Early History Of Omaha - Chapters VIII-XIII



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CHAPTER VIII
OMAHA'S PROGRESS--ITEMS FROM THE ARROW

IT is a fact that the best historian of the events of any particular
period in these modern days is the newspaper--it is the most faithful
chronicler of daily occurrences--and therefore no apology is needed for
our frequent reference to the Arrow as authority, nor for the reproduction
of interesting items from its local columns, showing the progress of the
town during the publication of the paper in the summer of 1854.

   Among other interesting items which are found in the first number of
the Arrow, July 28, 1854, is the following:

"DELEGATE TO CONGRESS--It is expected that H. D. Johnson and Major
Gatewood will be the two opposing candidates for delegates to Congress."

   But the coming man proved to be Bird B. Chapman, who came all the way
from Ohio to be elected as Nebraska's first delegate to Congress.

   "The Indians," says the Arrow, "require $10 from each settler for the
right to build and make improvements upon the lands for which

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they have not yet received payment nor relinquished their rights. We
consider this a just demand, and for ourselves have complied. The amount
should be paid only to Logan Fontienelle (the chief), H. D. Johnson, or
ourselves."

   The survey of Omaha City, as made by A. D. Jones, is noticed at
considerable length. A. D. Jones was a lawyer as well as a surveyor, and
we find his "shingle," in the shape of a card, hung out among the
advertisements in the Arrow. He was not, however, regularly admitted to
the Nebraska bar until there was a bar to be admitted to, which was not
till some time afterwards, when he got his certificate on motion of Gen.
Estabrook, who did a great deal of such motioning in those days. However,
we apprehend that Mr. Jones was never called to account for practicing
without a certificate of admission, as there was not so much " red tape"
then as there is now.

   In the second number of the Arrow we find the editor "again seated upon
the green sward, 'neath the tent of his friend W. Clancy, whose
hospitality he is enjoying, with an inverted nail keg for a table, and
feeling as comfortable as if seated upon a soft cushioned sofa, with all
the comforts of a fashionable life surrounding him." Pattison, it seems,
could easily accommodate himself to circumstances.

   Rev. Peter Cooper is announced to preach at the residence of Mr.
Snowden on Sunday, the 13th inst., [July] at 2 o'clock, P. M., to which
the citizens of Bluff City are respectfully invited to attend.

   James A. Jackson advertises for "bids to be received until the 15th of
August, for furnishing 175 perch of stone for foundation to be delivered
in Omaha, the quarry being about one mile from the place of delivery."

   The Arrow of September 1st 1854, in its "leader" on Omaha City, says
that it will be and deserves to be the future capital of of Nebraska, as a
Territory and State.

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   Even at that early day Sulphur Springs had been discovered, and was
visited by the "old settlers" then as frequently as it is now by the
citizens of Omaha, and its water was imbibed with an apprecible relish, as
we should infer from the Arrow's notice of it.

   A fair idea of the activity and progress of Omaha, at this particular
period, may be obtained from the following extract from the Arrow of Sept.
8th, 1854: "The sound of axe, hammer and other tools are daily heard in
and around this eligible city site. Two stores both doing a good business,
are in successful operation, and in a few weeks one of the best steam saw-
mills in the west will be in full blast by us here. In connection
therewith, the enterprising company purpose starting a good flouring mill;
the engine ordered for the saw mill will be of sufficient power for both.
A good substantial hotel will soon be ready for the reception of visitors
and boarders. The work on the other prominent buildings is progressing
rapidly. It really does one's heart good to see the young American
progress and go-aheaditiveness which characterize Omaha City."

   The same paper informs us that "Mr. J. A. Jackson will in a few days be
in reception of a large amount of good lumber for building purposes;"
also, "some ten or twelve buildings are going up in Omaha City next week.
Hurrah! for the march of civilization is playing wild with this glorious
country. But we need mechanics prodigiously to push along with railroad
speed," says the sanguine and enthusiastic editor, who in another place
goes into ecstacies over Mr. Winchester's brick. He had seen a good many
brick in his day, but none better than those manufactured by Winchester.

   "Our friends, the Omahas," says the Arrow, "express a willingness to be
removed to their new hunting ground and we sincerely trust steps will be
immediately taken to secure the much-desired object."

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   T. Jefferys & Co. announce that their "steam saw-mill, two and a half
miles from the city, on the bottom, is now in successful operation."

   William Clancy, in a card, respectfully informs the settlers in and
around Omaha City, that he is prepared at the sign of the "Big 6," near
the spring, to accommodate them with any article, provisions, &c.--we
suppose the "&c." meant liquid refreshments--at as reasonable rates as may
be secured elsewhere, and as a special inducement he adds that "a good
fresh drink of sulphur water, from his celebrated spring, can at all times
be obtained there." We suppose the sulphur water was bottled and brought
down from the spring, as the "Big 6" was located on the north side of
Chicago, between Thirteenth and Fourteenth streets, and was a popular
resort for the pioneers of Omaha who met there to discuss matters of
public importance and interest, to hold public meetings, and to sample Mr.
Clancy's liquids, especially the sulphur water. It is said that the
sulphur water in those days was so strong that it had to be diluted with
"fire-water," as the Indians called it, but better known among the whites
as Bourbon, or rye, or plain corn-juice. They generally drank the "fire-
water" first, and the sulphur water afterwards, thus allowing the process
of dilution to take place after the liquids had reached the receptacle
commonly called the stomach. And it is a fact that a few of the citizens
of Omaha follow this practice even unto this modern day. Such, alas! is
the force of example.

   The Arrow of September 22d notices the arrival of "W. N. Byers,
formerly of Muscatine, Iowa. He is an old stager on the Oregon frontier
and brings with him one of the best solar compasses for field surveying in
the West. He put-poses making our soil his home."

   In 1856 or 1857 we find Mr. Byers associated with Hon. A. J.

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Poppleton as a lawyer, the firm being Poppleton & Byers. It was in 1859,
during the Pike's Peak excitement, that Mr. Byers departed for Colorado.
Mr. Poppleton still resides in Omaha, and is one of the ablest lawyers in
the country.

