1889 HISTORY OF LINCOLN, NEBRASKA

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     (124) One of the most interesting documents of the early days is the report to the Legislature of 1869 of the Commissioners appointed to locate the State capital. As far as known, there is only one of these reports in existence to-day, it being a document of fifty pages, bearing the imprint of "St. A. D. Balcombe, State Printer, Omaha, Neb.," and also bearing the legend, "Published by Authority." Through the kindness of Hon. John Gillespie the authors of this book ore enabled to reproduce those parts of the report that are of especial interest, together with a synopsis of the other contents of the pamphlet. The document is as follows:

"To the Honorable the Senate and House of Representatives of the State of Nebraska:

     "In pursuance of the requirements of the act of the Legislature entitled, '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,' approved June 14, 1867, the Commissioners thereby appointed assembled at Nebraska City upon Thursday, June 18, 1867, and prepared for a personal examination of the district, viz.: 'The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine,' within which a selection was to be made for the contemplated seat of the State Government.

     "Having provided an outfit, and employing Mr. Aug. F. Harvey as surveyor, to ascertain the lines of the proposed sites, we left Nebraska City on the afternoon of the 18th day of July, and arrived at Lancaster, in Lancaster county, on the evening of the 19th. The (125) 20th and 22d were occupied in a full examination of the town sites of Saline City, or 'Yankee Hill,' as it is more familiarly known, and Lancaster, the adjacent, lands on both sides of Salt creek, and the stone quarries from two to eight miles south of the village.

     On the twenty-third of July the Commissioners went down the valley of Salt creek, examining on the way a very beautiful and level plateau about six miles from Lancaster, and near Stevens creek, on the east side of Salt. Another site on the west side of Salt, on an elevated table near Rock creek, was shown us by parties living in the neighborhood, and who guided us on an examining trip around its lines.

     "The 23d was spent in reviewing the townsite proposed on the high land west of and adjacent to the village of Ashland, in the southeast corner of Saunders county. The surface of this site declined gently to the north and east, sufficiently for thorough drainage, and is of such evenness that but little expense will ever be involved for grading. From any part of it a widely extended panorama is spread, embracing, as it rises, many square miles in the valley of the Platte and Salt creek. Timber is abundant, and inexhaustible quarries of fine rock outcrop along the bluffs near the mouth of Salt creek and along the Platte, within one to four and five miles from the town. Salt creek affords excellent water power for manufacturing purposes in Ashland. The distance of the site is about thirty-five miles from Plattsmouth, near the efflux of Salt creek to the Platte.

     "On the 25th we went northwesterly along the old California trail through Saunders' county, covering the Wahoo river near its head, and arriving at nightfall at the residence of J. D. Brown, in Butler county. Upon this route we observed no situation of commanding advantages.

     "Leaving Mr. Brown's on the 26th, we looked over the flat prairie between the heads of Oak creek and the eastern tributaries of the Blue, in towns thirteen and fourteen north, range three and four east, in Butler county. Here is a wide tract of unbroken plain, upon which we drove for six hours without seeing a depression in the surface at either hand. We struck the Blue in town fourteen north, range two east, passing down that stream. After a drive that day, (including some diversions from the direct route to examine points (126) which looked well at a distance,) of over seventy-five miles, we arrived at Seward Center, in the fork of Plum creek and the Blue, and opposite the mouth of Lincoln creek. All of the proposed site here could be seen at a glance. It lies on a high table between the streams named, is level, is surrounded by fertile valleys, adjacent to timber, stone, and first-class water power, and is remarkable for healthiness of situation.

     "The advantages, indeed, are possessed in an equal degree by MiIford, six to eight miles below Seward, and by Camden, in the fork of the Blue and West Blue, except that the last-named site was in a lower elevation. We remained in Milford over night, and on the 27th turned eastward, and arrived at Saline City in the evening.

     "On the 29th we made a more thorough examination of 'Yankee Hill' and Lancaster, and their surroundings. At the last-named point the favorable impressions received at first sight, on the 19th, were confirmed. We found it gently undulating, its principal elevation being near the center of the proposed new site, the village already established being in the midst of a thrifty and considerable agricultural population, rich timber and water-power available within short distances, the center of the great saline region within two miles; and, in addition to all other claims, the especial advantage was that the location was at the center of a circle of about 110 miles in diameter, along or near the circumference of which are the Kansas State line, directly south, and the important towns of Pawnee City, Nebraska City, Plattsmouth, Omaha, Fremont, and Columbus.

