Andreas' History of the State of Nebraska

Nebraska as a Territory
Produced by Ted and Carole Miller.

Part 1:

Traders and Missionaries | The Mormon Exodus | The Gold Hunters
Nebraska as Seen in 1856 | Erection of Nebraska

Part 2:

Text of the Organic Act | Organization of the Territory
Arrival and Death of Gov. Burt

Part 3:

Acting Governor Cuming | Location of the Capital
The Machinery in Motion | The First Legislature

Part 4:

Election of Delegate | Mr. Clark's Prophecy | Gov. M. W. Izard
First Formal Census | The Second Legislature | First School Report
The Third Session | Attempted Removal of the Capital
Repeal of the Criminal Code | The Fourth Session

Part 5:

The Florence Secession | The Fifth Session
The Death of Secretary Cuming | Gov. S. W. Black | The Sixth Session

Part 6:

Attempt to Create a State | Gov. Alvin Saunders
The Eighth, Ninth, Tenth and Eleventh Sessions
The Enabling Act

Part 7:
Constitution of 1866 | Senator Gere's Sketch
Part 8:

Vote on the Constitution | President Johnson's Veto
Formal Admission of the State | The State Legislature
Official Roster of the Territory | Judiciary

Part 6


   Among the most important Legislation of the sixth session was "an act to frame a constitution and State government for the State of Nebraska. The measure was the fifth bill introduced in the Council and the third in the House that session. A joint committee, acting by special appointment on that portion of the Governor's message relating to the creation of a State, reported, in the Council, December 13, and favored the bill. The Council voted on the bill December 16, and it was passed by a vote of 8 ayes to 2 nays. In the House, a similar bill was introduced December 8, and, after much discussion on minor amendments, was passed, January 4, 1860.

   The proposition was submitted to the people March 5, 1860, and decided adversely, by the following vote:

             COUNTIES.      |   For.   |  Against.   
      Burt. . . . . . . . . |     68   |     42   
      Cass. . . . . . . . . |    449   |    146   
      Cedar . . . . . . . . |     12   |     46   
      Cuming. . . . . . . . |      7   |      1   
      Clay. . . . . . . . . |     10   |     24   
      Douglas . . . . . . . |    136   |    592   
      Dakota. . . . . . . . |     24   |    198   
      Dodge . . . . . . . . |     13   |     42   
      Dixon . . . . . . . . |      4   |     77   
      Hall. . . . . . . . . |     12   |     13   
      Johnson . . . . . . . |     24   |      1   
      Lancaster . . . . . . |     11   |     10   
      Nemaha. . . . . . . . |    308   |    212   
      Otoe. . . . . . . . . |    559   |    210   
      Pawnee. . . . . . . . |     69   |     75   
      Platte. . . . . . . . |     21   |     45   
      Richardson. . . . . . |     70   |    224   
      Sarpy . . . . . . . . |     28   |    254   
      Washington. . . . . . |    244   |     42   
      Gage. . . . . . . . . |     25   |     18   
           Total . . . . . .|   2094   |   2372   

   The seventh session of the Territorial Legislature convened Monday, December 3, 1860; The council stood: Douglas, John M. Thayer, David D. Belden, W. A. Little; Dakota, Dixon, Cedar, L'eau qui Court, John Taffe; Washington, John A. Unthank; Sarpy, Silas A. Strickland; Cass, T. M. Marquette; Otoe, William H. Taylor, John B. Bennet; Nemaha and Johnson, T. W. Tipton; Richardson and Pawnee, E. S. Dundy; Cass, Otoe and Dodge, Samuel H. Elbert; Burt, Washington and Sarpy, John Q. Goss.

   The officers were: W. H. Taylor, President; E. P. Brewster, Chief Clerk; D. H. Wheeler, Assistant Clerk; W. H. James, Sergeant-at-Arms; D. C. Slader, Doorkeeper.

