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1988

The Nebraska Capital Controversy, 1854-59

James B. Potts University of Wisconsin-LaCrosse

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Potts, James B., "The Nebraska Capital Controversy, 1854-59" (1988). Great Plains Quarterly. 440. https://digitalcommons.unl.edu/greatplainsquarterly/440

This Article is brought to you for free and open access by the Great Plains Studies, Center for at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Great Plains Quarterly by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. THE NEBRASKA CAPITAL CONTROVERSY, 1854-59

JAMES B. POTTS

Early in 1857 Mark W. Izard, in a letter to cratic administrations in Washington, political Senator Stephen A. Douglas, summed up the life in Nebraska between 1854 and 1859 frustrations that marked his tenure as gover­ centered around issues of economic devel­ nor of Nebraska Territory. "If there is any­ opment, including struggles over the promo­ thing on earth I desire more than all others," tion of towns and the selection of railroad he told the Illinois senator, "it is to make this routes. From the first, problems common to the model territory, and my faith is that if the settlement of an underdeveloped frontier Congress will extend her a moderate share of forced town promoters into politics. In­ liberality, the sacred doctrine of popular rights adequate transportation, in particular, imped­ will fully be vindicated in her example." "But," ed farm expansion and threatened to retard he continued, "the path of your humble the growth of towns. Since the future devel­ servant is extremely narrow and thickly set opment of Nebraska's towns and thus of the with snares on every side."l Chief among the territory itself hinged on railroad connections, "snares" that Izard spoke of was a bitter the location of rail lines was destined to controversy over location of the capital, an become a major political concern. But many issue that disrupted territorial politics and was Nebraska towns were speculations, pure and much prolonged by personal disputes, townsite simple; their survival depended on their ability rivalries, and sectional divisions within the to attract a railroad, the capital, or some other territory. institutional guarantee of urban success. Poli­ Although strongly influenced by Demo- tics invariably became the means for town builders to influence the awarding of these valuable prizes. Because the Platte River natu­ James B. Potts, assistant professor of history at the rally split the territory into two sections, University of Wisconsin-LaCrosse, is at work on a townsite competition was distinctly geograph­ book about Nebraska Territory. ic: North and South Platte boosters regularly contended over the location of institutional and transportation facilities that could alter their section's prospects. One pioneer law- [GPQ 8 (Summer 1988): 172-182J 172 NEBRASKA CAPITAL CONTROVERSY 113 maker noted that there were two Nebraska legislature that would permanently fix the parties-North and South Platte-in that early capital at Omaha. He divided the territory period.: into eight counties, four north and four south Sectional strife assumed its most dramatic of the Platte River. And though the census form in a bitter struggle over the location of showed nearly twice as many inhabitants the territorial capital, which carried federal south of the river, Cuming assigned the prestige, payroll, and patronage opportunity. majority of the assembly seats to Omaha and Selection as the capital would all but guarantee the northern counties. He gerrymandered one location's success as a governmental and Bellevue, assigning that community to an commercial center. Capital city designation election district dominated by Omaha voters. would assure the lucky town of population Then on 20 December 1854, after an election growth and a rise in the value of town lots and called posthaste, the acting governor an­ result in "the expenditure of thousands of nounced that the first legislative session would dollars, a horde of [government] officials, [and] be held at Omaha.' the busy hum of business activity." Such status The first assembly was, as J. Sterling would also ensure the arrival of the Pacific Morton later recalled, "a game to scramble railroad, which most town boosters expected with 'the devil take the hind-most' for its would pass through the territorial capital. guiding rule." The primary object of conten­ Given the size of the stakes involved, the site tion was the capital. The South Platte dele­ of government was a matter of supreme gation was still formidable despite the importance to local boosters.; unfavorable apportionment and came to Oma­ ha determined to strip the city of its prize. THE FIRST TERRITORIAL ASSEMBLY Bellevue, Florence, and other towns north of the Platte also envisioned their possible selec­ The Nebraska Act of 1854 specified that tion as the site of government. Knowing that the territorial governor would select the meet­ the legislature could reverse the executive's ing site for the first assembly and stipulated decision, all "realized the importance of the that thereafter the legislature would determine session upon our own personal interests," the permanent seat of government. Governor noted one Omaha supporter.6 Francis Burt, however, died shortly after his During the legislative debates on the capi­ arrival in the territory and the task of putting tal question, "dear bought