few United States volunteers within reach did their duty nobly. The Nebraska first, rendered illustrious by so many brilliant achievements in the south, and the second Nebraska veteran cavalry, promptly responding to the call of the executive, moved at once to the post of danger; and the militia, with equal alacrity, hastened to the relief of their brethren on the more exposed frontier and the emigrants upon the plains. These efforts were crowned with substantial success. The feeble settlements were protected from the impending danger, the Indians, with very few exceptions, were driven from our border, and the various lines of communication between. the Missouri river and the mountains and mining districts of the West were again opened to the traveler and emigrant. It is to be regretted that these savages were not more severely punished so as to effectually deter them from a repetition of their barbarities in the future."'1

The statement of territorial finances in the message shows a slight decrease of the debt, but, owing to the chronic and considerable delinquency of the counties a formidable part of the resources still consists of past due taxes. The message forcibly urged the passage of a general herd law; but while such a measure

stead special herd laws, applying to such counties as desired them, were enacted. The message states the condition and prospects of railway building at that time as follows:

"It will be gratifying to you and the people of the territory to know that the work on the great Union Pacific railroad, which is to pass through the entire length of Nebraska, is progressing at a very commendable rate. The work of grading, bridging, and preparing the ties is progressing much more rapidly than had been anticipated by our most

was pushed hard in the legislature, the pastoral sentiment of the people was still so dominant that it failed of passage, though in its

'Council Journal, 10th Ter. Sess., pp. 12, 13. Ibid., p. 17.

Phineas Warrener Hitchcock was born in New Lebanon, N. Y., Nov. 30, 1831, and was the descendant of New England stock. After a common school education he attended Williams college, where he graduated in 1855. For two years he remained in New York state, part of the time as reporter on a paper in central New York and part of the time engaged in the practice of law. Shortly after being admitted to the bar, however, he turned his eyes westward, and joining the army of ambitious men sought a home in the trans-Mississippi country and

"During your last

feel fully authorized to say that unless some unforeseen misfortune attends this great enterprise more than fifty miles of road westward from Omaha will be in readiness for the cars before your next annual meeting. Another

line of railroad, which is designed to connect with this route within the limits of our territory, has recently been surveyed on the south side of the Platte river. This line is designed to be an extension of the Burlington and Missouri River Railroad, and from the favorable reports made by the engineers there can scarcely be a doubt that work will soon be commenced on that line also."'2

The governor reopened the question of state government thus:

session a joint resolution was passed, asking congress to pass an act to enable the people of Nebraska to form a consettled in Omaha, Neb., in 1857. The town was then little more than a village, reached by stage, or by steamboat up the Missouri river from St. Louis. On Dec. 27, 1858, he married Annie Monell, the daughter of Dr. Gilbert C. Monell, one of the pioneers of the state, also a New Yorker. He took up the practice of law and much business incidental to a lawyer's practice. He soon entered politics, and in the year 1860 was elected a member of the national Republican convention which nominated Abraham Lincoln for president. In the following year he was appointed by the president marshal for the territory of Nebraska, and he later held the office of surveyor

stitution preparatory to an early admission into the union as one of the independent states. Congress passed the act, but it was done near the close of the session, and there was scarcely time enough allowed between. the date of the reception of the bill in the territory and the election of the members of the convention for the people to learn of its passage certainly not enough to enable them to consider thoroughly and dispassionately the principles of the bill or the terms on which it was proposed to admit the territory into the family of states. Under these circumstances, a large majority of the people decided that the members of the convention should adjourn without forming or submitting any constitution whatever. This deci

sion of the people, under the circumstances, was just what might have been anticipated. It, however, is no proof that when convinced that liberal terms are proposed by the general government they would not readily consent to take their place in the great family of

states."

It is further stated that the strongest argument against a state government was that "we ought not to tax ourselves for anything which the general government is willing to pay," and this argument is disapproved on the ground that the general government's resources were taxed to the utmost on account of the war expenses.

