KANSAS COLLECTION BOOKS


Andreas' History of the State of Nebraska

Nebraska as a State
Produced by Ted and Carole Miller.



Part 1:


Nebraska as a State | First State Officers
Congressional Representation
Legislative | Political | Removal of the Capital

Part 2:


Impeachment of Gov. Butler:   Article I | Article II | Article III
Article IV | Article V | Article VI | Article VII | Article VIII | Article IX
Article X | Article XI

Part 3:
Impeachment of Gov. Butler (cont.):   Answer
Part 4:
Constitution of 1871 | The James Regime | Proclamation
Part 5:
The James Regime(cont.) | Supplementary Resolutions
Part 6:


Constitution of 1875:
Preamble | Article I--Bill of Rights | Article II--Distribution of Powers
Article III--Legislative | Article IV--Legislative Apportionment

Part 7:







Constitution of 1875 (cont.):
Article V--Executive Department | Article VI--The Judicial Department
Article VII--Rights of Suffrage | Article VIII--Education
Article IX--Revenue and Finance | Article X--Counties
Article XI--Corporations:   Railroad Corporations
Municipal Corporations | Miscellaneous Corporations
Article XII--State, County and Municipal Indebtedness
Article XIII--Militia | Article XIV--Miscellaneous Provisions

Part 8:


Constitution of 1875 (cont.):
Article XV--Amendments | Article XVI--Schedule
Propositions Separately Submitted | Legislative and Political

Part 9:

Legislative and Political (cont.) | Popular Votes | State Roster
State Judiciary

Part 10:

Senatorial Succession | The Political Status of Nebraska
County Boundaries

Part 11:

The Population of Counties | Omaha in 1858
Per Cent of Increase in Population | Prof. Wilber's Address

Part 12:
Hon. J. M. Woolworth's Address | Public Lands
Part 13:
Educational Lands in Nebraska | Educational
Part 14:
Slavery in Nebraska
Part 15:
The Woman Suffrage Question


Part 3


   The 9th of March was set down as the date of the respondent's answer. At that time, the following document was placed on the records:

   ANSWER.--And now comes the respondent, David Butler, in his own proper person, saving unto himself all and all manner of exception and advantage to the many errors and imperfections in the several articles and specifications in said articles contained, and not confessing any or either of said articles or specifications to be true, for answer to them, or so many thereof as he is advised it is necessary to make answer to, answering, saith:

   That it is true the Government of the United States had donated to the State of Nebraska the 5 per cent on proceeds of the public lands, and the amount thereof was due the State of Nebraska, and that this respondent was authorized to procure the same to be paid over to the Treasurer of said State; and that, in the spring of 1869, this respondent procured to be audited and allowed to the State of Nebraska the sum of $16,881.26, for which amount a warrant was duly issued by the proper department at Washington, payable to the order of the respondent, as Governor of said State; and that the said warrant was brought to Nebraska by one E. B. Taylor, and deposited in the First National Bank, at Omaha, to the credit of this respondent, as Governor aforesaid, as set forth in said article of impeachment. And this respondent further answering says:

   That it is true, that while said money was so deposited, this respondent, as Governor, executed in due form of law, countersigned by the Secretary of State, and attested by the Great Seal of the State of Nebraska, a power of attorney to one Nelson C. Brock, who was at that time Deputy State Treasurer of Nebraska, authorizing him to endorse the name of this respondent on said warrant so deposited at the First National Bank at Omaha, and receive the proceeds thereof, being the full amount of said warrant, $16,881.26, which, as this respondent is informed and believes, said Brock did receive, and deposited the same in the State Treasury of Nebraska; but this respondent most distinctly denies that the said Brock, with the knowledge or consent of the respondent, deposited the proceeds of said warrant, or any part thereof, with or in the banking house of James Sweet and said Brock, as Bankers, or to the order of this respondent, or in any other way by which said sum of money would be subject to the order or control of this respondent, and denies that this respondent had any control over the proceeds of said warrant or any part thereof, since the said Nelson C. Brock, Deputy State Treasurer, received the proceeds from the First National Bank at Omaha;

   But alleges the truth to be, that the said sum so received by him was received with the understanding and direction that it was to be brought to Lincoln and deposited in the State Treasury, and this respondent alleges on information and belief that it was so deposited, as all other moneys belonging thereto, and the said Brock charged the State a small per centage for his trouble in that regard. This respondent, further answering, says: That it is untrue that he unlawfully and corruptly neglected to discharge his duties in regard to said money, and denies that he appropriated the same, or any part thereof, to his own use.

