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tificates to prove his charges against Commissioner Manypenny. I can't help him much.
     "Saturday, January 28, 1854.--
     "Rec'd an "Ohio State Journal." This is the amount of my mail. Guthrie out on Col. Manypenny again. The former, I fear, will come off second best. He is imprudent and rash."

     But bitter as the fight became between Johnson and Guthrie, they were not the only candidates voted for at this election. Governor Walker says:

     "Upon canvassing the returns it was found that a third candidate was voted for in the Bellevue precinct, in the person of Hadley A Johnston, Esq., who rec'd 358 votes.
     "From information derived from that precinct it appeared that Mr. Johnston was an actual resident of Iowa, and at that time a member of the Legislature of that State; and an additional circumstance tending to vitiate the election in this precinct, was that a large majority of the voters were actual residents of that State. The officers were compelled to reject these returns."

     Mr. Johnson's statement will be found in another part of this work. His credentials consisted only of the Certificate of the judges and clerks of the election stating the fact that he received a certain number of votes in the election held in the Bellevue precinct. The poll-books must have been sent to the Provisional Government as the returns were canvassed there; and it is more than probable that Mr. Johnson's certificate was not written until after it was known that the votes of the Bellevue precinct had been rejected by the Territorial Council.
     Governor Walker's Journal says on March 27, 1854, "Heard that Hon. Thomas Johnson, Delegate elect from this Territory, returned from Washington yesterday."

IV.

     The cause of the failure of the Provisional Government of Nebraska Territory to secure recognition from the Government of the United States was the division of the Territory it represented into two separate Territories by the Kansas-Nebraska bill. Governor Walker says in his Notes that "the provisional government of Nebraska continued in existence till after the organization by Congress of the two Territories and the arrival of A. H. Reeder, the first Governor of Kansas."

V.

     What did this movement for the organization of Nebraska Territory accomplish? It forced the Thirty-third Congress to action. This action and its consequences are matters of history. The results which Mr. Guthrie claims for himself in his statement to Congress are justly the results of this whole movement. The claim that these results were due to the organization and efforts of the Provisional Government of Nebraska Territory is certainly entitled to consideration, at least.

DOCUMENTS RELATING

TO

THE PROVISIONAL GOVERNMENT

OF

NEBRASKA TERRITORY.

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PREAMBLE AND RESOLUTIONS.¹

     Adopted July 26, 1853, in the Council House of the Wyandot Nation, in what is now Wyandotte County, Kansas, but at that time in what was known and spoken of as Nebraska Territory; said Convention being, held for the purpose of selecting provisional officers and organizing a Provisional Government for Nebraska Territory. This is the Constitution of the Provisional Government of Nebraska Territory--the first State Paper of Nebraska and Kansas.

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     ¹ These resolutions are copied from the original now in my possession. It was given. to me by Mrs. Margaret Pipe, a Wyandot, now living in the Wyandot Reserve in the Indian Territory. Governor Walker spent much time, when in the Indian Territory, at the home of Irvin P. Long, and as he had no home at that time, he carried all his important papers to the Wyandot Reserve with him. He gave Mr. Long this and other papers. Mrs. Pipe cared for Mr. Long's household during the last years of his life and her daughter was adopted by Mr. Long and made his heir by will. She did not know the historical value of these papers, and in house cleaning burned large quantities of them, as useless rubbish, so she said. Some of his papers he carried to Ohio with him a short time before his death, and he gave some of his Journals and many of his papers to some one in Columbus to keep long enough to copy certain portions of them. I am confident this was a Mr. Geo. W. Hill. None of them were ever returned to him. Governor Walker died at the house of Mr. Henry Smalley, now of Springfield, Mo. Mrs. Smalley says that after his death some one representing a Historical Society came and got some of his books and papers. So, to date, these invaluable papers are scattered abroad. Mr. H. M. Northrup and Nicholas McAlpine both told me that the mice destroyed many of his papers, including his History of the Wyandots.
     I searched for this paper for many years. I looked through hundreds of receptacles for old papers in the public offices of Wyandotte County, Kansas, with the hope of finding it.

