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there is no account of any controversy in the federal records. Of course the endorsement of the proceedings at Salem reversed the decision of the executive department.
   Robert W. Furnas, member of the Council and also editor of The Nebraska Advertiser, published the following comprehensive story of the incident in his newspaper of January 28, 1858.

   Last week we promised to place before our readers the real cause of the difficulty which occurred at Omaha, on the 7th and 8th of the present month. In doing, so we need not consume time or space with a lengthly exordium. All know that the recent session of the Legislature at Omaha was broken up: That the majority temporarily adjourned to Florence, the nearest point at which accommodations could be had, and there proceeded to discharge its legitimate functions: That the minority remained at Omaha, adjourning from day to day for want of a quorum, occupying the time, and spending the money of the people in taking evidence of interested parties; publishing in pamphlet form, and sending abroad, to endeavor if possible to make the public believe that they themselves thought they were acting correctly.--Delusive idea!
   The defense of the majority as to their adjourning to Florence is most ably set forth by the Committee appointed to wait upon the Governor, and which was published in our paper last week. It is unnecessary to add another word.
   The minority has put forth a pamphlet purporting to be a "report of the joint committee of investigation, appointed to examine into the causes and consequences of the difficulty in the Nebraska Legislature which occurred January 7th and 8th, 1858," to which we will give attention in a future article, in its proper place in the programme of investigation. We will say however, here, that it like much else that is being said by individuals, and the very few papers in the Territory which sympathize with the minority, does not touch--not even hint--at the real question or subject matter at issue.
   The minority gravely charge the majority of "having deliberately and premeditately broken up the sitting of the Legislature; paralyzed its action, and prevented the transaction of all legitimate legislation." We shall at present simply narrate the train of circumstances, which in our opinion led to the unhappy and much to be regretted result on the 7th and 8th, and in future articles treat of connecting points, or side issues, and leave the people, who are to be the jury in this
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matter, to make up their verdict as to who are really responsible for the wrongs inflicted.
   Our individual position upon the Capital question is well known throughout the Territory: That we have never believed the Capital in the proper place: that it ought eventually to be removed into the interior to stimulate and assist in settling the country. But that for the present--perhaps while we remain a Territory--it would be well enough to allow it to remain at Omaha. We have therefore labored, the two years we have been a member of the Legislature, against the agitation of the subject: feeling that there were matters of more importance demanding legislative attention. We have, as before stated, kept aloof from the local jealousies which have had too much to do with this question, and endeavored to look at the matter calmly and unprejudiced, and act accordingly. Two years' legislation, and a knowledge of the facts we in that time have obtained, however, has forced upon us the conclusion that no useful, harmonious and healthy legislation can be had in this Territory, until the Capitol question is permanently disposed of.

   At the organization of the Territory there were three points aspirants for the Capital--Omaha, Bellevue, and Nebraska City. The two latter charge that unfair means were used to defeat them. The former contending that she only succeeded by playing stronger, the same game all three were engaged in. As for this, the people outside of those localities care but little. The Capital was located at Omaha, and the then town company donated to the territory of Nebraska,as evidenced by a quit claim deed to be found on the first page of this issue of our paper--what is known as "Capitol Square," "for the purpose of the erection thereon of the Capitol, and the use and benefit of the territory of Nebraska forever, so long as it shall remain such, and afterwards for the use and benefit of the State of Nebraska when it shall become such."--Congress had already appropriated the very liberal sum of $50,000 with which to erect the necessary buildings for territorial purposes. Gov. Izard as the agent of the general government proceeded to expend this sum by the erection of a Capitol building on the ground above referred to. After spending the entire $50,000 and creating a debt of $8,000 additional, he left the building in an unfinished condition--only one story high.Here, we might very appropriately enlarge, and speak of the wrong thus inflicted upon the people of the territory, by commencing the erection of that building on a scale certain to far outreach the munificent donation for that purpose.--The fact is $25,000 ought to have erected a building on an economical plan, amply sufficient for the infant territory, and which would



