McAdoo),  and 
others  like  him,  who  know  nothing  of  what  they  are  "talk- 
ing about,  is  the  "cattle  monopolist,"  and  the  next  scoun- 
drel in  the  West  is  the  "syndicate,"  whatever  that  may  be. 
So  that  here  we  are  crucified  like  thieves  upon  the  cross, 
only  there  is  one  more  than  tradition  tells  us  there  were  on 
that  occasion.  They  hold  us  up  to  ignominy  before  the 
world,  and  the  gentleman  from  Iowa  (Mr.  Weaver),  who 
ought  to  be  bound  to  these  pioneers  of  the  West  by  sym- 
pathy for  the  labors  and  hardships  thej^  have  undergone, 
comes  in  here  and  takes  part  in  holding  them  up  to 
obloquy. 

Mr.  Weaver:  The  thieves  on  the  cross  were  different, 
because  they  repented,  but  you  do  not.     [Laughter.] 

Mr.  Laird:  We  do  not  repent,  for  the  righteous  are  not 
called  to  repentance.  We  are  not  here  to  give  you  judg- 
ment by  confession,  like  a  band  of  criminals  and  cowards. 

Mr.  Weaver:    What  is  the  matter  with  you?     [Laughter.] 

Mr.  Laird:  Nothing.  "I  am  all  right";  only  I  do  not  pro- 
pose to  be  labeled  a  thief  by  every  demagogue  that  mis- 
takes notoriety  for  reputation.  These  gentlemen  talk  about 
the  cattlemen.  Is  there  any  man  on  this  floor  who  is  ignor- 
ant of  the  fact  that  it  takes  thirty-four  acres  of  this  land, 
which  you  are  talking  of  splitting  up  into  rods,  feet  and 
inches,  to  graze  one  steer  for  a  year?  Gentlemen  talk 
about  the  cattlemen  entering  into  a  conspiracy  to  get  land 
enough  to  raise  a  thousand  head  of  cattle  on.  Why  every 
one  who  knows  anything  about  it  knows  that  the  minute 
they  have  got  to  buy  the  land,  that  minute  they  move  off. 
If  by  holding  160  acres  they  can  hold  grazing  ground  for  a 
thousand  head,  they  hold  it,  but  when  they  have  to  buy 
the  land  they  move  elsewhere.  Now-  where  do  these  men 
come  from  that  I  am  defending  here,  and  that  gentlemen 
on  the  other  side  are  holding  up  to  obloquy?  They  come 
from  Texas  and  Missouri.  They  are  Democrats,  and  they 
do  not  spend  their  time  invoking  blessings  upon  your  heads. 
If  there  is  any  man  here  who  does  not  know  that  the  cattle 
business  now  and  always  has  been  impossible  where  the 
owner  of  the  herd  had  to  own  the  land  on  which  it  ranged, 
then   your   ignorance   amounts   to   imbecility. 

Again,  gentlemen  talk  about  fences,  and  draw  a  fancy 
picture  with  which  to  harrow  up  the  fears  of  those  who  are 
ignorant  of  the  whole  matter.     I  have  been  inside  those  in- 


438  NEBRASKA   STATE    HISTORICAL   SOCIETY. 

closures,  and  whal  have  T  found  to  be  the  verdict  of  the 
homesteader?  He  says,  "(!reat  God!  let  the  fences  alone. 
They  furnish  me  a  sure  pasturage  for  my  little  bunch  of 
cattle  so  that  I  know  where  they  are,  but  if  the  fences  are 
torn  down  I  shall  not  know  where  they  range,  and  I  can 
not  afford  to  herd  them."  Misfortune  has  in  many  cases 
robbed  the  cattle  men  of  75  per  cent  of  their  herds,  and  at 
least  half  of  that  loss  is  due  to  the  fact  that  they  have 
dammed  up  the  flight  of  the  cattle  toward  the  south  when 
the  cold  blasts  of  the  north  come  down  upon  them,  by  wire 
fences.  Eun  a  20  mile  fence  across  a  trail  so  as  to  cut  off 
the  flight  of  the  cattle,  and  what  happens?  They  die  and 
are  piled  up  by  the  thousands  at  the  barrier.  And  long  be- 
fore the  proclamation  of  the  "Executive  the  cattle  men  were 
willing  to  take  down  the  fences  and  get  rid  of  them. 

Now  as  to  the  question  presented  by  the  amendment,  if 
there  is  anything  to  be  done,  let  it  be  the  reservation  of 
every  permanent  water  course,  and  not  the  proposition  of 
the  gentleman  from  Iowa  (Mr.  Weaver),  because  that  is 
entirely  useless. 

The  way  out  of  these  land  complications  was  finally  found, 
after  the  President's  proclamation  that  the  range  fences  on 
government  lands  should  be  demolished  by  the  army,  and  the 
Secretary  of  the  Interior  had  repealed  the  commissioner's  or- 
ders of  suspension. 

During  the  50th  Congress  Mr.  Laird  was  an  active  member  of 
the  military  committee,  and  in  the  matter  of  an  appropriation 
made  the  following  fling  at  the  committee  on  appropriations: 

That  is  an  unfortunate  condition  in  which  the  country  is 
a  participant  to  this  unfortunate  extent,  that  out  of  this 
confusion  of  authority  and  of  jurisdiction,  unequaled  since 
the  philological  miracle  of  the  confusion  of  tongues  at  the 
Tower  of  Babel,  the  country  gets  absolutely  nothing.  We 
have  here  the  old  story  which  has  been  often  told,  and  bet- 
ter told  than  I  can  tell  it,  of  waiting  upon  the  committee 
on  appropriations.  That  is  a  committee  certainly  toward 
which  I  entertain  no  ill-will.  I  have  profound  respect  for 
the  gentleman  who  presides  over  its  deliberations  as  one  of 
the  cleanest,  squarest,  manliest,  bravest  men  in  the  public 
service,  and  I  have  a  somewhat  mitigated  affection  for  the 
balance  of  the  committee.  [Laughter.]  It  is  shaded  some- 
what, but  it  is  not  discolored.  Tt  is  kindly  and  wholesome, 
if  not  always  happy.      [Laughter.] 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  439 


HON.  GILBERT  LAFAYETTE  LAWS. 

March  4th,  18S9— March  4th,  1891. 

Gilbert  Lafayette  Laws,  of  McCook,  was  born  March  11.  1838, 
near  Olney,  Richland  County,  Illinois;  removed  with  his  parents 
to  Iowa  County,  'Wisconsin,  in  1815;  received  his  primary  educa- 
tion in  the  common  schools;  subsequently  attended  Haskell 
University,  Wisconsin,  and  Milton  College,  Wisconsin;  while  in 
college  he  worked  during  summers  at  the  lumber  business  to 
procure  money  to  prosecute  his  studies  during  winter;  after 
leaving  college  he  taught  school  till  the  spring  of  1861,  when 
he  enlisted  in  the  5th  Infantry,  Wisconsin  Volunteers;  was 
wounded  in  the  battle  of  Williamsburg,  Virginia,  May  5th,  1862, 
on  account  of  which  his  left  leg  was  amputated  below  the  knee; 
after  his  discharge  in  July,  1862,  he  returned  to  Wisconsin  and 
located  in  Richland  County,  whither  his  parents  had  moved 
during  his  absence;  was  elected  clerk  of  that  county  in  Novem- 
ber, 1862,  to  which  position  he  was  twice  re-elected;  during  a 
part  of  this  time  he  edited  the  Richland  Count//  Observer,  a  Re- 
publican paper;  disposing  of  his  newspaper  he  engaged  in  the 
manufacture  of  lumber,  bedsteads,  and  wagon  materials,  was 
chairman  of  the  countv  board;  was  elected  mavor  of  Richland 
Centre  in  1870;  was  appointed  postmaster  in  1869  and  served  till 
1876,  when  he  resigned  and  removed  to  Orleans,  Nebraska. 
While  postmaster  he  was  captain  of  the  United  States  steamer 
Winneconne,  employed  in  the  improvement  of  the  Fox  and  Wis- 
consin Rivers.  Immediatelv  after  locating  in  Nebraska,  he  be- 
came  editor  of  the  Republican  Valley  Sentinel,  sl  staunch  Republi- 
can paper,  and  continued  this  work  till  1881;  was  appointed 
Register  of  the  U.  S.  Land  Office  at  McCook,  Nebraska,  in  1883, 
and  served  in  that  official  capacity  till  November  1,  1886;  was 
elected  Secretarv  of  State  November  2,  1886,  and  re-elected  in 

t-  7 

1888,  and  was  elected  to  the  51st  Congress  to  fill  the  vacancy 
occasioned  by  the  death  of  the  Hon.  James  Laird,  as  a  Republi- 
can, receiving  27,000  votes  against  21,000  for  Charles  D.  Casper, 


44(1  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

Democrat,  and  1800  for  Key.  E.  Bentley,  Prohibitionist.  En- 
tering Congress  as  the  successor  of  Mr.  Laird,  whose  failing 
health  had  caused  a  large  accumulation  of  unfinished  business, 
prior  to  his  decease,  Mr.  Laws  was  at  once  overwhelmed  with  a 
correspondence  independent  of  the  current  duties  of  his  own 
term  of  office.  And  yet,  during  that  single  term  (forhe  was  not 
a  candidate  for  re-election),  the  Record  shows  twenty-six  bills 
and  joint  resolutions  offered — forty  petitions  presented,  and 
thirty-eight  reports  made  by  him  from  the  Committee  on  In- 
valid Pensions. 

On  the  occasion  of  "Funeral  Honors"  to  his  predecessor  he 
addressed  the  House  as  follows: 

Death  of  Hon.  James  Laird,  April  12,  1890. 

Mr.  Laws:  Mr.  Speaker,  in  asking  this  House  to  suspend 
for  a  time  its  iisual  and  appropriate  labors,  to  pay  tribute 
of  respect  to  the  memory  of  a  friend,  late  a  member  of  this 
body,  it  is  proper  that  some  acknowledgement  of  this  mark 
of  esteem  should  be  extended  to  this  House,  and  to  those 
so  kindly  contributing  by  their  presence  and  by  their  words 
to  the  dignity  and  solemnity  of  this  occasion.  The  highest 
honor  man  can  confer  upon  his  fellow  man  is  the  privilege 
of  making  laws  for  their  common  government;  when  that 
privilege  has  been  used  and  the  consequent  duty  discharged 
with  such  fidelity  as  to  meet  the  repeated  approval  of  those 
conferring  that  high  trust,  it  would  seem  that  the  reasonable 
expectation  of  friends  and  a  laudable  ambition  had  been 
met,  and  that  such  a  life,  no  matter  when  terminated,  had 
been  to  an  eminent  degree  honored  and  successful.  But 
death  comes  to  most  men  at  an  unexpected  moment,  and 
very  often,  to  our  weak  judgment,  at  an  unfortunate  and 
inappropriate  time,  and,  while  our  lips  are  taught  to  say, 
"Thy  will  be  done,"  our  hearts  rebel  in  silent  anguish,  and 
our  souls  refuse  to  be  comforted  by  the  most  ardent  faith 
in  the  sweetest  promises  of  the  life  to  come.  James  Laird, 
late  a  member  of  the  51st  Congress,  died  at  his  home  in 
Hastings,  Nebraska,  August  17,  18S0.  aged  40  years.  He 
was  born  at  Fowlerville,  N.  Y..  June  20,  1849;  removed 
with  his  parents  to  Michigan,  where  he  was  educated  at 
Adrian  College  and  Michigan  University,  and  graduated 
from  the  law  school  of  the  latter  in  1871.  He  enlisted  in 
the  Union  army  at  the  age  of  13  and  served  till  the  close 
of  the  war. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  441 

He  was  five  times  wounded  and  promoted  to  the  rank  of 
Major  before  reaching-  the  age  of  17. 

Always  prominent  in  state  affairs,  he  bore  a  conspicuous 
part  in  forming  the  present  constitution  of  his  adopted 
state,  whence  he  was  three  times  elected  a  member  of 
Congress,  and  by  increasing  majorities  at  each  succeeding 
election,  doubly  attesting  the  fact  that  his  official  life  was 
approved  by  his  constituents.  Endowed  with  a  profusion  of 
nature's  choicest  gifts,  a  vigorous  and  comprehensive  in- 
tellect, a  livelj"  and  well  sustained  imagination,  wit,  humor, 
eloquence,  courage,  and  tender  sentiment,  a  fine  physique, 
health,  strength,  and  manly  bearing — he  ought  to  have 
lived  to  a  round  old  age,  and  should  have  been  gathered  as 
the  shock  fully  ripened  for  the  harvest.  But  he  was  taken 
at  the  noontime;  when  the  shadows  fall  nearest  the  path- 
way: when  life  was  most  desirable  and  life's  work  most 
useful;  when  the  summons  to  one  of  the  youngest  and 
strongest  of  his  fellows  was  a  surprise  and  a  sorrow  to  his 
friends  and  to  his  colleagues  upon  this  floor. 

No  extended  delineation  of  his  character  will  be  at- 
tempted by  me.  Standing  in  this  presence,  to  say  that  he 
had  no  faults  would  be  to  claim  for  him  that  he  was  not 
human,  and  would  be  as  offensive  to  him  living  as  untruth- 
ful of  him  dead.  He  despised  shams  and  pretenses  in  all 
their  forms.  What  he  seemed,  he  was,  what  he  thought,  he 
said,  what  he  felt  was  right,  he  did.  He  sought  the  foe  in 
the  open  field,  refused  ambush,  and  practiced  no  disguise. 
To  achieve  success  or  promote  a  personal  end  he  never 
compromised  with  an  enemy  and  never  betrayed  a  friend. 
He  feared  no  man  nor  hated  one.  He  believed  in  God  and 
loved  his  fellow  man.  The  generosity  of  his  nature  was  as 
boundless  as  the  prairies  of  his  home,  where  the  sun  sets 
as  on  the  sea.  In  the  softer  charities  of  human  weal,  in  the 
relation  of  husband  and  father,  he  never  lived.  Two  broth- 
ers fell  fighting  by  his  side  on  the  battlefield,  and  another 
was  killed  by  accident  on  the  western  plains.  An  aged 
father,  then  a  widowed  mother  left  him,  some  years  ago, 
the  sole  surviving  member  of  his  family,  "to  walk  the  path 
of  life  alone." 

As  a  citizen,  James  Laird  was  public  spirited,  progressive, 
liberal  and  wise.  As  a  lawyer,  he  was  able,  earnest,  indus- 
trious and  faithful  to  the  interest  of  those  he  served.  As 
a  soldier,  he  was  ever  found  at  the  post  of  duty,  displaying 
the  highest  form  of  moral  courage,  seeing  and  knowing  a 
danger,  yet  daring  to  meet  it.  Bold,  dashing  and  impetu- 
ous, he  was  a  born  leader  of  men,  inspiring  confidence  by 
the  exhibition   of   his  own   courage,  commanding   obedience 


442  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

by  this  strong  and  unyielding  will,  and  winning  admiration 
by  the  quickness  and  correctness  of  his  judgment.  Like 
every  true  soldier,  the  flag  of  his  country  was  ever  the  ob- 
ject of  his  veneration.  To  him  that  flag  was  not  simply  a 
few  yards  of  tri-colored  bunting,  but  a  symbol  of  majesty 
and  power.  It  was  the  emblem  of  his  country,  her  great- 
ness, her  beneficence,  and  her  power,  her  people,  her  in- 
stitutions, and  her  laws;  with  every  rod  of  territory,  where 
might  be  seen  or  felt  the  print  of  human  foot,  the  touch 
of  human  hand  or  the  beat  of  human  heart,  sacredly  dedi- 
cated to  liberty,  justice  and  right.  But,  Mr.  Speaker,  the 
fires  of  passion  that  burned  unceasingly  in  his  being  are 
quenched.  The  currents  of  the  rich  red  blood  of  health 
that  coursed  through  his  veins  are  choked  at  the  fountain. 
The  warm  glow  of  health,  that  literally  flowed  off  his 
finger  ends,  is  chilled.  And  during  the  long  weary  months 
of  pain  and  sickness,  when  strength  failed,  when  the  strong 
will  was  bowed  and  broken,  when  the  bright  and  powerful 
intellect  was  clouded,  when  burdened  with  the  weight  of 
public  cares  and  duties  undischarged  for  want  of  health, 
worn  and  worried  because  of  promises  yet  unfulfilled  and 
useful  work  uncompleted,  friends,  in  kindness  all,  could  not 
be  made  to  feel  that  he  whose  strong  right  arm  had  turned 
aside  the  blow  not  aimed  at  self,  that  he  who  oft  had  met 
the  storm  of  battle  undismayed,  indeed  was  faint  and  weak. 

Under  such  a  strain  endurance  ceased,  the  mind  was 
turned,  the  heart  was  grieved,  and  in  solitude  he  sought 
relief. 

He  closed  his  door  for  rest  and  peace  and  thus  to  him 
came  death. 

Of  him  I  say  what  I  believe.  He  kept  a  faithful  friend- 
ship with  his  friends,  whom  loyally  he  served  before  him- 
self. He  locked  his  lips  too  close  to  tell  a  lie.  He  washed 
his  hands  too  white  to  touch  a  bribe. 

Occupying  only  one  congressional  term,  the  above  was  the 
only  lengthy  address  presented  by  Mr.  Laws,  to  the  House — - 
an  address  so  honest  in  utterance,  so  pure  in  taste,  and  elo- 
quent in  language,  as  to  be  a  veritable  surprise  and  charm. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  443 


HON.  W.  J.  CONNELL. 

March  4th,  1889 — March  4th.  1891. 

William  J.  Connell,  of  Omaha,  was  born  at  Cowansville, 
Canada,  July  6,  1846;  removed  to  the  village  Schroon  Lake,  New 
York,  when  11  years  of  age;  received  an  academic  education;  in 
April,  1867,  located  at  Omaha,  where  he  has  since  resided;  was 
admitted  to  the  bar  in  1869,  and  has  been  actively  engaged  in 
the  practice  of  his  profession  since;  was  elected  District  At- 
torney of  the  third  Judicial  District  of  Nebraska  in  1872,  and 
re-elected  in  1874;  was  appointed  city  attorney  of  Omaha  in 
1883  and  occupied  that  position  until  1887;  is  married;  was 
elected  to  the  51st  Congress,  as  a  Republican,  receiving  32,926 
votes,  against  29,510  for  J.  Sterling  Morton,  Democrat,  2,962 
for  E.  B.  Graham,  Prohibitionist,  and  650  for  J.  W.  Edgerton, 
Labor  Union  Candidate. 

The  debut  of  Mr.  Connell  in  the  House  of  Representatives  was 
in  the  role  of  scholarly  eulogist,  rather  than  that  of  political 
orator.  The  occasion  being  memorial  services  in  honor  of  his 
predecessor,  Mr.  Connell  addressed  the  House  as  follows: 

Mr.  Speaker,  once  more  the  busy  turmoil  of  the  House 
is  hushed  in  memory  of  the  dead.  All  differences,  politi- 
cal or  sectional  are  silenced.  Contentions  and  controver- 
sies are  forgotten  while  with  a  common  sorrow  we  offer 
our  tributes  to  the  memory  of  a  departed  brother.  In 
summing-  up  the  life  and  character  of  my  late  colleague 
from  Nebraska  I  would  not,  if  I  could,  paint  a  picture  free 
from  blemishes.  Frailties  are  incident  to  the  most  ex- 
alted characters.  Faults  and  failings  are  the  shadows 
which  nature,  no  less  than  art,  demands  for  her  most  per- 
fect work.  As  a  new  member  I  had  hoped  to  have  received 
the  friendly,  counsel  of  my  colleague  in  place  of  joining 
in  this  memorial  service.  During  the  three  terms  of  a 
member  of  the  48th,  49th,  and  50th  Congresses  he  was  a 
striking  and  picturesque  character  on  the  floor  of  this 
House.  He  was  a  remarkable  combination  of  extremes. 
His  character  was  of  the  composite  type,  having  in  it  the 
ruggedness  and  grandeur  of  the  mountain,  with  the  genial 


444  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

warmth  and  beauty  of  the  valley.  He  was  a  true  child  of 
the  prairie.  Like  a  western  cyclone  he  carried  everything 
before  him  with  irresistible  force.  His  physique  was 
powerful  and  his  manner  intensely  dramatic.  He  was  a 
tower  of  strength.  His  strength,  however,  was  his  great- 
est weakness.  He  seemed  to  know  the  laws  of  nature  only 
to  violate  them.  Like  a  powerful  engine,  with  steam  at 
double  pressure,  he  failed  to  heed  the  warning  of  the 
brakes  until  the  collision  came.  After  the  close  of  his 
labors  at  the  last  session  of  Congress  he  immediately  en- 
tered upon  the  work  of  the  political  campaign  in  Ne- 
braska with  his  characteristic  zeal  and  earnestness. 
Neither  sleep  nor  rest  seemed  to  be  required  by  him.  On 
all  sides  were  his  services  demanded,  and  to  every  call  he 
made  response.  A  few  days  prior  to  the  election  in  Novem- 
ber, when  the  work  which  he  had  outlined  for  himself  was 
well  nigh  completed,  he  was  suddenly  prostrated  and  ren- 
dered unable  to  fill  his  engagements  for  the  last  days  of  the 
campaign.  This  work  was  unnecessary  so  far  as  his  own 
election  was  concerned,  as  the  large  majority  he  received 
will  attest.  For  a  time  he  seemed  to  rally,  but  he  was 
never  again  the  "Jim  Laird"  of  old.  He  returned  to  Wash- 
ington, but  not  to  active  service.  The  fire  which  had 
burned  with  intensity  had  become  smoldering  embers.  The 
light  which  had  shown  with  brilliancy  had  become  a  flick- 
ering flame. 

Once  more  he  sought  his  old  home  in  Nebraska,  where 
with  freedom  from  care  and  perfect  rest  it  was  hoped  the 
old  flush  of  health  would  return.  When  his  hope  seemed  in 
fair  way  of  realization,  a  surgical  operation  of  supposed 
slight  consequence  was  deemed  necessary.  It  was,  however, 
attended  with  fatal  results.  On  the  morning  of  August  7, 
1880,  James  Laird  passed  to  his  eternal  rest.  He  was  born 
. I  une  20,  1849,  at  Fowlerville.  Livingston  County,  New  York. 
As  a  mere  boy,  when  only  13  years  of  age,  he  entered  the 
army,  enlisting  as  a  private  in  the  17th  Michigan  Infantry. 
He  served  with  the  Army  of  the  Potomac  until  the  close 
<>f  the  war. 

Upon  receiving  an  honorable  discharge,  July  8,  1865,  he 
relumed  to  his  home  near  Hudson,  Michigan.  He  soon 
afterwTards  entered  the  Michigan  University  at  Ann  Arbor, 
and  graduated  from  the  law  college  in  1871.  The  fol- 
lowing year  he  removed  to  Juniata,  Nebraska,  where  he 
entered  upon  the  active  practice  of  his  profession.  He  sub- 
sequently removed  to  Hastings,  Nebraska,  which  place  con- 
tinued his  home  until  the  time  of  his  death.  It  was  my 
privilege,  in  company  with  my  colleagues,  Congressmen 
Laws  and  Dorsey,  to  attend  his  funeral. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  44a 

The  day  was  beautiful  and  the  services  impressive.  In 
the  soft  twilight  of  the  afternoon,  the  emaciated  form  of 
our  departed  friend  and  brother  was  lowered  to  its  final 
resting-  place.  His  life  work  on  earth  is  ended,  his  career  is 
cut  short.  May  we  not  hope  that  in  the  world  beyond  will 
be  witnessed  the  rounding-  of  a  life  so  brilliant,  so  brief, 
and  so  incomplete.  Surely  there  is  a  life  immortal,  where 
may  be  realized  the  pure  ideal  which  few,  if  any,  this  side 
of  the  ocean  which  separates  the  present  from  the  future, 
have  ever  attained. 

"0  life,  what  mystery  thy  birth  enshrouds. 
For  ages  past  hath  man  in  vain  essayed 
This  mystery  to  solve,  thy  origin  to  learn. 
O  soul!   my  soul!      Speak  out  and  tell  me  clear 
Whence   earnest   thou   here? 

Whence  thy  deep  yearnings  for  immortal  life? 
Methinks  I  hear  thee  say — 

'Be  still  and  trust.     In  God  we  live,   and  move. 
And  have  our  being:  more  we  cannot  know.'  " 

FREE    COINAGE. 

Though  Mr.  Connell's  debut  in  the  House  was  in  the  role  of 
scholarly  eulogist  rather  than  that  of  political  orator,  on  the 
21st  day  of  June,  1890,  on  a  bill  involving  free  coinage  of  silver, 
he  indulged  in  a  strain  of  wit  and  irony. 

Mr.  Speaker — Like  my  friend  from  Nevada  (Mr.  Bartine) 
I  am  a  new  member  from  "the  wild  and  wooly  West." 

I  am  free  to  admit  that  I  have  only  a  limited  knowledge 
regarding  national  legislation.  I  confess  that  I  am  inex- 
perienced so  far  as  the  rules  and  practices  of  this  House 
are  concerned.  It  may  be  that  it  is  due  to  such  limited 
knowledge  and  inexperience  that  I  am  unable  to  under- 
stand the  position  of  Republican  members  about  me  who 
declare  in  favor  of  free  coinage  and  vote  in  the  opposite 
direction.  There  is  much  regarding  the  rules  and  proced- 
ure of  this  House  which  I  do  not  understand.  But  1  do  not 
propose  in  the  brief  space  of  two  minutes,  which  has  been 
yielded  to  me,  to  undertake  to  tell  all  I  do  not  know,  as 
that  would  be  impossible.  I  do  wish,  however,  to  refer  to 
one  thing  I  can  not  understand,  and  that  is,  why  this  is 
made  a  political  question.  I  can  not  see  why  a  line  should 
be  drawn  through  the  center  of  this  hall,  dividing  Demo- 
crats and  Republicans.  I  deny  that  this  is  a  political  ques- 
tion. It  is  above  and  beyond  that,  and  if  you  wait  until  the 
roll  is  called  you  will  hear  members  on  the  other  side  vot- 
ing according  to  their  convictions,  not  their  political  con- 
victions, but  according  to  their  belief  on  this  question  of 
free  coinage. 


446  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

Then  why,  on  this  side,  should  not  members  who  are  in 
favor  of  free  and  unlimited  coinage  of  silver  vote  accord- 
ing to  their  convictions,  vote  as  the  representatives  of  the 
people  who  sent  them  here?  Why  do  not  the  western  mem- 
bers, who  know  the  sentiment  of  the  West,  stand  up  like 
men  and  vote  according  to  their  convictions  and  not  vote 
according  to  the  speeches  they  have  been  delivering  here 
in  this  House? 

Vow.  Mr.  Speaker,  there  is  one  other  thing  I  do  not  under- 
stand, and  that  is  why  those  who  favored  limited  debate 
when  the  silver  bill  was  originally  discussed  are  now  plead- 
ing for  time  for  its  further  consideration.  If  not  for  the 
purpose  of  "burying"  the  bill,  it  must  be  to  suspend  it,  like 
Mohammed's  coffin,  "between  high  heaven  and  earth." 

I  am  in  favor  of  meeting  all  questions  arising  under  the 
amendments  proposed  by  the  Senate  right  here  and  now. 

AN    UNMITIGATED    STEAL. 

July  14,  1890,  Mr.  Connell  entered  an  emphatic  protest  against 
a  bill  granting  additional  special  privileges  to  the  Baltimore  & 
Potomac  Railroad. 

Mr.  Chairman,  I  am  in  favor  of  this  amendment.  When 
it  (the  bill)  first  came  up  for  discussion  a  few  weeks  ago, 
after  carefully  reading  its  provisions,  I  was  a  good  deal 
puzzled  to  understand  how,  any  member  of  this  House, 
having  any  regard  for  the  interest  of  the  people,  or  the 
rights  of  the  public  could  approve  it.  It  seemed  to  me  to 
indicate  on  its  face  that  it  was  an  unmitigated  steal.  I  could 
not  but  regard  it  as  a  bold  attempt  to  obtain  something  for 
nothing. 

I  do  not  know  where  the  bill  originated,  but  if  we  can 
judge  by  the  ear-marks  it  is  safe  to  assert  that  it  was  pre- 
pared by  some  salaried  attorney  of  the  Pennsylvania  Rail- 
road Company,  solely  in  the  interest  of  that  great  cor- 
poration, and  in  utter  disregard  of  the  rights  of  the  people. 

GAG  RULE. 

August  9,  1890,  on  a  bill  touching  the  interests  of  a  small 
remnant  of  an  Indian  tribe  in  his  district,  he  demanded  inde- 
pendent action  on  questions  non-political  and  non-partisan  in 
the  following  strain: 

Mr.  Speaker,  I  might  talk  here  for  three  hours  instead 
of  fifteen  minutes.  I  might  read  at  length  the  voluminous 
testimony  which  is  before  me,  but  what  avail  would  it  be, 


MEMBERS    OF    U.  S.  HOUSE    OP    REPRESENTATIVES.  447 

when  we  are  prevented  from  taking-  any  action  with  ref- 
erence to  this  senate  amendment?  This  resolution,  which 
I  have  opposed,  has  the  effect  of  a  gag  rule.  Now  I  fail  to 
see,  in  consideration  of  matters  of  this  kind  which  are  not 
political  in  their  character,  why  such  a  resolution  should 
be  supported  by  the  members  on  this  side'  of  the  House, 
merely  because  it  comes  from  the  committee  on  rules,  a 
majority  of  which  are  Republicans. 

EIGHT   HOUR   LAW. 

On  the  28th  day  of  August,  1890,  he  called  up  a  bill  prescrib- 
ing eight  hours  as  a  legal  day's  work  for  laborers,  workmen 
and  mechanics  employed  by  the  Government  of  the  United 
States.  In  his  management  of  the  affirmative  side  of  the  debate 
he  evinced  a  very  commendable  degree  of  efficiency  for  a  new 
member  in  his  first  term,  and  in  debate  displayed  much  research, 
abounding  in  faultless  statement,  deep  conviction  and  well 
chosen  periods,  meriting  and  receiving  the  hearty  applause  of 
the  House. 

The  closing  paragraphs  of  the  argument  were  as  follows: 

Mr.  Speaker,  on  one  occasion,  many  years  ago,  in  the  con- 
sideration of  a  great  financial  problem  by  this  House,  the 
brilliant  but  eccentric  Randolph,  of  Roanoke,  tragically 
exclaimed:  "I  have  found  it.  I  have  discovered  the  philoso- 
pher's stone.  It  is  pay  as  you  go."  I  do  not  claim  to  be 
a  Randolph,  or  to  be  possessed  of  the  remarkable  gifts 
which  made  him  such  a  striking  and  picturesque  character 
in  the  history  of  our  country.  I  do  claim,  however,  that 
the  philosopher's  stone  has  again  been  discovered,  and  that 
a  remedy  for  the  evils  of  the  present  labor  system  has 
been  found  which  will  bring  happiness  to  the  wage  worker 
and  peace  and  prosperity  to  capital.  It  is  to  so  raise  wages 
and  reduce  the  hours  of  toil  as  will  make  life  worth  living 
and  give  work  to  the  unemployed. 

Why  should  not  the  wage  worker  have  some  of  the  sun- 
shine and  leisure  of  life  to  enjoy  the  beauties  of  nature 
and  the  comforts  of  his  home? 

The  poet  Goethe  has  truly  said:  "Every  man  should  hear 
a  little  music,  read  a  little  poetry,  and  see  a  fine  picture 
every  day  of  his  life,  in  order  that  the  worldly  cares  of  life 
may  not  blot  out  the  sense  of  the  beautiful  implanted  by 
God  in  the  soul."  As  the  tired  laborer  drags  himself  home- 
ward after  10  or  12  hours  of  weary  toil,  what  are  these 
words  of  the  poet  to  him  but  hollow  mockery?     Where  is 


448  NEBRASKA    STATE    BISTOKICAL  SOCIETY. 

his  opportunity  for  recreation  and  enjoyment,  where  the 
time  for  cultivating  the  sense  of  the  beautiful?  The  sky 
may  be  azure  blue;  the  heavens  may  be  studded  with  spark- 
ling gems;  and  all  nature  may  rejoice;  but  the  weary  wage 
worker  trudges  along  his  way  unconscious  of  it  all;  the 
sense  of  the  beautiful  has  well  nigh  been  blotted  out  of 
his  soul. 

"All  hail  the  dawn  of  a  new  day  breaking. 

When  a  strong-armed  nation  shall  take  away 
The  weary  burdens  from  backs  that  are  aching 
With   maximum  labor  and  minimum  pay." 

Having  served  his  party  acceptably  for  one  Congress,  he  was 
renominated  in  1890;  but  the  cyclone  of  reform  swept  every 
Republican  district,  while  one  Democrat  and  two  Independents 
became  Nebraska's  representatives  in  the  52nd  Congress. 

During  his  first  session  he  indicated  his  ability  to  defend  his 
opinions  and  pleasantly  add  to  the  discussions  of  the  House, 
while  his  last  one,  of  ninety  days,  was  given  to  the  dryer  details 
of  the  committee  room  and  the  perfecting  of  bills  previously  in- 
troduced. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  449 


HON.  GEORGE  W.  E.  DORSE Y. 

March  4th,  1885— March  4th,  1891. 

George  W.  E.  Dorsey  was  born  in  Loudon  County,  Virginia, 
January  25th,  1842;  removed  with  his  parents  to  Prescott 
County  in  1856;  was  educated  at  private  schools  and  Oak  Hill 
Academy;  recruited  a  company  and  entered  the  Union  Army  in 
August,  1861,  as  first  lieutenant  Sixth  West  Virginia  Infantry; 
was  promoted  to  the  rank  of  captain  and  of  major,  and  was  mus- 
tered out  with  the  Army  of  the  Shenandoah,  in  August,  1865; 
removed  to  Nebraska  in  1866;  studied  law  and  was  admitted  to 
the  bar  in  1869;  in  1874  engaged  in  banking  at  Fremont,  and 
continued  in  the  business,  achieving  very  great  success;  was  a 
member  of  the  Board  of  Trustees  of  the  Insane  Hospital,  a  mem- 
ber and  vice-president  of  the  State  Board  of  Agriculture  of  Ne- 
braska; was  also  chairman  of  the  Republican  State  Central 
Committee;  and  in  1884  was  elected  a  Representative  from  Ne- 
braska to  the  49th  Congress. 


&* 


< 


During  the  49th  Congress  Mr.  Dorsey  received  his  initiation 
into  the  mysteries  of  national  legislation,  and  addressed  the 
House  in  a  contested  election  case,  also  upon  a  bill  to  protect  the 
dairy  interest  from  that  of  oleomargarine,  and  in  the  interest  of 
settlers  upon  public  lands,  and  in  behalf  of  pensioners. 

A  recapitulation,  from  the  index  to  the  Record  of  the  50th  Con- 
gress, gives  a  fair  average  of  the  current  duties  of  the  Nebraska 
member  in  the  twentieth  year  of  the  State's  existence.  Bills  and 
joint  resolutions  introduced  were  fifty-three,  and  petitions  and 
papers  fifty-two.  Where  bills,  petitions,  and  resolutions  were 
opposed  by  lobby  agents  or  attorneys  before  committees  the 
member  had  as  arduous  duties  to  perform  as  an  attorney  before 
a  court.  In  case  of  a  favorable  report,  he  had  often  to  duplicate 
his  labors  in  committee  of  the  whole,  and  then  again  in  the 
House  on  final  action. 

So  that  the  mere  enumeration  of  subjects  introduced  by  Mr. 
Dorsey  could  not  clearly  indicate  his  services  during  that  session. 
Add  to  these  reports  from  committees,  and  a  discussion  of  a 
30 


150  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

tariff  bill,  and  of  one  for  a  public  building  in  Omaha,  and  in 
relation  to  Indian  lands  and  army  forts,  and  the  conclusion  must 
be  that  Mr.  Dorsey  was  an  efficient  and  faithful  public  servant. 

By  the  end  of  the  51st  Congress  his  list  of  current  work  was 
increased;  including  the  presentation  of  seventy-one  bills  and 
joint  resolutions,  sixty-six  petitions  and  papers,  fourteen  com- 
mittee reports,  and  the  discussion  of  banks  and  tariffs,  the  ad- 
mission of  the  State  of  Idaho,  Civil  Service,  Pure  Lard,  and  a 
eulogy  upon  the  public  character  of  his  former  colleague,  James 
Laird;  with  incidental  remarks  on  many  other  themes. 

A  bill  to  put  wool  on  the  free  list  being  under  consideration, 
May  1st,  1888,  Mr.  Dorsey  opened  his  discussion  of  the  subject 
with  a  history  of  the  wool  interest  of  the  United  States  from 
1610,  the  date  of  sheep  importation. 

In  announcing  his  conclusion  he  said: 

Mr.  Chairman,  it  will  be  seen  from  these  facts  that  under 
an  ample  protective  tariff  the  wool  interest  has  increased 
as  it  never  had  done  under  an  insufficient  tariff,  while  there 
is,  literally  speaking,  no  precedent  for  free  wool,  for  never 
since  1816  has  wool  entered' the  ports  of  the  United  States 
free  of  duty.  Why  should  this  great  interest  of  the  farm- 
ers be  suddenly  taken  out  of  the  protective  system  and 
placed  upon  a  free-trade  basis?  There  is  no  good  reason 
for  it. 

Turning  attention  to  the  benefits  of  protection  to  the  interests 
of  agriculture,  he  placed  great  reliance  upon  a  report  of  "J.  R. 
Dodge,  the  statistician  of  the  Agricultural  Department  for  more 
than  a  generation";  a  man,  however,  who  has  been  severely 
criticised  for  his  attempt  to  warp  and  construe  national  figures 
to  the  interest  of  his  favorite  party.  The  historical  argument 
was  also  reinforced  by  reference  to  the  repeal  of  the  corn  laws 
of  Great  Britain,  from  which  he  claimed  that  the  promises  of 
Cobden  and  Bright,  members  of  Parliament,  were  not  realized. 
Taking  up  the  tariff  reform  messages  of  President  Cleveland, 
attention  was  called  to  many  of  his  declarations. 

We  are  told  that — 

"Millions  of  our  people  who  never  use  and  never  saw  any 
of    the    foreign   products   purchase    and   use    things    of    the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  451 

same  kind  made  in  this  country,  and  pay  therefor  nearly 
or  quite  the  same  enhanced  price  which  the  duty  adds  to 
the  imported  articles." 

This  is  a  serious  error  if  intended  to  apply  generally  to 
manufactured  necessaries  in  common  use,  as  a  little  atten- 
tion to  facts  will  show. 

We  are  further  told  that — 

"The  worker  in  manufactures  receives  at  the  desk  of  his 
employer  his  wages,  and  perhaps  before  he  reaches  his 
home  is  obliged,  in  his  purchase  for  his  family  use  of  an 
article  which  embraces  his  own  labor,  to  return  in  the  pay- 
ment of  the  increase  in  price  which  the  tariff  permits  the 
hard-earned  compensation  of  many  days  of  toil." 

If  this  were  a  common  occurrence,  as  is  intimated,  it 
would  be  a  serious  matter.  But  what  are  the  facts?  What 
manufactures  are  chiefly  consumed  by  "workers  in  manu- 
factures?" Their  food  is  for  the  most  part  necessarily  of 
home  production.  The  cost  of  meat  and  bread  can  be  very 
little  affected  by  the  tariff.  The  tariff  upon  sugar  is  more 
considerable  than  that  upon  any  other  article  of  food  and 
affects  the  cost  of  living  of  wage  workers  more  than  that 
upon  all  other  food  products  combined. 

Doubtless  all  will  agree  with  the  President  that  such 
articles  as  do  not  in  any  way  compete  with  our  own  pro- 
ducts should  be  placed  upon  the  free  list.  Probably  we 
might  safely,  also,  place  upon  the  free  list  some  things 
which  we  produce  to  a  very  limited  extent,  but  for  any  con- 
siderable production  of  which  our  soil,  climate,  or  other 
conditions  are  unfavorable. 

The  President  has  received  much  praise  in  certain  quar- 
ters for  his  courage  in  advocating  radical  tariff  reduction. 
This  Congress  may  well  hesitate  before  entering  upon  a 
course  fraught  with  such  apparent  peril,  even  if  it  fails  to 
receive  like  approbation  from  the  same  source.  In  en- 
deavoring to  steer  our  financial  bark  from  the  Scylla  of 
treasury  accumulation  we  should  be  careful  to  avoid  wreck- 
ing it  in  the  Charybdis  of  gold  exportation. 

Mr.  Chairman,  we  all  agree  upon  two  propositions,  namely, 
that  the  surplus  should  be  reduced  and  that  our  revenue 
laws  should  be  revised. 

Then  what  is  our  duty?  Should  we  not  deal  with  these 
questions  in  a  businesslike  manner?  I  think  so.  Then  let 
us  do  those  things  which  are  for  the  best  interests  of  the 
country,  and  at  all  times  be  guided  by  the  experience  of  the 
past.  Let  us  follow  the  course  so  plainly  marked  out,  turn- 
ing away  from  the  seductive  pleadings  of  the  theorist  and 
following  the   advice  of  the  practical  business   men  of  the 


452  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

country.  Each  member  upon  this  floor  has  fixed  opinions 
upon  the  questions  under  consideration,  and  probably  no 
two  could  agree  in  all  details  as  to  what  is  the  true  policy. 
Notwithstanding  this  fact,  it  is  the  duty  of  every  member 
to  submit  for  consideration  the  views  he  may  entertain  and 
then  try  to  reconcile  the  differences  that  may  exist.  In  my 
judgment  it  is  the  duty  of  the  President  to  at  once  expend 
the  surplus  now  in  the  treasury  in  purchasing  and  retiring 
our  bonds. 

Then  Congress  should  authorize  the  disbursement  of  the 
one  hundred  millions  of  gold  now  held  in  the  treasury  for 
the  redemption  of  the  legal-tender  notes.  The  holding  of 
this  vast  sum  is  the  height  of  folly.  Why  should  the  Gov- 
ment  be  required  to  hold  within  its  own  vaults  any  sum  to 
make  good  its  promise  to  pay?  Using  the  surplus  now  in 
the  treasury  and  the  one  hundred  millions  .of  gold  he  would 
at  once  put  into  circulation  over  $200,000,000  that  are  now 
hoarded,  and  the  obligation  of  the  government  upon  which 
we  are  paying  interest  would  be  decreased  that  amount  less 
the  premium  upon  the  bonds. 

To  prevent  such  accumulations  in  the  treasury  in  the 
future,  we  should  have  a  fair,  just  and  equitable  revision  of 
our  revenue  laws.  This  should  be  done  after  a  careful  inves- 
tigation and  a  patient  hearing  of  all  the  interests  affected 
by  the  changes  proposed.  The  principle  of  protection  to 
the  interests  that  have  been  developed  in  this  country 
should  never  be  forgotten.  If  we  could  place  lumber,  coal 
and  salt  on  the  free  list,  and  reduce  the  duty  on  sugar  and 
molasses  so  the  revenue  arising  therefrom  should  not  ex- 
ceed $10,000,000  per  annum,  and  use  the  portion  of  that  sum 
necessary  to  encourage  sugar-growing  in  the  country,  the 
revenues  would  be  reduced  to  the  extent  required  and  the 
people  of  the  country  benefited  and  no  industry  injured. 

If  we  pass  the  bill  under  consideration,  we  strike  down 
and  destroy  one  of  our  most  important  agricultural  indus- 
tries, in  which  over  one  million  of  our  people  are  interested; 
we  will  force  a  reduction  of  the  compensation  paid  to  over 
two  millions  of  wage-workers  in  the  different  industries 
affected  by  the  reductions  in  duty  made  in  the  bill;  we  give 
the  Canadian  farmer  a  market  for  his  products,  and  place 
him  upon  an  equal  footing  with  our  farmers  of  the  North 
and  West.  Time  will  not  allow  me  to  show  all  the  vicious 
provisions  of  this  bill.  It  should  and  would  be  defeated. 
This  country  is  not  yet  ready  to  take  the  first  step  in  the 
direction  of  free  trade.  This  Congress  will  not  make  glad 
the  hearts  of  those  who  for  the  past  thirty  years  have 
yearned  for  the  markets  of  the  great  Republic.     [Applause.] 


MEMBERS    OF    U.  S.  HOUSE    OP    REPRESENTATIVES.  453 

BEET    SUGAR. 

« 

On  the  20th  of  May,  1890,  Mr.  Dorsey  argued: 

I  think  we  should  encourage  the  beet-sugar  industry,  that 
is  attracting  so  much  interest  at  this  time.  Germany  did 
that  and  is  doing  it  now  and  also  the  Republic  of  France. 
Germany  not  only  lays  a  duty  upon  sugar,  but  pays  a 
bounty  upon  the  domestic  product  from  beets.  France  does 
the  same,  and  if  gentlemen  on  this  committee  will  take  the 
time  and  will  carefully  read  the  report  made  by  the  Sen- 
ate Committee  on  Agriculture  and  notice  what  is  said  by 
the  Agricultural  Department  regarding  the  capabilities  of 
this  country,  I  am  sure  they  will  agree  with  me,  that  in 
fifteen  years,  if  we  do  not  strike  down  the  protective  system 
and  put  sugar  upon  the  free  list,  the  States  of  Iowa,  Kan- 
sas, Nebraska,  California  and  South  Dakota  can  produce  all 
the  sugar  consumed  in  the  United  States.  Mr.  Chairman, 
the  farmers  of  my  district  will  ask,  if  I  vote  for  this  bounty, 
which  I  may  have  to  do —  [Laughter  and  applause  on  the 
Democratic  side.] 

Me.  Dockeky:    Why  do  you  feel  obligated  to? 

Me.  Dorsey:  I  say,  while  I  may  have  to  vote  for  this  bill, 
they  will  ask  why  have  you  not  given  us  a  bounty  upon 
corn? 

Mr.  Dockery:    Yes,  of  course  they  will,  and  very  properly. 

Me.  Dorsey:  Corn  is  not  profitable  in  Nebraska,  and  has 
not  been  for  years;  and  they  may  ask  why  we  do  not  put  a 
bounty  upon  honey  and  protect  the  little  busy  bee.  [Laugh- 
ter.] 

Mr.  Outhwait:    But  you  put  bees-wax  on  the  free  list. 

Mr.  Dorsey:  I  am  opposed  to  that.  I  think  the  bee  ought 
to  be  protected. 

I  am  a  protectionist  and  a  Republican;  and  I  think  if  the 
Republican  party  puts  sugar  on  the  free  list  and  strikes 
down  the  protective  system  they  make  an  argument  stronger 
than  any  that  may  be  made  by  an  advocate  of  free  trade  on 
the  floor  of  the  Houses. 

Again,  upon  the  same  day,  Mr.  Dorsey,  the  protectionist,  was 
found  advocating  free  lumber, — "In  obedience  to  the  wishes  of 
the  people  of  Nebraska,  as  expressed  by  joint  resolution  passed 
by  the  Legislative  Assembly  of  the  State." 

In  the  last  days  of  his  congressional  term  Mr.  Dorsey,  as  chair- 
man of  the  Committee  on  Banks  and  Currency,  called  up  a  bill 


454  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

for  an  increase  of  bank  issues,  to  the  full  amount  of  deposited 
bonds,  instead  of  the  former  maximum  of  90  per  cent.    Said  he: 

Some  gentlemen  upon  the  floor  of  the  House  and  in  pri- 
vate conversation  have  claimed  that  the  national  banks  are 
close  corporations.  This  is  not  so  now.  Any  five  gentle- 
men of  standing  in  any  town  or  city  of  this  country  can,  if 
they  will  raise  $50,000,  organize  a  national  bank.  Of  course, 
there  is  not  much  money  in  the  business  now.  The  banking 
interests  of  the  country  have  served  the  business  interests 
of  the  country.  Now  if  the  House  pass  this  bill  it  will 
be  an  encouragement  of  the  national  banks  to  con- 
tinue to  hold  the  bonds  that  they  are  holding  to-day  at  a 
positive  loss,  and  it  will  give  them  cause  to  hope  that  this 
Congress  will  pass  such  a  measure  as  will  perpetuate  the 
national  banking  system  of  the  country.  I  know  it  was 
popular  some  years  ago,  especially  in  the  West,  to  cry  out 
against  the  national  banks,  but  I  am  happy  to  say  that  day 
has  passed.  Now,  as  I  have  said,  to  pass  this  measure  will 
encourage  the  national  banks,  and  will  encourage  other 
private  banks  and  state  banks  to  go  into  the  national 
system;  and  I  ask  the  House,  as  a  matter  of  justice  to 
the  banks,  to  pass  this  bill. 

His  final  contribution  to  the  literature  of  Congress  was  on  the 
last  day  of  his  third  term,  when  through  the  Congressional 
Record  he  introduced  a  voluminous  newspaper  article  eulogizing 
the  first  two  years  of  the  administration  of  President  Harrison. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  455 


HON.  JOHN  A.  McSHANE. 

March  4th,  1887— March  4th,  1889. 

John  A.  McShane,  of  Omaha,  was  born  in  New  Lexington, 
Perry  County,  Ohio,  August  25th,  1850,  and  worked  upon  a  farm 
until  twenty-one  years  of  age,  receiving  only  such  education  as 
could  be  obtained  in  the  common  schools;  in  1871  went  to  Wyom- 
ing Territory  and  was  employed  on  a  cattle  ranch;  in  1873  be- 
came  a  cattle  owner;  in  1874  he  removed  to  Omaha',  but  retained 
his  interest  in  Wyoming  until  1883,  when  he  merged  his  indi- 
vidual cattle  interest  in  the  Bay  State  Live  Stock  Company,  of 
which  he  is  a  director;  he  was  one  of  the  promoters  of  the  Union 
Stock  Yards  at  South  Omaha,  and  is  president  of  the  company; 
he  was  also  a  promoter  of  and  a  director  in  the  South  Omaha 
Land  Company;  is  a  director  in  the  First  National  Bank  in 
Omaha  and  helped  to  organize,  and  is  president  of,  the  Union 
Stock  Yards  Bank  at  South  Omaha;  in  1880  he  was  elected  to 
the  lower  house  of  the  State  Legislature  from  Omaha  for  two 
years;  in  1882  he  was  elected  for  another  term;  in  1884  he  was 
chosen  to  the  State  Senate,  and  was  elected  to  the  50th  Con- 
gress, as  a  Democrat,  receiving  23,306  votes  against  16,373  for 
Church  Howe,  Republican. 