   But this respondent alleges that some time after said money was deposited as above set forth, he did, at the suggestion and by the consent of the Treasurer of the State, borrow said sum of money of the State, and that at the time the respondent agreed to and did give to the State the bonds hereinafter mentioned, and agreed to secure the same by mortgage on Real Estate situated in this State, and the said Treasurer at the same time promised to draw the mortgage, and present them to this respondent without delay, but the Treasurer having neglected to prepare the same, after the lapse of considerable time, the respondent caused said mortgages to be prepared, and did execute to said State in due form of law nineteen mortgages, on its many distinct tracts of land, amounting in the aggregate to about three thousand acres of land, which mortgages, bearing date May 25, 1869, were duly executed and acknowledged by this respondent, and his wife, and were, about the 1st of January, 1871, delivered to said State, duly recorded in the offices of the County Clerks in the counties respectively where said lands are situated:

   That at the time said mortgages were executed and recorded, this respondent was seized of the same in fee simple.

   That they were free from incumbrances, and that said lands were then, and still are, worth at least thirty thousand dollars in cash, and that each particular tract of land, included in such mortgages, is worth, in cash, at least double the amount secured thereby;

   That at the date of said mortgage, the respondent executed to said State nineteen bonds for the aggregate sum of $16,881.26, payable to said State five years after date, with interest from date at the rate of ten per cent per annum, the interest payable annually;

   And that the respondent has paid the interest due on said bonds and mortgages for one year.

   The respondent will ask leave to read said bonds and mortgages on the trial of this cause;

   And states the truth to be, that every act of this respondent, in and about the procuring of said warrant from the Government of the United States to the State of Nebraska, and causing the same to go into the possession of the Treasurer of State, and by him to be protected and preserved as State funds, and in effecting such loan was done in perfect good faith, and without the remotest idea or intention of defrauding or cheating the State out of one cent, and denies that he has thereby been guilty of misdemeanors in his office, as against him charged and set forth.

   This respondent, for answer to the First Specification, in ARTICLE FIRST, denies each and every allegation therein contained, but alleges the truth to be, that this respondent has had nothing whatever to do with said money, or any part thereof, since the date and execution of the power of attorney aforesaid, given to said Brock, Deputy State Treasurer, to receive the proceeds of said warrant from the First National Bank at Omaha, except as hereinbefore set forth.

   This respondent, for answer to the Second Specification in said article, denies each and every allegation therein contained.

   This respondent, for answer to the Third Specification in said article, denies each and every allegation therein contained, and denies that he converted to his own use the sum of $1,881.26, or any other sum or portion of said money, whereby this respondent committed and was guilty of a misdemeanor in office, as in said specification charged.

   This respondent, for answer to the Fourth Specification in said article, says: That it is wholly untrue that in the month of May, 1869, or at any other time, he, this respondent, caused the aforesaid sum of $16,881.26 to be deposited in the banking house of James Sweet and said Brock, in the City of Lincoln, and from that time in the year 1869 and 1870 drew out, handled and used the same as his own private funds, and for his own use and benefit--but alleges, as he has hereinbefore, that he had nothing whatever to do with said money after the receipt thereof by Brock, as aforesaid, except as hereinbefore stated; and denies that this respondent has committed and was guilty of a misdemeanor in office, as in said specification charged.

   This respondent, for answer to ARTICLE SECOND in said articles of impeachment, says: That he denies each and every allegation therein contained, and alleges the same to be false and wholly untrue.

   This respondent, for answer to the First Specification in said article, says: That it is true that he was one of the Commissioners, authorized by an act of the Legislature of the State of Nebraska, entitled as in said specification set forth, approved February 15, 1869, with power to expend moneys belonging to the State of Nebraska, in and about the erection of a building for a State University, and to audit and allow the claims and accounts therefor, and this respondent admits that M. J. McBird was the architect in and about furnishing plans and specifications for said building known as the University Building, and that he, McBird, had a claim and demand against the State, for services rendered in that behalf, and it is true that about the time set forth in said specification, he, said McBird, presented his claim to this respondent and the other two Commissioners, for allowance and approval which by them was allowed; but this respondent distinctly denies that he had any such conversation, or made any such agreement, or had any such understanding with said McBird, or that he had any conversation, understanding or agreement of any kind before said allowance and adjustment of said claim was made, and denies that he procured or caused the warrant to be issued to said McBird for the sum of $3,750, in pursuance of any corrupt agreement, either expressed, implied or understood, but this respondent distinctly denies that he was acting as one of said Commissioners by virtue of his office as Governor, and further alleges that every act and every conversation that he did or had with said M. J. McBird in and about his claim and demand, and the allowance thereof, was in the capacity and exercising the function of one of the Commissioners and not in the capacity of Governor, or by virtue of the power and duties reposed in him as such, but that every act done by such Commissioners must be a joint act of the three or the majority thereof to make it authoritative and valid, and this respondent further answering says that it is wholly false and untrue that this respondent acting as Governor, or otherwise, made or had any contract, agreement or understanding with said McBird that he would procure to be issued a warrant upon the Treasurer of the State of Nebraska for the sum of $3,750 in favor of said McBird for his services, upon condition that the said McBird should retain $2,000 and pay to this respondent $1,750 thereof, and that unless he, McBird, would agree to such arrangement, he, this respondent, would allow said McBird only $1,500 of his said claim, as charged in said specification. But this respondent alleges the truth to be that the claim and demand of said McBird was just and right, and was at the request of the said McBird duly audited, allowed and paid without any deduction whatever or without any agreement or understanding that any deduction should be made, and this respondent denies that he ever received or retained any part of said sum.