   From the Arrow of September 29th we learn that M. W. Robinson had put
on a tri-weekly line of stages between Council Bluffs and Omaha; and we
are informed "that persons may receive the Omaha City mail matter for the
present front the P. M., A. D. Jones, at Mr. Clancy's provision
establishment every Tuesday, Thursday and Sunday evenings, shortly after
the arrival of the Council Bluffs and Omaha City stage."

   Mr. Jones, our first postmaster, be it remembered, used to carry the
mail in his hat, and was a sort of walking post-office. He was liable to
be stopped at any moment by some person inquiring

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for a letter, and then off would come his capacious stove-pipe, and he
would examine the letters contained therein.

   Mr. Jones often reverts to this fact with a great deal of pleasure,
especially when he compares the stove-pipe post-office of 1854 with the
magnificent four-story stone edifice, costing about $400,000, that now
stands at the southwest corner of Dodge and Fifteenth streets, and which
was completed about two years ago.(1)

   "The new and excellent steam saw-mill of Mr. Samuel S. Bayliss & Co.,
will be in operation in a very short time near the city site," says the
Arrow of this date; also, that "the foundation of the new State House will
be completed in a few days;" and that the "new brick hotel will also be
finished as fast as brick can be put together,--Other buildings are
progressing finely,--Some two or three fine brick houses will ere long be
started upon the site."

   The Arrow of October 6th contains a full report of the citizens'
meeting at the "Big 6," September 20th, to prepare a reception for Gov.
Burt, and just beneath this report, it has the following personal item:

   "DISTINGUISHED ARRIVAL.--We stop the press to announce the arrival of
the Hon. Secretary. Mr. T. B. Cuming arrived to-day. His Excellency, Gov.
Burt, is also expected to arrive to-day."

   The next number, October 13, says: "His Excellency, F. H. Burt,
Governor of Nebraska, reached Bellevue on the 6th inst., in a feeble
condition, and since that time has been under careful medical treatment,"
and in the same item the paper announces the postponement of the
contemplated reception at Omaha.

   The next number, October 20, is draped in mourning for the

(1) Hon. A. J. Poppleton, in his speech December 3d, 1863 at the breaking
of the ground for the Union Pacific, referred, by way of comparison as to
Omaha's growth, to the time when A. D. Jones used to carry the post-office
in his hat. Mr. Pcppleton thus first gave the fact it notoriety which has
increased with the progress of the city since that date.

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death of Gov. Burt, and contains a long obituary article and resolutions,
both of which had appeared in an extra on Wednesday, October 18th the day
on which the sad event occurred.

   The following item from this number, will interest our Methodist
readers:

   "M. E. CHURCH IN OMAHA CITY.--In the late session of the Iowa
Conference, a new district known as the Nebraska and Kansas Missionary
District was established, at present under the Presiding Eldership of Rev.
M. F. Shinn, of Council Bluff City, Iowa. The stations are as follows:
Omaha City, Old Ft. Kearney, Waukaressa and Ft. Leavenworth."

   Two proclamations by Acting-Governor Cuming are also found in the Arrow
of this date-the first being in respect to the Governor's death, and the
second ordering the taking of the census, &c.

   The Arrow of November 3d announces the arrival of B. B. Chapman thus:
"A few days since with pleasure we met with B. B. Chapman, Esq., from
Lorian county, Ohio. A staunch Democrat of the right stamp, and one in
whom the administration has placed implicit confidence. His talent, energy
and gentlemanly deportment will make him scarce of friends, &c."

   Whether the gentleman considered this a complimentary notice or not,
this historian has not been able to ascertain. But we imagine that he felt
like making that editor very scarce about that time for not having seen
the error and corrected it by putting in the word "scores."

   Notice is made of the sale of the "Big 6 " by Mr. Clancy to Mr.
Goodwill, "lately from New York."

   The arrival of Dr. G. L. Miller, Omaha's first physician, is mentioned
in this number as follows: "We were agreeably surprised to see the sign of
Dr. G. L. Miller hanging out at Mr. E. Buddel's residence, in this place a
few days since. Although but little sickness

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pervades our prairie land, we can but congratulate our citizens upon the
acquisition of a young and apparently well qualified physician to our
society. He comes kindly recommended from his late practice in the city of
Syracuse, N. Y."

   "The work on the State House goes on briskly," says the Arrow, "and but
a few days more will elapse ere the entire wall and roof will be
completed. It will be ready for the accommodation of the body for which it
was intended, before the middle of next month."

   "The large brick hotel commenced here a short time ago by Jesse Lowe,
Esq., will now go rapidly on to completion," says the Arrow.

   The Arrow of November 10th asks, in a long editorial, "who will be
appointed Governor of Nebraska ?" It also notices the departure of Marshal
Izard for his family in Arkansas, and thinks he would make a good sucessor
to Governor Burt.

   The Arrow is assured by Mr. Davis, the contractor, that the State House
will be ready December 1st and in the same connection says, "Our friend,
J. M. Thayer, is erecting a neat dwelling near by, and to the society of
Omaha City his agreeable family will shortly be a pleasant addition.
Friend Parker is putting up an excellent house for his family, and a host
of others are doing likewise."

   The Fontenelle House receives a good notice: "This is the name of the
large and beautiful brick hotel, now in process of erection at this place.
It is appropriately named after the head chief of the Omaha Indian tribe,
whose hunting grounds, by purchase on the part of the United States, we
now occupy, and after whose tribe this prosperous place is named."

   "We hope to lay before our readers in the next number of the Arrow,"
says the editor, "the full census returns of the Territory, also the
arrangements of the districts and the amount of representation to which
each is entitled."

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   But the next number never appeared; for what reason this historian
knows not. The Nebraskian succeeded it and was run in the interest of Bird
B. Chapman who was elected as Nebraska's first delegate to Congress.



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CHAPTER IX
OMAHA WINS THE CAPITAL PRIZE

FRANCIS H. BURT, of South Carolina, was the first Territorial Governor of
Nebraska, he having been appointed in the place of William O. Butler, who
had declined the honor. The other first territorial officers were: Thomas
B. Cuming of Iowa, Secretary; Fenner Ferguson, of Michigan, Chief justice;
James Bradley, of Indiana, and Edward R. Hardin, of Georgia, Associate
Justices; Mark W. Izard, of Arkansas, Marshal; and Experience Estabrook,
of Wisconsin, Attorney.