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have been an ornament not only to the city of Omaha, but the territory, and answered all its purposes as a Capitol for at least fifteen or twenty years to come.
   Congress failed to make further appropriations for the completion of this building; feeling that she had already dealt liberally with us. The city of Omaha, through her corporate authorities, without authority from the general government, or the legislature of the territory, assumed the labor and expense of completing the building. To perform which, and in addition, assist in erecting a jail, court house and hotel in their city, they issued $60,000 corporation scrip, in small sums, to become a circulating medium, and advertised upon the face of this scrip that it was secured by a pledge or mortgage of CITY PROPERTY. This large amount of currency, being as it was, afloat, it is not strange that great anxiety was soon manifested, and enquiries made by bill holders, to know what city property and what amount was pledged for its redemption. The city authorities of Omaha, to satisfy the numerous enquiries made by individuals, and through the press in various portions of the territory, made and published in the papers of their city an exhibit of pledged property, naming blocks, lots, &c.; and in this list, to the utter astonishment of nearly every one out of Omaha, appeared "CAPITOL SQUARE AND THE BUILDING THEREON!" as pledged for the redemption of Scrip issued by the city of Omaha.
   Under these circumstances, well known throughout the territory, members of the last Legislative Assembly would have proven recreant to the interests of a constituency at large had they not, upon assembling, instituted strict investigation into the true state of affairs concerning territorial property. One among the first acts of the Assembly therefore was to appoint a "Select Committee of the Council in relation to the Capitol building and grounds in Omaha city." Upon this committee was placed Hon. S. E. ROGERS member from Douglas county and a resident of the city of Omaha, who after making a report to the Council--which will be found in full on the first page of to-day's paper--is found acting as a member of the pseudo committee of the minority, in taking evidence,--the great majority of which is from citizens of Omaha, or those interested therein,--and sending to the people in pamphlet form to prove that the majority "deliberately and premeditately broke up the sitting of the Legislature!"
   The committee ascertained that the Mayor, Hon. JESSE LOWE, near nine months since entered in trust, in accordance with the provisions of our territorial law, the grounds upon which the city is located, and had made to all parties holding



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quit claim deeds, except the Territory of Nebraska, warranty deeds to their respective interests.
   By reference to the report of this committee it will be seen that, although it exhibits a series of wrongs inflicted upon the people, there was not the hardihood to deny but that the territory equitably owned the property at issue, and a seeming willingness to give a deed manifested. Yet there was in all the answers of the city authorities a "but," "if," or "except" in the way, and the committee appointed for that purpose by the Legislature were unable to procure for the Territory of Nebraska a deed for Capitol Square.
   Had a deed for Capitol Square been made by the city authorities, promptly when called upon by the committee for that purpose; we undertake to say and promise to support our assertion--if denied--by affidavits in abundance, that a Capitol bill would not have been introduced--not even notice given--at the last session of the Legislature. The committee failing to procure a deed, consultation was held, and it was thought that notice of a Capitol Bill might produce it. It was accordingly given by Mr. ABBE of Otoe. For the benefit of those not familiar with the rules or customs of transacting business in a Legislative body, and to prove our assertion that this notice was given for effect, we here state that it has been customary in the Nebraska Legislature to give notice of a bill to-day and introduce it to-morrow; and that three days intervened between the notice and bill in this case. The notice failing to secure the object designed, a bill was drawn and introduced. Now we come to the point. On the introduction of the Bill, members of the House from Douglas county; ex-members; fanatical fire-eating leaders, who heretofore, and do yet govern and control all things of a public nature in and about Omaha, swore on the streets, in the bar-rooms, in the lobby, and in the bar of the House, that "unless that Bill be withdrawn, not another act of any kind should pass during the session!--They would "show the balance of the Territory that the wheels of legislation could and would be blocked up, if they dared further to interfere with this Capitol question! "--That "the Capital belonged to Omaha, and she would retain it, even though it cost the heart's blood of Douglas county!"--That the "Legislative Halls would be drenched with blood!"--together with many other such expressions and threats, Such conduct towards the representatives of the people while engaged in their legitimate duties, could not fail to excite in the bosom of any one possessed of the least spark of patriotism, feelings of the most indignant scorn, and drove conservative men, who hitherto had cared but little about the simple Capitol question, to take decided and unflinching positions. The



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Bill for relocating the Capital was read the first time, a point upon which there usually is no debate and never a vote. The minority to keep good their threat that "no bill of any kind should now pass,", obtained the floor in considering the next subject matter--the election of a territorial Printer--and boldly anounced (sic) their determination to occupy it for the next nine days, unless the majority would "withdraw the Capitol Bill!" The affair was now fast approaching the culminating point, and the two parties occupying the positions of "YOU MUST" and "WE WILL NOT," it is not strange nor unexpected that a general "pitch in," "knock down and drag out" should occur among the members. But when outsiders, prominent and wealthy citizens of Omaha, who had been goading continually the Douglas county delegation to acts of violence, rush within the bar, seize the Speaker of the House, hurl him from the stand, and crush him to the floor; then we say law, order and common decency are disregarded, the rights of the people trampled under foot, and insult added to injury.
   The minority offer as one of the feeble props to their position that the Speaker and others of the majority acted rudely on this occasion! Grant it. It would be novel indeed could such a disturbance occur at any place, and for any cause, and the parties come out of it without having said words or done acts which in themselves, abstractly, were perhaps improper or indecorous. The American people hold sacred the right of speech and of action, and when an attempt is made to deny them that right, they are very likely to 'get excited.' There are many instances on record where their acts might be denominated "revolutionary." Such argument is too weak to require answering; yet it is the style and nature of all we have yet seen coming from that side of the question. There is a studious avoiding of the real and true issue.
   We have this week given the real and true cause which led to the difficulty on the 7th and 8th, and will next week proceed to show that there was no excuse whatever for the obstinate position of the minority--that the Capitol Bill could not have passed, and they knew it--and that the blocking of the wheels of legislation was done by them premeditately, and for no other purpose than that of gratifying a spirit of revenge.
   The Secretary of this Territory, Hon T. B. CUMING, paid the minority--who broke up the sitting of the Legislature--while meeting only of mornings, and adjourning for want of a quorum, their per diem; but refused to pay the majority, who were engaged until the last hour of the session in endeavoring to discharge the duties for which they were elected: enacting good and wholesome laws for the Territory. The same dis-



