1889 HISTORY OF LINCOLN NEBRASKA

CHAPTER XI

THE CITY OF LINCOLN -- THE EARLY BEGINNING -- FROM PRE-HISTORIC TIMES TO 1867 -- THE TOWNS OF LANCASTER AND YANKEE HILL -- THE COUNTY SEAT CONTEST -- THE BUILDING OF THE LANCASTER SEMINARY -- EARLY BUILDINGS AND REMINISCENCES

(136) In 1860, Government Square, Lincoln, was a rounded elevation. About the center of the square was a knoll about twelve feet higher than the present surface at the artesian well. Standing in summer on this graceful tumulus, as lovely a scene was spread out before the observer's eyes as ever was beheld in prairie landscape. To the west this hill of observation sloped evenly away to the valley of Salt creek. In the valley to the west of the creek, and north of O street, there was a beautiful grove of honey locust trees. South of O street there waved a little forest of stately elms and cottonwood, interspersed with a few honey-locust and hackberry trees. Besides, the stream in that direction was fringed with plum and other small trees and brush. Back from the trees the low ground between the hills was one sea of tall brass and yellow sunflowers. To the northwest could be traced the valley of Oak creek, also hinged with trees, and to the southwest the valley of Haines's creek, radiant with flowers. On the low ground directly westward the saline crust of the Salt Basin glistened in the sun like the surface of a lake, and far to the west the valley of Middle creek receded in a vista of green leaves, waving grass, and flowers. The valley of Salt creek could be traced for miles to the northeast, and the banks of the Antelope also lead their fringe of grass, flowers, and trees, to the eastward. When the observer looked to the southward he saw his hill decline into a drain, almost deserving the name of a small ravine, in the vicinity of N street. This ravine originated in a basin of low ground in the locality a little distance to the northeast from the present site of the Burr block, and its course was southwesterly to Twelfth and O streets. Here it bent southward for a short distance, and at the place where the alley south of Funke's opera house now is (137) it again turned westward. Its course then was southwesterly to a line now occupied by the Latta block, on Eleventh street. Here it was deepest and the descent into it pretty abrupt from either side. It crossed Tenth street at N, and was soon lost in the flat surface of the bottom land to the westward. In the vicinity of the Capital National Bank, at O and Eleventh, there was a depression, where water stood to a considerable depth when the street came to be graded across N street. More than one old settler can now tell how he or some other man had a vehicle swamped in the mud on Eleventh street in attempting to cross this drain in early days, the reputation of the slough in the vicinity of Eleventh street being particularly notorious.

Owing to this ravine, the elevation on which the capitol now stands looked higher, and the incline of its long, sweeping, northern slope more sharp, than at present. In all directions from the observer the distance filed away in a rim of hills, with gracefully undulating sides. In fact, it seemed that he stood on a conical elevation in a grand natural amphitheater, where surrounding heights were located at magnificent distances. The high ground on which the observer is supposed to stand, was covered with buffalo grass, as were all the high prairies twenty--nine years ago. Across the elevated surface sparse lines of blue joint marked the course of travel by ox teams from 1847 to 1860. The cattle of the west-bound trains had eaten the seed to the eastward and spread it along the trails in their journey toward the west. Indian ponies and buffaloes probably contributed to sow the seed also.

A few buffaloes could at times be seen, about this date, on the present city plat. The common deer and black-tailed deer were frequently seen on the site of the coming capital. Also the white-tailed and mule deer were occasionally observed. Herds of pronghorn antelope were often seen on the ground where Lincoln stands, in 1860, and during several years later. Elk had formerly been abundant. Prairie wolves, or coyotes, were numerous within the present city limit; in 1860 and for years afterward. Pelicans, wild geese, ducks, prairie chickens, and quail, were seen in large numbers. Many small animals and birds made this region their home. Perhaps one thousand species and varieties of plant life could have been seen within the present platted limits of the city, twenty-nine years ago. This seems extravagant, but when it is known that the flora of Nebraska (138) comprises nearly 2,500 species and varieties of plants, it will not seem improbable.

With the landscape more beautiful than an ideal picture, the soil manifestly of unbounded fertility, and the land swarming with animal life, it can not be wondered that the early pilgrim who stood on the mound on post-office square and absorbed the prospect, thought that he had seen no spot so promising as this on which to found a city.