popular sovereignty the government into operation fell to the seemed for a time below par," according to one territorial secretary, Thomas B. Cuming, who observer. "It was a bloodless war of words became acting governor. Just five days after between North and South of the Platte, with a Burt's death, Cuming ordered the taking of a slight display of inclination to carry it at the territorial census. The dispatch with which he risk of burning powder. ,,; After weeks of bitter moved demonstrated his impatience to orga­ debate, threats of physical violence, and much nize territorial affairs to his own advantage private manipulation, five legislators (four before the appointment of a new governor. members of the house and one councilman) Unlike Burt, who seemingly had no fixed deserted the "removalists" and voted for notion regarding the permanent location of Omaha. On 22 February 1855 the assembly the capital, Cuming was committed to the officially placed the capital at Omaha.s Oma­ wishes of the Council Bluffs and Nebraska ha's status as capital was never secure, howev­ Ferry Company, the principal proprietor of er. Representatives of Bellevue and the South Omaha City.4 Platte towns generally refused to let the issue Once clothed with executive authority, die, and the question of whether the govern­ Cuming moved quickly to organize civil gov­ ment should remain in Omaha dominated ernment and to ensure the election of a legislative sessions for the next several years. 174 GREAT PLAINS QUARTERLY, SUMMER IlJSo

A NEW GOVERi'.'OR ARRIVES the capital question in favor of Omaha by the first legislature intensified sectional hostilities. Governor Mark Izard arrived in Omaha on No sooner had the new executive arrived and 20 February 1855, at the close of the first the assembly adjourned than the territorial legislative session. Despite scattered local crit­ residents began to direct their attention to the icism, the new executive was generally well election of the second assembly and a new received throughout the territory. For a time it delegate to Congress. appeared he might even bring stability to Nebraska politics. In his first formal address to A DELEGATE TO CONGRESS the assembly, Izard carefully avoided divisive local issues and called the legislature's atten­ The two principal contenders for the tion to more urgent needs of the territory. He delegate post were Hiram P. Bennett, a youth­ urged the immediate passage of general elec­ ful Nebraska City lawyer, and Bird B. Chap­ tion and tax laws and, as a temporary expe­ man, a political adventurer who tied his dient, suggested the adoption in toto of the ambitions to Omaha. Chapman, a classic civil and criminal law codes of Iowa. And to example of the pre-Civil War carpetbagger, the astonishment of the legislators, he offered quit a minor Washington clerkship in 1854 to surrender his powers of appointment to the and went to Nebraska to run for Congress. He voters "in conformity with the principles of failed to secure election, and having taken the popular rights." Finally, noting that the noble precaution of establishing his own news organ, experiment of popular sovereignty \vas on trial the Omaha Nebraskian, he went back East to in Nebraska, he cautioned the lawmakers and await the next canvass. Returning to the the people "to rise above local jealousies and territory in 1855, some weeks before the personal animosities, and adhere to the great election, he organized the Omaha townsite principles of concession and conciliation."" promoters and most of the federal officials, Governor Izard's political life in Nebraska including Izard and Cuming, into a temporary was nevertheless short and unhappy. Like alliance to back his candidacy for the delegate most federal officials sent to the territory, he seatY viewed his appointment as a means to personal Hiram Bennett was the hand-picked candi­ financial gain. In partnership with his son date of the Nebraska City Town Site Compa­ James, who conducted a banking and real ny. A native of Maine, Bennett had come west estate business in Omaha, he engaged in by way of Ohio, Missouri, and Iowa. In 1854 numerous land and business speculations. he migrated to Nebraska City from Sidney, Izard obtained one-twentieth part ownership Iowa, at the urging of his friend and subse­ of the capital city and acquired interests in quent business partner, Stephen F. Nuckolls. other important county sites north of the A South Platte townsite booster and an ardent Platte. He eventually identified his interests removalist, Bennett had the general support of with those of Enos Lowe, Jesse Williams, and the southern counties and of anti-Omaha other members of the Omaha and Council elements around Bellevue and Florence. A Bluffs business community. lc' Once his pro­ third candidate, John Thayer, a New En­ Omaha sympathies became apparent, the glander who had migrated to Omaha from removalists began to oppose his administration Massachusetts in 1854, ran on an independent and to work for his dismissal, denouncing him platform and eschewed sectionalism as detri­ as "the mere agent or tool" of Iowa specu­ mental to the development of the territory. Il lators-"the Governor of Council Bluffs and The campaign revolved around local eco­ Omaha City Ferry Company."" nomic and personality issues. Party lines were Factionalism continued to plague Nebraska nonexistent, though labels like "Border politics despite Izard's plea for "concessions Roughian" and "Know Nothing" were