     "The State lands which we observed in our tour were mainly away from considerable bodies of timber or important water courses, and did not possess, to all appearances, any particular advantages, nor was the title of them so far vested in the State at that time (the report of the selection of lands by the Governor, under the acts of Congress admitting the State to the Union, not having then been certified or approved at Washington) as to warrant us in making a selection where there was a possibility that the title might fail, or in waiting until, by confirmation at Washington, the title had been secured.

     "Under these circumstances we entertained the proposition of the people residing in the vicinity of Lancaster, offering to convey to the State in fee simple the west half of the west half of section 25, the east half and the southwest quarter of section 26, which, with the north (127) west quarter of section 26, (the last-named quarter being saline land,) all in town 10, range 6 east, the whole embracing 800 acres, and upon which it was proposed to erect the new town. In addition, the Trustees of the Lancaster Seminary Association proposed to convey to the State, for an addition to the site named in the foregoing proposition, the town site of' Lancaster, reserving certain lots therein, which had been disposed of in whole or in part, to the, purchasers thereof, and the owners of said lots reserved agreeing to a resurvey of the town site as an addition to Lincoln, and the acceptance of lots according to the new survey in lieu of those acquired from the Seminary Company and surrendered by them.

     "James Sweet, Esq., was appointed conveyancer to the Commissioners, and after his report upon the sufficiency of the titles proposed to be made to the State, (which report will be found in the appendix hereto, marked 'A,') and a careful consideration of all the circumstances of the condition of the State lands, the advantages of the situation, its central position, and the value of its surroundings over a district of over twelve thousand square miles of rich agricultural country, it was determined to accept the proposition made by the owners of the land, if upon a ballot the Commissioners should decide upon a location at this point.

     "In the afternoon of the 29th of July we assembled in the house of W. T. Donovan, of Lancaster, and after a comparison of notes and the discussion of advantages of the many points examined, proceeded to ballot for a choice.

     "On the first ballot Lancaster received two votes and Ashland one. On the second vote Lancaster received the unanimous vote of the Commissioners.

     "The Governor then announced the result to the people, many of whom were outside awaiting the decision.

     "Having performed the business of the location of the seat of government, the Commissioners returned to Omaha, leaving Mr. Harvey at Lancaster to do the surveying necessary to locate the depressions and elevations on the town site, preliminary to his furnishing a design for laying off the blocks, streets, and reservations, and making a plat thereof. He completed that labor on the 12th of August, when he notified the Commissioners, and they again assembled at Lancaster, on the 13th day of August. On the 14th the Commissioners formally (128) announced the founding of the town of Lincoln as the seat of government of Nebraska, in the following proclamation:

     "TO WHOM IT MAY CONCERN: Know ye, that on this the 14th day of August, A. D. 1867, by virtue of authority in us vested, and in accordance with 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, approved June 14,1867, we, the undersigned Commissioners, on this the 14th day of August, A. D. 1867, have by actual view selected the following described lands belonging to the State, viz.:

     "S. E. ¼ of section 23; the W. ½, of the N.W.¼, N.W.¼, and the W. ½, of the S.W.¼, of section 25, the W. ½ of section 25, of township No. 10 north, of range No. 6 east of the 6th principal meridian, and have located the seat of government of the State of Nebraska upon said described lands as a town to be known as Lincoln.

     "Further, that we have, upon the day above mentioned, designated within said location the reservation for the Capitol Building, State University, and Agricultural College, parks, and other reservations contemplated in the aforesaid act, which will be properly designated upon a plat and filed in the office of the Secretary of State.

     "Done at Lincoln, Lancaster county, Nebraska, this 14th day of August, A. D. 1867.

     "On the following day Messrs. A. F. Harvey and A. B. Smith, engineers, with a corps of assistants, who were sworn to perform faithful service, commenced the survey of the town. The design is calculated for the making of a beautiful town. The streets are one hundred and one hundred and twenty-five feet wide, and calculated to be improved on all except O and Ninth streets, and the other business streets around the Market Square and Court House Square, with a street park outside of the curb line; as for instance, on the one hundred foot streets, pavements of twelve feet wide and park or double row of trees, with grass plot between, twelve feet wide outside the pavements; and on the one hundred and twenty-five foot streets the pavement and park to be each fifteen feet wide. This will leave a roadway of fifty-two feet on the streets one hundred feet wide, and sixty feet wide on the wide streets, while on the business streets a ninety foot roadway will be ample room for all demands of trade.