Being  an  intelligent  Democrat,  and  in  all  things  a  practical 
worker,  it  is  not  to  be  considered  a  matter  of  astonishment  that 
the  modes  of  purchasing  army  supplies  arrested  his  attention, 
and  evoked  from  the  first  elected  Democrat  from  Nebraska  ad- 
verse criticism. 

Mr.  McShane:  It  has  been  the  custom  heretofore  in  the 
purchase  of  such  supplies  to  concentrate  them  at  two 
points,  namely,  in  Jeffersonville,  Ind.,  and  in  Philadelphia, 
Pa.  These  were  the  two  general  depots  of  supplies  for  the 
army,  and  from  these  two  points  the  supplies  were  distrib- 
uted throughout  the  country  to  the  various  posts  and  sta- 
tions. Now,  it  was  not  part  of  the  duty  of  the  Secretary  of 
Warj  where  the  supplies  had  been  concentrated  at  these 
two  points — or  rather  I  should  say  he  was  not  enabled  to 


450  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

purchase  where  he  could  purchase  cheapest,  for  the  reason 
that  it  was  necessary  to  concentrate  the  supplies  at  the 
points  named,  and  proximity  to  those  points  was  often  an 
element  in  determining  the  purchase. 

I  will  state  to  the  gentleman  that  the  amendment  pro- 
posed by  my  colleague  from  Nebraska  (Mr.  Laird)  is  in- 
tended to  take  the  place  of  provisions  in  former  bills.  It 
provides  that  the  purchase  of  these  supplies  shall  be  made 
where  they  can  be  bought  cheapest;  but  one  of  the  most 
important  elements  of  cheapness  may  be  the  cost  of  trans- 
portation. I  do  not  see  how  there  can  be  any  objection 
to  such  an  amendment  as  that,  and  from  the  fact  that  the 
distributing  point  in  former  bills  has  been  stricken  from 
this  bill.  So  that  it  is  simply  right  and  proper  that  a  pro- 
vision should  be  put  in  this  bill  compelling  the  Department 
to  purchase  where  they  can  purchase  cheapest  on  the  con- 
ditions named. 

Two  important  objects  were  to  be  obtained  by  the  amend- 
ment proposed,  the  one  to  purchase  in  the  cheapest  market  and 
the  other  to  prevent  favoritism. 

Western  men  could  see  no  objection  to  supplies  being  pur- 
chased at  Leavenworth,  Kansas,  and  Omaha,  Nebraska,  if 
thereby  money  could  be  saved  to  the  Government. 

But  the  red  tape  processes  and  veneration  for  the  old  and 
familiar  held  almost  absolute  sway  among  army  officers  and  old 
members  of  Congress,  to  the  utter  disgust  of  "pioneers"  who 
formed  precedents  aDd  created  destinies. 

LAND    SYSTEM. 

The  land  system  was  also  an  object  of  very  special  interest, 
indeed,  paramount  to  all  others,  on  account  of  the  agricultural 
interests  of  the  State,  and  the  fact  that  a  majority  of  the  settlers 
were  yet  awaiting  the  maturity  of  their  titles.  The  administra- 
tion of  President  Cleveland  had  found  the  land  laws  evaded 
and  violated  by  all  the  adroitness  of  land  shark  syndicates  and 
individual  frauds.  Large  cattle  ranges  had  been  fenced  and 
guarded,  pre-emption  claims  fraudulently  located  and  sold.  To 
restore  these  claims  to  market  required  the  services  of  soldiers 
and  special  agents.  That  mistakes  were  sometimes  made  by  the 
special  detectives  cannot  be  doubted,  but  as  their  acts  were  not 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  457 

final,  there  was  always  a  chance  for  the  interposition  of  ex- 
perienced officials  and  the  correction  of  errors. 

On  this  subject  Mr.  McShane  uttered  his  sentiments  as  fol- 
lows: 

SPECIAL  AGENTS. 

In  offering-  the  amendment  to  this  paragraph  and  in  any 
remarks  I  made  in  support  of  the  amendment  I  do  not  re- 
call that  in  any  manner  I  cast  any  reflection  upon  the  Com- 
missioner of  the  General  Land  Office  or  the  management  of 
the  General  Land  Office  so  far  as  the  administration  of  that 
office  is  concerned.  That  was  far  from  my  mind,  but  the 
action  and  procedure  of  the  special  agents  in  the  field  is 
what  I  object  to.  In  providing  the  necessary  funds  to  en- 
able the  General  Land  Office  to  detect  frauds  and  prose- 
cute fraudulent  entries  I  will  go  as  far  as  any  gentleman 
on  this  floor. 

But  I  say  here  that  the  special  agents  of  the  General 
Land  Office  in  the  field  do  not  confine  themselves  to  the 
fraudulent  entries  on  the  public  lands,  but  rather,  in  my 
section  especially,  to  the  prevention  of  honest  homestead- 
ers from  securing  titles  to  their  claims.  This  is  what  I 
object  to.  I  believe  $50,000  is  amply  sufficient  to  provide 
the  necessary  special  agents  for  the  detection  of  fraudu- 
lent entries  by  cattle  syndicates,  or  any  other  syndicates, 
either  foreign  or  domestic,  in  their  fraudulent  land  entries. 
Hence,  it  is  not  necessary  that  we  should  appropriate  $50,- 
000  additional  for  the  purpose,  as  I  have  named,  of  perse- 
cuting honest  homesteaders  in  the  agricultural  states  of 
Nebraska  and  Kansas. 

I  say  that  this  money  has  been  to  a  certain  degree 
squandered,  and  I  say  further  that  this  fraud  has  not  been 
perpetrated  by  Democratic  officials  or  special  agents,  but 
in  most  cases  by  Eepublican  special  agents  who  have  held 
over  from  preceding  administrations. 

Mr.  Laird:    Put  them  out. 

Mr.  McShane:   Some  of  them  have  been  put  out. 

Mr.  Laird:  Put  the  rest  out. 

Mr.  McShane:  I  say  that  those  special  agents  have  car- 
ried on  this  process  of  the  persecution  of  honest  home- 
steaders to  an  extent  working  great  hardship  and  incon- 
venience to  those  poor  people  who  have  undergone  the 
hardships  and  sacrifices  of  frontier  life  to  the  end  that 
they  might  secure  homes  for  themselves  and  their  children. 

I  have  knowledge  of  cases  where  the  special  agents  have 
expended  $1,800  in  an  endeavor  to  procure  testimony  that 
would  defeat  the  claim  of  a  settler.     After  expending  this 


458  NEBRASKA   STATE   HISTORICAL   SOCIETY. 

amount  of  money  they  found  the  title  of  the  settler  com- 
plete as  it  was  possible  to  make  it;  that  he  had  in  every 
partic\ilar  complied  with  the  law.  Even  after  expending 
this  amount  of  money  the  special  agent  made  request  of 
the  General  Land  Office  for  $1,200  more  to  continue  the 
prosecution  and  the  gathering  of  testimony  against  this 
settler.  That  would  make  $3,000  expended  in  prosecuting 
one   case. 

After  spending  the  $1,800  and  finding  nothing,  he  sus- 
pended the  case  until  he  could  get  $1,200  more. 

This  is  a  matter  I  am  opposed  to.  Those  are  the  pro- 
ceedings to  which  I  am  opposed  to  appropriate  money  tp 
continue.  But  so  far  as  the  honest  prosecution  of  fraudu- 
lent land  entries,  whether  they  are  made  by  individuals, 
cattle  syndicates,  or  any  other  syndicates  is  concerned,  I 
will  go  as  far  as  any  gentleman  in  appropriating  the  neces- 
sary funds. 

EXORBITANT  CHARGES. 

Understanding  that  clerks  and  notaries  public  were  in  the 
habit  of  charging  exorbitant  prices  for  the  taking  of  testimony 
in  certain  proof  cases,  he  advocated  an  amendment,  not  to  ex- 
ceed $3  per  case. 

Mr.  McShane:  Under  the  existing  law  notaries  public 
and  clerks  of  the  district  courts  in  the  different  counties 
have  the  power  to  take  the  testimony  of  the  final  proof  and 
forward  the  same  to  the  district  land  office.  In  the  ma- 
jority of  cases  the  final  proof  is  taken  before  the  clerk  of 
the  district  court  in  the  county  in  which  the  homestead  is 
located.  The  existing  law  does  not  fix  the  amount  of  fees 
to  be  charged  in  such  cases;  but  where  the  proof  is  taken 
before  the  district  land  office  the  fees  are  limited.  The 
charges  usually  in  such  cases  before  the  clerk  of  the  dis- 
trict court  and  county  clerk  are  from  two  to  five  dollars, 
and  are  in  excess  of  the  amount  allowed  where  the  proofs 
are  taken  before  the  register  or  receiver.  An  imposition  is 
being  practiced  all  through  the  West  on  homesteaders  mak- 
ing their  final  proofs  from  the  fact  that  even  at  the  exor- 
•  bitant  price  charged  by  those  officers  it  is  cheaper  than  to 
pay  railroad  fare  in  many  cases  75  or  100  miles  to  the  dis- 
trict office.  I  hope  the  committee  will  accept  this  amend- 
ment. It  is  only  to  guard  against  the  imposition  of  the 
officers   in  the   different   counties. 

LAND  MONOPOLY. 

His  hostility  to  the  swindling  system  by  which  syndicates  got 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  459 

possession  of  450,000  acres  of  land  under  the  "desert-land  act," 
while  each  citizen  was  limited  to  an  entry  of  only  640  acres,  was 
manifest  on  a  bill  to  prevent  monopoly  in  the  public  lands. 

Mr.  McShane:  I  am  going  to  state  just  how  it  occurred. 
I  find  syndicates  who  procure  men  who  make  their  declara- 
tions and  take  up  the  lands  under  the  desert-land  act,  and 
after  they  have  paid  the  amount  necessary  to  procure  the 
possession  of  the  lands  these  syndicates  perform  the  neces- 
sary work  required  under  the  law  to  make  the  final  proof. 
That  I  will  say,  the  first  declaration  of  the  first  settler, 
and,  by  the  way,  he  is  not  required  to  live  on  the  land,  but 
to  make  certain  improvements;  he  is  not  even  required  to 
go  to  the  land  district  t'o  make  his  filing  under  the  law. 
but  his  filing  is  placed  upon  record,  and  the  syndicates  per- 
form the  necessary  requirements  from  that  time  on  during 
the  period  of  three  years  to  effect  and  complete  the  im- 
provements and  secure  the  title.  They  have  an  assign- 
ment of  the  claims  from  the  original  party  and  when  the 
proofs  are  completed  we  find  the  claims  being  transferred 
and  the  patents  issued  to  the  syndicate  performing  the  im- 
provements of   the  land. 

On  an  occasion  when  the  question  was  upon  fees  received  from 
homestead  proofs  covered  into  the  treasury,  and  not  thereafter 
expended,  in  full,  for  clerical  services,  in  cases  where  land 
officers  had  to  bear  part  of  the  outlay  from  their  own  salaries, 
Mr.  McShane,  as  usual,  remembered  the  toiling  settler. 

HOMESTEAD    RELIEF. 

Mr.  McShane:  I  am  speaking  of  the  fees  collected  from 
homesteads.  The  last  report  of  the  Commissioner  of  the 
General  Land  Office  shows  that  the  revenue  from  home- 
steads alone  for  1887  was  nearly  $1,700,000;  $1,700,000  col- 
lected from  the  settlers  on  the  public  domain,  who  are  sup- 
posed to  have  little,  in  many  cases  nothing  at  all,  not  even 
enough  to  pay  necessary  legal  fees  in  proving  up  their 
claims. 

Is  it  pretended  that  this  Government  is  to  collect  from 
this  class  of  people  a  revenue  of  $1,700,000  in  every  year 
when  we  must  admit  that  the  intention  of  the  law  was  that 
the  minimum  amount  should  be  collected  from  settlers 
on  the  public  domain — only  enough  to  meet  the  expense  of 
maintaining  the  clerical  force?  In  1884  there  was  $145,000 
appropriated  for  clerk-hire  and  contingent  expenses  in  one 
hundred  and  six  offices.     In  addition  to  this   the  registers 


460  NEBRASKA   STATE  HISTORICAL  SOCIETY. 

and  receivers  received  all  of  the  fees  collected  for  reducing 
testimony  to  writing,  and  also  for  the  furnishing  of  ab- 
stracts and  plats,  but  in  the  present  bill,  with  one  hundred 
and  eleven  land  offices,  the  committee  appropriate  only 
$150,000  and  cover  into  the  treasury  the  fees  collected.  Of 
the  $120,000  that  was  appropriated  for  contingent  expenses 
last  year  $86,000  was  covered  into  the  treasury,  leaving  a 
balance  of  only  $34,000  in  that  fund.  Now,  I  desire  to  say 
that  the  money  appropriated  by  this  bill  is  not  money 
taken  out  of  the  treasury  at  all.  The  salaries  of  the  reg- 
isters and  receivers,  and  also  of  the  clerical  force  in  the 
local  land  offices  are  based  upon  the  amount  of  fees  col- 
lected in  those  offices,  and  if  there  is  not  $3,000  collected 
in  fees  the  officer  does  not  get  that  amount. 

This  money  is  appropriated  merely  as  a  guaranty  fund; 
it  is  collected  back  from  settlers  proving  up  on  their 
claims;  so  that  in  the  appropriation  of  this  money  there  is 
not  a  dollar  of  real  expenditure  on  the  part  of  the  Govern- 
ment. The  settlers  pay  the  money  into  the  local  land 
offices,  and  from  there  it  is  covered  into  the  treasury  and 
appropriated  back  by  Congress  for  the  payment  of  the 
expenses  of  the  service. 

FREE  IRON  AND  STEEL. 

When  a  tariff  bill  was  under  discussion,  with  a  provision  that 
"Iron  and  steel  hoops  for  cotton  ties  and  baling  purposes" 
should  come  in  free,  and  a  clamor  was  raised  that  such  legisla- 
tion would  be  a  special  favor  to  the  South,  Mr.  McShane  offered 
an  amendment,  and  said: 

Mb.  McShane:  I  am  in  favor  of  admitting  hoop-iron  of  the 
class  mentioned  in  this  paragraph  free  of  duty,  provided 
that  Avhen  admitted  it  may  be  used  for  any  purpose  what- 
ever. The  amendment  that  I  offer  will  accomplish  that  ob- 
ject and  admit  iron  and  steel  hoops  not  thinner  than  No.  20 
wire  gauge  free  of  duty  and  will  allow  the  same  to  be  used 
for  whatever  purpose  parties  may  choose  to   use  them. 

Me.  Bayne:  I  suggest  to  the  gentleman  that  he  will  not 
fully  accomplish  his  purpose  by  his  amendment,  because 
they  use  more  wire  than  hoop-iron  for  baling. 

Mr.  McShane:  I  want  them  to  have  the  privilege  of  using 
hoop-iron  if  they  see  fit,  and  I  merely  want  to  say  now, 
because  I  do  not  wish  to  take  up  the  time  of  the  House,  that 
upon  a  failure  to  allow  this  hoop-iron  to  be  used  for  any 
purpose  for  which  people  desire   to  use  it,  I  shall  vote  to 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  461 

strike  out  from  this  bill  the  paragraph  under  consideration, 
thus  leaving-  the  duty  as  it  exists  under  the  present  law. 

The  amendment  was  agreed  to. 

A  FAITHFUL  WORKER. 

The  Congressional  Kecord  shows  that  while  Mr.  McShane 
gave  special  attention  to  the  subject  of  lands,  the  Committees 
of  Indian  Affairs  and  Public  Buildings  were  those  to  which  he 
was  specially  assigned,  and  which  were  of  vital  importance  to 
the  new  state.  From  the  Committee  of  Public  Buildings  it  was 
his  good  fortune  to  have  reported  in  favor  of  United  States  build- 
ings at  Omaha,  Beatrice  and  Hastings ;  and  from  Indian  Affairs, 
in  behalf  of  the  interests  of  the  Flatheads,  Omahas,  Umatillas 
and  Winnebagoes. 

The  list  of  pension  applications  presented  by  him,  and  argued 
before  the  committee,  was,  as  usual,  voluminous;  while  Western 
Territories  appealed  to  the  kindly  offices  of  one  who  had  far 
exceeded  many  of  their  citizens  in  a  residence  west  of  the 
Missouri. 

As  a  man  of  active  business  habits,  he  was  known  as  a 
worker,  more  than  a  mere  talker;  and  before  the  end  of  a  single 
term  was  longing  for  the  interchangeable  recreation  of  life  upon 
the  range  with  that  of  the  board  of  trade,  the  counting  house 
and  railroad  construction. 


I  til'  NEBRASKA    STATE  HISTORICAL   SOCIETY. 


HON.  WILLIAM  J.  BRYAN. 
March  4th,  1891— March  4th,  1895. 

Hon.  W.  J.  Bryan  was  born  in  Salern,  Marion  County,  Illinois, 
March  19,  18G0;  attended  public  school  until  fifteen  years  of  age, 
spending  his  vacations  on  the  farm;  in  the  fall  of  1875  entered 
Whipple  Academy  at  Jacksonville,  Illinois;  entered  Illinois  Col- 
lege, Jacksonville,  in  1877;  completed  a  classical  course  and  was 
graduated  with  the  highest  honors  in  1881;  attended  Union 
College  of  Law,  Chicago,  Illinois,  for  two  years,  during  which 
time  he  was  connected  with  the  office  of  ex-Senator  Lyman 
Trumbull;  began  the  practice  of  his  profession  at  Jacksonville; 
removed  to  Lincoln,  Nebraska,  October  1,  1887,  and  became  a 
member  of  the  firm  of  Talbot  &  Bryan;  never  held  an  elective 
office  prior  to  his  election  to  Congress;  was  elected  to  the  Fifty- 
second  congress  as  a  Democrat,  receiving  32,376  votes,  against 
25,663  votes  for  William  J.  Connell,  Republican;  13,066  votes 
for  Allen  Root,  Independent;  1,670  votes  for  E.  H.  Chapin,  Pro- 
hibitionist, and  8  votes  scattering. 

He  was  renominated  by  acclamation  in  1892,  met  his  oppon- 
ent in  joint  debate  and  was  elected  by  140  plurality,  in  a  district 
giving  the  Republican  State  ticket  6,000  plurality.  To  defeat 
him  Governor  Foraker  and  McKinley,  of  Ohio,  entered  the  can- 
vass. He  was  again  placed  on  the  Ways  and  Means  Committee 
and  took  an  active  part  in  preparing  the  tariff  bill  of  1894. 
Three  years  from  his  arrival  in  Nebraska  he  was  nominated  and 
first  elected  to  congress.  During  joint  discussions  with  Hon. 
W.  J.  Connell,  in  a  campaign  memorable  for  honorable  competi- 
tion and  manly  decorum,  the  culmination  came  in  the  following 

CLASSICAL  EPISODE. 
Mr.  Bryan  to  Mr.  Connell:  We  now  bring  to  a  close  this 
series  of  debates,  which  was  arranged  by  our  committees. 
I  am  glad  that  we  have  been  able  to  conduct  these  discus- 
sions in  a  courteous  and  friendly  manner.  If  I  have  in 
anyway  offended  in  word  or  deed,  I  offer  apology  and  regret, 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  463 

and  as  freely  forgive.  I  desire  to  present  to  you  in  remem- 
brance of  these  pleasant  meetings,  this  little  volume,  be- 
cause it  contains  "Gray's  Elegy,"  in  the  perusal  of  which  I 
trust  you  will  find  as  much  pleasure  and  profit  as  I  have. 
It  is  one  of  the  most  beautiful  and  touching  tributes  to 
humble  life  that  literature  contains.  Grand  in  its  sentiment 
and  sublime  in  its  simplicity,  we  can  both  find  in  it  a  solace 
in  victory  or  defeat.  If  success  should  crown  your  efforts  in 
this  campaign  and  it  should  be  your  lot 

"The  applause  of  listening  senates  to  command," 

And  I  am  left 

"A  youth  to  fortune  and  to  fame  unknown," 

Forget  not  us,  who  in  the  common  walks  of  life  perform 
our  part,  but  in  the  hour  of  your  triumph  recall  the  verse: 

"Let  not  ambition  mock  their  useful  toil, 
Their  homely  joys  and  destinies  obscure, 
Xor  grandeur  hear  with  a  disdainful  smile 
The  short  and  simple  annals  of  the  poor." 

If,  on  the  other  hand,  by  the  verdict  of  my  countrymen 
I  should  be  made  your  successor,  let  it  not  be  said  of  you — 

"And  melancholy  marked  him   for  her  own," 
But  find  sweet  consolation  in  the  thought — 

"Full  many  a  gem  of  purest  ray  serene 

The  dark  unfathomed  caves  of  ocean  bear; 
Full    many    a    flower   is    born    to    blush   unseen, 
And  waste  its  sweetness   on  the  desert  air." 

But  whether  the  palm  of  victory  is  given  to  you  or  to  me, 
let  us  remember  those  of  whom  the  poet  says: 

"Far   from    the    madding   crowd's    ignoble    strife, 
Their  sober  wishes  never  learned  to  stray; 
Along  the  cool,  sequestered  vale  of  life 

They  kept  the  noiseless  tenor  of  their  way." 

These  are  the  ones  most  likely  to  be  forgotten  by  govern- 
ment. When  they  cry  out  for  relief  they  too  often  hear  no 
answer  but  the  "echo  of  their  cry,"  while  the  rich,  the 
strong,  the  powerful  are  given  an  attentive  ear. 

For  this  reason  is  class  legislation  dangerous  and  deadly; 
it  takes  from  the  least  able  to  give  and  gives  to  those  who 
are  least  in  need.  The  safety  of  our  farmers  and  our  labor- 
ers is  not  in  special  legislation,  but  in  equal  and  just  laws, 
that  bear  alike  on  every  man.  The  great  mass  of  our  peo- 
ple are  interested,  not  in  getting  their  hands  into  other 
people's  pockets,  but  in  keeping  the  hands  of  other  people 
out  of  their  pockets. 

Let  me  in  parting  express  the  hope  that  you  and  I  may 


464  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

be  instrumental  in  bringing-  our  government  back  to  better 
laws,  which  will  treat  every  man  in  all  our  land  alike 
without  regard  to  creed  or  condition.  I  bid  you  a  friendly 
farewell. 

RENOMINATION    DECLINED. 

As  the  end  of  his  second  congressional  term  approached,  in  the 
fall  of  1894,  Mr.  Bryan  declined  to  be  a  candidate  for  re-election, 
and  was  announced  as  a  candidate  for  United  States  Senator, 
according  to  a  provision  of  the  constitution  of  Nebraska.  Having 
been  endorsed  by  a  Free-Silver  Democratic  State  Convention, 
which  also  adopted  the  Populist  candidate  for  Governor,  he  en- 
tered upon  the  campaign  with  all  his  accustomed  zeal  and  power. 
Had  the  Populists  and  Democrats  elected  a  majority  of  the  legis- 
lature his  election  to  the  Senate  was  generally  conceded. 

Of  joint  debates,  with  the  Hon.  John  M.  Thurston,  who  was 
elected  to  the  Senate  by  a  Republican  legislature,  it  is  safe  to 
say,  that  no  such  wild  enthusiasm  ever  before  possessed  Ne- 
braska audiences;  and  no  greater  display  of  forensic  eloquence 
ever  repaid  their  devoted  attention. 

HONORABLE    PROMOTION. 

On  his  first  election,  as  the  second  Democrat  from  the  State, 
and  predicated  on  his  splendid  canvass,  party  papers  at  once 
demanded  for  him  unusual  recognition  upon  the  committees  of 
the  House.  In  addition  to  this,  his  Illinois  friend,  Mr.  Springer, 
was  made  chairman  of  the  Committee  of  Ways  and  Means,  and 
knowing  of  the  ability  and  acquirements  of  the  young  member 
from  the  West  desired  him  as  a  colleague.  But  to  the  members, 
generally,  he  was  only  a  legislative  novice  from  a  purely  agri- 
cultural state.  On  the  16th  of  March,  1892,  he  delivered  a  tariff 
speech  of  which  a  correspondent  said: 

When  William  Jennings  Bryan  arose  in  his  seat  in  the 
House  last  week  to  address  that  body  on  the  tariff  ques- 
tion those  who  knew  him  best  did  not  doubt  that  he  would 
do  himself  and  his  party  credit,  but  even  his  most  sanguine 
friends  were  unprepared  for  the  sensation  that  his  speech 
created.  It  is  no  stretch  of  the  imagination  to  say  that  this 
speech  was  a  sensation,  for  rarely  before  in  the  history  of 


W.  J.  BRYAN. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  465 

Congress  has  a  new  man  been  accorded  the  attention  or 
awarded  the  praise  that  has  fallen  to  the  rising'  young 
statesman  from  Nebraska.  When  he  began  to  speak  the  Re- 
publicans looked  on  with  something  of  curiosity,  but  curi- 
osity soon  gave  way  to  interest,  and  interest  developed  into 
admiration  as  the  conviction  became  apparent  that  it  was 
not  the  argument  of  a  novice  that  was  being  delivered. 

When  the  next  morning's  sun  arose  Mr.  Bryan  found  that 
he  Avas  famous  and  that  his  political  sun  was  already  high  in 
the  heavens.  Without  exception  the  papers  all  over  the 
country  spoke  in  the  most  glowing  terms  of  this  new  light 
in  the  Democratic  party,  and  predicted  a  brilliant  future 
for  him. 

GEMS. 

In  presenting  a  summary  of  this  "maiden  effort,"  an  admis- 
sion of  failure  on  the  part  of  the  compiler  need  not  humiliate, 
considering  how  far  disjointed  parts  fall  beneath  a  harmonious 
whole.  Asa  compiler,  however,  I  will  give  a  pen  picture  of  him, 
in  colors  of  his  own  compounding,  as  he  stands  out  on  the  plane 
of  the  Congressional  Record. 

FIRST,    AS   A    FEARLESS,    SELF-POISED    ANTAGONIST. 

In  his  opening  sentence  he  accepted  the  protection  challenge 
of  Mr.  Dingley,  of  Maine,  and  waiving  all  conventional  formali- 
ties, as  a  new  member,  thrust  a  javelin  at  once  in  the  side  of 
the  opposition  party,  whom  he  described  as  occupying  the 
"wedge  shaped  space  on  what  used  to  be  called  the  Republican 
side."    Said  he: 

I  consider  myself  fortunate  that  I  am  permitted  to  hear 
protection  doctrine  from  its  highest  source.  Out  in  Ne- 
braska we  are  so  far  away  from  the  beneficiaries  of  a  tariff 
that  the  argument,  namely,  justification  of  protection,  in 
traveling  that  long  distance,  becomes  somewhat  diluted  and 
often  polluted,  so  that  I  am  glad  to  be  permitted  to  drink 
the  water,  fresh  from  its  fountains  in  Maine  and  Massachu- 
setts, and  I  will  assure  the  gentleman  that  those  of  us  who 
believe  in  tariff  ref  orm  are  willing  to  meet  him  on  the  prin- 
ciples involved  not  only  here,  but  everywhere. 

At  the  end  of  an  hour,  having  revealed  himself  as  a  sound, 
logical   debater,  Mr.   Burrows  (Republican)   moved  that  he   be 
31 


166  NEBRASKA    STATE    HISTORICAL  SOCIETY. 

granted  unlimited  time,  and  the  advocates  of  high  protection 
determined  t<>  ply  the  new  and  inexperienced  member  with  an- 
Doying  questions. 

EQUAL   TO  THE    EMERGENCY. 

MB.  M<  Ki  n\a:  Do  you  really  believe  that  the  protective 
policy  is  similar  to  the  pick-pocket  policy  of  putting-  a  man's 
hand  into  another  man's  pocket  and  extracting-  money  from 
it? 

Mr.  Bryan:    Yes.  that  is  my  belief. 

Mr.  M(  Kf.n.na:  Now,  then,  one  more  question.  You  can 
answer  it  all  together.  If  that  is  so,  how  do  you  justify 
your  position,  not  in  economics,  but  in  morality,  for  report- 
ing a  bill  which  leaves  39  per  cent  taxes  on  woolen  clothing? 

Mi;.  Bryan:  Mi-.  Chairman,  if  I  found  a  robber  in  my 
house,  who  had  taken  all  I  had,  and  I  was  going  to  lose  it 
all  or  else  get  back  one-half  I  would  take  the  half.  [Laugh- 
ter and  applause  on  the  Democratic  side.]  I  will  ask  the 
gentleman  from  California  if  he  would  refuse  to  give  the 
people  any  relief  because  he  could  not  give  all  that  he 
wanted  to  give. 

Mr.  McKenna:    No. 

Mr.  Bryan:    Then  we  agree.     [Applause.] 

Mr.  Perkins:  Are  you  to  be  understood  as  opposed  to  a 
state  or  national  protection  to  be  extended  to  the  beet- 
sugar  industry? 

Mr.  Bryan:  I  am  most  assuredly.  [Loud  applause  on 
Democratic  side.]  And  when  it  is  necessary  to  come  to  Con- 
gress and  ask  for  a  protection  or  bounty  for  an  industry  in 
my  own  state,  which  I  should  refuse  as  wrong  to  an  indus- 
try in  another  state,  I  shall  cease  to  represent  Nebraska  in 
Congress.  [Great  applause.]  There  is  the  difference  be- 
tween a  bounty  and  a  protective  tariff  that  the  Bible 
describes  when  it  speaks  of  the  "destruction  that  wasteth 
at  noonday,  and  the  pestilence  that  walketh  in   darkness." 

Mr.  Raines:  I  have  in  my  desk  a  list  of  twenty-seven 
manufacturers  of  tin,  but  I  want  to  say  to  the  gentlemen, 
that  no  trade  paper  was  ever  published  that  could  ever  con- 
lain  a  list  of  all  the  tin  plate  liars  of  the  United  States. 
[Applause  on  the  Bepublican  side.] 

Mr.  Bryan:  I  do  not  suppose  that  paper,  then,  has  a  bio- 
gra pineal  sketch  of  my  friend  from  New  York.  [Prolonged 
applause   on   the   Democratic   side.] 

HAPPY     WITH    ILLUSTRATION. 
It  has  been  said  that  a  slave  was     a  slave  simply  because 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  4f)7 

100  per  cent  of  the  proceeds  of  his  toil  was  appropriated 
by  somebody  without  his  consent.  If  the  law  is  such  that  a 
portion  of  the  proceeds  of  our  toil  is  appropriated  by  some- 
body else  without  our  consent,  we  are  simply  to  that  ex- 
tent slaves  as  much  as  were  the  colored  men.  And  yet  this 
partj-.  that  boasts  of  striking-  the  manacles  from  6,000,000 
slaves,  is  engaged  driving  the  fetters  deeper  into  the  flesh 
of  65,000,000  of  free  men. 

You  want  to  raise  an  infant  industry;  you  take  a  pro- 
tective tariff  for  a  lever  and  put  one  end  of  it  under  the 
infant  industry;  you  look  around  for  some  good,  fat, 
hearty  consumer,  and  lay  him  down  for  a  ground  chunk; 
you  bear  down  on  the  rail,  and  up  goes  the  infant  industry, 
but  down  goes  the  ground  chunk  into  the  ground.  [Laughter 
and  applause.] 

Out  in  Nebraska  there  was  a  time  when  we  had  almost 
one  sheep  for  each  man,  woman  and  child.  We  look  back 
to  it  as  the  mutton  age  of  Nebraska.  [Laughter.]  But 
alas!  that  happy  day  has  passed.  The  number  of  sheep 
has  decreased,  until  now,  if  every  woman  in  the  Stat<;  named 
Mary  insisted  on  having  a  pet  lamb  at  the  same  time,  we 
would  have  to  go  out  of  the  State  to  get  lambs  enough  to 
go  around.     [Laughter  and  applause.] 

CLASSICAL  ALLUSIONS. 

Homer  tells  how  Ulysses  escaped  from  the  cave  of  the 
Cyclops  by  means  of  a  sheep.  We  read  in  the  Bible  that 
when  Isaac  was  about  to  be  offered  up,  a  ram  was  found 
caught  by  the  horns  in  a  thicket,  and  offered  in  his  stead; 
and  in  the  4th  chapter  of  Genesis,  I  think  in  the  2d  verse — 
my  Kepublican  friends,  of  course,  will  remember  [laughter] 
— it  is  recorded  of  the  second  son  of  the  first  earthly  pair, 
"Abel  was  a  keeper  of  sheep."  And  from  that  day  to  this 
the  sheep  has  been  the  constant  companion  of  man  in  all 
his  travels,  and  it  has  differed  from  its  modern  owner  per- 
haps the  most  in  that  it  is  recognized  as  the  symbol  of 
meekness.     [Laughter.] 

In  dealing  with  the  imperious  ex-Speaker,  Tom  Reed,  of  Maine, 
who  used  to  count  quorums  when  the  House  journal  did  not 
disclose  the  fact,  Mr.  Bryan's  English  classics  did  good  service. 

Mr.  Bryan:  We  shall  not  find  fault  with  him  if  he  con- 
sumes much  of  his  time,  as  he  gazes  around  upon  the  chairs 
once  occupied  by  his  faithful  companions,  in  recalling  those* 
beautiful  words  of  the  poet  Moore — 


4CS  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

"Tis  the  last  rose  of  summer, 
Left  blooming  alone. 
All  her  lovely  companions 

Have  faded  and  gone. 
No  flower  of  her  kindred, 

No  rosebud  is  nigh, 
To  reflect  back  her  blushes, 
Or  give  sigh  for  sigh." 
[Laughter.  | 

The  time  may  come,  I  say,  when  his  constituents  will 
address  him  in  the  language  of  that  other  verse,  as  beau- 
tiful in  words  and  appropriate  in  sentiment — 

"I'll  not  leave  thee,   thou   lone   one, 

To  pine  on  the  stem, 
Since  the  lovely  are  sleeping, 

Go  sleep  thou  with  them. 
Thus  kindly  I  scatter 

Thy  leaves  o'er  the  bed 
Where  thy  mates  of  the  garden 

Lie  scentless  and  dead." 

We  cannot  afford  to  degrade  the  common  people  of  this 
land,  for  they  are  the  people  who  in  time  of  prosperity  and 
peace  produce  the  wealth  of  the  country,  and  they  are 
also  the  people  who  in  time  of  war  bare  their  breasts  to  a 
hostile  fire  in  defense  of  the  flag. 

Go   to   Arlington,   or   to   any  of   the   national   cemeteries; 

see  there  the  plain  white  monuments  which  mark  the  place 

"where   rests  the  ashes   of  the   Nation's  countless   dead," — 

those  of  whom  the  poet  has  so  beautifully  written— 

"On   fame's    eternal   camping   ground. 
These  silent  tents  are  spread." 

BRILLIANT    RETORTS. 

You  say  that  we  deceived  them;  that  we  exceeded  you  in 
misrepresentation.  You  have  the  consolation  of  knowing 
1  hat  if  we  did,  it  was  the  first  time  we  ever  went  beyond 
you  in  that  respect.  [Applause.]  But  we  did  not,  because, 
is  a  successful  fabricator,  the  average  Republican  will  be 
recognized  as  one  the  latchet  of  whose  shoes  we  are  not 
worthy  to  unloose.     [Applause.] 

Where  are  the  men  who  were  the  most  largely  instru- 
mental  in  fastening  that  iniquitous  legislation  on  this  coun- 

Mb.  Raines:    One  of  them  is  Governor  of  Ohio. 

Mr.  Bryan:  Yes;  I  believe  he  did  succeed  in  being  elected 
governor  of  a  Republican  State.     [Applause.] 

Mi:.    Davis:    By  a  minority  vote. 

Mr.  Bryan:  Yes,  by  a  minority  vote.  And  to  such  extrem- 
ity  has  this  great  Caesar  come  that  he  welcomes  the  hold- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  469 

ing  of  a  Republican  state,  now,  more  than  ever  before,  he 
boasted  of  the  conquest  of  an  empire.     [Applause.] 

And  to-day  the  once  proud  Republican  party  thinks  it 
worth  while  to  announce  to  this  body,  through  the  gentle- 
man (Mr.  Raines),  that  the  Republican  party  has  made  a 
gain  in  supervisors  in  New  York.     [Laughter  and  applause.] 

As  space  can  not  be  given  to  many  paragraphs  of  a  two  hours' 
speech,  it  is  difficult  to  do  justice  to  the  argument  and  the 
speaker. 

FREE    WOOL. 

Mr.  Bryan:  The  reason  why  I  believe  in  putting  raw  ma- 
terial upon  the  free  list  is  because  any  tax  imposed  upon 
raw  material  must  at  last  be  taken  from  the  consumer  of 
the  manufactured  article.  You  can  impose  no  tax  for  the 
benefit  of  the  producer  of  raw  material  which  does  not  find 
its  way  through  the  various  forms  of  manufactured  pro- 
duct, and  at  last  press  with  accumulated  weight  upon  the 
person  who  uses  the  finished  product. 

Another  reason  for  believing  that  raw  material  should 
be  upon  the  free  list  is  because  that  is  the  only  method  by 
which  one  business  can  be  favored  without  injury  to  an- 
other. We  are  not,  in  that  case,  imposing  a  tax  for  the 
benefit  of  the  manufacturer,  but  we  are  simply  saying  to 
the  mamifacturer:  "We  will  not  impose  any  burden  upon 
you."  When  we  give  to  the  manufacturer  free  raw  ma- 
terial and  free  machinery,  we  give  to  him,  I  think,  all  the 
encouragement  which  a  people  acting  under  a  free  Govern- 
ment like  ours  can  legitimately  give  to  an  industry. 

NOT  CLASS  LEGISLATION. 

Our  friends  have  said  that  this  is  class  legislation.  That 
is,  that  when  we  say  we  will  deprive  the  wool-grower  of 
any  advantage  he  has  under  the  present  law  we  are  guilty 
of  class  legislation.  It  is  sufficient  evidence,  Mr.  Chairman, 
that  this  bill  does  not  advance  class  legislation  that  the 
Republican  party  is  solidly  opposing  it.  If  it  were  class 
legislation  we  could  reasonably  expect  their  united  sup- 
port.     [Applause  on  the   Democratic  side.] 

But,  sir,  I  desire  to  call  the  attention  of  the  committee 
to  this  distinction.  We  have  referred  to  it  in  the  report 
of  the  committee  on  binding-twine.  There  is  a  difference 
between  a  man  coining  to  this  Congress  and  demanding 
that  other  people  shall  be  subjected  to  a  tax  for  his  benefit 
and  a  demand  on  the  part  of  those  taxed  to  be  relieved  of 
the   burden.     Is   there   not   a  difference  between  these   two 


470  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

principles?  It  seems  1<>  me  thai  the  difference  is  as  marked 
as  between  day  and  night.  It  is  simply  this  difference,  sir: 
The  man  who  says,  "Impose  upon  somebody  else  a  tax  for 
ni\  benefit,"  says  what  the  pickpocket  says,  "Let  me  get 
my  hand  into  his  pocket";  but  the  man  who  says,  "Take 
away  the  burdens  imposed  on  me  for  other  people's  benefit," 
says  simply  what  every  honest  man  says,  "Let  me  alone  to 
enjoy  the  results  of  my  toil,"  I  repeat,  is  there  not  a 
difference  between  these  two  principles? 

MR.    CLAY'S   ARGUMENT. 

Having  quoted  Alexander  Hamilton,  in  1791,  against  the 
policy  of  "continued  bounties,"  Mr.  Bryan  continued: 

That  was  the  original  idea.     Mr.  Clay  said  in  1833: 

"The  theory  of  protection  supposes  too  that  after  a  cer- 
tain time  the  protected  arts  will  have  acquired  such 
strength  and  perfection  as  will  enable  them  subsequently, 
unaided,  to  stand  against  foreign  competition." 

And  again  in   1840: 

"No  one,  Mr.  President,  in  the  commencement  of  the  pro- 
tective policy,  ever  supposed  that  it  was  to  be  perpetual." 

This  was  the  argument  used  in  the  beginning;  but  argu- 
ments have  to  be  framed  to  meet  conditions,  and  we  find 
now  that  infants  that  could  get  along  on  10  per  cent  when 
they  were  born,  and  20  per  cent  when  they  were  children, 
and  ;;0  per  cent  when  they  were  young  men,  have  required 
40,  50,  60,  or  70  per  cent  when  old  and  entering  upon  their 
second  childhood.      [Laughter.] 

As  a  justification  for  attacking  the  tariff  law  by  special 
amendment,  he  referred  to  the  fact  that  the  Senate  and  Presi- 
dent would  resist  a  general  modification,  but  he  hoped  might 
favor  a  few  changes  on  articles  of  prime  necessity.  His  lan- 
guage was: 

It  is  not  as  great  a  reduction  as  might  be  made.  I  believe 
that  we  bave  left  far  more  tariff  than  can  be  shown  to  be 
necessary  to  provide  for  any  difference,  if  there  be  any 
difference,  between  the  cost  of  manufactures  here  and 
abroad.  But  I  am  led  to  agree  to  this  moderate  reduction 
of  the  tariff  upon  manufactured  articles  for  two  reasons; 
first,  because,  in  going  from  a  vicious  system — and  I  believe 
that  our  present  system  is  a  vicious  system,  created  by  the 
necessities  of  war  and   continued  by  favoritism — because,  I 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  4?  L 

say,  in  going  from  a  vicious  to  a  correct  system  the  most 
rapid  progress  can  be  made  by  degrees. 

Another  reason  why  I  am  willing  to  stop  at  this  point  at 
this  time  is  because  all  measures  of  legislation  must  be 
practical  rather  than  ideal. 

SUNLIGHT  TOO  CHEAP. 

Desiring  to  give  prominence  to  the  theory  which  he  regarded 
as  fallacious,  "an  attempt  to  raise  at  a  high  price  that  which  we 
can  purchase  abroad  at  a  low  price"  in  exchange  for  the  pro- 
ducts of  our  toil,  we  have: 

It  was  said  by  a  gentleman  who  appeared  before  the  com- 
mittee—I think  at  the  last  Congress — that  wool  could  be 
raised  in  Australia  for  6  cents  a  pound,  and  that  it  could 
not  be  raised  in  this  country  for  less  than  15  cents;  and  we 
are  told  that  it  is  a  wise  policy  to  so  tax  imported  wool  as 
to  enable  our  people  to  raise  wool  at  15  cents  a  pound  in- 
stead of  buying  it  at  6  cents  a  pound;  that  we  save  money 
and  give  employment  to  labor.  If  that  principle  is  true, 
then  it  is  wise  to  raise  wool  at  15  cents  a  pound  instead  of 
buying  at  3  cents,  because  we  save  more  in  labor.  If  it  is 
wise  to  raise  it  at  15  cents  a  pound  instead  of  buying  it  at 
3,  it  is  still  wiser  to  raise  it  at  15  cents  rather  than  have 
somebody  give  it  to  us.     [Laughter.] 

That  is  what  it  leads  to;  and  the  gentlemen  who  maintain 
that  position  are  fit  companions  for  the  people  who  are 
supposed  by  Bastiat  to  have  petitioned  the  French  legisla- 
ture to  find  some  way  of  preventing  the  sun  from  shining, 
because  it  interfered  with  the  business  of  the  candle- 
makers.  If  their  theory  is  true,  then  the  most  unkind  act 
of  the  Creator  was  to  send  that  great  orb  of  day  every 
morning  to  chase  away  the  shadows  of  the  night,  flood  all 
the  earth  with  his  brightness,  and  throw  om«  of  employ- 
ment those  who  otherwise  might  be  making  tsi'iow  candles 
to  light  the  world.     [Laughter.] 

REVENUE. 

I  am  not  objecting  to  a  tariff  for  revenue.  If  it  were 
possible  to  arrange  a  system  just  as  I  believe  it  ought  to 
be  arranged,  I  should  collect  one  part  of  our  revenues  for 
the  support  of  the  Federal  Government  from  internal  taxes? 
on  whisky  and  tobacco.  These  are  luxuries  and  may  well 
be  taxed.  I  should  collect  another  part  from  a  tariff  levied 
upon  imported  articles,  with  raw  material  on  the  free  list 
- — the   lowest   duties   upon   the   necessaries    of   life    and   the 


47L'  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

highest  duties  upon  the  luxuries  of  life.  And  then  I  should 
colled  another  part  of  the  revenues  from  a  graduated  in- 
come lax  upon  the  wealth  of  this  country.  [Loud  applause 
on  the  Democratic  side.]  It  is  conceded  by  all  writers  that 
a  tariff  upon  imports  operates  most  oppressively  upon  the 
poor.  A  graduated  income  tax  would  fall  most  heavily 
upon  the  rich,  and  thus  the  two  would  partially  compen- 
sate each  other  and  lessen  the  injustice  that  might  come 
from  either  one  alone.  That,  I  say,  would  be  my  idea,  if 
it  were  possible. 

"REDUCTIO  AD  ABSURDUM." 

Mr.  Bryan  showed  great  ability  in  the  "Reductio  ad  absurd  it  m" 
mode  of  argumentation: 

Now,  what  is  a  protective  tariff,  and  what  does  it  mean? 
It  is  a  simple  device,  by  which  one  man  is  authorized  to 
collect  money  from  his  fellow-men.  There  are  two  ways 
in  which  you  can  protect  industry.  You  can  give  it  a 
bounty  out  of  the  Federal  Treasury,  or  you  can  authorize 
it  to  take  up  the  collection  itself.  This  is  the  only  differ- 
ence. Suppose  that  the  Chairman  desired  to  help  some 
particular  industry — for  instance,  one  in  the  home  of  my 
friend  from  New  York  (Mr.  Raines),  who  has  asked  the 
question.  He  might  do  it  in  either  of  two  ways.  He  might 
pass  around  the  hat  here  and  collect  the  money  and  turn 
it  over  to  the  favored  industry,  or  he  might  simply  say  to 
the  man,  "I  will  put  a  tariff  upon  the  imported  article  and 
make  the  price  so  high  that  you  can  collect  the  additional 
price  for  your  home-made  article." 

Now,  what  is  the  difference  except  that  in  the  one  case 
the  Chairman  passes  around  the  hat  and  turns  the  money 
over  to  his  friend,  and  in  the  other  case  he  authorizes  the 
friend  to  pass  the  hat  himself. 

WHO    WILL   JUSTIFY    IT? 

I  desire  to  say  that  no  man  on  that  side  of  the  House  in 
this  session  of  Congress  will  stand  up  before  you  and 
justify  a  law  that  takes  from  one  man  one  cent  and  gives 
it  to  another  man  if  he  will  admit  that  that  is  the  opera- 
tion. Take  an  illustration:  Here  are  ten  men  owning 
farms  side  by  side.  Suppose  that  nine  of  them  should  pass 
a  resolution,  "Resolved,  That  Ave  will  take  the  land  of  the 
tenth  man  and  divide  it  among  us."  Who  would  justify 
such  a  transaction?  Suppose  the  nine  men  tell  the  tenth 
man  that  lie  will  get  it  back  in  some  way;  that  it  is  a 
great   advantage   to  live   amongst  nine   men  who   will  thus 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  473 

be  better  off,  and  that  indirectly  he  gets  an  advantage 
from  the  transaction?  [Laughter  and  applause  on  the 
Democratic   side.] 

How  long  do  you  suppose  it  would  be  before  they  would 
convince  that  man  that  they  were  right  in  taking  his  land? 
Would  you,  gentlemen,  dare  to  justify  that?  You  would 
not  justify  the  taking  of  one  square  foot  of  his  land.  If 
you  do  not  dare  do  that,  how  will  you  justify  the  taking 
of  that  which  a  man  raises  on  his  land,  all  that  makes  the 
land  valuable?  Where  is  the  difference  between  the  soil 
and  the  product  of  the  soil?  How  can  you  justify  the  one 
if  not  the  other? 

MORE  BLESSED  TO  GIVE  THAN  TO  RECEIVE. 

Now,  there  are  two  arguments  which  I  have  never  heard 
advanced  in  favor  of  protection;  but  they  are  the  best 
arguments.  They  admit  a  fact  and  justify  it,  and  I  think 
that  is  the  best  way  to  argue,  if  you  have  a  fact  to  meet. 
Why  not  say  to  the  farmer,  "Yes,  of  course  you  lose;  but 
does  not  the  Bible  say,  'It  is  more  blessed  to  give  than  to 
receive* — [laughter] — and  if  you  suffer  some  inconvenience, 
just  look  back  over  your  life  and  you  will  find  that  your 
happiest  moments  were  enjoyed  when  you  were  giving 
something  to  somebody,  and  the  most  unpleasant  moments 
were  when  you  were  receiving."  These  manufacturers  are 
self-sacrificing.  They  are  willing  to  take  the  lesser  part, 
and  the  more  unpleasant  business  of  receiving,  and  leave 
to  you  the  greater  joy  of  giving.  [Loud  laughter  and  ap- 
plause on  the  Democratic  side.] 

Why  do  they  not  take  the  other  theory,  which  is  borne 
out  by  historj" — that  all  nations  which  have  grown  strong, 
powerful,  and  influential,  just  as  individuals  have  done  it, 
through  hardship,  toil,  and  sacrifice,  and  that  after  they 
have  become  wealthy  they  have  been  enervated,  they  have 
gone  to  decay  through  the  enjoyment  of  luxury,  and  that 
the  great  advantage  of  the  protective  system  is  that  it  goes 
around  among  the  people  and  gathers  up  their  surplus 
earnings  so  that  they  will  not  be  enervated  or  weakened, 
so  that  no  legacy  of  evil  will  be  left  to  their  children. 
Their  surplus  earnings  are  collected  up,  and  the  great  mass 
of  our  people  are  left  strong,  robust,  and  hearty.  These 
earnings  are  garnered  and  put  into  the  hands  of  just  as 
few  people  as  possible,  so  that  the  injury  will  be  limited  in 
extent.  [Great  laughter  and  applause  on  the  Democratic 
side.] 