occa­ and conciliation." Indeed, the settlement of sionally attached to Thayer and Bennett by l"EBRASKA CAPITAL CONTROVERSY 175 the Chapman press. Mostly it was a North wrote, "is that she has never yet had a delegate Platte versus South Platte affair-those advo­ so situated that he could work for the territo­ cating capital relocation and reapportionment ry; he has always devoted the most of his time versus those supporting the status quo. Thus, to watching and defending his seat."" Chapman's supporters ignored Thayer and concentrated their attacks on Bennett and the REMOVIl"G THE CAPIT AL FRO~1 OMAHA Nuckolls-Nebraska City gang while the latter denounced Chapman and his federal allies as The bitterness engendered by the delegate nonresident speculators. Both sides were liber­ contest carried over into the assembly session al in promises of reward, holding out land of 1856, described by one observer as "one offices and other federal favors to "every one­ continued personal and local fight, a constant horse town in the territory. "I' attempt at bargain, sale, and argument."l; The Plural voting, vote buying, ballot box anti-Omaha forces returned to the assembly stuffing, and other irregularities were common determined to undo the capital location of the in the election of 1855. In November, Nebras­ previous session. But while the removalists ka voters-and some voters from Iowa and comprised a slim majority and controlled the Missouri-went to the polls. The territorial organization of the lower house, the adminis­ board of canvassers found considerable evi­ tration group was able to divide and conquer dence of fraud on both sides. Had all the votes their factious opponents. Though unable to been accepted as valid, Bennett would have remove the capital, they did succeed in trim­ received a majority of thirteen. But the advan­ ming Omaha's representation in the assembly tage rested with Chapman, who commanded by placing Bellevue in a separate election the support of the federal officials. The pro­ district. They also passed a bill authorizing a Chapman canvassers rejected the votes of four new legislative apportionment, and in an counties, three of which recorded Bennett action aimed at Chapman, enacted a one-year majorities. By the final count, Chapman was residency requirement for delegate candi­ awarded a majority of 113 and certified the dates. le winner. I; By the end of 1855 it was obvious that Bitter charges of fraud and bribery flew Omaha would never permit an outright re­ between the two candidates when the results moval bill to pass the assembly. The removal­ were posted. Bennett immediately announced ists also realized that the capital aspirations of his intention of contesting Chapman's seat the larger Missouri River towns precluded and proceeded to gather evidence of fraud and relocation to an established point, and so the illegal voting while Chapman did the same. leaders determined to move the seat of govern­ The dispute, ultimately settled in favor of ment to the interior. This plan won the Chapman, was the first of a series of contested general approval of those urban boosters, on elections that lasted until 1862. During much both sides of the Platte, who sought to humble of the period between 1855 and 1862, Nebras­ Omaha. It also converted residents of set­ ka was denied effective representation in tlements in central Nebraska and local specu­ Congress. Candidates openly announced their lators to the support of capital removal. intent to contest results-should they lose­ The removalists first attempted this ploy in before votes were even cast. The situation led January 1856, at the tag end of the second critics to suggest that candidates entered the assembly session, with a bill locating the seat of delegate race to secure a paid trip to Washing­ government at Chester, a paper town "some­ ton. A local editor noted the unfortunate where on Salt Creek." The plan almost result of these contests on territorial patron­ succeeded, but at the last minute three South age. "One great reason why so little has Platte members joined the Omaha forces to heretofore been secured for Nebraska," he defeat the measure. I') 176 GREAT PLAINS QUARTERLY, SUMMER 1988

The removalist leaders then determined to parliamentary procedure collapsed at times. move the seat of government to another On one occasion the speaker, Isaac Gibbs, interior location. Sometime during the sum­ ordered Hanscom arrested, whereupon mer of 1856 a group headed by Stephen F. Hanscom and his friends made things so warm Nuckolls and E. W. McComas, a Virginian for Gibbs "that he dared not occupy the interested in Nebraska lands, drafted a bill for chair." The anti-Omaha members requested the third legislature that would authorize the the governor to station militiamen in the placement of the territorial capital at Douglas assembly to protect them from the "factious City-a site they controlled. Meanwhile, to opposition of the minority and the riotous ... smooth the way the Douglas promoters divid­ mob of persons thronging the lobby." Despite ed the townsite into shares which were subse­ every effort to prevent passage, the removalists quently distributed freely among the members pushed through a motion creating a committee of the assembly.20 of three to consider relocating the capital. Two By the winter of 1856-57 the removalists' days later, the committee reported favorably prospects seemed bright. Until then, most of and the lawmakers, "their pockets