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© 2001 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller
THE TERRITORIAL GOVERNORS.
GOVERNOR FRANCIS BURT.
Aug. 2 to Oct. 18, 1854.
The sad history of Governor Burt1
of South Carolina, the first governor of Nebraska, is soon
written. He was appointed by President Pierce and reached the
Territory at the Mission House at Bellevue, now of Sarpy county,
on the 7th day of October, 1854, just four months and seven days
subsequent to the passage of the act organizing the Territory.
Coming there much indisposed, he died on the 18th of the same
month of his arrival, having taken the oath of office on the 16th
of October, 1854, and closing a two days' term of official life.
He has been spoken of as "a man of stern integrity and unblemished
character, greatly beloved by those who knew him," and in the
peculiar terms of that day, as "an accomplished southern
gentleman."
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The Secretary of the Territory, T. B. Cuming, of Iowa, immediately assumed the duties of acting-governor, and his proclamation, announcing the sorrowful death, draping the national flags, and appointing an escort, was the first executive utterance.
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Oct. 18, 1854 to Feb. 20, 1855, and Oct. 25, 1857 to Jan. 12,1858.
The first Territorial Legislature of Nebraska convened January 16, 1855, Acting-Governor Thomas B. Cuming delivering the message. In that document he said:
The first official act within our Territory has been indeed a mournful one, the transmission to a bereaved wife and orphaned children in South Carolina of all that was mortal of your late lamented governor, Francis Burt. In his death you have suffered a severe loss--the loss of a man peculiarly qualified by his public experience and capacity, his private virtues, and his energy and firmness, for the satisfactory and courageous discharge of his official duties. He spent but a few weeks of suffering among us, and his grave in a far off State is only another tie of union between communities widely severed, who will revert to his memory with fraternal pride, and to his untimely decease with sympathetic sorrow. The Territory being without a system of civil
or criminal law, or corporations, financial institutions, or
public works, as railroads, bridges or highways, the foundations
were to be laid, and superstructures erected. In the absence of
financial resources, appeals were made for congressional aid, in
behalf of the Pacific railroad, telegraph and mail facilities, a
chain of military posts for emigrant protection, and land
donations for all conceivable purposes.
Having hoped for the arrival of Governor Burt's
successor up to the meeting of the legislature, and not wishing to
pledge
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him to any specific policy, the acting-governor dealt in brief and general allusions and closed as follows:
I could not forbear, gentlemen, in transferring to another the trust reposed in me, from expressing a pride that, our Territory being thus speedily built up as another arch in the national fabric, your public acts and counsels will contribute to defend and perpetuate the Union and the Constitution of the United States as the only sure foundation of our civil liberties. I trust that your deliberations, by the blessing of Divine Providence, may be conducted with efficiency and prudence, and that the most ardent hopes of each one of you who have confronted the hardships and trials of pioneer life, may be realized in the promotion of the lasting good of our vast and promising young Territory.1When the 4th Legislative Assembly convened December 8th, 1857, Secretary Cuming, being again acting-governor, delivered a message congratulatory and instructive:
We are assembled today under the most favorable auspices. The Territory of Nebraska has, thus far, achieved all that her friends could ask. Her early organization and rapid progress have signally illustrated the safety and expansive force of the principles of the Federal compact, from which naturally sprang her organic act.On account of Nebraska's close proximity to the Anti-Slavery strife in Kansas, where the slave power was determined to enthrone the "peculiar institution," and the resident citizens were equally devoted to the free soil and free men, the governor made the following allusions:
Although lamentable dissensions have given to our sister territory a wider notoriety, we may well congratulate each other upon the verification of the political truth, "Happy is that people whose annals are tranquil." Safe, thus far, from the interference of reckless agitators and the mad efforts of intolerant fanatics, we can furnish to the world an enviable proof of the legitimate effect of the genius and spirit of our republican institutions. Among his recommendations be mentioned the
fact that the
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citizens of Omaha had contributed $50,000 to aid in completing
the Capitol building for which Congress should reimburse them; and
that the government should give the territory a surveyor general;
distribute troops along the emigrant line of travel; make
appropriations for railroad construction and for bridging the
rivers and streams on the United States mail routes. He drew a
very true picture of the evils of unrestricted and negligent
banking and demanded all the safeguards that prudence could
dictate.