   It was on the 6th day of October, 1854, that Governor Burt and
Secretary Cuming arrived in the territory and stopped at Bellevue. The
other territorial officers came at different times during the following
few months.

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   A grand reception had been arranged at Omaha for the Governor and
Secretary. The committee of reception was composed of Charles B. Smith, A.
D. Jones, W. R. Rogers, R. B. Whitted, Michael Murphy, Wm. Clancy, S. A.
Lewis, C. H. Downs, Wm. N. Byers, and Wm. Right; and the committee of
arrangements consisted of T. Allen, C. B. Smith, David Lindley, Alex.
Davis and C. H. Downs.

   But the reception never came off, owing to the illness and death of
Governor Burt. He came here in poor health, and continued to fail rapidly
until on the morning of Wednesday, October 18th, 1854, at half-past three
o'clock, he died at the old Presbyterian Mission House at Bellevue, of
which the Rev. William J. Hamilton was the missionary in charge. The sad
event cast a deep gloom over the entire territory.

   Governor Burt was a native of Pendleton, South Carolina, and was about
45 years of age. He left a wife, two sons and four daughters.

   His remains were sent back to South Carolina, being accompanied thither
by his son, Armsted Burt, and an escort of four pall-bearers.

   Secretary Cuming, by virtue of his office, became Governor, and at once
took hold of the executive reins. His first act was to issue a
proclamation in reference to the death of Governor Burt, ordering that the
national colors be draped in mourning, and that the territorial officers
wear crape upon the left arm for thirty days.

   His second act was the issuance of a proclamation on the 21st day of
October, 1854, for a census or an enumeration of the inhabitants of the
Territory, to commence October 24th, 1854, under officers instructed to
complete the same, as nearly as possible, within four weeks, after which
notices were to be distributed for the election

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of a delegate to Congress, and of a territorial legislature to convene
that winter.

   The object of the proclamation was to give notice to persons who had
removed temporarily from the Territory, to return in time for the census,
as "in no case would names be enrolled except of actual and permanent
residents of the Territory."

   Governor Cuming next issued a proclamation, November 21st, for an
election, which took place December 12th.

   It was the duty of the Governor to convene the legislature at some
point of his own selection, and the first legislature was to fix the
location of the capital. He designated Omaha as the place for the holding
of the first legislature, notwithstanding the opposition of the
representatives of other points, all of whom were straining every nerve
and using every means to induce him to designate their own favorite town.
A deep resentment towards the Governor on the part of the disappointed
applicants was the natural consequence.

   The legislature met at Omaha on the 16th of January, 1854, in the State
House, which had been built by the Ferry Company in anticipation of this
event.

   A large number of men who had been disappointed in their endeavors to
secure this first meeting of the legislature at other towns, in which they
were interested, flocked to Omaha at this time in an angry and revengeful
mood.

   Hon. J. M. Woolworth, in his "Nebraska in 1857," in referring to this
first legislature, says in regard to this mob, that "they arrayed
themselves in the red blankets of the savages and loudly proclaimed their
design of breaking up the Assembly. At the hour for the convening of the
Houses, their halls were filled with these excited and desperate men. But
before they were aware of it, resolutions assembling the two Houses in a
joint session were passed; and the moment they had met, the Governor
entered, and, without

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prologue, delivered to each member elect the certificate of his election,
pronounced his message, and declared the Assembly organized, directed each
House to withdraw to complete its organization, and vanquished, in half an
hour, every design either upon himself or the legislature. It was. a time
when anything less than the executive energy of Andrew Jackson would have
involved the Governor in inextricable difficulties, and the Territory in
anarchy."

   The location of the territorial capital was the principal and most
important business before the legislature, occupying a large portion of
the time that that august body
was in session, which was from the 16th day of January to the 17th day of
March, 1855. The remainder of the session, after the settlement of the
capital question, was devoted to the organization of counties, the
location of the county seats, the granting of toll-bridge and ferry
privileges, and the passage of a complete code of laws for the Territory.

   The difficult capital question caused even more bitter feeling than bad
Acting-Governor Cuming's designation of Omaha in the first instance, as
the point at which the legislature should assemble. The scenes and
incidents that ensued during this session were exciting as well as
amusing, and often, at this present day, form the most interesting portion
of the reminiscences of some of the old settlers, who took a most active
part in everything that then transpired. They entered into public affair's
with a spirit that was bound to win. Their brains and hands were diligent
and active--the former in hatching up schemes to thwart the designs of the
enemy upon Omaha, and the latter in going down into their own pockets and
handing out both money and town-lot stock to those who were willing to
receive such favors and reciprocate for the same by voting for Omaha.

   The legislature was largely made up of men who, although claiming a
residence here, had their homes elsewhere, and who had acquired

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their residence by one night's sleep in the district they represented.
Such men talked the loudest about their fidelity to their beloved and
confiding constituents, whose interests were ever dearest to their hearts.
They thus amused themselves as well as others, for their constituents were
scattered all over the United States. On the other hand there were a few,
and only a few, who actually did reside in the Territory.

   Mr. D. M. Johnston, of Ohio, who was the "member from Archer," had a
political ambition that knew no bounds. Elated with his success in
Nebraska--and wishing to ride two legislative horses at the same time--he
obtained ten days' leave of absence, and going down to Kansas he ran for
representative there, and was only defeated by a very close vote.

   But the fact that non-residents largely made up the first legislature,
was only one of those incidents which are witnessed in all new countries.

   The following gentlemen composed the first legislature--the Italics
show the places represented, while the original place of residence follows
the "name of each member in Roman letters:

   COUNCIL--Archer, Richardson county, J. L. Sharp, President, Tennessee.
Nebraska City, Pierce now Otoe county, A. H. Bradford, Maine; H. P.
Bennet, Maine; C. H. Cowles, New York. Brownville, Forney now Nemaha
county, Richard Brown, Tennessee. Fontenelle, then in Dodge, but now in
Washington county, M. H. Clark, New York. Tekamah, Burt county, B. R.
Folsom, New York. Omaha, Douglas county, T. G. Goodwill, New York. A. D.
Jones, Pennsylvania; O. D. Richardson, Michigan; S. E. Rogers, Kentucky.
Plattsmouth, Cass county, Luke Nuckolls, Virginia. Florence, then in
Washington county, J. C. Mitchell, Florence.

