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Article Title: Nebraska Statehood and Reconstruction

Full Citation: James B Potts, “Nebraska Statehood and Reconstruction,” Nebraska History 69 (1988): 73-83.

URL of article: http://www.nebraskahistory.org/publish/publicat/history/full-text/1988-State_Reconstruction.pdf Date: 2/4/2010

Article Summary: The Nebraska statehood struggle revealed both the character and significance of national Reconstruction policy on the level of local frontier politics. Nebraska’s admission marked the first time that Congress imposed a “condition” upon a new state that impinged upon its acknowledged power to set suffrage qualifications. Nebraska’s entry into the Union in 1867 marked the reassertion of congressional authority over federal dependencies.

Cataloging Information:

Names: Andrew Johnson; Abraham Lincoln; Jacob Howard; George L Miller; David Butler; J Sterling Morton; Clement L Vallandigham; John Thayer; Thomas W Tipton; William P Kellogg; William Lockwood; Herman H Heath; Alvin Saunders; Algernon S Paddock; Turner M Marquette; George Francis Train; Thomas Durant; Benjamin Wade; Charles Sumner; B Gratz Brown; James Woolworth

Place Names: Fort Kearny, Nebraska; Missouri River; Hannibal, Missouri; St Joseph, Missouri; North Platte; Omaha, Nebraska; Kansas; Colorado; Smoky Hill Branch; Republican River; Michigan

Keywords: “Civil Rights Act” “Reconstruction Acts” “Fifteenth Amendment” “Reconstruction” “railroad expansion” “Nebraska territorial assembly” “Pacific railroad” “Union Pacific” “anti-Statehood” “Nebraska Republican” “Omaha Herald” “anti-Negro sentiment” “white suffrage” “Johnson Republican” “Edmunds Amendment” “Nebraska Organic Act” “Home Rule”

Photographs / Images: 1867 Map of Nebraska; Drawing by A R Waud of the building of the Union Pacific Railroad; David Butler and Soldiers’ Union Ticket; Pro-state petition; Thomas W Tipton; Turner M Marquette; Alvin Saunders; Dr George L Miller; Omaha 1867, northwest from Fifteen and Douglas streets

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By 1867 Nebraska comprised only a little more than a fifth ofthe area it had occupied in 1854. (NSHS-M782- 1867-G14m)

NEBRASKA STATEHOOD AND RECONSTRUCTION

By James B. Potts

Following the decisive military tion of Andrew Johnson, and the preoccupied with the complex issues of defeat ofthe Confederacy in the spring reconstruction process became a Reconstruction, the territorial assem­ of 1865, the North faced the political contest between conservative bly of Nebraska adopted a statehood unprecedented problem of restoring supporters of presidential restoration resolution, including a constitution the broken Union. But for two years the and congressional Republicans who which, in line with national practice, effort to achieve a peace settlement favored a more radical re-formation, restricted the voting franchise to white satisfactory to northern Republicans involving the conditional return of the adult males. A partisan measure, enact­ was thwarted by discord between so­ southern states on a basis offundamen­ ed by a predominantly Republican called radical Republicans in Congress tal political and social change. The legislature and subsequently approved and the president - Abraham Lincoln, radical Congress emerged from the by the voters over Democratic party and then Andrew Johnson - over both contest victorious: It passed over opposition, the Nebraska statehood the procedure and the terms for Johnson's veto a series of measures, bill encountered significant resistance reconstructing the former Confederate including the Civil Rights Act in 1866 in Washington from Democrats and states. Indeed, congressional opposi­ and the Reconstruction Acts of March Republicans alike. Congressional tion to Lincoln's plan for the speedy 1867, to ensure the civil and voting critics objected that Nebraska's pop­ and lenient readmission of the seceded rights of southern blacks. Almost con­ ulation was too small and that the state­ states in 1863 set off a struggle over who currently, Congress also enfranchised making procedure had differed too should take the lead in restoring the black Americans in the North and much from the methods of admission Union. After Lincoln's assassination, West, imposing equal suffrage on the prescribed by Congress in the Ena­ the rift widened during the administra- fledgling state of Nebraska and the bling Act of 1864, which authorized the federal territories in 1867, and on the people of Nebraska to form a state James B. Potts is with the history depart­ remaining states of the Union by means government. Mostly, however, the ment at the University of Wisconsin­ of the Fifteenth Amendment in 1870.1 opposition was political and related to LaCrosse. In February 1866 when Congress was national Reconstruction. Quite apart 73 Nebraska History - Summer 1988