   The House stood: Richardson, F. A. Tisdel, A. M. Acton, H. B. Porter; Nemaha, Thomas R. Fisher, James Hacker, John P. Baker, George Beane; Pawnee, E. W. Fowler; Johnson, Clay and Gage, Hiram W. Parker; Otoe, Samuel P. Sibley, Alfred Mathias, Adin G. Cavins, Charles H. Cowles, Jacob Sollenberger, Hiram P. Downs; Cass and Lancaster, William Reed, E. W. Barnum, W. R. Davis, Louden Mullen, W. Gilmour; Sarpy, James Davidson, Amos Gates, William Cleburne, Douglas, John I. Reddick, S. A. Lowe, J. T. Griffin, Merrill H. Clark, Henry Grebe, Ezra T. Millard; Washington, Giles Mead, H. W. De Puy; Dodge, M. S. Cotterell; Burt, J. R. Hide; Dakota, William T. Lockwood, Thomas Coleman; Dixon, Cedar and L'eau qui Court, Amos S. Chase.

   The officers were: H. W. De Puy, Speaker; George L. Seybolt, Chief Clerk; S. D. Bangs, Assistant Clerk; F. M. Virden, Sergeant-at-Arms; W. A. Pollock, Doorkeeper.

   The last annual message submitted by Gov. Black, which was read at the beginning of this session, shows that the Territory had, up to that date, accumulated a debt of $50,000, and he urged more economical methods of administering the government. On the 3d of June preceding, a violent storm seriously damaged the capitol building, but, as Congress was then in session, an appropriation of $5,000 was at once made, and the injury repaired. The subject of arbor culture received attention as in a previous message, and the great benefits to be derived from timber-planting were distinctly set forth. The rapidly increasing travel to the mountains called for more liberal appropriations from the federal government, and the Legislature was urged to present the matter to Congress in a form to enlist sympathetic action. The cloud of war which was then gathering over the nation was already too portentous to permit silence on the part of Nebraska. Gov. Black prayed that nothing might be done to make the present more gloomy and the future hopeless.

   It is fitting to enter here a tribute to one of the ablest men who have graced the Supreme Bench and Executive Chair of Nebraska:

   Samuel W. Black, fourth Governor of the Territory of Nebraska, Associate Justice of the Supreme Court of the Territory, and Colonel of the Sixty-second Regiment of Pennsylvania Volunteers, was born at Pittsburgh, Penn., in 1818; son of Rev. John Black, D. D., one of the earliest and most distinguished of the Covenanter clergymen of that State. The son received a liberal education, and chose the law as his profession, in which he soon rose to a lucrative practice. He was effective, also, upon the stump as a political orator. He married, when very young, the daughter of Judge Irwin, of Pittsburgh, Penn., by whom he had four children. During, the Mexican war, Col. Black served as Lieutenant Colonel of the Second Pennsylvania Regiment with distinction. He was appointed Associate Justice of Nebraska Territory by President Buchanan, in 1857. May 2, 1859, after the death of Gov. Richardson, Col. Black was appointed Governor of Nebraska. In the spring of 1861, he left the West, and recruited the Sixty-second Regiment of Pennsylvania Volunteers, in which he was commissioned Colonel. The regiment was assigned to duty in Morrell's Brigade, Porter's Division, and was engaged at Hanover Court House, where the enemy was put to flight and many prisoners taken. The confederates soon began to make themselves felt on the left bank of the Chickahominy, and, on the 26th of June, 1862, fought a stubborn battle at Beaver Dam Creek. The Pennsylvania Reserves were upon the front, but the brigade to which Col. Black belonged was speedily ordered to their support., but the regiment was not engaged. In the night, the Union forces retired to Gaines' Mills, where, on the following day, the battle was renewed with great vigor. While leading a charge in the face of a terrific fire, Col. Black was killed. The brilliant career of this man on the platform, at the bar, on the bench and in the social circle, was ended by a glorious death on the field of battle. The name of Samuel W. Black is one of the most conspicuous connected with the early history of Nebraska.


   Gov. Alvin Saunders, of Mount Pleasant, Iowa, was appointed Governor of Nebraska, by President Lincoln, to succeed Gov. Black. Secretary J. Sterling Morton served as Acting Governor from the date of the departure of Gov. Black, February 24, 1861, until the arrival of Gov. Saunders, May 15, of that year.