   Officers of the Council.--Dr. G. L. Miller, chief clerk, Omaha; O. F.
Lake, assistant clerk, Brownville; S. A. Lewis, Omaha, sergeant-at-arms;
N. R. Folsom, of Tekamah, door-keeper.

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   HOUSE OF REPRESENTATIVES-- Omaha, Douglas county, A. J. Hanscom,
speaker, Michigan; W. N. Byers, Ohio; Wm. Clancy, Michigan; F. Davidson,
Virginia; Thomas Davis, England; A. D. Goyer, Michigan; A. J. Poppleton,
Michigan; Robert Whitted, Tennessee. Fort Calhoun, Washington county, A.
Archer, Vermont. Florence, Washington county, A. J. Smith, Pennsylvania.
Nebraska City, in Pierce now Otoe county, G. Bennett, Virginia; J. H.
Cowles, Ohio; J. H. Decker, Kentucky; W. H. Hail, Virginia; Wm. Maddox,
Indiana. Brownville, in Forney now Nemaha county, W. A. Finney, Ohio; J.
M. Wood, Kentucky. Fontenelle, then in Dodge, now in Washington county, E.
R. Doyle, South Carolina; Wm. A. Richardson, New York. Archer, Richardson
county, D. M. Johnston, Ohio; J. A. Singleton, Pennsylvania. Rock Bluff,
Cass county, Wm. Kempton, Pennsylvania. Plattsmouth, Cass county, J. M.
Latham, Virginia. De Soto, Burt county, J. B. Robertson, Ohio. Tekamah,
Burt county, A. C. Purple, Massachusetts. Kenosha, Cass county, J. D. H.
Thompson, Tennessee.

   Officers of the House.--J. W. Paddock, chief clerk, Council Bluffs and
Omaha; G. L. Eayre, assistant clerk, Glenwood, Iowa; J. L. Gibbs,
sergeant- at- arms Nebraska City; B. B. Thompson, doorkeeper, Omaha.

   Excitement ran at fever heat all the time that the capital contest was
being fought. The contestants for the prize were Omaha, Fontenelle,
Florence, Bellevue, Plattsmouth, Nebraska City, Brownville, and in fact
all the embryo towns south of the Platte. These southern towns, one and
all, were opposed to Omaha for the reason that she would be a less
formidable rival to Plattsmouth without the capital than with it. The
whole South Platte country was bitterly hostile to Omaha. Thus it will be
seen that Omaha had a big fight on hand. It was only the clear
foresightedness of the founders of the town, and their precautionary
measures which they had taken to

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meet the anticipated struggle, that enabled Omaha to come out victorious
in the fierce contest for Supremacy. The joint resolution locating the
capitol building at Omaha was passed February 22d, 1855.

   Some of the incidents of the fight are worth repeating. "Scrip Town"
had been laid out by, the owners of the original town site of Omaha, as
one of the "precautionary measures," alluded to above. It was about a half-
mile wide, and adjoined the north and west sides of Omaha. The stock was
used to "induce" members of the legislature. Gen. Estabrook, then
Territorial Attorney, who arrived in the Territory January 21st, 1855, and
knows all about it, is our authority for the word "induce," which in this
connection had a peculiar signification. This "scrip" was the salt that
was sprinkled on the bird's tail, figuratively speaking, but it seems to
us that the term "sugar" would be more appropriate, as it certainly
"sweetened" some of Omaha's bitterest enemies. However, whether "sugar" or
"salt," it was generally put where it would do the most good. But in one
case, however, it was not so applied. One very "sharp" man, a leading
member of the Council, had been given a number of shares, amounting to
about one-twelfth of the "Scrip-Town" site, to "induce" him to vote for
Omaha, such being the understanding. He, however, indiscreetly revealed
the fact that he was going to vote against Omaha, and, as is usually the
case, it soon leaked out. Now, Omaha wanted just another vote to make up
for this one, which she was going to lose. A certain gentleman of Omaha,
who was the leading champion of the city, said he could obtain the
necessary vote, if they could regain possession of this stock, which was
to be used for that purpose. A plan was accordingly laid and carried out.
A shrewd and cool man, now a prominent St. Louis merchant, proved himself
equal to the emergency and rescued the "scrip" from the treacherous hands
into which it had fallen. He

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met tile "sharp" individual, as if by chance. and said to him, forgot to
number those papers on the books. Let me have them and I'll attend to it
at once." The papers were accordingly handed over, and that was the last
ever seen of them by the "sharp," as the person to whom he had given them
put them in his pocket walked off, and remarking to him that he might help
himself if he could. It is safe to say that that "sharp" felt rather flat
at this sudden, unexpected and unprofitable turn of affairs. Of course he
immediately comprehended the meaning of the transaction, and it is pretty
certain that lie did not vote for Omaha.

   The "scrip" was put into the hands of the gentleman who had agreed to
secure the vote to make up for this desertion, and we have it on good
authority that that much-wanted vote was obtained inside of twenty-four
hours.

   Towards the close of the capital fight James C. Mitchell, of Florence,
who had been an exceedingly bitter enemy of Omaha was "induced" to abate
his hostility by the usual means which were not then thoroughly known or
appreciated by the general public.

   Mitchell's influence, be it remembered, was sufficient to fix the
capital at Omaha, or take it away, and as he had been pursuaded to favor
Omaha, he was appointed as a reward and by agreement, the sole
commissioner to locate the capitol building within some portion of the
city, and the northern boundary of Douglas county--the county then
embracing an extent of territory reaching from a ravine on the north side
of the city South to the Platte river, and west to the Elkhorn--was
extended, by proclamation of the Governor, so as to take in the whole of
"scrip-town," in order to give Mitchell plenty of room.  When the vote was
about to be put in the Council, he explained that, as others, with the
same interest as himself, had gone back on him, it would now be every man
for himself, and that he would therefore locate the capitol within the
city limits of Omaha

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somewhere on the line between the Clancy claim and the Jeffery claim. The
line between these two claims ran from the Sulphur Springs back to the
high ground. He was favorably impressed, he said, with the location near,
the Sulphur Springs, and also with that of the high ground further back.
But he would not determine until further examination.