(71  NEBRASKA    STATE    HISTORICAL  SOCIETY. 

LONG  LIVE  THE   KING. 

AI'i<t  quoting  Mr.  Jefferson's  description  of  a  happy  and 
prosperous  people  he  came  to  a  period,  exclaiming: 

The  day  will  come,  Mr.  Chairman — the  day  will  come 
when  those  who  annually  gather  about  this  Congress  seek- 
ing to  use  the  taxing  power  for  private  purposes  will  find 
their  occupation  gone,  and  the  members  of  Congress  will 
meet  here  to  pass  laws  for  the  benefit  of  all  the  people. 
That  day  will  come,  and  in  that  day,  to  use  the  language  of 
another,  "Democracy  will  be  king!  Long  live  the  king!" 
[Prolonged   applause   on   the    Democratic   side.] 

BINDING   TWINE. 

May  3rd,  1892,  Mr.  Bryan  having  in  charge  a  bill  on  its  pass- 
age, to  place  binding  twine  on  the  free  list,  declined  its  further 
discussion  as  his  views  were  fully  given  on  a  wool  bill.  Of  the 
binding  twine  bill  he  said: 

This  bill  places  upon  the  free  list  the  various  kinds  of 
binding-twine.  The  majority  and  minority  of  the  com- 
mittee agree  upon  some  of  the  facts.  We  agree  that  there 
were  consumed  in  this  country  last  year  about  100,000.000 
pounds  of  binding-twine.  We  agree  that  if  a  tariff  of  seven- 
tenths  of  1  per  cent  is  added  to  the  price  of  the  binding- 
twine  that  it  costs  the  people  of  this  country  $700,000  be- 
cause of  that  tariff. 

We  agree  also  that  no  twine  was  imported  and  that  no 
revenue  was  received  by  the  Government  from  this  source. 
Therefore,  if  this  was  a  tax  upon  the  consumer,  it  was  a 
tax  of  $700,000  taken  out  of  the  people's  pocket,  not  one 
cent  of  which  reached  the  Treasury.  According  to  the  Re- 
publican idea,  that  is  an  ideal  tariff;  it  embraces  the  maxi- 
mum of  burden  with  the  minimum  of  revenue.     [Laughter.] 

We  had  a  report  from  one  of  the  manufacturers  of  bind- 
ing-twine that  there  are  thirty-five  binding-twine  factories 
in  the  United  States  (there  are  possibly  a  few  more).  If 
that  is  true,  then  $700,000  a  year  means  $20,000  to  everj'  one 
of  these  binding-twine  factories.  Is  that  a  trifling  con- 
sider;! t  ion?  It  is  trifling  to  the  farmer  to  be  taxed  1  cent 
an  acre,  but  it  is  a  matter  of  some  importance  (which  the 
minority  seem  to  think  of  more  consideration)  that  it 
means  $20,000  a  year  to  every  binding-twine  manufacturer 
in  this  country.  This  tax  is  a  small  matter.  Mr.  Chairman; 
1  cent   an  acre  is  trival;   the  total  sum  is  not  great;    but  if 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  475 

you  concede  the  rig'ht  of  Government  to  collect  from  the 
farmer  1  cent  an  acre  in  order  that  a  binding-twine  factory 
may  make  $20,000  a  year  more,  you  concede  the  right  of 
Government  to  collect  from  that  farmer  1  cent  an  acre  on 
each  of  two  hundred  additional  items  for  the  "protection" 
of  other  industries,  until  you  have  absorbed  every  cent  of 
his  income  from  his  farm.  They  told  us  the  other  day  that 
there  are  twenty-five  hundred  articles  upon  the  tariff  list. 
Now,  if  there  are  twenty-five  hundred  articles  upon  that 
list,  and  you  can  take  one  at  a  time  and  deal  with  it  upon 
this  principle,  imposing-  a  tax  of  1  cent  an  acre  upon  the 
farmer  for  each  article,  then  you  can  impose  an  aggregate 
tax  of  $25  an  acre  upon  the  farmer  for  the  benefit  of  some- 
body else.  This  binding-twine  tax  is  a  trifling  considera- 
tion, but  the  farmers  of  this  country  who  have  been  op- 
pressed, who  have  been  made  to  bleed  at  every  pore  by 
your  infamous  system,  will  welcome  even  a  trivial  advan- 
tage as  an  earnest  of  that  complete  relief  which  will  come 
when  it  is  in  our  power  to  give  it.  [Loud  applause  on  the 
Democratic    side.] 

FOX    AND    CHICKENS. 

Just  as  the  bill  was  put  upon  its  passage,  Mr.  Bryan,  replying 
to  Mr.  Payne,  of  New  York,  said: 

I  ask  them  why  it  is  that  people  who  manufacture  this 
article  are  so  anxious  to  continue  a  system  which  they 
say  reduces  the  price  of  that  which  they  have  to  sell?  We 
have  listened  too  long  to  the  men  who  levy  these  charges 
upon  the  farmers  and  who  continually  assert  that  they  are 
the  only  friends  of  the  farmer.  It  is  too  much  like  the  par- 
able of  the  fox,  who  when  the  farmer  undertook  to  build  a 
fence  around  his  chicken  house,  said:  "You  go  about  your 
business;  we  foxes  will  take  care  of  the  chickens;  we  are 
used  to  that  sort  of  thing;  we  understand  the  chicken  busi- 
ness; you  can  do  something  else."     [Laughter.] 

Mr.  Speaker,  the  farmer  has  been  allowing  these  men  to 
attend  to  this  business  for  him  long  enough,  but  he  has  now 
come  to  the  point  where  he  is  going  to  attend  to  it  himself, 
and  gentlemen  who  represent  farming  constituencies  upon 
this  floor  will  have  something  more  than  child's  play  on 
their  hands  when  they  go  back  and  undertake  to  explain 
to  their  constituents  why  it  is  that  they  are  willing  to  re- 
fuse even  the  benefit  of  1  cent  an  acre  to  this  oppressed 
class.  I  do  not  care  to  consume  more  time.  I  demand  the 
yeas  and  nays  upon  the  motion  to  suspend  the  rules  and 
pass  this  bill.  Let  us  so  vote  that  we  can  defend  our  action 
before  our  constituents.     [Applause  on  the  Democratic  side.] 


176  NEBRASKA    STATE   HISTORICAL  SOCIETY. 

PINKERTON    DETECTIVES. 

.lust  after  the  bloody  repulse  of  the  Pinkerton  detectives  by 
the  Homestead  strikers  in  Pennsylvania,  the  House  of  Represen- 
tatives ordered  an  investigation. 

Mi:.  Bryan:  I  only  desire  to  say,  Mr.  Speaker,  that  this 
resolution  ought  to  pass.  It  is  simply  to  investigate  whether 
there  has  been  any  violation  of  the  Federal  Constitution  or 
laws  by  the  action  of  these  men.  I  believe  in  law  and  order, 
but  I  believe  that  the  law  and  order  should  be  maintained 
by  the  lawful  authorities,  and  not  by  private  armies.  Gov- 
ernments are  organized  to  protect  life  and  property.  These 
functions  should  not  be  transferred  to  private  individuals 
and  hired  detectives  until  we  are  ready  to  acknowledge  gov- 
ernment  a  failure.  It  is  not  fair  to  compel  corporations  to 
protect  their  property  in  this  way,  nor  is  it  right  that  the 
safety  and  even  life  of  the  citizen  shall  be  imperiled  by  a 
private  and  irresponsible  soldiery.  Let  public  order  be 
preserved  by  public  authority.    [Applause.] 

CURRENCY. 

Mb.  Bryan:  I  am  in  favor  of  the  gold  and  silver  coinage 
of  the  Constitution.  I  am  in  favor  of  the  free  coinage  of 
gold  and  silver  at  the  present  ratio  and  believe  that  our 
paper  money  should  be  issued  by  the  National  Government 
alone,  and  convertible  into  coin  on  demand  [applause];  I 
am  not  willing,  either  by  my  voice  or  vote,  to  continue  na- 
tional banks  as  banks  of  issue;  neither  am  I  willing  that 
the  states  shall  authorize  private  corporations  to  issue 
money  which  would  have  all  the  objectionable  features  of 
national-bank  notes  without  their  advantages.  If  we  are 
going  to  have  a  currency  issued  by  private  corporations — I 
repeat  I  do  not  think  we  should  have  it  at  all — I  want  a  cur- 
rency that  is  guaranteed,  that  will  be  as  good  in  one  state 
as  another,  and  that  will  not  be  subject  to  the  fluctuation 
which  the  gentleman  from  Ohio  (Mr.  Joseph  D.  Taylor)  has 
spoken  of.  I  do  not  want  a  currency  which  will  make  it 
necessary  whenever  a  man  travels  from  one  state  to  another 
to  have  telegraphic  communication  with  all  parts  of  the 
United  States  in  order  to  know  whether  his  money  is  good. 

ADDITIONAL    NAVY    APPROPRIATIONS. 

Mr.  Bryan:  This  House  has  in  the  present  Congress 
passed  hills  proposing  to  bring  to  the  country  relief  from 
taxation;  does  the  other  legislative  branch  consider  those 
measures?     No;    it  stands  absolutely  in  the  way  of  afford- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  477 

ing  any  relief  whatever  to  the  people.  It  yields  absolutely 
nothing  to  us.  Now,  it  seems  to  me,  Mr.  Speaker,  that  when 
the  other  branch  of  the  Legislature  insists  upon  extrava- 
gant expenditures,  while  at  the  same  time  refusing  relief 
to  the  people,  we  who  have  sought  to  afford  such  relief  are 
justified  in  refusing  assent  to  such  extravagant  expendi- 
tures.     [Applause  on  the  Democratic  side.] 

Mr.  Speaker,  I  believe  in  a  sufficient  navy.  We  have  this 
now,  either  in  existence  or  in  construction.  We  do  not  need 
more.  It  is'not  necessary  for  us  to  establish  a  navy  greater 
than  any  other  in  the  world,  any  more  than  it  is  necessary 
for  us  to  organize  a  larger  standing  army  than  any  other 
nation.  I  desire  to  emphasize  the  thought  which  has  been 
so  eloquently  expressed  by  my  friend  from  Indiana  (Mr. 
Holman) — that  we  are  becoming  a  nation  of  splendor,  a  na- 
tion of  extravagance,  a  nation  of  show.  I  may  be  pardoned 
for  repeating — not  because  gentlemen  have  not  heard  it.  be- 
cause the  thought  conveyed  deserves  to  be  impressed  upon 
every  mind — the  truth  so  beautifully  expressed  by  the 
English  poet: 

"Ye  friends  of  truth,  ye  statesmen  who  survey 
The  rich  man's  joys  increase,  the  poor's  decay, 
'Tis  yours  to  judge  how  wide  the  limits  stand 
Between  a  splendid  and  a  happy  land." 

[Applause  on  the  Democratic  side.] 

Mr.  Speaker,  if  it  is  the'  object  of  the  body  at  the  other 
end  of  this  Capitol  to  bring  us  the  splendor  of  a  great 
country,  let  it  be  our  object  to  build  up  a  happy  land.  We 
can  afford  to  go  forth  to  our  people  upon  such  a  record. 
[Applause  on  the  Democratic  side.] 

ELECTION   OF   U.    S.    SENATORS. 

In  the  House,  July  19,  1892,  a  member  from  Wisconsin,  Mr. 
Bushnell,  said: 

The  method  is  following  out,  and  in  accordance  with  a 
joint  resolution  introduced  early  in  the  session  by  the 
gentleman  from  Nebraska  (Mr.  Bryan),  and  is  substantially 
the  adoption  of  the  constitutional  amendment  proposed  by 
him  in  that  joint  resolution. 

Mr.  Bryan:  Mr.  Speaker,  I  do  not  desire  to  consume 
the  time  of  this  House  in  the  discussion  of  the  merits  of 
the  original  proposition.  So  far  as  the  election  of  Senators 
by  the  people  is  concerned,  I  am  in  favor  of  it  in  whatever 
form  it  may  come,  and  I  can  see  no  reason  that  can  be 
urged  against  the  proposition,  except  a  distrust  of  the  peo- 
ple themselves.     But  I  do  earnestly  desire  to  call  the  atten- 


178  NEBRASKA    STATK    HISTORICAL   SOCIETY. 

tion  of  the  members  of  the  House  to  a  difference  between 
the  majority  and  minority  reports. 

Alicnit  three  months  ago  I  took  the  liberty  of  sending  to 
each  member  of  this  House  a  circular  letter,  calling  atten- 
tion id  the  minority  report  and  to  the  reasons  why  it  was 
presented,  in  order  that  the  matter  might  be  calmly  con- 
sidered,  and  1  beg  the  members  of  this  House  at  this  time  in 
considering  this  very  important  question  to  take  up  these 
two  reports  and  to  adopt  the  resolutions  which  are  most 
likely  to  meet  with  general  approval. 

The  amendment  which  has  been  proposed  by  the  gentle- 
man from  Wisconsin  (Mr.  Bushnell),  representing  the  mi- 
nority, instead  of  making  the  election  of  Senators  compul- 
sory upon  all  the  states,  leaves  it  optional  with  each  state 
to  adopt  or  reject  the  plan  as  it  sees  fit.  In  other  words, 
it  is  acting  in  the  line  of  the  least  resistance.  We  are 
attempting  to  change  the  Constitution  of  the  United  States. 
While  I  believe  that  there  is  a  great  public  demand  for  this 
change  among  the  people,  yet  I  know  that  it  will  be  com- 
bated. I  know  there  will  be  opposing  influences  and  forces, 
and  I  am  anxious  that  we  shall  adopt  that  proposition  which 
will  have  the  most  chance  of  being  accepted  by  the  people. 
The  optional  feature  ought  to  be  most  acceptable  to  both 
sides  of  this  House,  whether  they  favor  the  election  of  Sena- 
tors by  the  people  or  not.  If  you  are  opposed  to  it,  if  you 
believe  that  your  state  does  not  favor  it,  then  you  should 
favor  the  optional  feature,  because  it  leaves  your  state  free 
to  accept  it  or  reject  it. 

Tf,  on  the  other  hand,  you  are  in  favor  of  the  election 
of  Senators  by  the  people,  as  I  am,  then  you  ought  to  have 
confidence  that,  if  it  is  left  to  the  people  to  say,  they  are 
wise  enough  to  decide  for  themselves.  You  simply  give  them 
the  privilege  in  each  state  of  adopting  this  method  if  they 
see  fit,  and  I  believe  the  result  of  such  a  proposition  would 
be  that  in  a  short  time  every  state  in  the  Union  would  be 
electing  its  United  States  Senators  directly  by  the  people. 

ORATORICAL    CONDENSATION. 

During  the  second  session  of  the  52nd  Congress,  amidst  in- 
tense excitement  and  anxiety  in  the  House,  over  an  effort  to 
force  a  vote  involving  a  repeal  of  the  Sherman  act  of  1890,  four 
minutes  only  could  be  allowed  Mr.  Bryan  in  which  to  portray 
political  history,  party  fidelity,  with  pertinent  illustrations  and 
forcible  deductions,  couched  in  plain,  bold,  parliamentary  sar- 
casm. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  471) 

How  well  he  succeeded  in  compassing  a  vast  circle,  in  brief 
time,  will  appear  from  the  following  condensation. 

Mb.  Cox.  of  Tennessee:  I  yield  four  minutes  of  our  time 
to  the  gentleman  from  Nebraska   [Mr.  Bryan]. 

Me.  Bryan:  Mr.  Speaker,  we  oppose  the  consideration  of 
this  bill  because  we  oppose  the  bill,  and  we  oppose  the 
cloture  which  is  asked  in  order  to  secure  its  passage,  be- 
caiise  the  Democratic  party  dare  not  go  before  the  people 
and  tell  them  they  refused  cloture  for  free  coinage — which 
is  consistent  with  the  history  of  the  party;  for  the  tariff 
bills  which  we  promised  to  pass,  and  for  the  bill  for  the 
election  of  United  States  Senators  by  the  people, —  and  only 
yielded  to  it  at  the  dictation  of  the  moneyed  institutions 
of  this  country  and  those  who  want  to  appreciate  the  value 
of  a  dollar. 

I  call  attention  to  the  fact  that  there  is  not  in  this  bill  a 
single  line  or  sentence  which  is  not  opposed  to  the  whole 
history  of  the  Democratic  party.  We  have  opposed  the 
principle  of  the  national  bank  on  all  occasions,  and  yet 
you  give  them  by  this  bill  an  increased  currency  of  $15,000,- 
000.  You  have  pledged  the  party  to  reduce  the  taxation 
upon  the  people,  and  yet,  before  you  attempt  to  lighten 
this  burden,  you  seek  to  take  off  one-half  million  of  dollars 
annually  from  the  national  banks  of  the  country;  and  even 
after  declaring  in  your  national  platform  that  the  Sher- 
man act  was  a  "cowardly  makeshift,"  you  attempt  to  take 
away  the  "makeshift"  before  you  give  us  the  real  thing  for 
which  the  makeshift  was  substituted. 

What  is  a  makeshift?  It  is  a  temporary  expedient.  And 
yet  you  tell  its  you  will  take  away  our  temporary  expedient 
before  you  give  us  the  permanent  good.  You  tell  a  man 
who  is  fighting  with  a  club  that  it  is  a  miserable  makeshift 
and  that  he  ought  to  have  a  repeating  rifle;  and  yet  you 
tell  him  to  throw  away  his  club  and  wait  until  his  enemy 
gives  him  the  rifle.  We  do  not  like  the  present  law.  It  did 
not  come  from  us.  The  Sherman  law  is  the  child  of  the 
opponents  of  free  coinage.  But  they  have  given  it  to  us, 
and  we  will  hold  it  as  a  hostage  until  they  return  to  us  our 
own  child,  "the  gold  and  silver  coinage  of  the  Constitution." 
[Loud  applause.]  They  kidnaped  it  twenty  years  ago,  and 
we  shall  hold  their  child,  ugly  and  deformed  as  it  is,  until 
they  bring  ours  back  or  give  us  something  better  than  the 
makeshift  which  we  now  have. 

Mr.  Speaker,  consider  the  effect  of  this  bill.  It  means  that 
by  suspending  the  purchase  of  silver  we  will  throw  54,- 
000,000  ounces  on  the  market  annually  and  reduce  the  price 


4S(I  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

.if  silver  bullion.  It  means  that  we  will  widen  the  differ- 
ence between  the  coinage  ;iml  bullion  value  of  silver,  and 
raise  a  greater  obstacle  in  the  wajr  of  bimetallism.  It  means 
to  increase  by  billions  of  dollars  the  debts  of  our  people. 
It  means  a  reduction  in  the  price  of  our  wheat  and  our 
cotton.  You  have  garbled  the  platform  of  the  Democratic 
party.  You  have  taken  up  one  clause  of  it  and  refuse  to 
give  us  a  fulfillment  of  the  other  and  more  important  clause, 
which  demands  that  gold  and  silver  shall  be  coined  on  equal 
terms  without  charge  for  mintage. 

Mr.  Speaker,  this  can  not  be  done.  A  man  who  murders 
another  shortens  by  a  few  brief  years  the  life  of  a  human 
being;  but  he  who  votes  to  increase  the  burden  of  debts 
upon  the  people  of  the  United  States  assumes  a  graver  re- 
sponsibility. [Loud  applause.]  If  we  who  represent  them 
consent  to  rob  our  people,  the  cotton-growers  of  the  South 
and  the  wheat-growers  of  the  West,  we  will  be  criminals 
whose  guilt  can  not  be  measured  by  words,  for  we  will  bring 
distress  and  disaster  to  our  people.  In  many  cases  such  a 
vote  would  simply  be  a  summons  to  the  sheriff  to  take 
possession  of   their  property.     [Loud  applause.] 

The  Speaker:    The  time  of  the  gentleman  has  expired. 

EXTRA    SESSION    FIFTY-THIRD    CONGRESS. 

Mr.  Bryan  retired  from  the  hall  of  the  House  at  the  end  of  the 
52nd  Congress,  leaving  the  above  as  his  last  official  utterance,  in 
the  Record. 

Pledged  to  the  platforms  and  creed  of  his  party,  before  his 
constituents,  the  country  and  Congress,  in  behalf  of  "the  un- 
limited coinage  of  silver,"  he  had  to  go  over  and  surrender  to  the 
bankers,  the  bondholders  and  lords  of  Wall  Street  and  Europe, 
or  else  stand  up  boldly  for  his  oft  repeated  and  well  matured 
convictions.  But  others  had  faltered,  whose  great  fame  rested 
upon  a  course  diametrically  opposed  to  their  presejit  coerced 
position.  But  our  young  statesman  had  the  courage  and  sa- 
gacity to  adopt  the  inverted  motto,  "Better  serve  in  heaven 
than  reign  in  hell." 

Mr.  Speaker — The  President  of  the  United  States,  in  the 
discharge  of  his  duty  as  he  sees  it,  has  sent  to  Congress  a 
message  calling  attention  to  the  present  financial  situation, 
and  recommending  the  unconditional  repeal  of  the  Sherman 
law  as  the  only  means  of  securing  immediate  relief.     Some 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  481 

outside  of  this  hall  have  insisted  that  the  President's  recom- 
mendation imposes  upon  Democratic  members  an  obliga- 
tion, as  it  were,  to  carry  out  his  wishes,  and  over-zealous 
friends  have  even  suggested  that  opposition  to  his  views 
might  subject  the  hardy  dissenter  to  administrative  dis- 
pleasure. They  do  the  President  great  injustice  who  pre- 
sume that  he  Mould  forget  for  a  moment  the  independence 
of  the  two  branches  of  Congress.  He  would  not  be  worthy 
of  our  admiration  or  even  respect  if  he  demanded  a  homage 
which  would  violate  the  primary  principles  of  free  repre- 
sentative  government. 

Let  his  own  language  rebuke  those  who  would  disregard 
their  pledges  to  their  own  people  in  order  to  display  a  false 
fealty.  In  the  message  which  he  sent  to  Congress  in  De- 
cember, 18S5,  he  said,  in  words  which  may  well  be  our  guide 
in  this  great  crisis:  "The  zealous  watchfulness  of  our  con- 
stituencies, great  and  small,  supplements  their  suffrages, 
and  before  the  tribunal  they  establish  every  public  servant 
should  be  judged."  Among  the  many  grand  truths  expressed 
felicitously  by  the  President  during  his  public  career  none 
show  a  truer  conception  of  official  duty  or  describe  with 
more  clearness  the  body  from  which  the  member  receives 
his  authority  and  to  which  he  owes  his  responsibility. 

I  have  read  with  care  the  message  sent  to  us  last  week, 
and  have  considered  it  in  the  light  of  every  reasonable  con- 
struction of  which  it  is  capable.  If  I  am  able  to  understand 
its  language  it  points  to  the  burial  of  silver,  with  no  promise 
of  resurrection.  Its  reasoning  is  in  the  direction  of  a  single 
standard.  It  leads  irresistibly  to  universal  gold  monometal- 
lism— to  a  realm  over  whose  door  is  written:  "Abandon 
hope,  all  ye  who  enter  here!"  Before  that  door  I  stop,  ap- 
palled. 

SHALL  PLEDGES  BE  REPUDIATED? 

The  last  platform  pledges  us  to  the  use  of  both  metals  as 
standard  money  and  to  the  free  coinage  of  both  metals  at 
a  fixed  ratio.  Does  anyone  believe  that  Mr.  Cleveland  could 
have  been  elected  President  upon  a  platform  declaring  in 
favor  of  the  unconditional  repeal  of  the  Sherman  law?  Can 
we  go  back  to  our  people  and  tell  them  that,  after  denounc- 
ing for  twenty  years  the  crime  of  1S73,  we  have  at  last  ac- 
cepted it  as  a  blessing?  Shall  bimetallism  receive  its  death- 
blow in  the  House  of  its  friends,  and  in  the  very  hall  where 
innumerable  vows  have  been  registered  in  its  defense?  What 
faith  can  be  placed  in  platforms  if  their  pledges  can  be 
violated  with  impunity?  Is  it  right  to  rise  above  the  power 
which  created  us?  Is  it  patriotic  to  refuse  that  legislation 
32 


}v_>  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

in  favor  of  gold  and  silver  which  a  majority  of  the  people 
have  always  demanded?  Is  it  necessary  to  betray  all  parties 
in  order  to  treal   this  subject  in  a  "nonpartisan"  way? 

The  President  has  recommended  unconditional  repeal.    It 
is    imi    sufficient    to    say    that    he    is    honest — so    were    the 
mothers,  who,  with  misguided  zeal,  threw  their  children  into 
I  lie  Ganges.    The  question  is  not  "Is  he  honest?"    but  "Is  he 
right?"     He  won  the  confidence  of  the  toilers  of  this  coun- 
try  because  he  taught  thai  "public  office  is  a  public  trust," 
and   because  he  convinced  them  of  his  courage  and  his  sin- 
cerity.    But  are  they  willing-  to  say,  in  the  language  of  Job, 
"Though  He  slay  me,  yet  will  I  trust  Him"?    Whence  comes 
this  irresistible  demand  for  unconditional  repeal?    Are  not 
the   representatives  here  as  near  to  the  people  and  as  apt 
to  know   *heir  wishes?    Whence   comes   the   demand?     Not 
from   the   wr-rkshop   and   the    farm,   not  from   the   working- 
men  of  this  country,  who  create  its  wealth  in  time  of  peace 
and  protect  its  flag  in  time  of  war,  but  from  the  middle-men, 
from  what  are  termed  the  "business  interests,"  and  largely 
from   that   class   which   can   force   Congress   to    let   it   issue 
money  at  a  pecuniary  profit  to  itself  if  silver  is  abandoned. 
The   President   has  been   deceived.     He   can  no  more  judge 
the    wishes    of    the    great   mass    of    our   people    by   the    ex- 
pressions of  these  men  than  he  can  measure   the   ocean's 
silent  depths  by  the  foam  upon  its  waves. 

THE   MASSES   OPPOSE   UNCONDITIONAL   REPEAL. 

Mr.  Powderly,  who  spoke  at  Chicago  a  few  days  ago  in 
favor  of  the  free  coinage  of  silver  at  the  present  ratio  and 
against  the  unconditional  repeal  of  the  Sherman  law,  voiced 
the  sentiment  of  more  laboring  men  than  have  ever  ad- 
dressed the  President  or  this  House  in  favor  of  repeal.  Go 
among  the  agricultural  classes;  go  among  the  poor,  whose 
little  is  as  precious  to  them  as  the  rich  man's  fortune  is  to 
him.  and  whose  families  are  as  dear,  and  you  will  not  find 
the  haste  to  destroy  the  issue  of  money  or  the  unfriendli- 
ness to  silver  which  is  manifested  in  money  centers. 

This  question  can  not  be  settled  by  typewritten  recom- 
mendations and  suggestions  made  by  boards  of  trade  and 
sent  broadcast  over  the  United  States.  It  can  only  be  set- 
tled by  the  great  mass  of  the  voters  of  this  country  who 
stand  like  the  Rock  of  Gibraltar  for  the  use  of  both  gold 
and   silver.      [Applause.] 

There  are  thousands,  yes,  tens  of  thousands,  aj^e,  even 
mil  lions,  who  have  not  yet  "bowed  the  knee  to  Baal."  Let 
the  President  take  courage.     Muehlbach  relates  an  incident 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  483 

in  the  life  of  the  great  military  hero  of  France.  At  Mar- 
engo the  Man  of  Destiny,  sad  and  disheartened,  thought  the 
battle  lost.  He  called  to  a  drummer  boy  and  ordered  him 
to  beat  a  retreat.     The  lad  replied: 

"Sir,  I  do  not  know  how.  Dessaix  has  never  taught  me  re- 
treat, but  I  can  beat  a  charge.  Oh,  I  can  beat  a  charge  that 
would  make  the  dead  fall  into  line!  I  beat  that  charge 
at  the  Bridge  of  Lodi;  I  beat  it  at  Mount  Tabor;  I  beat  it  at 
the  Pyramids;   Oh,  may  I  beat  it  here?" 

The  charge  was  ordered,  the  battle  won,  and  Marengo 
was  added  to  the  victories  of  Napoleon.  Oh,  let  our  gallant 
leader  draw  inspiration  from  the  street  gamin  of  Paris. 
In  the  face  of  an  enemy  proud  and  confident  the  President 
has  wavered.  Engaged  in  the  battle  royal  between  the 
"money  power  and  the  common  people"  he  has  ordered  a 
retreat.     Let  him  not  be  dismayed. 

He  has  won  greater  victories  than  Napoleon,  for  he  is  a 
warrior  who  has  conquered  without  a  sword.  He  restored 
fidelity  in  the  public  service;  he  converted  Democratic  hope 
into  realization;  he  took  up  the  banner  of  tariff  reform  and 
carried  it  to  triumph.  Let  him  continue  that  greater  fight 
for  "the  gold  and  silver  coinage  of  the  Constitution,"  to 
which  three  national  platforms   have  pledged  him. 

Let  this  command  be  given,  and  the  air  will  resound  with 
the  tramp  of  men  scarred  in  a  score  of  battles  for  the  peo- 
ple's rights.  Let  this  command  be  given  and  this  Marengo 
will  be  our  glory  and  not  our  shame.  [Applause  on  the 
floor  and  in  the  galleries.] 

The  above  collated  sentences  from  his  silver  speech  of  August 
16,  1893,  illustrate  the  unpleasant  position  in  which  the  Demo- 
cratic party  found  itself  in  the  extra  session  of  1893;  which  in 
the  Senate  threatened  a  disruption  of  the  party. 

During  the  delivery  of  this  most  remarkable  speech,  occupying 
three  hours,  and  covering  every  material  point  necessary  to  indi- 
cate the  polic}*  of  "unlimited  coinage  of  silver/'  the  hall  of  the 
House — the  capacious  galleries — approaching  corridors,  retiring 
rooms  and  lobbies — with  every  doorway  and  entrance,  were 
packed  to  the  last  point  of  endurance,  amid  a  silence  so  profound, 
that  it  emphasized  the  thunderbursts  of  applause.  The  spirit  of 
the  audience  may  be  inferred  from  the  manner  in  which  its  en- 
thusiasm punctuated  such  passages  as  the  following: 

The  poor  man  is  called  a  socialist  if  he  believes  that  the 
wealth  of  the  rich  should  be  divided  among  the  poor,  but 


484  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

tin-  rich  man  is  called  a  financier  if  he  devises  a  plan  by 
which  the  pittance  of  the  poor  can  be  converted  to  his  use. 
|  Laughter  and   applause.] 

The  poor  man  who  takes  property  by  force  is  called  a 
thief,  l>nt  the  creditor  who  can  by  legislation  make  a  debtor 
pay  a  dollar  twice  as  large  as  he  borrowed  is  lauded  as 
the  friend  of  .sound  currency.  [Laughter  and  applause] 
The  man  who  wants  the  people  to  destroy  the  Government 
is  an  anarchist,  but  the  man  who  wants  the  Government  to 
destroy  the  people  is  a  patriot.     [Applause.] 

The  man  who  has  $10,000  in  money  becomes  worth  $20,000 
in  reality  when  prices  fall  one-half.  Shall  we  assume  that 
the  money-lenders  of  this  and  other  countries  ignore  the 
advantage  which  an  appreciated  currency  gives  to  them  and 
desire  it  simply  for  the  benefit  of  the  poor  man  and  the 
laborer?  What  refining  influence  is  there  in  their  business 
which  purges  away  the  dross  of  selfishness  and  makes  pure 
and  patriotic  only  their  motives?  [Laughter.]  Has  some 
new  dispensation  reversed  the  parable  and  left  Lazarus  in 
torment  while  Dives  is  borne  aloft  in  Abraham's  bosom? 
[Laughter.] 

Sirs,  what  will  be  the  answer  of  the  people  whom  you 
represent,  who  are  wedded  to  the  "gold  and  silver  coinage 
of  the  Constitution,"  if  you  vote  for  unconditional  repeal 
and  return  to  tell  them  that  you  were  commended  for  the 
readiness  with  which  you  obeyed  every  order,  but  that  Con- 
gress has  decreed  that  one-half  of  the  people's  metallic 
money    shall    be    destroyed?    [Applause.] 

The}'  demand  unconditional  surrender,  do  they?  Why, 
sirs,  we  are  the  ones  to  grant  terms.  Standing  by  the 
pledges  of  all  the  parties  in  this  country,  backed  by  the 
history  of  a  hundred  years,  sustained  by  the  most  sacred 
interests  of  humanity  itself,  we  demand  an  unconditional 
surrender  of  the  principle  of  gold  monometallism  as  the 
first  condition  of  peace.  [Applause.]  You  demand  sur- 
render! Aye,  sirs,  you  may  cry  "Peace,  peace,"  but  there  is 
no  peace.  Just  so  long  as  there  are  people  here  who  would 
chain   1  his  country  tox  a  single  gold  standard,  there  is  war 

eternal  war;  and  it  might  just  as  well  be  known  now! 
[Loud  applause  on  the  Democratic  side.]  I  have  said  that 
we  stand  by  the  pledges  of  all  platforms.  Let  me  quote 
them: 

BOND   OR    FREE. 

Suppose  we  try  bringing  her  to  terms  by  action.  Let 
me  appeal  to  your  patriotism.  Shall  we  make  our  laws 
dependent     upon     England's    action    and    thus    allow     her    to 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  485 

legislate  for  us  upon  the  most  important  of  all  questions? 
Shall  we  confess  our  inability  to  enact  monetary  laws? 
Are  we  an  English  colony  or  an  independent  people?  If 
the  use  of  gold  alone  is  to  make  us  slaves,  let  us  use  both 
metals  and  be  free.  If  there  be  some  living  along  the  east- 
ern coast — better  acquainted  with  the  beauties  of  the  Alps 
than  with  the  grandeur  of  the  Rockies,  more  accustomed 
to  the  sunny  skies  of  Italy  than  to  the  invigorating  breezes 
of  the  Mississippi  Valley — who  are  not  willing  to  trust  their 
fortunes  and  their  destinies  to  American  citizens,  let  them 
learn  that  the  people  living  between  the  Alleghanies  to  the 
Golden  Gate  are  not  afraid  to  cast  their  all  upon  the  Re- 
public and  rise  or  fall  with  it.     [Loud  applause.] 

One  hundred  and  seventeen  years  ago  the  liberty  bell  gave 
notice  to  a  waiting  and  expectant  people  that  independ- 
ence had  been  declared.  There  may  be  doubting,  trembling 
ones  among  us  now,  but,  sirs,  I  do  not  overestimate  it  when 
I  say  that  out  of  twelve  millions  of  voters,  more  than  ten 
millions  are  waiting,  anxiously  waiting,  for  the  signal  which 
shall  announce  the  financial  independence  of  the  United 
States.  [Applause.]  This  Congress  cannot  more  surely  win 
the  approval  of  a  grateful  people  than  by  declaring  that 
this  Nation,  the  grandest  which  the  world  has  ever  seen, 
has  the  right  and  the  ability  to  legislate  for  its  own  people 
on  every  subject,  regardless  of  the  wishes,  the  entreaties, 
or  the  threats  of  foreign  powers.     [Applause.] 

CONCLUSION. 

There  had  been  the  silence  of  curiosity;  can  he  arise  again  to 
the  summit  on  which  he  stood  two  years  ago,  when  unheralded, 
as  Pallas  from  the  brain  of  Jove,  he  burst  upon  the  House  full 
armed? — the  silence  of  affection;  he  must  not  fail — the  silence  of 
Silver  Party  pride;  he  pioneers  our  cause — the  silence  of  Republi- 
can anxiety;  will  the  earthquake  rend  the  mountain? — the  silence 
of  protesting  Democrats;  voiced  by  a  Tammany,  Wall  Street, 
oracle,  "My  God!  a  damaging  speech!  and  must  be  answered." 

And  now  came  the  silence  of  sadness  at 

THE    PARTING    OF    THE    WAYS. 

Well  has  it  been  said  by  the  Senator  from  Missouri  [Mr. 
Vest]  that  we  have  come  to  the  parting  of  the  ways.  To- 
day the  Democratic  party  stands  between  two  great  forces, 
each  inviting  its  support.  On  the  one  side  stand  the  cor- 
porate interests  of  the  Nation,  its  moneyed  institutions,  its 


Im;  nkkkaska  state  historical  society. 

aggregations    of    wealth    and    capital,    imperious,    arrogant, 

(. passionless.     They    demand    special    legislation,    favors, 

privileges,  and  immunities.  They  can  subscribe  magnifi- 
cently  to  campaign  funds;  they  can  strike  down  opposi- 
tion  with  their  all-pervading  influence,  and,  to  those  who 
fawn  and  flatter,  bring-  case  and  plenty.  They  demand  that 
the  Democratic  party  shall  become  their  agent  to  execute 
their  merciless  decrees. 

On  the  other  side  stands  that  unnumbered  throng  which 
gave  a  name  to  the  Democratic  party  and  for  which  it  has 
assumed  to  speak.  Work-worn  and  dust-begrimed,  they  make 
their  sad  appeal.  They  hear  of  average  wealth  increased  on 
.very  side  and  feel  the  inequality  of  its  distribution.  They 
see  an  over-production  of  everything  desired  because  of 
the  underproduction  of  the  ability  to  buy.  They  can  not 
pay  for  loyalty  except  with  their  suffrages,  and  can  only 
punish  betrayal  with  their  condemnation.  Although  the 
ones  who  most  deserve  the  fostering  care  of  Government, 
their  cries  for  help  too  often  beat  in  vain  against  the  outer 
wall,  while  others  less  deserving  find  ready  access  to  legis- 
lative  halls. 

This  army,  vast  and  daily  vaster  growing,  begs  the  party 
to  be  its  champion  in  the  present  conflict.  It  cannot  press 
its  claims  'mid  sounds  of  revelry.  Its  phalanxes  do  not  form 
in  grand  parade,  nor  has  it  gaudy  banners  floating  on  the 
breeze.  Its  battle  hymn  is  "Home,  Sweet  Home,"  its  war 
cry  "Equality  before  the  law."  To  the  Democratic  party 
standing  between  these  two  irreconcilable  forces,  uncer- 
tain to  which  side  to  turn,  and  conscious  that  upon  its 
choice  its  fate  depends,  come  the  words  of  Israel's  second 
lawgiver:  "Choose  you  this  day  whom  ye  will  serve."  What 
will  the  answer  be?  Let  me  invoke  the  memory  of  him 
whose  dust  made  sacred  the  soil  of  Monticello  when  he 
joined 

"The  dead  but  sceptered  sovereigns  who  still  rule 
Our  spirits  from  their  urns." 

He  was  called  a  demagogue  and  his  followers  a  mob, 
but  the  immortal  Jefferson  dared  to  follow  the  best  prompt- 
ings of  his  heart.  He  placed  man  above  matter,  humanity 
above  property,  and,  spurning  the  bribes  of  wealth  and 
power,  pleaded  the  cause  of  the  common  people.  It  was 
i  his  devotion  to  their  interests  which  made  his  party  in- 
\  incible  while  he  lived  and  will  make  his  name  revered  while 
history  endures.  And  what  message  comes  to  us  from  the 
Hermitage?  When  a  crisis  like  the  present  arose  and  the  na- 
tional  banks  of  his  day  sought  to  control  the  politics  of  the 
Nation,    God   raised   up   an   Andrew   Jackson,   who    had    the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  487 

courage  to  grapple  with  that  great  enemy,  and  by  over- 
throwing it,  he  made  himself  the  idol  of  the  people  and  re- 
instated the  Democratic  party  in  public  confidence.  What 
will  the  decision  be  to-day?  The  Democratic  party  has  won 
the  greatest  success  in  its  history.  Standing  upon  this  vic- 
tory-crowned summit,  will  it  turn  its  face  to  the  rising  or 
the  setting  sun?  Will  it  choose  blessings  or  cursings — life  or 
death — which?  Which?  [Prolonged  applause  on  the  floor 
and  in  the  galleries,  and  cries  of  "Vote!"  "Vote!"] 

HOUSE    BILL   WITH   SENATE   AMENDMENTS. 

Two  months  and  a  half  from  the  delivery  of  the  above  speech, 
when  it  was  under  discussion  again  in  the  House,  he  proved  its 
Republican  features,  and  its  violation  of  the  Democratic  plat- 
form, exclaiming: 

The  gentlemen  who  favor  this  bill  may  follow  the  leader- 
ship of  Senator  Sherman  and  call  it  Democratic;  but  until 
he  is  converted  to  true  principles  of  finance  I  shall  not 
follow  him,  nor  will  I  apply  to  his  financial  policy  the  name 
of  Democracy  or  honesty.     [Applause.] 

The  last  words  uttered  in  the  House,  before  the  final  vote  on 
Senate  amendments,  were  by  the  member  from  Nebraska. 

You  ma3r  think  that  you  have  buried  the  cause  of  bimetal- 
lism; you  may  congratulate  yourselves  that  you  have  laid 
the  free  coinage  of  silver  away  in  a  sepulchre,  newly  made 
since  the  election,  and  before  the  door  rolled  the  veto  stone. 
But,  sirs,  if  our  cause  is  just,  as  1  believe  it  is,  your  labor 
has  been  in  vain;  no  tomb  was  ever  made  so  strong  that  it 
could  imprison  a  righteous  cause.  Silver  will  yet  lay  aside 
its  grave  clothes  and  its  shroud.  It  will  yet  rise  and  in  the 
rising  and  its  reign  will  bless  mankind.     [Applause.] 

And  thus  ended  one  of  the  most  memorable  debates  in  the 
history  of  Congress. 

REVISED  TARIFF. 

On  the  13th  day  of  January,  1894,  in  the  first  regular  session 
of  the  53rd  Congress,  Mr.  Bryan  appeared  before  the  House  in 
a  night  session,  to  defend  the  Wilson  bill,  framed  for  purposes 
of  revenue,  with  incidental  protection. 

Having  won  his  congressional  spurs  in  a  previous  congress, 
upon  the  theory  of  tariff  duties  in  general,  he  now  had  an  oppor- 


188  NEBRASKA   STATE    BISTORICAL  SOCIETY. 

t unity  of  defending  their  application  in  a.  revised  system  of  tariff 
reform.  Before  arisingvto  speak,  when  the  last  possible  specta- 
tor had  been  crowded  within  the  walls,  and  the  clamor  was  still 
for  admission,  and  members'  families  and  ladies  with  escorts 
were  admitted  to  the  floor  of  the  House  and  the  orator  granted 
unlimited  time,  it  was  a  revelation  of  that  sublime  confidence 
thai  crowns  the  victor  in  advance  of  the  contest. 

Gracefully  thanking  the  House  for  unusual  courtesy,  and 
acknowledging  inspiration  from  so  many  ladies,  for  three  hours 
he  reigned  supreme,  to  his  comrades1  delight  and  admiration  of 
opponents. 

Every  attack  that  ingenuity  could  devise  and  personal  interest 
enforce  against  the  bill,  had  to  be  met  and  parried,  while  such 
an  audience  as  man  seldom  addresses  demanded  that  facts  and 
theories,  opinions  and  statistics  should  be  so  woven  and  em- 
bellished that  the  most  frantic  outbursts  of  applause  should  be 
conceded  a  failure  in  meeting  the  demand  and  discharging  the 
delightful  obligation. 

The  last  deduction  drawn,  the  last  fallacy  exposed,  and  now 
came  a  refutation  of  the  charge  of  favoritism  toward  the  South. 

Texas  has  more  sheep  than  any  Northern  State  and  vet 
her  members  are  willing-  to  give  free  wool  to  the  manufac- 
turers of  Massachusetts.  All  the  cotton  is  raised  in  the 
southern  states,  and  yet  the  members  from  the  South  are 
willing  to  give  free  cotton  to  the  manufacturers  of  New 
England. 

The  South  and  West  can  vote  for  this  bill  because,  while 
it  gives  protection  to  the  Northeastern  States,  it  makes  the 
tax  less  burdensome  that  it  is  now.  History  is  repeating 
itself.  A  generation  ago  New  England  helped  to  free  the 
black  slaves  of  the  South,  and  to-day  the  Southern  people 
rejoice  tli.i1  it  was  accomplished.  [Cheers  and  applause.] 
The  time  has  come  when  the  Southern  people  are  helping 
to  free  the  white  slaves  of  the  North;  and  in  the  fulness  of 
time  New  England  will  rejoice  that  it  is  accomplished. 
|(ireat  applause.]  Thomas  Jefferson,  although  a  Virginian, 
favored  emancipation,  and  yet  that  sentiment,  born  in  the 
South,  ripened  and  developed  in  the  North  until  it  came 
down   and   conquered   the   land   from  which  it  sprung. 

The  idea  of  commercial  freedom  had  its  birthplace  in  the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  489 

North,  but  it  has  spread  over  the  states  of  the  South  and 
the  West,  and  it  will  come  back  from  these  great  sections 
and  conquer  the  land  in  which  it  had  its  birth.  [Applause.] 
Let  us  not  stir  anew  the  dying-  embers  of  civil  strife.  I  did 
not  live  through  those  days.  It  was  not  my  good  fortune 
to  be  permitted  to  show  my  loyalty  to  the  Union  or  my 
devotion  to  a  State;  and  there  are  over  all  the  South  young 
men  who  have  grown  to  manhood  since  the  war;  and  they 
and  their  fathers  rejoice  to-day  in  the  results  of  the  war, 
achieved  against  their  objection.  These  men  do  not  deserve 
your  scorn;  they  do  not  merit  your  contempt.  They  are 
ready  to  fight  side  by  side  with  you,  shoulder  to  shoulder, 
in  making  this  the  most  glorious  nation  that  the  world  has 
even  seen.  [Loud  applause.]  I  have  ho  doubt  of  the  loy- 
alty of  the  South,  and  I  honor  the  sentiments  so  eloquently 
expressed  the  other  day  by  the  gentlemen  from  Georgia 
[Mr.  Black]  when  he  spoke  in  praise  of  the  flag  which  he 
once  disowned. 

These  gentlemen  from  the  South,  sir,  who  speak  for  union 
and  fraternal  love,  and  the  men  from  the  North  who  echo 
their  sentiments,  reflect  the  wishes  of  the  people  of  this 
country  far  more  accurately  than  the  political  volcanoes 
which  break  into  active  eruption  every  two  years.  [Loud 
applause.]  I  welcome  these  sons  of  the  South,  and  gladly 
join  them  in  every  work  which  has  for  its  object  equality, 
freedom,  and  justice.  And  I  rejoice  that  the  people  of 
these  once  estranged  sections  are  prepared  to  celebrate  the 
complete  reunion  of  North  and  South  so  beautifully  de- 
scribed by  the  poetess  when  she  says: 

'Together,' shouts  Niagara,  his  thunder-toned  decree; 
'Together,'  echo  back  the  waves  upon  the  Mexic  sea; 
'Together,'  sing  the  sylvan  hills  where  old  Atlantic  roars; 
'Together,'  boom  the  breakers  on  the  wild  Pacific  shores; 
'Together,'  cry  the  people,  and  'together'  it  shall  be, 
An  everlasting  charter-bond  forever  for  the  free; 
Of  Liberty  the  signet-seaJ,  the  one  eternal  sign, 
Be  those  united  emblems — the  Palmetto  and  the  Pine." 

[Loud  and  long-continued  applause.] 

INCOME    TAX. 

It  fell  to  the  lot  of  Mr.  Bryan  to  close  the  debate,  on  an 
amendment  to  the  Wilson  bill,  in  behalf  of  an  income  tax  of  2 
per  cent  on  incomes  of  more  than  $4,000;  in  doing  which  he 
answered  all  prominent  objections,  claiming  that  stockholders 
in  corporations  should  not  be  allowed  to  limit  liabilities  beyond 
those  attaching  to  individuals,  and  that  their  interests  demand- 


190  NEBRASKA   STATE    HISTORICAL  SOCIETY. 

injr  the  protection  of  the  courts  should  be  responsible  for  taxes; 
thai  a  Now  Fork  woman  living  in  a  cheap  boarding  house  hay- 
ing a  |3,000,000  income  was  paying  less  indirect  tax  than  a 
laboring  man  spending  his  income  of  |500  in  family  support; 
thai  such  lax  was  no  more  inquisitorial  than  state  taxes,  and 
would  not  make  the  perjurer,  but  might  find  him  out. 

He  handled  without  gloves  the  puerile  argument  that  wealthy 
men  would  flee  from  the  country. 

Mr.  Bryan:  In  a  letter  which  appeared  in  the  New  York 
World  on  the  7th  of  this  month,  Ward  McAllister,  the 
leader  of  the  "Four  Hundred,"  enters  a  very  emphatic  pro- 
test against  the  income  tax.  [Derisive  laughter.]  Here  Is 
an    extract: 

"In  New  York  City  and  Brooklyn  the  local  taxation  is 
ridiculously  high,  in  spite  of  the  virtuous  protest  to  the  con- 
trary by  the  officials  in  authority. '  Add  to  this  high  local 
taxation  an  income  tax  of  2  per  cent  on  every  income  ex- 
ceeding $4,000,  and  many  of  our  best  people  will  be  driven 
out  of  the  country.  An  impression  seems  to  exist  in  the 
minds  of  our  great  Democratic  Solons  in  Congress  that  a 
rich  man  would  give  up  all  his  wealth  for  the  privilege  of 
living  in  this  country.  A  very  short  period  of  income  taxa- 
tion would  show  these  gentlemen  their  mistake.  The  cus- 
tom is  growing  from  year  to  year  for  rich  men  to  go  abroad 
and  live,  where  expenses  for  the  necessaries  and  luxuries 
of  life  are  not  nearly  so  high  as  they  are  in  this  country. 
The  United  States,  in  spite  of  their  much  boasted  natural 
resources,  could  not  maintain  such  a  strain  for  any  consid- 
erable length  of  time." 

|  Laughter.] 