from considerations of population and effects of railroad construction were Republican River.1° Nebraska busi­ legal requirements, the admission immediately apparent. Property values ness and political leaders-par­ debate turned largely on pressing in Nebraska soared, especially in the ticularly those north of the Platte - national concerns involving the place of North Platte region where the JIlere believed that statehood was necessary the Negro in American society, the rumor that Omaha had been to defeat this effort. "Now more than status of seceded states, and the scope designated a starting point of the any other period in our history," wrote of congressional reconstruction power. Pacific railroad produced a spectacular the editor of the Nebraska Republican, In the end, questions raised and increase.5 Most important, however, to "do we need a good strong representa­ decisions made in the Nebraska case many residents the Pacific railroad tion in Congress, to defend and protect would have important local conse­ ensured the region's future develop­ our rights while the Railroad Lines are quences - and ramifications for ment as an agricultural and commercial being established through our territory developing Reconstruction policy as center. The iron rails of the Union - more might be gained or lost for our well.2 Pacific would link the territory "with territory by [this] one act than all the Twice prior to the final statehood the great Eastern roads and the Gulf of additional tax would amount to for the drive of 1866, the Nebraska territorial Mexico," local boosters prophesied, next twenty years to come."l1 assembly enacted legislation that and would "render Nebraska the Still, the 1866 statehood movement authorized special elections to deter­ gateway of commerce, not only for our - like that of 1864 - was essentially a mine whether conventions should be own country, but for the civilized political maneuver, "gotten up" by called to frame a state constitution. On world."6 local Republican leaders "to hold both occasions (in 1860 and 1864) the Railroad expansion combined with possession of the territory."12 Of the voters of Nebraska-moved by the lure of free homesteads and the res­ thirty most prominent pro-state Democratic party opposition, sectional toration of peace also spurred popula­ leaders, twenty-seven were Repub,li­ and local jealousies, and a general con­ tion growth. Prior to 1860 Nebraska cans. And though they declared the cern that the territory could not afford had enjoyed a steady, though modest, question to be above politics, most the added cost of state government - increase in population; thereafter the were influenced privately, according to declared against statehood.3 pace of settlement quickened, and the one of their own number, by the con­ Despite the unfavorable popular number of residents jumped from sideration that their party sustained a reaction to statehood, it was clear by 28,841 in 1860 to 122,993 at the political majority and would control the 1866 that the territory's admission decade's end.? Governor David Butler patronage under the new state would not long be delayed. By mid­ estimated that between 1864 and 1866 organization.B Moreover, twenty of the decade Nebraska had begun to Nebraska's population had increased thirty foremost statehood leaders were experience important economic and more than twofold, from 30,000 to federally appointed territorial officials, population changes which, coupled to 70,000. "The tide of immigration ... is many of whom (like Governor Alvin the exigencies of national arid local ... pouring in with increased momen­ Saunders) were determined to become politics, laid the basis for statehood in tum," Butler explained, "and ... our senators, representatives, or state 1867. The first important change had prairies are being taken up with unex­ officers. The majority of the federal occurred in 1863 when Congress ampled rapidity by enterprising set­ appointees were also supporters ofthe announced that two branches of the tlers; [who] ... change, as if by magic, radicals in Congress-or they were Pacific railroad-one terminating at the solitary wilderness to the labeled such by the Democratic Omaha and the other at Sioux City, appearance of civilization."8 opposition-and had begun to lose Iowa-would pass through the Changing circumstances also di­ favor with the president. Federal territory. On December 2, 1863, with minished the scope of political opposi­ officials, faced with the threat of the formal groundbreaking ceremony tion. Anti-statehood sentiment in removal, saw statehood as -a means of at Omaha, the Union Pacific entered populous Douglas County, where retaining political influence and thus Nebraska and by October 1866, its rails residents had voted more than four to actively labored to destroy the system extended beyond Fort Kearny, some one against the proposed constitution that was their prime source of sus­ 275 miles west of the MissoUri. By 1866 of 1860, declined markedly after tenance and power.14 the Burlington and Missouri River, the Omaha became the terminus of the Although they promoted statehood Hannibal and St. Joseph, and other Union Pacific Railroad.9 Moreover, as a popular local measure, Nebraska railroads, all attracted by' liberal Kansas and Colorado politicians were Republicans also acted with consider­ federal land grants, had also begun to pressing Congress to reroute the able outside encouragement from project rail extensions into the mainline of the Pacific railroad farther national party leaders. The great territory.4 south, from the Platte River Valley to motivation for statehood in 1864 had The economic and psychological the Smoky Hill branch of the been, at least in part, the national 74 Building the Union Pacific Railroad and erecting telegraph lines in Nebraska. From a drawing by A.R. Waud. (NSHS-RlS2-3)

Republican organization's desire to statehood advocates canvassed the and submit it to the people for secure additional electoral support for territory soliciting support for their approval.2° Meantime, a "citizens' Lincoln's re-election campaign.I5 cause.17 The state promoters made a committee" of statehood leaders met Similarly, the belief that Nebraska particular effort to persuade Demo­ secretly and drafted a "state constitu­ would provide added votes to effect cratic party leaders "to go in for state." tion" which administration supporters radical Reconstruction prompted "Republicans are almost insane on the pushed through the assembly with vir­ national party support of the territory's subject," wrote George L. Miller. tually no debate. The statehood forces statehood ambitions in 1866-67. "They are willing to do almost anything had the situation so well in hand that Congressional radicals like Senator to get democratic cooperation."18 the document was never printed for use Jacob Howard of Michigan supported At the same time, pro-state in either house, and no amendments the addition of Nebraska (and politicians were laying plans for a new had been permitted.21 "Not one man in Colorado) because, as he bluntly constitution that completely ignored twenty," claimed the Democratic informed his colleagues during the traditional state-making procedures. press, "ever read the document."22 admission debate, "their senators ... The bitter experiences with conven­ From the first, the constitution was and their representatives . . . would tions in 1860 and 1864 caused the state the center of partisan controversy. The greatly increase the Republican loyal men to map out a plan that would pre­ Democrats generally denounced the strength in Congress."16 vent a similar occurrence. Their aim document - "the bastard of dema­ Not only were state leaders moved was simply to reconvene the 1866 ses­ gogism," the Omaha Herald called by other than altruistic motives, but sion of the territorial assembly as a con­ it - and censured the assembly for its their tactics also indicate that they had stitutional convention. Their method "utter disregard of all precedents in the small faith in the electorate or in the of attack was disingenuous: The pro­ formation of State Governments." Not popularity of statehood itself. Al­ state men printed and distributed only had the legislature acted illegally, though pro-state sentiment was grow­ petitions throughout the territory that charged the Herald, but, in the ing, they knew that many residents, requested the legislature to draft a assembly proceedings, the statehood particularly Democrats, still opposed state constitution and thus "avert the question itself had been buried and the project. Sobered by such expenses incident to the election, "was designed to be so buried out of knowledge, statehood leaders moved assembling, and sitting of a ... Conven­ sight and hearing in a grand scramble forward with considerable preparation. tion."19 Governor Saunders responded for office; nominations and promises of During 1865 and 1866 the pro-state to this arranged mandate in his annual appointment to place being boasted by press conducted an intensive news message by suggesting that the law­ the Republican magnates as [the] campaign expounding the many advan­ makers for the sake of expediency, means by which public sentiment was tages of speedy admission, and might themselves write a constitution to be bought into voting for the 75 Nebraska History - Summer 1988