   A short time thereafter Mr. Mitchell stuck his stake for the capitol
building on Capitol Hill, where it was afterwards built. In the summer
following Mr. Mitchell advertised about sixty lots in the city of Omaha
for sale at auction, and the lots sold for about $6o each. Whether there
was any connection between Mitchell's location of the capitol and those
lots, we leave the reader to draw his own inference.

   A member from a certain county, in which he had never lived, was given
some shares in order to "induce" another member from the South Platte
country to go for Omaha. This man, whom we shall call P., for convenience
sake, wanted the shares himself, and he accordingly advised the South
Platte gentleman, Mr. T., to take nothing but money. T., acting on this
advice, demanded $1,000 for his vote. One of the ferry company's chief
manipulators, Mr. J., told T. to go in and vote and it would be all right,
as he would get the money. Next day J. went over the river, and T. never
got any money or shares either. Mr. P., who had retained the shares, said
they had been given to him to use to the best advantage, and as he himself
was the most doubtful man he knew of, he had concluded to purchase himself.

   Several of the members of the legislature were residents of Glenwood,
Iowa, where a very deep interest was felt in having the capital located at
Plattsmouth. Some of the members who came from Glenwood failed to vote for
Plattsmouth, and at the close of the session an indignation meeting was
actually held at Glenwood

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to call to account "their representatives for misrepresenting them in the
Nebraska legislature''

   Col. J. L. Sharpe, president of the Council, resided at Glenwood, and
represented Richardson County. He had promised, owing to the usual
inducements, to vote for Omaha, but he went for Plattsmouth after all,
having intended to do so from the first.

 Luke Nuckolls, representing Cass county, and Bennett and Bradford,
representing Pierce, now Otoe county, all lived at Glenwood.

   In the House, Glenwood sent Kempton and Latham to represent Cass
county, and Thompson to represent Nemaha county. Latham, originally a
lawyer from Virginia, having gone back on Plattsmouth, never dared to go
back to Glenwood, for they would have lynched him. He died the following
summer at Council Bluffs; whether he died from grief at the indignation of
Glenwood, or not, this historian has not been able to ascertain. Thompson,
on his return to Glenwood, narrowly escaped a flagellation from his
outraged constituency, whom he had misrepresented.

   Omaha's cause was ably and shrewdly championed in the Council by O. D.
Richardson and T. G. Goodwill, and by A. J. Poppleton and A. J. Hanscom in
the House. Hanscom, who would as soon fight as eat in those days, was
always called on when there was likely to be any trouble, and either in
fisticuffs, debate, or "tactics," he generally succeeded in coming out of
the affair on top of the heap. Many good stories are told of him, some of
which we shall refer to hereafter.

   It was he who had been selected to undertake the job of getting the
control of the House of Representatives, and he did it. He was elected
speaker, and thus secured the appointment of committees, which gave Omaha
considerable advantage. The following paragraph from the pen of Dr.
Miller, editor of the Omaha Herald, illustrates to perfection the early
legislative days of Nebraska:

Page 68

Hanscom and Poppleton carried the art of winking to its highest perfection
in those days. The latter was always first recognized by speaker Hanscom
when he wanted the floor. The speaker was particular about keeping order.
Any refractory member, opposed to Omaha, who refused to take his seat when
ordered to, was emphatically notified that if he didn't sit down he would
get knocked down. The result was usually satisfactory to the speaker. The
excitement over the capital question was, at times, very great. The
lobbies, we remember, were once crowded with the respective parties to the
contest, armed with bludgeons, brick-bats, and pistols. A fight was
thought to be imminent, but it did not occur."

Among the members of the first legislature were two Missourians who
claimed to represent some county in Nebraska, both claiming the same seat.
One of them was a preacher named Wood, who, as chaplain, did the praying
for the House of Representatives. When the contest for his seat came up,
he promised to an Omaha man that he would vote for Omaha on the capital
question, if they would give him his seat. He got his seat in that way,
thus knocking his opponent out of the ring. A day or two afterwards he met
the Omaha man to whom he had made the promise, and putting on a very long
face he said, " Mr. H., I am, very sorry, indeed, to be obliged to inform
you that I shall, owing to the force of circumstances, be compelled to
vote against Omaha!"

"The devil you say !" exclaimed Mr. H. " You're a infernal lying old
hypocrite.
"Those are hard words, my dear Mr. H., but I reiterate it, that you are an
infernal lying old hypocrite. You're a wolf in sheep's clothing. And, by
gracious! you've said your last prayer before this legislature. If there
is any more praying to be done I will do it myself. That's the kind of a
man I am."

   R. H. kept his word, and fixed it so that Mr. Wood's services

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as chaplain were dispensed with from that day forward, but Wood went on
and served out his term is a member of the House in the seat that he
obtained by his promise. The Omaha men, however, made it so warm for him
during the remainder of the session that he passed anything but a pleasant
term in office.

   After the settlement of the capital fight, the legislature transacted
its other business in a comparatively quiet way.  Among the numerous bills
passed was one making William P. Snowden auctioneer for Douglas county.
Several amusing incidents occurred during the remainder of the session,
one of which we shall here relate, as it is too good to be lost. For the
main points we are indebted to "M. I.Grant," whose other name is J.
Sterling Morton, who, in "A pen Picture from the Pioneer Legislature,"
published in the Omaha Herald a few years ago, gives a graphic account of
the episode. Mr. A. D. Jones made a rather "hifalutin" speech in
opposition to the chartering of certain banks in the Territory, the bill
being caIled the Territorial Bank Act. Mr. Jones denounced the whole
scheme as savoring too much of a "wild cat" nature.  He appealed to the
honorable body to guard their reputation;   to consider the esteem in
which posterity would hold the founders of this commonwealth; he begged of
them not to entail upon the people of the Territory a financial measure
that would lead to distress and ruin, and for which they would be cursed
by their constituents for many years to come. Mr. Jones soared aloft in
his flights of rhetoric, and declared that "when he (Jones) should be
gathered to his fathers, and an humble monument had been erected to his
memory, upon the site of his beautiful home in Park Wild, it would gratify
his soul, to look down from the high battlements of heaven-the regions of
the blessed--and read upon that monument the simple and truthful
inscription; "Here lies an honest man--He voted against, wild-cat" banks
in Nebraska.'"