But  whither  will  these  people  fly?  If  their  tastes  are 
Knglish,  "quite  English,  you  know,"  and  they  stop  in  Lon- 
don, they  will  find  a  tax  of  more  than  2  per  cent  assessed  * 
upon  incomes;  if  they  seek  a  place  of  refuge  in  Prussia, 
they  will  find  an  income  tax  of  4  per  cent;  if  they  search 
for  seclusion  among  the  mountains  of  Switzerland,  they 
will  find  an  income  tax  of  8  per  cent;  if  they  seek  repose 
under  the  sunny  skies  of  Italy,  they  will  find  an  income  tax 
of  more  than  12  per  cent;  if  they  take  up  their  abode  in 
Austria,  they  will  find  a  tax  of  20  per  cent.  I  repeat, 
Whither  will  they  fly?     [Applause.] 

Are  there  really  any  such  people  in  this  country?  Of 
all  the  mean  men  I  have  ever  known,  I  have  never  known 
one  so  mean  that  I  would  be  willing  to  say  of  him  that  his 
patriot  ism  was  less  than  2  per  cent  deep.  [Laughter  and 
applause.] 

There  is  not  a  man  whom  1  would  charge  with  being  will- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  491 

ing  to  expatriate  himself  rather  than  contribute  from  his 
abundance  to  the  support  of  the  Government  that  protects 
him. 

If  "some  of  our  best  people"  prefer  to  leave  the  coun- 
try rather  than  pay  a  tax  of  2  per  cent,  God  pity  the  worst. 
[Laughter.] 

If  we  have  people  who  value  free  government  so  little 
that  they  prefer  to  live  under  monarchial  institutions,  even 
without  an  income  tax,  rather  than  live  under  the  stars  and 
stripes  and  pa}r  a  2  per  cent  tax,  we  can  better  afford  to 
lose  them  and  their  fortunes  than  risk  the  contaminating 
influence  of  their  presence.     [Applause.] 

I  will  not  attempt  to  characterize  such  persons.  If  Mr. 
McAllister  is  a  true  prophet,  if  we  are  to  lose  some  of  our 
"best  people"  by  the  imposition  of  an  income  tax,  let  them 
depart,  and  as  they  leave  without  regret  the  land  of  their 
birth,  let  them  go  with  the  poet's  curse  ringing  in  their 
ears: 

"Breathes  there  the  man  with  soul  so  dead 
Who  never   to  himself   hath  said, 

'This  is  my  own,  my  native  land  ! ' 
Whose  heart  hath  ne'er  within  him  burned, 
As  home  his  footsteps  he  hath  turned 

From  wandering  on  a  foreign  strand? 
If  such  there  breathe,  go,  mark  him  well; 
For  him  no  minstrel  raptures  swell; 
High  though  his  titles,  proud  his  name. 
Boundless  his  wealth  as  wish  can  claim; 
Despite  those  titles,  power,  and  pelf. 
The  wretch,  concent'red  all  in  self. 
Living,  shall  forfeit  fair  renown, 
And,  doubly  dying,  shall  go  down 
To  the  vile  dust,  from  whence  he  sprung, 
Unwept,  unhonor'd,  and  unsung." 

[Loud  and  long-continued  applause.] 

SILVER    COINAGE    OF    FIFTY-FIVE    MILLION    DOLLARS. 

When  the  Secretary  of  the  Treasury  was  proposing  the  sale 
of  |50,000,000  bonds  in  order  to  procure  that  amount  of  gold  for 
a  reserve  fund  and  current  expenses,  Mr.  Bryan  urged  the  coin- 
age of  $55,000,000  of  silver  bullion,  already  paid  for  and  stored 
away  in  the  vaults  of  the  treasury.  He  showed  how  adroitly 
bankers  and  brokers  could  drain  the  gold  reserve  by  presenting 
treasury  notes  and  taking  out  gold,  and  then  returning  the  same 
gold  and  exchanging  it  for  bonds,  leaving  the  treasury  not  one 
farthing  increased  in  gold,  but  owing  an  additional  interest- 
bearing  debt.    Said  he: 


t!»L'  NEBRASKA    STATE  HISTORICAL   SOCIETY. 

If  you  do  not  want  to  give  them  this  money,  then  let  it 
go  forth  that  this  Congress,  or  those  who  are  opposing  this 
bill  arc  in  favor  of  confining-  a  growing  country  to  the 
present  volume  of  currency,  which  must  mean  an  appreciat- 
ing dollar  and  falling-  prices,  increasing  debt,  increasing  suf- 
fering and  the  piling  up  of  the  wealth  of  this  country  in  the 
hands  of  the  few  more  rapidly  than  it  has  been  done  here- 
tofore. If  you  are  ready  to  say  that,  let  us  go  out  and 
tight  the  battle  before  the  people.  Let  us  leave  it  to  them 
t<>  determine  the  question.  But,  sirs,  you  cannot  excuse 
yourselves  for  not  giving  the  people  this  money  unless  you 
are  prepared  to  show  them  how  you  can  furnish  them  a 
better  money  with  Avhich  to  do  their  business.     [Applause.] 

Of  the  other  discussions,  in  which  he  took  a  prominent  part 
during  the  53rd  Congress,  was  one  upon  the  character  of  money 
in  general — a  constitutional  currency  in  particular — a  home  cur- 
rency expanding  with  every  demand  of  trade — free  from  the 
manipulations  of  bankers  and  brokers,  and  responsive  to  every 
legal  tender  demand. 

Upon  a  bill  to  punish  gambling,  by  boards  of  trade,  in  the  pro- 
duce of  the  country,  he  paid  a  beautiful  compliment  to  his  im- 
mediate neighbors  and  home. 

Mr.  Bryan:  I  care  not  whether  the  purpose  of  the  gambler 
is  to  help  or  not.  If  the  gentleman  could  prove  that  the 
effect  <>f  gambling  was  to  take  the  cost  of  handling  and 
transportation  out  of  the  pocket  of  somebody  other  than 
The  producer  and  consumer,  then  he  might  justify  gambling 
by  showing  that  it  is  wise  for  us  to  promote  laws  which 
enable  gamblers  to  take  from  the  people  who  are  willing  to 
gamble  and  give  the  benefit  of  their  losses  to  the  producer 
and  consumer  alike. 

But,  Mr.  Chairman.  I  am  not  going  to  assume  that  the 
gambler  simply  makes  his  money  out  of  the  people  who  buy 
for  speculation.  I  am  going  to  assume,  upon  evidence  sat- 
isfactory to  me,  that  these  gamblers  increase  or  decrease 
to  some  extent  the  price  of  the  products  speculated  in, 
increasing  it  to  the  man  who  buys  or  decreasing  it  to  the 
man  who  sells.  No  citizen  has  a  natural  right  to  injure 
any  other  citizen;  and  the  Government  should  neither  en- 
able nor  permit  him  to  do  so.  Therefore,  no  man  has  a 
right  to  lessen  the  value  of  another  man's  property,  and 
the  law  should  not  give  to  a  man,  or  protect  him  in,  the 
exercise   of  such   a   right. 


MEMBERS    OF    D.  S.  HOUSE    OF    REPRESENTATIVES.  493 

My  district  is  perhaps  an  average  district:  about  half  of 
my  constituents  live  in  cities  or  towns,  and  about  half  are 
engaged  in  agriculture.  I  have  in  my  district  the  second 
largest  city  in  the  State,  Lincoln,  the  State's  capital — a  city 
of  60,000  inhabitants.  My  home  is  in  that  city,  and  I  have 
no  hesitation  in  declaring-  that  it  is  one  of  the  most  beau- 
tiful and  prosperous  cities  of  its  size  in  the  United  States.  ^ 
The  people  who  live  in  cities  will,  if  gambling-  in  farm 
products  reduces  the  price  of  such  produce,  be  the  bene- 
ficiaries to  that  extent.  But,  sir,  I  do  not  come  here  to 
lower  the  price  of  what  my  city  constituents  have  to  buy, 
by  enabling  grain  gamblers  to  take  it  from  the  pockets  of 
those  who  raise  farm  products.  My  city  constituents  do 
not  ask  that  of  me,  and  I  would  not  assist  them  in  so  unjust 
an  act  if  they  did  ask  it. 

As  I  said,  about  half  of  my  constituents  live  on  farms, 
and  they  labor  in  a  veritable  Garden  of  Eden,  for  we  have 
in  the  First  Nebraska  district  as  beautiful  and  fertile  farm 
lands  as  the  sun  turns  his  face  upon  in  all  his  course.  I 
deny  that  it  is  just  to  the  farmers  of  my  district  that  gam- 
blers should  be  permitted  to  bet  on  the  price  of  their 
products  to  their  injury  after  they  have  prepared  their 
crops  for  the  market.  When  the  farmer  has  taken  the 
chances  of  rain  and  drouth,  when  he  has  taken  the  chances 
which  must  come  to  vthe  farmer  as  they  scarcely  come  to 
anybody  else;  when  he  has  escaped  the  grasshopper  and 
the  chinch  bug  and  the  rain  and  the  hail  and  the  dry  winds, 
I  insist  that  he  shall  not  then  be  left  to  the  mercy  of  a 
gang  of  speculators,  who,  for  their  own  gain,  will  take  out 
of  him  as  much  of  the  remainder  as  they  can  possibly  get. 

There  is  no  difference  in  the  moral  character  of  the  trans- 
action between  the  action  of  the  burglar  who  goes  to  a 
man's  house  at  night  and  takes  from  him  a  part  of  that 
which  he  receives  for  his  wheat,  and  the  action  of  the  gam-  - 
bier  who  goes  on  the  board  of  trade,  and,  by  betting  on 
the  price  of  the  product,  brings  down  that  price  and  takes 
that  much  from  the  farmer's  income. 

Having  introduced  an  amendment  to  the  constitution  for  the 
election  of  TJ.  S.  Senators  by  popular  vote  of  the  people,  he 
became  its  persistent  and  powerful  advocate. 

As  the  first  session  of  the  53rd  Congress  was  nearing  its  close, 
he  concluded  a  memorial  address  in  honor  of  his  late  colleague, 
George  W.  Houk,  of  Ohio,  as  follows: 

Mr.  Speaker,  I  shall  not  believe  that  even  now  his  light 


|!M  NEBRASKA   STATE   HISTORICAL  SOCIETY. 

is  extinguished.  If  the  Father  deigns  to  tovich  with  divine 
(lower  the  cold  and  pulseless  heart  of  the  buried  acorn,  and 
make  it  to  burst  forth  from  its  prison  walls,  will  He  leave 
neglected  in  the  earth  the  soul  of  man,  who  was  made  in 
the  image  of  his  Creator?  If  He  stoops  to  give  to  the  rose- 
hush,  whose  withered  blossoms  float  upon  the  breeze,  the 
sweet  assurance  of  another  springtime,  will  He  withhold  the 
words  of  hope  from  the  sons  of  men  when  the  frosts  of 
winter  eome?  If  matter,  mute  and  inanimate,  though 
changed  by  the  forces  of  Nature  into  a  multitude  of  forms, 
can  never  die,  will  the  imperial  spirit  of  man  suffer  annihil- 
ation  after  it  has  paid  a  brief  visit,  like  a  royal  guest,  to 
this   tenement  of  clay? 

Kather  let  us  believe  that  He  who,  in  His  apparent  pro- 
digality, wastes  not  the  raindrop,  the  blade  of  grass,  or  the 
evening's  sighing  zephyr,  hut  makes  them  all  to  carry  out 
His  eternal  plans,  has  given  immortality  to  the  mortal,  and 
gathered  to  Himself  the  generous  spirit  of  our  friend. 

Instead  of  mourning,  let  us  look  up  and  address  him  in  the 
words  of  the  poet: 

"Thy  day  has  come,  not  gone; 
Thy  sun  has  risen,  not  set; 
Thy  life  is  now  beyond 
The  reach  of  death  or  change, 
Not   ended — but  begun. 
0,  noble  soul!    0,  gentle  heart!    Hail,  and  farewell." 

Such  was  the  rapidity  of  his  advance  as  a  profound  political 
debator  and  captivating  orator,  that  in  a  little  over  two  years 
from  his  first  appearance  in  the  House  of  Representatives  his 
speeches  were  read  in  every  state  of  the  Union,  while  upon  a 
variety  of  themes  he  had  charmed  audiences  in  many  cities, 
among  which  were  New  York,  Chicago,  Denver,  Omaha,  and 
Washington. 

In  the  same  brief  space  of  time  he  had  risen  from  the  ranks 
to  the  leadership  of  the  Nebraska  Democracy,  and  was  their 
candidate  for  U.  S.  Senator. 

LAST   SESSION   OF    FIFTY-THIRD   CONGRESS. 

In  the  last  session  of  the  fifty-third  Congress,  Mr.  Bryan 
offered  an  amendment  to  an  inter-state  commerce  law,  by  which 
he  hoped  to  modify  in  future  such  decisions  as  that  of  Judge 
Brewer  of  the  United  States  Court,  in  which  he  decided  that  the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  495 

railroad  rate  law  of  Nebraska  was  constitutional,  but  the  rates 
were  not  reasonable. 

I  want  to  insert  on  the  second  page  of  the  bill,  in  line  38, 
these  words: 

"And  in  determining  the  reasonableness  of  rates  the  Com- 
mission shall  allow  profits  only  on  the  cost  of  reproduc- 
ing the  roads  and  rolling  stock  at  the  present  time,  re- 
gardless of  the  original  cost,  regardless  of  the  amount  of 
indebtedness,  and  regardless  of  the  amount  of  capital  stock 
issued,  whether  real  or  fictitious." 

I  have  no  doubt  that  this  will  cause  a  smile  on  the  face  of 
some  of  the  representatives  of  the  railroad  interests,  but 
yet,  sir,  that  is  the  basis  upon  which  profits  are  calculated 
in  the  private  occupations  of  the  country. 

And  I  am  simply  asking  that  yon  apply  to  railroad  com- 
panies the  same  principle  that  must  be  applied  to  every  man, 
woman,  and  child  who  gOes  into  business,  but  who  is  not 
fortunate  enough  to  have  a  monopoly  of  the  business. 

CURRENCY. 

The  subject  of  the  currency  being  before  the  House,  December 
22,  1894,  which  he  had  so  elaborately  argued  in  former  sessions, 
was  handled  "without  fear,  affection  or  favor,"  under  the  mot- 
toes: "I  was  derided  as  a  maniac  by  the  tribe  of  bank  mongers, 
who  were  seeking  to  filch  from  the  public  their  swindling  and 
barren  gains." — Thomas  Jefferson.  "So  persecuted  they  the  pro- 
phets which  were  before  yotf." — Matthew  v:12. 

The  introductory  sentences  were  equally  emphatic.  Mr. 
Bryan  said: 

Mr.  Chairman,  I  desire,  in  the  first  place,  to  call  attention 
to  the  extraordinary  circumstances  which  surround  the 
presentation  of  this  measure.  This  is  the  closing  session  of 
the  Fifty-third  Congress,  and  nearly  half  of  the  members  of 
the  House  will  retire  in  about  two  months.  Yet  the  Presi- 
dent of  the  United  States  has  asked  this  Congress  to  pass 
a  bill  which  changes  the  entire  character  of  our  paper 
money. 

I  doubt  if  you  will  find  a  parallel  in  the  last  twenty-five 
years.  I  doubt  if  you  will  find  such  a  repudiation  of  the 
theory  of  democratic  government.  Why  do  we  have  plat- 
forms? It  is  in  order  that  the  people  who  vote,  knowing 
the  policies  to  be  pursued,  may  express  themselves  on  those 
policies,  and  select  such  agents  as  will  carry  out  their  pur- 


496  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

poses.  II'  thai  is  the  purpose  «»f  platforms,  if  we  believe 
that  what  power  we  have  really  comes  from  the  people,  and 
if  we  believe  thai  they  arc  competent  to  govern  themselves. 
what  excuse  can  be  given  for  proposing  so  important  a 
change  in  the  monetary  policy  of  the  country,  without  ever 
having  submitted  the  question  for  public  consideration? 

lias  any  President  ever  proposed  before  to  annihilate  the 
greenbacks?  Has  an\  party  ever  declared  for  it?  Have 
any  campaign  speakers  ever  presented  that  issue  to  the 
American  people?  Ami  yet  after  an  election,  one  of  the 
most  extraordinary  elections  ever  held  in  the  United  States, 
after  a  political  defeat  without  precedent,  the  defeated 
party  in  control  of  Congress  is  asked,  before  it  retires,  to 
please  turn  over  the  issue  of  all  paper  currency  to  the 
banks.  More  than  that,  the  Banking  and  Currency  Commit- 
tee at  once  takes  up  the  question  and  certain  people  are  in- 
vited  to  come   and  be   heard. 

More  than  carrying  out  the  spirit  of  his  exordium,  while  con- 
testing with  ten  of  his  colleagues,  who  occupied  half  his  time 
with  questions  and  interruptions,  he  came  to  his  conclusion,  in 
the  style  of  intrepidity  defiant. 

If  the  President  is  determined  to  make  our  financial 
bondage  siill  more  oppressive  than  it  now  is,  let  him  carry 
out  his  purpose  with  the  aid  of  a  [Republican  Congress.  If 
we  can  not  relieve  the  people,  we  can  at  least  refuse  to  be 
responsible    lor  further  wrong  doing. 

We  are  told  that  the  President  will  not  approve  any  bill 
which  carries  out  the  pledge  of  the  last  national  platform  in 
favor  of  the  coinage  of  gold  and  silver  without  discrimina- 
tion against  either  metal  or  charge  for  mintage,  but  is  that 
any  reason  why  we  should  join  him  in  making  the  restora- 
tioii  of  silver  more  difficult  for  the  Administration  which 
shall  succeed  his?  It  is  useless  to  shut  our  eyes  to  the  di- 
vision in  the  Democratic  party.  We  who  favor  the  restora- 
tion of  siher  deplore  the  division  as  much  as  our  opponents; 
bu1  who  is  to  blame?  Did  not  the  President  ignore  the  sil- 
ver Democrats  in  making  up  his  Cabinet?  Has  he  not 
ignored  them  in  the  distribution  of  patronage?  Has  he 
not  refused  to  counsel  with  or  consider  those  Democrats 
who  stand  by  the  traditions  of  the  party?  Did  he  not 
press  through  Congress  with  all  the  power  at  his  com- 
mand the  unconditional  repeal  of  the  Sherman  law.  in  spite 
of  the  earnest  protest  of  nearly  half  the  Democratic  mem- 
bers of  the  two  Houses?     And  did  he  not  join  with  the  Re- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  491 

publicans    to    defeat   the    seigniorage    bill,    which   was    sup- 
ported by  more  than  two-thirds  of  the  Democratic  party? 

Did  he  not  oppose  the  income  tax.  which  a  large  majority 
of  the  Democratic  party  favored?  Has  he  not  in  fact  joined 
with  the  Democrats  of  the  Northeast  time  and  again  to  de- 
feat the  wishes  of  the  Democrats  of  the  South  and  West? 
We  desire  harmony,  but  we  can  not  purchase  it  at  a  sacri- 
fice of  principle.  We  desire  to  live  on  friendly  terms  with 
Mr.  Cleveland  and  our  Eastern  brethren,  but  -we  can  not 
betray  our  people  or  trample  upon  their  welfare  in  order 
to  do  so.  If  the  party  is  rent  in  twain  let  the  responsi- 
bility rest  upon  the  President  and  his  followers,  for  no 
other  Democratic  President  ever  tried  to  fasten  a  gold 
standard  upon  the  country  or  to  surrender  to  the  banks  the 
control  of  our  paper  currency.  Let  the  fight  go  on.  If  this 
bill  is  defeated  the  people  will  profit  by  the  discussion  it 
has  aroused.  I  have  confidence  in  the  honesty,  intelligence, 
and  patriotism  of  the  American  people,  and  I  have  no  doubt 
that  their  ultimate  decision  will  be  right.     [Loud  applause.] 

PACIFIC    RAILROAD. 

February  1,  1895,  Mr.  Bryan  said: 

Mr.  Chairman,  I  shall  avail  myself  of  the  brief  time  al- 
lowed and  run  over  the  principal  points  to  which  I  desire  to 
call  attention,  and  then  put  in  the  Record  some  extracts 
from  the  Pattison  report  which  I  shall  not  have  time  to 
read.  This  bill  affects  mainly  two  classes  of  people,  namely, 
those  who  have  been  guilty  of  defrauding  the  Government 
in  the  management  of  the  roads  and  those  who  for  the  next 
fifty  years  will  pay  the  rates  charged  by  these  roads  for 
transportation,  and,  as  a  bill  should  desci'ibe  the  purposes 
embodied  in  it,  I  think  the  title  of  this  bill  ought  to  be  made 
to  read  as  follows:  "A  bill  to  so  amend  the  eighth  com- 
mandment that  it  will  read,  'Thou  shalt  not  steal  on  a 
small  scale,'  to  visit  the  iniquities  of  the  fathers  upon  the 
children  of  somebody  else  unto  the  third  and  fourth  genera- 
tions, and  for  no  other  purpose."     [Laughter.] 

For  one  generation  the  patrons  of  the  roads  have  suffered 
from  extortion,  and  the  pending  measure  would  extend  the 
injustice  for  two  more  generations  and  at  the  same  time 
condone  the  crimes  of  those  who  have  been  in  charge  of  the 
roads.  In  behalf  of  the  inhabitants  of  the  transmississippi 
region  I  appeal  to  you  to  foreclose  these  liens,  squeeze  the 
water  out  of  the  stock,  reduce  the  roads  to  a  business  basis, 
and  allow  the  Western  States  to  secure  reasonable  rates  for 
their  citizens.      [Applause.] 

33 


198  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

GOLD  BONDS. 

A  lull  I  mm  11 «_:  before  the  House  to  authorize  the  issue  of  gold 
bonds  mid  retire  United  States  notes,  Mr.  Bryan  unfurled  his 
standard  bearing  the  defiant  inscription:  "Be  it  known  unto 
dice,  o  king,  that  we  will  not  serve  thy  gods,  nor  worship  the 
golden  image  which  thou  hast  set  up." — Daniel  iii:18. 

Mr.  Chairman,  the  gentleman  from  Maine  will  not  conic 
out  and  say  that  he  wants  to  destroy  the  greenbacks,  but 
he  wants  to  keep  them  idle  in  the  treasury  so  that  some 
future  Congress  can  destroy  them  if  it  wants  to  do  so.  If 
those  greenbacks  are  good,  why  not  pay  them  out  for  the 
expenses  of  the  Government?  They  are  there  in  the  treas- 
ury. We  have  enough  of  them.  We  do  not  need  to  issue 
bonds  for  the  payment  of  our  expenses.  We  have  green- 
backs enough  in  the  treasury  now  to  pay  any  deficit  that 
can  possibly  occur  until  the  receipts  of  the  Government 
equal  its  expenditures,  according-  to  the  estimate  of  the 
Secretary  of  the  Treasury. 

He  offered  an  amendment  as  a  summing  up  of  his  views.  It 
reads  as  follows: 

Provided,  That  nothing  herein  shall  be  construed  as  sur- 
rendering the  right  of  the  Government  of  the  United  States 
to  pay  all  coin  bonds  outstanding  in  gold  or  silver  coin  at 
the  option  of  the  Government,  as  declared  by  the  following 
joint  resolution,  adopted  in  1878  by  the  Senate  and  House 
of  Representatives  of  the  United  States  of  America,  to-wit: 

"That  all  the  bonds  of  the  United  States  issued  or  author- 
ized to  be  issued  under  the  said  act  of  Congress  hereinbe- 
fore recited  are  payable,  principal  and  interest',  at  the 
option  of  the  Government  of  the  United  States,  in  silver 
dollars  of  the  coinage  of  the  United  States,  containing  412% 
grains  each  of  standard  silver;  and  that  to  restore  to  its 
coinage  such  silver  coins  as  a  legal  tender  in  payment  of 
said  bonds,  principal  and  interest,  is  not  in  violation  of  the 
public  faith  nor  in  derogation  of  the  rights  of  the  public 
creditor." 

MEMORIAL    SENTIMENTS. 

During  his  official  career,  no  occasion  more  appropriate  for  the 
utterance  of  immortal  truth  could  have  occurred  than  memorial 
services  for  a  distinguished  son  of  North  Carolina. 

Mr.  Speaker,  there  arc  things  in  this  life  more  valuable 
than  money.     The  wise  man  said  three  thousand  years  ago, 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  499 

"A  good  name  is  rather  to  be  chosen  than  great  riches,  and 
loving  favor  rather  than  silver  and  gold/'  We  struggle,  we 
sacrifice,  and  we  toil  in  order  to  leave  to  our  children  a 
fortune;  but  I  believe  that  Senator  Vance  has  left  to  his 
widow  and  to  his  children  a  greater,  a  more  valuable  herit- 
age than  he  could  possibly  have  left  had  he  given  to  them 
all  the  money  which  one  man  ever  accumulated  in  this 
world.  When  he  left  to  them  a  name  untarnished,  when 
he  left  to  them  a  reputation  such  as  he  earned  and  bore, 
he  left  to  them  that  which  no  wealth  can  purchase  and  that 
which  no  one  who  possesses  it  would  part  with  for  money. 
I  am  not  skilled  in  the  use  of  obituary  adjectives,  and  did 
not  rise  to  give  a  review  of  his  life,  but  1  beg  to  place  on 
record  my  tribute  of  profound  respect  for  a  public  servant 
who  at  the  close  of  his  career  was  able  to  say  to  the  people 
for  whom  he  toiled.  "I  have  lived  in  your  presence  for  a 
lifetime;  I  have  received  all  my  honors  at  your  hands;  I 
stand  before  you  without  fear  that  anyone  can  charge 
against  me  an  official  wrong."  I  say,  to  such  a  man  I  pay 
my  tribute   of  respect. 

ARBITRATION. 

Ever  alert  and  ready  for  work,  the  last  week  of  his  congres- 
sional life  found  him  appealing  in  behalf  of  arbitration  between 
carriers  engaged  in  interstate  commerce  and  their  employees. 

Society  cannot  afford  to  allow  the  employer  and  the  em- 
ployees to  fight  out  their  differences  even  if  they  both 
desire  to  do  so,  and  certainly  neither  desires  to  do  so. 
Courts  of  justice  are  established  to  settle  disputes,  to  con- 
strue contracts,  and  to  award  damages.  Commissions  are 
established  to  fix  transportation  rates  and  for  various  other 
purposes.  Courts  and  commissions  are  simply  arbitration 
boards  instituted  by  society  for  its  own  protection  and  for 
the  economical  adjustment  of  personal  difficulties.  This 
bill  seeks  to  extend  the  principle  of  arbitration  to  disputes 
between  common  carriers  and  their  employees  in  regard  to 
"wages,  hours  of  labor,  and  conditions  of  employment."  I 
am  in  hearty  sympathy  with  the  purpose  of  the  bill  and 
shall  gladly  support  it. 

There  is  no  more  danger  of  the  abandonment  of  arbitra- 
tion after  a  fair  trial  than  there  is  of  our  going  from  the 
court  of  justice  back  to  the  wager  of  battle.  Arbitration  is 
in  the  line  of  progress  and,  like  the  adoption  of  the  Aus- 
tralian ballot,  is  an  indication,  if  not  proof  positive,  that 
civilization  is  advancing,  and  that  each  new  generation 
pitches  its  camp  on  higher  ground. 


500  NEBRASKA    STATE   HISTORICAL   SOCIETY. 

ANTITOXINE. 

On  the  last  day  of  the  session,  just  before  the  Speaker's  gavel 
was  to  make  its  final  stroke,  on  Mr.  Bryan's  motion,  the  bill  was 
taken  ap,  "to  admit  free  of  duty  antitoxine,"  the  diphtheria  cure 
of  Germany,  discovered  by  inoculating  the  horse  with  diphtheria 
virus.  The  bill  was  attacked  in  a  strain  of  irony  and  wit  by  Mr. 
Henderson,  of  Iowa,  and  replied  to  and  parried  by  Mr.  Bryan. 

Mi:.  Bin  ax:  Mr.  Speaker,  I  am  not  willing  that  my  friend 
from  Iowa  (Mr.  Henderson)  shall  surpass  me  in  compli- 
ments. He  attempted  to  give  expression  to  his  affection 
when  T  first  came  here.  I  loved  him  "when  he  was  still," 
but  as  I  became  better  acquainted  with  him  my  affection 
increased  rapidly,  and  the  opportunities  for  manifesting  it 
were  so  very  infrequent  that  1  had  to  love  him  when  he 
talked  or  I  could  not  get  a  chance  to  love  him  at  all.  He 
has  not  been  as  happy  to-night  as  usual;  perhaps  I  ought 
not  to  say  "happy,"  because  he  is  always  happy  when  he 
is  talking,  but  he  was  not  as  felicitous  as  usual.  The  gen- 
tleman stated  in  the  beginning  that  he  had  received  a  pile 
of  information  on  this  subject,  but  that  he  had  not  read  it. 
His  word  is  good  here;  he  need  not  have  made  his  speech 
in  order  to  satisfy  us  that  he  had  not  read  the  information 
received.  We  would  have  accepted  his  statement  as  proof 
without  the  additional  evidence  afforded  by  his  speech. 

My  friend  says  that  he  does  not  want  to  inflict  this  injury 
upon  our  horses.  Why,  my  dear  friend  (if  he  will  allow 
me  to  address  him  in  that  way),  we  want  antitoxine  admit- 
ted free  so  that  we  can  make  the  "pauper"  horses  of  the 
old  country  bleed  and  thus  save  our  own  horses. 

The  gentleman  speaks  of  doing  something  to  restore  per- 
petual youth.  When  he  has  the  gentleman  from  Maine  in 
the  chair,  with  a  Republican  gold-bug  Congress  and  a  silver 
Senate,  he  will  not  want  perpetual  youth.  [Laughter.]  He 
will  want  death  just  as  soon  as  it  can  come. 

But  we  are  to  decide  to-night  whether  we  think  more 
of  the  infant  industry  of  this  country,  which  is  suffering 
from  diphtheria,  than  of  the  pauper  horse  abroad.  Those 
members  who  vote  "no"  on  this  proposition  are  in  favor  of 
the  foreign  horse;  those  who  vote  for  the  proposition  are 
in  favor  of  our  children. 

Thus  li<-  rode  out  of  the  House  and  out  of  office,   with  the 
|>;iss.m1  bill  as  a  trophy. 


MEMBERS    OF    LT.  S.  HOUSE    OF    REPRESENTATIVES.  501 


HON.  WILLIAM  A.  MKEIGHAN. 

March  4th,  1S91— March  4th,  1895. 

In  the  year  1880,  Mr.  McKeighan  removed  from  Pontiac,  Illi- 
nois, to  a  farm  near  Red  Cloud,  Webster  County,  Nebraska. 
Prior  to  this  he  had  served  during  the  war  of  the  rebellion  in 
the  11th  Regiment  Illinois  Cavalry  and  had  taken  an  active  part 
in  organizing  the  Farmers'  Association.  He  was  at  that  time 
thirty-eight  years  of  age.  having  been  born  in  1842  in  the  State  of 
New  Jersey,  from  which  he  was  removed  in  his  sixth  year  to 
Fulton  County,  Illinios.  His  education  was  obtained  in  the  com- 
mon schools  of  that  comparatively  new  State,  during  short  in- 
tervals of  change  from  the  incessant  toil  of  farm  life. 

Ready  for  any  fate,  he  graduated  from  the  dug-out  to  the  sod 
house,  and  within  five  years  responded  to  the  title  of  judge,  hav- 
ing been  elected  to  that  county  office.  In  the  sixth  year  of  his 
residence  he  was  the  Democratic  candidate  for  Congress  against 
James  Laird,  but  failed  of  an  election. 

The  district  contained  twenty-five  counties,  in  which  he  made 
a  canvass,  famous  for  bold  aggressive  attacks,  sledge-hammer 
arguments  and  a  prodigal  display  of  plain  Anglo-Saxon  lan- 
guage. His  Alliance  training  and  Democratic  doctrines  stood 
him  in  good  demand  and  so  vigorously  did  he  press  the  work  of 
political  reform  that  in  1890  the  People's  party  made  him  their 
standard  bearer — the  Democrats  confirmed  his  nomination, 
which  gave  him  an  election  and  a  seat  in  the  52nd  Congress. 

Four  years  from  the  time  the  irrepressible  and  eloquent  Laird 
was  elected,  as  usual,  over  him,  McKeighan  polled  a  majority  of 
13,000  votes. 

FIRST  SPEECH. 

The  Free  Coinage  of  Silver  was  the  first  theme  with  which  he 
came  before  the  House  of  Representatives — a  long  elementary 
discussion  of  currency  values,  economic  demands,  financial  mo- 
nopolies and  the  behests  of  a  swindled  public. 


502  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

All  through  the  production  is  evidenced  careful  and  pains- 
taking research,  with  a  power  of  comprehensive  analysis  little 
anticipated  from  his  meteoric  exhibitions  on  the  stump.  It  was 
mi  mosaic  of  incongruities — no  cottonwood  piazza  in  front  of  a 
marble  palace.  Before  reading  it,  the  student  will  need  the  aids 
of  the  History  of  Coins  and  Currency,  of  Banks  and  Banking, 
ami  the  apocryphal  formulas  of  antiquated  financiers.  In  its  in- 
troduction he  proudly  introduced  his  constituents  before  the 
foot-lights. 

Mr.  Speaker,  I  represent,  and  am  proud  to  represent  and 
voice  on  this  floor,  because  I  most  heartily  sympathize  with 
them,  the  principles  of  a  party  that  favors  a  legal  consti- 
tution of  money  which  cuts  loose  from  all  pretense  of 
metallic  definition,  a  constitution  of  it  which  puts  the  regu- 
lation of  its  volume  under  intelligent  scientific  control,  leav- 
ing it  no  longer  subject  to  the  accidents  and  uncertainties 
of  gold  and  silver  discoveries  and  the  wild  variations  of  the 
mineral  output,  as  well  as  the  malignant  and  selfish  manipu- 
lations of  crafty  creditors  and  money-mongers,  who  have 
hitherto  controlled  the  monetary  legislation  of  the  world, 
and,  who,  by  present  indications,  will  for  generations  to 
come  continue  to  control  it  in  their  interests  in  all  Euro- 
pean countries. 

MINORITY   REPORT. 

But,  before  entering  upon  any  affirmative  exposition,  a 
few  words  upon  the  minority  report.  This  wonderful  docu- 
ment is  redolent  with  the  odor  of  the  counting-house. 
There  is  in  it  no  flavor  of  the  soil  or  the  harvest  field.  It 
has  no  suggestion  in  it  as  to  the  interest  of  those  who 
smite  the  rock,  who  delve  in  the  mine,  who  forge,  fell  the 
forest,  break  the  ground,  reap  and  gather  into  barns.  From 
its  reading  no  one  would  infer  that  money  had  any  nec- 
essary relation  to  the  vulgur  products  of  toil,  or  that  cot- 
ton,.grain,  or  meat  should  have  any  voice  in  its  legal  con- 
stitution. Observe  with  what  delicacy  the  claim  of  these 
security  holders  is  put.  They  are  based  upon  their  expec- 
tations and  the  "faith"  that  these  expectations  would  be 
met  in  the  "best  mom\ ."'  That  faith  is  a  sweet-scented 
bloom,  till  you  materialize  it. 

On  close  inspection  it  is  found  to  have  been  begotten  by 
avarice,  nurtured  in  hypocrisy  and  falsehood  and  its  frui- 
tion is  the  spoliation  of  industry.  It  is  not  true,  and  these 
gentlemen  know  it  is  not  true,  thai    their  "expectations"  is 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  503 

the  measure  of  the  duty  of  government  in  relation  to  its 
outstanding-  obligations.  It  is  not  true,  and  they  know  it 
is  not  true,  that  honor  and  good  conscience  demand  their 
payment  in  what  they  call  "best  money."  They  know,  and 
everyone  who  has  ever  given  the  subject  any  thought 
knows,  that  there  never  was  any  government  promise  to 
pay  dollars  in  this  country  that  was  not  equitably,  hon- 
estly, and  legally  dischargeable  in  whichever  of  the  two 
standard  coins  was  of  the  lesser  value  at  the  time  of  pay- 
ment. This  "best  money"  outcry,  and  the  claim  of  "hon- 
esty" and  governmental  duty  in  that  regard,  is  of  recent 
birth  and  is  palpable  hypocrisy.  The  government  and  every- 
body always  claimed  and  exercised  the  undisputed  right  to 
pay  in  the  cheaper  coin.  Whoever  accounted  himself  cheated 
when  his  debtor  always,  prior  to  1S73,  compelled  him  to 
take  in  payment  gold  coin  of  less  value  by  3  per  cent  than 
the  "best  money?" 

Again,   in  conclusion,   came  his  constituency,   bowing   them- 
selves gracefully  from  the  stage. 

And  now,  Mr.  Speaker,  I  have  but  few  words  to  add  to 
this  already  too  long  discussion,  for  I  cannot  close  without 
reference  to  the  general  situation.  Our  people  are  very 
much  in  earnest  in  this  money  reform  or  restoration.  They 
are  not  dishonest,  nor  are  they  fools.  They  cannot  be  any 
longer  deceived  by  this  "honesty"  racket.  What  they  have 
long  borne  as  a  hardship  they  have  now  come  to  understand 
as  a  gigantic  wrong-.  Only  by  a  study  of  this  uprising 
among  the  people  who  are  the  chief  victims  of  this  spolia- 
tion can  be  gotten  any  adequate  notion  of  the  intensity  of 
their  convictions,  the  high  moral  quality  of  their  motives, 
and  the  resoluteness  of  their  purpose.  They  have  been  study- 
ing the  subject,  and  the  breadth  of  their  reading,  the  ex- 
tent of  their  economic  intelligence,  and  the  cogency  of  their 
reasoning  puts  to  shame  the  shallowness  of  so-called  great 
"financiers"  and  the  prigs  of  the  counting-house. 

Mr.  Speaker,  the  people  I  represent  are  not  anarchists, 
they  are  not  opposed  to  the  accumulation  of  wealth,  but 
they  are  opposed  to  its  unjust  distribution,  they  believe  that 
the  accumulation  of  wealth  is  the  first  step  in  social  im- 
provement, and  that  the  next  thing  in  importance  is  its 
proper  distribution  among  the  several  members  of  society. 
This  distribution,  if  left  free  to  follow  natural  laws,  would 
be  found  to  be  in  accordance  with  the  skill,  industry  and 
economy  of  those  who  toil. 

The  recent  concentration  of  wealth  in  the  hands  of  a  few 


504  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

is  causing-  alarm  in  the  minds  of  all  thoughtful  men.  That 
wealth  in  this  country  has  become  a  great  political  power, 
no  fair-minded  man  will  deny.  Our  people  rely  on  their 
inherent  sovereignty  as  the  true  basis  of  just  government, 
and  they  arc  not  willing  that  power  and  dominion  should 
have  any  other  foundation.  They  believe  that  when  wealth 
usurps  the  place  of  man  in  government,  it  becomes  man's 
oppressor.  They  believe  that  man  should  be  above  every 
system,  and  that  in  man  all  political  power  must  center  or 
calamity  will  follow. 

The  old  idea  that  the  favored  few  ought  to  govern  and 
the  modern  idea  of  a  government  of  the  people  are  -mutu- 
ally antagonistic.  There  can  be  no  compromise  between 
these  two  opposing  forces.  The  people  are  organizing  for 
a  great  political  contest,  a  contest  the  result  of  which  will 
prove  that  the  integrity,  honor,  courage,  and  patriotism  of 
our  people  can  be  relied  on  in  any  emergency.  This  con- 
test will  not  end  until  corporations,  combinations,  and 
monopolies  bow  in  submission  to  just  law.  I  will  close  by 
using  language  different,  though  similar,  to  that  used  by 
my  eloquent  young  colleague.  I  say,  "In  that  day"  the 
people  will  be  sovereign;  "long  live  the  sovereign."  [Loud 
applause.] 

SECOND   SPEECH. 

Wednesday,  April  6,  1892,  the  question  being  to  place  wool  on 
the  free  list,  and  time  being  limited  to  five-minute  discussions, 
Mr.  McKeighan  said: 

Mr.  Chairman — Owing  to  the  fact  that  my  time  is  limited, 
it  is  not  my  purpose  to  enter  into  anjr  general  discussion  of 
the  tariff  question  at  this  time. 

I  have  never  been  able  to  bring  myself  to  believe  that  it  is 
the  business  of  the  government  to  interfere  in  the  regula- 
tion and  adjustment  of  the  business  of  our  people,  be- 
lieving as  I  do  that  the  men  who  are  trained  in  the  school 
of  actual  experience  know  better  how  to  conduct  and  regu- 
late their  own  business  than  the  members  of  this  or  any 
other  Congress  know  how  to  regulate  it  for  them. 

Taxation  is  to  levy  and  collect  from  the  people  a  sufficient 
amount  of  money  to  pay  the  necessary  expenses  of  our  gov- 
ernment. Of  this  kind  of  taxation  I  do  not  complain,  but, 
sir,  when  the  United  States  government  lays  its  heavy  hand 
<  ti  my  business  for  the  purpose  of  building  up  the  business 
of  some  one  else,  or  takes  a  single  cent  from  my  family, 
for  the  \ise  and  benefit  of  another  family,  I  feel  that  the 
government  is  going  beyond  its  business,  and  all  laws  hav- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  505 

ing  that   end   in  view  should   be  promptly  repealed   on  the 
grounds  that  we  have  equal  rights. 

The  reasons  given  for  supporting  the  bill  were,  its  passage 
would  lead  to  a  general  reduction  of  duties,  because  it  offers  to 
place  wool  on  the  free  list, — reduce  duties  on  the  manufactured 
article, — and  because  it  would  reduce  the  tax  on  mixed  wool 
and  cotton  goods,  so  much  worn  by  Nebraska  farmers. 

I  and  the  people  I  represent  are  in  favor  of  a  system  of 
national  taxation  that  will  compel  the  man  who  possesses 
one  million  worth  of  property  to  pay  more  money  for  the 
support  of  the  government  than  it  compels  the  man  to  pay 
who  only  has  $2,000  of  property.  [Loud  applause.]  Any 
system  of  taxation  that  does  not  do  this  is  not  a  just  and 
equitable  system. 

Time  being  extended  five  minutes  more,  it  was  occupied  by 
showing  the  fallacy  of  a  reform  that  taxed  the  farmer  $1.50  and 
promised  to  return  in  benefits  fifty  cents, — that  assumed  to  run 
his  business  for  him, — and  offered  him  relief  where  it  would  not 
interfere  with  some  other  constituent's  prerogative  to  plunder. 
In  conclusion  he  said: 

I  thank  God  that  the  threats  of  a  sugar  manufacturer  will 
not  deter  any  member  of  the  Nebraska  delegation  from 
standing  in  this  House  and  saying  that  we  are  willing  to 
pay  taxes  to  support  this  government,  but  we  are  not 
willing  to  pay  a  single  cent  of  tribute  to  a  manufacturer  of 
sugar  or  to  a  manufacturer  of  twine.  When  the  Democratic 
party  puts  itself  in  harmony  with  the  toiling  masses  then 
and  not  till  then  will  it  be  entitled  to  the  support  of  the 
people  of  the  country.     [Loud  applause.] 

When  the  people  ask  for  the  free  coinage  of  silver,  the  op- 
position to  it  predict  the  most  direful  calamity.  When  the 
people  ask  for  a  proper  regulation  of  interstate  commerce, 
the  cry  of  calamity  is  loud  and  long;  when  we  ask  that  the 
hand  of  the  tariff  robber  be  taken  from  the  pockets  of  our 
people,  the  cry  of  these  aristocrat  "calamity  howlers"  goes 
up  like  the  howling  of  a  pack  of  hungry  wolves  in  a  grave- 
yard. 

The  protectionists  of  this  country  do  not  hesitate  to  con- 
tradict themselves  or  to  distort  the  facts  in  the  economic 
history  of  the  world  in  their  attempts  to  prove  that  it  is  a 
good  thing  to  compel  one  class  of  our  people  to  pay  tribute 


506  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

to  another  class,  and  that  all  the  periods  of  depression  that 
we  have  experienced  in  the  pasl  were  the  results  <>f  the 
refusal  of  the  wicked  "free  traders"  to  allow  these  pious 
protected  patriots  to  put  their  hands  into  the  pockets  of  a 
long-suffering  people. 

Year  by  year  this  farce  of  protecting-  the  American  la- 
borer goes  on;  year  after  year  the  jaded  steed  of  protection 
is  led  into  the  Congressional  circus  ring,  "the  band  begins 
to  play,"  and  the  gentlemen  in  masks  ride  him  in  full  view 
of  an  audience  that  would  enjoy  the  show  better  if  it  cost 
them  less. 

THIRD    SPEECH INGERSOLL   ANECDOTE. 

The  Congressional  Record  of  July  18,  1892,  introduced  the  Ne- 
braska member  to  its  readers  in  opposition  to  a  $5,000,000  ap- 
propriation for  the  Chicago  Columbian  Exposition.  Mr.  Mc- 
Keighan  said: 

Mr.  Chairman,  this  discussion  has  taken  a  wide  range. 
I  shall  occupy  a  few  minutes  of  the  time  of  the  House.  I 
was  much  diverted  by  the  remarks  of  the  gentleman  from 
Pennsylvania  (Mr.  Brosius),  the  interesting  recital  of  the 
sun  kissing  the  hills  (and  things)  was  beautiful.  He  re- 
lated to  us  the  way  in  which  Pericles  caused  the  people  of 
Athens  to  submit  to  exorbitant  taxation  by  a  cunning  ap- 
peal to  their  £>ride.  His  remarks  brought  to  my  mind  an 
incident  of  my  war  experience.  It  was  my  fortune  to  be  a 
member  of  the  Eleventh  Illinois  Cavalry  during  the  late  un- 
pleasantness. It  was  told  of  Col.  Ingersoll  that  when  on 
a  certain  occasion  the  chaplain  was  found  in  the  possession 
of  a  fine  horse  to  which  he  had  no  good  title,  in  law  or 
morals,  the  Colonel  took  him  to  task  about  it.  The  chap- 
lain said:  "Why,  colonel,  Christ  stole  an  ass  on  which  to 
ride  into  Jerusalem."  "But,"  said  the  colonel,  "You  are  not 
Christ,  that  horse  is  not  an  ass,  and  we  are  not  going  to 
Jerusalem;  and  I  advise  you  to  take  the  animal  back  and 
restore  him  to  his  owner." 

This  house  is  not  Pericles,  we  are  not  representing  the 
people  of  Athens,  this  appropriation  is  not  for  a  public 
building.  The  greatest  glory  of  our  Government  should  be 
that  every  dollar  taken  from  the  people  by  taxation  should 
be  applied  to  the  legitimate  expenses  of  the  Government. 

Since  the  constitutional  question  had  been  ably  argued  he 
proceeded  to  show  the  inconsistency  of  men  who  would  not 
favor  a  government  loan  to  farmers,  with  real  estate  security. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  507 

"but  at  the  same  time  would  grant  an  Illinois  corporation  $5,000,- 
000  without  security.  Incidentally  the  Farmers'  Alliance  was 
eulogized,  government  issue  of  greenbacks  approved,  and  refusal 
to  grant  free  coinage  denounced.  The  conclusion  was  legitimate 
— "warp  and  woof"  of  the  original  fabric. 

Mr.  McKeighax:  We  are  asked  to  make  this  appropria- 
tion to  aid  the  World's  Exposition,  on  the  ground  that  it 
will  bring  us  into  closer  commercial  relations  with  other 
nations.  This  argument  is  advanced  by  gentlemen  who  are 
in  favor  of  tariff  taxes  that  restrict   trade. 

When  the  farmer  sells  his  farm  produce  he  is  allowed  to 
export  it  without  pajing  a  tax.  But,  sir,  when  he  exchanges 
it  in  the  world's  market  for  supplies  for  the  use  of  his 
family  these  advocates  of  "wider  commercial  relations" 
have  passed  laws  that  compel  him  to  pay  a  tariff  so  high 
that  he  can  not  bring  his  goods  into  this  country,  thus  forc- 
ing him  to  buy  in  a  market  rendered  artificially  dear  by 
reason  of  this  unjustifiable  legislation.  This  is  what  they 
call  "widening  our  commercial  relations";  I  call  it  robbing 
the  American  farmers  for  the  sole  benefit  of  American 
mill-owners. 

Gentlemen,  if  you  will  take  the  shackles  from  the  strong 
arms  of  the  American  farmers  you  will  not  need  to  vote 
•$5,000,000  to  teach  us  how  to  sell  our  produce  or  where  to 
buy  our  goods.  The  great  wholesale  and  jobbing  houses 
have  in  their  employ  thousands  of  bright,  educated,  ener- 
getic, and  intelligent  commercial  travelers;  they  are  on 
board  of  our  ocean  steamers,  bound  for  all  parts  of  earth, 
seeking  for  the  finest  fabrics  of  everj'  country  and  choicest 
fruits  of  every  climate.  They  are  on  board  of  every  train 
that  crosses  the  mountains  and  plains  of  our  own  fair  and 
fertile  land;  they  crowd  our  hotels  and  display  their  samples 
in  every  country  store  and  in  ever}-  mining  camp. 

Let  Congress  stop  erecting  costly  monuments  to  dead 
heroes,  stop  building  costly  naval  vessels,  stop  all  such  ap- 
propriations as  the  one  proposed  by  this  Senate  amendment, 
let  the  people  keep  the  money  they  have  earned;  do  this  and 
our  merchants  will  find  a  revival  of  trade,  the  commercial 
traveler  will  find  plenty  of  customers,  and  the  farmers 
enough  of  money  to  pay  their  debts  with. 

Take  the  weight  of  class  legislation  from  the  backs  of 
American  people,  and  they  will  take  care  of  themselves.  Do 
this,  and  American  skill,  energy,  and  industry  will  widen 
our  commercial  relations  and  build  a  strong  government  on 
the  sure  foundation  of  equal  rights  to  all. 