lined with the northern county representatives had been scrip," voted to move the government to either residents of Omaha and Council Bluffs DouglasY or friends and agents of Secretary Cuming. OMAHA FIGHTS BACK During the first session Omaha and its allies had controlled slightly more than half the While the removalist press joyfully boasted seats in the assembly. But by the end of 1856 that "the ship sinketh," Omaha backers were the situation had radically changed. The not dismayed.24 As expected, Governor Izard addition of six new counties, the creation of an vetoed the measure as a direct contradiction of independent Bellevue district (with one coun­ the Organic Act. Congress, he insisted, had cilman and four representatives), and the never intended removal once federal funds had enactment of a new apportionment that been appropriated and expended for the increased legislative membership by thirteen construction of a capitol. Pointing to the had caused a marked reduction in Omaha's central location of Omaha-"immediately op­ voting power. Moreover, lesser North Platte posite the great gateway into the territory"-he counties had grown more independent and moreover challenged the necessity and motive had begun to challenge Omaha's control over for moving the capital to "a floating town, not territorial politics. 21 only without a location, but without inhabit­ By the third assembly in January 1857, the ants."25 Omaha partisans had been reduced to a Meanwhile, the Omaha faction secured minority faction in the legislature, and the new allies in the assembly. Through the removalists appeared to have the upper hand. expenditure of $3000 and the promise of the They controlled twenty-five out of thirty-five territorial government printing contract, they seats in the lower house and nine out of a won over two members who had previously possible thirteen in the council, along with the voted for removal, Robert W. Furnas and presiding officers of both houses. 22 Feeling that Albert Finney. The desertion of Furnas in the the moment of success was upon them, they council left the removalists without the two­ set out to remove the seat of government from thirds vote necessary to override the gover­ Omaha. The Omaha faction, led by the nor's veto, and thus the bill was indefinitely formidable Andrew Jackson Hanscom and postponed. "The treachery of Furnas . . . left backed by a friendly lobby, determined to us without a two-thirds vote and we could do retain the capital at all costs. nothing to get him back," lamented Gibbs. When the legislators considered the reloca­ "He has grasped the entire interest of the tion bill, excitement ran high and normal territory and direct interests oi the South NEBRASKA CAPITAL CONTROVERSY 177

Platte in his avaricious hand and hauled us [sic] he has been sent to preside."" down."" Isaac L. Gibbs, a member of the legislative Resentment against Governor Izard grew delegation that had journeyed to Washington, during the early months of 1857. Though the informed the Secretary of Interior that Izard governor previously had attracted occasional was "unfit to govern." He charged that the criticism, Izard's pro-Omaha stance in the governor had held up the incorporation of six capital affair, coupled with his opposition to territorial banks, offering to approve them "if several banking measures approved by the the legislature would endorse him and recom­ assembly, unleashed a wave of local discontent mend his retention in office." Opponents also that resulted in his dismissal. In January 1857 charged that he had acted improperly in the the governor complained to Stephen Douglas awarding of contracts for the construction of that "a miserable batch of hungry office the territorial capitol, even to the extent that seekers ... have since the election come down he was, in fact, the principal contractor. N upon us like an avalanche." "They are at this By the spring of 1857 the governor's time straining every nerve to sow the seeds of situation had deteriorated markedly and his discord among the people by taking advantage removal appeared certain. In March, Izard of the petty jealousies ... between the differ­ hastened to Washington to mend his political ent sections of the Territory, with a view to fences and, with some difficulty, managed to effect the [removal of] present Federal Offi­ retain his office. Although Buchanan had cers."'; appointed William Richardson in his stead, the latter declined the post and Izard was REMOVING THE GOVERNOR temporarily reinstated with the understanding that he would submit his resignation effective By 1857 the elimination of the Izard-Cum­ 1 October 1857. ing clique had become the primary aim of the In July, George L. Miller, a youthful anti-Omaha faction. Embittered by the gover­ Omaha politico, surveyed the political and nor's recent activities and encouraged by the economic condition of the territory. He la­ inauguration of a new national administra­ mented that "the signs of the times are tion, Izard's adversaries took the offensive with ominous of coming storms," a forecast con­ the close of the third legislative session. firmed by subsequent events. Feuding kept the Immediately upon adjournment, a delegation territory in a state of agitation throughout the of lawmakers hastened to Washington with a summer and fall, a condition that coincided petition urging Izard's removal, signed by with the sudden decline of Nebraska's econ­ twenty-three of the thirty-five members of