The land on which Lincoln now stands was surveyed in 1856 by the Government. The salt springs in the Salt Basin were then discovered and reported by the Government Surveyor. Fabulous anticipations at once filled the minds of adventurers and enterprising men who then had begun to congregate along the Missouri river. In 1856 the Crescent Company was organized at Plattsmouth, and Captain W. T. Donovan, who commanded the steamer "Emma," from Pittsburg to Plattsmouth, was selected to represent the company at the Salt Basin. The captain and his family came on and settled on section twenty-three, on the west bank of Salt creek, and south of the mouth of Oak creek. The Crescent Company proposed to find out the value of the salt water flowage as a commercial investment. During the same summer William Norman and Alexander Robinson, representing a company similar to that of Donovan, came on and located for a time near the big Salt Basin, on section twenty-one. They soon became satisfied with their profits, and left the basin permanently. Owing to the threatening aspect of the Pawnee Indians during the latter part of 1858, Captain Donovan also abandoned the schemes of the Crescent Company, and removed to the Stevens creek settlement, where he remained until 1861, when he returned to the vicinity of the Salt Basin once more and located at Yankee Hill, a point nearly identical with the site of the present Insane Hospital.

In the autumn of 1859 a scheme for county organization was set on foot. At that time a large elm tree, with spreading branches, stood not far from what is now the Burlington Road round house. Under this tree the settlers met to take preliminary steps for the erection of county machinery. This caucus selected A. J. Wallingford, Joseph J. Forest, and Captain W. T. Donovan, as a committee to select a site for a county seat and lay out a town. That committee, with most commendable judgment, selected the present site of Lincoln, and called it "Lancaster," being named by Captain Donovan, probably, after (139) Lancaster county, Pennsylvania. He named his first settlement at the Salt Basin, in 1857, "Lancaster." But the new town went without inhabitants for several years, and settlers came into the county very slowly until about 1864.

On July 2, 1861, Captain Donovan brought W. W. Cox, now of Seward county, to the Salt Basin, and on August 20th Cox and Darwin Peckham began to boil salt at the Big Basin, in section 21. They immediately set up an extensive business by trading salt for all manner of useful commodities in the line of provisions, such as meat, flour, butter, potatoes, eggs, fruit, wood, clothing, etc. Salt, was very scarce in the West, and during the war very high so that people came even from near Des Moines, Iowa, for salt, and traded flour for the same, pound for pound. Settlers came from far and near to boil salt for themselves, and the Salt Basin was a lively place during the later months of 1861. No salt could be made in the winter time, and Mr. Cox wintered with Captain Donovan, at Yankee Hill. During the fall of' 1861 such prominent men of' the future as J. Sterling Morton, O. Y. Mason, and Phineas W. Hitchcock, visited and inspected the Salt Basin. Mr. Morton then probably contracted some ideas that were unfortunate for him in after years. The Territorial Governor, Alvin Saunders, who had been elected in May, 1861, also visited the basin during the fall.

During the winter of 1861-2 the coyotes practically had the elevations where the city new stands all to themselves.

The season of 1862 passed much as that of 1861. Cox and others made salt at the basin.

John S. Gregory arrived daring this year, and boiled salt by the Basin on section 21. Many others came and went, and the salt business was very prosperous. During the final week of May, Milton Langdon and family arrived, and settled on the north side of' Oak creek, not far west of' its junction with Salt creek. A county convention was held at the basin on the first of May, and it was attended by about every old settler in the county. An election was held in the fall, but there was nothing connected with it of particular interest in the history of' Lincoln.

But there was one thing which did affect the destiny of Nebraska and this city which occurred in that year, and that was the final passage by both Houses of Congress of the Homestead Act. This (140) had passed the Senate in February, and was passed by the House in May. This act brought settlers to Lancaster county with some activity during 1863.

During the winter of 1862-3, an old man named Van Benthusen was camped at the Salt Basin boiling some salt in a large open pan. An Indian hit him a rap over the knuckles with a ramrod, for a joke. The old man did not see the joke the same way, and flew into a rage and knocked the Indian over into the boiling salt, burning him fatally. The settlers went to the Indian camp in alarm, fearing this act had incensed the aborigines, but they were found making sport of the scalded Indian, who roared with pain in his dying agony. They called him a squaw, and pointed their fingers at him in scorn.