     "Reservations of nearly twelve acres each were made for the State House, State University, and city Park, these being at about equal distance from each other.

     "Reservations of one block each for a Court House for Lancaster (129) county, for a City Hall and market space, for a State Historical Library Association, and several other squares, in proper location, for Public Schools."

     The Commissioners have also marked upon the book of record of lots, reservations of three lots each for the following religious denominations, viz:

     Lots 7, 8, 9, block 65, for the Roman Catholic church.
     Lots 10, 11, 12, in block 67, for the Methodist Episcopal church.
     Lots 10, 11, 12, in block 87, for the Baptist church.
     Lots 10, 11, 12, in block 89, for the Congregational society.
     Lots 1, 2, 3, in block 91, for the German Methodist Episcopal church.
     Lots 7, 8, 9, in block 97, for the Lutheran congregation.
     Lots 10, 11, 12, in block 99, for the Protestant Methodist church.
     Lots 16, 17, 18, in block 101, for the Christian church.
     Lots 10, 11, 12, in block 119, for the Presbyterian church.
     Lots 7, 8, 9, in block 121, for the Protestant Episcopal church.

     These reservations were made with the understanding with the parties making the selection on behalf of the several denominations, that the Legislature would require of them a condition that the property should only be used for religious purposes, and that sometime would be fixed within which suitable houses of worship, costing some reasonable minimum amount, should be erected.

     "The Commissioners have also reserved lot 13, in block 101, for the use of the Independent Order of Good Templars; lot 14, in block 101, for the Independent Order of Odd Fellows; and lot 15, in block 101, for the Ancient Free and Accepted Masons. We respectfully ask the Legislature to confirm our action in respect to all the reservations.

     "The surveying of the town was done in the most careful manner, and with the utmost patience, and we believe that the lines are so well established that future litigation about 'lapping' of lots will be practically impossible. In every third street running north and south and every fourth or fifth street running east and west, there were set, at the center of intersection with every other street, a stone monument, even with the surface, in the top of which a mark was fixed at the exact point of crossing the lines. The work occupied Messrs. Harvey and Smith, and a doable party of assistants, constantly, until the 10th (130) day of September, when having staked off every lot in town, except in a few blocks in the northwest part of the northwest quarter upon the 'Saline land,' the work was completed.

     "In anticipation of the completion of the survey, and to insure parties purchasing lots in time to build upon them for winter, and an early provision of the means of commencing work upon the State House, the Commissioners, upon the 17th day of August, issued their advertisement for the first sale of lots, to be held on the 17th day of September.

     "This advertisement was authorized to be printed in such newspaper as could give it the widest circulation. Upon the day of sale the weather, which had been excessively disagreeable for nearly a week, culminated in a cold, drizzly rain, in consequence of which not more than one hundred persons were present, and but few of these the bidders we had expected. The aspect of affairs was disheartening. Persons who had loudly boasted of their great expectations in buying lots and building houses; others who had been lavish in prophecies of the unparalleled success of the enterprise; others who had been free with advice to us in regard to appraisements and sales -- these, and still others, who were certainly expected to be on the ground and foremost in purchasing, had given us the cold shoulder, and were not present or within hearing. Indeed, your Commissioners almost felt that failing was after all to be the result.

     "However, the first lot was put up, and after some delay in getting a bidder, it was sold to J. G. Miller, Esq., for an advance of twenty-five cents on the appraisement of $40.

     "This small beginning was an index to the proceedings for the day, and when the evening closed, the sales footing up to about one-tenth of our expectations, our spirits or our hopes were in nowise improved.

     "The second and third days gave a bettor result, and on the fourth and fifth, sunshine having come again, bringing more persons to the sales, and getting every one to feeling well, the bidding became encouraging, and the summing up of the five days' offering was nearly if not quite satisfactory.

     "The sales here at this time amounted to about $34,000.

     "The offering of lots was continued at Nebraska City from the 23d to the 27th of September, inclusive, and in Omaha on the 30th of September to the 4th of October.