the omy in September 1857.!l assembly. Other protests forwarded to the State Department charged him with incompe­ REPLACING THE tence, bribery, extortion, abuse of the veto CONGRESSIONAL DELEGATE power, and fraudulent expenditure of federal funds. Meanwhile, the anti-Izard press em­ Five candidates announced for the dele­ barked upon its own local crusade against the gates hip in 1857. The forces opposing Omaha governor. "We want a man who will be undertook to win territory-wide support for governor of the whole territory," exclaimed the replacement of Chapman as delegate. the Florence Courier, "not one like Mark W. Under the guise of a "squatter convention," Izard who will stick himself down in Omaha the anti-Omaha forces met at Bellevue in July and confine himself to its limits ... idling and nominated Fenner Ferguson, chief justice away his time in the mere animal enjoyments of the territorial supreme court and a resident of eating, drinking, and sleeping to the man­ of Bellevue. Ferguson ran on a platform ifest neglect of the interests of those over who advocating equal rights for all portions of the 178 GREAT PLAI;-";S QUARTERLY, SUMMER 1988 territory, liberal federal appropriations, and Chapman," while former Estabrook support­ "the sovereign right of people to remove the ers scattered behind other contenders. i,' capital. 'lie In an extremely close election Ferguson Meanwhile, the Izard-Omaha group had won with 1654 votes to Chapman's 1597. The become disenchanted with Delegate Chap­ two remaining candidates, Rankin and Thay­ man, who had not only failed to tap the er, polled 2594 ballots between them, includ­ congressional pork barrel but had diverted the ing 711 of Omaha's 1529 votes. The inclusion territorial patronage to nonresident friends of Rankin and Thayer in the contest, com­ and relatives. The administration supported bined with Chapman's poor showing of 27 instead the candidacy of Attorney General percent in Omaha, were important factors in Experience Estabrook. Although identified his defeat. More decisive, however, was the with the capital city, Estabrook tried to influence of Governor Izard and the territorial broaden his appeal by supporting federal aid board of canvassers. Despite evidence of for the trans-Nebraska railroad, a bridge over fraudulent voting and padded returns, the the Platte, a north-south military road, and canvassers upheld the original vote. Izard completion of the territorial capitol. ii assumed the novel position that the sole duty Still another faction, backed by Robert W. of the canvassers was to tally the votes and Furnas and the Nebraska Advertiser, supported certify the winner. With all the votes counted Benjamin P. Rankin, a banker-speculator and as valid, Ferguson was declared the winner by former territorial marshall. Although hailed a majority of fifty-seven. Chapman contested by the Advertiser as "the best man for South the results, but Congress eventually recognized Platte interests," Rankin ran on a platform Ferguson as the legally elected delegate. J; aimed at reaching all portions of the popula­ tion." John Thayer of Omaha was a fourth OMAHA IS OUTVOTED contender. Delegate Chapman was not without power, The anti-Omaha group not only secured even though the governor and the Omaha the defeat of Chapman in 1857, but they also Ferry Company crowd had deserted him. He elected a majority of the members of the chafed under the "horrible" treatment he had legislature. From the beginning of the session it received from Izard and his friends and was was clear that a large number of the lawmakers determined to "beat them all."'; Chapman were in favor of moving the government from aligned himself with Secretary Cuming and Omaha. The capital city solons negotiated other disaffected territorial appointees. Mean­ with various local representatives to leave the while, he had been scheming to eliminate his capital where it was, promising to support opponents within the federal cadre and in various local franchise bills in return. For a particular to have Izard replaced by Chap­ time their logrolling tactics were productive, man's friend and political ally, Augustus C. but toward the end of the session an incident Hall. In the late summer he returned to the occurred that resulted in the eventual disrup­ territory and announced his intention to run tion of the assembly. Early in January the for re-election. Ever a gambler, he determined lawmakers discovered that Omaha had never to force the capital city partisans to unite officially relinquished title to "capital square" behind his candidacy or face defeat. This and had even pledged the capital buildings and calculated "rule or ruin" strategy was only grounds, along with other city properties, as partially successful. Estabrook subsequentl'! surety on a local scrip issue. The excitement withdrew from the race, but the bitterness caused by these disclosures played into the engendered by Chapman's activities destroyed hands of the removalists, who immediately unity within the Omaha ranks. The Omaha introduced a new bill to relocate the seat of Times continued its onslaughts on "Bought B. government. NEBRASKA CAIn AL CONTROVERSY 179