   Whereof this respondent denies that he committed or was guilty of it misdemeanor in office as in said specification charged.

   This respondent for answer to the Second Specification in said article, says: That it is true that the said M. J. McBird, in the month of November, 1869, presented to this respondent as one of the Commissioners, a demand and claim for additional service as architect, and in superintending the erection of the aforesaid State University Building, which claim, after being submitted to the other Commissioners, was duly audited and allowed, but this respondent most distinctly denies that he had any understanding or agreement of any kind whatever, either expressed or implied, that this respondent was to receive one cent as consideration for the allowing or adjusting of said claim, but alleges the truth to be that the claim of said McBird was just and right, and was allowed, and warrants issued to him for the amount. And respondent alleges that every act that he did in and about the allowing of the claim of McBird was purely in the capacity and function of one of the Commissioners, it requiring in every instance, either the three or a majority to complete, perfect, and make the act valid and authoritative--but denies that in any, or either of those transactions this respondent was using or exercising any of the powers or duties reposed in him as Governor, and here submits to this high and honorable court, whether any of this respondent's acts or doings as one of the three Commissioners, and not as Governor, shall be brought in question and tried at this time, by this high and honorable court.

   Wherefore this respondent denies that he committed or was guilty of a misdemeanor in office, as in said specification charged.

   The respondent for answer to the Third Specification in said article, says:

   That it is true that he, in connection with the other members of the Board of Commissioners, in the year 1869, entered into the contract with D. J. Silver & Son for the erection of the building known as the University at Lincoln, Neb., as set forth in said specification, but this respondent denies that he had any such conversation or interview with R. D. Silver, as set forth in said specification; and further answering, most positively denies that he refused to settle with said Silver, or that he made any bargain or agreement of any kind; that he was to receive a cent in consideration of the allowing of his claims, or in any other way, but alleges that the amount claimed by Silver was his due under a written contract, without a shadow of doubt as to the validity thereof, and which fact the said Silver well knew; but this respondent says that about the time his claim was finally approved and allowed, he, said Silver, stated to this respondent that he was anxious to realize the cash on his claim, and that he would be willing to lose $8,000 or $10,000, or words to that effect, and have the amount due him in cash, and thereupon this respondent replied that he, in a few days, would see Mr. Kountze, of the First National Bank, and, perhaps, the money could be raised, and an arrangement of that kind made.

   This respondent further says, that soon thereafter he saw Mr. Kountze, of the First National Bank and partially arranged for the money, then came back and called upon Mr. Silver, informed him of what he had done, and proposed to cash his claim, when Mr. Silver informed this respondent that he had concluded not to cash his warrants.

   Thereupon some angry and harsh language passed between this respondent and said Silver. Said Silver then and there stating that he would do this respondent all the harm he possibly could.

   This respondent further alleges that every act in and about the claim of said Silver & Son, or conversation had, save and except the last one hereinbefore mentioned, was done in the capacity and while performing the functions of one of the Commissioners aforesaid, and not as Governor, and denies that he has committed and was guilty of a misdemeanor in office, as charged in said specification.

   This respondent, for answer to the Fourth Specification in said article, says: That it is true that under the act in said specification referred to, this respondent as Governor, was empowered, and had the right to lease to any competent party or parties, certain saline lands belonging to the State of Nebraska, and that at the date set forth in said specification, one Thomas F. Hall did apply to this respondent to lease certain lands therein described.

   But this respondent distinctly denies that he suggested to said Hall, that he must pay to him, this respondent, $5,000--and for the reason that he would not, refused and declined to lease said lands to said Hall, as in said specification set forth.

   But this respondent says: That before the application of said Hall was made this respondent had leased said land to Isaac Cahn and John M. Evens who, at that time, had invested quite a large sum of money, and who were working and improving the same, and stated to said Hall that he could not lease to him without consulting them.

   And this respondent denies that he has committed, or was guilty of a misdemeanor in office, as in said specification charged.