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   Mr. Jones resumed his seat, and wiped the perspiration from his brow
with his bandanna pocket handkerchief, while an expression of satisfaction
at his eloquent effort seemed to  rest upon his features.      A deep
silence ensued in the Council chamber, which was soon broken, however, by
Allen H. Bradford, who represented Otoe county.

   Bradford was  a short and fat man with a broad face and big round head.
But his voice was not at all in accordance with his general appearance. It
was a thin, high-toned, cracked voice.

    In fact, it was more of a squeal than anything else, and whenever he
spoke he attracted considerable attention on this account.

   Bradford was in favor of the bill, to which Mr. Jones had just alluded
to as being of a feline character. Bradford rose to his feet, and in his
squealing tones of voice replied to Mr. Jones about as follows :

   "Mr. Pres-i-dent: The gentle-man from Park Wild says he is hon-ist; I
sup-pose he is. I don't sup-pose he would lie about so small a mat-ter. He
speaks of dy-ing; but if he is as hon-ist as he says he is I don't think
he'll ever die. No, sir ; he'll be translated;

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he'll go up in a char-iot of f-i-r-e, like Eli-jah and the other old
fellows. I can almost see him a-going up; high-er! high-er! high-er!

   "For my part, Mr. Presi-dent, I wish he'd go now. He talks about the
time when he shall be a-look-ing down from the high battlements of heav-
en. I wish he was up there now, a-singin' forever more, among the blessed,
instead of being down here a-makin' speeches which don't do any good away
out here in Nebras-ky."

   That was all Mr. Bradford had to say. He, too, like Jones, sat down
satisfied. A general laughter followed his effort, and Bradford could not
resist the temptation to join in with the rest. If Mr. Jones didn't laugh
then, he probably has done so often since that time, whenever this
incident has been recalled to his mind.

   Bradford has since been a delegate to Congress from Colorado, and has
also been a Judge.

   We have given only a few of the scenes and incidents of the first
Nebraska legislature, but they are sufficient samples from which the whole
session can be judged.

   Omaha secured the capital. She fought hard to get it, and she had to
contend for its retention at every session of the legislature, until the
year 1858, from which time she retained the capital till she became a
State in 1867.

   Mark W. Izard having been promoted from the office of Marshal to that
of Governor, entered upon the duties of chief territorial executive,
February 20, 1855, while this session of the legislature was in progress,
filling the vacancy caused by the death of Governor Burt. Mr. E. R. Doyle,
who had accompanied Governor Burt hither from South Carolina, and had
become a member of the legislature, succeeded Izard as Marshal.




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CHAPTER X
THE FIRST EXECUTIVE BALL

THE first and only executive ball ever given in Omaha came off in January,
1855. It was in honor of Governor Izard, who had just been appointed to
fill the vacancy caused by the death of Governor Burt, and who soon
afterwards entered upon the discharge of the duties of his office. The
affair took place at the City Hotel. The building, somewhat enlarged, is
still standing at the southwest corner of Harney and Eleventh streets, and
was afterwards occupied for a time as a residence by Ezra Millard, who
still owns it, but rents it to other parties as a dwelling.

   The description of that ball was graphically given by Dr. Miller, in
the Herald, in January, 1867, and as he knows all about those early times,
we have taken the liberty of quoting his account of it nearly in full, as
follows:

   "Izard was a stately character physically, mentally rather weak, and
accordingly felt a lively sense of the dignity with which the appointment
clothed him. He bad never known such an honor before, and it bore upon him
heavily. To the few persons who then constituted the principal population
of the city, the Governor was careful to intimate a desire to have his
gubernatorial advent suitably

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celebrated. The facetious 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
rooms had a single coat of what was then called plastering, composed of a
frozen mixture of mud and ice, a very thin coating at that. The floor was
rough and unplaned, very trying to dancers, 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 cotton-wood boards on
either side of the 'room were substitutes 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, 'The Band', of Council Bluffs, reached the
scene at about the same moment. The Govenor was very polite to Jim, who
was just tight enough to be correspondingly polite to the Govenor. Gov.
Izard was the guest of nine ladies who were all that could be mustered
even for a state occasion in Omaha. They were Mrs. T. B. Cumings, Mrs.
Fenner Ferguson, Mrs. J. Sterling Morton, Mrs. C. B. Smith, Mrs. Fleming
Davidson, Mrs. A. J. Hanscom, Mrs. A. D. Jones, Mrs. S. E.  Rogers and
Mrs. G. Miller. Two of the ladies could not dance, and accordingly their
places  were supplied by the same number of gentlemen. The Govenor had a
son by the name of James. He was His Excellency's private secretary, and
wishing to present high example of style, he came in at a late hour
escourting Mrs. Davidson. His bearing was fearfully stately and dignified.
He wore a white vest and white kids, as any gentleman would do, but these
were put in rather discordant contrast with the surroundings. Paddock,
Poppleton,

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Cuming, Smith, Morton, Ferguson, Goodwill, Clancy, Folsom,  attended
besides a large assemblage of legislators attended. The latter crowded
around gazing with astonishment upon the large in number of ladies in
attendance.

   "Jim Orton was the solitary fiddler, occupying one of the barrels in
the room. The dance opened. It was a gay and festive occasion
notwithstanding the energetic use of green cotton-wood, the floor
continued icy. During the dancing several accidents happened. One lady,
now well known in Nebraska, fell flat. Others did likewise. The supper
came off about midnight and consisted of coffee with brown sugar and no
milk; sandwiches of peculiar size; dried apple pie; the sandwiches, we may
observe, were very thick, and were made of a singular mixture of bread of
radical complexion and bacon.

   "The Governor, having long lived in a hot climate, stood around
shivering in the cold, but buoyed up by the honors thus showered upon him,
bore himself with the most amiable fortitude.

   "There being no tables in those days, the supper was passed 'round. At
the proper time, the Governor, under a deep sense of his own consequence,
made a speech, returning his thanks for the high honors done him."

   Thus does Dr. Miller describe the first and last executive ball that
ever took place in Omaha as it came off, over twenty-one years ago when
the town did not contain a dozen ladies all told.




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CHAPTER XI
THE FIRST MURDER TRIAL

ON the afternoon of the 20th of April, a messenger came up to Omaha from
Bellevue with a message from Judge Ferguson to Gov. Izard, requesting him
to send down Gen. Estabrook, the Territorial Attorney, and Sheriff P. G.
Peterson, to investigate a murder.