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tinction was also made in regard to the postage of members.
   We will do Secretary Cuming the credit however to say we believe such a course was not in accordance with his feelings or better judgment. He had been for weeks confined to his bed; his body racked with pain, his brain scorched with fever, yet was waited upon, advised and instructed almost hourly by the Omaha Regulators.
   "You will not get any pay while at Florence!" was a much used argument on the part of the minority, to induce, if possible, members not to go on in the faithful discharge of the duties devolving upon them. They actually succeeded in detaining one member who thought more of the "almighty dollar" than of his obligations to his constituents.
   Perhaps the minority honestly thought that all their obligations to the people were discharged when they had "legislated for three dollars a day"--perhaps they had no higher motives to prompt them! If so, far be it from us to censure them.

   The Florence legislature adopted a joint resolution and memorial praying the federal Congress for an appropriation to build a bridge across the Platte River. The prudence of this course is obvious. The continuing controversy about the situation of the seat of government was largely due to the sectional division caused by the river, and the Florence insurgents knew that it would be very difficult to remove the capital or to hold it in a new location without bridging the barrier. The proceedings of the Florence session were not published by the territory, but the memorial was printed in the Miscellaneous Documents of the Senate.28 J. Sterling Morton's anticipation of the removalists' indictment of the Platte was adverted to at the beginning of this paper. The Florence memorial follows:

JOINT RESOLUTION AND MEMORIAL.

   To the honorable the Senate and the House of Representatives of the Congress of the United States:

   Your memorialists, the council and house of representa-
--------
 28 Miscellaneous Documents of the Senate, first session thirty-fifth Congress, document 182.



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tives of the Territory of Nebraska, now assembled, would most respectfully represent that the interests of the people of this Territory, and of the country at large, would be greatly subserved by an appropriation of dollars for the purpose of bridging the Great Platte or Nebraska river, at some point within fifty miles of its mouth.

    The reasons which might be urged in support of this appropriation are many and obvious. Your memorialists, however, wish to call attention to a few of them:

    First. Owing to the uncertain nature of the soil in which this river makes its bed, no reliable ferry can be established across it, the current often changing in a single night, and large and impassable sand-bars are formed where twenty-four hours before no obstruction was offered to the passage of ferry boats. Thus virtually one portion of the Territory is separated from the other, to the great detriment of their social relations and commercial pursuits.

    Second. The Platte river, being thus a barrier to the free social and commercial intercourse of the two sections of the Territory which it separates, has been a fruitful and ceaseless source of dissension and strife between our people, giving rise to most, if not all, of the political troubles which have disturbed our Territory.

    Third. In compliance with the known wishes of the people of the Territory, your memorialists have passed an act to re-locate the seat of government at a point in the valley of the Platte river, to be hereafter selected; and in order that the said capital may be accessible to all parts of the Territory, and no barrier exist to the free intercourse of the people north and south of that river, such bridge is absolutely necesary. (sic)

    Fourth. The said river is a serious obstacle in the way of military operations, and of the efficient construction of important roads required by the wants of that branch of the government service.
   Other reasons might be urged in support of such an appropriation, but your memorialists cannot but believe that its necessity will be apparent to your honorable bodies, and, therefore, respectfully urge your early action in the matter. And, as in duty bound, they will ever pray, &c.

   Resolved by the council and house of representatives of the Territory of Nebraska, That this memorial and joint resolution be signed by the president of the council and the speaker of the house of representatives', and copies thereof forwarded



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to the President of the Senate of the United States, the Speaker of the House of Representatives, and our delegate in Congress.
SpacerJ. H. DECKER,
SpacerSpeaker of the House of Representatives.
SpacerLEAVITT L. BOWEN,
SpacerPresident of the Council.



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