[Nebraska statehood] measure."23 Lively controversy attended the The statehood campaign proceeded ratification campaign. The Republi­ apace despite Democratic press cans took up the cudgels in favor of attacks. Having set both the ratifica­ admission and, although they claimed tion date and the election of state to be neutral on the state question, the officers for June 2, the Republicans Democrats "worked as hard to defeat met at Plattsmouth on April 12 and . . . [the constitution] as they did to nominated David Butler, a Pawnee City secure votes for their own candidates merchant, for governor on a platform for governor, or judge, or members of urging immediate admission into the the legislature."3o James Woolworth Union.24 The Democrats, by contrast, observed that "every influence, every were divided on the issue. The division device [and] every false argument" was related mainly to the practicability of pressed into service by both sides.31 electing a state ticket when the voters Aside from statehood, the campaign went to the polls to approve or reject revolved around national party issues the constitution. One faction, com­ and personalities. The Republicans, prised of J. Sterling Morton and others for their part, waved the Civil War who sought to delay admission until bloody shirt and reminded Nebraskans Nebraska was back into the Demo­ of alleged Democratic opposition to the cratic column, was in favor of refusing Union cause. Morton, a peace Demo­ to run a ticket. They sought instead to crat during the war, bore the brunt of base the Democratic campaign upon Republican assaults. His imputed dis­ opposition to the constitution.25 Butfor loyalty was paraded before the elec­ the majority, particularly those torate by GOP editors and party Democrats who held "Omaha's future orators. Morton, "the golden circle first," such an all or nothing proposi­ champion of the North," charged the tion was unthinkable.26 Rather, the The Republicans, under the Union Nebraska Republican, "persistently party should nominate a ticket, remain party label, in 1866 nominated a ticket opposed coercion of the rebel states. silent on the statehood question, and headed by David Butler (above) of He discouraged recruiting and attempt to capture control of the new Pawnee City. (NSHS-B985-2; NSHS­ opposed war on any footing; and fully state government. "We had better RG2) espoused the doctrine of [Clement L.] nominate," Miller urged Morton. "We Vallandigham ... advocating peace on can carry the legislature in spite of the such terms as the rebels should devil, and I am not sure but we may dictate."32 elect the Rep[resentative] ... [and] the The Democrats were scarcely less

next del[egate]."27 . - .. -. -~--yor-·G01ii"it;r;·-··- . violent in their attacks on Republicans . With the majority favoring a state DAVII? BUTLER.. Democratic spokesmen, taking advan­ ticket, Democratic party leaders F"f. si?c:Ii~:'lNUif.t•. tage of the Republican discord in . For Stilt. Audit'!!.>. decided to "discountenance faction JOHN GILLESPUi •. Washington and anti-Negro sentiment and go straight ahead."28 Meeting at in the territory, directed their guns on AJ'&'"U~~ ~&~. Nebraska City on April 19, the party For CHW ..Ttut!c., radical Reconstruction - and aimed nominated the anti-state Morton for . O. 1'. lIilSON. . especially at the suffrage issue. The F",. Auoci.... J"If!C~, radicals, they claimed, planned to con­ governor and enacted resolutions that fu:~~~S;:h •. . I related almost entirely to national For~C"!!!l':.eu. vert Nebraska into "a negro colony to Reconstruction issues. Shaped pri­ T. M:.. ~UE'lTE' which plantation negroes may be marily to entice presidential coopera­ . ; imported to vote down white men."33 tion in "a war on [radical] officials,'.' the "Every vote for Butler is a vote in favor Democratic platform applauded the of negro suffrage in Nebraska ... a vote public actions of Andrew Johnson, con­ against the Democratic ticket is a vote demned Nebraska Republicans for in favor of negro-suffrage and for their failure to support the president in equality."34 "his legitimate endeavors to restore ... The advantage, however, was with the American Union," and completely the administration and the election, ignored the issue of statehood.29 while close, resulted in a virtual 76 Statehood and Reconstruction