   This respondent, for answer to the Fifth Specification in said article, says:

   That it is true by virtue of his office as Governor, he was President and a member of the Board of Regents, known as the Regents of the University of Nebraska, and that the said Board of Regents have the power to appoint a Treasurer. Respondent further says that it is true that about the day and year therein stated, the said Nelson C. Brock proposed to this respondent that if this respondent would procure him, said Brock, the appointment, and would use his influence to make him Treasurer of said Board, he would pay this respondent $500. To which proposition this respondent made no reply whatever, and paid no further attention whatever to it--but alleges the truth to be that he made no agreement, had no understanding either directly or indirectly, but worked and voted against said Brock, and in favor of the present Treasurer, John L. McConnell; and therefore denies that he, in that regard, committed and was guilty of a misdemeanor in office, as in said specification charged.

   This respondent, for answer to Sixth Specification in said article, says:

   That he denies each and every allegation in said specification contained, and alleges the truth to be that he held no conversation with said Brock upon the subject--he never received a cent from said Brock--worked and voted against said Brock--and in favor of John L. McConnell, as hereinbefore stated; and denies that he committed and was guilty of a misdemeanor therein, as in said specification stated.

   This respondent for answer to the Seventh Specification in said article, says:

   That it is true that by the act entitled, An act as set forth in said specification, approved February 15, 1869, this respondent was one of the Commissioners authorized to locate the State Lunatic Asylum, at or near the town site or Lincoln, and which was so located by said Commissioners, but this respondent distinctly denies that he received from one Dr. French, or any other person or persons, a conveyance of any land or property of any kind at a price far below its value, as an inducement and bribe to influence this respondent's action and decision relative to the location of said Asylum--and by which he was improperly and corruptly influenced to make said location, but alleges the truth to be that after the location was agreed upon and understood, the personal friends of the Commissioners sold to them jointly a seventy-five-acre tract of land in vicinity of said location, at $10 per acre, stating and proclaiming that they were anxious to have the officers of the State interested in that locality, and that they could afford to sell said land at that price. Respondent denies that in the location of said Asylum, or in any act connected therewith, he was acting in the capacity of Governor, or performing any of the duties or functions longing thereto--but was acting as one of the Commissioners in connection with the other two, and therefore submits to this honorable court whether any or either of this respondent's acts or doings as Commissioner, and not as Governor, should be tried and considered by this high and honorable court; and this respondent denies that he has committed and was guilty or a misdemeanor in office, as in said specification charged.

   This respondent, for answer to ARTICLE THIRD in said Articles of Impeachment, says:

   That it is true that for the time therein stated, Champion S. Chase had been the attorney for the State of Nebraska, and as such attorney had rendered certain services for said State, and it was the duty of this respondent to determine what compensation for such services was fair and just, and according to what was paid in similar cases, but this respondent distinctly denies that he did, at the date therein stated, or at any other time, willfully, falsely and corruptly determine and represent to the Auditor of said State, that he, this respondent, deemed the sum of $2,000 to be a just and fair compensation for said services, and denies that he willfully, corruptly and unlawfully induced said Auditor to issue two certain warrants for the sum of $1,000 each, under the pretense that the same were issued for the services of said Chase, as in said articles charged and set forth.

   But at the date of issuing the two warrants aforesaid, the State was indebted to said Chase in the sum of about $1,500, and said Chase was still in the employ and service of said State, and this respondent then and there believed would continue as such attorney; and after the issuing of said two warrants, this respondent went to said Chase and delivered to him one of said warrants, then and there stating to said Chase that he would be in need of some money with which to enter for the State certain Saline lands, no money having been appropriated for that purpose, and that if he, said Chase, would not object, he would retain the other warrant until this respondent returned from Washington, whither he was then bound, to which said Chase gave his consent; and this respondent further represents, that upon his return from Washington this respondent determined to appoint Seth Robinson in the place of said Chase, and thereby end and determine the services of said Chase; and to that end settled with said Chase up to that date, and afterward caused a warrant to be issued to said Chase for the amount found due him, having previously, but after the appointment of said Robinson, paid the money received on one of said warrants into the State Treasury and caused the same to be cancelled, having entered the Saline lands with an unexpended balance of money, appropriated for that purpose in 1867, but of the existence of which this respondent was not previously aware.

   And this respondent most distinctly denies that he did willfully and corruptly appropriate to his own use one of said warrants, or the proceeds thereof, or any part thereof, contrary to his duty and oath of office, as in said article charged, and denies that in that regard he has committed or was guilty of a misdemeanor in office.

   For answer to the FOURTH ARTICLE, the respondent admits that the Commissioners named in said article entered into a contract with one Joseph Ward for the erection of the lunatic asylum, and that said Commissioners, in said contract, exceeded the amount appropriated for the same.