But Morton, whose sense of humor and scent for satire bubbles over in these early days, sees comedy, chiefly, in this ostensibly sober state paper:

"The News judges from its appearance that the impression was taken on type 21 years of age and coal tar used instead of general in the territory. In the year 1864 he was elected as a delegate of Nebraska territory in Congress. In 1871, after a fierce political struggle, he was elected to the United States Senate, where he served for six years. At the expiration of his term in the year 1877, after a most bitter controversy, he was beaten in the election by a narrow margin, and from then until the time of his death, July 10, 1881, he devoted himself to business affairs. During the time he participated in politics he was one of the influential republicans of the state, whether as a holder of office himself or merely as a leader of his party. His domestic life was a most happy and contented one until it was interrupted by the death of his wife in 1877 and further marred by the death of his daughter Grace in 1880. When he died, July 10, 1881, he left two sons, Gilbert M. Hitchcock, who still survives him, and John Gray Hitchcock, who died a few years afterwards. While in Congress, Mr. Hitchcock was the author of a number

printing ink, the paper of the texture and appearance of a superannuated shirt-tail. The printers have done ample justice to the matter printed, and the matter printed is in most perfect accord with the style of its printing. The next extra good thing is

on 'the freedmen of the war!' Alvin desires the people of Nebraska to find suitable employment for said sable citizens, and the people unanimously agree that the aforesaid charcoal images of God may be suitably employed boarding round among the abolition officials of Nebraska. In short the nigger is the biggest and whitest thing in the message." The governor had seriously suggested in the message that the legislature should undertake to find employment for slaves recently set free.

The auditor (and school commissioner) gives in his report an account of the first leasing of the school lands of the commonwealth:

"Under instructions from this office, the clerk of Sarpy county, during last year, leased a number of tracts of lands, and will probably realize, when all collected, near $200.00 for the one year. I have had numerous applications for leases of these lands, and could I have a general law, under which the rents could be promptly collected, I have no doubt that several thousand dollars could be obtained annually from that source.""

The legislature at this session authorized the issue of bonds to an amount not exceeding $36,000 to provide payment of the militia called out by the governor's proclamation of April 11, 1864, on account of the Indian uprising; authorized the governor to arrange with the state of Iowa for the care of the insane of the territory; amended the militia of measures passed for the benefit of the West, among them being the timber culture act and the act admitting Colorado to statehood. He was a man of exemplary personal habits and of domestic tastes, possessed of keen perceptive faculties, of liberal education, and many of the qualities for leadership among men. He was a man of deep sensibilities and strong personal feelings, both in his friendships and antagonisms. His political success was due very largely to the enthusiasm and earnestness of his political friends and supporters. As a speaker and as a writer he was effective and influential. He took an active part in all matters in which the city and state of his adoption were interested. For a number of years he was one of the chief owners of the Omaha Republican, and a frequent contributor to its editorial columns. He died at the age of fortynine years from appendicitis.

Council Journal, 10th Ter. Sess., p. 18. 2 Ibid., p. 27.

law, but still required all able-bodied men between the ages of eighteen and forty-five to be enrolled; provided for the election of the auditor and treasurer biennially, instead of annually, after the year 1866; disconnected Buffalo, Hall, and Merrick counties from Platte county, and allowed them one member of the house of representatives; attached Saunders county to Cass for judicial, election, and revenue purposes; legalized the organization of Jones county and declared its organization complete; attached all that part of Polk county north of the Platte river and west of the Loup Fork river permanently to Platte county; and adopted memorials to Congress for an appropriation to pay the expense of the Indian war, and for the building of a hospital for the insane. The legislature also graciously responded to the coyly expressed hint of the message that a recommendation for the reappointment of the governor would not be offensive, and threw in a similar request on behalf of the secretary. This action, tending toward harmonizing and building up the Republican party, was and is characteristic of the solidarity of that organization, and was in sharp contrast to the constant and bitter strife between the leaders of the Democratic party through all the territorial days.

In July, 1866, Congress appropriated $45,000 to be applied in reimbursement of expenditures "for the pay, equipment, and maintenance of territorial troops in the suppression of Indian hostilities and protection of the lives and property of citizens of the United States," in the year 1864. The allowance for

'United States Statutes at Large, vol. 14, p. 307. Governor's message, Jan. 11, 1867, Council Journal, 12th Ter. Sess., p. 8.