The Omahans intended to block removal capital, guaranteeing them ample military and they were prepared to employ desperate protection. The bolters, however, had "deter­ means. According to the testimony of one mined upon a different course" and conse­ South Platte member, Omaha partisans swore quently refused." that "unless the [capital) bill be withdrawn, not another act of any kind would pass during A TTEMPTINC; TO SPLIT THE STATE the session." On 7 January, the day after the relocation measure was proposed, the capital The fourth legislature accomplished little city solons managed (by a bit of parliamentary in the way of lawmaking, but it did awaken legerdemain) to control the lower house and separatist interest in the South Platte region. began to filibuster. A violent row ensued, Disillusioned by the course of political events, during which an Omaha backer leaped from the editor of the Nebraska City News com­ the gallery onto the assembly floor and mented on the Florence fiasco of 1857-58: "We grabbed the speaker "by the back of his neck see in it the cheering sign that Nebraska is to and the seat of his trousers [and) laid him with be politically dismembered; we see in it anoth­ great force under the speaker's table." Only er overwhelming argument ... in favor of the with difficulty and "in the midst of uproar and speedy, peaceful separation of South Platte, confusion, the brandishing of dirks and threats Nebraska from North Platte.': of shooting" was adjournment effected. '9 By mid-1858 a serious movement to attach The following day, 8 January, the anti­ the South Platte to Kansas was proceeding Omaha members left the capital and reas­ apace. Annexation occupied the public mind sembled at Florence. The seceders, who re­ "almost to the exclusion of everything else."4l tained a majority in both houses, then passed a Spearheaded by Nebraska City, which sought measure creating a capital removal commission the location of the Kansas capital "somewhere which was to select a site, to be called in that latitude," South Platte separatists Neapolis, at a point fifty miles west of the designed a series of petitions, resolutions, and Missouri and within six miles of either side of mass meetings that placed the South Platte on the Platte. They also set off Florence as a record as being united behind the annexation separate election district in Douglas County in movement. At a convention called at Brown­ an attempt further to reduce Omaha's legis­ ville on 29 January 1858, a petition was passed lative strength. In the meantime the minority, urging that southern Nebraska "be embraced backed by Acting Governor Cuming and within the boundaries of the proposed State of controlling the official records, continued to Kansas," and a committee of three was ap­ hold sessions in Omaha.'" pointed to present the annexationists' case The new governor, William D. Richardson, before Congress. At a subsequent meeting at reached Omaha on 10 January determined to Nebraska City, separatist leaders invited the curtail the endless factionalism which his people of the region to select delegates to predecessor had bequeathed him. He indicated represent South Platte at the forthcoming his impartiality in the Florence affair by Kansas Constitutional Convention at Wyan­ seeking the legal opinion of the territorial dotte." supreme court as to which legislature was In Washington, the annexationists gained competent to sit. After consulting with the the support of Senator James Green, Represen­ justices he refused to acknowledge the Flor­ tative James Craig of Missouri, and others ence seceders, declaring that Omaha would "occupying prominent positions" who viewed continue as the seat of government until "some annexation as "the means of settling the vexed other place is fixed upon by the joint action of Kansas question."" Kansas Democrats, who the Governor and the Legislative Assembly." apparently believed that the addition of south­ He urged the rump members to return to the ern Nebraska would ensure Democratic con- 180 GREAT PLAINS QUARTERLY, SUMMER 1988 trol in Kansas, also backed the movement. At War-related issues, including a heated partisan the request of Governor Samuel Medary, the debate over Nebraska statehood, predomi­ Kansas legislatures of 1858 and 1859 enacted nated over more purely local concerns like resolutions asking Congress to extend Kansas' capital relocation. The capital issue was, northern boundary to the Platte River. The however, revived by statehood. In 1867 the Kansas governor, meanwhile, was quietly first regular session of the state legislature urging the Nebraska separatists to elect dele­ authorized the creation of a new state capital, gates to represent their cause at Wyandotte." and in 1868 the permanent seat of govern­ While the annexationists enjoyed the sup­ ment-along with the state penitentiary and port of many Kansas Democrats and South university-was established south of the Platte Platte residents, the separatist movement faced at the yet undeveloped city of Lincoln where it numerous obstacles. Factionalism within the remains today. Even then the troublesome old sectional coalition undermined the perennial question of where the capitol should movement from the beginning. Several South be did not die: removalists made several Platte leaders, including J. Sterling Morton, attempts during the 1870s to move the govern­ deserted the separatists. Traditional allies to ment again, and although they failed, the the north at Bellevue and Florence also merits of capital relocation continued to be opposed separation. Moreover, the introduc­ debated in Nebraska political circles into the tion of party politics in the territory in twentieth century.48 1858-59, which resulted in the election of a South Platte delegate, weakened old sectional NOTES and factional alignments. The project also encountered strong opposition in Kansas from 1. Mark W. Izard to Stephen A. Douglas, 11 Republican leaders and from south Kansas January 1857, Mark Izard Papers, Nebraska State townsite boomers who viewed the extension of Historical Society (NSHS), Lincoln. 