University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Great Plains Quarterly Great Plains Studies, Center for 1988 The Nebraska Capital Controversy, 1854-59 James B. Potts University of Wisconsin-LaCrosse Follow this and additional works at: https://digitalcommons.unl.edu/greatplainsquarterly Part of the Other International and Area Studies Commons 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.