The few days allowed for a session of the
legislature had demonstrated the fact that legal enactments were
limited, confused and contradictory, and needed constant
amendments and comparisons with the legislation of older
communities.
The thoughtful reader will understand that the
laws, regulations and customs of a new and formative society will
be constantly superseded by the progress of intellectual and
physical development.
This final message of Governor Cuming closed as
follows:
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Within three months from the date of this official document, its author had passed from earth, and at the meeting of the next legislature, Governor Richardson said: "The Territory has lost one of her brightest intellects, one whose genius and attainments had inspired his many friends with high hopes and marked out for him a brilliant and useful future. T. B. Cuming, Secretary of the Territory, has been called away forever."1
The legislature having referred this message to a committee, the following report2 was made by its chairman, Hon. R. W. Furnas, subsequently governor:
Thomas B. Cuming was appointed secretary of the Territory of Nebraska by Franklin Pierce, President of the United States, upon the organization of the Territory, and entering at once upon the discharge of the duties of his office, he arrived here in the month of September, 1854. By the untimely decease of Governor Burt, he succeeded to the supreme executive and became ex-officio Governor of Nebraska. How ably he filled that office, those living can testify. In the organization of the first legislature, surrounded as he was by conflicting elements, threatened by fierce contending factions, standing in imminent danger of personal violence, he wavered not once in his fealty to the general government, nor in his fidelity to the trust reposed in him. Throughout the whole duration of those troublesome times he pursued a policy, the sagacity of which was proved by its success, and the wisdom of which is evidenced by the present prosperous position of the Territory which he governed. Upon the resignation of Governor Izard, he again assumed the executive office and from that time till near his death maintained it. He has been identified with the Territory ever since its organization, as one of its highest officers. He died with the mantle of authority still about him, in the land which he had chosen for his own; in the country which he had ruled so well. He was buried with his honors fresh upon him; from the halls where he was
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Never was the pathway of a young politician beset with greater perplexities and temptations than those surrounding the first temporary executive of the Territory of Nebraska. To be unexpectedly called upon to assume the duties of another, and expected to evolve a government from a state of elementary chaos, in the absence of precedents, would have required all that age, experience and human sagacity could have furnished. While it became his duty to designate the place for the assembling of the first session of the legislature, the. final question of Capitol location was left to the representatives of the people, but inasmuch as the place of the first meeting would have the
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prestige of an incipient Capitol, his decision was sought in
the spirit of desperation. What there was of settlement, was
divided by the Platte River into North and South, while in the two
antagonistic sections, three rival towns in each were ready to
destroy their local competitors to gain a permanent advantage.
These were Bellevue, Omaha and Florence to the north, and
Plattsmouth, Nebraska City and Brownville to the south.
Bellevue, having been the place where the first
governor landed and died, and whence his acting successor issued
the first official proclamation, and possessing the most beautiful
location, had many reasons to anticipate becoming the permanent
seat of government.
When, therefore, Mr. Cuming, having ordered the
taking of a census, in 1854, and the election of members of a
legislature and of a delegate to Congress, appointed the
assembling of the first session for Omaha, the clans were mustered
for war. In the absence of courts to issue the quo warranto
or mandamus, appeal was occasionally made to the knife and
revolver, and under mental conditions affected by the use of money
or whiskey. Accordingly, in 1858, when the location question was
again revived, and Secretary Cuming was once more acting-governor,
after Governor Izard's resignation, a majority of the legislature
removed to Florence, eight miles up the river, and called upon him
for the records in possession of the minority at Omaha.
Before a solution of this complication was
secured Gov. Richardson of Illinois arrived and, assuming control,
released the young official once more to his original duty of
secretary of the Territory, which place he filled until early in
the spring of 1858, when he was stricken by death, in his 28th
year.
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Feb. 20, 1855 to Oct. 25, 1857.