   Hon. Algernon S. Paddock was appointed Secretary, and entered upon the discharge of his duties May 6, 1861. In his first message to the Legislature, which body convened December 2, 1861, being the eighth session, Gov. Saunders said: "A mere glance at the map of the country will convince every intelligent mind that the great Platte Valley, which passes through the heart and runs nearly the entire length of Nebraska, is to furnish the route for the great central railroad, which is to connect the Atlantic and Pacific States and Territories." The breaking-out of the rebellion in the Southern States had necessitated the levying of a tax on the people. The amount apportioned to Nebraska was $19,312, and the Governor urged the prompt raising of the sum.

   It was the destiny of these men to form the body legislative at the period of the breaking-out of a mighty rebellion. The attitude taken by them was patriotic, prompt and vigorous. In the chapter devoted to the military history will be found a copy of the resolutions adopted at that time.

   Gov. Alvin Saunders was called upon by stern duty to manifest his devotion to the cause of the Union. The first proclamation from his hand, dated May 18, 1861, is also a part of our war history.


   The roster of the eighth session is: Council--John Taffe, President; R. W. Furnas, Chief Clerk; William Lehmer, Assistant Clerk; J. W. Chapman, Sergeant-at-Arms; A. J. Warner, Doorkeeper.

   The only changes from the preceding session were: F. W. Sapp, Douglas County; C. Blanchard, Sarpy County; John McPherson, Nemaha and Johnson Counties; S. M. Kirkpatrick. Cass; Otoe and Dodge Counties.

   The House: A. D. Jones. Speaker; George L. Seybolt, Chief Clerk; J. W. Virtue. Assistant Clerk; F. C. Morrison, Sergeant-at-Arms; John Wolfue, Doorkeeper.

   The representation: Richardson, L. Allgawahr, J. S. Ewing, H. B. Porter; Nemaha, A. S. Holladay, George Crowe, William Reed, John Crothers; Pawnee, David Butler, Johnson, Clay and Gage, Nathan Blakeley; Otoe, M. W. Reynolds, J. H. Croxton, J. Closser, W. P. Birchfield, W. Buchanan, N. B. Larsh; Cass and Lancaster, S. Eikenberry, Isaac Wilds, James Chalfant, W. F. Chapin, E. W. Barnum; Sarpy, W. D. Rowles, Stephen H. Wattles, Henry T. Clarke; Douglas, James H. Seymour, Joel T. Griffin, A. D. Jones, Merrills H. Clark, Oscar F. Davis, Aaron Cohn; Washington, John S. Bowen, E. A. Allen; Dodge, E. H. Barnard; Burt, S. T. Leaming; Dakota, C. O'Connor, Barnabas Bates; Dakota, Dixon and L'eau qui Court, Daniel McLaughlin; Dixon, Cedar and L'eau qui Court, R. M. Hagaman; Platte, Green, Calhoun and Butler, John Reck; Hall and Monroe, Enos Beall.

   The ninth session of the Territorial Legislature assembled at Omaha January 7, 1864. In the Council were: T. M. Marquette, J. E. Doom, O. P. Mason, John C. Campbell, David Butler, William A. Little, John R. Porter, John McCormick, E. A. Allen, Frank Welch and A. H. Jackson, E. A. Allen was chosen President; J. W. Hollingshead, Chief Clerk; John H. Mann, Assistant Clerk; S. A. Lewis, Sergeant-at- Arms, and W. B. Dixon, Doorkeeper.