   But this respondent alleges that said Commissioners made said contract in the full belief that they would be able to realize from the sale of the unsold lots and land of the State, appropriated by the act in said article mentioned, money sufficient to liquidate the demand of said contract, according to the terms thereof, and the respondent alleges that the said unsold lots and land will sell for a much larger sum than is necessary to pay the remaining amount due on the same.

   And the respondent further says, that by a joint resolution of the Legislature of this State, approved March 4, 1870, the said Legislature, after a full and thorough investigation of all the facts pertaining to said transaction (as well as others) fully indorsed, approved, ratified and confirmed the same.

   But this respondent expressly denies each and all allegations in said article, not hereinbefore answered, and the respondent submits that all of his acts in the premises were done and performed in his capacity as one of said Commissioners, and not in his official capacity of Governor of said State, and that by reason thereof he is not called upon to answer said article.

   Wherefore, this respondent denies that he did commit and was guilty of a misdemeanor in office, at therein set forth.

   For answer to the FIFTH ARTICLE, the respondent admits that, in the year 1869, he was a member of the Board of Regents of the University of Nebraska, and that he was ex officio President of said Board, but the respondent denies that he did willfully and recklessly assent and become a party for the erection of said University and Agricultural College, and denies that he committed or was guilty of a misdemeanor in office in that regard.

   But this respondent alleges the truth to be that the Board of Commissioners for the Construction of Public Buildings did make a contract with said D. J. Silver & Son, dated in August, 1869, for the erection of the State University, and that the contract price for said University Building was in excess of the appropriation made therefor; but the respondent says that said contract was made in good faith, and for the reason set forth in the answer to the fourth article. And this respondent further says:

   That, by a joint resolution of the Legislature of this State, approved March 4, 1870, the said Legislature, after a full and thorough investigation of all the facts pertaining to said transaction, fully indorsed, approved, ratified and confirmed the same.

   But the respondent expressly denies each and every allegation in said article not hereinbefore answered. And the respondent submits that all of his acts in the premises were done and performed in his capacity as one of said Board of Commissioners, and not in his official capacity as Governor of said State, and that by reason thereof he is not called upon to answer said article.

   Wherefore this respondent denies that he did commit and was guilty of a misdemeanor in office, as therein set forth.

   And now comes respondent, and for answer to the SIXTH ARTICLE says:

   He admits that at the present session of the Legislature, in the month of January last, the House of Representatives of the State of Nebraska passed the resolution as set forth in said article, and admits that the same was communicated to him at the time therein set forth, and further admits that his communication to the House, in answer to said resolution, is the same as set forth in said article.

   But denies that his said answer to said resolution is untrue; denies that he intended in said communication to deceive the House of Representatives, the Legislature and the people of said State, as set forth in said article.

   Denies each and every allegation set forth in said article, except those which have heretofore been expressly admitted.

   Wherefore, respondent denies that he committed, and was guilty of a misdemeanor in office, as charged in said article.

   This respondent, for answer to the SEVENTH ARTICLE contained in said Articles of Impeachment, says:

   That it is true that--by the act entitled An Act, as in said article set forth, approved February 15, 1869--the respondent, in conjunction with the Land Commissioner and Treasurer of said State, was empowered and authorized to invest certain funds received by such Treasurer, as advance or full payment by the purchasers of School Land, in United States or other good and sufficient securities, which securities should bear not less than 6 per cent annual interest; but this respondent distinctly denies that he willfully and unlawfully did advise and consent to the loaning of such funds in divers sums and to divers persons; and did cause the same to be loaned improvidently, recklessly, and without any authority of law and regard to public interests, and upon totally insufficient and inadequate security, and without the concurrent action thereon by said Treasurer and Land Commissioner, as charged in said article:

   But alleges the truth to be, that in every instance where a loan of such fund was made, it was with the consent and concurrence of the Land Commissioner and Treasurer, and in the utmost good faith to the State, and upon perfectly good and reliable security.

   Wherefore, this respondent denies that he committed, and was guilty of a misdemeanor in office, as therein set forth.

   This respondent, in answer to the First Specification in said article, says:

   That this respondent, in conjunction with the Land Commissioner and Treasurer, about the date set forth in said specification, consented to loan to one Anson C. Tichenor and Amanda F. Tichenor, his wife, $10,000 of said school money, which sum was so loaned to him; and, to secure the payment thereof to said State, together with interest on said sum, they, said Anson C. Tichenor and Amanda, his wife, executed in due form of law, and delivered to the said State, a mortgage upon certain property in Lincoln, Neb., known as the Tichenor House and premises, and it was a condition in said mortgage that the said mortgagees should insure said premises in some good and responsible insurance Company, in the sum of $12,000, for the benefit of said State in case of loss, which was accordingly done, said loan being for the term of five years from the date thereof, which mortgage was duly acknowledged and recorded in the office of the County Clerk of Lancaster County, in book --- of mortgages, page ---, which mortgage, or the record thereof, this respondent asks leave to produce and read at the hearing of this cause.