Republican sweep. Nebraska voters approved the constitution by a slim 100-vote majority and elected the I entire GOP ticket with the exception of ~elma .... _I the candidate for chief justice. Demo­ ·~:the Honorable the Legislative Assembly of the Terri- crats contested the results, charging , tory of Nebraska: .,.. irregularities and fraud in the counting of the votes.35 The Republicans, of :Jludmiguetl, Citizell! of the "erritory of !l!ehrnRkn, witllOot distinetion of .party, lielie"ing that t~e intprerts of tlle JX;Opl~ would be materially ad"aneed and course, denied Democratic allegations promoted by .thead?p~lOn of a Sta~ .c0UBtituti?n and Go,emment, unde~ p~per and pushed instead to complete the limitations and :reatriebons, and dPSmng to aVOid oud avert the ('xp~nses mCldp,!~ apparatus of state. Controlling the first to the elpetiou, ·l1IISe1I1bling aud sittinjl: of a. Coustitutional Cim,ention, re8ppetfully .. request that your hono1'8ule body will, at the eoming ~iun of the J,egislath'e "state" legislature, which met in • A88eDlhly, frame a {:onstitution Jor the State of Nehrnskn, WIth a new to nn enrly "d. Omaha in July 1866, they elected two miaaion into the Uniou as a State. We desire that !I:1id Co118titution sholll'ro,ide: or Bienial Sessiuns. ilfthe .LegiI!lMi,e A!I8ellIbly~ with such n.umber of melllbers, !n Republican senators (John Thayer and the two brouohes,. 8ft yonrjudgment shall dietatt', in ,iewof IL "Loe eeunomy Illld Thomas W. Tipton) and called another a pro~ regard fortlie welfare of the Statt'. or· a limitation or the. power ot the Legislature to create·o State Debt without an election for October 9 to choose a afBrmative vote or. the people: delegate to Congress and a territorial or reasonahle 8llhuie& for.BlI J,>lIblic officei'll, expeutive, l<>gislati'B "nd judic,inl-k('cp. legislature, should Nebraska not be . ingin. vieW', in ~he determmation of such Rnlarie8, the procurement of the 8('n'il'l'S .of .lOD1petent men, with IIl1Ch other anel forthill' pronsioll8 8[1, in yonr judgmellt. admitted to the Union, and a congress­ wm he l,romoti,e of the general we1fiut>. man and a state legislature, in case hat tbe Constitution, when (10 frnmro, he submitted to a ~ote of the people of Ne­ braska, at some early day, to be fixed by the legislative _mbly. statehood should be achieved.36 ,iew of the recent aetion of the people of (.'Qlor:.do, in forming a state ~,ernment. Even though they had won the and tl>e fact that the vsrled interests of our people require a proper n-presentation in both branches of congress, a.nd for ma.ny uther re8l!0118 whicli will he Ilpparent . statehood fight at the local level, to your hono1'8ble body, we n-spectfnlly but urgen~ly requ~ that the action abo,e . Republican leaders were discouraged indil'llted, be had at an ",orly dn~- uf the approachIng ~on. by prospects in Washington, where Nebraska's admission encountered .. ----+-----... ~----.. ------opposition in the summer of 1866. Especially worrisome was the hostility of Andrew Johnson, who was at odds with Republicans in Congress over the question of Reconstruction, and was unwilling to admit another state that might be controlled by the radicals. Moreover, the territorial Democrats actively encouraged the president in his opposition to Nebraska statehood. Some weeks after the election, anti­ state leaders journeyed to Washington "to prove that state was defeated by a great majority and that a great fraud was perpetrated in canvassing the votes for the purpose of making the legislature radical."37 Nevertheless, the admission bill passed Congress in July 1866, over the scattered opposition of Democrats and a small bloc of radicals who opposed the "white suffrage'.' pro­ vision in the constitution. President Johnson, however, allowed the bill to lapse by pocket veto.38 Johnson's denial of Nebraska statehood had important local reper­ cussions. Prior to the veto, Republican Pro-state politicians circulated petitions requesting the Nebraska territorial legislature officials in Nebraska (despite Demo- to draft a state constitution. (NSHS-RG2) 77 Nebraska History - Summer 1988

cratic charges to the contrary) had federal appointments in the territory, generally declined involvement in the while Republican members manipu­ national Reconstruction debacle, and lated the organization for their own with good reason. Republican leaders political advantage.45 Indeed, the were chiefly determined to attain intriguing that underscored the brief statehood, an achievement that history ofthe Johnson coalition caused required the approval of both the one hostile editor to remark that "the national legislature and executive. Still whole crowd of 'outs' can be summed a territory, Nebraska was also depen­ up for their desire to be 'ins'."46 dent on the president and the Congress The conservatives' difficulties came for patronage and appropriations. into the open in the summer of 1866 Under these circumstances, Nebraska over the selection of territorial officials were understandably reluc­ delegates to the National Union party tant to take sides in the Johnson­ convention, called by supporters of radical dispute.39 But after the veto, Andrew Johnson for August 14 in statehood partisans, including Gover­ Philadelphia. No less than three sets of nor Saunders and a majority of the delegates were chosen. On July 19, federal officers, irked by Johnson's prior to the adjournment of the first obstructionism and perhaps sensing state assembly, the Democratic mem­ that the president's influence was on bers of the legislature caucused in the decline, turned increasingly to the Omaha and selected Morton and Republican Congress for support. Andrew J. Poppleton as delegates.47 Anti-state Republicans, led by William Thomas W Tipton. (NSHS-P853) Shortly thereafter, another faction, P. Kellogg, William Lockwood, and engineered by George Francis Train Herman H. Heath, all of whom were and Judge William Kellogg, met under candidates for Alvin Saunders's job, the Indian agents generally."43 the guise of the "Omaha Johnson adopted the Johnson label as a vehicle Certain factors, however, operated Club" and, after excluding from par­ to power.40 against the success of the Johnson ticipation all who had opposed Lincoln The division of the Republicans and movement in Nebraska. The first was in 1864, selected William F. Lockwood the announced intention of President that Johnson's strength in the Senate, and Train as their emissaries to Johnson "to remove all radicals in which had to ratify his appointments, Philadelphia.48 A thii-d faction, led by office and to appoint ... friends in their was on the wane. Thus, while a few Herman H. Heath, a political adven­ place" heartened Nebraska Demo­ federal officials lost their jobs, most turer who claimed to represent the crats, who also expected to use the (including the governor) escaped authority of the National Union party executive patronage to gain control of unscathed. Moreover, the president's organization, met at Plattsmouth on the territory.41 In the summer of 1866 flirtation with Nebraska Democrats July 31 and selected James R. Porter, they joined with the "Johnsonized" coupled with the threat of dismissal Lockwood, and Heath as Nebraska's Republicans in a concerted drive to drove the federal officers farther into "official" Union party delegation.49 eliminate their enemies. Throughout the radical camp and strengthened Party dissension receded enough to the summer and fall Johnson men their determination to secure state­ enable the various factions to nominate hurled accusations against Saunders hood.44 a common ticket for the fall election. and other federal officers - "the prin­ Meanwhile, the conservative­ On September 11 the Democrats and cipal men in the nefarious plottings to Democratic coalition was itself badly the Johnson Republicans met at steal victory from the supporters of the divided. Much of the trouble was sim­ Plattsmouth and nominated the President" - and petitioned the ply that of factional rivalry between Democrat Morton for delegate and the administration to remove the "ram­ ambitious leaders vying for political territorial secretary, Algernon S. Pad­ pant, raving radicals" from office and control. For aside from political prin­ dock, a Republican, for congressman. replace them with "honest capable ciples, party leaders were equally con­ The regular Republicans, meeting at Union men."42 The conservatives cerned with the future division of the Omaha, countered by selecting John might yet control the territory, Demo­ federal patronage and political power. Taffe, a lawyer who later served as sec­ crats informed the president, "if you Opportunistic Democrats, like Morton, retary of Colorado Territory, and Tur­ will immediately cut off the heads who actively sought the superinten­ ner M. Marquette, respectively for the officially of Alvin Saunders. .. [the] dency of Indian affairs at Omaha, used posts of congressman and delegate.5o A Superintendent of Indian Affairs, and the movement as a vehicle to control third candidate, George Francis Train, 78 Statehood and Reconstruction