   In the House: Douglas, John Ritchie, George B. Lake, Daniel Gavitt, Joel S. Smith, B. E. B. Kennedy, Henry Grebe; Otoe, Henry A. Newman, Francis Sim, F. Renner, C. W. Seymour, W. McLennan, A. T. McCartney; Dodge, Isaac E. Heaton; Platte, John P. Becker; Dakota, Dixon and L'eau qui Court, J. O. Fisher; Dixon, Cedar and L'eau qui Court, N. S. Porter; Bart and Cuming, D. Hobbs; Washington, J. Evans, H. J. Rohwer; Richardson, Lewis Allgawahr, J. C. Lincoln, M. W. Breman; Sarpy, C. Blanchard, Amos Gates, John Whalen; Cass and Lancaster, J. W. Chapman, H. C. Pardee, D. G. Todd, R. D. Hoback, J. S. Gregory, Jr.; Pawnee, George L. Griffing; Nemaha, G. W. Fairbrother, Lorenzo Rice, C. G. Dorsey, Joseph Dash.

   The officers were: George B. Lake, Speaker; R. Streeter, Chief Clerk; ----- Walker, Assistant Clerk; T. A. Moore, Sergeant-at-Arms; ----- Tracy, Doorkeeper.

   In his annual message, Gov. Saunders described the condition of Nebraska, during the year 1863, as having been peaceful and satisfactory. "The slight interruptions and disturbances which have occurrred have been promptly settled by the civil or military authorities. *   *  The hostile Indians on our frontier have been restrained and severely punished for their savage barbarities. The remote sentiments have been maintained and defended. The population has been rapidly increasing, *   *  and almost uninterrupted peace and plenty have reigned throughout the Territory." The Governor paid a just tribute to the courage and heroic patriotism of the Nebraska Volunteers, and recommended legislation relieving the needs of the widows and orphans of those who fell in defense of national life. "A Nebraska soldier, whether called upon by his country to confront the wily savage on the frontier, or the rebel hosts in battle array, has never shrunk from duty, quailed before dangers, or turned his back on the foe." The message throughout breathed the spirit of loyalty to the cause of the Union and the humane hope that the horrors of war might soon cease in the land.

   During the session of Congress, 1862-63, a bill was introduced, late in the session, authorizing the Territories of Nebraska, Colorado and Nevada to take the preliminary steps toward admission into the Union as States. This measure did not reach final action during the life of that session.

   The Proclamation of Emancipation, issued by President Lincoln, January 1, 1863, was approved by the Ninth Legislature. The resolution reads:

   Resolved, That we heartily indorse the general policy of the Administration, and especially the President's Proclamation of Emancipation, and the arming of the negroes, measures imperatively demanded to aid in the suppression of the rebellion, and which have been wisely followed by the President's Amnesty Proclamation, a paper, statesmanlike in its views and humane in its provisions, and which creates in those portions of our land so terribly cursed and devastated with rebellion, a nucleus around which the true and loyal may speedily rally to bring back to allegiance their native States, free from the taint of treason and of slavery, and a sure guarantee of a lasting peace and the harbinger of that day when our beloved country shall become a monument of universal liberty, a nation without a traitor and without a slave.

   The tenth session of the Territorial Legislature convened at Omaha January 5, 1865. The Council was divided into districts for the first time. First, Thomas L. Griffey--Dakota, Dixon, Cedar and L'eau qui Court; Second, Edwin A. Allen--Washington, Burt, Cuming; Third, John R. Porter and B. E. B. Kennedy--Douglas; Fourth, C. Blanchard--Sarpy, Dodge; Fifth, Isaac Albertson--Platte, Monroe, Merrick, Hall, Buffalo, Kearney, Lincoln; Sixth, J. W. Chapman--Cass; Seventh, J. G. Miller--Cass, Lancaster, Seline, Seward; Eighth, O. P. Mason and John B. Bennet--Otoe; Ninth, Andrew S. Holladay--Nemaha; Tenth, Oliver P. Bayne--Richardson; Eleventh, J. N. McCasland--Pawnee, Gage, Johnson, Clay, Jones.

   The officers were: O. P. Mason, President; John S. Bowen, Chief Clerk; W. W. Morgan, Assistant Clerk; Samuel Gamble, Sergeant-at-Arms; Charles Bryan, Doorkeeper.