."IIS  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

Gentlemen,  the  howl  of  "calamity  shrieker"  has  no  argu- 
ment in  it.  There  were  calamity  shriekers  at  the  time  of 
the  flood;  they  were  in  Egypt  before  her  splendid  civiliza- 
tion went  down  in  chaos  and  darkness;  they  were  in  Persia 
before  the  Greek  army  shattered  their  magnificent  forces 
on  the  plains  of  Marathon;  thej'  lifted  up  their  voices  in 
the  states  of  Rome,  and  gave  their  warnings  in  her  senate 
chambers;  they  warned  Greece  of  her  approaching  doom; 
they  sounded  their  peculiar  cry  in  Scotland  when  she  was 
a  nation;  they  were  not  silent  when  Irish  nationality  was 
being  lost;  they  annoyed  the  court  of  England  when  her 
conduct  was  driving  to  desperation  the  colonists  whose 
valor  taught  the  mother  country  a  lesson  in  that  great 
struggle  that  deprived  England'  of  an  empire.  The  calam- 
ity shrieker  has  never  failed  to  give  warning,  and  it  will  be 
wise  to  heed  rather  than  treat  lightly  the  warning  they  are 
giving  on  our  own  country. 

EXTRA    SESSION    FIFTY-THIRD    CONGRESS. 

What  has  already  been  written  of  Mr.  McKeighan's  "First 
Speech"  in  the  52nd  Congress  on  "The  Free  Coinage  of  Silver" 
is  equally  applicable  to  his  more  elaborate  and  severely  logical 
discussion  during  the  extra  session  of  the  53rd  Congress. 

To  quote  from  the  body  of  the  argument  proper,  would  be  as 
unsatisfactory  as  the  exhibition  of  a  single  brick  in  order  to 
convey  an  image  of  a  giant  structure. 

A  few  paragraphs,  however,  may  be  relied  upon  to  indicate 
the  temper  and  spirit  in  which  it  was  conceived  and  delivered. 

Mr.  McKeighan:  This  is  no  time  to  scold  or  criminate, 
no  time  to  mete  out  to  political  parties  the  share  of  blame 
belonging  to  each  of  them.  Sir,  in  this  discussion  Pilate 
and  Herod  have  been  made  friends  on  this  floor,  and  the 
political  Judas  has  shown  no  disposition  to  go  out  and  hang 
himself.  But  there  is  a  to-morrow  for  political  parties  in 
this  country,  a  to-morrow  that  will  bring  condemnation  and 
death  to  any  political  party  that  turns  a  deaf  ear  *o  the  just 
demands  of  our  people. 

There  is  a  God  that  rules  over  the  destinies  of  men  and 
nations;  a  God  that  is  not  deaf  to  the  earnest  appeal  of  His 
humble  poor;  a  God  who  will  see  to  it  that  the  desire  of 
the  people  of  this  great  nation  shall  "not  fail,"  but  shall 
come  to  bloom  and  fruit  not  alone  for  those  who  dwell  in  a 
brown-stone  front,  but,  sir,  for  those  whose  dwelling  place 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  509 

may  be  in   the  log  cabins  among  the  mountains  or  in  the 
sod-built  homes  of  the  Western  settlers. 

Refusal  to  repeal  that  act  is  complicity  in  the  guilt  of 
the  actions  of  that  great  wrong-.  The  enforced  beggary  of 
hundreds  of  thousands  of  brave  hearts  and  strong  arms 
cries  aloud  for  repeal. 

That  continuing  wrong  must  be  redressed.  As  God  lives,  it 
shall  be  redressed.  It  is  in  the  air;  the  stones  of  the  field 
are  in  league  with  us;  time  is  the  great  champion  of  our 
cause;  the  conscience  and  rapidly  growing  intelligence  of  a 
stricken  people  is  becoming  enlisted;  the  resolute  purpose 
of  the  bravest  and  most  enterprising  portion  of  this  proud- 
est nation  on  earth  will  not  be  balked  by  chicane  and  sub- 
terfuge already  planning  to  circumvent  us  by  a  new  ratio, 
by  which  the  weight  of  our  silver  dollar  shall  be  increased 
so  as  to  make  it  "honest"  as  gold  is  "honest." 

I  can  not  find  the  decorous  words  that  will  adequately  ex- 
press my  reprehension  of  the  reckless  immorality,  the  wan- 
ton disregard  of  high  and  most  sacred  equities  in  this  pro- 
posal of  increase  of  the  weight  of  our  standard  coin,  so 
easily  assented  to  by  pliant  and  weak-kneed  bimetallists. 
There  is  no  precedent  in  all  history  for  such  an  iniquity. 

I  can  not  bring  myself  to  believe  that  honorable  gentle- 
men in  this  august  council  chamber  have  duty  considered  the 
ethics  of  the  legislation  they  propose.  Have  not  our  people 
suffered  enough  from  this  "best  money"  legislation?  When 
shall  the  end  be  of  our  concessions  to  creditor  dictation?  I 
caution  you,  gentlemen,  as  I  have  before  on  this  floor  in 
discussing  this  subject,  against  traveling  further  on  that 
dangerous  road. 

I  am  moved  in  this  appeal  to  an  earnestness  that  comes 
from  a  higher  source  than  the  wishes  and  special  interests 
of  my  own  constituents,  dear  as  they  are  to  me.  You  are 
sowing  the  wind,  and  it  will  return  to  you  in  cyclones  of 
wrath.  Do  you  not  see  what  a  precedent  you  are  setting  us 
by  using  your  power  to  increase  the  size  of  the  instrument 
which  measures  and  defines  the  effective  meaning  of  all  com- 
mercial contracts  in  the  world,  and  that  in  the  interest  of 
creditors?  It  will  go  hard  if  our  people,  when  they  come 
into  power,  do  not  improve  upon  your  instruction  and  legis- 
late such  attenuated  import  into  that  great  word  dollar  as 
will  make  those  heaven-kissing  mountains  of  credit  wealth 
shrivel  and  waste  away  like  an  ice  palace  before  a  south- 
ern sun,  and  history  with  a  sigh  of  pity  will  record  its  ver- 
dict of  approval.     [Loud  applause.] 

Taking  part  in  the  great  tariff  discussion,  in  the  first  regular 


.",111  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

session  of  the  53rd  Congress,  January  L9th,  1894,  bis  speech  was 
a  quiver  of  arrows,  each  shaft  being  barbed,  and  steeped  in  a 
solution  presaging  monopoly  pall-bearers  a1  a  tariff  funeral. 

FIRST   IRONICAL  SHOT. 

Mr.  Chairman — The  one  element  of  sincerity  in  such  pre- 
i  ruses  is  the  belief,  honestly  entertained,  by  a  great  many 
wealthy  gentlemen,  that  it  is  the  business  of  the  Govern- 
ment to  take  care  of  the  rich,  because  then  the  rich  will 
take  care  of  lhe  poor.  They  sincerely  believe  that  they  give 
bread  to  their  workingmen;  that  they  support  their  labor- 
ers, instead  of  the  laborers  supporting  them.  They  regard 
themselves  as  the  chief  benefactors  of  the  race,  and  because 
they  see  in  times  like  these  multitudes  of  men  deprived  of 
the  comforts  of  life  because  unable  to  find  employment  un- 
der a  boss,  they  honestly  believe  that  the  boss  creates  wealth 
and  distributes  it  among  his  hired  men.  It  never  occurs  to 
them  that  the  reason  why  such  multitudes  of  men  are  thus 
dependent  upon  them  is  that  they,  and  those  who  act  with 
them,  have  monopolized  all  the  natural  opportunities  given 
by  God  to  the  American  people,  and  have  thus  compelled 
the  masses  of  the  people  to  come  to  them,  hat  in  hand,  say- 
ing. "Put  me,  I  pray  thee,  in  one  of  the  offices,  that  I  may 
earn  a  morsel  of  bread." 

A   COMPANION   PIECE. 

I  am  ashamed  to  have  to  explain  to  anybody  the  trans- 
parent humbug  of  this  Dodge  philosophy,  but  it  must  be 
done.  It  is  not  to  the  interest  of  any  farmers  or  of  all 
farmers  to  raise  small  crops.  There  is  no  such  thing  as 
overproduction.  There  are  people  enough  in  a  few  Euro- 
pean countries  to  eat  all  the  wheat,  corn,  beef,  and  pork 
which  we  can  raise,  and  who  would  be  glad  to  do  so  if  we 
would  give  them  a  chance.  We  want  hungry  customers. 
We  do  not  want  a  few  fat  monopolists.  If  the  farmers  all 
over  the  world  were  to  take  the  Dodge  advice  and  to  raise 
only  half  crops  they  would  starve  the  rest  of  the  world 
and  would  kill  off  their  only  customers.  If  by  any  such 
act  of  monstrous  cruelty,  they  could  get  $2  a  bushel  for  a 
single  year,  they  would  only  get  25  cents  for  corn  the  next 
year;  and  meantime  they  would  stop  the  production  of  the 
very  things  which  they  want  to  get  with  their  money. 
Money  is  of  no  use  to  them  unless  they  can  get  the  com- 
forts of  life  with  it;  and  if  they  starve  people  who  make 
for  the  farmers  the  things  which  they  need,  they  would  kill 
the  goose  which  lays  the  golden  egg. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  511 

FREE   TRADE. 

Europe  could  easily  send  us,  every  year,  at  least  $500,000,- 
000  worth  of  the  very  things  which  farmers  want:  and  we 
should  pay  for  these  things  principally  in  wheat,  corn  and 
cotton,  beef  and  pork. 

Strike  down  the  bars  which  keep  out  $500,000,000  of  Eu- 
ropean products,  and  you  would,  by  the  same  blow,  strike 
down  the  bars  which  keep  in  $500,000,000  worth  of  American 
farm  products,  which  force  back  our  own  wheat  and  corn 
upon  us,  choke  up  our  markets  and  compel  us  to  leave 
wheat  to  rot  on  the  ground,  and  corn  to  burn  for  fuel.  A 
deep  cut  in  the  tariff  would  enable  our  American  farmers 
to  sell  all  which  they  now  raise,  at  prices  50  per  cent  higher; 
and  the  total  abolition  of  the  tariff  wTould  give  to  every 
farmer  100  per  cent  more  in  exchange  for  his  products 
than  he  now  receives. 

BOLD    REMEDY. 

It  is  said  that  if  we  admitted  $500,000,000  worth  of  foreign 
manufactures  we  should  throw  out  of  work  people  who  are 
making  the  same  amount  among"  ourselves.  Suppose  this 
were  true.  Yet  the  farmers  would  be  better  off,  because 
they  would  get  the  $500,000,000  themselves  in  directly  in- 
creased purchases  of  their  products,  while  the  whole  num- 
ber of  people  who  would  be  thrown  out  of  work,  even  if 
American  manufactures  were  reduced  by  this  amount, 
would  be  less  than  30,000.  We  farmers  can  afford  to  main- 
tain those  30,000  men  without  working  and  pay  them  as 
large  wages  as  we  earn  upon  our  farms  and  still  make  a 
good  bargain  off  the  transaction.  As  the  whole  cost  of  this 
would  be  only  $12,000,000,  even  if  they  were  out  of  work  for 
a  year,  and  the  farmers  would  make  a  profit  of  $500,000,000 
by  even  half-way  tariff  reform,  we  could  afford  to  pay  the 
people  handsomely  out  of  it. 

TIN    GOD. 

We  have  the  McKinley  tariff  in  full  force.  The  goods  are 
weighed  by  McKinley  weighers.  The  duties  are  calculated 
by  McKinley  clerks.  The  values  of  imported  goods  are 
decided  by  McKinley  appraisers,  and  the  rates  of  duty  are 
determined  by  McKinley  judges.  The  law  was  made  by 
McKinley,  and  the  men  who  have  interpreted  the  law  and 
ruled  upon  its  meaning  are  all  McKinleyites.  Xo  change  has 
been  made  in  anything  about  the  law  or  its  administration 
by  the  Democrats.  Everything  stands  to-day  just  as  Harri- 
son   and    McKinley    left    it,    with    every    A,meriean    industry 


512  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

protected  and  everybody  in  this  country  guaranteed  tre- 
mendous prosperity  as  the  result  of  taxing  each  other.  Yet 
here  we   are.      [Applause.] 

"Oh,  but,"  say  our  Republican  friends,  "all  the  trouble 
comes  from  the  fear  which  the  Democrats  have  caused. 
We  have  all  gone  to  ruin  because  we  are  so  desperately 
afraid  that  you  are  going  to  ruin  us,  that  we  felt  bound  to 
ruin  ourselves  in  advance,  without  waiting  for  you  to 
do   it." 

A  pretty  kind  of  little  tin  god  on  wheels  is  this  great 
idol  "Protection.-*  Il  is  still  set  uj>  on  its  throne.  The 
laws  and  the  administration  of  the  laws  are  still  in  its 
power,  with  all  the  Republicans  falling  down  flat  upon 
their  faces  before  it.  while  the  surrounding  priests  beat 
the  Harrison  gongs  and  the  McKinley  cymbals.  And  yet, 
in  the  midst  of  all  this  magnificence,  a  few  little  boys 
peep  around  the  corner  and  shout  "free  trade,"  and  in- 
stantly clown  falls  the  great  god  Protection  and  smashes 
to  pieces  not  only  itself,  but  its  prostrate  worshipers.  And 
then  its  worshipers  pick  up  the  pieces  and  say  that  nothing 
but  ruin  could  have  been  expected  so  long  as  little  boys 
will  persist  in  shouting  "free  trade,"  although  free  trade  is 
not  in  sight,  and  everybody  knows  it  is  not  coming. 

Now,  what  is  the  use  of  a  deity  who  tumbles  off  his 
throne  and  smashes  his  worshipers  the  moment  that  any- 
body begins  to  talk?  For  my  part,  I  would  like  to  see 
things  turned  right  around.  Let  us  adopt  free  trade,  and 
we  will  let  all  the  little  boys  in  the  world  bawl  "protec- 
tion" at  the  top  of  their  voices,  without  the  smallest  fear 
that  any  bad  results  would  happen. 

DAWN  OP  DAY. 

We  know  for  certain  that  the  tariff  calls  for  revenue 
in  proportion  to  the  necessities  of  each  man's  family, 
instead  of  in  proportion  to  either  his  income  or  his  ac- 
cumulated wealth.  We  want  to  put  an  end  to  that  system 
and  to  establish  in  taxation,  as  in  everything  else,  the  rule 
of  fairness,  equality,  and  justice. 

The  light  is  dawning,  though  but  dimly;  and  feeble 
though  the  dawn  may  be,  it  gives  hope  and  encourage- 
ment for  the  coming  of  the  day  when  our  statesmen  shall 
see  the  truth  that  the  different  nations  are  only  separate 
groups  of  the-  one  great  brotherhood  of  man.  Let  us 
base  the  law  on  truth,  and  the  truth  will  make  us  free. 
[Applause.] 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVE*.  513 

COINAGE   OF    SILVER    BULLION. 

February  9,  1894,  we  find  Mr.  McKeighan  for  the  third  time 
before  the  House,  on  the  subject  of  silver  as  a  money  metal,  with 
a  severe  logical  analysis,  repeating  nothing  of  former  utterances, 
but  following  Mr.  Bourke  Cochran,  the  voluble  chief  of  Tam- 
many, step  by  step,  through  the  devious  ways  of  a  prolonged 
discussion. 

When  the  river  is  up  and  the  banks  are  overflowed,  the  specta- 
tor, on  the  shore,  powerless  in  the  presence  of  the  majestic  rush, 
is  only  able  to  capture  an  occasional  fragment,  shrub  or  flower, 
as  the  waters  in  turmoil  casts  them  in  view;  so  the  compiler, 
•in  this  case,  can  only  exhibit  a  few  specimens  of  graphic  word 
painting,  piquant  sentences,  and  pungent  epigrams. 

POLITICAL  COURTSHIP. 

Blind  and  indifferent  to  the  behavior  of  our  standard 
money  in  its  domestic  utilities,  the  Administration  be- 
came frantic  lest  poor  Mr.  de  Rothschild  would  have  to 
pay  a  premium  on  our  gold  with  which  to  carry  out  his 
scheme   of  Austrian  plunder. 

Great  party  leaders,  who  only  yesterday  were  waking 
the  echoes  in  the  chambers  of  the  Capitol  with  denuncia- 
tions of  the  crime  of  1S73,  were  fain  to  strike  hands  with 
the  contriver  of  that  iniquity  to  re-Shermanize  our  mone- 
tary system.  Republican  statesmanship,  in  the  person  of 
its  great  financial  leader,  rushed  into  the  arms  of  Democ- 
racy. Two  souls  with  but  a  single  thought  locked  in  lov- 
ing- embrace.  And  where  was  the  vehement  Kentuckian 
and  the  towering  Sycamore?  Forbidding  the  bans  of  that 
unnatural  union?  No!  They  were  gleefully  washing  their 
hands  with  invisible  water,  and  standing  sponsors  of  the 
offspring.  All  this  time,  too,  right  under  our  own  eyes 
the  Tammany  chieftain  was  billing  and  cooing  with  the 
whilom  Czar,  but  now  yielding  to  the  tender  solicitations, 
without  even  a  preliminary  "I'll  ne'er  consent."  And  all 
this  political  prostitution  for  what?  Why,  upon  the  hypo- 
critical pretense  of  carrying  out  the  policy  of  metallic  par- 
ity, and  to  give  the  wage-earner  the  "best  money  in  the 
world."  What  drivel!  One  who  had  lost  all  his  senses  but 
his  sense  of  smell  could  penetrate  that  thin  disguise.  Why, 
during  the  last  four  months  of  this  agonizing  parturition, 
and  up  to  the  day  this  spawn  of  hell  came  to  birth,  wheat 
fell  12  cents  a  bushel  following  the  more  precipitate  fall  of 
34 


-  1  I  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

silver.  Under  the  blight  of  thai  act  dollars  have  become 
.,,  much  "best"  thai  thousands  of  workers  can  get  none 
al  all,  and  those  who  find  employment  are  being  merci- 
lessly CU1  down  in  their  wages  at  a  rate  never  before  ex- 
perienced in  our  history;   and  the  deadly  work  still  goes  on. 

HEARTLESS    POLICY. 

You  have  legislated  against  the  interest  of  those  engaged 
in  agriculture,  even  to  the  extent  of  standing  on  the  floor 
of  this  House  and  acknowledging  that  you  will  depend 
for  your  gold  supply,  to  keep  up  your  single  gold-standard 
system,  by  compelling  that  class  to  which  I  belong  to 
make  sacrifices  in  order  to  enable  you  to  get  the  gold.  I 
state  to  you  people  of  the  East,  that  I  would  force  your 
commodities  into  competition  with  the  lowest  possible 
labor  of  this  earth,  as  you  propose  to  force  ours.  I  would 
strike  down,  if  I  had  it  in  my  power,  every  particle  of  tariff 
legislation  and  give  3011  people   a   dose  of  your  own  medi- 


cine 


VALUE   OF   A   DOLLAR. 


The  gentleman  claims  that  the  silver  dollar  by  being 
cut  down  45  cents  under  free  coinage,  the  Avages  of  labor 
will  be  cut  down  so  much  on  every  dollar  paid;  that  is  to 
say,  that  each  one  of  these  55-cent  dollars  would  buy  and 
pay  for  "100  cents  worth  of  labor."  Why,  my  impetuous 
and  bemuddled  friend,  please  stop  and  think  a  moment 
and  see  how  in  the  same  sentence  in  which  you  affirm  a 
debasement  in  the  silver  dollar,  you  show  that  none  at  all 
has  taken  place  in  the  case  supposed,  for  it  still  buys  100 
cents  worth  of  labor.  The  value  of  a  dollar  no  matter 
how  constituted  can  only  be  learned  by  observing  what  it 
actually  does  in  buying  in  the  open  market,  and  here  you 
are  affirming  it  to  be  a  100-cent  dollar  in  payment  for 
labor,  the  only  thing  you  estimate  it  in,  yet  insisting  that 
it  is  only  a  55-cent  dollar;  really  you  blow  hot  and  cold 
in  the  same  breath.  Your  proposition  has  committed  felo 
de  se.  Of  course  such  speech  is  not  intended  to  be  analyzed 
carefully.  But  reducing  the  fallacy-hiding-  nebulosity  to 
definiteness,  we  say  it  is  simply  nonsense  of  the  first  water 
to  affirm  that  a  silver  dollar  is  "really  worth"  only  fifty- 
five  one-hundredths  of  a  gold  dollar  in  the  labor  market 
:iml  at  the  same  instant  is  buying  just  as  much  as  one 
hundred  cents.  Surely  the  applause  reported  in  the  Record, 
as  following  that  rhetorical  nonsense,  must  have  been  de- 
risive. 

Had    my    literary    friend    spent    more    time    upon    those 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  515 

chapters  in  McLeod's  Elements  of  Economics  that  treat 
of  value,  and  reveled  less  in  the  sentimentalities  of  Stella 
and  the  drolleries  of  Gulliver,  his  discourse  might  have 
been   less   ornate,    but    would   have    possessed   more    staple. 

MODERN   DRIVEL. 

It  is  a  singular  kind  of  lust  that  has  taken  possession 
of  our  financial  advisers,  viz.,  an  inordinate  desire  to  sell 
our  mortgages  abroad  and  then  legislate  an  increase  in 
the  value  of  the  money  in  which  they  must  be  paid. 

The  implication  that  the  closure  of  the  factory  is  due 
to  a  fear  lest  the  proprietor  would  have  to  pay  his  help 
in  fewer  and  cheaper  dollars  is  humorous.  The  gentleman 
has  learned  his  economics  in  the  same  school  with  the 
President.  They  seem  to  think  that  cheap  money  and  low 
prices  go  together.  Bray  that  foolishness  to  powder  in  a 
mortar  with  a  pestle  times  seventy  times  seven,  yet  will 
its  minions  knead  it  into  shape  again  for  service  in  their 
campaign  of  imposture. 

When  the  matron  of  our  home  begins  to  be  anxious  lest 
she  lose  the  "confidence"  of  an  alien  suitor,  and  gets  am- 
bitious for  a  meretricious  "honor  abroad,"  it  bodes  ill  for 
her  self-respect  and  honor  at  home. 

It  is  but  the  piteous  whine  of  toadyism,  this  prediction 
that  we  shall  be  "out  of  harmony"  with  England  if  we 
adopt  an  American  monetary  system  and  use  the  product 
of  our  own  mines  for  our  money  instead  of  borrowing  her 
gold.  Rather  let  us  say  England's  finances  will  be  out  of 
harmony  with  ours,  if  so  be  that  free  coinage  here  fails  in 
forcing  gold  back  to  its  old  normal  relation  to  silver  and 
products. 

The  beautiful  conclusion  might  properly  have  stood  as  the 
headline  and  caption  of  the  speech: 

Let  that  flag,  whose  glory  has  never  been  dimmed  on  land 
or  sea,  never  become  the  ensign  of  a  people  bereft  of  vision 
and  doomed  to  grind  in  the  mills  of  the  Philistines,  foreign 
or  domestic;  rather  let  its  ample  folds  float  over  a  nation, 
the  voice  of  whose  humblest  citizen  is  heard  in  its  leerisla- 
tive  halls,  and  whose  high  mission  it  is  to  lighten  the  bur- 
dens of  the  heavy  laden,  break  the  oppressor's  power, 
thwart  the  machinations  of  the  crafty,  g-ive  to  useful  labor 
its  due  reward  and  secure  the  blessings  of  industrial  free- 
dom to  us  and  to  our  children  forever. 


."HI  NKI'.UASKA    STATE    HISTORICAL    SOCIETY. 

EXIT. 

A.S  the  fourth  and  final  year  of  his  service  was  coming  to  an 
end,  the  familiar  themes  of  currency  again  challenged  attention, 
upon  a  bill  to  retire  the  greenback  currency,  and  the  silver 
treasury  notes,  and  substitute  interest-bearing  bonds  in  their 
stead. 

In  the  light  of  previous  discussions  he  was  fortunate  in  a 
valedictory  theme,  in  which  justice  was  meted  out  to  the  leeches 
of  the  treasury,  and  domestic  and  foreign  manipulators  of  banks 
and  bonds,  and  which  was  crowned  with  an  appropriate  climax. 

Mr.  Chairman — Perhaps  for  the  last  time  on  this  floor,  I 
again  appeal  to  you  of  the  majority,  and  you  of  the  mi- 
nority, to  consider  the  present  condition  of  the  industrial 
interests  of  this  country. 

It  has  been  the  ambition  of  my  life  to  live  and  see  the 
time  when  just  and  righteous  laws  would  rule,  and  when 
millions  would  be  spent  to  enlighten  the  world  where 
millions  are  now  spent  for  sword,  bayonets,  cannon,  and 
battle-ships  to  kill  and  destroy  thousands  of  God's  creat- 
ures in  order  that  a  favored  few  may  wear  the  mantle  of 
wealth  and  ride  roughshod  over  the  rights  of  the  many. 
Let  us  build  more  schools  and  fewer  forts.  Let  us  lead  the 
world  in  that  grand  policy  inaugurated  by  Him  who  taught 
us  that  we  are  "our  brother's  keeper."  This  policy  will 
make  us  a  prosperous  and  happy  people.  It  is  the  only 
true  path  to  national  greatness.  Shall  we  abandon  this 
great  highway  of  national  honor,  national  prosperity,  and 
national  greatness  for  the  one  pointed  out  to  us  by  those 
who   seek  to — 

"Reap  where  they  have  not  sown 
And  gather  where  they  have  not  strewn?" 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  517 


HON.  O.  M.  KEM. 

March  4th,   1891— March.  4th,   1897. 

When  Omer  Madison  Kern,  at  the  age  of  twenty-seven  years, 
landed  in  the  vicinity  of  Broken  Bow,  Custer  County,  Nebraska, 
March,  1882,  excavated  a  dug-out  and  settled  upon  a  homestead, 
his  ambition  was  to  own  and  cultivate  a  better  farm  than  was 
his  Indiana  home.  His  history  was  written  in  a  few  words: 
''brought  up  on  a  farm  and  received  a  common  school  education."1 
Amidst  privations  and  discouragements  he  held  his  steady  way 
for  eight  years,  until  in  1890  he  removed  to  the  county  seat,  in 
order  to  assume  the  duties  of  Deputy  County  Treasurer.  Ordi- 
narily it  required  all  the  arithmetical  skill  of  "a  common  school 
education"  to  ascertain  the  amount  of  salary  due,  where  lands 
were  not  yet  subject  to  taxation,  the  personal  property  valueless, 
and  the  impecunious  emigrant  unable  to  pay.  The  excited  imag- 
ination of  the  pioneer  told  of  the  trembling  of  the  earth  when 
the  wild  buffalo  herd  swept  by,  or  the  earthquake  telegraphed 
its  arrival,  or  the  cyclone  moved  to  the  music  of  thunder;  but 
Mr.  Kern  lost  all  interest  in  such  fictions  after  the  political 
ground-swell  of  1890.  In  that  year  he  was  nominated  for  Con- 
gress by  the  People's  Party,  against  the  Hon.  G.  W.  E.  Dorsey, 
then  a  Republican  member,  receiving  6,391  votes  of  a  plurality, 
while  22,353  were  cast  for  W.  H.  Thompson,  Democrat. 

If  the  whole  opposition  vote  had  been  cast  for  Mr.  Kem,  as  it 
might  have  been,  his  majority  would  have  been  28,944. 

On  tariff  reform,  coinage  of  silver,  issue  of  greenback  cur- 
rency and  other  prevailing  questions,  in  the  52nd  Congress, 
there  was  a  close  co-operation  among  the  Nebraska  delegation 
composed  of  one  Democrat  and  two  Populists;  showing  plainly 
that  their  line  of  separation  involved  "a  distinction  without  a 
difference."  In  the  sixth  month  after  he  took  the  oath  of  office 
in  Congress,  a  question  of  irrigation  being  up  for  discussion,  in 
which  a  portion  of  his  constituents  were  deeply  interested,  he 


518  NEBRASKA    STATE    HISTORICAL   SOCIETY. 

came  to  the  front  with  a  plea  for  Western  Nebraska,  clear,  dis- 
tinct, intelligent,  in  manner  modest,  but  firm  and  ready  for  any 
emergency. 

GREAT  STEALS  COVERED   UP. 

At  the  very  threshold  of  discussion  he  repudiated  the  mode  of 
crowding  appropriation  bills  to  immense  proportions,  under  the 
plea  that  each  item  was  a  paltry  sum: 

Time  and  again  have  I  heard  the  point  urged  on  the 
floor  of  this  House  in  favor  of  an  appropriation,  that  it  was 
small  and  ought  to  meet  with  no  objection.  Particularly 
was  this  true  of  the  appropriation  asked  for  the  Russian 
sufferers,  and  when  it  was  refused  a  great  cry  went  up 
from  a  certain  class  of  newspapers,  and  we  were  accused 
of  the  sin  of  refusing  to  donate  to  suffering  humanity  the 
paltry  sum  of  $100,000. 

Let  me  remind  these  gentlemen  that  it  was  the  appro- 
priation of  these  paltry  sums  of  ten,  fifty,  and  one  hun- 
dred thousand  dollars,  here  and  there,  gathered  together, 
that  brought  the  last  Congress  up  to  the  billion-dollar 
point,  and  the  wrath  of  the  people  down  upon  those  re- 
sponsible. The  argument  favoring  an  appropriation  be- 
cause it  is  small  is  not  the  argument  of  a  statesman, 
neither  is  it  worthy  the  consideration  of  such,  other  than 
Avith  feelings  of  the  greatest  contempt. 

There  seems  to  be  a  well-settled  conviction  among  the 
people  that  each  session  of  Congress  appropriates  vast  sums 
of  money  that  amount  to  but  little  less  than  an  actual 
theft  of  their  substance,  and  but  a  few  days  since  a  mem- 
ber who  has  been  on  this  floor  for  years  said  to  me  that  he 
had  never  voted  for  a  river  and  harbor  bill  because  of  the 
great  steals  embodied  therein.  This  evil  is  looked  upon  by 
all  with  too  great  indifference  and  as  unavoidable  in  pro- 
curing the  appropriations  necessary. 

PEN  PORTRAIT  OF  SETTLERS. 

The  portraiture  of  the  constituency  for  whom  Mr.  Kern  asked 
justice,  was  executed  by  an  artist,  inspired  with  sympathy  and 
painting  from  nature. 

Mr.  Kem:  Over  this  territory  are  scattered  to-day  hun- 
dreds of  thousands  of  as  good  citizens  as  you  will  find  any- 
where; men  and  women  advanced  in  years,  who  know  by 
experience  the  cost  of  citizenship  when  blood  was  the  price 
paid;   men  and  women  of  middle  age,  who  are  earnestly  en- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  519 

deavoring  to  repair  hi  some  little  degree  their  impaired 
fortunes,  and  estahlish  a  horue  they  can  call  their  own. 
where  their  declining-  years  may  be  passed  in  peace,  free 
from  the  demands  of  the  landlord  or  rent-gatherer;  young 
men  and  women,  full  of  hope,  courage,  and  energy,  strik- 
ing sturdj'  blows  to  subdue  the  virgin  soil  and  prepare  the 
way  for  coming  generations.  These  comprise  the  class  of 
citizens  in  whose  interest  these  amendments  will  be  offered, 
that  we  hope  may  result  in  the  work  being  done,  that  will 
be  followed  by  the  establishment  of  a  system  of  irrigation 
which  in  time  will  give  to  the  people  a  supply  of  water, 
under  their  own  control,  free  from  the  manipulations  of 
corporation  or  trust. 

The  appropriation  we  ask  for  is  preliminary  to,  and 
affects  a  problem,  upon  the  proper  solution  of  which  the 
prosperity  and  welfare  not  only  of  thousands  of  our  own 
generation,  but  millions  of  those  to  follow  rests.  The  water 
necessary  to  irrigation,  like  every  other  necessity  of  the 
people,  is  fast  passing  under  the  control  of  corporations, 
and  if  not  checked  in  a  short  time  the  water  supply  of  the 
West  will  be  completely  in  the  hands  of  a  few  individuals 
and  the  millions  will  be  at  their  mercy,  for  he  who  con- 
trols that  supply  is  monarch  of  all  he  surveys,  and  the 
people  will  be  compelled  to  pay  him  whatsoever  avarice  and 
greed  may  dictate. 

INJUSTICE   TO   EMIGRANTS. 

Mr,.  Kem:  Mr.  Chairman,  the  gentleman  from  Indiana 
(Mr.  Holman)  says  that  this  work  of  irrigation  is  going  on 
well  enough.  I  beg  leave  to  differ  with  him  on  that  point. 
The  fact  is  that  over  a  great  portion  of  the  territory  men- 
tioned in  this  amendment  nothing  has  been  or  is  being 
done.  There  are  thousands  of  citizens  who  have  entered 
their  lands  in  good  faith,  believing,  as  they  had  a  right  to 
believe,  that  they  were  within  the  rain  belt,  that  there 
would  be  sufficient  rainfall  for  the  purposes  of  agriculture. 
They  were  justified  in  so  believing  because  these  lands  were 
opened  for  settlement  under  the  homestead,  pre-emption, 
and  timber-culture  laws.  If  there  was  not  sufficient  rainfall 
for  agricultural  purposes  they  ought  to  have  been  opened 
under  the  desert-land  law. 

I  say  those  settlers  have  gone  in  there  in  good  faith,  and 
the  amendment  offered  is  to  do  justice  to  as  good  a  class 
of  people  as  you  will  find  on  God's  footstool.  I  make  no 
exceptions  whatever.  They  are  industrious,  sober,  hard- 
working, economical  people,  and  are  earnestly  endeavoring 


520  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

to  establish  for  themselves  homes  and  have  paid  millions  to 
the  Government  for  the  privilege  of  so  doing-.  I  have  here 
a  letter  from  the  Commissioner  of  Public  Lands,  which 
•rives  some  idea  as  to  the  amount  of  money  that  these  peo- 
ple  have   paid   into  the  Treasury  of  the  United  States. 

The  letter  gave  about  $300,00(1.(100  drawn  from  the  settlers  of 
the  region  in  question,  during  twenty-three  years.  Mr.  Kem 
continued : 

Now  in  all  this  work,  covering  a  period  of  twenty-three 
years,  there  has  been  expended  of  this  vast  sum  but  $3,- 
900,000,  and  about  half  of  that  in  the  Eastern  States,  as  the 
map  will  show.  These  settlers  have  found  by  sad  experi- 
ence the  rainfall  to  be  insufficient,  but  have  been  hanging 
on.  as  it  were,  by  the  eyebrows  year  after  year,  hoping  that 
each  successive  year  would  prove  better  than  those  pre- 
ceding. 

Now.  I  wish  to  say,  in  answer  to  the  question  of  the 
gentleman  from  Mississippi,  that  it  would  be  nothing  more 
than  fair  and  just  if  every  dollar  that  has  been  paid  into 
the  public  treasury  in  the  manner  I  have  referred  to,  ex- 
cept the  amount  necessary  for  filing  fees,  was  used  for 
the  purpose  of  establishing  irrigation  systems  that  would 
supply  the  want  of  rainfall  to  these  people  on  the  lands 
upon  which  they  have  settled,  and  thus  place  these  lands 
on  an  equality  with  other  lands,  opened  under  the  same 
provisions,  which  are  embraced  within  the  rain  belt. 

And  I  say,  sir,  that  the  homestead  law  will  never  be  ful- 
filled until  this  provision  has  been  made.  But  all  we  ask 
here  is  that  $60,000  of  this  appropriation  shall  be  used  in  a 
certain  territory  that  heretofore  has  been  almost  wholly 
and  totally  neglected  in  this  work.  By  referring  to  the 
map  it  will  be  seen  clearly  where  the  work  has  been  done, 
and  you  will  find  that  the  territory  mentioned  in  that 
amendment  has  been  almost  entirely  neglected  in  the  past. 
We  only  ask  now  that  this  sum  be  used  in  the  manner 
proposed  within  the  territory  indicated,  and  which  has  been 
so  grossly  neglected  in  past  years. 

I  say  that  if  you  will  give  us  one-tenth  of  the  amount 
which  you  have  received  in  the  way  of  appropriations  as  a 
protection  to  your  people  from  overflow,  and  benefits  that 
you  have  derived  by  appropriations  for  the  improvement  of 
your  rivers  and  harbors,  we  will  be  willing  to  compromise 
on  that.  You  have  had  vast  sums  for  improving  your 
rivers,  for  building  levees  of  the  Mississippi  River  to  pro- 
ted    your   lands  liable   to   inundation. 


MEMBERS    OP    TJ.  S.  HOUSE    OF    REPRESENTATIVES.  521 

Now,  I  want  to  say,  Mr.  Chairman,  it  does  seem  to  me 
that  every  time  there  is  a  motion  made  or  a  step  taken  in 
this  House  for  the  purpose  of  aiding-  or  helping-  in  any  way 
the  farming  class  of  our  country,  there  is  a  constitutional 
or  some  other  kind  of  objection  raised  against  it.  It  seems 
to  me,  sir,  that  there  is  a  combination  in  this  House  against 
the  Western  wealth-producer.  T  do  not  make  the  charge 
as  true,  but  I  say  it  seems  to  be  true.  And  yet  this  amend- 
ment is  offered  in  the  interest  of  a  class  of  people  that  feed 
the  world,  and  on  whose  shoulders  this  Government  rests 
and  without  them  it  could  not  exist  six  months.    [Applause.] 

ELECTION   OF   PRESIDENT  BY  THE  PEOPLE. 

Near  the  close  of  the  1st  Session  of  the  52nd  Congress,  he  ap- 
peared in  advocacy  of  the  election  of  U.  S.  Senators  by  direct 
vote  of  the  people. 

In  this  speech,  quite  elaborate  and  carefully  prepared,  was  set 
forth  necessity  for  a  change,  inasmuch  as  the  fathers  adapted 
the  constitution  to  the  prevailing  condition  of  their  day,  pro- 
vided for  amendments  as  progress  and  experience  should  dictate. 
In  reply  to  the  conservative  cry  ''Let  well  enough  alone,"  he 
responded:  "Nothing  is  well  enough  that  can  be  made  better, 
and  he  who  conforms  to  the  idea  of  well  enough,  has  not  only 
ceased  to  advance  but  has  actually  turned  the  wheels  of  progress 
backward.'"    In  his  introduction  he  said: 

The  disposition  of  man  to  take  advantage  of  the  mis- 
fortunes and  prey  upon  the  weakness  of  his  fellow  man 
made  government  a  necessity.  Since  the  day  our  first  par- 
ents were  driven  from  Eden,  this  disposition  of  one  man  to 
steal  from  another  his  birthright  has  followed  the  human 
race  like  a  curse;  it  is  the  underlying  principle  that  has  de- 
moralized and  destroyed  every  government  that  has  gone 
down  in  past  ages,  and  will  destroy  every  government  now 
existing,  unless  carefully  guarded  against  by  wise,  just,  and 
wholesome   laws,   righteously   administered.  N 

Man's  greatest  enemy  is  man,  and  I  know  of  nothing 
against  which  he  needs  protection  so  much  as  against  his 
fellow-men.  This  is  not  a  new  thought,  but  is  as  old  as 
history,  and  every  government  that  has  and  does  exist,  was 
and  is  a  monument  to  its  truth;  and  it  is  evident  to  my 
mind  that  the  fathers  of  our  own  government  realized  this 
with   perhaps   greater   force   than   we   do;    the    evidence   of 


522  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

which  appears  in  the  following  words  of  the  preamble  to  the 
qs1  itution:  "We,  the  people  of  the  United  States,  in  order 
to  l'«>rm  a  more  perfect  union,  establish  justice."  Let  us 
pause  here  for  a  moment  to  consider  the  significance  of 
these  words,  "form  a  union  to  establish  justice."  It  signi- 
fies, sir,  that  Justice  had  been  dethroned  and  the  time 
.ome  when  it  was  absolutely  necessary  for  the  people  to 
unite  and  raise  her  up.  that  domestic  tranquility  might  pre- 
vail, the  common  defense  be  provided  for,  the  general  wel- 
fare promoted,  and  the  blessings  of  liberty  secured  not 
only  to  themselves  but  to  their  posterity. 

FEARS    OF   THE    FATHERS. 

He  fancied  the  fathers  doubted  the  ability  of  the  people  to 
govern  themselves  unless  aided  with  checks  and  balances. 

Mr.  Kem:  This  fear  manifests  itself  perhaps  with  no 
greater  force  than  in  the  provisions  for  electing  the  Presi- 
dent of  the  United  States,  which  has  at  different  times  in 
the  history  of  our  country  resulted  in  defeating  the  popular 
will  by  placing  in  the  executive  chair  a  man  whom  the  ma- 
jority did  not  want  and  for  Whom  thej'  did  not  vote,  thus 
defeating  the  very  principles  sought  to  be  maintained. 

In  1876  the  American  people  were  brought  to  see  the  dan- 
ger of  an  electoral  sjstem,  which  made  it  necessary  to  pro- 
vide an  Electoral  Commission  in  order  to  preserve  the  peace, 
and  that  placed  the  judges  of  the  Supreme  Court  in  a  posi- 
tion that  caused  many  people  to  feel  that  the  decision  ren- 
dered was  not  free  from  party  prejudice.  Mr.  Chairman,  if 
I  had  the  power  I  would  go  much  farther  than  this  resolu- 
tion seeks  to  go;  I  would  remedy  this  defect  in  the  Consti- 
tution in  order  to  guard  the  people  against  the  dangers  that 
threatened  the  peace  and  safety  of  the  Republic  during  the 
continuation  of  the  electoral  contest  referred  to,  by  making 
the  President  elective  by  the  popular  vote.  I  would  allow 
no  middle  man,  as  member  of  an  electoral  college,  to  stand 
between  the  people  and  the  consummation  of  their  desires 
as  expressed  at  the  polls  and  defeat  the  popular  will,  as  they 
have  done  in  the  past.  The  evil  of  this  defect  is  so  appar- 
ent and  the  necessity  for  a  remedy  so  plain  that  all  sickly 
sentimentality  should  be  thrust  aside  and  a  fair  amount 
of  American  common  sense  applied  to  the  blotting  out  of 
this  remnant  of  British  monarchical  misrule. 

Turning  attention  to  a  speech  of  Senator  Chandler,  of  New 
ll.iuipsliire,  who  said  such  a  change  would  produce  a  "Federal 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  523 

election  law,"  he  contended  that  Senators1  elections  could  be  as 
easily  effected  by  the  states  as  the  election  of  members  of  the 
House  was  at  the  present  time.  As  to  the  charge  that  bribery 
could  exist  in  a  nominating  convention  as  easily  as  in  a  state 
legislature,  he  contended  that  the  people  at  the  polls  had  a 
chance  to  reject  a  nominee,  but  none  as  to  a  bribe-elected  Sena- 
tor of  a  legislature. 

He  met  the  argument  that  men  of  wealth  could  secure  nomi- 
nations by  the  answer  that  if  they  were  desired  there  would  be 
no  bar  to  their  election,  but  the  will  of  the  people  would  be 
supreme.  In  one  terse  epigrammatic  sentence  he  said:  "No 
man  should  be  allowed  to  sit  as  a  representative  of  the  people 
whom  for  any  reason  they  do  not  want.'' 

Of  historic  views  on  the  subject,  he  instanced  those  of  Senator 
Benton,  of  Missouri,  previous  to  1850: 

Mr.  Benton  held  as  fundamental  truth  to  which  there 
was  no  exception,  "that  liberty  would  be  ruined  by  provid- 
ing any  kind  of  substitute  for  popular  election";  asserting 
that  all  elections  would  degenerate  into  fraud  and  violence 
as  the  result  of  intermediate  elective  bodies.  He  showed  fur- 
ther that  it  was  the  law  of  the  few  to  disregard  the  will  of 
the  many  when  they  got  power  into  their  hands,  and  that 
liberty  had  been  destroyed  whenever  intermediate  bodies 
obtained  the  direction  of  the  popular  will;  he  reasoned  both 
from  history,  the  philosophy  of  government,  and  the  na- 
ture of  man,  and  referred  to  the  period  of  direct  voting 
in  Greece  and  Rome  as  the  "grand  and  glorious  periods  of 
popular  government,"  when  the  people  were  more  pros- 
perous than  at  any  other  period  in  the  history  of  those 
governments,  and  wound  up  with  these  words: 

"I  believe  in  the  capacity  of  the  people  for  self-govern- 
ment, but  they  must  have  fair  play,  fair  play  at  the  elec- 
tions on  which   all  depends." 

VIEWS    OF    MR.    MADISON. 

The  question  of  universal  suffrage  was  discussed  long  and 
earnestly  in  the  Federal  convention,  and  the  present 
method  of  electing'  United  States  Senators  was  a  com- 
promise between  the  two  extremes,  one  side  holding  for 
direct  popular  suffrage  without  any  restrictions,  and  the 
other  contending  for  a  property  qualification. 

Mr.  Madison,  in  commenting  on  the  above  situation,  held 


524  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

that  while  at  thai  time  a  majority  of  the  Nation  were  free- 
holders, that  the  time  would  come  when  the  majority  would 
be  without  landed  or  other  equivalent  property,  and  called 
attention  to  the  danger  of  property  holders  allowing  that 
kind  of  a  majority  unrestricted  suffrage.  Mr.  Madison's  pre- 
diction as  to  the  diminution  of  numbers  of  property  holders 
of  the  Nation  is  only  too  true,  and  becoming  more  appar- 
ent every  day,  but  he  in  his  reasoning  did  not  seem  to  grasp 
the  idea  that  legislation  would  or  could  have  anything  to 
do  with  bringing  about  this  result  or  that  restricting  the 
popular  franchise  would  or  could  in  any  degree  be  respon- 
sible for  the  aggregation  of  the  property  of  the  country  in 
the  hands  of  the  few.  Nevertheless,  we  are  firmly  con- 
vinced that  if  it  had  not  been  for  the  legislation  that  gave 
191,000,000  acres  of  the  people's  land  to  the  railroad  cor- 
porations more  of  the  people  would  have  homes;  if  it  had 
not  been  for  the  wicked,  vicious  financial  legislation  in  the 
last  twenty-five  years  more  people  would  own  the  property 
of  our  country.  If  it  was  not  for  the  unjust  tariff  laws  of 
the  past  and  present  by  which  certain  classes  engaged  in 
certain  occupations  are  guaranteed  a  profit  while  all  other 
classes  have  not  only  to  run  their  chances  on  profits,  but 
must  also  pay  the  other  fellows'  profits  there  would  un- 
doubtedly  be  more  property   owners. 

INCOME    TAX. 

During  the  first  regular  session  of  the  53rd  Congress,  January 
31,  1894,  Mr.  Kem  delivered  a  speech  with  the  following  affirma- 
tions: That  by  repeal  of  the  income-tax  law  in  1873,  $640,000,000 
worth  of  property  escaped  taxation;  that  the  People's  Party 
platform  in  1892  declared  for  a  graduated  tax  on  incomes,  in- 
(  reasing  as  they  grew  larger;  that  he  accepted  the  provisions 
of  the  Wilson  bill  as  an  "improvement  on  the  present  iniquitous 
system";  that  "under  the  present  system  the  wealthier  men  be- 
came, the  less  tax  they  pay  in  proportion  to  their  ability";  that 
the  old  law,  from  1863  to  1873,  furnished  in  taxes  $347,220,807, 
of  which  Nebraska  paid  $244,593;  that  these  collections  were 
made  "during  a  period  when  colossal  fortunes  were  a  rarity  and 
millionaires  a  curiosity";  that  $100,000,000  could  be  raised  easier 
now  than  $31,000,000  thirty  years  ago ;  that  31,500  persons  own 
more  tlian  one-half  of  the  total  wealth  of  the  country;  that  the 
bill    will    reach  aristocratic   foreigners   doing   business   in   this 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  525 

country,  and  that  the  enemies  of  the  measure, — "and  I  love  it 
for  the  enemies  it  has  made," — are  the  organs  of  "anti-silver," 
and  "on  this  floor  it  is  opposed  by  that  class  of  Republicans 
and  Democrats  who,  in  the  recent  fight  for  the  people's  money, 
gave  us  the  unprecedented  spectacle  of  Cleveland  Democrats 
and  Cleveland  Republicans  standing  side  by  side,  as  'two  souls 
with  but  a  single  thought,  two  hearts  that  beat  as  one.' ' 

To  the  charge  that  the  law  would  lead  to  perjury,  he  replied: 

The  individual  who  is  only  waiting  for  an  opportunity  to 
perjure  himself  is  already  a  perjurer,  and  his  morals  can 
not  be  corrupted. 

The  whole  principle  of  taxation  means  search  and  inquiry. 

The  opposition  has  claimed  that  the  South  would  only 
pay  3  per  cent  of  their  tax.  If  so  it  is  because  the  South 
has  but  3  per  cent  of  the  taxable  incomes. 

The  above  statement  proves  the  truth  of  the  claim  so 
often  made  by  the  Populists,  that  the  Northeastern  states, 
•  through  class  legislation,  have  gathered  in  about  all  of 
the  surplus  wealth  the  balance  of  the  country  has  created. 
Therefore  they  are  able  to.  and  ought,  to  pay  a  greater 
part  of  this  tax.  The  man  who  undertakes  to-day  for  such 
a  reason  to   arouse   sectional   hatred  is  an  enemy  to   g-ood 


government. 


MONOPOLY. 


In  a  speech  delivered  March  9,  1894,  Mr.  Kem,  denouncing  the 
"Washington  Gas-light  Company,"  proclaimed  his  theory  of 
monopoly: 

Mr.  Chairman,  I  believe  in  the  principle,  and  have  ad- 
vocated it  before  my  people,  that  it  is  the  duty  of  govern- 
ment to  see,  so  far  as  it  is  possible,  that  no  corporation  or 
combination  of  men  shall  control  any  of  the  necessities  of 
the  people;  for  it  is  evident  that,  when  such  conditions 
exist,  the  party  or  the  power  having  control  of  such  necessi- 
ties will  also  have  the  power  to  extort  for  those  necessities 
more  than  the  people  ought  to  pay  as  a  matter  of  justice 
and  equity. 

Therefore,  Mr.  Chairman,  1  believe  each  municipality 
should  control  these  necessities,  such  as  local  transporta- 
tion of  freight,  humanity,  or  intelligence,  water  systems, 
and  lighting  plants,  by  its  own  municipal  government.  I 
believe  in  forming  a  monopoly  of  all  the  people  to  con- 
trol the   necessities   of   all   the   people   for   the   sole   benefit 


."LMi  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

of  all  the  people  of  each  municipality.  And  in  cases  where 
these  uecessities  arc  national,  affecting  the  interests  of 
the  whole  people,  I  believe  it  is  the  duty  of  the  National 
Governmenl  to  take  control  of  them  in  the  interest  of  all 
the    people. 

