Nebraska Territorial Legislature Explained

Nebraska Territorial Legislature
Legislature:Nebraska Territory
House Type:Bicameral
Houses:Lower: House of Representatives
Upper: Council
Members:39 (13 Council; 26 House; 18541858)
52 (13 Council; 39 House; 18581867)
Meeting Place:Omaha City
Established:January 16, 1855
Disbanded:February 18, 1867
Succeeded By:Nebraska Legislature
Leader1 Type:House
Leader1:Speaker of the House of Representatives
Leader2 Type:Council
Leader2:President of the Council

The Nebraska Territorial Legislature was held from January 16, 1855, until February 18, 1867, in Omaha City, Nebraska Territory.

Major issues

Slavery

See main article: History of slavery in Nebraska. In 1854 the Kansas–Nebraska Act created the Nebraska Territory, overturning the Missouri Compromise by allowing legislatures of the Nebraska and Kansas territories to determine whether to permit or abolish slavery. Slavery was a contentious issue for the territorial legislature between the creation of the Territory in 1854 and the outbreak of the American Civil War in 1861.[1] [2]

State capitol

See main article: Nebraska State Capitol.

After serving as the territorial capital for ten years, Omaha City wanted to be the capital of the new state. In 1854 land speculators formed the Omaha Claim Club as part of a scheme to persuade territory legislators to keep the capital in Omaha. Their aggressive efforts to secure land to give away to legislators led to the platting of Scriptown. However, their bid failed, and in 1865 the state capitol moved to Lincoln.

Sessions

1855

See main article: First Nebraska Territorial Legislature.

The new legislature immediately passed the Free Public School Act of 1855, which created free public schools for children across the territory. Positions for a territorial superintendent and county school superintendents to be elected by popular vote were also created. County superintendents were supposed to organize school districts and levy property taxes to support schools; however, not every locale levied the taxes or built schools.[3]

The first incorporated city in Nebraska, Nebraska City, was granted its charter by a special act in 1855.[4] In 1855, the Omaha Claim Club imposed their will on the territorial legislature, forcing the passage of a territorial law granting 320acres per settler, they doubled the federally imposed limit of 160acres.[5]

1856

In January 1856, the territorial legislature chartered the Bank of Florence, which failed three years later.[6]

1857

On February 11 the territorial legislature gave permission to a group of citizens to found the University of Nebraska at Saratoga, Nebraska. However, when they did not complete the task of meeting in Saratoga and establishing a campus within one year they lost their permission to charter.[7]

1858

In January, 1858 a group of representatives illegally moved the territorial legislature to Florence following a violent outburst at the capitol building. After repeatedly being dogged out of voting on the removal of the capital from Omaha, a skirmish pitted representatives from Nebraska City, Florence, and other communities to convene outside of Omaha. Despite having a majority of members present for the vote to remove the capital and all agreeing, the "Florence Legislature" did not succeed in swaying the Nebraska Territory governor. The capital remained at Omaha until 1867 when Nebraska gained statehood.[8]

1860

In early 1860 the territorial legislature authorized a special election to consider forming a state constitution, which did not pass.[9]

1864

The territorial legislature had a variety of powers, including granting every incorporated town or city its charter, which lasted through the 1864 session, when the first general incorporation act was passed and signed by the governor.[10]

1866

Six years later, on January 9, 1866 the territorial Governor Alvin Saunders urged the Legislature to consider statehood.[11]

Municipal incorporations

The territorial legislature had the sole power of incorporating every municipality throughout the territory until 1864. A number of incorporations existed only on paper and were never actually settled. In 1864, the first general incorporation act was passed by the legislature and signed by the governor which allowed county commissioners to incorporate towns.[12]