Turner M Marquette. (NSHS-P853) a North Platte land promoter con­ nected with the Union Pacific Railroad, entered the race as an independent candidate for Congress. Train, a close friend of Thomas Durant and other Union Pacific officials, apparently sought to carry the northern counties and win the election with the aid of Omaha and the railroad. His failure to secure significant Union Pacific or Omaha backing, coupled with the urgings of local Johnsonites, caused him to eventually withdraw, but not before he had placed greater strains on the conservative alliance.51 The fall campaign centered pri­ marily on national party issues. The Democrats denounced radical Recon­ struction while the Republicans urged voters to "vote for the old flag" and against the party of treason. On elec­ tion day the majority voted "the way our brave soldiers shot," and the Republicans elected the delegate and the congressman and a majority of the members of the legislature.52 Alvin Saunders, territorial governor of Nebraska, 1861-67. (NSHS-S257) The Nebraska question came before the Congress again on December 5, 1866, when Ohio Senator Benjamin Wade introduced a bill for the admis­ sion of the territory on the basis of the 79 Nebraska History - Summer 1988

1866 constitution. His proposal encoun­ The Nebraska debate also disclosed tered opposition from both conserva­ important divisions among Republi­ tive and :radical factions. Democrats cans (and among radicals) over the and conservative Republicans, moti­ finality of the Fourteenth Amendment vated by the consideration that the as the basis for Reconstruction. In 1866 addition of Nebraska would strengthen Congress had legislated the amend­ the radicals, opposed admission on the ment which, among its other pro­ grounds that the territory still had too visions, gave the Congress the power to small a population and that the con­ reduce the representation of any state stitutional proceedings had differed unlawfully restricting the right of suf­ too much from those methods spelled frage. Many Republicans, moderates out in the 1864 enabling act. 53 and radicals alike, inclined toward the Though a Republican sponsored position that southern states would be measure, Nebraska admission also met restored when they ratified the amend­ with much opposition within the GOP ment - as had been the case of Ten­ ranks. Charles Sumner, B. Gratz nessee in 1866.59 Even Wade admitted Brown, and others foremost in the during the Nebraska debates that he crusade for black rights, while they felt obligated to restore rebel states generally shared the party's desire to that complied with the Fourteenth admit another Republican state, Amendment. Doctrinaire radicals, opposed the admission of Nebraska however, refused to accept the amend­ because the constitution contained the ment as the final step. Sumner, rather, word "white" in its qualifications for insisted that every southern state voting. Humanitarian idealism cer­ "before its representatives were tainly accounted for the hostility of received in Congress, should confer Sumner, who pronounced the admis­ Dr. George L. Miller. (NSHS-P853) equal suffrage, without distinction of sion bill "one of the most disastrous color."60 measures that has been introduced The Nebraska admission debate into Congress" because it would importance when we consider its bearing eventually resulted in the interposition "impair the moral efficiency of Con­ upon our duty to the rebel states." of a new principle into the· standard gress" and "injure its influence."54 Clearly, if Congress established such admission procedure. On January 9, More important to radicals like Sum­ authority in the Nebraska case, the way 1867, the Senate attached the so-called ner, however, the admission of Ne­ would be open to extend federal con­ "Edmunds Amendment" to the braska with its restrictive constitution trol over voting rights as a basis of statehood bill that provided that the would prove "something like a bar reconstructing the southern states.56 act "shall take effect with the fun­ against the adoption of just measures Whereas doctrinaire radicals like damental and perpetual condition that for the rebel states."55 Sumner, unlike Sumner insisted on racial equality and within the said state of Nebraska there the more moderate Republicans, impartial suffrage, moderates and shall be no abridgement or denial of ... denied that the southern states ever practical radicals like Benjamin Wade the elective franchise, or of any other seceded; instead he argued that by their (who labeled the Nebraska bill "an right, to any person by reason of race or acts of rebellion they had committed independent proposition ... detached color, excepting Indians not taxed."61 suicide and had thus reverted to the and different from the question of Conservatives objected that Congress status of territories. As such they were Reconstruction") were prepared to had no right to interfere with suffrage subject to whatever rules and compromise such issues for immediate requirements set by a sovereign state, regulations Congress might impose political gain.57 Wade and other but to no avail. On January 9, 1867, the and could not regain their statehood Republican senators determined to Senate passed the measure as amend­ except on such conditions prescribed wrest control of Reconstruction from ed. One we~k later, the admission bill, by Congress. But since congressional the president, were quite willing to further amended to direct the Ne­ authority to control the franchise in accept Nebraska's admission evenwith braska legislature to declare assent "to states after admission had never been suffrage restrictions because, as Wade the said fundamental condition," car­ clearly established by precedent, the told the Senate, additional members ried the House by a vote of 103 to right of Congress to impose equal suf­ from Nebraska promised to strengthen 55.62 frage on Nebraska became, in the the anti-Johnson forces in the President Johnson opposed the bill words of Sumner, "of transcendent Congress.58 on constitutional grounds. In his veto 80 Statehood and Reconstruction