   This respondent alleges that at the time said money was loaned, he, together with the Land Commissioner and Treasurer, regarded the security as perfectly safe and reliable, and this respondent still believes and alleges the truth to be that the property aforesaid is a sufficient security for said claim, and this respondent denies that said security was wholly inadequate and insufficient, and that this respondent knew that to be the fact at the time of said loan, as in said specification charged, and alleges that they had full authority to make said loan under and by virtue or the law, and denies that he committed and was guilty of a misdemeanor in office, as in said specification charged.

   This respondent, for answer to ARTICLE EIGHT, Says:

   That he denies each and every allegation therein contained, and that the same are untrue, and denies that he committed or was guilty of a misdemeanor in office, as charged in said article.

   This respondent, for answer to the NINTH ARTICLE, Says:

   That the matters and things as therein set forth are not true, and states the facts to be that by an act entitled "An Act to donate seventy-five sections of the public lands of the State to the Northern Nebraska Air Line Railroad, approved June 20, A. D. 1867," the land in question was donated to said company.

   That the said railroad company on or about -- day of -- consolidated with the Sioux City & Pacific Railroad Company, under the name of the latter company, and in accordance with law made and provided in such cases.

   That the said company did, in pursuance of said act of June 20, 1867, construct their said railroad from De Soto, Washington County, to Fremont, in Dodge County, State of Nebraska, as required by said act.

   And that the patents executed and delivered by respondent to said railroad company were so executed and delivered in pursuance of the said act above referred to, the land having been previously set apart as required by section second of said act, and denies that he was guilty of any misdemeanor in office, as in said article charged.

   For answer to the TENTH ARTICLE, the respondent denies each and every allegation in said article contained, except such of said allegations as are hereinafter admitted, and he especially denies the allegation that he ever converted to his own use and benefit any of the moneys accruing from the sale of the lots or lands, or any other property of the State. But the respondent says that it is true that the Commissioners have, in a few instances, sold lots in Lincoln at private sale to persons who would and did earnestly interest themselves in advancing the interests of Lincoln, and thereby promote the interests of the State by enhancing the value of real estate in said town.

   But this respondent alleges that in every instance where lots have been disposed of at private sale, they have brought better or as good prices than if they had been sold at Public auction.

   But the respondent insists that the allegations in said articles are so vague, indefinite and uncertain, that he ought not to be called upon to answer the same.

   Wherefore, this respondent denies that he did commit or was guilty of a misdemeanor in office, as therein charged.

   And for answer to Specification First, the respondent admits the sale of the land therein described to James Gerrans.

   But he denies each and every other allegation in said specification contained, but says that each and every act in and about said transaction was done in connection with the other Commissioners in his capacity as such Commissioner, and not as Governor, and he denies that he has committed or is guilty of a misdemeanor in office, as therein charged.

   For answer to the ELEVENTH ARTICLE and Specification therein set forth, this respondent admits that by said act referred to in said article, he was made Commissioner, in conjunction with the Secretary and Auditor of the State, to sell the unsold lots and blocks in Lincoln, but denies that in the discharge of the duties of such Commissioner, between the 15th day of February, A. D. 1869, and the time of exhibiting these articles, that he was guilty of corrupt practices and misdemeanors in his office of Govornor, and says that the corrupt practices therein set forth are wholly untrue--denies each and every allegation and matter and thing set forth in the First Specification to said article, and says the same is untrue as therein set forth, and states the fact to be that on the--day of June, A. D. 1869, at public sale, and in pursuance of and in accordance with an act of the Legislature, approved June 14, 1867, an act to provide for the location of the seat of government of the State of Nebraska, and for the erection of public buildings thereat, the said lots seven, eight, nine, ten, eleven and twelve in said block one hundred and fifty-one, in Lincoln, Neb., were at said public sale sold to the highest bidder, and that your respondent became the purchaser of said lots for the sum of $1,000, which was duly paid to the proper officer of the State; that owing to the fact that by the sixth section of said act, and the Constitution of the State, it was made the duty of respondent, as such Governor of Nebraska, to make and execute all conveyances for the lots so sold under said act, and respondent having the right in all cases in which he purchased lots at said public sale, to hold the same as his own, and the law failing to make any provisions in such cases, for deeds to be made to respondent, respondent after having purchased said lots at public sale, as aforesaid, in good faith, sold them, as he had a right to do, to one Andrew J. Cropsey, as set forth in said specification, and did cause a deed therefor, in the name of the State to be made direct to the said Andrew J. Cropsey. Denies that any of the money so received from the said Andrew J. Cropsey belonged to the State of Nebraska, or that he ever appropriated any money belonging to the State, to his own use and benefit, and denies that he did then and there commit and was guilty of a misdemeanor in office.