   The House was composed:--Richardson, Oliver W. Dunning, F. A. Tisdel, Charles F. Walther, E. H. Johnson; Pawnee, John Briggs; Nemaha, William B. Phillips, George Crowe, J. W. Taylor, Samuel Petit; Otoe, Mason Crouch, R. Hedges, John Beuter, George P. West; Cass, S. M. Kirkpatrick, Samuel Maxwell, J. T. A. Hoover, J. Mc. F. Hagood; Johnson, Milo K. Cody; Lancaster, Seward and Saunders, William Imlay; Sarpy, Amos Gates, Martin Langdon; Douglas, E. L. Emry, A. J. Critchfield, Charles M. Conover, Charles H. Browne, James W. Pickard; Dodge, W. H. Ely; Platte, Guy C. Barnum; Washington, W. N. McCandlish, H. M. Hitchcock; Dakota, John Hefferman; Dakota, Dixon, Cedar and L'eau qui Court, Nathan S. Porter; Dakota, Cedar and L'eau qui Court, G. A. Hall; Gage and Jones, H. H. Reynolds; Saline, Butler; Kearney and Lincoln, A. C. Leighton; Lancaster, John Cadman; Burt and Cuming, John D. Neleigh.

   The officers were: S. M. Kirkpatrick, Speaker; John Taffe, Chief Clerk; Walter C. Heydon, Assistant Clerk; Anson Rising, Sergeant-at-Arms; Mitchell Fleming, Doorkeeper.

   When Gov. Saunders entered upon the discharge of his duties, in 1861, he expressed his intention of holding the office only one term. His official acts were in no way suggestive of a desire to conciliate favor at the expense of sterner duties, and he adhered to his original purpose throughout the four years of his term. The people, however, were not inclined to relinquish the services of so efficient an Executive. On the 10th of February, 1865, joint resolutions were approved, recommending that the President of the United States re-appoint Gov. Saunders and Secretary Algernon S. Paddock to their respective offices upon the expiration of their terms.

   The eleventh session of the Territorial Legislature met at Omaha, January 4, 1866. The Council was: T. L. Griffey, E. A. Allen, B. E. B. Kennedy, J. R. Porter, J. Albertson, J. S. Miller, J. W. Chapman, John Bennet, O. P. Mason, A. S. Holladay, O. P. Bayne, J. N. McCasland.

   The officers were: O. P. Mason, President; W. E. Harvey, Chief Clerk; William W. Watson, Assistant Clerk; Charles Ulry, Doorkeeper.

   The House: Richardson, L. Crounse, William Parchen, J. D. Ramsey, John Jay Hart; Pawnee, John R. Butler; Nemaha, W. B. Phelps, John Green, W. A. Pollock; Otoe, John H. Maxon, James Thorn, M. S. Campbell, Albert Tuxburv, James A. Gilmore; Cass, Joseph Arnold. W. F. Chapin, Samuel Maxwell, Benjamin Austin; Johnson, James Robinson; Lancaster, John Cadman; Clay, Lancaster, Seward and Saunders, Marcus Brush; Sarpy, T. H. Robertson, N. P. Lefler; Douglas, G. B. Luke, J. W. Paddock, C. H. Brown, Fred Drexed, J. G. Megeath; Dodge, J. G. Smith; Platte, G. C. Barnum; Washington, E. H. Clark, Charles Eisley; Dakota, Cornelius O'Connor; Dakota, Cedar, Dixon and L'eau qui Court, R. H. Wilbur; Dakota. Cedar and L'eau qui Court, L. E. Jones.

   The officers were: James G. Megeath, Speaker; George May, Chief Clerk; E. S. Towle, Assistant Clerk; Chester Lusk, Sergeant-at-Arms; Dennis Dugan, Doorkeeper.

   The preceding year had witnessed the close of the rebellion and the return of national peace; but the Indian war upon the western borders of Nebraska still continued when this Legislature met. During the year 1865, the savages, emboldened by temporary successes, had grown exceedingly reckless in their assaults upon settlers and upon the overland stages and telegraph lines. Outrages of the most atrocious character had been repeatedly perpetrated. It had become necessary to call on Congress for more stringent action for the suppression of this form of lawlessness.