Omaha Republican, Apr 28, 1865.

'The territorial Union (republican) convention was held at Plattsmouth, Sept. 19, 1865. Royal Buck was temporary chairman and Samuel M. Rich, temporary secretary. The committee on permanent organization were Dr. Frederick Renner, Alexander D. McAusland, Samuel M. Rich. The committee on credentials were. William H. Miller, Ezekiel A. McClure, Willett Pottenger. The officers of the permanent organization were James Sweet, president; Willett Pottenger, Alexander D. McAusland, vice-presidents; Samuel M. Rich, secretary.

The delegates to the convention were as follows: Richardson county, Oliver P. Mason, proxy; Nemaha county, Thomas W. Tipton, Samuel M. Rich;

troops was limited to the companies called out by the governor and placed under control of the general commanding the troops of the United States in the territory. The claim presented by the territory "somewhat exceeded" the amount of the appropriation. In his message of May 17, 1867, Governor Butler stated that Governor Saunders had succeeded in collecting $28,000 on this account, and in his message of January 8, 1869, he complains that the balance is still unadjusted.

Governor Saunders was reappointed in April, 1865. and served until he was superseded by David Butler, the first governor of the state, in 1867. In the same month, Judge William Kellogg, of Peoria, Illinois, was appointed chief justice of the territory in place of William Pitt Kellogg, who had been appointed collector of the port of New Orleans. His party organ gave the gentleman of Louisiana "returning board" fame the following unequivocal send-off: "W. P. Kellogg was a very pleasant gentleman for whom we always entertained a feeling of friendship, but he neglected his duties as judge by his almost uniform absence at term time. We are mistaken in the temper of the bar of this territory, and especially of this city, if they quietly submit to those things four years longer." It is said by contemporaneous citizens that the second Judge Kellogg resembled his predecessor in name chiefly, and though an acute politician was also a good judge.

The Republican territorial convention for 1865 was held at Plattsmouth, September 19. Otoe county, Frederick Renner, William H. Miller, Royal Buck. James Sweet; Cass county, Samuel Maxwell, Willett Pottenger, Ambrose C. Mayfield, John W. Marshall, Joel T. Parcel, Hiram D. Hathaway; Douglas county, Randall A. Brown, Alexander D. McAusland, Ezekiel A. McClure, Samuel A. Orchard, George R. Smith, Jesse B. Plummer, Jeremiah C. Wilcox; Johnson, Gage, Jones, and Pawnee counties, Jefferson B. Weston.

On motion of J. B. Weston, Augustus Kountze was nominated for territorial treasurer by acclamation; and on motion of George R. Smith, John Gillespie was nominated for territorial auditor, also by acclamation.

The following territorial central committee was chosen : Thomas W. Tipton, Nemaha county; Charles F. Walther, Richardson county; Oliver P. Mason, Frederick Renner, Otoe county; John W. Marshall, Nathaniel H. Murphy, Cass county;

Jefferson B. Weston1 of Gage county nominated John Gillespie, of Nemaha county and "of the Nebraska Ist" regiment, for auditor, and Thomas W. Tipton of Nemaha county nominated Augustus Kountze for treasurer, and both were chosen by acclamation. The nomination of Mr. Gillespie was the first formal recognition of the soldier element in Nebraska politics, which afterward became a settled practice of the Republican party.

Henry T. Clarke, Sarpy county; Edward B. Taylor, George R. Smith, Douglas county; Dr. Herman M. Reynolds, Gage county; John A. Unthank, Washington county; James Stott, Dakota county; John P. Becker, Platte county. Oliver P. Mason was chosen temporary chairman of the committee.