   And this respondent excepts to the sufficiency of the following articles and specifications, to wit:

   Article Second and Specifications First, Second, Third, Fourth, Fifth, Sixth and Seventh of said article. Articles Fourth, Fifth and Seventh, and Specification First of said Seventh Article.

   Article Tenth and Specification to the same.

   Article Eleventh and Specification to the same.

   And for his grounds of exception would state, that none of the acts and matters and things charged in said articles and specification are shown to have been done by said respondent as Governor of the state of Nebraska.

   And submits to this honorable court whether this respondent should be compelled to answer said articles and specifications, or either of them.

   And this respondent further excepts to said articles and specifications, and to each of them for the reason that they do show that he, this respondent, has not committed a misdemeanor in office.

   And this respondent insists that for all acts done and duties performed or omitted as one of said Commissioners he ought not to be called upon to answer in this honorable court, because he says that the Legislature of this State did, by a joint resolution, approved March 4, 1870, after a full, thorough and complete investigation of all the facts pertaining to the transactions of said Commissioners up to that date, fully indorsed, approved, ratified and confirmed all of the acts doings and proceedings of said Commissioners in the premises, and the respondent will ask leave of the court to read said resolution on the trial of this cause.

   And this respondent will also ask leave of the court to read the report of the committee appointed by the Legislature to make such investigation.

   And, finally, this respondent, having fully answered to the merits of all the allegations contained in the several articles and specifications exhibited against him, comes now and submits to this honorable court whether he shall be held to answer any of said articles or specifications, and this respondent insists that he ought not to be held to answer the same, because the acts, doings and omissions complained of are alleged to have been committed or omitted prior to the commencement of his present term of office of Governor.

   And this respondent, in submitting to this honorable court this, his answer to the articles of impeachment exhibited against him, respectfully reserves leave to amend and add to the same, from time to time, as may become necessary or proper, and when and as such necessity and propriety shall appear.     DAVID BUTLER.
   CLINTON BRIGGS,
   JOHN I. REDICK,
   T. M. MARQUETTE,
         Of Counsel for Respondent.

   It was ordered that the trial proceed on the 14th of March, and that the replication to the answer be presented by the managers on the part of the House, Friday, the 10th inst. This formality was duly observed; and on Tuesday, the 14th, at 3 P. M., this trial began.

   The House of Representatives of the State of Nebraska have considered the several answers of David Butler, Governor of the State of Nebraska, to the several articles of impeachment against him, by them exhibited, in the name of themselves and all the people of the State of Nebraska, and reserving to themselves all advantage of exception to the insufficiency of his answers to each and all of the several articles of impeachment exhibited against the said David Butler, Governor of the State of Nebraska, do deny each and every averment in said several answers or either of them, which denies or traverses the acts, intents or misdemeanors charged against said David Butler in the said articles of impeachment, or either of them; and for replication to said answer, do say that said David Butler, Governor of the State of Nebraska, is guilty of the misdemeanors mentioned in the said articles, and that the House of Representatives are ready to prove the same.

G. W. COLLINS,      
Speaker of the House of Representatives.

F. M. MACDONAGH,
      Chief Clerk of the House of Representatives.

   The details of this eventful session continued from time to time through the remainder of March, through April and May, and terminating June 4, are given in the official report of the trial, published by the Omaha Tribune Printing Company, and are easy of access. The limits of this volume and the intent thereof, prevent the insertions of those lengthy examinations and able arguments, even if a legal right could be obtained. To those who desire copies to complete this sketch, the writer mentions the fact that they can be obtained of State Librarian Guy A. Brown, who acted as one of the official reporters.

   The court assembled for what was to be its final deliberations, on May 30. It was informed of the resignation of the President, Hon. E. E. Cunningham. The successor of that gentleman, Mr. Linch, did not take part in the proceedings of the trial which yet remained. After a sharp contest, Senator Isaac S. Hascall, of Omaha, was elected to the chair and installed President of the Senate. This act was the means of furnishing another series of events in the State's history of almost equal gravity to those now being described.

   In the record of the vote upon the articles of impeachment preferred against Mr. Butler, it will be noticed that but twelve members responded, instead of thirteen. The foregoing paragraph explains that fact.

   On the 1st of June, 1871, a vote was reached. The method observed was: First, a reading of each article and its accompanying specifications of the charges, by the Secretary, and then a response thereon by each Senator as his name was called by the Secretary.