message, delivered on January 29, member . . . must answer for haVing sion to the Union would no longer be 1867, Johnson denied Congress the declared that Congress, and not the allowed to adopt suffrage restrictions right to regulate the elective franchise people of Nebraska, has supreme based on race.66 From a view of "of any State." "This condition," he power in determining the quaJifications developing territorial policy, the declared, "is not mentioned in the of the electors in their state."64 admission of Nebraska takes on original enabling act; was not contem­ Nevertheless, the Nebraska legislature another significance. Nebraska's entry plated at the time of its passage; was accepted the "fundamental condition" into the Union in 1867 marked, in not sought by the people themselves; on February 20, 1867. Nine days later, dramatic fashion, the reassertion of has not heretofore been applied to the on March 1, President Johnson pro­ congressional authority over federal inhabitants of any state asking admis­ claimed Nebraska a state.65 dependencies. sion ... [it] is in direct conflict with the The Nebraska statehood struggle The concept of popular sovereignty constitution adopted by the people" revealed both the character and written into the Nebraska Organic and "is in clear violation of the Federal significance of national Reconstruction Act of1854, which implied that frontier Constitution." Despite presidential policy on the level of local frontier regions were ready for self-government objections, however, the Congress, by a politics. In terms of national Recon­ immediately upon settlement, had rep­ straight party vote, passed the bill over struction politics, Nebraska served as resented an important concession his veto on February 9,1867.63 something of a prototype for later towards territorial home rule, and had The "fundamental condition" reconstructed states. Nebraska's undermined the theory of the attached to the statehood bill drew admission marked the first time that Northwest Ordinance that new regions harsh criticism in the territory. "Let the Congress imposed, in any essential re­ were unfit for self-government until State Legislature assemble and accept spect, a "condition" upon a new state they passed through specific stages of the conditions precedent imposed by that impinged upon its acknowledged development. After 1861, however, Congress, if it dare," warned the power to set suffrage qualifications. American territorial policy entered a Omaha Herald, "but remember that And it served notice that, in the future, new phase in which the territories before the people of Nebraska, every ... states seeking admission· or readmis- generally were made to serve as

Omaha in 1867, northwest from Fifteenth and Douglas streets. The two-story structure in the background is the territorial capitol. (NSHS-054-11) Nebraska History - Summer 1988