A committee consisting of Thomas W. Tipton, Oliver P. Mason, and George R. Smith reported the following resolutions, which were adopted by the convention:

"Whereas, Since the last meeting of the union party of this territory, a great party victory has been achieved in our delegate election and a period has been put to the active military power of the slave-holders' rebellion; we therefore, reaffirm that as lovers of the constitution and laws, and to preserve the union, we formed this political organization, and for the maintenance and preservation of the same we invite and solicit the active co-operation of all loyal citizens; and,

"Whereas, The policy of our martyred president was indicated and developed by the necessities of the war as it progressed, we now attest the wisdom which caused him devotedly to work and patiently to wait; and,

"Whereas, The great and arduous work of reconstruction, in the hands of his successor and congress is as new and unprecedented in this nation as was the war which preceded it; therefore,

"Resolved, That having unqualified confidence and fully endorsing the policy and patriotism of Andrew Johnson, president of the United States, we await the development of the reconstruction of the union, confidently believing that through his counsels and the legislative wisdom of the people justice will be done; the laws vindicated, and the constitution and union preserved.

"Resolved, That all the benefits accruing from the sacrifice of life and expenditures of treasure can only be secured by elevating to office the devotedly loyal and carefully excluding from office the disloyal.

"Resolved, That we are proud of the soldiers of Nebraska, who by years of patriotic toil and sacrifice have aided in sustaining the nation's life and honor, and upholding the constitution and laws; and that they are entitled to the gratitude and assistance of all lovers of the union, and to imperishable and undying honors.

"Resolved, That in the election of territorial and county officers we invite the earnest and hearty co-operation of all loyal men without regard to former party affiliations, and welcome them to our organization."

The second resolution was of typical and portentous import, for it illustrated a spirit, and foretold a practice of self-devotion in the Republican

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The Democratic territorial convention of 1865 met at Plattsmouth, September 21. The democrats of the country were now beginning to see in Andrew Johnson's patriotism-or apostasy-a ray of hope for resurrection from their self-interment of 1864, and Morton proceeded with alacrity to encourage the embarrassment which was encompassing the republicans of the territory. At the head of the committee on resolutions, composed as to the

party whose boldness and success have never been equaled in any other party organization. But in particular Tipton meant by it that he, and not Morton or Poppleton, should presently be chosen United States senator. And Tipton well understood his signal advantage over his otherwise much stronger and better equipped rivals. Tipton had officially prayed and professionally preached for the success of the northern cause--which involved the success of the Republican party-while Morton and Poppleton were temperamentally incapacitated for such advantageous devotions.

'Jefferson Burns Weston, son of Eliphaz and Elizabeth (Longfellow) Weston, was born in Bremen, Lincoln county, Me., Mar. 23, 1831. His parents were both natives of the Pine Tree state, and of English descent. Jefferson B. Weston received his early education in the country schools of his native state, supplemented by a classical course at Union college, New York, where he graduated in 1856, receiving the degree of A. B. The same year he started west, stopping first at Chicago, where he remained one year. In 1857 he came to Nebraska territory via St. Louis, passing up the Missouri river from that city to Nebraska City on the steamboat "Hannibal." On the way up the river a company was organized for the purpose of effecting a settlement in Nebraska, and a constitution and by-laws were adopted and signed by thirty-five of the three hundred passengers. From Nebraska City two exploring parties were sent out, one to the west through Otoe, Lancaster, and Seward counties, the other to the southwest to explore the territory embraced in Johnson, Gage, Jefferson, and Saline counties. Mr. Weston was a member of the committee appointed to make these investigations, and which finally decided upon the present site of Beatrice as possessing the most advantages, and especially on account of the numerous creeks in the vicinity. There the first stake was driven. Apr. 29, 1857. At this time the range lines had been established, but the section lines had not been run. Here Mr. Weston resided until his death and for many years was president of the Beatrice National bank. He was a republican in politics, and served two terms as state auditor, from Jan. 13, 1873, to Jan. 9, 1879, the first term being for four years, and was always an important factor in the affairs of the state. Mr. Weston affiliated with the Unitarian church. He was married in Beatrice, April 30, 1860, to Miss Helen Towle, eldest daughter of Albert Towle, the latter also a member of the original Beatrice colony. Four children were born to Mr. and Mrs. Weston, viz.: Ralph A., a graduate of the Nebraska state university; Elizabeth L.; Katharine, deceased, a graduate of the state university; and Herbert T. Mr. Weston died Sept. 15, 1905.