    Gen. Estabrook, Sheriff Peterson, B. P. Rankin, and Joe Strickland,
one of the printers of the Nebraskian, arrived at Bellevue, on horseback,
at midnight, and there learned that Dr. Charles A. Henry had shot and
killed a young man named George Hollister, who was in the employ of Col.
Sarpy. Henry was imprisoned in the Indian blacksmith shop, where he was
safely guided from the men who had threatened to lynch him.

   Henry was a cool, shrewd fellow, and a town lot speculator; and the
fatal affray had arisen out of a difficulty about a boundary line. Next
morning Rankin called, by request, on Henry, and in three quarters of an
hour came out laughing. In reply to an inquiry, Rankin said he was
laughing at the force of habit as displayed in Henry's case. Rankin had
found him studying a map of Iowa, and

Page 77

he had asked Rankin if he didn't think that such and such a spot was a
good place to lay out a town.

   The coroner's jury acted under the laws Of Iowa as no laws covering the
case had yet been passed by Nebraska. Henry was held for examination,
which took place before Judge Ferguson, who committed him to imprisonment,
with shackles and handcuffs, and also ordering that he should be chained
to the floor. Sheriff Peterson took charge of the prisoner, and carried
out the order of the Court.

   Henry was confined in Peterson's own house, a small one-story frame
structure, which then stood at the southwest corner of Farnham and Tenth
streets. Peterson lived in the rear part and rented the front portion of
it for a saloon and gambling hell, which was, well patronized. This was
the fifth house erected in Omaha, and is
standing yet, but on a different location, having been moved from the
corner south on Tenth street, next to the present City Hotel.(1)

   At the first term of the United States District Court held in the
Territory, a grand jury was specially called for this case. In the
meantime a local U. S. attorney had been appointed, and there-upon Gen.
Estabrook abandoned the suit. The grand jury failed to indict Henry. Judge
Ferguson instead of discharging him, said as he had examined the case
himself, he was satisfied that the murder had been committed and he should
re-commit the prisoner with the same--order-shackles and handcuffs; and at
the same time order a new jury to be called. A. J. Poppleton and O. P.
Mason were the attorneys for Henry. This was the first public appearance
of O. P. Mason in Nebraska. He had known Henry in Ohio, and he felt that
the treatment that Henry was receiving at the hands of the Court was an
unwarranted outrage. Mason was then a seedy looking individual, weighing
about 130

(1) See Page 37, and also the chapter on "Old Landmarks, and Incidents
Connected Therewith."

Page 78

pounds; but his appearance was no criterion of his ability. He a dressed
the Court on the subject of the order as to the shackles and handcuffs,
and the chaining of the prisoner to the floor, in terms of the most
terrible and withering invective that ever proceeded from the mouth of a
lawyer. Instead of committing him for contempt, the Judge yielded to him
and modified the order.

   About that time a flotilla of steamboats, one of which was commanded by
Capt. Wilcox, now of the dry-goods firm of Stephens & Wilcox, came up the
river with a lot of government troops on board for Ft. Pierre. The
cholera, which was then raging throughout the country, had broken out
among the soldiers, one of whom had already died. The surgeon was in a
boat below, and everybody asked for a doctor. Dr. Miller was selected to
attend the cases, and taking his wife along with him, he proceeded up the
river with the troops, and was absent all summer. The house then occupied
by him, which yet stands on Dodge street, just back of the Jones House,
was turned over, all furnished, until he should return, to Gen.
Estabrook's family, who had just arrived.

   The departure of Dr. Miller proved a fortunate circumstance for Henry,
who was himself a physician, and during the absence of Miller he was the
only doctor in Omaha. The accommodating sheriff, Mr. Peterson, accompanied
him in his professional visits. Dr. Henry, with his shackles on, thus made
many warm friends, and the consequence was that the next grand jury did
not indict him. This ended the case, which was the first regular murder
trial in Nebraska.

   Dr. Henry afterwards became a very active and enterprising citizen of
Omaha. In the summer of 1856 he built the first portion of Pioneer Block,
which was then called Henry's Block. He also built in company with another
man the building in which the first drug store was located and run by
himself.



Page 79

CHAPTER XII
FIRST ATTEMPT TO REMOVE THE CAPITAL

AT the second session of the legislature during the winter of 1855-56, a
scheme was started to remove the capital to Douglas City, as it was called
on paper, the objective point being in reality Bellevue Gen.Sarpy, J.
Sterling Morton, Secretary Cuming, and a host of South Platte Men, all of
whom were hostile to Omaha, were interested in the project, to which they
had committed nearly every man in the Territory outside of Omaha, and they
were accordingly sanguine of success. However, to make it more sure, they
thought it necessary to get Gov. Izard out of the way, so that Secretary
Cuming, as Acting-Governor in his absence, could sign the bill. To
accomplish their design on Izard they resorted to a little strategy. The
capital removers had up to this time greatly abused the Governor, and had
frequently called him "granny" or "grandmother Izard." They changed their
tactics now, and J. Sterling Morton and other members of the legislature
introduced some very complimentary resolutions concerning him with the
view of thus inducing him to go on a mission to Washington to

Page 80

procure some appropriation or attend to some other kind of business. These
resolutions greatly pleased His Excellency, and he promised to visit
Washington if they were passed, he being entirely ignorant of the plot at
the time.

Dr. Miller, who was a member of the legislature, and faithful to Omaha's
interest, had been posted in regard to the whole business. He got up and
pitched into those resolutions in a vigorous manner, causing considerable
commotion thereby. Izard was somewhat disturbed by Miller's remarks, which
did not fully reveal the object of the resolution, and in a whisper that
was heard all over the house, he said, to a certain prominent citizen of
Omaha in order to have him go to Dr. Miller to ask him to desist, "For
God's sake let that pass. It's a good endorsement for me."

Izard was called out into the hall, where he talked the matter over with
the gentleman mentioned above, and it was then that Izard first learned of
the soft soap game that was being played on him. It was then agreed that
the resolutions should be allowed to pass, but that Izard should not go to
Washington.

The resolutions were passed, and Gov. Izard remained at Omaha according to
promise. This defeated this scheme. But the whole winter was spent in
attempts to remove the capital to some point, it didn't make much
difference where, if it could only be taken from Omaha. But Izard stayed
right here, thus preventing the carrying out of the plans - and Cuming
finally agreed not to have anything further to do with the various schemes.