     (131) "The sales at Nebraska City and Omaha amounted to about nineteen thousand dollars, and aggregated, with the amount at Lincoln, about $53,000, a sum sufficiently large to dispel all despondency and warrant renewed exertions.

     "We again met an obstacle which for a little while promised a good deal of trouble.

     "Under the 'Capitol Hill,' your Commissioners were required to pay over the amount received from the sales of lots to the State Treasurer, and pay all expenditures by warrants upon the State Treasurer building fund held by that officer. We have, in this regard, to plead guilty to a technical violation of law. Except the sum of $148, none of the money received by us has ever been paid over.

     "As soon as the town was surveyed, there began rumors that the enemies of the enterprise were determined to defeat it if possible, and that nothing which could accomplish that end would be left undone.

     "We were assured in the most reliable quarters that one of these defeating means would be the enjoining of the Treasurer against the payment of money upon warrants upon the building fund, an effort which, even if the injunction had not in the end been sustained, in the ordinary course of the courts world have prevented active operations until it should be too late to secure the erection of the State House.     

     "In consequence of this rumor, well founded as it seemed to be, hundreds of persons who would otherwise have invested largely in Lincoln lots, declined so doing; others who had purchased or bid off lots, hesitated about paying the money and taking their certificates; while others became so fearful of a bad result, that they even applied to the Commissioners for a restoration of the amounts paid and a cancellation of their certificates.

     "At this juncture some friends of the enterprise, who were sureties upon our official bond, called upon the others, and prepared and furnished us with the following protest:

     "To the Honorable David Butler, Thomas P. Kennard, and John Gillespie, Commissioners:

     "GENTLEMEN -- The undersigned having become sureties on your official bonds for the faithful performance of your duties as Commissioners, respectfully beg leave to formally protest against the deposit of any of the funds received by you from the sale of State property with the State Treasurer, for the following reasons:

     (132) "1st. Because it has been repeatedly intimated by the enemies of the present capital location, that all moneys so deposited will be attached and held, so as to defeat the wishes of a majority of the people of the State by preventing the erection of the capitol buildings till after the sitting of the next Legislature.

     "2d. Because we, having in good faith become sureties, not as a personal favor to the Commissioners, but to secure the success of the proposed location and early completion of the capitol buildings, are unwilling that the enterprise should either be defeated or delayed by useless litigation. We therefore, respectfully but earnestly request the Commissioners to withhold the funds which may now be in their hands, as well as those which may yet be received, and deposit them with those bankers who have made themselves sureties, and who may furnish the Commissioners satisfactory security for the prompt payment of the money deposited with them. Very respectfully; your obedient servants,

     "Under the circumstances which surrounded us, and being unwilling to jeopardize the money held by us as the representatives of the State in trust for the persons who had advanced it upon the risk of the success of the town of Lincoln, we felt that we could not do otherwise than accede to the demand and protest of our sureties, and having made satisfactory arrangements for the deposit and withdrawal of the funds with private bankers, we did so, and have assumed all the responsibility of the financial affairs of the enterprise.

     "On June 17, 1808, we held a sale of lots at Lincoln, and realized about $9,000.

     "On the 17 th of September we again sold at Lincoln, and received about $13,580.

     "At the sale in September, 1867, and June, 1868, we had offered lots only in the alternate or even numbered blocks, with those in four odd numbered blocks to make up for half of the reserved blocks, all of which, except the court house square, fell upon odd numbers. At the last sale, in September, 1868, we offered the lots in the odd numbered. blocks on the old town site of Lancaster. The presumption of the authority to make this sale was upon the consideration of our occupancy of the ground. We accepted it from the proprietors as so much over the town of Lincoln proper, and excess beyond the section and a quarter which we had located as the capital, as an addition (133) to the town, for the purpose of having no rival in the business of selling town lots upon ground adjacent to the capitol, and where having a village already established, the proprietors could easily have derived large profits, which otherwise would have been invested with the State. Besides, the building of the town had so far been accomplished in the direction of and upon that quarter that the appreciated value of property in second hands made it so probable that we could realize more money from a few lots there than from many upon the south aide of the townsite proper; and standing in need of much more money than we had reason to believe these last-named lots would bring, we deemed it advisable to offer all that were then unsold.

     "The lots were appraised prior to the first sale, according to the law, due consideration being had to their relative situation regarding the public reservation, and the probable business center, and their particular condition.