Date of charterNameCountyNotes
March 2, 1857Nebraska CityOtoe
March 5, 1857BellevueSarpyThen part of Douglas
March 7, 1857De SotoWashington
March 10, 1857FlorenceDouglas
March 14, 1857Blackbird CityBurt
March 14, 1857BrownvilleNemaha
March 14, 1857ChesterLancaster
March 14, 1857ElizabethDodge and Loup
March 14, 1857FontenelleWashington
March 14, 1857PlattsmouthCass
March 14, 1857TekemahBurt
March 15, 1855CarlisleGreeneGreene County became Seward
March 15, 1855WyomingOtoe
March 15, 1855LawrenceYork
March 16, 1855JalapeDodge
March 16, 1855Kearney CityOtoeMerged with Nebraska City
March 16, 1855Margaritta sicLancaster
January 22, 1856Elkhorn CityDouglas
January 22, 1856KenoshaCass
January 22, 1856Nemaha CityNemaha
January 25, 1856ArcherRichardson
January 25, 1856AskatopeOtoe
January 25, 1856La Platte, NebraskaSarpyThen in Douglas County
January 25, 1856WyomingOtoe
January 26, 1856DecaturBurt
January 26, 1856Rock BluffsCass
January 26, 1856South Nebraska CityOtoe
February 2, 1857Omaha CityDodge
February 10, 1857Cuming CityWashington
February 10, 1857SalemRichardson
February 10, 1857WatervilleCass
February 10, 1857Woodsville CityCass
February 11, 1857CassvilleDakota
February 11, 1857LemanGage
February 13, 1857AddisonKnox
February 13, 1857BleyburgDakota
February 13, 1857BradfordCass
February 13, 1857Bow CityDixon
February 13, 1857California CityOtoe
February 13, 1857DaytonClay
February 13, 1857Dewit sicCuming
February 13, 1857Delaware CityOtoe
February 13, 1857Iron BluffsSarpyOriginally located in Douglas
February 13, 1857JacksonvillePawnee
February 13, 1857La LoupLoup
February 13, 1857LoganWashington
February 13, 1857LouisvilleCass
February 13, 1857MariettaOtoe
February 13, 1857Papillion City, NebraskaSarpyOriginally in Douglas
February 13, 1857St. JohnDakota
February 13, 1857Spring Grove CityOtoe
December 31, 1857Nebraska CityOtoeConsolidated Nebraska City, South Nebraska City, and Kearney City
December 31, 1857OmadiDakota
December 31, 1857GreggsportOtoe
January 5, 1858North Rock BluffsCass
January 6, 1858MonroeMonroeMonroe County was merged with Platte County
October 2, 1858ColumbusPlatte
October 19, 1858North BendDixon
October 19, 1858WacapanaCedar
October 20, 1858St. HelenaCedar
October 21, 1858DakotaDakota
October 28, 1858BeatriceGage
October 28, 1858West PointCuming
November 1, 1858RuloRichardson
November 2, 1858Fremont
November 3, 1858Rock Bluffs CityCass
November 3, 1858St. StephenRichardson
November 4, 1858Bon Homme CityKnox
November 4, 1858Fort CalhounWashington
November 4, 1858Mahala CityButler
November 4, 1858ParkersburgMonroeMonroe was merged with Platte
November 4, 1858Pawnee CityPawnee
January 4, 1860Kearney CityKearney
January 4, 1860Table RockPawnee
January 10, 1860AragoRichardson
January 13, 1860DixonDixon
January 13, 1860Falls CityRichardson
January 13, 1860PeruNemaha

External links

Bibliography

Notes and References

  1. [Works Progress Administration]
  2. Bristow, D. (2002) A Dirty, Wicked Town: Tale of 19th Century Omaha. Caxton Press.
  3. http://www.nebraskastudies.org/0500/stories/0501_0207.html "Pioneer Children: School"
  4. (1912) Bulletin. Issues 2. Nebraska State Legislature. p. 7.
  5. Morton, J. and Watkins, A. (1918) "Nebraska Claim Meeting," History of Nebraska from the Earliest Explorations of the Trans-Mississippi Region. Lincoln, NE: Western Publishing and Engraving Company. p. 188. Retrieved 7/15/07.
  6. http://www.kmtv.com/Global/story.asp?S=11747270 "Today in Nebraska History"
  7. (1857) "An Act to incorporate the University of Nebraska at Saratoga, Nebraska City." Laws, joint resolutions, and memorials passed at the regular session of the General Assembly of the Territory of Nebraska. p. 215.
  8. Bristow, D. (1997) A Dirty, Wicked Town: Tale of 19th Century Omaha. Caxton Press.
  9. http://www.kmtv.com/Global/story.asp?S=11747270 "Today in Nebraska History"
  10. (1912) Bulletin. Issues 2. Nebraska State Legislature. p. 7.
  11. http://www.kmtv.com/Global/story.asp?S=11747270 "Today in Nebraska History"
  12. (1912) Bulletin. Issues 2. Nebraska State Legislature. p. 7.