\  municipal  or  national  monopoly  for  the  purpose  of  con- 
trolling any  of  the  necessities  of  the  people,  in  which  all 
the  people  are  partners  and  alike  reap  the  benefits,  is  always 
right;  but  a  monopoly  of  any  such  necessity  by  a  few  pri- 
vate individuals  for  private  gain  is  always  wrong,  and  should 
cease.  Congress  should  never  again  grant  a  charter,  fran- 
chise, or  subsidy  to  any  individual  or  corporation  through 
which  public  necessities  may  be  controlled. 

As  the  first  regular  session  of  53rd  Congress  was  coming  to  a 
close  Mr.  Kem  prepared  a  speech  upon  irrigation,  from  the 
standpoint  of  a  progressive  Populist. 

ITS  IMPORTANCE. 

The  work  of  redeeming  these  arid  wastes  through  a  sys- 
tem of  irrigation  is  more  gigantic  and  fraught  with  greater 
good  to  humanity  than  any  work  ever  undertaken  in  this 
country.  It  is  so  colossal  both  in  size  and  benefits  that  the 
mind  of  man  can  scarcely  comprehend  it,  and  no  power  on 
earth  can  successfully  grapple  with  it,  except  that  of  the 
whole  people  combined  operating  through  the  National 
Government.  But  this  power  can  solve  the  problem  success- 
fully, cause  this  desert  to  blossom  as  the  rose,  and  dot  its 
hillsides  and  valleys  with  prosperous,  happy  homes. 

ITS   MAGNITUDE. 

Nearly  one-half  the  total  area  of  the  United  States  lies 
in  the  arid  and  subhumid  district,  all  of  which  needs  irriga- 
tion for  successful  agriculture.  The  district  is  composed  of 
the  following  seventeen  states  and  territories:  North  Da- 
kota, South  Dakota,  Nebraska,  Kansas,  Indian  Territory, 
Texas,  Montana,  Wyoming,  Colorado,  New  Mexico,  Idaho, 
Utah,  Nevada,  Arizona,  Washington,  Oregon,  and  California. 
Narrow  strips  on  the  eastern  and  western  borders  of  this 
great  district  are  well  watered  naturally.  Contiguous  to 
these  strips  are  considerable  tracts  that  are  classed  as 
subhumid.  The  rainfall  in  these  tracts  is  often  sufficient 
to  produce  good  crops,  but  it  can  not  be  depended  on  year 
after  year.  This  subhumid  region  includes  about  half  of 
the  Dakotas,  Nebraska,  Kansas,  Indian  Territory,  and 
Texas. 


MEMBERS    OP    U.  S.  HOUSE    OF    REPRESENTATIVES.  527 

This  arid  and  subhumid  region  contains  about  2,000,000 
square  miles  of  territory,  or  1,280,000,000  acres,  100,000,000 
acres  of  which  may  be  irrigated  in  time.  This  at  a  fair 
estimate  gives  ample  room  for  1,250,000  rural  homes,  shel- 
tering an  agricTiltural  population  of  6.250,000.  Along  with 
these  will  come  other  millions  to  engage  in  various  trades 
and  professions.  Just  as  irrigation  spreads  out  over  this 
vast  region  will  it  become  populated  and  brought  within 
the  pale  of  a  higher  civilization. 

PRIVATE    ENTERPRISE    INSUFFICIENT. 

If  the  work  of  reclaiming-  these  arid  lands  is  left  to  pri- 
vate enterprise  it  will  only  be  accomplished  in  spots,  here 
and  there,  where  the  water  is  most  available.  The  vested 
rights  of  those  private  parties  who  first  enter  the  field  will 
interfere  with  the  rights  of  those  who  may  come  after. 
The  work  will  be  done  under  seventeen  different  sets  of  laws 
in  as  many  different  states.  As  a  result  of  this  a  large 
amount  of  irrigable  land  will  remain  in  a  wild  state.  End- 
less litigation  will  follow.  The  water  supply  will  pass  into 
the  control  of  syndicates.  The  farmer  will  be  robbed,  as 
is  always  the  case  when  his  necessities  are  controlled  by 
others.  And  the  final  outcome  of  the  whole  business  will 
be  that  the  husbandman  will  become  a  tenant  on  his  own 
land,  while  he  turns  over  to  the  attorney  and  water  owner 
everything-  he  makes  for  the  privilege  of  eking  out  a  mis- 
erable existence  in  his  own  home. 

PATERNALISM, 

Mr.  Chairman,  is  a  word  that  has  been  in  great  demand 
ever  since  the  organization  of  the  Populist  Party.  It  has 
been  hurled  at  us  upon  every  occasion  with  a  vim  and  en- 
ergy worthy  of  a  better  cause.  We  are  accused  of  seeking* 
to  establish  a  paternal  government.  Why  should  we  seek 
to  establish  something  we  already  have  in  its  very  worst 
form?  Paternalism  is  just  what  we  are  organized  to  de- 
stroy. 

What  is  paternalism  in  government?  It  is  the  favoritism 
of  the  government  towards  a  few  of  its  citizens  by  which 
they  are  given  special  privileges,  enabling  them  to  control 
the  necessities  of  the  people  and  rob  them.  The  Pacific 
Eailroad  case  just  cited  is  an  example.  This  is  the  govern- 
ment paternalism  of  an  unjust  parent  pure  and  simple. 

But  I  think  it  should  be  called  infernalism,  for  really  that 
is  its  nature.  No  more  paternal  infernalism,  if  you  please. 
We  have  already  had  too  much  of  that  under  Republican 
and  Democratic  rule.     Our  motto  is:     "Equal  rights  to  all 


528  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

and  special  privileges  to  none";  and  we  hope  to  see  the  day 
soon  when  the  present  paternal  form  of  government,  which 
means  the  governmenl  for  the  few  and  the  devil  take  the 
balance,  will  be  changed  to  a  fraternal  form,  which  means 
the  good   of  all. 

In  denouncing  precedents  of  railroad  construction,  special 
protection  and  monopolistic  banking  he  said: 

The  relation  that  should  exist  between  the  Government 
and  the  people  is  not  the  same  which  exists  between  the 
parent  and  his  helpless  infant  or  a  doting  father  and  a 
favorite  son,  in  which  the  father  lavishes  upon  the  son  all 
the  good  things  of  life,  while  his  brothers  and  sisters  go 
hungry  and  ragged.  The  true  relation  is  that  existing 
between  the  members  of  a  fraternal  organization  and  its 
officers,  the  members  contributing  to  the  support  of  the  or- 
ganization according  to  their  several  abilities,  the  officers  in 
turn  enacting  and  executing  the  laws  in  such  a  way  as  to 
give  protection  to  all  alike. 

The  conclusion  of  a  candid  and  searching  speech,  of  which 
these  few-  extracts  give  but  a  faint  idea,  was  not  enthusiastic 
of  immediate  results: 

Mr.  Chairman,  as  above  stated,  I  have  no  hope  of  getting 
any  relief  from  Congress  as  now  constituted.  It  is  almost 
impossible  to  get  even  a  hearing  on  this  matter,  to  say 
nothing  of  action  that  will  accomplish  the  work.  Thous- 
ands of  dollars  are  appropriated  for  monuments  to  dead 
men,  thousands  for  firing  the  sun-down  gun,  millions  to 
build  cannons  so  large  that  it  costs  hundreds  of  dollars  to 
fire  them  once,  and  millions  more  for  the  general  interests 
of  the  East;  but  not  one  cent  for  irrigation,  the  West's 
greatest  interest,  although  we  are  more  than  willing  to 
repay  it. 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  529 


HON.  E.  J.  HAINER. 

March  4th,  1893— March  4th,  1897. 

Eugene  J.  Haiiier,  of  Aurora,  Hamilton  County,  Nebraska, 
was  born  August  16,  1851,  at  Funfkirchen,  Hungary;  emigrated 
to  the  United  States  with  his  parents  in  1854;  the  family,  after 
living  one  year  at  Chicago,  moved  to  the  Hungarian  Colony  at 
New  Buda,  Iowa;  remained  there  until  1857,  when  they  removed 
to  Columbia,  Missouri,  where  they  resided  until  1860,  returning 
again  to  New  Buda;  his  early  boyhood  was  spent  on  his  father's 
farm;  at  the  age  of  15  he  left  home,  working  as  farm  hand  near 
Garden  Grove,  Iowa,  until  1873;  received  his  education  at  Gar- 
den Grove  Seminary  and  Iowa  Agricultural  College,  teaching 
school  during  vacations  to  meet  expenses;  graduated  from  the 
Law  Department,  Simpson  Centenary  College,  Indianola,  Iowa, 
in  1876;  removed  to  Aurora,  Nebraska,  in  1877,  where  he  has 
since  resided  and  engaged  in  the  practice  of  law;  is  interested 
in  banking  and  in  a  line  of  creameries  in  southern  Nebraska; 
was  never  a  candidate  for  an  elective  office  until  elected  to  the 
53rd  Congress  as  a  Republican,  receiving  15,648  votes,  against 
11,486  votes  for  William  H.  Dech,  People's  Independent,  8,988 
votes  for  Victor  Vifquain,  Democrat,  and  1,312  votes  for  J.  P. 
Kettelwell,  Prohibitionist. 

In  1894  he  was  re-elected  to  the  54th  Congress,  receiving 
19,493  votes,  against  15,542  for  W.  L.  Stark,  People's  Independ- 
ent, Silver  Democrat;  2,763  for  S.  S.  Alley,  Democrat,  and  905 
for  C.  M.  Woodward,  Prohibitionist. 

POSTAGE  REDUCTION. 

Entering  upon  the  duties  of  a  Representative,  in  the  53rd 
Congress,  where  this  sketch  leaves  him,  his  business  capacity 
qualified  him  for  successful  work;  and  integrity  of  character 
held  the  confidence  of  his  constituency,  and  gives  abundant 
promise  of  future  success.     Having  introduced  a  bill  to  admit 

35 


530  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

scientific,  educational,  fraternal,  historical,  and  trades  union 
papers  and  periodicals  to  a  lower  grade  of  postage,  and  the  bill 
being  disfavored  by  the  Post  Office  Committee,  at  the  investiga- 
tion of  the  P.  O.  Department,  Mr.  Hainer  was  specially  delighted 
when  a  deluge  of  a  1,000,000  petitioners  demanded  its  passage, 
and  as  an  amendment  to  an  appropriation  bill  it  was  enacted 
into  law. 

TARIFF. 

During  the  second  session  of  the  53rd  Congress,  the  Wilson 
tariff  bill  being  before  the  House,  Mr.  Hainer  delivered  a  care- 
fully prepared  speech  upon  protection  and  free  trade,  without 
attempting  to  discuss  the  minutiae  of  the  bill. 

In  the  introduction  he  made  beautiful  reference  to  his  con- 
stituency: 

I  represent  a  constituency  having  their  homes  in  the 
territorial  center  of  the  United  States.  To  the  east  are  the 
great  manufacturing  and  business  marts  of  the  distributing 
centers.  To  the  west  are  the  great  Kockies  with  their 
wealth  of  ores,  and  semitropical  California.  To  the  north 
are  the  immense  fields  of  wheat  and  oil  and  forests  of  tim- 
ber. To  the  south  are  the  broad  fields  of  cotton,  cane,  and 
rice.  My  people  are  engaged  largely  in  agriculture  and 
the  trades  dependent  upon  that  great  industry.  They  sell 
the  products  of  their  fields  mainly  to  Americans  engaged  in 
manufacturing,  mining,  transportation,  and  in  mercantile 
pursuits.  They  are  excelled  by  no  constituency  in  intelli- 
gence, straightforwardness  of  purpose,  and  loyal  devotion 
to  country.  They  are  not  to  be  deceived  by  words,  be  they 
uttered  with  the  vehemence  of  the  tempest  or  the  easy 
grace  of  the  most  polished  and  suave  orator.  No  smiting  of 
Hie  Congressional  breast,  coupled  with  agonizing  protesta- 
tions of  a  determination  to  "serve  God  and  the  people  re- 
gardless of  party  dictation,"  will  reconcile  them  to  a  meas- 
ure which  strikes  down  the  industrial  independence  and 
interests  of  our  Nation,  cripples  its  markets  and  degrades 
its  labor. 

And  in  his  conclusion,  twined  a  garland  for  his  adopted 
country : 

Mr.    Chairman,    the    supreme    test    of    true    greatness    in 
either  individual  or  nation  is  its   capacity  to  endure  pros- 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  531 

perity.  In  adversity  and  great  trial  America  not  only  re- 
tained her  place  among  the  nations  but  deservedly  gained 
the  unqualified  admiration  and  respect  of  the  world.  En- 
tering upon  her  second  century,  favored  beyond  the  power 
of  speech  to  declare,  may  she  be  given  the  saving  common 
sense  to  cherish  "and  "hold  fast  that  which  is  good."  Ke- 
spect  comes  to  the  self-respecting.  Freedom  is  his  who 
waits  not  on  another;  who  commands  that  which  satisfies 
his  wants — abiding  greatness  and  prosperity  to  the  nation 
which  promotes  thrift,  dignifies  labor,  and  encourages, 
advances,  and  protects  its  people. 

In  the  spirit  of  Kossuth,  his  thoughts  were  of  the  exile  and 
emigrant : 

Prosperity  comes  only  from  industry,  labor,  saving,  and 
thrift.  Waste  does  not  conduce  to  it.  Above  all,  Ameri- 
cans will  be  independent.  That  spirit  has  become  a  fixture 
here.  Our  forefathers  and  some  of  us  grew  tired  of  con- 
tributing by  our  sweat  to  the  luxury  of  lords  and  to 
enrich  royalty.  We  welcome  to  our  midst,  even  as  we  our- 
selves were  but  recently  welcomed,  every  honest,  indus- 
trious, law-abiding  man  who  wants  to  better  his  conditions 
and  become  a  loyal  American  citizen.  Let  such  bring  here 
their  machinery,  their  skill  and  strength,  wealth  and  en- 
terprise, their  manhood,  and  join  with  us  in  upbuilding  and 
sustaining  a  policy  which  has  for  a  generation  made  our 
country's  name  synonymous  with  opportunity. 

In  his  argument,  proper,  he  contended,  that  all  the  Presidents 
have  favored  protection;  that  the  country  prospered  most  under 
the  highest  tariffs;  that  free  trade  would  equally  cripple  agri- 
culture and  manufactures;  and  that  an  income  tax  was  the  pet 
of  demagogues;  and  in  illustration  of  these  and  kindred  proposi- 
tions, numerous  authors,  messages,  speeches  and  statistical 
tables  were  consulted  and  arguments  adroitly  adduced.  He 
arrayed  the  bill  itself  against  the  doctrine  that  protection  was 
unconstitutional : 

The  pending  bill  refutes  the  objection.  The  committee  re- 
porting it  admit,  as  everyone  who  examines  it  must  see, 
that  it  is  not  shorn  of  protective  features.  It  covers  nearly 
4,000  articles.  The  greater  part  of  these  are  produced  in 
this  country.  No  one  giving  the  question  a.  moment's  con- 
sideration will  deny  the  proposition  that  a  tariff  on  an 
article   the   like    of   which   is    produced   in    this    country   is 


532  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

necessarily  protective.  It  may  not  be  sufficiently  high  to  ac- 
complish  any  useful  purpose,  but  it  is  protective.  The  im- 
porter must  in  the  first  instance  pay  the  duty.  That  is  con- 
ceded.  With  this  added  cost  he  meets  in  competition  the 
domestic  article  which  lias  not  paid  the  duty. 

(  an  you  convince  the  importer  this  is  no  disadvantage  to 
him?  Will  the  tariff  reformer  who  is  selling  the  domestic 
article  deny  the  duty  is  a  protection  to  him? 

Nevertheless,  Mr.  Hainer  retired  from  the  arena  of  debate, 
exclaiming:  "This  bill  has  no  merits.  It  is  full  of  demerits.  Its 
very  shadow  is  a  blight  and  palsy.  In  its  operation  it  will  be 
worse  than  pestilence." 

FEDERAL   ELECTION   LAWS. 

On  the  26th  day  of  September,  1893,  Mr.  Tucker,  of  Virginia, 
advocated  his  bill,  "To  repeal  all  statutes  relating  to  supervisors 
of  elections  and  special  deputy  marshals  and  for  other  pur- 
poses."   Mr.  Tucker  said: 

The  first  proposition,  therefore,  to  which  I  ask  the 
attention  of  the  House  is  this:  That  the  right  of  suffrage  em- 
anates from  the  state  and  is  not  conferred  in  the  Constitu- 
lion  on  the  citizen  by  the  Federal  Government,  but  is 
reserved  to  the  states  and  so  declared  to  be  in  the  Constitu- 
tion itself.  In  the  second  section  of  Article  I  of  the  Con- 
stitution we  find  this  provision: 

"The  House  of  Eepresentatives  shall  be  composed  of  mem- 
bers chosen  every  second  year  by  the  people  of  the  several 
states;  and  the  electors  in  each  state  shall  have  the  quali- 
fications requisite  for  electors  of  the  most  numerous  branch 
of  the  State  Legislature." 

That  is,  whatever  provision  Congress  may  make  under  its 
powers  with  reference  to  the  "manner  of  holding"  elections, 
the  origianl  right  of  suffrage  rests  with  the  states  of  the 
Union.  By  this  provision  of  the  Constitution  suffrage  is 
conferred  through  the  states,  and  it  leaves  in  the  states  the 
determination  of  the  right  and  the  conditions  of  suffrage; 
and  the  citizen  is  entitled  to  it  because  he  is  a  citizen  of  the 
state  and  not  because  of  his  citizenship  of  the  United 
States. 

Such  right  of  suffrage  and  conditions  of  are  subject  to 
the  suffrage  laws  of  the  state  of  the  citizen  and  must  be 
prescribed  and  limited  by  such  state.  The  state  may  say 
that  no  man  under  21  years  of  age  can  vote,  which  is  a  con- 
dition of  suffrage;  or  it  may  say  that  none  but  property 
holders  can  vote,  which  is  a  condition  of  suffrage;  or  it  may 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  533 

say  that  no  man  can  vote  until  he  registers,  which  is  a  con- 
dition of  suffrage;  or  it  may  say  that  no  man  shall  vote 
who  can  not  read  or  write,  which  is  a  condition  of  suff- 
rage. None  of  these  conditions,  confessedly,  can  be  regu- 
lated by  the  Federal  Government,  but  are  left  wholly  to  the 
states. 

These  laws  ought  to  be  repealed,  Mr.  Speaker,  because 
they  seek  to  take  away  from  the  state,  that  alone  can  be- 
stow suffrage  on  the  citizen,  the  power  of  determining  the 
right  to  vote;  they  ought  to  be  repealed  because  they  have 
been  the  subject  of  collisions  and  jealousies  and  unneces- 
sary clashing  of  authorities  since  their  enactment;  they 
ought  to  be  repealed,  sir,  because  they  are  reconstruction 
measures,  the  unhappy  reminders  of  a  period  in  our  history 
forever  gone,  except  from  the  memory  of  the  people;  they 
ought  to  be  repealed  because  the  states  are  as  much  in- 
terested in  seeing  that  their  Representatives  are  properly 
elected  as  the  Federal  Government  can  possibly  be. 

Mr.  Hainer,  of  Nebraska,  indicated  his  readiness  to  enter  the 
discussion  by  propounding  an  inquiry;  and  a  week  thereafter 
occupied  the  House  with  a  carefully  prepared  speech.    He  said: 

Mr.  Speaker — The  question  now  before  the  House  is  one 
of  the  deepest  interest,  affecting  essentially  the  foundations 
of  the  Federal  Government.  Nominally  the  bill  under  con- 
sideration seeks  merely  to  repeal  certain  sections  of  Fed- 
eral law  looking  to  the  supervision  of  Federal  elections  by 
supervisors  and  deputy  marshals,  practically  it  goes  further 
and  seeks  to  wipe  out  every  possible  trace  of  Federal  con- 
trol and  Federal  supervision  of  elections. 

In  approaching  the  discussion  of  this  question,  I  confess  I 
hail  from  a  district  which  regards  this  Union  not  simply 
as  an  aggregation  of  states,  but  as  a  great  nation,  not 
merely  exercising  delegated  but  original  powers  based  upon 
the  fundamental  law. 

Representing  as  I  do.  in  part,  the  people  of  a  state  nearly 
every  quarter  section  of  which  is  occupied  by  a  man  who 
gave  evidence  of  his  loyalty  to  the  Union  by  bearing  a 
musket  in  the  days  when  many  gentlemen  who  now  de- 
claim against  these  laws  were  fighting  against  the  Govern- 
ment, I  confess  that  I  have  some  feeling  on  this  question. 

1st.  Proceeding  with  his  argument,  he  examined  two  cases 
decided  by  the  United  States  Supreme  Court  affirming  the  con- 
stitutionality of  the  last  amendments. 

2nd.  Argued  the  necessity  of  Federal  election  laws,  from  the 


534  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

character  of  state  legislation  before  the  war  of  the  rebellion, 

when  it  had  been  enacted  that:    "The  servants  shall   be  quiet 

and  orderly  in  their  quarters,  at  their  work,  and  on  the  premises; 

shall  extinguish    their  lights  and  fires,  and  retire  to   rest   at 

s.-asonable  hours." 

"Oh!   what  humanity  there  is  in  this?" 

3rd.  Protested  against  the  home  rule  of  the  South,  but  made 
the  following  admission:     In  North  Carolina — 

In  the  prohibition  campaign  of  1881  negroes  and  whites 
spoke  from  the  same  platform.  There  was  no  political  ques- 
tion at  that  time  before  the  people;  it  was  simply  a  ques- 
tion of  prohibition  or  anti-prohibition. 

My  Democratic  friends  then  forgot  the  wonderful  menace 
to  society  and  government  which  inhered  in  the  so-called 
black  \<>te.  No  objection  was  then  made  to  the  negro  vote. 
Since  then,  and  in  the  same  State,  railroad  elections  were 
held  and  negroes  Avere  registered  and  voted  without  diffi- 
culty. In  May,  1886,  in  the  City  of  Greensboro,  the  whites 
organized  negroes  to  assist  in  the  election  of  a  mayor,  and, 
being  successful,  that  same  mayor  made  a  congratulatory 
address  to  them.  In  1891,  at  Greensboro,  in  a  contest  be- 
tween two  Democratic  candidates  for  mayor,  negroes  were 
sent  for  in  carriages  to  vote  for  one  or  the  other  of  these 
white  Democratic  candidates. 

In  1891,  at  a  bond  election,  where  $30,000  was  voted  to 
secure  an  industrial  and  normal  school  for  white  girls, 
negroes  were  allowed  to  register  and  vote.  They  were 
sought  for.  But  in  1S88  these  same  negroes  did  not  dare  to 
celebrate  the  election  of  President  Harrison. 

4th.  Included  a  statistical  report  of  the  proportion  of  votes 
cast  in  districts  North  and  South,  for  members  of  the  House, 
showing  the  larger  percentage  in  behalf  of  Northern  members. 

5th.  He  furnished  proof  of  the  charge  that  a  North  Carolina 
school  board  published  a  revised  edition  of  a  State  School  His- 
tory, which  agreed  with  their  own  views  of  the  cause,  the  pro- 
gress and  collapse  of  the  war,  and  in  which  they  refused  to  say, 
"The  Confederate  government  fled  from  Richmond;"  but  put  it 
mildly,  "left  Richmond." 

Of  the. voter  he  said: 

There   is   some   danger,   I   admit,   from   the   ignorance    of 
voters.    There  is  that  danger  in  the  South  as  well  as  in  the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  535 

North.  We  shall  hail  the  day  when  every  man  shall  be 
raised,  to  a  much  higher  standard  educationally  than  is  his 
to-day. 

But  I  venture  to  remind  the  gentlemen  from  the  South 
that  neither  intellect  nor  intelligence  is  synonymous  with 
education. 

SUGAR  BOUNTIES. 

A  proposition  to  repeal  the  act  allowing  a  bounty  on  sugar, 
which  had  cost  the  government  f 9,000,000  per  year,  met  the  op- 
position of  the  member  from  Nebraska.  He  claimed  that  "it 
is  the  duty  of  the  government  to  continue  the  bounty  now  pro- 
vided by  law  till  July  1,  1905." 

Quoting  from  President  Cleveland's  Hawaiian  message:  "That 
the  United  States  in  aiming  to  maintain  itself  as  one  of  the  most 
enlightened  of  nations  would  do  its  citizens  gross  injustice  if  it 
applied  to  its  international  relations  any  other  than  a  high 
standard  of  honor  and  morality,"  he  continued: 

That  these  sentiments  are  correct  and  creditable  will 
hardly  be  questioned.  They  have  met  with  general  approval 
on  both  sides  of  the  House. 

I  quote  them  only  to  re-enforce  the  suggestion  that  a 
principle  so  strangely  and  strenuously  invoked  in  behalf 
of  a  foreign  Queen,  disreputable  both  in  public  and  private 
life,  be  not  withheld  when  dealing  with  nations  with  whom 
we  have  treaty  relations,  and  our  own  people  who  have 
taken  the  Government  at  its  word  and  invested  millions  in 
a  useful  industry.  This  bill  annuls  our  reciprocity  treaties, 
without  even  consulting  the  other  contracting  parties.  It 
takes  from  our  own  people  the  inducement  which  alone  led 
them  to  engage  in  an  otherwise  losing  venture. 

We  have  no  moral  right  to  do  this.  I  greatly  question 
our  legal  right  to  abrogate  this  law,  running  as  it  does 
for  a  specific  time,  and  for  which  the  appropriation  has 
already  been  made. 

It  is  more  than  a  mere  bounty  or  g-ratuity;  it  confers  a 
vested  right. 

On  the  supposition  that  the  Democratic  majority  must  respect 

the  sentiment  of  party  friends,  he  attempted  to  array  Secretary 

Morton,  the  Omaha  Herald  and  Dr.  Miller  upon  the  side  of  the 

sugar  bounties.    His  conclusion  was  as  follows: 

I  am  surprised  that  any  gentleman  should  hesitate  for 
one  moment  to  vote  the  protection  needed.     You  ought  not 


536  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

1o  hesitate.  You  ought  to  stand  for  everything-  that  is 
American.  !'<>  thai  and  you  will  cease  to  be  dependent  upon 
foreign  countries. 

Now,  Mr.  Chairman,  in  the  few  moments  which  have  been 
inven  me,  T  cannot  possibly  hope  to  cover  any  considerable 
portion  of  the  ground  which  should  be  traversed.  I  know 
thai  iMiitlemen  on  the  other  side  are  only  too  anxious  to 
\<>te  down  this  industry.  They  are  not  in  a  temper  to  listen 
to  the  reason  and  the  facts  in  the  case. 

But.  gentlemen,  let  me  tell  you  that  two  years  from  now 
there  will  be  a  Congress  sitting  in  this  hall  which  will  listen 
to  the  voice  of  the  people  and  protect  their  industries. 
[Applause  on  the  Republican  side.]  You  spit  upon  the  indus- 
tries of  the  North  and  West  to-day,  but  the  people  whom 
you  so  insult  will  in  turn  administer  a  fitting  rebuke  to  you. 
Do  your  worst  now,  but  the  day  of  reckoning  is  at  hand. 
[Applause  on  the  Republican  side.] 

MISSOURI    RIVER    COMMISSION. 

Without  indirection,  circumlocution  or  hesitancy  Mr.  Hainer 
attacked  the  general  course  of  improvement  by  the  Missouri 
River  Commission,  March  19,  1894: 

Mr.  Chairman,  what  is  the  object  of  this  Missouri  River 
Commission?  Its  first  and  great  object,  in  the  broad  sense, 
is  and  must  be  to  facilitate  and  extend  commerce;  not  sim- 
ply to  make  that  river  navigable,  though  that  may  be  inci- 
dental to  the  final  object  to  be  attained. 

What  is  the  character  of  the  commerce  along  this  stream? 
Clearly  it  is  of  a  double  character.  First,  it  is  the  com- 
merce which  extends  up  and  down  the  stream  itself,  and 
secondly,  the  commerce  which  goes  over  and  across  the 
stream. 

As  a  matter  of  fact,  the  commerce  which  extends  up  and 
down  that  stream  is,  as  the  gentleman  himself  admits,  in- 
considerable. On  the  other  hand,  the  commerce  which 
passes  over  the  river  at  the  city  of  Omaha  alone  exceeds 
all  the  commerce  which  floats  either  on  the  Mississippi 
River,  the  Missouri  River,  or  both  combined.  There  is  no 
question  about  that  fact. 

Let  us  get  at  the  truth  of  this  matter,  the  real  kernel  of 
it;  for  what  we  want  to  do  here,  as  intelligent  legislators, 
is  to  expend  the  money  of  the  people  in  serving  the  needs 
ot  the  people.  We  are  not  interested  simply  in  making  a 
siream  navigable  if  no  commerce  is  to  be  benefited  thereby; 
and  if  there  is  more  of  benefit  to  be  had  in  improving  the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  537 

river  along  those  points  where  commerce  is  engaged,  then 
it  may  be  wise  and  to  our  interest  to  expend  money  for  that 
purpose. 

Having  affirmed  that  improvements  should  proceed  from  up- 
stream downward  and  finding  that  $1,000,000  had  been  expended 
on  a  stretch  of  fourteen  miles  near  Jefferson  City,  where  no  boat 
in  commerce  was  entered,  he  exclaimed: 

Now,  at  that  rate,  Mr.  Chairman,  how  much  money  will 
be  required  to  bring  that  Missouri  River  into  a  navigable 
condition  from  its  mouth  to  Sioux  City?  Why,  it  would 
take  $80,000,000.  How  much  time  will  it  require  at  the  rate 
which  work  has  been  progressing?  It  will  take  one  hun- 
dred and  twenty  years.  And  yet  these  gentlemen  say  that 
the  contract  system  requires  that  all  expenditures  be  made 
in  continuation  of  this  project,  slower  in  execution  than  the 
wrath  of  God,  and  more  expensive  than  the  most  prodigal 
would  care  for  one  moment  to  stand  as  sponsor. 

Having  by  an  unanswerable  array  of  facts  shown  that  the 
commerce  crossing  the  river  at  Omaha  and  other  points  was 
peculiarly  "interstate  and  transcontinental,"  and  was  threat- 
ened by  disasters  to  the  great  bridge  from  floods  and  changing 
channels,  he  gave  an  analysis  of  the  pending  bill: 

Take  the  appropriations  asked  for  here.  They  are  $750,- 
000.  What  does  this  Commission  propose  to  do  with  that? 
It  proposes  to  pay  for  traveling  expenses  and  salaries  $20,- 
000;  for  surveys,  permanent  bench-marks  and  gauges,  $30,000; 
for  operating  snag  boat,  $35,000;  and  for  a  system  of  im- 
provement in  the  first  reach,  that  means  from  the  mouth 
of  the  Osage  River  down,  about  150  miles,  $665,000,  which 
makes  up  the  whole  $750,000;  and  not  a  particle  of  it  is  for 
the  protection  of  the  real  commerce  that  goes  across  this 
river,  or  for  the  protection  of  the  great  interests  which 
ought  to  be  protected,  as  it  seems  to  me. 

It  is  time  that  great  national  interests  located  in  the  West 
were  heard  in  these  halls.  The  South  and  East  find  ready 
audience,  and  their  petitions  seldom  denied. 

Of  this  I  do  not  complain,  but  submit  to  your  sense  of 
fairness  that  the  reasonable  and  just  claims  of  the  West  be 
no  longer  ignored. 

Ending  his  labors  in  the  53rd  Congress,  second  session,  he 
added  to  the  literature  of  the  Record  a  speech,  contrasting  state 
bank  issues  with  national  currency. 


538  NKKKASKA     STATK     HISTORICAL    SOCIETY. 


HON.  D.  H.  MERCER. 

March  4th,  1893— March  4th,  1895. 

David  H.  Mercer  was  born  in  Benton  City,  Indiana,  in  1857, 
and  came  to  Nebraska  from  Adams  County,  Illinois,  in  1866, 
after  his  father,  Capt.  John  Mercer,  returned  from  the  Union 
Army.  Here  young  David  received  advantages  of  the  Browu- 
ville,  Nemaha  County,  High  School,  and  in  1877  entered  the 
Nebraska  State  University,  graduating  in  1880.  Returning  to 
Brownville  he  was  admitted  to  the  bar  in  1881,  was  elected  City 
Clerk  and  served  as  Police  Judge.  After  standing  an  examina- 
tion before  Judge  Thos.  M.  Cooley,  he  entered  the  senior  class, 
law  department,  at  Ann  Arbor,  Michigan  State  University,  grad- 
uating with  the  degree  of  LL.  B.  in  1882.  He  was  for  two  years 
secretary  of  the  Republican  State  Committee  before  removing 
to  Omaha.  Soon  after  acquiring  a  residence  there,  and  while  a 
comparative  stranger  in  the  county,  he  received  a  nomination  for 
county  judge  but  was  defeated.  For  several  years  he  served  the 
city  and  county  as  chairman  of  their  Republican  Committee, 
and  previous  to  1892  was  for  two  years  Master  in  Chancery  of 
the  U.  S.  Court. 

Inasmuch  as  he  was  elected  to  Congress  in  the  Democratic 
year  1892,  when  Cleveland  and  the  House  of  Representatives 
were  against  his  party,  and  his  opponent  the  popular  and  tal- 
ented Judge  G.  W.  DOane,  it  was  a  source  of  much  party  con- 
gratulation. His  majority  over  the  Democratic  candidate  was 
1,100. 

During  the  53rd  Congress  he  secured  two  branch  postoffices 
for  Omaha,  introduced  military  training  in  the  High  School, 
secured  $75,000  for  Missouri  River  improvement  (in  House)  for 
Omaha,  aided  in  adding  $200,000  to  appropriation  for  Fort  Crook, 
at  Bellevue  near  Omaha,  and  for  South  Omaha  secured  a  public 
building  to  cost  $100,000. 

His  constituents  gave  him  an  unanimous  endorsement  by  a 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  539 

nomination  and  election  to  the  54th  Congress,  by  the  following 
vote:  D.  H.  Mercer,  12,946;  James  E.  Boyd,  Democrat,  8,165,  D. 
C  Deaver,  Populist,  3,962;  and  for  G.  W.  Woodberry,  Prohibi- 
tionist, 393. 

During  the  53rd  Congress,  on  June  6,  1894,  his  colleagues  and 
friends,  assembled  in  the  venerable  St.  John's  Church,  Wash- 
ington, congratulated  him  on  his  marriage  with  Miss  Birdie 
Abbott,  of  Minneapolis,  Minnesota 

IN  HOUSE   OF   REPRESENTATIVES. 

The  question  being  as  to  what  newspapers  should  be  selected 
as  advertising  mediums  for  furnishing  paper  for  Government 
uses,  Mr.  Mercer  moved  to  add  the  name  of  papers  published  in 
Omaha. 

Mr.  Richardson,  of  Tennessee:  I  wish  to  ask  my  friend 
from  Nebraska  (Mr.  Mercer),  in  all  seriousness,  whether  he 
realty  thinks  there  are  any  paper-making  establishments  s"o 
far  from  the  seat  of  government  as  Omaha  that  would  make 
bids  for  furnishing-  paper  which  would  have  to  be  trans- 
ported so  great  a  distance  as  from  Omaha  to  Washington? 
Does  the  gentleman  think  that  any  establishment  out  there 
could  compete  in  this  matter  with  gentleman  right  here  in 
the  East  who  would  propose  to  furnish  these  supplies? 

Mr.  Mercer:  How  will  we  find  out  unless  we  give  them 
a  chance? 

Mr.  Richardson:  Oh,  well,  you  know  that  all  these  papers 
circulate  out  there. 

Mr.  Mercer:  On  the  contrary,  we  read  our  own  papers 
instead,  as  they  are  just  as  good  as  Eastern  papers  and 
much  fresher  in  news.  We  dislike  even  stale  news  out  West. 
The  great  trouble  is  that  you  people  do  not  get  far  enough 
West. 

MAIDEN    SPEECH. 

Mr.  Mercer:  Mr.  Chairman,  there  are  some  persons  on 
the  floor  of  this  House  who,  never  having  had  occasion  to 
go  farther  west  than  the  Allegheny  Mountains,  are  forget- 
ful of  the  fact  that  far  beyond  the  Mississippi  River  extends 
a  rich  country  filled  with  people  and  with  vast  natural  re- 
sources, a  country  through  which  they  have  never  traveled 
and  of  which,  perhaps,  they  have  never  read.  When  my 
friend  from  Tennessee,  in  an  off-hand  way,  says  that  when 
the  committee  recognize  Cincinnati  and  St.  Louis  they  have 


ic  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

gone  west  far  enough,  I  wish  to  say  to  him  that  when  you 
go  as  Ear  as  those  cities  you  have  scarcety  gone  a  third  of 
the   way  across  this  continent. 

Does  not  the  gentleman  know  that  the  Missouri  Kiver  runs 
through  the  geographical  center  of  this  great  country? 
(.cntlemen  of  the  Eastern  States  should  realize  that  there 
is  a  large  body  of  people  living  west  of  the  Missouri  River; 
t  hat  there  is  a  large  amount  of  capital  invested  in  that 
region;  that  there  are  paper-manufacturing  industries  out 
there  as  well  as  printing  industries,  which  are  of  too  great 
importance  to  be  ignored. 

T  sorely  regret  the  attitude  assumed  upon  this  "floor  by 
mamr  Eastern  and  Southern  members  in  the  discussion  of 
legislation  affecting  the  West.  The  city  of  Washington  is 
no  longer  the  center  of  population  of  this  Nation.  "West- 
ward the  star  of  empire  takes  its  way"  and  has  been  so 
traveling  for  lo,  these  many  years.  Because  Washington 
continues  to  be  the  seat  of  our  National  Government,  and 
is  so  near  the  great  cities  of  New  York  and  Philadelphia 
and  within  a  few  hours'  ride  by  train  to  populous  New  Eng- 
land and  the  East,  is  no  reason  why  representatives  of  the 
great  West  should  be  forbidden  the  privilege  of  reminding 
the  country  that  beyond  the  Mississippi  Kiver  lies  a  magnifi- 
cent empire  which  some  day  will  refuse  to  perform  the 
services  of  tail  to  the  dog,  will  protest  against  the  domina- 
tions of  the  East,  and  will  obtain  a  recognition  in  national 
councils  befitting  its  resources  and  station,  and  this  recog- 
nition will  be-  obtained,  not  by  war,  not  by  threat  or  intimi- 
dation, but  by  peaceful  legislation. 

The  time  is  not  far  distant  when  the  center  of  population 
will  be  near  that  great  metropolis,  the  queen  city  of  the 
Missouri  Valley,  the  commercial  gateway  to  the  Occident — 
my  home  city,  Omaha.  Some  people  in  New  York  City 
firmly  believe  that  Central  Park  is  the  center  of  popula- 
tion in  the  United  States.  The  poor  deluded  creatures. 
That  point  is  now  in  southwestern  Indiana,  and  at  the  rate 
population  is  increasing  in  America  it  will  find  a  location 
at  Omaha  before  this  century  will  have  ceased  numbering 
years. 

This  bill  does  not  recognize  in  section  3  that  there  is  any 
United  Slates  west  of  Chicago  and  St.  Louis.  But  there  is 
a  great  deal  of  America  west  of  those  two  cities.  Early  in 
this  century  Indiana  and  Illinois  could  properly  be  consid- 
ered in  the  West:  but  since  civilization  has  traveled  to  the 
Pacific  Ocean,  leaving  in  its  wake  magnificent  cities,  beau- 
tiful and  f nut ful  farms  and  mines  of  wealth  in  almost 
every    state    west    of  the   Mississippi   Biver,  we   politely   ask 


MEMBERS    OF    U.  S.  HOUSE    OP    REPRESENTATIVES.  541 

the  conservative  East  to  include  in  the  West  all  that  region 
west  of  the  Father  of  Waters. 

Does  the  gentleman  from  Tennessee  not  know  that  Omaha, 
Kansas  City,  Sioux  City,  Lincoln,  Des  Moines,  Minneapolis, 
St.  Paul,  Denver,  Salt  Lake  City,  Los  Angeles,  San  Fran- 
cisco, Portland,  the  beautiful  cities  of  Washington,  and 
many  other  commercial  centers  in  the  great  West  are  as 
much  superior  to  many  of  the  older  cities  of  America  as  is 
the  illumination  of  the  sun  stronger  and  brighter  than  that 
of  the  moon?  These  cities  began  where  the  Eastern  cities 
finished,  taking  advantage  of  experience. 

We  profit  by  experience  in  the  West,  while  the  East  is 
eternally  experiencing  a  profit  at  our  expense.  All  we  ask 
is  a  recognition  that  we  are  still  a  part  of  the  Union.  We 
pay  taxes,  we  will  fight  to  preserve  the  Union,  but  we  ask 
a  little  more  than  glory  and  empty  promises.  Omaha  is  the 
home  of  newspapers.  In  this  city  they  prosper,  they  grow, 
they  succeed.  Our  people  are  a  reading,  thinking-  people, 
and  they  include  advertisements  in  their  literary  bill  of  fare. 
I  will  venture  the  assertion  that  an  advertisement  inserted 
in  one  of  Omaha's  newspapers  would  receive  as  much  notice 
and  call  for  as  many  replies  as  would  a  similar  notice  ap- 
pearing in  any  newspaper  published  in  half  the  cities  men- 
tioned in  section  3. 

Our  papers  circulate  to  the  Pacific  Ocean,  to  the  Gulf,  and 
even  force  an  entrance  into  cities  along  the  Atlantic  sea- 
board, while  we  all  know  there  are  cities  mentioned  in  this 
bill  whose  papers  have  a  limited  circulation  beyond  the 
confines  of  the  State  in  which  they  are  published.  In  our 
city  we  have  one  of  the  largest  newspaper  office  buildings 
in  the  world.  In  fact,  Omaha  is  such  an  important  factor  in 
Western  America  that  I  propose  to  read  you  a  few  statistics 
simply  as  an  "eye-opener"  to  those  of  you  who  have  been 
confining  your  visits  to  a  small  fraction  of  this  great 
country. 

Omaha  has  8  public  parks. 

Omaha  has  71  miles  of  paved  streets. 

Omaha  has   100  miles  of   sewers. 

There  are  42  public  schools,  employing  296  teachers. 

There  are  22  church  and  private  schools,  employing  152 
teachers. 

The  school  census  shows  over  30,000  children  of  school 
age  with  an  enrollment  of  15,500. 

Omaha  is  a  city  of  churches,  having  109  houses  of  re- 
ligious worship. 

There  are  53  hotels. 

There  are  13  trunk  lines  of  railway,  covering  38,233  miles 
of  road  operated  from  Omaha.  One  hundred  and  thirty 
passenger  trains  arrive  daily. 


542  NKKKASKA    STATE    HISTORICAL    SOCIETY. 

Omaha   has  the   largest  smelter  in  the  world. 

Omaha    lias   the    largest  linseed   oil  works  in  the  United 
les. 

Omaha  has  the  largest  distillery  in  the  world,  and  three  of 
the  largest  breweries  in  the  United  States. 

Omaha  has  the  largest  white  lead  works  in  the  world. 

Omaha  has  160  manufacturing  enterprises,  with  a  com- 
bined capital  of  $11,50S,400.  Last  year  their  products 
amounted  to  $34,104,200. 

The  principal  shops  of  the  Union  Pacific  Railway  are  lo- 
cated in  Omaha.  They  cover  50  acres  of  ground  and  repre- 
sent an  outlay  of  $2,500,000.  They  furnish  employment  to 
L.200  skilled  mechanics  and  200  day  laborers. 

There  are  207  jobbing  houses,  with  a  capital  of  $14,116,000. 
During  1892  their  sales  amounted  to  $50,000,000. 

The  actual  real  estate  valuation  is  $250,000,000,  while  the 
assessment  for  taxation  is  based  on  a  one-tenth  valuation. 

Omaha  has  sixteen  banks,  of  which  eight  are  national 
and  eight  are  State  banks. 

During  1892  the  clearings  were  $295,319,922. 

The  post-office  receipts  for  the  year  1892  were  $290,799. 
This  department  gave  employment  to  106  carriers. 

Omaha  has  one  of  the  most  complete  water  works  sys- 
tems in  the  world.  The  plant  cost  $7,000,000  and  has  175 
miles  of  mains.  The  pumping  capacity  is  85,000,000  gallons 
daily. 

There  are  95  miles  of  street  railways,  mainly  electric. 
The  system  employs  600  men  and  operates  275  cars.  The 
monthly  pay  roll  is  $40,000. 

Population   in  1S60    1,861 

Population  in  1870    16,083 

Population  in   1880    30,518 

Population  in   1885    61,835 

Population  in   1890    140,452 

Population   in   1893    175,600 

The  telephone  company  has  had  4,427  telephones  in  use 
during   the   past  year. 

In  this  connection  I  desire  to  add  that  the  city  of  South 
Omaha,  the  third  city  in  size  in  the  State  of  Nebraska — 
scarcely  five  years  of  age,  yet  the  liveliest  baby  city  in 
America — situated  in  the  same  county  as  Omaha,  each  city 
growing  so  rapidly  that  it  is  difficult  to  ascertain  where  one 
begins  and  the  other  ends,  would  gladly  assist  Omaha  in 
protecting  her  name  and  fame  as  a  commercial  center. 
This  city  of  South  Omaha  is  the  third  packing  center  of 
America;  185,000  sheep,  800,000  cattle,  and  2,000,000  hogs 
killed  annually. 

The  packing-house  product  alone  requires  35,000  cars  an- 
nually to  ship  it,  and  is  worth  $45,000,000,  being  as  much 
as  the  total  silver  output  of  American  mines  in  1889;  one 
weekly  and  four  daily  papers;  population,  15,000;  six  banks, 
doing  a  daily  business  of  $3,000,000;  miles  of  paved  streets; 
elegant  viaducts;  a  dozen  railroads,  and  during  the  late 
panic  not  a  bank  failure,  while  the  city  of  Omaha  led  all  the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  543 

cities  of  the  United  States  but  seven  as  a  substantial,  safe 
banking  center.  Talk  to  me  about  commercial  centers  and 
newspapers  and  progressive  industries!  Give  us  a  chance. 
Who  knows  but  what  we  can  bid  upon  work  needed  by  the 
Government  as  low  as  our  Eastern  friends,  and  protect  our 
laboring  men  at  the  same  time.  The  Lord  knows  we  would 
not  pay  starvation  wages  for  all  the  contracts  in  the  uni- 
verse. 

FIRST    REGULAR    SESSION,    FIFTY-THIRD    CONGRESS. 

Early  in  the  session  of  the  53rd  Congress  Mr.  Mercer  sup- 
plemented his  maiden  speech,  as  above,  with  a  large  mass  of 
manufacturing  statistics,  and  the  protests  of  numerous  business 
men  and  manufacturers  against  the  reduction  of  tariff  duties  on 
foreign  importations,  all  tending  to  add  additional  lustre  to 
Omaha's  crown  of  honors. 

But  in  the  midst  of  general  jubilation  his  farmer  constituency 
were  not  forgotten: 

Mr.  Chairman — The  farmers  of  Douglas,  Sarpy,  and  Wash- 
ington Counties,  the  territory  which  comprises  the  Congres- 
sional district  which  I  have  the  honor  to  represent  upon 
this  floor,  have  been  materially  and  handsomely  benefited 
by  the  growth  and  development  of  Omaha  and  South  Omaha 
as  markets  for  the  products  of  the  farm.  The  more  man- 
ufacturing plants,  the  greater  the  diversity  of  interests, 
the  stronger  becomes  the  home  of  such  benefits  as  a  re- 
ceiver, consumer,  and  distributer  of  farm  products.  Then, 
too,  a  home  market  like  Omaha  and  South  Omaha  increases 
in  value  the  price  of  farm  lands  tributary  thereto.  Although 
not  to  so  great  a  degree,  the  smaller  cities  and  towns  in  this 
territory  afford  a  convenient  market  for  the  product  of 
farms  situated  nearby.  Town  people  and  the  agriculturists 
should  be  the  best  of  friends.  Their  interests  are  reciprocal, 
and  protection  to  one  is  protection  to  the  other,  and  in  all 
instances  they  should  be  inseparably  joined  in  a  contest 
against  foreign  invasion,  whether  that  invasion  be  of  the 
nature  of  pauper  immigration  or  the  products  thereof.  If 
America  is  to  be  flooded  with  the  cast-off  cheapness  of 
foreign  lands  the  stability  of  our  institutions  will  surely 
fall  from  its  foundation  and  American  honor  will  have 
suffered  an  unfortunate  stain. 

I  am  proud  of  the  enterprising  citizenship  in  the  State 
of  Nebraska.  I  am  proud  of  the  important  and  prominent 
position   occupied  by  Douglas   County   and  its   enterprising 


NEBRASKA    STATE    HISTORICAL    SOCIETY. 

cities  in  the  agricultural,  commercial,  and  manufacturing 
domain  of  this  Kepublic,  and  I  firmly  believe  that  with  a 
national  policy  of  protection  in  America  this  greatness  in 
Nebraska  will  increase  and  the  good  times  of  the  Harrison 
Administration  will  return  to  this  land  now  stricken  with 
a  business  depression  brought  about  by  a  false  economic 
policy. 

BEET    SUGAR. 

A  few  days  later,  while  indicating  the  policy  of  a  bounty  upon 
beet  sugar  production,  he  exploded  a  rhetorical  bomb  in  the 
camp  of  the  Arkansas  delegation,  they  having  failed  to  succeed 
in  the  new  industry,  and  being  opposed  to  that  policy  which  he 
believed  desirable  for  Nebraska. 