     "Accompanying this report, appendix marked 'B' will contain a detailed statement of the purchasers of lots, of the lots purchased, and their prices.

     "Appendix 'E' gives the list of lots unsold, of those appraised and offered at the public sales.

     "On the 10th of September the Commissioners issued their notice to architects, inviting for a period of thirty days plans and specifications for a State House.

     "In response Messrs. Taggart & W. R. Craig, of Nebraska City, and John Morris, of Chicago, submitted the drawings and specifications of designs.

     "Upon the 10th of October, after a careful consideration of their intentions severally we decided to accept that presented by Mr. Morris, (134) as being best adapted to the circumstances of construction and the wants of the State.

     "On the same day Mr. Morris, having been appointed superintendent of construction, issued a notice to builders, inviting proposals for a term of three months, for the erection of the work.

     "At the same time Mr. Morris was directed to commence such preliminary work, as excavation for foundations, delivery of material for foundation walls, and other arrangements as would facilitate the progress of the work after the contract was let.

     "On the 10th of November the superintendent caused the ground to be broken, in the presence of a number of the citizens of Lancaster.

     "The removal of the first earth was awarded, in the absence of any state officer, to Master Frele Morton Donovan, the first child born in and the youngest child of the oldest settler of Lancaster county."

     "On the 11th of January the bid of Mr. Joseph Ward, proposing to furnish the material and labor and erect the building, for the sum of $49,000, was accepted, and from that time forward the work steadily progressed, with a few uncontrollable delays, to the completion of the work contemplated in the contract.

     "For a report of the difficulties attending the work, and an estimate of the allowance proper to be made to the contractor for changes in material, increased amount of work, additional accommodation, and fittings, by Mr. Morris, the architect, is appended hereto, marked 'C.'

     "The entire expenditures have been made by the Commissioner, as in the following classification, for a detailed statement of which see Appendix 'D.' "

     The red sandstone, referred to in the foregoing report, and out of which the Commissioners expected to build the capitol, proved to be rotten and worthless and the blue limestone of Beatrice was substituted, at a necessary additional cost of several thousand dollars.

     As a suggestion of the prices received for lots at the sales in 1867-8 and 1869, a few are given to represent the value of property at that time:

     Lot 3, in block 55, the block bounded by N and O and Tenth and Eleventh, sold for $64. Lots 13, 14, 15, 16, 17, and 18, in the same flock, sold to James Sweet for $353, or an average of $58.88 each. (135) Lot 7, in the block containing the Burr Block, sold for $80 to J. E. LaMaster. N. C. Brock bought lot 12, same block, for $61. The Capital National Bank corner sold to Jacob Blum for $86. These were average prices. Few lots sold at less than $40, and few over $150.

     The leading buyers were Samuel E. Allen, Jacob Blum, S. R. Brown, Hawks & Bush, W. A. Brown, N. C. Brock, J. H. Bryant, David Butler, S. W. Burnham, Isaac Cahn, M. M. Culver, A. J. Cropsey, D. R. Dungan, Jacob Dawson, Wm. Findley, L. A. Groff, C. H. Harvey, U. S. Harding, Bob Hawke & Co., W. S. Horn, Thos. H. Hyde, C. J. Hull, H. S. Jennings, H. W. Kuhns, Levi B. Kennard, T. P. Kennard, J. E. LaMaster, Wm. Morton, J. J. Murphy, J. W. Millard, Jason G. Miller, J. D. McCann, Pat. O'Hawes, R. D. Presson, A. L. Palmer, Philetus Peck, George Ross, Amos Reid, J. M. Riddill, John Roberts, S. A. Strickland, James Sweet, John M. Taggart, Geo. P. Tucker, and Henry Witte. We notice such names among the buyers as John M. Thayer, who bought lot 1, in block 13, for $115; T. W. Tipton, John Taffe, and W. R. Vaughan. Five ladies bought lots, namely, Mrs. D. Babcock, Miss S. H. Chapman, Mrs. J. A. Harvey, Miss A. Peck, and Miss M. Wilson. The latter bought lot 5, in block 226, for $15. The ladies all looked out for bargains, or the men refused to bid against them. James Sweet was by all odds the heaviest buyer, his individual purchase. amounting to $4,074, and as trustee, to $15,000.

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