Whereas it appears to be the will of the people of the United States that the Mississippi Valley and Pacific Ocean shall be connected by railroad to be built at the national expense and for the national benefit; it becomes the duty of the people to make known their will in relation to the location of said road and the means to be employed in its construction. In selecting a route "the greatest good to the greatest number" should be the first consideration and economy in the construction and in protecting the road should be the second in estimating the 'greatest good to the greatest number,' present population alone should not govern, but the capability of the regions to be traversed by the road, for sustaining population should be considered
     Economy in the construction will be best secured by the cultivation of a productive soil, where materials for the road exist, along and contiguous to the line of road whereby provisions, labor and materials can be obtained at low rates. Then the farmers with their teeming fields will ever be in advance of the railroad laborer to furnish him with abundance of wholesome food at prices which free competition always reduces to a reasonable standard. At the same time they will be a defense to the work and the workman against savage malice without the expense of keeping up armies and military posts. These too will be the surest and safest protectors of the road when finished and without expense to the Government. But should the road be constructed through barren wastes and and mountains and upon the frontier of a foreign and jealous and hostile people an immense and expensive military power must be erected to protect it - a power ever dangerous to freedom and desirable only to despots. In view of these facts therefore be it
     Resolved  That from personal knowledge of the country and from reliable information derived from those who have traveled over it we feel entire confidence in the eligibility of the Central Route as embracing within itself all the advantages and affording all the facilities necessary to the successful prosecution of this great enterprise.
     Resolved  That grants of large bodies of the public lands to corporate companies for the purpose of building railroads, telegraph lines or for any purpose whatever are detrimental to the public interests, that they prevent settlement, are oppressive and unjust to the pioneer settler and retard the growth and prosperity of the country in which they lie.

     Resolved  That we cordially approve of the plan for the construction of a railroad to connect the Mississippi valley and Pacific Ocean recently submitted to the public by the Hon. Thomas H. Benton whereby the settlement and prosperity of the vast country between Missouri and California will be promoted and the construction of that great work be rendered much cheaper, more expeditious, and more universally useful.¹
     Resolved  That it was with profound regret that we heard of the failure of the bill to organize a government for Nebraska Territory; that justice and sound policy alike demand the consummation of this measure and we therefore respectfully but earnestly recommend it to the favorable consideration of Congress and ask for it the earliest possible passage.²
     Resolved  That the people of Nebraska cherish a profound sense of obligation to the Hon. Thomas H. Benton and to the Hon. Willard P. Hall of Missouri for their generous and patriotic exertions in support of the rights and interests of our territory and that we hereby express to them our grateful acknowledgements.³
     Whereas it is a fundamental principle in the theory and practice of our government that there shall be no taxation without representation and the citizens of Nebraska being subject to the same laws for the collection of revenue for the support of government as other citizens of the United States it is but right that they shall be represented in Congress, therefore be it⁴
     Resolved  That the citizens of Nebraska Territory will meet in their respective precincts on the second Tuesday of October next and elect one delegate to represent them in the thirty third Congress.
     Resolved  That this Convention do appoint a provisional Governor, a provisional Secretary of State and a Council of three persons, and that all election returns shall be made to the Secretary of State and be by him opened and the votes counted in the presence of the Governor and Council on the second Tuesday of November next and that

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     ¹See in another part of this work this plan, and Colonel Benton's remarks to the United States Senate when he brought in his bill, page 88.
     ² The Hall-Richardson bill.
     ³ If there remained any question as to who inspired the movement to action at this particular time, this Resolution would settle it.
     ⁴ This preamble is crossed out, in the original document, by drawing the pen diagonally through it each way.

a certificate of election shall be issued by them to the person having the largest number of votes.¹
     Resolved  that while we earnestly desire to see this territory organized, and become the home of the white man, we as earnestly disclaim all intention or desire to infringe upon the rights of the Indians holding lands within the boundaries of said territory²
     Resolved  that the people of Nebraska territory are not unmindful of the services rendered by our late Delegate in Congress the Hon Abelard Guthrie, and we hereby tender him our sincere thanks and profound gratitude for the same
     Resolved  that this Convention nominate a suitable person to represent Nebraska territory in the 33rd Congress
     Resolved  that Editors of Newspapers throughout the country favorable to the Organization of Nebraska Territory and to the Central Route, to the Pacific Ocean are requested to publish the proceedings of this Convention³
     Resolved  That the Editors of newspapers throughout the country who are favorable to the organization of Nebraska Territory and to the Central Route to the Pacific Ocean are requested to publish the proceedings of this Convention⁴

     Endorsed on the back are these words:

