etc. But which had accumulated for many centuries. as soon as one state had excellent laws, it was an easy matter for another state to adopt them. This adoption of statutes has prevailed to a large extent in the western states, where the laws of New York, Pennsylvania, Ohio, and Michigan have repeatedly been copied. Part of the Iowa laws thus brought into Nebraska defines crimes and their punishment, and part of them regulates civil processes, such as the manner of bringing suits, The former is called a criminal code and the latter a code of civil procedure. The territorial legislature at its third session foolishly repealed both these and left no others in place of them. Governor Cuming told the fourth OF THE legislature that the laws were "limited, LAWS confused, and contradictory", and that careful legislation was necessary. The question of the removal of the capitol was uppermost in the minds of the representatives, and adjournment came without the needed laws. In the autumn of 1858, Govenor Richardson called the legislature in special session, three months before the regular time, principally to pass laws in place of those that had been repealed. Many of the OF THE criminal laws enacted at this fifth, or spe REPEAL ACTS FIFTH SION SES- cial session, remained in force until 1873, when the criminal code of Ohio was adopted. At the same time civil laws also were passed, which were re-enacted in 1866. The earliest liquor law of Nebraska was the AN SLAV ERY most stringent. The first legislature in 1855 prohibited not only the manufacture of liquor in the Territory, but also selling, exchanging, LIQUOR and giving intoxicating drinks. In 1858 LAW this was modified by a license law. Slavery in Nebraska and Kansas is of special interest. In Kansas was fought the real battle of the frontier, between the slavery and anti-slavery factions, and one can appreciate the victory only by reading the history of that time. Nebraska Territory knew little of the conflict because slave labor was unprofitable so far north. Yet there were some slaves even in the small settlements here, for the territorial officers who came from the Southern States brought slaves with them. Opinions on both sides of the question are found in the Journals of the legislature. There were attempts to make it unlawful for a free negro to settle in the Territory, and bills were introduced to prevent slavery altogether within the limits of Nebraska. The history of the Territory is closely connected with the subject of abolition, in the career of John Brown, who spent much time in the southeastern counties just before the war, helping fugitive slaves to BROWN escape from Kansas by his so-called "underground railway". This was a special route, of which Falls City was the first station in the Territory, and Nebraska City or Brownville the second, where runaway slaves crossed the river on their way to Canada. By this means many a negro sought and gained his freedom. JOHN The Federal Government paid the salaries of the governor, secretary, judges, and members of the legislature, while the attorney-general and marshal received only fees. For this FINANCES reason, the expenses of the territory were comparatively light. It seems that the lands reserved for school purposes could not be used during the territorial period.' This threw the expense of establishing a school system upon the people, which with other matters of expenditure caused a small debt to accumulate. REV- It is DEBT easiest for a city or state to raise money by issuing bonds bearing interest for a number of years. The territory did this, but the debt incurred was never large. Resources were usually larger than liabilities in the accounts of the treasurer and auditor. The laws of the Territory concerning taxation were poor, so that LAWS money came into the treasury slowly. Governor Cuming spoke of the revenue laws in his message to the fourth legislature, as "inapplicable and almost inoperative.". Of course the taxes increased with the growth of population. The financial reports show that all the money paid in 1856 came from three counties and amounted to $1,236.00. The annual revenues for ten years, beginning with 1856, averaged over $10,Does a 000.00. In 1865 the annual taxes had What Territo ernment rial Gov reached nearly $54,000.00. This may be Cost? said to be what it cost the people directly 1 Governor's Message, 9th session. to carry on the territorial government. There are many other things, however, that should be added to this to find the real cost, such as the fees received by the attorney and marshal. There may also be added to the territorial expenses paid by the people the annual appropriation by the Federal Government of about $17,000.00 for salaries, and large amounts for improvements. Among the latter was an item of $50,000.00, granted for a road between Omaha and Kearney. When a movement was started to form a state government, opponents argued that a territory costs less than a state. In the case of a country like Nebraska, into which the tide of population was fairly rushing, the expenses of the territory and of the state which follows are not to be compared. THE Life in the Territory of Nebraska was not without its exciting political quarrels. The most bitter fights in politics are over the location of county seats and state capitals, and this was sadly true here. The death of Governor Burt, who intended to make Bellevue the capital, gave the acting governor an opportunity to deFIGHT cide upon Omaha instead. Intense feeling was aroused at once. From this time on the Territory never lacked sites for the capital. pull was both north and south, to Florence, Plattsmouth, Nebraska City, and the interior of the country. In 1855, 1857, 1858, and 1867, the strife between the North and South Platte regions was mentioned with regret by the governors The in their messages to the legislature. One gov ernor argued that a bridge across the Platte would tend to allay the feeling. At the fourth session, part of the legislature actually withdrew to Florence, north of Omaha, but the move was unsuccessful. A bill had been introduced into the previous legislature, 1857, concerning a removal of the capital from Omaha to a town by the name of Douglas, Lancaster County, which existed only on paper. A writer who took part in the politics of that time says that the apportionment of members for the first legislature was made in such a way that the members would sustain Governor Cuming's decision, when the question of the location of the capital came before them.1 1 The wonderful settlement of the western country is naturally a subject of inquiry. What led people westward in such numbers? The discovery of gold in California late in the forties first induced people to turn their faces toward the Pacific. Five or six years after this, the KansasNebraska bill by its prominence advertised the Great Plains, and in 1859 gold was discovered at Pike's Peak. The effect of this discovery, RAPIDI coming during hard times, was probably EXTENT much greater than it otherwise would have TLE- been. The exceptional advantages offered to all classes by a new country accounts CAUSES, TY, AND OF SET MENTS 1 J. S. Morton, in State Hist. Soc. Pub., III., 103. A comparison of each apportionment and the political majorities of the counties in each district afford room for special study. See Fiske, Civil Government, 216. |