2. Hiram Pitt Bennett, "The First Territorial the northern boundary as a threat to their Legislature of Nebraska, Reminiscences," NSHS own capital aspirations. Finally, the anti-ad­ Publications 7 (1896): 89. ministration majority in Congress was general­ 3. John Q. Goss, "Bellevue," Proceedings of the ly unsympathetic to the plan. Several Nebraska State Historical Society 7 (1898): 117; James annexation bills were introduced in Congress, c. Olson, History of Nebraska (Lincoln: University of Nebraska Press, 1955), 82-84. but none passed either house. In July 1859 the 4. Olson, Nebraska, pp. 85-87; Clyde B. Aitchi­ final blow was delivered by the Kansas Consti­ son, "The Life of Governor Burt," NSHS Publica­ tutional Convention at Wyandotte, which tions 6 (1894): 34-35; James M. Woolworth, emphatically rejected the schemeY Nebraska in 1857 (New York: A. S. Barnes and Company, 1857), p. 15; William Hamilton, "Auto­ biography of Rev. William Hamilton," NSHS Publi­ LINCOLN cations 1 (1885): 60-73; Dennis Thavenet, "The Territorial Governorship: Nebraska Territory as Ironically, sectional partisanship began to Example," Nebraska History 51 (Winter 1970): 392. recede at the same time physical separation 5. Lawrence H. Larsen and Barbara J. Cottrell, was being promoted as a solution. The issues The Gate City: A History of Omaha (Boulder: Pruett Publishing Co., 1982), pp. 12-13; Olson, Nebraska, continued to be familiar ones concerning p. 87; Mark W. Izard to Thomas Cuming, 16 material progress and development, but after December 1854; Cuming to Henry Bradford, 30 "the Florence secession" the capital question November 1854; Cuming to William Marcey, 30 ceased to dominate Nebraska politics. After November 1854. Copies in the Nebraska Territorial 1858, in fact, political competition was rechan­ Governors' Papers (NTGP), NSHS. 6. J. Sterling Morton, Illustrated History of neled along national party lines and was Nebraska, vol. 1 (Lincoln: Jacob North and Compa­ increasingly influenced by issues of national ny, 1904), p. 245; Andrew J. Poppleton, Remi­ politics. Especially during the 1860s, Civil niscences (Omaha, 1915), p. 11. NEBRASKA CAPITAL CO~TROVERSY lSI

7. "Omaha Correspondence," 17 January 1855, Watkins, "Neapolis, Ncar Capital," NSHS Publica­ Nebraska Letters of the Omaha Correspondent of tions 18 (1917): 309. the New York Times and the Neu.' York Tribune, 20. Bellevue Gazette, 29 January 1857; 16 April 1856-60, Edwin P. Frost Scrapbooks, NSHS. 1857; Omaha Nebraskian, 4 March, 7 January 1857. 8. Larsen and Cottrell, The Gate City, pp. 21. An examination of the roll-call votes on the 13-14; Olson, Nebraska, pp. 89-90; Alfred R. capital issue in the 1857 assembly points up the Sorenson, History of Omaha, from the Pioneer Days to growing independence of the North Platte counties. the Present Times, (Omaha: Gibson, 1889), p. 85; During the first session Omaha enjoyed the support "Executive Proclamation," 19 January 1855, Thom­ of nearly all the northern representatives. In the as B. Cuming Papers, NSHS. 1857 session, however, Omaha controlled slightly 9. Messages and Proclamations of the Governors of more than half of the North Platte vote. Not Nebraska, 1854-1941, vol. 1 (Lincoln: Works Pro­ counting the capital city delegation, the majority of gress Administration, 1941), pp. 28-30. North county members-three of four in the council 10. Donald F. Danker, "Some Social Beginnings and nine of eleven in the house-sided with the in Territorial Nebraska" (Ph.D. diss., University of removalists. For an analysis of roll-call votes on Nebraska, 1955), p. 66; Mark W. Izard to Robert W. capital location and related local issues see James B. Johnson, 15 July 1854, U.S. Department of Justice, Potts, "Nebraska Territory, 1854-1867" (Ph.D. Appointments Division, Appointment Papers, Ne­ diss., University of Nebraska, 1973), pp. 369-86. braska Territory, National Archives. 22. By 1857, Omaha could consistently count 11. Bellevue Gazette, 22 January 1857; Florence on only the delegations of Burt, Cuming, and Courier, 5 February 1857. Dakota Counties. Thus, including its own represen­ 12. ]. Sterling Morton and Albert Watkins, tatives (three councilmen and eight house members) History of Nebraska From the Earliest Explorations of Omaha commanded but ten of thirty-five house the Trans-Missouri Region, rev. ed. (Lincoln: Western votes and only four of thirteen in the council. Publishing Co., 1918), p. 219; Thomas W. Tipton, During the third legislative session, Omaha was able "Forty Years of Nebraska at Home and in Con­ to count on the votes of only three members, gress," NSHS Proceedings and Collections 4 (1902): 80; Councilman Puett (Dakota) and Representatives A. G. Warner, "Sketches From Territorial Histo­ Seely (Dodge) and Stewart (Washington) in its ry," NSHS, Publications 2 (1887): 47. struggle to keep the capital. 13. Morton, Nebraska, p. 221; Earl C. Curtis, 23. Nebraska City News, 21 March 1857; Omaha "Biography of John Milton Thayer" (M.A. thesis, Nebraskian, 14 January 1857; Sorenson, Omaha, pp. University of Nebraska, 1933), pp. 5-16. 