     Preamble and resolutions to be submitted to the Nebraska Convention to meet on the 26th July 1853⁵

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     ¹ To this point the Resolutions are in the same handwriting, a small, rather heavy, running hand, having some appearance of having been written with a quill pen. The ink is a deep black. I feel confident that they were written by Mr. Dyer, as he was the Chairman, of the Committee on Resolutions, appointed by the Convention.
     ² This Resolution is in the handwriting of Governor Walker. The ink used was of a poorer quality than that used by Mr. Dyer.
     ³ This and the two preceding Resolutions are in the handwriting of Abelard Guthrie. The ink used was a dark blue. Mr. Guthrie must have carried a bottle of this ink with him. He seems to have used no other kind for some years.
     ⁴ This Resolution is in Mr. Dyer's handwriting, and must have been written before the meeting of the Convention, at the same time the other Resolutions in Dyer's handwriting were prepared, probably some days before the Convention. Guthrie evidently overlooked the fact that this Resolution was already written, as his last one is almost exactly like it.
     ⁵ This indicates that the Resolutions were drawn up some considerable time before the Convention met.

PROCLAMATION.¹

     In pursuance of the sixth Resolution adopted in the general Convention of the citizens of Nebraska Territory to organize a provisional govt and other purposes held in Wyandott City on the 26th ultimo, embraced in the following words, viz: "Resolved: That the citizens of Nebraska Territory will meet in their respective precincts on the second Tuesday of October next, and elect one delegate to represent them in the thirty third Congress of the United States":
     I, William Walker, by virtue of authority in me vested as Provisional Governor of Nebraska Territory, do issue this my Proclamation, notifying the legal voters in the said Territory to meet in their respective precincts on the second Tuesday in October next ensuing, then and there to elect one delegate to represent this Territory in the 33rd Congress of the United States, under such rules and regulations as the Territorial Council may prescribe.

Given under my hand [and] seal at Wyandott City, Nebraska Territory, this the 1st day of Aug, Anno Domini 1853 and of the Independence of the United States the seventy seventh year

W^M WALKER
Provisional Governor of the Territory of Nebraska

G. I. CLARK²
     Secy of the Territory

Endorsed on back:

"The Industrial Luminary"

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Nebraska

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     ¹ This Proclamation is a model in brevity, strength of language, and the absence of unnecessary, official tautology.
     ² George 1. Clark was the son of ---- Clark who married ----- Brown, daughter, of Adam Brown, the adopted white man who was Chief of the Wyandots, and who purchased William Walker, Sr., from the Delawares. See sketch of the Walker family, in this work. George I. Clark was born June 10, 1802. He was a man of influence in the Wyandot Nation, and was elected Head Chief. He was a good man. Abelard Guthrie says in his journal: "I mourn his loss with tears -- the first that have moistened my eyes for years." He belonged to that faction of his people that favored the old Church and opposed slavery. He and J. M. Armstrong maintained that slavery was wholly foreign to ancient Wyandot customs and usage. They said, with entire truth, that any member of the tribe must necessarily be as free as any other member of it. That the tribe in ancient times either killed or adopted all prisoners of war. If adopted,

RULES FOR CONDUCTING THE ELECTION.

     Rules adopted by the Territorial Council of Nebraska, prescribing the manner of conducting the election of Delegate to the, 33rd Congress of the United States:
     First. On the 11th day of Oct next ensuing, the voters in each precinct will assemble at the hour of 10 o'clock A. M. and shall proceed to appoint three Judges of election and one Clerk; who shall, previously to entering upon their respective duties, be sworn to act faithfully, fairly and impartially in conducting the election. The oath to be administered by the Seignior Judge, then by a Junior Judge to him.
     Second. The seignior Judge shall then proclaim publicly the opening of the polls and add, "Voters prepare your ballots."
     Third. The voters shall vote by ballot printed or written, and the seignior Judge shall receive the ballots and announce the names of the voters, the Clerk recording the names of such voters in the appropriate column of the Poll book; the Judge then depositing the ballots in a Box or some other suitable receptacle.
     Fourth. The Polls shall be kept open from 11 o'clock A. M. till the hour of 4 o'clock P. M., when the Judge shall publicly proclaim "the Polls closed".
     Fifth. To insure a full vote from all the voters present, at 1/2 past 3 P. M. the Seignior Judge shall publicly proclaim that in "one half hour more, the Polls will be closed".
     Sixth. The Judges and Clerk shall then proceed to canvass the votes and as each ballot is read aloud, the clerk shall enter in the column under the name of each candidate the ballot so cast for each