Mr.  Mercer:  Mr.  Chairman,  some  years  ago  a  farmer  in 
the  state  of  Ohio  made  up  his  mind  that  he  would  change 
his  place  of  residence  and  move  to  Arkansas — the  reason  * 
why  nobody  knows;  history  has  never  given  us  an  explana- 
tion. It  seems  that  a  short  time  after  he  landed  in  Arkansas 
a  country  fair  was  held.  He  had  taken  with  him  from  Ohio 
to  his  new  home  some  very  fine  Chester  White  pigs — six  in 
all — beauties  every  one  of  them.  He  thought  it  no  more 
than  right  that  he  should  encourage  the  industry  of  raising 
fine  thoroughbred  hogs  in  his  new  home;  so  he  took  to  this 
country  fair  these  six  elegant  Chester  White  pigs  and  placed 
them  on  exhibition.  After  the  awards  had  been  made  the 
Ohio  man  discovered  that  the  breed  of  hogs  in  which  he  had 
been  dealing  all  his  life  were  not  appreciated  in  the  State 
of  Arkansas.  The  first  premium  ribbon  was  pinned  upon  a 
pen  that  contained  six  "razor-backed  looking"  hogs — hogs 
with  long  legs— hogs  that  looked  more  like  greyhounds  than 
any  hogs  ever  before  raised  upon  American  soil. 

The  man  from  Ohio  was  not  very  much  chagrined  because 
he  had  not  received  the  first  premium,  but  his  curiosity  was 
excited.  So  he  called  upon  the  chairman  of  the  awarding 
committee  and  asked  him  the  reason  why  his  hogs  were  re- 
jected for  a  premium  while  the  pen  containing  the  "razors" 
was  recognized.  The  chairman  said  to  him,  "My  dear  sir, 
you  must  be  a  stranger  in  this  part  of  the  countrjr.  In 
Arkansas  the  people  have  no  use  for  hogs  that  can  not 
outrun   a  negro."      [Laughter.] 

Now,  Mr.  Chairman,  I  am  not  surprised  that  Representa- 
tives from  the  State  of  Arkansas  on  this  floor — 

Mr.  McRae:  Before  the  gentleman  gives  us  another 
"chestnut"  will  he  please  pick  out  the  worm? 


MEMBERS    OF    U.  S.  HOUSE    OP    REPRESENTATIVES.  545 

Mr.  Mercer:  The  gentleman  by  rising  in  his  seat  has 
given  one  himself  and  therefore  it  is  not  necessary  that  I 
should  do  so. 

Mr.  Chairman,  the  people  of  Arkansas  tried  the  experi- 
ment with  beet-sugar  seed.  They  sent  to  the  Agricultural 
Department  of  the  United  States  for  seed,  and  they  were 
furnished.  They  experimented,  as  also  did  the  people  of 
Missouri,  and  the  people  of  those  two  states  made  the  poor- 
est exhibit  made  by  the  people  of  any  state  where  the  ex- 
periment was  tried. 

TARIFF. 

Again,  upon  the  27th  of  January  the  Record  contains  a  speech, 
with  editorial  and  manufacturers'  views,  and  sentiments  from 
the  author  of  the  McKinley  tariff,  and  from  the  Hon.  James  G. 
Blaine,  with  Mr.  Mercer's  protest  against  a  reduction  of  tariff 
duties.     Of  employer  and  employee  he  said: 

Profit  and  loss  as  knowledge  should  be  common  property 
to  employer  and  employee.  If  the  head  of  an  establishment 
is  living  beyond  his  means,  he  should  throw  pride  to  the 
dogs  and  make  a  confession.  If  prosperity  smiles  upon  him, 
he  should  see  to  it  that  the  wage  worker  shares  with  the 
stockholder  in  some  of  the  dividends.  If  reverses  occur,  the 
wage  earner  should  in  turn  extend  the  employer  aid  and 
assistance.  While  legislation  does  not  compel  this  course, 
an  honest  conscience  and  a  generous  heart  would  suggest  it. 

In  regard  to  a  certain  equalization  of  wages  he  said : 

These  are  cruel  words.  When  such  a  condition  exists  in 
America  I  trust  my  days  will  have  been  numbered,  as  I  have 
no  desire  to  witness  the  scenes  of  starvation  and  struggle 
for  bread  that  will  then  be  daily  observed  upon  this  Ameri- 
can soil,  a  soil  hallowed  in  patriotism,  love  of  country,  and 
protection  to  American  industry  and  American  labor.  Then 
will  the  dignified,  intelligent  American  bread-winner  grovel 
in  the  mire  side  by  side  with  the  pauper  labor  of  Europe; 
then  will  hordes  of  Mongolians  infest  our  territory,  enjoy 
the  fruits  of  our  labor  accumulated  in  better  days,  and  the 
anarchist  will  prevail  in  resplendent  glory. 

In  rebuttal  of  all  charges  or  insinuations  against  his  constitu- 
ency he  drew  the  following  glowing  picture  of  life  upon  the 
farm: 

It  is  my  privilege  and  pleasure  to  represent  a  constituency 
rich  in  natural  and  acquired  resources.     Although  there  are 
36 


r»4li  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

only  three  counties  in  my  district,  these  three  counties  in 
agriculture,  in  manufacture,  and  in  commerce,  challenge  the 
world  for  superiors.  The  counties  of  Washington  and  Sarpy 
and  the  agricultural  part  of  Douglas  are  filled  with  bounti- 
ful farms  and  intelligent  farmers  and  farmers'  families. 
The  farmers  in  this  district  are  well  to  do  and  many  quite 
wealthy.  They  have  excellent  farms  and  they  know  how  to 
farm  them.  What  is  more,  they  farm  the  soil  with  the  plow 
and  other  implements  and  machinery  and  not  with  the 
mouth.  Instead  of  occupying  a  place  upon  a  dry  goods  box 
with  the  whittling  knife  in  hand,  grumbling  at  that  which 
labor  and  industry  would  prevent  the  happening,  the  farm- 
ers of  these  counties  exercise  their  brain  in  the  management 
and  control  of  their  possessions,  and  they  employ  indus- 
trious, honest  labor  in  the  cultivation  and  management  of 
the  same. 

The  farmers  in  this  district  ride  in  carriages.  They  dress 
in  fine  linen,  and  their  homes  are  conveniently  and  advan- 
tageously furnished.  It  is  not  a  strange  thing  to  find  a 
piano  in  the  farm  houses,  Brussels  carpet  upon  the  floor, 
excellent  parlor  furniture,  pictures  upon  the  Avails,  well- 
dressed  inmates,  and  bountifully-laid  tables.  The  rich 
meadows  and  rich  soil  properly  tilled  produce  magnificent 
crops  of  everything  planted  therein,  and  the  whole  country 
blooms  with  prosperity  and  richness.  If  I  cannot  say  some- 
thing good  about  the  neighborhood  in  which  I  live,  rest 
assured  I  would  not  call  attention  to  the  unfortunate  hap- 
penings therein. 

More  damage  has  been  done  in  certain  sections  of  the 
United  States  west  of  the  Mississippi  River  by  the  mouth- 
ings  and  vaporings  of  cranks  and  demagogues,  who  assume 
to  be  farmers  and  farmers'  guardians,  than  was  ever  done 
by  windstorms,  grasshoppers,  drouth,  or  by  any  pestilence 
whatsoever.  In  many  instances,  you  show  me  a  man  who 
claims  to  be  a  practical  farmer,  who  travels  from  place  to 
place  stirring  up  strife  and  discontent  among-  his  neighbors, 
criticising  everything  in  the  Government  but  himself  and 
those  whom  he  seeks  to  use,  and  I  will  show  you  a  man 
who,  if  a  farmer,  does  not  know  how  to  farm. 

The  sura  and  substance  of  the  plea  for  State  and  national  pro- 
tection is  easy  of  comprehension: 

I  desire  the  mills  and  spinneries  to  come  to  Nebraska.  I 
contend  that  if  protection  has  filled  New1  England  with  mills 
and  spinneries,  has  enriched  her  people  in  city  and  on  farm, 
thai  the  same  legislation  will  make  of  Nebraska  another  and 


MEMBERS    OP    U.  S.  HOUSE    OP    REPRESENTATIVES.  547 

greater  Massachusetts.  Our  time  in  the  West  has  arrived. 
Xew  industries  are  springing  up  everywhere.  They  are  wel- 
come, thrice  welcome.  Encouragement  they  need,  protec- 
tion they  must  have.     Stand  up  for  Nebraska! 

On  the  subject  of  Missouri  River  improvement  Mr.  Mercer  did 
not  forget  the  interests  of  Omaha  and  Council  Bluffs,  but  his 
colleague,  Mr.  Hainer,  had  so  completely  occupied  the  ground 
that  but  little  was  left  to  be  added. 

Some  time  having  elapsed  since  Mr.  Mercer's  last  eulogy  upon 
Omaha  and  Nebraska  a  suitable  occasion  offered  during  a  dis- 
cussion upon  irrigation,  which  was  promptly  embraced. 

Mr.  Chairman — Some  jears  ago  it  was  my  good  fortune  to 
visit  the  State  of  Oregon,  and  I  there  noticed  some  of  the 
benefits  of  irrigation.  On  one  side  of  a  roadway  the  soil 
was  pure  sand,  while  ten  feet  away  the  same  sand,  through 
the  merits  of  irrigation,  wTas  made  rich  in  a  most  profusive 
production  of  vegetation.  In  Nebraska  the  same  success  has 
crowned  the  efforts  of  the  enterprising-  farmers  who  have 
attempted  irrigation.  The  sand  lots  of  one  year  were  made 
to  produce  a  most  remarkable  yield  of  potatoes,  while  farm 
after  farm  emerged  from  the  valueless  to  the  valuable. 

Eastern  Nebraska  has  been  fortunately  blessed  in  nature's 
gifts,  and  does  not  need  irrigation  or  other  artificial  meth- 
ods to  insure  crops.  I  venture  the  assertion  that  this  part 
of  Nebraska  is  the  cream  of  the  agricultural  kingdom,  no 
matter  in  what  part  of  the  world  competition  is  sought.  A 
failure  of  crops  has  not  occurred  since  the  first  settlement, 
and  year  after  year  this  qualification  of  the  soil  increases 
in  its  usefulness. 

It  is  the  western  part  of  Nebraska  which  seeks  and  needs 
irrigation,  and  if  irrigation  is  given  this  part  of  Nebraska — 
a  State  which  now  stands  second  in  the  Union  as  a  corn- 
producing  State— it  will  soon  take  rank  with  the  eastern 
part,  and  then  will  Nebraska  be  the  greatest  corn  and  wheat 
producing-  State  in  America. 

Leave  being  granted  to  print  in  the  Record  a  speech  «rf  ex- 
Senator  Warren,  Omaha  "came  up  smiling." 

We  remember,  nearly  all  of  us,  when  Omaha  was  a  little, 
struggling-  hamlet,  and  it  seemed  to  me  then  and  it  seems 
to  me  now,  that  scarcely  a  place  above  or  below  upon  this 
river  but  what  a  city  could  have  been  as  well  built  as  here. 
It  has  been,  however,  the  spirit  of  her  people,  the  ambition, 


548  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

the  brain,  and  the  will  power  of  the  citizens  of  Omaha  that 
have  made  it  what  it  is. 

Omaha,  when  bnt  a  small  village,  took  advantage  of  oppor- 
tunities and  made  her  supreme  effort  at  a  time  when  the 
Nation  declared  that  it  would  have  a  railroad  constructed 
across  the  continent,  connecting  the  vital  life  of  the  great 
Bast  with  the  rnighty  possibilities  of  the  boundless  West. 
Omaha  became  the  gateway  of  this  transcontinental  line. 
There  has  always  been  in  Nebraska  and  in  Omaha  supreme 
hospitality.  In  this  State,  especially  in  Omaha,  a  spirit  has 
always  existed  which  said  to  every  man  seeking  a  home, 
"We  welcome  you.  Law-abiding  citizens,  all  come  to  us  and 
make  your  home  with  us." 

EDUCATION,    SUFFRAGE,   AND   NATURALIZATION. 

As  the  last  days  of  the  53rd  Congress  were  being  numbered 
Mr.   Mercer  placed  upon  record  sentiments  of  general  national 

import. 

Mr.  Speaker — The  public  school  in  America  is  a  necessity, 
and  I  rejoice  that  it  steadily  grows  in  favor.  The  American 
flag-  should  decorate  every  school  building  in  the  land,  and 
the  pupils  should  be  taught  to  reverence  as  well  as  respect 
one  equally  with  the  other,  for  the  moment  our  public 
school  system  is  allowed  to  crumble  and  disappear  that 
moment  will  the  Stars  and  Stripes  cease  to  be  emblematical 
of  American  patriotism,  and  the  Constitution  and  the  law 
will  have  gone  the  way  of  the  dead. 

If  we  will  carefully  keep  church  and  state  separate  in  all 
legislative  matters,  and  continue  to  throw  around  our  public 
school  system  walls  of  protection,  sift  the  suffrage  of  the 
country  so  a  man  will  not  be  allowed  to  vote  until  he 
realizes  the  full  responsibility  of  the  act,  cure  our  natural- 
ization laws  so  a  man  will  not  be  allowed  to  become  an 
American  citizen  until  he  is  properly  qualified  to  wear  the 
dignity  which  that  honor  and  title  bear,  to  so  remedy  our 
immigration  laws  that  only  the  best  elements  of  foreign 
society  will  be  allowed  an  opportunity  to  mingle  with  and 
become  a  part  and  parcel  of  American  civilization  and  make 
it  impossible  for  the  anarchy  and  pauperism  of  the  Old 
World  to  find  a  lodgment  here,  we  will  have  done  much  to 
uplift  American  institutions.  , 

I  am  glad  to  note  that  in  educational  matters  great  steps 
of  progress  have  been  made,  especially  in  the  western  part 
of  the  United  States.  The  great  universities  of  Chicago  and 
Stanford     illuminate    educational    circles    to-dav,    while    the 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  549 

great  universities  of  several  western  states,  notably  Ne- 
braska, Iowa,  and  Kansas,  occupy  an  enviable  position  in 
the  educational  world.  Their  instructors  and  their  students 
are  gradually  achieving-  a  prominence  which  cannot  do 
otherwise  than  reflect  the  greatest  of  credit  upon  them  and 
upon  the  institutions  they  respectively  represent.  It  is  a 
good  sign  of  civilization  when  education  is  pushed  into  the 
frontier  of  this,  as  well  as  other  countries,  because  educa- 
tion always  civilizes,  but  public  money  should  be  expended 
in  a  nonsectarian  direction.  Such  a  course  will  insure  less 
division,  less  trouble,  and  more  efficiency  than  any  other 
method  which  might  be  pursued. 


550  NEBRASKA    STATE   HISTORICAL    SOCIETY. 


HON.  GEORGE  D.  MEIKLEJOHN. 
March  4th,  1893— March  4th,  1897. 

Hon.  George  D.  Meiklejohn  was  born  at  Weyauwega,  Wau- 
paca County,  Wisconsin,  August  26,  1857,  and  brought  up  on 
a  farm.  He  was  educated  at  the  State  Normal,  Oshkosh,  and 
Michigan  University,  Ann  Arbor;  and  graduated  from  the  Law 
Department  of  Michigan  University  in  1880;  prior  to  which 
lime  he  was  principal  of  the  High  School  at  Weyauwega  and 
Liscomb,  Iowa.  He  was  a  lawyer  at  23  years  of  age,  the  same 
year  in  which  he  came  to  Nebraska,  at  27  he  was  in  the  State 
Senate,  at  30  was  chairman  of  the  Republican  State  Central 
Committee,  at  31  was  elected  Lieutenant  Governor;  and  at  35 
years  of  age  elected  to  Congress,  as  a  Republican,  receiving 
13,635  votes  against  10,630  for  George  F.  Keiper,  Democrat,  and 
9,636  for  William  A.  Poynter,  Independent.  In  1894  he  was 
re-elected  to  the  51th  Congress. 

He  was  fortunate  in  the  circumstances  of  life  upon  the  farm — 
early  education — self  support — settlement  in  a  new  and  pro- 
gressive community — ability  to  acquire  and  integrity  to  hold  the 
confidence  of  a  constituency  till  landed  in  Congress  with  a  legis- 
lator's resources  and  a  presiding  officer's  experience,  acquired 
in  presiding  over  the  State  Senate,  by  election,  and  ex-ofticio, 
us  Lieutenanl  Governor. 

The  gentleman  had  also  acquired  a  terse  and  comprehensive 
use  of  Language,  a's  evidenced  by  the  introductory  sentences  of 
his  first  speech  in  the  53rd  Congress  January  12,  1891.  Mr. 
Meiklejohn  said: 

One  year  ago  the  prayer  for  "a  change  of  party"  was, 
through  the  voice  of  a  plurality  but  not  a  majority  of  the 
electors  of  this  Nation,  answered,  and  for  the  first  time  for 
more  than  a  third  of  a  century  the  executive  and  both 
branches  of  the  legislative  departments  of  the  Government 
were  placed  in  the  absolute  control  of  the  Democratic  party. 
The  American  people  prior  to  this  "change  of  party"  were 


MEMBERS    OF    U.  S.  HOUSE    OF    REPRESENTATIVES.  551 

enjoying-  the  blessings  guaranteed  to  them  by  the  Constitu- 
tion. Industry,  the  great  heart  of  the  arterial  system  of 
trade,  was  beating  normally  and  regularly;  her  pulsations 
filled  the  conduits  of  commerce  with  the  products  of  Ameri- 
can labor,  American  capital,  and  American  genius.  She 
blessed  with  wealth  and  prosperity  the  most  remote  part 
of  the  Nation;  she  fed  the  bread-winners  of  the  land  with 
the  produce  of  American  soil  and  made  a  home  market  for 
the  American  farmer;  capital  had  a  field  for  investment; 
labor,  employment;  transportation,  trade  and  commerce; 
manufactures,  a  demand  for  their  products. 

The  Nation  was  blessed  with  universal  prosperity,  and  hap- 
piness and  contentment  beamed  from  the  home.  The 
maxim  of  Daniel  Webster,  that  "Where  there  is  work  for 
the  hands  there  is  work  for  the  teeth."  was  never  more 
fully  verified.  This  was  the  condition  of  our  Republic  be- 
fore the  transformation  scene  of  a  year  ago. 

"A   CHANGE   OF  PARTY  " 

was  the  verdict  of  the  ballots;  the  "change  of  administra- 
tion" had  not  yet  come.  Its  realization  was  four  months  in 
the  future.  The  prospect  of  Democratic  experimentation 
and  platform  translation  began  its  work  of  industrial  pros- 
tration and  commercial  depression.  Capital  took  fright; 
industry  moved  sluggishly;  products  of  manufactures  de- 
creased to  the  current  demand;  labor  saw  her  wages  decline 
and  the  doors  of  employment  slowly  close. 

Doubt  and  uncertainty  drove  our  medium  of  exchange 
into  hiding;  banks  were  forced  to  realize  on  securities  to 
keep  up  reserves;  exports  decreased  and  contents  of  bonded 
warehouses  increased.  The  Nation  for  the  first  time  since 
1857  began  to  taste  the  unripened  fruit  of  free  trade  and 
that  sweet  morsel  of  Anglomaniacs,  the  markets  of  the 
world.  Who  could  predict  what  was  in  store  when  a  "change 
of  administration"   should  come? 

BEET    SUGAR. 

Having-  made  the  point  that  the  legislation  of  the  extra  ses- 
sion had  failed  to  tranquilize  the  country,  and  a  tariff  bill  being 
before  the  House  for  revenue,  with  incidental  protection  only, 
he  argued  the  constitutionality  of  protection,  of  itself,  instanc- 
ing legislative  custom  and  the  opinions  of  Madison,  Jefferson 
and  others.  Passing  to  what  he  affirmed  would  be  the  result  of 
the  bill,  if  passed,  upon  two  Nebraska  industries,  beet  sugar  and 


552  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

binding  twine,  he  enumerated  the  vast  sums  saddled  upon  our 
people,  on  account  of  foreign  importation  of  sugar,  which  he 
would  finally  lessen,  through  the  stimulus  of  bounties  upon 
home  manufactures. 

RESULTS. 

Wherever  a  beet-sugar  factory  is  located  and  within  a 
radius  of  many  miles  the  agricultural  country  seems 
touched  as  with  a  new  life.  There  is  a  rise  in  the  value  of 
land  and  labor  is  in  demand,  towns  and  villages  take  on 
vigor  and  growth,  and  every  man,  laborer,  banker,  mer- 
chant, and  farmer,  feels  the  touch  of  a  new  industry. 
Thousands  of  dollars  are  annually  expended  by  the  factory 
in  every  direction,  giving  business  a  steady  impetus  and  a 
demand  for  the  products  of  other  industries. 

No  man,  of  whatever  political  faith,  who  is  not  a  dema- 
gogue can  go  through  a  beet  field  and  visit  a  sugar  factory 
without  feeling  that  God's  sunshine  is  indeed  a  partner  with 
labor  and  capital  in  one  of  the  great  agricultural  industries. 

Are  the  energy  and  capital  invested  in  this  enterprise, 
the  hopes  of  the  farmers  and  planter  in  this  great  sugar  in- 
dustry, to  be  paralyzed?  At  whose  behest?  Is  it  possible 
that  Claus  Spreckels  has  found  favor  in  the  eyes  of  a  De- 
mocracy which  only  fourteen  months  ago  was  yelling  itself 
hoarse   in   denunciation   of   trusts? 

Mr.  Brigham,  in  1890,  Master  of  the  National  Grange,  com- 
posed of  one  and  one-quarter  millions  of  farmers,  said: 

"I  think  our  people  would  not  favor  a  bounty  on  any  com- 
modity that  we  now  produce  in  sufficient  quantities  to  sup- 
ply our  people.  There  are  many  of  them  in  favor  of  boun- 
ties.   Take,  for  instance,  sugar." 

At  the  transmississippi  convention,  held  at  Ogden  last 
spring,  a  convention  composed  of  over  600  delegates  from 
22  States,  a  resolution  passed  without  opposition  against  a 
repeal  of  the  bounty  from  or  protection  for  sugar. 

Let  no  one  suppose  for  a  moment  that  but  two  or  three 
states  growing  sugar  are  the  only  ones  interested  in  this 
industry.  On  the  contrary,  the  mechanic,  the  laborer,  the 
merchant,  and  the  farmer  in  many  states,  aside  from  the 
cane,  beet,  and  sorghum  belt  are  deeply  interested  in  this 
struggle.  Prior  to  1857  Loiiisiana  had  paid  to  Eastern 
foundries  and  machine  shops  over  $10,000,000  for  engines, 
sugar  mills,  kettles,  furnaces,  doors,  grates,  bars,  vacuum 
pans,  pumps,  water  pipes,  wagons,  and  harness.  She  had 
paid  to  Tennessee,  Ohio,  Kentucky,  Illinois,  and  Indiana 
over   $7,500,000   for   mules   and   horses   for   her   plantations. 


MEMBERS    OP    U.  S.  HOUSE    OF    REPRESENTATIVES.  553 

She  had  purchased  every  year  over  $1,500,000  of  pork,  $65,000 
of  flour,  $275,000  of  shoes,  $1,250,000  of  clothing,  half  a  mil- 
lion dollars  of  blankets,  and  $1,250,000  of  horses  and  mules, 
or  a  total  of  nearly  $4,700,000  annually.  -When  she  had  with 
a  capital  in  this  industry  increased  fourfold  and  now  reach- 
ing- $150,000,000,  her  calls  on  the  North  and  border  states  for 
machinery,  animals,  wagons,  harness,  provisions,  and  cloth- 
ing makes  an  interstate  commerce  of  $50,000,000  annually. 
Is  such  an  industry  in  such  a  state  to  be  stricken  down 
or  crippled? 

Her  product  in  1870-'71  was,  pounds  168,878,592 

In  1S90-'91  it  was    4S3,489,856 


A  gain  of  nearly  200  per  cent,  or  pounds. . .  314,611,264 

The  planters  have  invested  at  least  ten  millions  new  or 

additional  capital,  and  increased  their  planted  area  100,000 

acres  since  the  bounty  law  was  enacted,  and  on  the  faith  of 

its  continuance  as  promised  and  provided. 

LAST    ROSE    OF    SUMMER. 

He  entered  a  protest,  also,  because  binding  twine  was  placed 
on  the  free  list;  and  playfully  alluded  to  Mr.  Bryan: 

My  colleague  (Mr.  Bryan)  will  remember,  in  the  Fifty- 
second  Congress,  in  speaking  of  the  election  of  1890,  he  said 
that  he  would  not  find  fault  with  Mr.  Eeed  if  he  consumed 
his  time  in  recalling  those  words  of  Thomas  Moore,  "The 
last  rose  of  summer." 

You  will  remember  that  you  predicted  that  the  "revolu- 
tion" might  reach  the  shores  of  Maine.  Little  you  then 
thought  that  it  would  reach  the  prairies  of  Nebraska  before 
the  shores  of  Maine.  With  the  victory  of  the  Administration 
in  the  last  Democratic  convention  in  Nebraska  and  the  Re- 
publication victory  in  the  Nation  I  know  my  colleague  will 
find  no  fault  with  me  if  I  consume  sufficient  time  to  recall 
the  words  in  the  last  stanza  of  that  beautiful  anapest: 

"So,  soon  may  I  follow, 

When  friendships  decay, 
And  from  love's  shining  circle 

The  gems  drop  away. 
When  true  hearts  lie  withered, 

And  fond  ones  are  flown, 
Oh,  who  would  inhabit 

This  cold  world  alone." 

[Laughter  and  applause.] 

PERORATION. 

In  his  peroration  he  charged  Democrats  with  "wrecking  in- 


554  X&nRASKA    STATE    HISTORICAL    SOCIETY. 

dust  lies";  of  treason,  by  alliance  with  "England  and  Canada"; 
canonized  Thoreau  and  lay  under  contribution  the  rhetorical 
figure  of  Echo,  to  intensify  the  knell  of  destiny. 

"What  humiliating'  contrast,  gentlemen  of  the  majority, 
does  your  plan  and  purpose  to  wreck  the  industries  of  this 
country  present  to  that  patriotic  utterance  of  Thoreau 
which  made  him  immortal — 

"There  is  no  hope  for  him  who  does  not  think  that  the 
bit  of  mold  under  his  feet  is  the  sweetest  spot  on  earth." 

You  propose  to  sacrifice  this  industry,  destroy  this  new 
field  for  agriculture,  and  place  this  necessity  of  the  Amer- 
ican farmer  under  the   control  of  foreign  manufacturers. 

You  propose  to  give  preference  and  priority  to  foreign 
lands  and  foreign  productions.  In  this  you  have  succeeded 
in  securing  the  support  and  indorsement  of  the  Canadian 
and  English  press. 

Sirs,  pass  this  bill  and  you  will  lock  the  vaults  of  Amer- 
ican resources. 

Pass  this  bill  and  you  sign  the  death-warrant  for  Amer- 
ican  industries. 

Pass  this  bill  and  you  issue  a  proclamation  for  the  en- 
slavement of  American  labor.     [Applause.] 

Pass  this  bill  and  you  will  declare  for  the  destruction 
of  our  home  market;  the  depletion  of  the  national  treas- 
ury; the  placing  of  labor  on  a  plane  with  ryots,  coolies, 
and  kanakas,  and  the  transfer  of  American  manufactures 
to  foreign  shores.  [Prolonged  applause  on  the  Eepublican 
side.] 

SECOND    TARIFF    SPEECH. 

In  the  last  hours  of  the  53rd  Congress,  second  session,  after 
hundreds  of  speeches  had  been  delivered  upon  the  subject  of  a 
tariff  for  revenue  or  protection,  Mr.  Meiklejohn,  under  leave  to 
print,  wrote  and  filed  a  speech,  as  a  political  attack  upon  the 
Democratic  party. 

In  the  first  sentence  he  charged  "a  lowering  of  the  flag  of 
tariff  reform" — "a  surrender  without  terms.''  To  stigmatize  the 
Senate  amendments  to  the  House  bill  (634  in  number),  he  pub- 
lished the  celebrated  letter  of  President  Cleveland  to  Mr.  Wil- 
son, Chairman  of  the  W;ja«  and  Means  Committee  of  the  House, 
in  which  the  Senate  bill  was  characterized  as  meaning  "party 
perfidy  and  party  dishonor,"  involving  "outrageous  discrimina- 
i  ions  mid  violation  <\f  principle." 


MEMBERS    OF    TJ.  S.  HOUSE    OF    REPRESENTATIVES.  555 

Inasmuch  as  Democrats  had  to  conciliate  the  coal  states,  the 
iron  ore  states,  and  those  having  cotton,  silk,  tin,  glass  and 
sugar  interests  he  found  it  convenient  to  put  on  record  Senator 
Vest,  of  Missouri,  and  Senator  Mills,  of  Texas: 

No  wonder  the  Senator  from  Missouri,  in  turning-  the  cal- 
cium light  on  this  tariff  bill  and  exposing*  the  tribulations 
of  the  Democracy  in  framing  it,  was  led  to  say: 

"Sir,  were  it  not  for  this  tariff  I  could  now  indulge  in  the 
ecstacy  of  that  well-known  hymn — 

"  There  shall  I  bathe  my  wearied  soul 
In  seas  of  endless  rest, 
And  not  a  wave  of  trouble  roll 
Across  my  peaceful  breast." 

No  wonder  Mr.  Mills,  one  of  the  present  Democratic  lead- 
ers in  the  Senate  and  the  author  of  the  famous  Mills  bill, 
speaking  of  this  Gorman  compromise  bill  in  a  speech  deliv- 
ered in  the  Senate  on  the  15th  of  August,  1S94,  was  led  to 
exclaim : 

"Mr.  President,  I  have  not  risen  either  to  attack  or  defend 
the  bill  which  has  recently  passed  Congress  and  is  now 
awaiting  the  signature  of  the  President.  I  think  perhaps 
the  least  that  we  can  say  about  that  measure  the  better  it  will  be. 
It  is  the  most  remarkable  measure  that  has  ever  found  itself 
upon  the  pages  of  the  statute  books  of  any  country.  It  is 
a  phenomenon  in  political  science;  and  especially  is  it  so 
when  we  consider  that  this  is  a  popular  government  and 
that  legislation  in  a  popular  government  is  the  crystalli- 
zation of  the  public  will.  /  make  bold  to  sail  here  to-day  that 
that  bill  does  not  reflect  the  sentiment  of  one  thousand  people  of 
the  United  States. 

"I  do  not  think  I  will  be  far  from  the  truth  when  I  say 
there  is  not  a  Republican  in  the  United  States  who  favors 
it.  I  do  not  think  I  will  be  far  amiss  when  I  say  there  is 
not  a  Populist  in  the  United  States  who  favors  it,  judging  by 
the  votes  of  their  representatives  in  this  chamber.  I  do  not 
believe  I  will  be  far  from  the  truth  when  I  say  that  the  great 
masses  of  the  Democratic  people  of  the  United  States  condemn  it. 
It  is  the  product,  as  we  all  know,  of  five  or  six,  or  at  best 
seven,  members  on  this  floor." 

In  adjusting  rates  some  had  been  lowered,  some  removed,  and 
some  increased,  while  of  those  increased,  a  list  was  given  of  fifty 
articles. 

The  sugar  schedule  was  very  thoroughly  examined,  and  the 
repeal  of  bounties  denounced,  while  certain  Missouri  members 
were  warned  of  the  indignation  of  their  sugar-eating  constitu-. 
ents. 


556  NEBRASKA    STATE    HISTORICAL    SOCIETY. 

Iii  conclusion,  he  invoked  the  muse  of  History  and  called  on 

the  1K> us.-  to  join  in  the  refrain: 

Tuxe— "The  Old  Oaken  Bucket." 

"How  dear  to  our  hearts  is  our  Democratic  Congress 
A.S  hopeless  inaction  presents  it  to  view; 
The  bill  of  poor  Wilson,  the  deep-tangled  tariff, 
And  I'very  mad  pledge  that  their  lunacy  knew; 
The  widespread  depression,  the  mills  that  closed  by  it, 

The  rock  of  free  silver  where  great  Grover  fell, 
They've  busted  our  country,  no  use  to  deny  it, 
And  darn  the  old  party,  it's  busted  as  well. 
This  G.  Cleveland's  Congress, 
This  Queen  Lilly  Congress, 
This  wild  free-trade  Congress 
We  all  love  so  well. 

'"Their  moss-covered  pledges  we  no  longer  treasure, 
For  often  at  noon  when  out  hunting  a  job, 
We  find  that  instead  of  the  corn  they  had  promised, 

They've  given  us  nothing — not  even  a  cob. 
How  ardent  we've  cussed  'em  with  lips  overflowing 

With  sulphurous  blessings  as  great  swear  words  fell, 
The  emblems  of  hunger,  free  trade  and  free  silver, 
Are  sounding  in  sorrow  the  workingman's  knell. 
This  bank-breaking  Congress, 
This  mill-closing  Congress, 
This  starvation  Congress 
We  all  love  so  well. 

"How  sweet  from  their  eloquet  lips  to  receive  it, 
Cursed  tariff  protection  no  longer  uphold. 
We  listened — and  voted  our  dinner  pails  empty, 

The  factories  silent,  the  furnaces  cold. 
And  now  far  removed  from  our  lost  situations, 

The  tear  of  regret  doth  intrusively  swell, 
We  yearn  for  Republican  administration 

And  sigh  for  the  Congress  that  served  us  so  well. 
This  Fifty-third  Congress, 
This  Democratic  Congress, 
This  sugar-cured  Congress 
We  wish  was  in ." 


INDEX. 


A. 

Abbott,  Birdie,   539. 

Acting-  governor:  Furnas,  118-19; 
Morton,    23-4. 

Adams  Co.,  111.,  538. 

Address,  J  Sterling  Morton,  1859,  25- 
37. 

Adjutant-General,   199. 

Admission  of  Nebraska,  48,  59,  71,  72, 
105-7,  192;  status  of  inHabitants, 
191. 

Adrian   College,   Mich.,   440. 

Advertising,  U.   S.,   for  bids,  539. 

Agricultural  college,  113,  12G,  227; 
lands,    129,   130. 

Agricultural  experiment  stations,  185. 

Agricultural  Soc,  State,  120. 

Agriculture,  141,  418;  Congress  of, 
1893,  42;  189 %  207-8;  fair,  1859,  24; 
statistics,  359. 

Agriculture,  Sec.  of,  J.  S.  Morton,  39- 
45. 

Agriculture,   State  Board,   154,   164-5. 

Agriculture,  U.  S.  Dept.  of,  Estab- 
lishment, 418,  434;  bureau  of  sta- 
tistics,   139. 

Ainsworth,   L.   L.,  362. 

Alabama,  government  in,  3S4. 

Allegheny  Coll.,  Pa.,  216, 

Allegheny  Mts.,  539. 

Allen,  W.  V.,  elected  to  Senate,  1893, 
202;  sketch  of,  362-85;  long  speech, 
370;    304. 

Alley,  S.  S.,  529. 

Alliance  party,   177. 

Amendments:  to  Const,  of  1866,  71; 
to  Const,  of  1875,  for  investment  of 
school  fund,  198;  suffrage,  145;  to 
U.    S.    Const.,    71-2,    109,    3S8. 

American  character,  297,  530-31. 

Anderson,    Peter,    154. 

Anglo-Saxon  race,  34. 

Animal  diseases,  419. 

Animal  Industry,   bureau.   297-8. 

Ann  Arbor,   538,  550. 

Annexation,   Texas,    191. 

Anthony,  Henry  B..   214.   342. 

Anthony,  Susan  B..  145. 


Antietam,  D.   T.,   123. 

Antitoxine,   500. 

Antrim,  County,  Ireland,  333. 

Appointments,  territorial,  21. 

Appropriations:  U.  S.  military,  438; 
high,  202;    for  expositions,   506-8. 

Arbor   day,   3S-42,   122. 

Arid  region,  526-7. 

Arkansas,  545;  post,  269;  territory,  75. 

Arlington,  274. 

Army:  at  elections,  248-51;  effi- 
ciency,   294;    supplies,    455-6. 

Army  of  the  Shenandoah,  449. 

Asiatic  cholera,  155. 

Asylum,    first,    113. 

Athens,   Ohio,   386. 

Atkinson,   H.  M.,   123. 

Attorney  general,  Nebr.,  1855,  86. 

Aurora,  Nebr.,   529. 

Australian  ballot  law,  165,   184,   201. 


Balance    of   trade,   366s    376. 

Ball,  first  gubernatorial,  9,  10. 

Ballot  system,  165,  184,  201,  209-10, 
307-9. 

Baltimore  &  Potomac  B.  E.,  446. 

Bank  clearings,  1880,  1890,  359. 

Banking,  territorial.  15,  20,  27. 

Bankruptcies  of  1857,  30-32. 

Bank:  N.  Y.,  and  government 
finances,   327-8;    U.   S.,  381. 

Banks,  36S;  of  1857,  29-30;  legisla- 
tion, 168;  Omaha,  542;  So.  Omaha, 
542;    state,  537. 

Banks,  N".   P.,   Mass.,   101. 

Barbour,  John  S.,  U.  S.  Sen.,  Va., 
344. 

Barnes,  Dr.,  Surg.-Gen.,  324. 

Bartine,   Horace   F.,   Nevada,   445. 

Bastiat,  471. 

Batesville,  Ark.,  convention  of  186'i, 
218. 

Battery  K,  1st  Reg.  N.  Y.  Light  Ar- 
tillery,  395. 

Bayard,   T.   F.,   39. 

Bay  State  Live  Stock  Co.,  455. 

Beatty,   Samuel,   333,   334. 


(557) 


558 


INDEX. 


Beck,  James   B.,  U.  s.  Sen.,  Ky,,  350. 

/;,..  Omaha,  414. 

Beef    raising,   349. 

Beer,  foreign,  in  relation  to  corn,  45. 

Bed  sugar,  204,  453,  544,  551-3. 

Belknap,   W.   W.,  289-90. 

Bellevue,   8,  26,  538. 

Bellingham,   Mass.,   267. 

Benfer,    Katherine,  333. 

Bennett,    H.   P.,   79,  81. 

Bentley,    Rev.    E.,   440. 

Benton  City,   I  nil..   538. 

Benton,  T.  H.,  Missouri,  75-6,  77-8. 

Binding  twine,  474-5,  553. 

Bismarck,  town.  300-7. 

Blackburn,  J.  C.  S.,  U.  S.  Sen.,  Ky., 

348,   417 
Black  Hills  Territory,  286. 
Black,  Gov.  S.  W.,  24,  90,  91,  92,  93, 

94,  305;    sketch,  48-55. 
Black  vote,  South,  534. 
Blackfeet,   57. 
Blaine   County,   158. 
Blaine,  J.  G.,  Me.,  101,  388,  545. 
Blind,  institute,  137:  1883,  143;   1885, 

L52. 
Bloomer,  Amelia.  1856,  145. 
Bloomington,   Intl.,   104. 
Blooniington,   Xebr.,   217. 
Board    <>t'    Agriculture,     164-5,     449; 

territorial,  24. 
Board  of  Assoc.  Charities,  Women's, 

172. 
Board  of   Pardons,  170. 
Board    of  Pharmacy,    170. 
Board  of  E.  R.  Commis.,  209. 
Board  of  Transportation,  1S4. 
Bonds,    gold,    498;     Nebraska    State, 

1S66,  109;  E.  R.,  399-400;  relief,  203; 

state,    1875,  128;    U.   S.,  364. 
Books,  free  text,  184. 
Boundaries,   Louisiana  purchase,   75. 
Boundary      line,     Nebraska-Dakota, 

si  raightening  of,  312. 
Bounties,    381,    551-3;      sugar,     168-9, 

204,   535-6. 
Bounty   lands   for    Xebr.   Volunteers, 

102. 
Bouleware,   John,    81. 
Bourbon  County,   Ky.,  61. 
Boston   Bigh  School,   410. 
Boston  Journal,  270. 
Bowling  Green,   civ.   war.   341. 
Boyd,   James     K..    174,    539;     sketch, 

L76-201. 
Boyd,  Joseph.    L94. 
Boyd   Opera    Souse,   176,. 


Boyle,  Gen.  N.  C,  334. 

Bunker  Hill,  410. 

Burchard,  II.  C,  111.,  U.  S.  Ho.,  399. 

Bureau  Animal  Industry,  297-8. 

Bureau  of  Labor,   169. 

B.  &  M.  E.  E.,  131,  148;  law  dept., 
387. 

Burrows,  Julius  C,  465. 

Burt  Family  genealogy,   1,  note. 

Burt,  Francis,  1,  2,  4. 

Bushnell,   Allen   E.,   Wise,    477. 

Business   failures,   359. 

Butler,  Gen.  B.  F.,  231,  235,   264,   396. 

Butler,  David,  22,  23,  71,  72,  177,  387, 
410,  note;   sketch,  107-17. 

Bridge    lands,    129. 

Bridge  tax,  U.  P.  E.  E.,  409. 

Briggs,    Clinton,    115. 

Broken  Bow,  206,  517. 

Broker,  Geo.  H.,  39. 

Bronson's  Letter,  New  York  poli- 
tics.  315. 

Brooklyn  Navy  Yard,   86. 

Brooks',   Mr.,   of  N.  Y.,   101. 

Brown,  Aaron  V.,   87. 

Brown,  James  D.,  333. 

Brown,   John,   315. 

Brown,  Eebecca  S.,  333. 

Brownville,  8,  120,  538. 

Brownville  College,  218. 

Brownville,   Ft.   K.   &  P.  E.   E.,   131. 

Brules,   57. 

Bryan,  William  J.,  553;  sketch  of,  462- 
500. 

Buchanan.   James,   21,   22. 

Buffalo  County,  86,  87,  96.  176. 

Buell,  Gen.  Don  Carlos,  341. 

Buena   Vista,   battle  of,   17. 

Buffalo,  N.   Y.,   86. 

Building   of   railroads:     Pacific,   68. 


Cadiz.   Ohio,   216. 

Calhoun  County,  87. 

Calhoun,  John  C,  345. 

California,  admission,  75. 

California  Pacific  E.  R.,  269. 

Cameron,   Simon,  242. 

Campaign  of  18^0,  48;  1860,  22:    1864, 

100;    1866,   22;    1890,    177,   462;    1892, 

23,  462-4;  189Jh  464. 
Candidate,    congress,    1859,    89;    1860, 

89;    election,   1882,   149. 
Cannon,  Geo.  Q.,  402. 
Canton,  O.,  333,  336;   Zouaves.  333. 
Canvass     of     votes:     terr.   delegates. 

1860,  91;    election,   1890,  177. 


INDEX. 


559 


Capital,  territorial,  7,  8,  112. 

Capital  of  U.  S.,  539. 

Capital,   state,   112,    154-5. 

Capitol,  territorial,   5,   13,   102,   113. 

Casey,  Gen.   Silas,  339. 

Casper,  Charles  D.,  439. 

Cass  County,  97,  386. 

Cattle,  421-2;   industry,  349,  437,  542; 
Texas  fever,  166-7. 

Caucus   rule,   U.   S.   Senate,   222-4. 

Cavalry,   1st   Nebr.,  268. 

Cavalry,   2nd   Nebr.,  57,    122,   123. 

Cigarettes,   157. 

Cincinnati,    539. 

Citizenship,    532-5;     case    of    Thayer 
vs.    Boyd,   174-5,    18S-97. 

Civil   service,   322-3. 

Civil  War,  61,  100-1;  Nebraska,  62-5; 
U.  S.  Senate  during-,  213-4.  Bat- 
tles: Atlanta  campaign,  335; 
Bowling-  Green,  341;  Donelson,  341; 
Glover's  Gap,  334;  Lee's  surrender, 
215;  Lovejoy's  Station,  334;  Mill 
Springs.  341;  Mannington,  334; 
Nashville,  341;  New  Hope  Church, 
335;  Pittsburgh  Landing,  341; 
Eich  Mountain,  334;  Shiloh,  334, 
341;  Stone  Biver,  334,  335.  Eegi- 
mexts:  79  Indiana  Inf.,  335-6;  7 
la.  Cav.,  415;  27  la.  Inf.,  135;  32 
la.  Inf.,  362;  11  111.  Cav.,  501;  9  Kv.. 
335-6;  16  Mich.  Inf.,  427-S;  3  Mo., 
135;  1  Nebr.  Inf.,  414;  19  Ohio  Inf., 
334-5;  6  West  Ya.  Inf.,  449;  5  Wis. 
Vol.,  439. 

Cedar  Mountain,  civ.  war,  395. 

Cemeteries,   national,   276. 

Census,  185J/,   8. 

Centennial  Exposition,  1876, 124-5,  139. 

Certificate    of    election:     terr.    dele- 
gate, 1860,  91. 

Chambersburg,   86. 

Chandler,  Wm.  E.,  U.  S.  Sen.,  382. 

Chapin,   E.   H.,  462. 

Chapman,   B.  B.   sketch,   79-S1;    82. 

Charities,   board   of,    155. 

Chase,  Kate    (Mrs.  Anthony),   214. 

Chase,  Salmon  P.,  231. 

Chicago,    540;      convention,    I860,    56, 
61;    fair,  1865,  67. 

Chickasaw   Bayou,   269. 

Chief  Justice,  terr.,   91. 

Clark,  S.  H.  H.,  Supt.  U.  P.  E.  E.,  409. 

Clarke  County,  Ohio,  386. 

Classes  of  senators,  ascertaining,  212. 

Clay  County,  96. 

Clay,  Henry,   213,   216,  470. 


Clayton  County,  la.,  135. 

Clearing  houses,  Omaha,  359,  542. 

Clerks  of  committees,  U.  S.  Senate, 
325. 

Cleveland   democrats,   207. 

Cleveland,   Grover,  39,   362,   535,   554. 

Cleveland  Land   Company,   83,   84. 

Cleveland  precinct,   83,  85. 

Coal,    108. 

Cobb,  Howell,   87. 

Cochran,  Bourke,  513. 

Code   of  Iowa,   in   Nebraska,   12. 

Codification  of  laws:  1855,13;  1871,86. 

Coinage,  365,  367,  368,  370-79,  422-3,  476, 
479,  491-515. 

Colby,   Gen.  L.   W.,   166. 

"Collective  Naturalization,"  175, 190-7. 

Collector,   port   of   New   Orleans,   89. 

Colorado,  admission,  2S0-2. 

Colored   people   in   congress,   308. 

Columbia,   Mo.,  529. 

Columbian  Exposition,  173-4,  1S5,  201, 
506-S. 

Commerce,  interstate,  312. 

Commission,   Mo.   Eiv.,   536. 

Commissioner  of  labor,  169. 

Commission.    1891,    199. 

Committees,  U.  S.  Senate,  337. 

"Condition  precedent."   71,   72. 

Conger,   Omar   D.,   Mich.,   412. 

Congressional  districts  for  presiden- 
tial  electors,  201. 

Congregational    church,    149. 

Congress,  duty  as  to  slavery,  89;  in 
civil   war.  401;    53rd,  537;    54th,   539. 

Conklin,  Eoscoe,  101,  213,  247,  258, 
271-3. 

Connell,  W.  J.,  426;   sketch,  443-8;  462. 

Contest:  Bennett  vs.  Chapman,  79- 
81;  Boyd-Thayer,  177;  Chapman 
vs.  Ferguson,  82-5;  Daily  vs.  Esta- 
brook,  86. 

Contraction   of   currency,   369. 

Constitution   of   U.   S.,   109,   532-5. 

Constitution    of  1866,   71,   211. 

Constitutional  Convention,  call  for, 
1860,  211;  1871,  86,  336,  421;  1875, 
149,  194,  314,  336;    C.  C,  Colorado,  283. 

Convention,  National:  1st  republi- 
can, 89;  national  repub.,  1880,  149; 
"Pittsburgh  Soldiers,"  1865,  314; 
presidential,   I860,    100. 

Convicts,    insane,    200. 

Cooley,   Thomas   M.,    538. 

Corn,  1854,  26;  exports,  34,  45;  sta- 
tistics,  359,   360. 

"Corn  is  King,"  quoted,  120-21. 


560 


INDEX. 


Corporations,   L79,  328,  330,  331. 
Corruption,     -National      government, 

546. 
Cottonwood  Springs,  97. 
Council    Bluffs,   547. 
Court    house,    U.    S.,    Omaha,   .'594. 

(  -i.  I.  S.  supreme,  533. 

i  owans\  ille.    Canada,    443. 

Cox.   Nicholas   N..  Tenn.,  479. 

Creamery   industry,   529. 

Crete,    l  18. 

(  riminal  code,  repeal  of,  16,  17.  IS. 

Crittenden,  Gen.  Thos.  L.,  334,  341. 

(rook.   Fort,   538. 

Crop   failures:     grasshoppers,    132-4; 

1SH,  207-8. 
Crounse,      Lorenzo:       As      governor. 

202-.">:     as    congressman.    395-409. 
Culpepper  County.  Va.,  61. 
<  uming,    Thomas   B.,    2;    sketch,   3-S, 

9,  10.  11,  16. 
Cuming.   Mrs.   T.   B.,   10. 
Currency.   46-7,   476,   495.   537. 
Curtis,   Geo.   William,   39. 
Custer  County,  517. 
Custer,  Gen.  Geo.  A.,  294-5. 
Custis,    Washington   P.,    274. 
Cutcheon,   Byron    M.,   426. 

D. 

Daily,     Samuel    G.,    22,     86,     87,     SS; 
sketch,  89-99;    267. 

Dakota  Territory,  95. 

Davidson,    Mrs.   Fleming,    10. 

Davis,  C.  K.,  Miss.,   316 

Davis,  Garrett,  213. 

Davis,   John,   46S. 

Davis,   Mrs.   O.  F.,   67. 

Dawes  County,   158. 

Dawes,  H.  L.,  Mass.,  347,   393. 

Dawes,   James   W.,   120,    177;    sketch; 
148-59. 

Dawes,   John   H.,    14S. 

Dawson:  Anne,  John, William, 1, note. 

Dayton,  William  L.,  New  Jersey,  89. 

Deadlock,    legislature,   1891,    179. 

Deaf  institute,  137-8,  14:!.  152. 

Deaver,   D.   C,   539. 

Debt,    358. 

Decatur,   410. 

Dech,  William  H.,   529. 

Deep-water  harbor,  169. 

Deficiency,  1893-1895,  197. 

Delegates  to  Congress.  77-103. 

Democrats:  t870,  72;  1890,  177;  Cleve- 
land. 207;  Douglas,  22;  governors, 
1.78,206;    on  admission  of  state,  71. 