"instruments to forward the nationalist WPA. Messages arul Proclamations of the Gover­ statehood would attract eastern capital and nors of Nebraska, 1854-1941, l(Lincoln, 1941), increase population; it would secure for Ne­ policies of the Republican Party."67 A 196-97. braska federal land allocations which territories major consequence of this shift in sStanley P. Hirshon, Grenville M Dodge: could not receive; and, most important, it would Soldier, Politician, arul Railroad Pioneer protect Nebraska railroad interests. As to the federal-territorial relations was en­ (Bloomington, Ind., 1967), 161-62; Council Bluffs added cost of statehood, the new government larged congressional control. This Nonpareil, November 21, 1863. would cost but $25,000,000 a year, a figure which policy shift was clearly reflected in the 6Messages arul Proclamations, 197, 263; could be easily met by the expected revenues Athearn, Union Pacific Country, 42. from state land sales. Advocates also maintained Nebraska debates of 1866-67. In a 7Mary Ann Jakl, "The Immigration and Pop­ that statehood was needed to protect Nebraska's speech before the Senate on December ulation of Nebraska to 1870" (M.A. Thesis, agricultural interests, for without represent­ 20, 1866, George F. Edmunds of Ver­ University of Nebraska-Lincoln, 1936), 54-55. atives in Congress to oppose industrial tariffs, 8Messages arul Proclamations, 261-62. In a the region would soon become "the burthened mont declared it to be "plain and speech before the U.S. Senate, Benjamin Wade taxpayers to eastern neighbors." beyond contradiction that it is within the declared that the Bureau of Statistics estimated 18J. Sterling Morton Diary, July 13, 1865; Nebraska's population at 88,530 as of April I, George L. Miller to J. Sterling Morton, August29, clear constitutional power of Congress 1866. Congressional Globe, 39 Congress, 2nd Ses­ 1865, J. Sterling Morton Papers, Nebraska State to prescribe the terms and qualifi­ sion, 125. Historical Society, Lincoln. cations and the time and the fitness 9Forty-eight percent of Douglas County voters 19James W. Woolworth, "The Admission of favored ratification ofthe 1866 constitution com­ Nebraska," Transactions arul Reports of the Ne­ upon which any new state shall be pared to only eighteen percent who had suppor­ braska State Historical Society, 5(1893), 84; created out of any of its territories." ted the 1860 statehood proposition. In fact, "Memorial to the Eleventh Legislative Moreover, he added: pro-state support increased significantly in Assembly," Records of the Secretary of State­ nearly every North Platte county between 1860 Nebraska, 1855-1920, Lincoln, Nebraska. It is a right which cannot be questioned at all; and and' 1866, particularly in those counties that 2°Messages arul Proclamations, vol. 1, 198-99. it is a right which, independent of the Constitu­ straddled the projected routes of the Pacific 21 Olson, Nebraska, 129-30; James W. tion, flows logically and necessarily from the su­ Railroad. For comparison of the results of the Woolworth, "Admission of Nebraska as a State," preme legislative dominion which we have over 1860 and 1866 elections see James B. Potts, Nebraska State Historical Society Publications, the territories .... We having exclusive and com­ "Nebraska Territory, 1854-1867; A Study of 5(1893), 183-85; J.H. Broady, "D.P. Mason," plete jurisdiction over these territories, and Frontier Politics" (unpublished Ph.D. disserta­ Transactions arul Reports of the Nebraska State [complete discretionary power) ... may never dis­ tion, University of Nebraska-Lincoln, 1973), Historical Society, 4(1892), 53; and James C. pose of its public lands there; land) when 208-9, 292-93; also Morton and Watkins, Ne­ Olson, J. Sterling Morton (Lincoln, 1942), 138- organized it [Congress) may keep it in the per­ braska. vol. 1. 423-534. 39. petual condition of a territory if it pleased.68 10Athearn, Union Pacific Country, 46-48; 22Quoted in J. Sterling Morton and Albert Wat­ Howard Roberts Lamar, The Far Southwest, kins, History of Nebraska, l{Lincoln, 1918). 352. Edmunds's assertion that federal rule 1846-1912: A Territorial History (New York, nOmaha Weekly Herald, Special Supplement, was paramount in the territories clearly 1970), 252-53. February 23, 1866, demonstrated the rejection of the doc­ 11Nebraska Daily Republican, December 26, 24Turner M. Marquette, "Nebraska's Silver 1865. Anniversary," Transactions arul Reports of the trine of popular !lovereignty and home 12H.D. Hathaway to Samuel Maxwell, January Nebraska State Historical Society, 5(1893), 115; rule for the territories and indicated 22, 1866, Samuel Maxwell Papers, Nebraska also see Olson, J. Sterling Morton, 140; Nebraska the Republican intent return in princi­ State Historical Society, Lincoln. Herald, May 23, 1866. to I3Thomas W. Tipton, "Forty Years of Nebraska 2s0lson, J. Sterling Morton, 140; Olson, Ne­ pIe to the territorial policy outlined by at Home and in Congress," Nebraska State His­ braska, 130. the framers of the Ordinance of 1787. torical Society Proceedings and Collections, "Brown, "George L. Miller," 303-4. second series, 5 (1902), 23. . 27James Woolworth to Morton, September 16, 14Charles Gere, a prominent Nebraska 19, 1865, George L. Miller to Morton, March 12, Republican, noted that while debates over 1866, J. Sterling Morton Diary, April 15, 16, 1866,. NOTES statehood were "ingeniously engineered so to Morton Papers. That the federal crisis in make it appear that purely economic and finan­ Washington affected local Democratic politics is 1The impact of reconstruction policy on the cial principles were at stake," the real motives (on obvious. During 1866 a shift in national party western states and territories is fully treated both sides) were never proclaimed publicly. lines seemed likely to occur, and many Nebraska in Eugene H. Berwanger, The West arul Many Democrats, for example, were not opposed Democrats, including Morton, were anxious to Reconstruction (Urbana, Illinois, 1981), 3-4, 129- to statehood on its own merits, but rather resist­ forestall statehood until the government was in 84. ed immediate admission because of the political their hands. Morton believed that Democratic 2The Nebraska statehood issue was paralleled status of the territory. Nebraska Democrats, control could more easily be effected under in the Congress by a nearly identical debate over especially after the Johnson-radical break in territorial administration, particularly should Colorado. A Republican territory like Nebraska, 1865-66, sought merely to delay admission until President Johnson be persuaded to remove the Colorado applied for admission in 1866 with a the party was strong enough to control state "radical" officials of Nebraska and turn the state constitution that also restricted the suf­ government. As one prominent Democrat, government over to his Democratic friends. Butit frage to whites. Predictably, the Colorado George L. Miller, admitted privately; "I shall be a might well be thatthe Democratic decision to run statehood measure encountered the same 'state' whenever I think it is clear that we can elect a state ticket in 1866 was also determined by opposition, raisedthe same questions and, in the two Democrats to the Senate." Brown, "George Johnson's maneuverings. As early as September i. end, woulc;l have much the same influence on L. Miller," 305; Charles H. Gere, "Admission of 1865, James Woolworth wrote Morton: "It cer­ national policies as the Nebraska bill. Nebraska," Transactions arul Reports of the Ne­ tainly appears as if Johnson is going to take 3James C. Olson, History ofNebraska (Lincoln, braska State Historical Society, 1(1885), 163-64. democratic ground ... as if he were about to turn 1966), 124-25. Wallace Brown, "George L. Miller 1sOlson, Nebraska, 123. the government over to our party .... These are and the Struggle Over Nebraska Statehood," 16Quote taken from J.L. Webster, "Con­ possibilities ... we should act with an eye to what Nebraska History, 41 (December, 1960), 301-4; troversy in the U.S. Senate Over the Admission may happen. Should these possibilities be and Albert Watkins, "How Nebraska Was of Nebraska," Nebraska State Historical Society realized we may in the course of a few months see Brought Into the Union," Nebraska State Histori­ Publications, 18(1917),370. reasons for coming in as a state which are not now cal Society Publications, 18(1917), 391. I7Nebraska Daily Republican, November 18, apparent. We ought not to foreclose our future ... I' 1865; January 19, 1866; January 20, 1866; Feb­ by positive action now." James Woolworth to I 4Robert Athearn, Union Pacific Country , (Chic~go, 1971), 53; Olson, Nebraska, 177-79; ruary 5, 1866. The pro-state press argued that Morton, September 19, 1865, Morton Papers. 82 Statehood and Reconstruction