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they were entitled to all the privileges of those born into the tribe. He and the wife of Abelard Guthrie were cousins, and he seems uniformly to have supported Guthrie. He married Catherine -----. They had three children: 1. Richard W.; 2. Harriet W.; and 3. Mary J. They are buried in Huron Place Cemetery. The following is copied from the stone at the head of George I. Clark's grave:

(Square and Compass.)
George I. Clark
Head Chief of the
Wyandott Nation
Born
June 10 1802
Died
June 25 1858
Aged
56 Yrs 7 Mo 8 Ds.

JOEL WALKER GARRETT.

respectively. The Clerk shall then under supervision of the J[udges] add up the votes cast for each Candidate and enter the aggregate at the foot of each column. The Seignior Judge shall then publicly announce the result.
     Seventh. The Judges shall then append a certificate at the bottom of the Poll book officially signed by them and countersigned by the Clerk -Fold up and seal and forward the same by some safe conveyance to the address of

"GEORGE I. CLARK
	Secretary of the Territory of Nebraska
		Wyandott City" --

Endorsed, Poll Book

for ....................Precinct

        Nebraska Territory
     Si[x]th Unnaturalized citizens or foreigners are excluded from participating in the election the same as in the States.

Adopted Sept 10, 1853.
	GEO I. CLARK
		Secretary of the Territory
			Approved
				Wm WALKER
					Provisl Governor.

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FORM.

Return of the election held in the precinct of ...........................
Nebraska Territory for Delegate to the 33d Congress of the United States on the second Teusday [sic] in Oct 1853:

 

	CANDIDATES' NAMES.
VOTERS NAMES	A. B.	C. D.	E. F.
V. D. Hale	1
J. L. H.		1
J. L. S.			1
Tho 0. S.		1
D. A. L.	1
W. M. O.			1
P. S.		1
T. P.	1
L. G.		1

5

     We the undersigned Judges of the election for this precinct, certify that the above is a correct account of the votes polled in this precinct for delegate to the 33rd Congress of the U. S. and that C. D. recd a majority (or plurality as the case may be) of all the votes cast

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POLL BOOK OF THE PRECINCT OF OLD FORT KEAR-
NEY, NEBRASKA TERRITORY.¹

     I Certify that pursuant to a Call for an election to be held on the 2d Mondey [sic] of Oct 1853 at Old fort Kea[r]ney Commencing at 12 M. and closing at 4 O.Clock P. M. for a Del[e]gate to Congres[s] for Nebra[s]k[a] Ter[r]it[or]y

  No. 1 H. P. Downs
      2 Thomas Helvey
      3 John. B. Boulwane
      4 Wm. C. Folkes
      5 Joel. Helvey
      6 Isham Holland

     I Certify this is a Correct Statement of an elettion [sic] held this the 10th day of October 1853 given unde[r] my hand as above Stated

JOEL HELVEY           
Judg[e] of an electian [sic]

H. P. DOWNS²
     Clerk of an election

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     ¹ This poll book is, I believe, entitled to the distinction of complete originality. I have studied it deeply and have failed to find even an intimation or suggestion in it as to whom the six votes it records as having participated in the election were cast for.
     ² The following is from Rev. William H. Good's "Outposts of Zion (Cincinnati, 1864), page 264. Mr. Good was at Old Fort Kearney in August, 1854, reaching the house of Major Downs on the first:
     "Returning to Oregon, I again took stage early on the morning of August 1st, and about midnight, crossing the State line, reached Sidney, Iowa. Here I again left the stage, obtained a horse, and set off with a guide for the Territory, about fifteen miles distant. Reaching the Missouri River opposite Old Fort Kearney, I was surprised to find a fine steam ferry-boat. The enterprising proprietors of the two young cities just laid out at the site of the old fort, determining to 'take time by the forelock,' had made provision for an anticipated amount of travel and emigration, and consequent ferry patronage, which has never been realized. My first crossing at this point was under pleasant auspices. But this was of short duration, and many weary hours have I since lingered and shivered, or sweated upon the shore, waiting the slow movements of one of the most dilatory flat-boat transits upon the river. Many of the early improvements in this country, especially in the vicinity of contemplated cities, were

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