It was during this the second session of the legislature that Leavitt L.
Bowen was one of the representatives of Douglas county, and his seat was
contested by Silas A. Strickland on the ground that he lived at Council
Bluffs, being in fact a partner of lawyer A. C. Ford who was afterwards
killed by the vigilantes out in Colorado. Gen. Estabrook was attorney for
Strickland in the contest, which

Page 81

resulted in favor of Bowen. It was while Gen. Estabrook was making the
closing argument in the evening that it was announced that United States
Marshal Eli R. Doyle, who had succeeded Izard, had fallen down stairs in
the Western Exchange building, receiving fatal injuries, and dying in a
few minutes afterwards. Benjam in P. Rankin was the successor of Doyle,
and held the office of marshal for four years, residing in Nebraska till
1861.



Page 82

CHAPTER XIII
THE SECOND CAPITAL REMOVAL SCHEME

DURING the next Session of the legislature, in the winter of 1856-57, the
capital removers again came up smiling with two-thirds of the legislature
pledged against Omaha, so that they could suspend the rules and pass the
capital removal bill over the Governor's veto. They proposed to send the
capital up Salt Creek, by relocating it at a mythical place to be called
Douglas City, which was to be located about where Lincoln, the present
capital, was afterwards fixed. This scheme was principally engineered by
ex-Governor McComas, from Virginia, who was a very sharp wire-puller and
manipulator in such affairs.

These fellows had their new town site. all laid out into shares, which
they had issued to the members, who had their pockets lined with the
scrip. Nearly everybody had been seen and sweetened

Page 83

with this scrip, and it is said that even some of Omaha's Own men accepted
some of it.

   Jones, of Dakota county, had a fist full of it, and told Hanscom about
it, who at the proper time persuaded him to expose the whole business.

   Jones walked into the legislative halls and told his little story,
showing up his scrip which he said he had taken to use as evidence the
exposure he had made. A very great excitement was thus created for a short
time, but it was soon forgotten in the tumult of the subsequent
proceedings.  The capital removers elected their speaker, Isaac L. Gibbs,
and tried to ride rough-shod over everybody, bu eventually failed. Omaha
had only eight votes out of thirty-five in the House. This number was
increased by one vote, which was secured from Dodge county; but at no time
did Omaha have enough votes to prevent a suspension of the rules. Gibbs,
the speaker, paid no regard whatever to parliamentary laws, and it is a
fact that it was a very rough legislature in every sense of the word. The
enemies of Omaha were determined to pass the capital removal bill, and
Omaha was equally as determined to prevent it, as everything was at stake
with the citizens of the place.

   To gain time was the main object Omaha had in view, and to do it they
"talked against time" on every possible occasion, consuming several days
in trivial arguments. Jonas Seeley and A. J. Hanscom did most of the
talking.   Hanscom had control of the campaign for the defense, and
arranged nearly all the tactics.

   A man named Brown, from Plattsmouth, was chief clerk, and as the Omaha
men didn't like him very well, and wanted to oust him, they took occasion
to kill time by taking up his journal every morning, whether it was right
or wrong, and literally picking it to pieces on the slightest pretenses.
It thus frequently happened that half a day or more was consumed
correcting the journal. Brown was

Page 84

afterwards forced to stepped down and out, and Sterritt M. Curran, of
Omaha, stepped up and in.

   Gen. Strickland, now a resident of Omaha, but then of Bellevue, was a
recognized leader and champion of the South Platte folks, and whenever he
would move anything to bring on a direct fight Hanscom would make some
dilatory motion--to lay on the table, to postpone to a certain day, or
indefinitely postpone--thus consuming time, all of which was a part of the
tactics.

   It was a very stormy session all the way through. At one time the
speaker ordered the sergeant-at-arms to arrest Hanscom, who bluffed him
off by saying, "Come no further. You are safer there than you will be if
you come any nearer." The officer evidently saw that he meant what he
said, and the arrest was not made. After the intense excitement that was
caused by Hanscom's bluff had some what subsided, the champions of Omaha
availed themselves of every opportunity to pitch into the speaker, until
they actually made it so warm for him that he dared not occupy the chair.
They made him sick; at least he pretended to be sick, and Strickland was
appointed by him to fill the chair in his absence. The question then arose
whether he could appoint him from day to day, or for a longer period, and
a whole day was thus consumed in argument.

   The South Platte party asked the Governor to call Out 300 militia to
protect them from the Omaha crowd, which was composed of eight men. The
next morning Gov. Izard, whom they had called "grandmother," assembled
both branches of the legislature together and made them a speech. It was
short and pointed. Said he: "Gentlemen, it is entirely unnecessary for me
to call out the militia. Go on and attend to your legislative business.
Behave yourselves, and your grandmother will protect you."

   Every effert was made to induce members of the opposition to

Page 85

flop over in favor of Omaha, but they were all avaricious, and a sum total
of $20,000 was demanded for votes.

One man, hailing from a South Platte county, was so scared and
apprehensive of the results of the excitement and turbulence that
prevailed, that he wished to go home and tell his friends that he was
really afraid of his life. But he wanted from Omaha $5,000 as a
compensation for his absence. "We have not got any money to give to men to
pay them to go home and slander us," said one of Omaha's leaders, who
did'nt think his being afraid of his life was a very good recommendation
for the city. Of course he did'nt get a cent and he soon got over his
scare.

However, enough votes, were secured-but exactly how, this historian is not
aware-for Omaha to prevent the passage of the bill over the Governor's
veto, which virtually defeated the enemy.

Parties-from the South Platte country had come here resolved to "bust up"
Omaha, and even tried to divide Douglas county and remove her county seat
to Florence, Omaha had her hands full and running over with fights, and
she had nothing else to do that winter but to act on the defensive.

The South Platters tried for a while to tire out the Omaha squad by
holding night sessions, but finally an Omaha man "satisfied" several
parties that they were doing wrong, and they came over and voted with
Omaha. That ended the capital removal business for that session, more than
one half of which was taken up by this fight. The rest of the session
passed off quietly.

Just before the final vote was taken on the capital removal bill, Seeley,
of Dodge county, was turned out of his seat for having previously voted
for Omaha.