99-101. The Nebraskian charged that the going rate 14. Council Bluffs Chronotype, 31 October 1855. for a vote for removal was sixteen shares of Douglas 15. During the later contest for the delegate's City. While this particular figure cannot be verified, seat before Congress, Chapman requested Cuming scrip certainly influenced the voting. A member of to transmit to him a copy of the canvassers' report the House Committee on Public Buildings to which "which I trust you fixed up after I left in a manner the bill was referred wrote, "I am on the committee showing all your reasons for rejecting the four and will report its immediate passage ... I have counties and the Half-Breed vote ... I want if some shares as you may know." Neal V. Sharp to possible to show over thirteen illegal votes over and Houston Nuckolls, 13 January 1857, Nuckolls above the Half-Breed vote." Bird B. Chapman to Family Papers, NSHS. Thomas Cuming, 18 December 1855, Cuming 24. Bellevue Gazette, 21 January 1857. Papers. See also "Nebraska Contested Election, 25. Executive Proceedings, 1854-1861, NTGP. Memorial of Hiram P. Bennett, 26 February 1856," 26. Isaac L. Gibbs to J. Sterling Morton, 10 House Miscellaneous Document 16 (Washington, February 1857, Morton Papers, NSHS; Morton and 1856); Semi-Annual Report, July 1855-January Watkins, Nebraska, pp. 227-28. 1856, NTGP; Omaha Nebraskian, 2 May 1856. 27. Mark W. Izard to Stephen A. Douglas, 11 16. Nebraska Advertiser, 7 November 1859. January 1857, Izard Papers. 17. Omaha Correspondence, 16 January 1856, 28. Florence Courier, 12 March 1857; Leavitt L. Frost Scrapbook. Bowen to Jacob Thompson, 24 March 1857; Isaac L. 18. James c. Olson, J. Sterling Morton, (Lincoln: Gibbs to Jacob Thompson, 24 March 1857, Territo­ University of Nebraska Press, 1942), pp. 55-58; rial Papers Nebraska Appointments; Omaha City Morton and Watkins, Nebraska, pp. 209-10; and Times, 6 August 1857. ] ournals of the House of Representatives of the Legis­ 29. Isaac L. Gibbs to Jacob Thompson, 24 lative Assembly of the Territory of Nebraska, 1855- March 1857, Territorial Papers Nebraska Appoint­ 1856 (Omaha, 1856), pp. 112, 139-42. ments; "Brief Statement of the Case of Mark W. 19. Omaha Nebraskian, 16 January 1856; Albert Izard," March 1857, Territorial Papers Nebraska 182 CREAT PLAINS QUARTERLY, SUMMER ICJSS

Appointments. 39. Olson, ]. Sterling Morton, pp. 67-79; Soren­ 30. Bird B. Chapman to Augustus C. Hall, 6 son, Omaha, p. 105; Nebraska Pioneer, 10 January July 1857, Hall-Kinney Papers, l'-:SHS; Izard to 1858; Bellet'ue Gazette, 7 January 1858; Watkins, Lewis Cass, 30 March 1857; Izard to James Buchan­ "l'-:eapolis": 339-41. an, 21 October 1857, Territorial Papers Nebraska 40. Bellet'ue Gazette, 14 January 1858; Olson, }. Appointments. Sterling Morton, pp. 70--71; Morton and Watkins, 31. George L. Miller to J. Sterling Morton, 26 Nebraska, p. 241; Watkins, "Neapolis," pp. 340 ff.; June 1857, Morton Papers; Olson, Nebraska, pp. Cuming to James Decker, 21 January 1858; Cuming 99-100; Omaha Nebraskian, 12 September 1857. to William Medill, 29 January 1858, NTGP. 32. Belletue Gazette, 16 July 1857; Warner, 41. BellCl'ue Gazette, 21 January 1858; William "Sketches," p. 48. Richardson to James Buchanan, 13 January 1858, 33. Omaha Cit) Times, 3 July 1857; 23 July 1857; Territorial Papers Nebraska Appointments; Olson, Chapman to Hall, 6 July 1857, Hall-Kinney Papers. J. Sterling Morton, p. 73. 34. Nebraska Advertiser, 9 July 1857. 42. Nebraska City Nev.'s, 16 January 1858. 35. Chapman to Hall, 6 July 1857, Hall-Kinney 43. Pacific Cit, Herald, 30 December 1858. Papers, 44. Robert N. Manley, "l'-:ebraskans and the 36. Omaha Cit" Times, 23 July, 31 September Federal Government, 1854-1916" (Ph.D. diss., 1857, Omaha Nebraskian, 29 July 1857; Chapman to University of Nebraska, 1962), p. 52; Petition: Hall, 18 May 1857, Hall-Kinney Papers. Brownville Convention to Congress, 5 January 37. Omaha Nebraskian, 9 September, 18 l'-:ovem­ 1859, United States Senate Territorial Papers, ber 1857; Bellevue Gazette, 6 August, 10 December Nebraska, National Archives. 1857. 45. Andrew Hopkins to J. Sterling Morton, 23 38. At the time that the capital was located, the November 1858, Morton Papers, Omaha Town Company donated to the territory 46. Annexation of a Part of the Territory of the land on which the capitol was built. After Nebraska to Kansas, Letter from the Governor of Congress's appropriation of $88,000 proved to be the Territory of Kansas, 2 February 1859, House insufficient to complcte construction, Omaha as­ Miscellaneous Document 50, 35 Congress, 2 Session, sumed the expense of completing the structure on 1859; George W. Martin, "Kansas-Nebraska Bound­ its own. To finance the capitol project and to assist ary Line," NSHS, Collections 16 (1911): ]]8-24. in the construction of a courthouse, jail, and hotel, 47. Calvin W. Gower, "Kansas Territory and its the city fathers issued $60,000 of corporation scrip Boundary Question: Big Kansas or Little Kansas" as a circulating medium, After the bank failures of Kansas Historical Quarterly (Spring, 1967), p. 6. 1857, bill holders' inquiries as to what properties 48. Olson, Nebraska, pp. 145-48; Morton and were pledged for redemption of the scrip resulted in Watkins, Nebraska, pp. 529-31, 558-59, 573-74; the listing of the "pledged properties" in the city Charles H. Gere, "The Capital Question," NSHS, papers. To the surprise of many lawmakers, includ­ Publications 2 (1887): 63-80. ed on the list was "capital square and the buildings thereon." Olson, ]. Sterling Morton, pp. 64-67.