In the illustrated history of Nebraska, a writer quoting from the Omaha Herald, proceeds as follows: "Mark W. Izard, who came into the Territory as United States marshal, was appointed successor to Governor Burt, and the ball was given in honor of his excellency." It might be here parenthetically stated that when the governor was to read his inaugural message he arranged it so that a negro was to announce his approach to the legislative chamber, by saying, "Mr. Speaker, the Governor is now approaching"; but forgetting his text he electrified the assembled wisdom with, "Mr. Speaker, de Gub'ner hab done come." The following is from the Herald:
Izard was a stately character physically; mentally, rather weak, and felt a lively sense of the dignity with which the appointment clothed him. He had never known such an honor before, and it bore upon him heavily. To the few persons who then constituted the population of the city, the governor was careful to intimate a desire to have his gubernatorial advent suitably celebrated. The factious and wary Cuming suggested the idea of giving Izard an executive ball. The larger of the two rooms, which then constituted the building, was the theatre of a scene perhaps the most ludicrous that was ever witnessed in the history of public receptions. The room had a single coat of what was called plastering, composed of a frozen mixture of mud and ice, and a very thin coating at that. The floor was rough and unplaned, and not altogether safe for those who preferred the upright position. It had been energetically scrubbed for the occasion. The night being dreadfully cold and the heating apparatus failing to warm the room, the water froze upon the floor and could not be melted by any then known process. Rough cottonwood boards on either side of the room were substituted for chairs. The hour of seven having arrived, the grand company began to assemble. Long before the appointed hour his Arkansas excellency appeared in the dancing hall. He and Jim Orton and "the band" of Council Bluffs reached the scene about the same moment.
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On the 20th day of February, 1855, the successor of Governor Burt having arrived, Secretary Cuming introduced him to the legislature in a most complimentary speech, which was replied to in a manner indicating that "honors were easy," and eulogiums at par.
MR. CUMING: We congratulate you and ourselves, Sir, that the blessing of prosperity and harmony, and the glory of great hopes for the future are lighting up your path, which the vigorous arm of popular sovereignty has carved out and upon which we have entered. * * * We feel assured, Sir, that a glorious destiny will result from that manifesta-
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To which the governor replied:
I return my sincere thanks to you for the kind and complimentary manner in which you have received me. In the difficulties through which you have passed, and the embarrassments which you have unavoidably encountered in the organization of this now prosperous and growing Territory, I am conscious you had at heart the welfare of the whole Territory. I return to you my sincere thanks for the cordial welcome and friendly feeling with which you have received me. I feel that there is wisdom and integrity enough here to lay the foundation for a government, the blessings of which are soon to be enjoyed by a population unparalleled in the settlement of any country, a population which will vie in point of morals and intelligence with any country, new or old.2These few complimentary extracts may suffice as introductory to an official acquaintance and a prelude to the governor's first message3 of February 27, 1855, which ran as follows:
The circumstances under which I make this, my first official communication to your honorable body, are somewhat peculiar, my arrival in the Territory having been delayed by causes entirely beyond my control, until a late day of the session. I cannot flatter myself that I am officially familiar with the progress already made, to indicate a course of policy for the government of your future actions, with as much clearness and precision as I could desire, but finding the session fast drawing to a close, and the more important matters of legislation which are of vital interest to the people of the Territory, yet in their incipient state, or wholly untouched, I feel it my duty to call your attention to the subject, and recommend to your favorable consideration such measures as I deem important for the speedy organization of the Territory, and future peace and harmony of our young and growing community.
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The length of the session being limited to
forty days by the organic act, he recommended that the code of
Iowa for civil and criminal practice be adopted, and that a
general election law be framed, and a system of territorial
revenue be established, and rules and regulations prescribed for
defining the rights of settlers under the act of Congress. There
was a most pressing, necessity for the admonition against special
legislation, instead of general laws, for all manner of persons
were under a frenzy of excitement in order to acquire charters for
banks, ferries and endless corporations, the. erection of counties
and location of towns, and for the permanent establishment of the
capital, whereby a fictitious value should at once be attached to
real estate, and vast fortunes amassed. The legislature then in
session was not responsible to any settled and well defined
constituencies; and many members were citizens of other states,
mere adventurers, who, being on prospecting tours, found time to
take part in the first organization. On the eighth day of the
session, charges were made against six members of the council for
want of citizenship, and one for being a minor, leaving six to
assume valid citizenship; and inasmuch as a large immigration was
expected before another election, a preamble and resolutions were
introduced in the council suggesting a general resignation of the
members and a new election.