   This year (1866) the laws of the Territory were revised, arranged and issued in the form of revised statutes, the immense labor being completed in time for presentation early in the session and approved February 12, 1866. The new laws went into effect July 1.

   That mighty undertaking, the Union Pacific Railroad, was so far in hand that, with the beginning of 1866, fifty-five miles were completed west of Omaha. As this subject receives detailed attention elsewhere, further allusion in this place need not be made to the work.


   On the 19th of April, 1864, an act by Congress was approved by the President and became a law enabling the people of Nebraska to form a State constitution and government. But the continuance of the war, and the consequent disturbance of national affairs, united with the partial suspension of emigration to the West, and the Indian troubles on the frontier, united in rendering this permission undesirable. The Territory had been drained of many men and much treasure in its generous assistance of the Government during the years of its struggle for existence. With the return of peace and the suppression of border outlawry, however, came an awakening consciousness of the value of State institutions. The people once more turned their attention to the subject, and revived an interest in the Enabling Act. That primary document read thus:


   [Passed April 19, 1864.]

   Be it enacted by the Senate and House of Representatives of the United States in Congress Assembled. That the inhabitants of that portion of the Territory of Nebraska included in the boundaries hereinafter designated, be, and they are hereby, authorized to form for themselves a constitution and State Government, with the name aforesaid, which State, when so formed, shall be admitted into the Union as hereinafter provided.

   SEC. 2. And be it further enacted, That the said State of Nebraska shall consist of all the territory included with the following boundaries, to wit: Commencing at a point formed by the intersection of the western boundary of the State of Missouri with the 40th degree of north latitude; extending thence due west along said 40th degree of north latitude to a point formed by its intersection with the 25th degree of longitude west from Washington; thence north along said 25th degree of longitude to a point formed by its intersection with the 41st degree of north latitude; thence west along said 41st degree of north latitude to a point formed by its intersection with the 27th degree of longitude west from Washington; thence north along said 27th degree of north longitude to a point formed by its intersection with the 43d degree of north latitude; thence east along said 43d degree of north latitude to the Reya Paha River: thence down the middle of the channel of said river, with its meandering, to its junction with the Niobrara River; thence down the middle of the channel of the said Niobrara River, and following the meanderings thereof, to its junction with the Missouri River; thence down the middle of the channel of said Missouri River, and following the meanderings thereof, to the place of beginning.

   SEC. 3. And be it further enacted, That all persons qualified by law to vote for Representatives to the General Assembly of said Territory shall be qualified to be elected, and they are hereby authorized to vote for and choose Representatives to form a convention, under such rules and regulations as the Governor of said Territory may prescribe. and also to vote upon the acceptance of rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; and if any of said citizens are enlisted in the army of the United States, and are still within said Territory, they shall be permitted to vote at their place of rendezvous; and if they are absent from said Territory, by reason of their enlistment in the army of the United States, they shall be permitted to vote at their place of service, under the rules and regulations in each case to be prescribed as aforesaid; and the aforesaid Representatives to form the aforesaid convention shall be apportioned among the several counties in said Territory in proportion to the population as near as may be, and said apportionment shall be made for said Territory by the Governor, United States District Attorney and Chief Justice thereof, or any two of them. And the Governor of said Territory shall, by proclamation, on or before the first Monday of May next, order an election of the Representatives aforesaid, to be held on the first Monday in June thereafter throughout the Territory; and such erection shall be conducted in the same manner as is prescribed by the laws of said Territory regulating elections therein for members of the House of Representatives; and the number of members to said convention shall be the same as now constitute both branches of the Legislature of the aforesaid Territory.

   SEC. 4. And be it further enacted, That the members of the convention thus elected shall meet at the capital of said Territory on the first Monday in July next, and, after organization, shall declare, on behalf of the people of said Territory, that they adopt the Constitution of the United States; whereupon the said convention shall be, and is hereby, authorized to form a constitution and State Government; Provided, That the constitution, when formed, shall be republican, and not repugnant to the Constitution of the United States and the principles of the Declaration of Independence; And provided further, That said constitution shall provide, by an article forever irrevocable, without the consent of the Congress of the United States: First. That slavery or involuntary servitude shall be forever prohibited in said State.

   Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship.

   Third. That the people inhabiting said Territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said Territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that the lands belonging to citizens of the United States residing without the said State shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said State on lands or property therein belonging to or which may hereafter be purchased by the United States.

   SEC. 5. And be it further enacted, That, in case a constitution and State government shall be formed for the people of said Territory of Nebraska, in compliance with the provisions of this act, that said convention forming the same shall provide by ordinance for submitting to the people of said State for their ratification or rejection, at an election to be held on the second Tuesday of October, 1864, at such places and under such regulations as may be prescribed therein, at which election the qualified voters, as hereinbefore provided, shall vote directly for or against the proposed constitution, and the returns of such election shall be made to the Acting Governor of the Territory, who, together with the United States District Attorney and Chief Justice of the said Territory or any two of them, shall canvass the same, and if a majority of the legal votes shall be cast for said constitution in said proposed State, the said Acting Governor shall certify the same to the President of the United States, together with a copy of the said constitution and ordinances, whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the State admitted into the Union on an equal footing with the original States, without any further action whatever on the part of Congress.

   SEC. 6. And be it further enacted, That, until the next general census shall be taken, said State of Nebraska shall be entitled to one Representative in the House of Representatives of the United States, which Representative, together with the Governor and State and other officers provided for in said constitution, may be elected on the same day a vote is taken for or against the proposed constitution and State government.

   SEC. 7. And be it further enacted. That sections Number 16 and 36 in every township, and when such sections have been sold or otherwise disposed of by any act of Congress, other lands, equivalent thereto, in legal subdivisions of not less than one quarter-section, and as contiguous as may be, shall be, and are hereby, granted to said State for the support of common schools.

   SEC. 8. And be it further enacted, That, provided the State of Nebraska shall be admitted into the Union in accordance with the foregoing provisions of this act, that twenty entire sections of the unappropriated public lands within said State, to be selected and located by direction of the Legislature thereof, on or before the 1st day of January, Anno Domini 1868, shall be and they are hereby granted, in legal subdivisions of not less than 160 acres, to said State, for the purpose of erecting public buildings at the capital of said State for legislative and judicial purposes, in such manner as the Legislature shall prescribe.

   SEC. 9. And be it further enacted, That fifty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said State for the purpose of erecting a suitable building for a penitentiary or State prison in the manner aforesaid.

   SEC. 10. And be it further enacted, That seventy-two other sections of land shall be set apart and reserved for the use and support of a State university, to be selected in manner as aforesaid, and to be appropriated and applied as the Legislature of said State may prescribe for the purpose named, and for no other purpose.

   SEC. 11. And be it further enacted, That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the said land to be selected by the Governor thereof, within one year after the admission of the State, and, when so selected, to be used or disposed of on such terms, conditions and regulations as the Legislature shall direct: Provided, That no salt spring or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall, by this act, be granted to said State.

   SEC. 12. And be it further enacted, That 5 per centum of the proceeds of the sales of all public lands lying within said State, which have been or shall be sold by the United States prior or subsequent to the admission of said State into the Union, after deducting all expenses incident to the same, shall be paid to the said State for the support of the common schools.

   SEC. 13. And be it further enacted, That from and after the admission of said State of Nebraska into the Union in pursuance of this act, the laws of the United States not locally inapplicable shall have the same force and effect within the said State as elsewhere within the United States; and said State shall constitute one judicial district, and be called the District of Nebraska.

   SEC. 14. And be it further enacted, That any unexpended balance of the appropriations for said Territorial legislative expenses of Nebraska remaining for the fiscal years 1863 and 1864, or so much thereof as may be necessary, shall be applied to and used for defraying the expenses of said convention and for the payment of the members thereof, under the same rules, regulations and rates as are now provided by law for the payment of the Territorial Legislature.
   Approved April 19, 1864.

Top of Page    First Page    Back    Next

Contents    County Index