Demonetization  of  silver,  327-8. 

Denver,  541. 

Dept.  of  agriculture,  U.  S.,  43,  416. 

Desert    region,    526-7. 

Des   Moines,   541. 

Detroit  Free  Press,  21. 

Dickinson   College,   S6. 

Dillon,  Sidney,  409. 

Dingley  Nelson,  Jr.,  Me.,  465. 

Distillery,  542. 

Distribution   of   seeds,   U.   S..  44. 

District    Attorney,    terr.,    91. 

District  of  Columbia  Reform  School. 

285. 
District  of  Louisiana,  74-5. 
Divorce,  1855,   13,   14. 
Doane  College,  Crete,  149. 
Doane,   G.   W.,    538. 
Dockery,  A.  M.,  Mo.,  453. 
Dodge  County,  97. 
Dodge.  J.  R.,  U.  S.  dept.  ag.,  450. 
Doon,  J.   E..    115. 
Dorsey,   G.  W.  E.,  444,  449-54,   517. 
Douglas  County,  63,  194,  543,  546. 
Douglas   democrats,  22. 
Douglas,   S.   A.,   17,   235. 
Dragoons,  2nd  U.  S.  A.,  24. 
Drouth  sufferers,   172-3,   184-5,   207-8; 

measures  by  counties,  202. 
Dry  region,  U.  S.,  526-7. 
Dudley,  E.  S.,  268. 

Duncan.  W.  A.,  U.  S.  Congress,   Pa.,  342. 
Dundy,  E.  S.,  54. 


Edgerton,  J.  W.,  443. 

Education:  158,  162,  198-9.  54S-9: 
1873-75,  130;  1875-76,  137;  1880,  296; 
1881,  142;  1883,  143;  1885,  153;  al- 
cohol, 147;  school  books,  1S4;  uni- 
versity, 113,  120,  130,  137,  143,  154, 
162,  199,  538;  normal  school,  138, 
143,   153-4,  162. 

Bight   hour   law,  447. 

Elder,  S.  M.,  177,  186,  187-8. 
\   Kldridge,  Charles  A.,  406. 

Election:  1855,  77,  79;  1856,  21;  1857, 
82;  1858,  89;  1860,  22,  91;  1862,  89; 
186 %  100;  1866,  23,  114-15,  386;  1868, 
115;  1870,  115;  1882,  23,  149;  1884, 
23,  149;  1886,  455;  1888,  443;  1890. 
177;  1892,  529,  550;  189  Jf,  529,  539; 
laws,  307-9,  532,  533;  presidential, 
14,  15-16,  185,  521,  534;  senatorial, 
110,  185,  202,  330-2;  U.  S.  troops  at, 
248-9. 


IXDEX. 


561 


Elective  franchise,  const,  of  1S66, 
107;    209-10. 

Electoral  votes,  president,  1SSS,  350. 

Electors,   presidential,  1868,   111. 

Emancipation   of   slaves,   65-6. 

Employers,   545. 

Enabling-  Act.   186',,    105,    106,  211. 

Estabrook,  Experience:   sketch,  S6-8. 

Escheat,   case   of,   154. 

Executive  office,  work  of.  170. 

Executive,  state:  pardoning  power, 
127. 

Expositions:  Boston,  120;  Centen- 
nial, 1876,  120,  125,  134,  139;  Colum- 
bian, 173-4,  185,  201,  506-8;  Cotton, 
1S8.5,  120,  121,  152,  155;  Paris,  1867, 
389;  Kichmond,  120;  Vienna,  1874, 
125;   Sunday  opening,  354. 

Experiment  stations,  44,  185. 

Express  company  rates,  200. 

Express,   Wells,   Fargo   &   Co.,   393-4. 

Extra  session:    1858,  17,  18. 

F. 

Failures:  business,  359;  crop.  1890, 
183;    1894,  207-S. 

Fairs:  36;   Nebraska  City,  1859,  24. 

Falls  City,  96,  421. 

Farm:  animals,  statistics,  360;  land, 
1854,  26;  life,  Nebr.,  545-6;  pro- 
ducts, 1893,  360;  statistics,  1SS0, 
1890,  358  359. 

Farming,  beginning  of,  in  Nebr., 
26-37. 

Farnsworth,  J.  E.,  111.,  Congress,  393. 

Faulkner,  C.  J.,  U.  S.  Sen.,  W.  V.,  381. 

Fayette  County,  Ky.,  17. 

Federal  election  laws,  532.   533. 

Feeble  Minded  Institute,  170-71. 

Fees,  land  registration,  458. 

Ferguson,  Fenner:   sketch,  82-5. 

Ferguson,  Mrs.  Fenner,   10. 

Fillmore,  Millard,   89. 

Finances,  national,  46-7,  245,  453, 
508-15,  51S.  Nebraska:  107,  108,  202; 
territorial,  51,  73;  1856-7,  27-8,  30; 
1862,  62-3;  1866,  109;  1867,  58; 
1S71-2,  114,  118;  1873-5,  12S;  1874-6, 
137;  1878,  139;  1883,  143;  1885,  152; 
1887-90,  161;  1893,  197-8;   1895,  203. 

Finch,    John   B.,    146. 

Fire-arms,  Indians,  185. 

First   Nebraska    cavalry.    268. 

First  Nebr.  infantry,  218,  268. 

Fish  commission,  154,  167-8. 

Fish   culture,   139. 

Fleming  County,   Ky.,   61. 

37 


Florence,  8. 

"'Florence  legislature,"  8,  17. 

Florence   precinct,   83,  84. 

Florida  treaty,  Spain,  191. 

Fontenelle  bank  money,  27. 

Foraker  Joseph  B.,  Ohio,  462. 

Force  Bill,  opposed,  185. 

Forestry,  38-42,  279,  290. 

Fort  Crook,  538. 

Fort  Donelson,  268,  341. 

Ft.  Kearney,  24,  176. 

Ft.  McPherson,  225,  400. 

Ft.    Randall,    400. 

Fort    Sill,    289. 

Forts,  U.  S.  approp.  for,  400-401. 

Fowlersville,  N.  Y„  440,  444. 

Fox   Lake.   Wis..   148. 

France  &  Louisiana  Purchase,  74, 191. 

Franchise,  Const,  of  1866,  71;  elective, 

209-10,  226. 
Fraudulent  voting,  83,  84,  86,  88,  91-9. 
Free  coinage,  422-3.,  445,  501-15;  asked 

by   legislature,    186. 
Free-state   conventions,  1864,  218. 
Free  trade,  511-12,  530-32. 
Freighting  on  plains,  270-71,  2S5. 
Freight   rates,   maximum,    bill,    179ff., 

200. 
Fremont,  S9. 
Fremont,    John   C,    39,   449;    election 

of  1856,   16. 
|  F„  E.  &  M.  V.  R.  R.,  131. 
j   Frontier:    conditions,   131-2,   400-401; 

military  companies,  139. 
Fruit   displays,    expositions,   120. 
Fuller,  Chief   Justice,   189. 
Fulton  County,  111.,  501. 
Fundamental  condition  of  admission, 

211. 
Funds,  for  first  capitol,  Omaha,  5. 
Furnas,   B.   W.,   24-5,   3S,   57.    US,    136, 

155,  177,  390;   sketch;   120-24. 

G. 

Gag-rule,  Congress,  405-6,  446-7. 

Gage  County,  96;   bridge  lands,  131. 

Galveston,  city,  186;  harbor,  1S6. 

Gambling,   grain,   302-3. 

Game,  267. 

Garber,  Silas,  177;  sketch,  135-40. 

Harden  Grove,  la.,  529. 

Garden   State,   36. 

Garfield,  James  A.,  101,  103,  324,  339. 

(iarfield,   Mrs.   J.  A.,  324. 

Gartrell,  — .  — .,  88. 

Gavel,  for  S.  M.  Elder,  1S6. 

Geneva  Lake,  Wis.,  86. 


562 


INDEX. 


Geological   survey,   102,  103. 

Gibson,  EL   I...  Q.  S.  Son.,  La.,  345. 

Giddings,   X.  B.:  sketch,  77-8,  81. 

Gilbert,  Gen.  J.  I.,  362. 

Gill,   Lieut.   Wm.  G.,  24,  note. 

Gillespie,  John.  112. 

Girls'    industrial   school.   185. 

Glover's  Gap,  334. 

Gold,  as  money,  365,  366,  367,  370-80. 

( }ood  Templars,  146. 

Gorman,  A.  P..  U.  S.  Sen.,  Md.,  354. 

Could.  Jay,   409. 

Governor's  office,  work  of,  170. 

Grading   railroad,    176. 

Graham,  E.  B..  443. 

"G.    A.    K.."  348. 

Grand   Island,   206;    Soldiers'   Home, 

171-2. 
Grange,  National,  553. 
Grant,   U.    S.,  233,    252,    273,   274,    339, 

340,  341. 
Grasshopper  raids.   132-4. 
1 1  razing  grounds,  437. 
Great  American  Desert,  25.  ' 
Grain   speculation,    302-3. 
Greensboro,  534. 
Greenville,   Tenn.,   215. 
Guard,   national,   199. 
Gun  supplies,  U.  S.,  329-30. 

H. 

Hainer.  Eugene  J.,  45-6,  529-37. 

Hale,  Eugene,  Me.,  347. 

Hall,  Geo.  A.,  1,  note. 

Mall  family,  1,  note. 

Hamilton,  Alexander,  470. 

Hamilton  County,   206. 

Eansborough  bill,  43. 

Hanscom,  Mrs.  A.  J.,  10. 

Harbor,  Galveston  deep-water,  186. 

Harris,  John,  333. 

Harrison,  Benjamin,  454,  511. 

Harvard  Univ.,  421. 

Haskell  Univ.,  Wis.,  439. 

Hastings,    440;    insane    asylum,    172, 

203-4. 
Hatch  bill,  congress,  435. 
Hatcheries,   state,   167-8. 
Hawaiian    message,  Cleveland's,    535. 
Hay,  statistics,  359. 
Hayti,  252. 
Hayward,  Thomas.  Mr.  and   Mrs.,  1, 

note. 
Headly,  T.  J.,  39. 
Health,  board    of,  155,   158,   185. 
Henderson.    David    B.,  la.,   500. 
Herald,  quoted,   9. 


Historical    Society,    State,    120,    157, 

200;   lots,  130. 
Hitchcock,    P.   W.,   38,   56,    100-3,    305, 

386;    sketch  of,  as  senator,  279-86. 
Hitchcock,  Gen.  E.  A.,  339. 
Hillsdale   County,   Mich.,   427. 
Hoar,  Geo.  F.,  U.  S.  Sen.,  Mass.,  381. 
Hog   industry,    542. 
Holcomb,  Silas  A.,  206-10. 
Home  for  feeble  minded,  170-71. 
Home  for  the  friendless,  144,  152,  164. 
Home  for  soldiers,   171-2. 
Home  for  women,  Milford,  172. 
Homestead    Law,   69,    70;    change    of 

time,  132. 
Homestead  affair,  Pa.,  476. 
Horticultural  Society,  State,  120,  154, 

155. 
Horses,  statistics,   360. 
Hospital  for  insane:     see   "Insane." 
Houk,  George  W.,  Ohio,  493. 
House  of  Reps., U.S., clerk  hire,  432-4. 
Howe,   Church,   39,    455. 
Hudson,  Mich.,  444. 
Hudson,  N.  Y.,   410. 
Hungary,   529. 
Hunt,  Gen.  Henry  J.,  432. 
Hunter,  Gen.   David,    339. 
Huntington   County,  Pa.,  216. 
Hunton,  Eppa,  U.  S.  Sen.,  Va.,  381. 


Illinois:  state  attorney,  1 835,  17; 
farmers'  association,  501. 

Immigration,   14,  105,   139. 

Importation  of  corn,  1857,  34. 

Improvement,  Missouri  R.,  538. 

Impeachment  of  Andrew  Johnson, 
229-38,  391. 

Impeachment  of  Butler,  115-17,  387. 

Income  tax,  472,  489,  524-5. 

Indebtedness:  territorial,  18;  Doug- 
las County,  63;  in  West,  298. 

Independent  party,  177. 

Indianapolis,  Ind.,   390. 

Indianola,  la.,  529. 

Indians:  1867,  272;  agents,  conduct, 
408;  character,  299;  civilizing  of, 
310-12;  Indian  department,  139, 
269-70,  391,  392,  393,  397-8;  land,  26, 
98,  289;  legal  status,  185;  liquor 
law,  147;  occupancy,  34;  Omaha, 
122;  Pawnee,  176;  Sioux,  122,  176; 
Stockbridge,  190-91;  warfare,  57,  70, 
102-3,  166,  224,  284,  294. 

Industrial  conditions,  516. 


INDEX. 


563 


Industrial     school:       Kearney,     163; 

Geneva,  185. 
Infantry,  1st  Nebraska,  218,  268;   U. 

S.,  345. 
Information,   power   of   Congress   to 

compel,   369. 
Ingalls,  J.  J.,  103. 
Ingersoll,   H.  G.,   149. 
Ingersoll,  Robert,  506. 
Insane  convicts,  200. 
Insane   hospitals:      113,     157,     203-4; 

lands,  129;  trustees,  449;  Hastings, 

172;  Lincoln,  138,  152,  163;  Norfolk, 

171. 
Interest  rates,  50-51. 
Internal  improvement  lands,  131. 
Internal     revenue,     U.     S.     assessor, 

1865,  218,  219. 
Interstate  commerce,  312. 
Interstate  rates,   182. 
Inspection  of  meat,  44. 
Insurance,   interstate,  102. 
Investigation,  U.  S.  politics,  243,  246. 
Iowa   Agric.   College,   529. 
Iowa  University,  Fayette,  362. 
Irrigation,  170,  204,  208,  519-21,526,  547. 
Isthmian  Canal,  347. 
Izard   County,  87. 
Izard,  James,  10. 
Izard,    Gov.    Mark   W.,    6,    8,    27,    267; 

sketch  of,  9-16. 

J. 

Jackson,   "Stonewall,"  275. 

Jacksonville.   111.,   462. 

James,  W.  H.,  118-19. 

Jefferson  City,  Mo.,  537. 

Jefferson  County,  N.  Y.,  21,  note. 

Jefferson  County,  la.,  414. 

Jefferson,  Thomas,  474,  551. 

Jeffersonville,  Ind.,  455. 

Jobbing  houses,   Omaha,   542. 

Johnson,  President  Andrew:  211, 
214-15,  227-38,  272,  273,  391;  appoint- 
ments, 218;  policy,  Nebraska  poli- 
tics, 23;  veto  of  Nebraska  bill  of 
admission,   211. 

Johnson   County,   97. 

Johnson,  Hadley  D.,  81. 

Johnson,  Reverdy,  U.  S.  Senator,  213. 

Johnston,  William  A.,  1,  note. 

Joint  resolution  pro  Ferguson,  1858, 
82-3. 

Jones,  Mrs.  A.  D.,  10. 

Jones,  Geo.  W.,  Iowa,  80. 

Judicial  Districts,  1st,  421;  3rd,  443; 
9th,   362. 


Judges,  territorial:  Black.  48. 
Juniata,  444. 

K. 

Kansas  City,  87,  541. 
Kansas-Nebraska  bill,  26. 
Kansas  slavery  agitation,  4. 
Keiper,  Geo.  F.,  550. 
Kern,   Omer  M.,  517-28. 
Kenesaw  Mt.,  342. 
Kennard,   T.  P.,   112. 
Kensington,   Pa.,   421. 
Keosauqua,   la.,   415. 
Kettelwill,  J.  P.,   529. 
King,  Gen.  Rufus,  339. 
Kinney,  Judge  J.  F.,  89. 
Kneflar,   Gen.   Fred,   334,   336. 
Knox  College,  Galesburg,  111.,  141. 

L. 

Labor:  35-6,  545;  bureau  of,  169; 
protection  of,  321,  323. 

Lafayette,   111.,   141. 

Laird,  James,  343,  391,  421,  426,  439, 
440,  443-5,  456,  457,  501;  sketch  of, 
440-2. 

Lancaster  County,  97;  village,  112. 

Land  office,  U.  S.:  No.  Platte,  390; 
McCook,  439;  agents,  457;  Laird, 
432. 

Lands:  educational,  155;  grazing, 
437-8;  Indian,  26;  internal  improve- 
ment, 129;  Lincoln  lots,  130;  mort- 
gages, 298;  public  buildings,  129; 
railroad,  131;  sale,  under  act  of 
2-15-'69,  114;  sales,  162;  school,  130, 
198;  state,  129;  land  system,  456; 
Texas  Pacific  R.  R.,  326;  univer- 
sity, 130;  western  Nebr.,  519-21. 

Land  sharks,  Washington,  D.  C,  419. 

Law  dept.,  Mich.  Univ.,  550. 

Laws,  revision,  139. 

Laws,  G.  L.,  426,  444;   sketch,  439-42. 

Lead,   white,   542. 

Leavenworth,  Kan.,  456>. 

L'eau  que  Court  Co.,  87,  95,  96,  97. 

Lee,  Gen.  R.  E.,  274,  275,  276. 

Legal   day,   447. 

Legal   holidays:     arbor   day,   122. 

Legislation,     recommendations,     150. 

Legislature:  1855,  3,  21;  1857,  29; 
1863,  63;  1867,  211;  1st  state,  1866, 
71,  104-10,  219;  1868,  110-11;  1881, 
146;  1883,  157;  1885,  147;  1891,  177, 
185,  202. 

Levy,  David,  case  of,  191. 

Libraries,  public,  200. 


564 


INDEX. 


Library .  state,  i">4. 
Lieut.-governor,  177.  550. 

Lincoln,    w:,.    114.    541;    city    lots,    l.:u. 
Lincoln,  Abraham,   61,    100,    155,   218, 

316,  339. 
Lincoln  Si  cam  Mill  Co.,  130. 
Lincoln.  Territory  of,  306-7. 
Liquor,  Indians,   185. 
Liquor  license.  146-7. 
Liquor  laws.  12,  13. 
Lis  comb,  la..  550. 
Linseed  oil,  542. 
Literature,   Nebraska,   24. 
Live     Stock     Sanitary     Commission, 

L66-7. 
Livingston  Countjr,  N".  Y.,  444. 
Location  of  capital,  7,  8,  15,  112. 
Logan  County,  Nebr.,  158;   Ohio,  135. 
Logan,   Gen.   John   A.,   231,    257,   264, 

288-9,  310,  340,  342,  347,  423. 
Lone  Tree,  gavel  from,  186. 
Loudoun  County,  Va.,  61,  449. 
Louisiana:      557-8;    purchase,    50,    74, 

106,  107,  191. 
Loup  County,  179. 
Loyal  Legion,  D.  C,   337. 
Lumber,   tariff,   453. 

Mc. 

McAdoo,  William,  N.  J.,  436. 
McAllister,  Ward,  490,  491. 
McClellan,  Gen.  G.  B.,  100,  334. 
McFarland,  Noah  C,  U.  S.  land  office, 

436. 
McKee,  Geo.  C,  Miss.,  U.  S.  Ho.,  403. 
McKeighan,  William  A.,  501-16. 
McKenna,  Joseph,  Calif.,  466. 
McKeon,  Utah  terr.  court,  405. 
McKinley  bill,  356,  511,  545. 
McKinley,  William,  462,  468,  469. 
McPherson,  fort,  225,  400. 
McPherson,  J.  P.,  365,  375. 
McPherson,  Gen.   James  B.,  340. 
McRae,  Thomas  C,  Ark.,  544. 
McShane.   John    A.,    455-61. 

M. 

MacCuaig,  1)..  45. 
Madison  College,  Pa.,  216. 
Madison  County.   Ohio,  362. 
Madison,  James,  551. 
Madison,  town   of,   362. 
Mail    subsidy,   324. 
Majority  rule,  369. 
Ma  jors, Thomas  J.,  111-12,  178;    sketch 
of,    H4-20. 


Mandamus,  case  of  Boyd  vs.  Thayer, 
174. 

Manderson,  Chas.  F.:  sketch,  333-61. 

.Manderson,  John,  333. 

Mannington,   334. 

.Manufacturing,  Omaha,  542. 

Manzy,  Mary,  61. 

Marengo,  483. 

Marion  Academy,  118. 

Marion  County,  111.,  462;   Ohio,  118. 

.Marquette,  T.  M.,  54,  56,  212;   sketch 
of,  386-9. 

Marshal,  U.  S.,  9,  404-5. 

Martin,   Gov.,  Kansas,  39. 

Mason  &  Dixon's  line,  75. 

Master   in   chancery,   538. 

Matthews,  Lois,  1,  note. 

Maximum  freight-rate  bill,    179-83. 

May,   Col.   Charles,  24. 

Maynard,  Horace,  Tenn.,  396. 

Meat,   inspection,  44. 

Medical  schools,  bodies  for,  157. 

Meiklejohn,  George  D.,  550-56. 

Mercer,  David  H.,  538-49. 

Mercer,  John,  538. 

Messages  of  governors:  Territorial 
—Cuming,  1855,  3,4;  Izard,  1855,  13 ; 
id.,  1857,  14,  15;  Black,  1859,  48-50; 
id.,  1860,  50-3;  Saunders,  1861-2,  62, 
67,  69;  id.,  1864,  63-5,  66,  67,  70; 
id.,  1865,  70;  id.,  1866,  65,  68,  69,  70; 
id.,  2-20-1867,  71;  id.,  parting  mes- 
sage to  people,  3-27-1867,  72-3;  Pad- 
dock, 1867,  57-8.  State— Butler, 
1866,  in  full,  104-10;  id.,  May,  1867, 
110-11;  James,  1873,  118;  Furnas, 
1873,  124,  125;  id.,  1875,  125-34;  Gar- 
ber,  1875,  135-6;  id.,  1877,  136-9;  id., 
1879,  139;  Nance,  1881,  141;  id.,  1883, 
142;  Dawes,  1883,  149;  id.,  1 885,  152; 
id.,  1887,  158;  Thayer,  1887,  160; 
id.,  1889,  161-2;  id.,  1891,  162-74; 
Boyd,  1891,  174,  178-9;  id.,  1893,  197; 
Crounse,  1893,  202;  id.,  1895,  202-5; 
Holcomb,  1895,  207-10. 

Mexican  treaty,  18^8,  191. 

Mexican   war,   17,   48. 

Miami  County,  Ohio,  120. 

Michigan  University,  21,  440,  550. 

Midland  Pacific  P.  P.,  131. 

Mileage,  railroad,  1875,  131. 

Miles  family,  marriage  connection 
with  Burt  family,  1,  note. 

Milford  Home  for  Women,   172. 

Military:  1863,  122,  123;  1875-76,  139; 
frontier,  109,  224,  397-8;  Saunders' 
proclamation,  1861,  62. 


INDEX. 


565 


Militia,  70,  109. 

Mill  Springs,  civ.  war,  341. 

Miller,  G.  L.,   535. 

Miller,  Mrs;  G.  L.,  10. 

Miller,  J.   B.,  149. 

Mills,  Roger  Q.,  U.  S.  Sen.,  Tex.,  555. 

Milton  College,  Wis.,  439. 

Mines,  108. 

Minneapolis,    539,    541. 

Mission  House,  Bellevue,  1. 

Missouri  compromise,  52,  75. 

Missouri  Terr.,  75. 

Missouri  River  Commission,   536. 

Missouri   R.    improvement,    312,    538. 

Money  system,  U.  S.,  327-8,  365,  509-15. 

Monopoly,  525. 

Monroe  County,  Ind.,  104. 

Monroe  precinct,  Platte  Countv,   83, 
84,  96,  98. 

Moore,  Thomas,  poet,  553. 

Moore,  W.  E.,  19,  note. 

Morgan  County,  O.,  148. 

Mormonism,  402-7;  Utah  commis- 
sion, 325. 

Mormon   precinct   (Monroe),   83,  96. 

Mortgages,  western,  298. 

Morton,  Abner,   21,  note. 

Morton,  J.  Sterling,  81,  89,  90-99,  110, 
114,  149,  219,  443;  sketch  of,  21-47; 
contest  with  Daily,  90-99. 

Morton,  Julius  D.,  21,  note. 

Morton  Oak,  41. 

Morton,  Oliver  P.,  214. 

Mouck,  Joanna,   1,  note. 

Mt.  Pleasant,  la.,   61. 

Mud  sills,  416. 

Municipal  ownership,  525-6. 

Muskingum  County,  O.,  194. 

Myers,  J.   G,   115. 

"My  policy,"   215. 

N. 

Nance,  Albinus,  177;    sketch,  141-7. 

National  Board  of  Health,  155. 

National  campaign,  100. 

National  currency,  537. 

National  Grange,  553. 

National  Guard,   166,  199. 

National  repub.  committee,  149;  con- 
vention,  1880,    149. 

National   roads,   353. 

Naturalization,  Boyd-Thayer  case, 
175,  188-97. 

Naval  approp.,  476. 

Nebraska,  name,  76. 

Nebraska,  general  characterization, 
1879,   294. 


Nebraska  Center,  410,  note. 

Nebraska  City,  8,  21,  26,  102;  fair, 
1859,  24;   News,  21;   Press,  39. 

Nebraska  Industrial  Home,  172. 

Nebraska  Belief  and  Aid  Society, 
132. 

Nebraska  Belief  Commission,  1891, 
199. 

Negro  vote,  534. 

Nelson,  Gen.  William,  341. 

Nemaha  County,  89,  97;  first  newspa- 
per,  120;    agricultural  society,   120. 

Nemaha  Valley  bank  money,  27. 

New  Buda,  la.,  529. 

New  England  Coloniz.  Societies,  78. 

New  Lexington,  O.,  455. 

New  Mexico,  admission,  283-4. 

New  Orleans,  1885,   152;    155. 

Newspapers  as  mediums  for  govern- 
ment advertising,  539. 

New  York  Tribune,  270. 

Nominees,  republican,  1866,  219. 

Non-resident  candidates,  80,  81. 

Norfolk  County,  Mass.,  267. 

Norfolk  Insane  hospital,  171,  203-4. 

Normal  school,  138,  143,  153-4,  162. 

Normal   school   lands,   129. 

Normal,  Wise,  state,  550. 

North  Carolina,  534. 

North  Platte,   390. 

Northwestern  B.  E.,  176. 

Nutting,  Minnie,   1,  note. 

O. 

.Ogden,  553. 

Ogle,  Charles,  Pa.,  252. 

Ohio  Life  &  Trust  Co.,  panic  of  1857, 
30. 

Ohio  University,   38&. 

Old  Oaken  Bucket,  556. 

Olney,  111.,   439. 

Omaha:  8,  102,  176,  267,  336,  394,  443, 
456,  536,  537,  539,  540,  541,  543,  547-8; 
Bee,  414;  contributions  for  first 
capitol,  5;  Herald,  535;  high  school 
grounds,  113;  Indians,  122,  272;  In- 
dian lands,  26;  Republican,  390-9]. 

Omaha  and  Northwestern  B.  B.,  131. 

Omaha  &  Southwestern  B.  B.,  131. 

Options  and  futures,  302-3. 

Ord,  Gen.  E.  O.  C,  132,  400. 

Organic  law,  Nebraska,   75. 

Organization  of  territory,  211. 

Orleans,  Nebr.,  439. 

Orleans,  Terr,  of,  74-5. 

Orton,  Jim,   9,   10. 

Osage  Eiver,   537. 


566 


INDEX. 


Oshkosh,  Wis.,  550. 

( )i.>.'    precinct,  97. 

(Mil  law  rv.    frontier.    295. 

Oyster  su|)per,  state,  186. 

P. 

Pacific   Mail  Ship  Company,  324. 
Pacific  railroad:    anticipatory  views, 

13;    67,   68.   108,   269-70,   284-5. 
Packing  industry,  349,  542. 
Paddock,  A.  S.,  21.  56,  319,  362,  391, 

41():   sketch  of,  56-00. 
Paddock  pure  food  bill,  1S5. 
Palmer,  J.  M.,  U.  S.  Sen.,  375. 
Panics,  383;   of  1857,  30-32. 
I'ardoning  power.  127,  170,  199. 
Paris   Exposition,  1867,  389. 
"Parity,"  366. 
Parties:      Independent,     177;     party 

rule,    246;     National,    1893-4,     551; 

finances,   levies   on   salaries,   322-3. 
Passes,   railroad,    151-2. 
Paternalism,    527. 
Patronage,   324. 
Paupers,  bodies  of,  157. 
Pawnee  City,  104. 
Pawnee   County,   96. 
Pawnee  Ind.:   176,  272;   council  with, 

1855,  267;  "Pawnee  War,"  1859,  268; 

reseryation,   311. 
Peabody,   George,   medal,   219. 
Penitentiary,  113,  114,  126-7,  128,  138 

lands,    129;     1883,     143;     1885,    153 

1890,   .163;      territorial,     102,     103 

building  fund,   129. 
Pennington,  William,  N.  J.,  314. 
Pensions,   348. 
Perkins,  George  D.,  466. 
Perry  County,  O.,  455. 
Peru,  89. 

People's    party,    177. 
Pharmacy,  board  of,  170. 
Pickett,  Maj.  Gen.  Geo.  E.,  432. 
Pierce  County   (Otoe),  81. 
Pierce,    Franklin,    213;    appointment 

of  Gov.  Burt,  1. 
Pike,  Austin   F.,  U.  S.  Sen.,  N.   H.,  343. 
Pinchback,   P.  B.  S.,   287-8. 
Pinkerton  detectives,  476. 
Pittsburg  Landing,  268,  341. 
Pittsburgh,  Pa.,  48. 
Planting  of  trees,  38-42. 
Piatt.  O.  11.,  U.  S.  Sen.,  Conn.,  320. 
Platte  County,   87,   98. 
Platte   Kiver:     as   a   political    boun- 
dary,  8,   58,   219. 
Platte    Valley,  67. 


Plattsmouth,   8,  102-3. 

Pleuro-pneumonia,    animals,    419. 

Poland,  Luke  P.,  Vermont,  396, 402, 403. 

Politics:  campaigns  of  28J//,  18^8, 
1852,  216;  1856,  217;  corruption, 
national  government,  243;  influ- 
ence, railroads,  409;  political  par- 
ties,  civil  war,   214. 

Polls,  soldiers  at,  295. 

Polygamy,  402-7. 

Pontiac,  111.,  501. 

Poor,  Ben:    Perley,  100. 

Poppleton,  A.  J.,  110,  219,  391. 

Population:  358,  540.  Nebraska: 
2857,  14;  1865-6,  106;  1866-70,  391; 
2867,  142,  415;  2875,  128;  2S76",  139; 
1881,  141;  1882,  415;  1883,  142. 
Omaha,   South   Omaha,  542. 

Populist  party,  177,  207,363,364,383; 
governor,  206. 

Port  of  New  Orleans,  collector, 
1863,  89. 

Porter,   Fitz-John,   338-42,   427,    428-9. 

Porter.  Forest,   115. 

Portland,  541. 

Postage,  reduction,   529-30. 

Post  office,  U.  S.,  Omaha,  394,  542. 

Potatoes,    statistics,   359. 

Poughkeepsie,  314. 

Powderly,  T.  V.  P.,  482. 

Powers,  J.  H.,  174,  188. 

Poynter,  William  A.,   550. 

Prayer   for   Taylor,    181. 

Precincts,  first  election,   77. 

Prentiss,  Maj.  Gen.  Benj.  M.,  339. 

Prescott  County,  Ya.,  449. 

Presidential   electors,   111,    185,   201. 

President,  mode  of  electing,  521-4. 

Prison,  state,  see  Penitentiary. 

Proclamation:  admission  of  state, 
211;  Saunders,  2-lk-67,  71;  calling 
special   session,  2867,   110. 

Prohibition,  12,  13,  146-7,  149. 

Prophecies,  growth  of  Nebraska,  18. 

Prosperity,  index  of,  359. 

Protection,  tariff:  291,  319-22,  324, 
351,  356-7,  361,  381,  465,  470,  504-6, 
510-12,  530-32,  536,  546. 

Public  buildings,  lands,  129. 

Public   libraries,   200. 

Public    ownership,    525-6. 

Public   schools,   162-3. 

Public  warehouses,  166. 

Pure  food  bill,  Paddock,  185,  300-302. 

Q. 

Qualifying,  first  U.   S.  Senators  from 
Nebraska,  212. 


INDEX. 


567 


Qualifications,  voters,  71. 


Railroads,  108,  142-3,  542;  Bait.  & 
Potomac,  446;  B.  &  M.,  387;  Pacific, 
67,  68,  497;  Texas  Pacific,  326;  U.  P. 
165,  176,  284-5,  290,  326;  in  congress, 
329,  418,  422;  cost  of  construction, 
310;  lands,  102,  129,  131,  430;  legis- 
lative supervision,  144,  150,  151, 
155,  156,  158,  209,  399-400;  mileage, 
359;  prospective,  58;  rates,  179-83, 
200,  204,  494-5;  related  to  state  wel- 
fare, 128. 

Raines,  John,  466,  468,  469. 

Ranch  room,  437. 

Randall,  Ft.,  400. 

Randall,  Samuel  J.,  Pa.,  101. 

Rates:  freight,  179-80,  200,  204;  ex- 
press, 200;  interest,  50-51. 

Real  estate,  Omaha,  542. 

Receiver  U.  S.  Land  Office,  No. 
Platte,  390. 

Reconstruction,    226-9,    239-40,    277. 

Red  Cloud,  400,  501. 

Reddick,  John  J.,  115. 

Red  Ribbon  clubs.  146. 
•Red  Willow,  Webster  County,  135. 

Reduction  of  postage,  529-30. 

Reed,  Tom,  466. 

Reform  school,  140;  Dist.  Columbia, 
2S5. 

Reformatories,   143,   153,  163-4,  185. 

Regulars  vs.  volunteers,  Indian  war, 
224. 

Relief  for  drouth,  207-8;  187-4-75,  131- 
2;    1890-91,   172-3,  184-5,  199,   202. 

Religion,  plains  settlers,  271-2. 

Removal  of  capital,  112-13. 

Repeal  of  criminal  code,  16,  17,  18. 

Representation  in  congress,  106. 

Representatives,  Nebraska,  in  con- 
gress, 3S6-556. 

Republicans,  72,  177;  national  con- 
vention, first,  89;  1876,  141;  gover- 
nors, 206;  state  central  committee, 
149,  449,  538,  550. 

Republican  Valley  Sentinel,  439. 

Reservation,   Indian,   98,   289. 

Reserve,  treasury,  451-3. 

Reservoir   idea,   irrigation,   208. 

Residence,  citizenship,  189. 

Resignation,   Gov.   Richardson,   19. 

Resolutions  of  1868,  democratic,  71. 
Returns,  election,  1890,  177. 

Revenues,    155-6.     See    Tariff. 
Rich  Mountain,  334. 


Richards,  L.  D.,  188. 

Richardson,  James  D.,   Tenn.,  539. 

Richardson,   William  A.,  6,  8,  23,   48, 

90;    sketch   of,   17-20. 
Richland  Center,  Wis.,  439. 
Richland  County,  111.,  439. 
Richland  County  Observer,  Wis.,  439. 
Ricketts,  Gen.  J.  B.,  339. 
Rippeton,  Laura,  1,  note. 
Roads,   102,   353. 
Robert,  George,  1,  note. 
Robertson,  Lt.,  U.  S.  A.,  24. 
Rogers,  Mrs.  S.  E.,  10. 
Root,   Allen,   462. 
Rosecrans,  Gen.  W.  S.,  334. 
Rulo,  395;   precinct,  Richardson  Co., 

96. 
Rumbold,  William,   13. 
Russian  relief  approp.,  518. 
Russian    thistle    bill,    43. 
Rutgers  College,  N.  J.,  314. 


St.  Albans,  Vt.,  21,  note. 

St.  John's  Church,  Wash.,  539. 

St.  Louis:  539-40;  Sanitary  Fair. 
1864,   67. 

St,   Paul,    541. 

Safety,   railroads,   law,    183. 

Salaries,  members  of  congress,  253-7, 
396-7. 

Salem,  111.,  462. 

Saline  Co.,  bridge  lands,   131. 

Saline  lands,   129. 

Salt  Creek  bottom,  Lincoln,  130. 

Salt  Lake  City,  541. 

Salt  springs  and  wells,  37,  139. 

San  Domingo,   252. 

San  Francisco,  541. 

Sapp,  W.  F.,  la.,   411. 

Sarpy  County,   543,   546. 

Saunders,  Alvin,  92,  337,  412;  as 
governor,  61-73;   as  senator,  305-13. 

Saunders,  Mrs.  Alvin,  67. 

Saunders,    Gunnell,    61. 

Savannah,  Mo.,  78. 

Schoharie  County,  N.  Y.,  395. 

Schools,  158.  162-3;  books,  184;  cur- 
riculum, 147;  funds,  146,  147,  203, 
296;   lands,  22,  130. 

Schroon  Lake,  N.  Y.,  443. 

Schuyler,  Nebr.,  44. 

Scott,  Gen.  W.,  campaign  of  1852, 
216. 

Scrip,   Agricultural   College,  227. 

Secession  legislature,  Florence,  8,  17. 

Secession,  62,  63,  64.  65,   67. 


[NDEX. 


,nd    tfebr.  (  avalry,  L22,  390. 
retary  of  state,   1 L8,  439-40. 
s.cd   distribution   of   U.  S.,  44;    con- 

gressional  relief  of  frontier,  132. 
Senators,     U.     S.,     from     Nebraska: 

r867,   110,  219,  226;    1898,  202;    J895, 

464;  manner  of  election,  185,  330-32, 

478,   403. 
Sergeant  at  Arms,  U.  S.  Senate,  416. 
ion.  special,  of  legislature,  May 

16.  1867,   110;   Oct.  27-28,   1868,  111. 
sions  of  Congress,  longest,  301. 
Sessions,   Length  of  territorial,  12. 
Settlement,   1867,   142. 
Shanks.  J.  P.  C,  Tnd.,  302,  308. 
Sheep,   statistics,  360. 
Sheridan    County.     L58,    340. 
Sheridan.   Gen.    Phil.,    340. 
Sherman   Act,   364,  370,   377;    attempt 

to  repeal,  478,  479,  480-83. 
Sherman,   John,   314. 
Sherman,   Gen.    W.    T.,    340,    343,   350, 

400. 
Shiloh.  26S,  2(10.  334,  341. 
Shurz,  Carl.,  246. 
Sill,   Ft..  2S9. 
Sills,  mud,  416. 
Silver.   365,   367-80;    coinage,  383,  422, 

145,    479-85,    491-2,    501-4,    508-9;    de- 
monetization. 327-S;  standard,  46-7. 
Simpson  Centenary  Coll.,  529. 
Sioux  City,  311,  537,  541. 
Sioux  City  and  Pacific  R.  R.,  131. 
Sioux  County,  158. 
Sioux    Indians.   122,   176,  272,  400. 
Skilled   labor,  323. 
Slavery:    in  Nebraska,  50,  52,  54,  89, 

267;    Mason     &     Dixon's     line,    75; 

Missouri      compromise,      75;      Van 

Wyck  and,  314-17. 
Slocumb,  C.  B.,  146. 
Sloeumb  liquor  law,  146-7. 
Smelters,  542. 
Smii  h,   Mrs.  C.   B.,  l(). 
Soldiers,    civil    war,   reunions,    361. 
Soldier's    Homes,    158,    171-2. 
Soldiers.  Nebraska:   civil  war,  64,  66; 

Indian  campaign,  1863,  122,  123. 
South,  the,   1867,  226. 
South  Omaha.  538,  542,  543. 
South    Platte  vs.  North  Platte,  210. 
Sparks,    \Y.    A.   J.,   U.   S.    land    office, 

435,   436. 
Speaker  of  11.  of   K..  177. 
Special   legislation,  12. 
Special   privileges,  50. 
Speculation  in  grain,  302-3;   1857,  27. 


Spofford,  A.  R.,  libr.  of  congress,  351. 

Spoils,   national   politics,   244. 

Spooner,  J.  C,  U.  S.  Sen.,  Wis.,  351. 

Spotted  Tail,  400. 

Sprague,    William,    214. 

Spreckels,  Claus,  552. 

standard  of  money,  46-7,  369. 

Stanton,   Edwin    M.,    230,    231. 

Stanton,  Elizabeth  Cady,  145. 

Stark  County,  111.,   141. 

Stark  County,  O.,  333,  336. 

Stark,  W.   L.,   529. 

State,   admission   of,   103. 

State  bank  issues,  537. 

State  board  of  agriculture,  154,  155, 
164-5. 

State  board  of  health,   185. 

State  board  of  transportation,  184. 

State  historical  society,  157,  200; 
lots,    130. 

State   industrial  school,   boys,   163. 

State   institutions,    128,   198. 

State   lands,    129. 

State  legislature.     See  Legislature. 

State   library,   154. 

State  normal  school,   138,  143,  162. 

State  organization,  question  of,  219. 

State  penitentiary.    See  Penitentiary. 

State  university,  113,  137,  143,  162, 
199,   538. 

Statehood,   discussion,   22,   23. 

Statistics:  agricultural,  early,  25; 
mfg.  and  agr.,  358. 

Steamship    subsidy,   324. 

Steel,  U.   S.  manufactory,  329-30. 

Stephens,  Thaddeus,   101,  231. 

Stewart,  A.  T.,  274. 

Stock,  297-8. 

Stockbridge    Indians,    190. 

Stone   River,   345. 

Street   railways,    Omaha,   542. 

Strickland,   Silas  A.,  82. 

Subsidy,    mail,    324. 

Suffrage:  532-5;  woman,  campaign  of 
1882,  145-6;  in  south  during  recon- 
struction, 215;  const,  of  1866,  71-2, 
107. 

Sugar  beets,  204,  356-7,  544,  551-3. 

Sugar   bounty,    168-9,    535-6. 

Sullivan  County,  N.  Y.,  314. 

Sully,  Brig.  Gen.   Alf.,  122,   123,  390. 

Sumner,  Charles,  212,  219,  242,  246. 

Sunday:  labor,  354;  opening  of  fairs, 
354. 

Superintendent  of  pub.  instr.,  1875, 
130. 

Supplies,  army  depots,  455-6. 


INDEX. 


569 


Surplus,  U.  S.  treas.,  434. 

Supreme  court:  case  of  Boyd- 
Thayer  contest,  174,  178,  188-97; 
1866,    395. 

Surplus,  330. 

Surveyor  general's  office,  103. 

Surveys,   102,   103. 

Susquehanna  County,  Pa.,  421. 

Swine,  statistics,  359. 

T. 

Taffe,  John,  54,  57,  212,  386,  389, 
390-94. 

Talbot  and  Bryan,  462. 

Tariff:  291,  309-10,  319-22,  351,  356-7, 
380-1,  470,  471,  472,  473,  474,  487, 
504-6.  510-12,  530-2.  543,  545,  551, 
553-5;  1883,  157;  1890,  299-300;  1892, 
464;  lumber,  453;  wool,  450. 

Tarsney  John  C,  Mo.,  426. 

Tax,   direct,  civil  war,  62-3. 

Tax   on   incomes,   524-5. 

Tax,   U.  P.  bridge,  409. 

Taxation:  national,  civil  war,  107; 
territorial,  50,  62,  63. 

Taylor,  Zachary,  216,  346. 

Tekamah  bank,   30. 

Telephone,  Omaha,  542. 

Temple  of  Honor,  146. 

Templars,   146. 

Territory:     appointments.    21;     debt, 
63;    delegates,   74-103;    id.  for  1866, 
1868,    1870,    390;    end    of,    103;     ex- 
penses,  102;    finances,   18,   51;    gov- 
ernors, 1-73;  internal  revenue,  103 
legislature,   1855,   3;    1857,   29,   386 
1858,  386,  390;   1859,   386;    1860,   390 
legislative  expenses,   103;   marshal, 
9;    military,    194;    roads,   13;    taxa- 
tion, 50. 

Territory  of  the  Black  Hills,  286;  of 
Lincoln,    306-7;    of    Utah,    402-7. 

Texas,   75,   241. 

Texas   fever,   166-7. 

Texas  Pacific  R.  R.,  326. 

Thayer.  John  M.:  24,  55.  110,  112, 
177,  212,  215,  219,  224,  389;  as  gov- 
ernor, 160-75:  as  senator,  267-78; 
contest  with  Boyd,  1891,  178,  188-97. 

Thistle,   Russian,  bill,  43. 

Thomas,  Gen.  Geo.  H.,  340,  341. 

Thomas,  G.   W..    318. 

Thompson,  John,  financier,  30. 

Thompson,  W.  H.,  517. 

Thummel  &  Piatt,  law  firm,  206. 

Thurston  County,  399-400. 

Thurston,  John   M.,   206-7,  464. 


Timber  culture,  incentive,  279. 
Timber  culture  law,  399. 
Tipton,  Thomas  F.,  111.,  411. 
Tipton,    T.    W.,    23,    53,    56,    110,    212, 

387,  389;  as  senator  216-66. 
Tipton,  Rev.   William,   216. 
Tobacco,   157. 
Towns  paper,  12,  14. 
Townshend,  Richard  W.,  111.,  436. 
Trade,   board   of,  grain   speculation, 

302-3. 
Traders,  Mississippi  R.,  213. 
Transmississippi  conventions,  553. 
Transportation,  plains,  270-71,  285. 
Transportation,  board  of,  184,  209. 
Transylvania  University,  17. 
Treasury  reserve.  451-3. 
"Treating,"  liquor  law.   147. 
Trees,  planting  of,  38-42. 
Trial,  impeachment,  1871,  387. 
Trumbull,   Lyman,  212,   213,  242,  243, 

246,  462. 
Tucker,  H.  St,  G.,  532. 
Twine,  binding,  553. 
Tyler,   Moses  Coit,   24. 
Tyrone,  Ireland,   177. 

U. 

Union  College,  N.  Y.,  21. 

Union  Coll.  of  Law,  Chicago,  462. 

U.  P.  R.  R.,  165,  269-70,  284-5,  290,  400, 

409. 
United  States:    agricultural  studies, 

122;    appropriations,   518-19;    bank, 

381;    court,    Nebraska,     538;     land 

office,  Xebr.,  135,  439;    senate,  185; 

senate,   long  session   of  1867,  226; 

senators,     popular     election,     185, 

478;    supreme   court,   533. 
Universities,    548-9. 
University,  113,  120,  130,  137,  143,  154, 

162,  199,  538. 
Utah,  299,  402-7. 


Valentine,  E.  K.,  421. 

Valley  of  Platte,  67. 

Valuation,     197-8;     1864.    1865.    1866, 

107-8;     1867,    142;    1868,    1870,    114; 

1875,  125;  1878,  139;  1880,  358;  1882, 

142;   1887,  158,  161;    1888,  1889,   161; 

1890,  161,  358;   1893,  358. 
Van  Buren,  Martin,  252. 
VanWyck,C.  H.,  394;    as  senator,  314. 
Vest,  Geo.  G.,  349,  485,  555. 
Veteran   cavalry,   218. 


570 


INDEX. 


Veto,    Boyd's,    maximum    rate    bill, 

181-3;    Black,  54,  55;  Izard,  15,  16. 
Vicksburg.   269. 

Vienna  exposition,  187Jf,  124-5. 
Vifquain  Victor,  529. 
Voorhees,  D.  W.,  U.  S.  Sen.,  355. 
Voting,    laws,   209. 

W. 

Wade,  Ben,  U.  S.  Senate,  213. 
Wage-workers,  545;    "skilled   labor," 

323. 
Waite,  Chief  Justice,  189,  192. 
Walford,  W.  W.,  95. 
Wallace,  Capt.  James,  333. 
Wallace,  Lew,  268. 
War  of  1812,  referred  to,  346. 
War  with  Mexico,  referred  to,  346. 
War:    Indians,   during  civil   war,   70. 
War  Dept,  U.  S.  and  Indians,  408. 
Warehouses,  166,  184. 
Warren,  Francis  E.,  U.  S.  Sen.,  547. 
Washington  County,  97,   543,   546. 
Washington  Gas  Light  Co.,  525. 
Waterworks,  Omaha,  542. 
Waynesburgh,  Pa.,  216. 
Wealth,   U.   S.,   524-5. 
Weather,  185Jt-5,  1856,  26;   1856-7,  29. 
Weaver,  Archibald  J.,  421-5. 
Weaver,  J.  B.,  la.,  437,  438. 
Welch,  Frank,   293-4,  410-14. 
Wells,   Fargo  &  Co.,  393-4. 
West  Point,   410. 
West  Union,  la.,  362. 
Western  Reserve  College,  O.,  148. 
Weyauwega,  Wis.,  550. 
Wheat,   statistics,   359-60. 
"White"   voters,   Const,    of   1866,   71. 


Whitestone  Hills,   battle,  57. 

Wigginton,  Peter  D.,  Calif.,  411. 

Wildcat  banking,  21. 

Williamsburg,   Va.,  439. 

Wilson  bill,  1894,   487,   489. 

Wilson,  Henry,   U.  S.  Senate,  213. 

Wilson.  Wm.'L.,  U.  S.  Ho.  of  Rep., 
554. 

Winneconne,  U.  S.  steamer,  439. 

Wisconsin  legislature,  86. 

Wisconsin  State  Normal,  550. 

Women's  Board  of  Assoc.  Charities, 
172. 

Women,  civil  war,  67;  suffrage  cam- 
paign, 1882,  145-6;  Industrial  Home 
tor,  172;    laws  respecting,   156. 

Wood,  H.  L.,  39. 

Wood,  Gen.  Thos.  J.,  336. 

Wood  River,  176. 

Woodberry,  G.  W.,  539. 

Woodruff,  Judge,  U.  S.  cir.  ct.,  250. 

Woodward.   C.   M.,    529. 

Wool  tariff,  450,  469,  504-6,  510-12. 

World's  Fair,  1893,  Sunday  question, 
354. 

Wren,  Sir  Christopher,  41. 

Wright,  Myron  B.,  Pa.,  412. 

Wyoming  precinct  (Otoe  Co.),  97. 

Wyoming   Seminary,   421. 

Wyoming  Terr.,    57,    455. 


Yankton,  57. 

Young,  D.  M.,  1,  note. 


Zanesville,  O.,   194. 


1897