   Upon the first article, those voting "guilty" were Senators Brown, Cropsey, Gerrard (guilty upon the first specification) Hawke, Metz, Kennedy (declaring guilty on the first and fourth specifications), Sheldon, Thomas and the President, Isaac C. Hascall. Those voting in the negative were Senators Hilton, Tucker and Tennant, The Senate adjourned for the day.

   When the Senate assembled, June 2, a secret session was held, and Senator Gerrard moved that further proceedings be indefinitely postponed. The vote showed Messrs. Brown, Crobsey and Gerrard to favor this proceeding and the remaining nine to oppose it So the rendering of the verdict was continued.

   On the second article those voting "guilty" were Messrs. Cropsey, Metz, Sheldon (third and fourth specifications), Thomas (article and third and fourth specifications and Hascall. Those voting "not guilty" were Messrs. Brown, Gerrard, Hawke, Hilton, Kennedy, Tucker and Tennant. So upon this article the respondent was deemed not guilty.

   On the third article, those voting "guilty" were Messrs. Brown, Hawke, Metz, Kennedy and Tennant; "not guilty," Messrs. Cropsey, Gerrard, Hilton, Sheldon, Thomas, Tucker and the President, the vote being 7 to 5.

   On the fourth article was one "guilty" to eleven "not guilty," Senator Kennedy being the member voting "guilty."

   On the fifth article, all the Senators voted "not guilty."

   On the sixth article, the vote stood 5 to 7. Those voting "guilty"' were Messrs. Kennedy, Metz, Sheldon, Thomas and the President; those "not guilty," Messrs. Brown, Cropsey, Gerrard, Hawke, Hilton, Tucker and Tennant.

   On the seventh article, the vote stood 3 to 9. Messrs. Cropsey, Sheldon and Kennedy voted "guilty."

   On the eighth, ninth and tenth articles, all members voted "not guilty."

   On the eleventh article, those voting "guilty" were Messrs. Metz, Kennedy, Sheldon, Thomas, Tennant and the President; those voting "not guilty" were Messrs. Brown, Cropsey, Gerrard, Hawke, Hilton and Tucker.

   Thus it appeared that upon all but the first article, the respondent was esteemed innocent, but upon one charge he was pronounced guilty. Senator Gerrard then offered the following order:

In the matter of the Impeachment of David Butler, Governor of the State of Nebraska.
   And now, on this 2d day of June, A. D. 1871, this case coming on to be heard before the Senate of the State of Nebraska, sitting as a Court of Impeachment for the trial of the same, and the evidence and arguments having been heard, as well upon the part of the Respondents as upon the part of the State, upon the articles of impeachment exhibited by the House of Representatives against the said David Butler, Governor of the State of Nebraska, the said articles having been submitted severally for the consideration of the court, and two-thirds of the Senators having concurred in the conviction of said David Butler, Governor of the State of Nebraska, of misdemeanors in his said office, as charged in article 1st of said articles of impeachment. It is therefore ordered and adjudged by the Senate of the State of Nebraska, so sitting as a court of impeachment, for the trial of David Butler, Governor of the State of Nebraska, that the said David Butler is guilty of misdemeanors in office as charged in said article 1st, and it is further provided and decreed that the said David Butler, Governor aforesaid, be, and is hereby removed from the office of Governor of the State of Nebraska, which he now holds. And it is further ordered, that a copy of this judgment and order duly certified by the President of the Senate of the State of Nebraska, shall be filed with the Secretary of said State of Nebraska.

   When the motion on the adoption of this order was put, and Senator Sheldon's name was reached, that gentleman arose and said: "I desire to explain my vote, as I understand that order only removes from office, and if it pass that will be the extent of the judgment. If the Governor is a suitable person to hold office hereafter, I do not see why we should remove him at the present time, and for that reason I shall vote, nay."

   The remaining eleven Senators voted in approval of the order, which thereupon was declared to be the will of the court and stood recorded as its judgment. The court then adjourned.

   Secretary of State, William H. James, who had assumed executive powers, under the constitution, became confirmed in the office of Acting Governor of the State of Nebraska.

   The Legislature continued in session, after the adjournment of the High Court of Impeachment, and, on the 8th of June, the House preferred articles of impeachment against Auditor John Gillespie. But eight Senators were present and they were equally divided on the main issues. The proceedings of this body are said to have been not altogether as dignified as Representative Assemblies should be, if they desire to live in the affectionate respect of the people. In fact, it is not unreasonable to say that personal animosities, pet ambitions and kindred sentiments were more dominant at this period in the State's history than were the loftier qualities of patriotism and self-respect. This Legislature took final adjournment to the second Tuesday in January, 1872.




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