28Miller to Morton, March 12, 1866, Morton 41W.A. Richardson to Morton, June 1, 1866, 57 Congressional Globe, 39 Congress, 2nd Ses- Papers. Morton Papers. sion, 199. 29Nebraska Party Platforms, 26-27; Olson, J. 42Nebraska City News, July 21, 1866; Morton, 58fuid., 127, 335. Sterling Marton, 141; and Berwanger, The West Miller, et ai, to Andrew Johnson, August 17, 1866, 59Ibid., 124, 128. and Reconstruction, 95. Interior Department Appointments, Nebraska 6OIbid., 260. 30Gere, "Admission of Nebraska," 163-64. file; also H.H. Heath to Johnson, May 12, 1866, 6IIbid., 360. 31Woolworth, "Nebraska's Admission," 85. Nebraska Appointments; Heath to Morton, June 62Ibid., 480-81. 32Nebraska Daily Republican, June 1, 1866. A 4, 1866, Morton Papers. 6lJames D. Richardson, ed., A Compilation of Congressman from Ohio and an outspoken critic 4lGeorge L. Miller to Andrew Johnson, Sep­ the Messages and Papers of the Presidents, 1789- of the Lincoln administration, who was also a tember 22, 1866; William A. Richardson to 1897, vol. 8 of 10 (Washington, 1897),3688-89. friend and correspondent of J. Sterling Morton, Johnson, September 8, 1866, Nebraska 640maha Weekly Herald, February 16,1867. Clement C. Vallandigham was arrested by Appointments. 650lson, J. Sterling Morton, 147. Actually, Ne­ federal authorities in the spring of 1863 for sym­ 44Miller to Morton, November 4, 1866, Morton braska lawmakers had little choice since Con­ pathizingwith the enemy. Tried and convicted by Papers. Johnson made no patronage moves in gress had recently enacted the Territorial a military tribunal, Vallandigham was imprisoned Nebraska until after the October election, much Suffrage Act, enfranchising blacks in all federal and subsequently banished to exile in the Con­ to the chagrin of the conservatives, who had territories. Thus if Nebraska had rejected the federacy. For a thorough discussion ofthe Vallan­ counted on the "cordial cooperation of officials "fundamental condition," she would have digham case, and of "Copperheads" in general, there." Moreover, most of Johnson's nominees remained a territorY and blacks would still have see Frank L. Klement, The Copperheads in the for Nebraska offices were eventually rejected by been enfranchised under federal law. As Eugene Middle West (Gloucester, Massachusetts, 1972). the Senate. Consequently, the only noteworthy Berwanger has noted, the suffrage issue was 3lOmaha Weekly Herald, June 1, 1866. change occurred in the northern superinten­ effectively neutralized by "the realization that 34Nebraska City News, May 26, 1866. dency of Indian affairs at Omaha where the black Nebraskans would vote whether or not the 350lson,J. Sterling Morton, 142-43; Morton and superintendent, E.B. Taylor, and other "radical" legislature accepted the condition." Berwanger, Watkins, Nebraska, vol. 1,534; James F. Peder­ Indian agency employees were dismissed. Ber­ The West and Reconstruction, 149. sen and Kenneth D. Wald, Shall the People Rule? wanger, The West and Reconstruction, 98-99. 6"There is little doubt that several radicals, A History of the Democratic Party in Nebraska 45 Augustus C. Dodge to Louis Bogg, November including Senators Sumner, Brown, and Politics (Lincoln, 1977), 36-38. Democrats 1, 1866, Morton Papers; T.T. Dwight to Morton, Edmunds and Congressmen Dawes, Banks, charged that the Republican controlled July 2, 1866; James Woolworth to Morton, Boutwell, and Wilson believed that it was territorial board of canvassers illegally counted undated, 1866; James G. Megeath to Charles necessary to establish, in the case of Nebraska, the vote of the First Regiment of Nebraska Mason, September 29, 1866; Henry Dodge, A.C. the authority to set conditions "upon which a Volunteers stationed at Fort Kearny, which was Dodge and C. Mason to Andrew Johnson, state shall be admitted to the Union or restored allegedly composed of non-residents. The October 13,1866; Morton to Johnson, November to political power." Nathaniel Banks told the Republican canvassers also set aside the returns 16, 1866; Joseph Paddock to Morton, November House during the Nebraska debate that "the time from Rock Bluff precinct in Cass County, which 6,1866; Joseph Paddock to Johnson, September has come when conditions upon which a state had voted solidly for Morton and against the con­ 24, 1866; Nebraska Appointments. shall be admitted to the Union or restored to stitution on a technicality, while ignoring similar 4<>Nebraska Herald, August 1, 1866. political power, must be made in express terms in irregularities in GOP strongholds. The official 470lson, J. Sterling Morton, 144. the act of admission or restoration by the law­ returns thus recorded showed the constitution 4'Nebraska Daily Republican, August 2, 1866; making power .... Reorganization of this govern­ ratified by a vote of 3,938 to 3,838 and Butler Omaha Weekly Herald, July 20, 1866. ment can never be safely effected except it be elected, 4,093 to 3,984. Moreover, the rejection of 49 0lson, J. Sterling Morton, 144; Omaha Weekly upon conditions irrevocable by the states ... and the Rock Bluff vote also ensured the election of Herald, August 10, 1866; Nebraska Daily expressed in the act of admission or restoration ... five additional Republican legislators from Cass Republican, August 7, 21, 1866; S. Howard if hereafter this question shall arise in regard to County and gave Republican lawmakers the Calhoun to Morton, August 4, 1866, Morton the restoration and readmission of the insurgent votes necessary to elect John Thayer and Papers. states, and they shall be able to affirm that the Thomas Tipton to the United States Senate. 50 Olson, J. Sterling Morton, 145-46. Congress has no right to impose conditions, or in 36Woolworth, "Admission of Nebraska," 86-89; 5Webraska Daily Republican, October 9, 1866; imposing conditions it has no power to enforce Olson, J. Sterling Morton, 142-44. Nebraska City News, October 13, 1866. them, from the moment that doctrine is accepted l7T.T. Dwight to Morton, June 18, 1866, Mor­ 52Nebraska Daily Republican, October 8, 1866; the Government of the Union is at an end. It is in ton Papers. Olson, J. Sterling Morton, 147. the hands of its enemies and will be destroyed." 380lson, J. Sterling Morton, 146. 5lCongressional Globe, 39 Congress, 2nd Ses­ Congressional Globe, 39 Congress, 2nd Session, 19Berwanger, The West and Reconstruction, 65- sion,121-29,162-70,184,199,216-39,354-58,448- 456. 66,94. 56. 67For a brief resume of American territorial 4°William F. Lockwood to MortOn, November 54Congressional Globe, 39 Congress, 2nd Ses­ policy changes see Howard Roberts Lamar, 8, 1866, Morton Papers; Herman H. Heath to sion, 124. Dakota Territory, 1861-1889: A Study in Frontier Andrew Johnson, August 6, 1866; Augustus C. 55Ibid. Politics (New Haven, 1966), 14ff. Dodge to William Seward, September 23, 1866; 56Congressional Globe, 39 Congress, 2nd Ses­ 68Congressional Globe, 39 Congress, 2nd Ses­ U.S. Department of State, Territorial Papers, sion, 124; also Kenneth Stampp, The Era of sion, 215. Nebraska Appointments (hereafter, Nebraska Reconstruction, 1865-1877 (New York, 1965),86- Appointments). 87.

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