Closing his message, the governor said:
During this first session a report was made on the subject of prohibiting the sale of intoxicating liquors, of which two paragraphs will show the drift:
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The house of representatives having passed a
bill excluding free negroes from obtaining a settlement in the
territory, it was finally indefinitely postponed in the council by
a vote of 7 against 4. On the 19th day of December, 1855, Governor
Izard delivered his second message1 to the legislature,
and as the facts of history were few, and the realms of fiction
unbounded, he dealt in the imaginary creations of the present and
the gorgeous realizations of the future. The infant territory was
prosperous, the early organization was of bold and energetic
measures, the principles of "popular sovereignty" vindicated, the
people happy in a degree heretofore unexampled, while towns and
cities were springing up as if by magic. The capitol, for which he
had projected the plans, and which were worked out in detail by
the accomplished architect of St. Louis, William Rumbold, would be
the most. imposing of buildings, and would be copied by Kansas,
and admired by all master builders visiting the Territory. The
territorial road westward to Kearney would be the forerunner of
the Pacific railway; and the completion of the surveys of
government lands would supercede the term "squatter" and we become
sovereigns of the soil. Special attention being given to the
ordinary wants of the new community, and a highly colored portrait
drawn of our enterprising and intelligent and patriotic neighbors
of the Pacific slope, he promised hearty co-operation with the new
legislature, and invoked upon them the guidance of Divine
Providence.
One of the most notable acts of the body was the
adoption of the report of the committee on codification of laws,
and an effort to arrest the ocean tide of divorce applicants and
to refer them
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exclusively to the courts, became a pressing necessity. The end of the second legislative year found a network of corporations, and the town site plats in universal existence. On the 6th of January, 1857, Governor Izard came to the front with his last message, but be came up smiling, and his voice attuned to strains of congratulations. While Kansas had been desolated by pillage and her people murdered, Nebraska had been at peace:
When we reflect that but two short years have passed since Nebraska was a vast uncultivated and unsettled region, with scarcely a mark to indicate that civilization had reached its borders, its present condition almost startles us with a conviction that the hand of magic, rather than enterprise of the pioneer, has wrought the change. We can boast of a population of more than 15,000 intelligent, orderly and energetic citizens, who may challenge comparison with those of any State or Territory in the Union, of flourishing towns and prosperous cities, with their broad and beautiful prairies, being thickly doffed with comfortable farm houses and well cultivated fields, yielding their rich treasures to the hand of peaceful industry, and with handsome church edifices, well regulated schools and busy streets. The appreciation of property has far exceeded the expectations of the most sanguine. Business lots upon streets where the wild grass still flourishes are readily commanding from to $3,000 each, and land adjacent to our most prosperous towns commanding from $50 to $400 per acre.In the election of James Buchanan to the presidency (which preceded the great internal war), he saw an evidence that the slavery agitation was settled forever, and exclaimed:
Preparatory to the reception of the immense tide of immigration and wealth that is destined to flow into our Territory at the opening of spring, from all sections of the country, it is our duty that you will adopt, at an early day, a wise and judicious system of legislation for the security of persons and property. The value of education, common and
collegiate, received marked and extended attention, and the duty
of memorializing
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Congress for grants of land for those purposes was vigorously
pressed.
Reiterating many former recommendations, he
closed his official communication:
Following the message in hot haste came a resolution for a committee on removal of the capitol, which in two days thereafter, reported in favor of the measure, which passed the legislature and in due time was vetoed by the governor. The insinuations of undue influences in the original location at Omaha were offset by the following language of the veto measure:1
It is not pretended that a single house, or even sod shanty has been erected on the site of the proposed capital, or in the vicinity. It appears to be a floating town, not only without a location, but without inhabitants.In regard to banks and banking a committee used the following:
We have now six banks; add six more and we have twelve, a bank for every thousand inhabitants. Who are the men who are asking for these charters? Are they sovereign squatters of Nebraska? Not at all. Most, if not all of the leading men are from other states, who would be very much obliged to us now to legislate to them the opportunity of filling our pockets with their bills, but who would laugh as to scorn when they had our gold and our property in their possession.The bill to incorporate the extra six met with the executive veto and failed to become a law. The committee to whom was referred so much of the governor's message as related to the election of President Buchanan, reported:
That while we have no objection to the election of James Buchanan, yet they cannot see that the rights of the South
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His last veto1 arrested a bill
entitled, "An act to repeal all criminal laws passed at the first
session of the legislative assembly," which was finally passed
over the veto, and before the convening of the legislature,
December 9th, 1857, Thomas B. Cuming was again acting-governor,
due notice of which has already been taken in the section
concerning him.2
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