On August 20, 1862, a heavy frost killed the corn on low ground in Nebraska generally.

During the winter of 1862-3 a son was born to the family of Joseph Chambers, then camped at the Salt Basin. The child lived but a short time, but was, probably, the first child born within the limits of the present city. On March 3, 1863, Elmer E. Cox, now of Seward, was born at the basin.

The summer of 1863 found W. W. Cox and family still at the basin. During the spring of 1863 John S. Gregory built a frame house where West Lincoln now is, and made other improvements, and the same season he was made the first postmaster of this locality. The office was named "Gregory's Basin," but did not continue very long. Mr. Gregory received a salary of $3 per annum. During the summer of 1863 Mr. Gregory erected salt-making apparatus at the basin having a capacity of about two tons per day, for which he found a ready sale to pioneers and travelers in all directions, except, perhaps, to the westward. Few white men had then settled west of Salt creek. William Imlay also conducted a salt-manufacturing business in 1862-3, at the small basin near where the stock-yards are now located. Milton Langdon and others were engaged in making salt during 1862 to 1864.

John S. Gregory was elected to the Territorial Legislature for Lancaster county on October 13, 1863, and became a prominent figure in the county and city thenceforward for many years. Fifty-five votes were cast at this election. Mr. Gregory was probably the first permanent settler within the present city limits.

(141) On the morning of July 4, 1863, Mrs. W. W. Cox proposed that the family celebrate Independence Day. Wild gooseberries were very plentiful along Salt creek, and Mr. Cox went out to pick a quantity to be used in the festivities. When he had filled his pail he heard some hallooing, and stepping out of the bushes to see what the disturbance was about, he saw a small group of men near by, and on closer inspection he found that it was the party of Elder J. M. Young, Rev. Peter Schamp, Dr. J. McKesson, E. W. Warnes, Luke Lavender, and Jacob Dawson. They were hunting for a good place in which to plant a colony. They at once joined in the celebration project. The neighbors were called in, dinner was served, the elder made a speech, and a small flag they had with them was raised; and this first patriotic event of its kind on the soil of the present capital, they do say, was a very soul-stirring occasion. Perhaps the flag then floated for the first time on the present site of Lincoln. The elder was looking for a place to locate a colony and establish a Methodist mission, and like most of the pioneer Methodist preachers, he was a very good judge of business possibilities as well as of yellow-legged chickens. After a careful inspection of all the surrounding region, he came back to the Salt Basin about July 10, 1863, and decided that the present site of Lincoln was the most desirable for his purpose of any spot he lad seen. He dedicated a portion of section twenty-three to colonial purposes, and christened it "Lancaster." But no attempt was made to settle the town until 1864, when the village life of Lancaster really began.

The winter of 1863-4 was one of intense cold, and the pioneers of the valley of Salt creek were threatened with starvation as well as with the rigors of the winter. But when spring came, settlers began to come in with renewed energy, and homesteading began in earnest, for it then became probable that the Union would be saved. People began to think they would risk this region, whose soil had so long been viewed with suspicion, owing to its radical contrast in appearance with that of states further east, and the libels long taught by ill-informed geographers. Jacob Dawson and John Giles took homesteads next to Young's new site of Lancaster in 1863. Captain W. T. Donovan had already taken a homestead -- the first in the county -- on January 2d, east of the Asylum. In 1864 Elder J. M. Young and his sons, Dr. J. McKesson, Luke Lavender, E. W. Warnes, and J. M. Riddle, (142) made a permanent settlement on the town site of Lancaster. The southeast quarter and the east half of the southwest quarter, of section twenty-three, were platted by Jacob Dawson, and the plat is dated August 6, 1864. The streets were named North, Nebraska, Saline, Washington, Main, Lincoln, College, High and Locust, from the north to the south side of the plat. From west to east they were numbered from one to twelve. The plat contained sixty-four blocks, of eight lots each. The streets were to be sixty-six feet wide; the alleys were to run east and west, and were twenty feet wide. The plat had a "Court-house" and a "Seminary" square. Three years later, when the capital commissioners replatted the town on a much broader scale, the original plat was practically discarded. Much of the prosperity of the early part of 1864 was lost by the scare caused by the Indian outbreak of that year, and most of the settlers left in September. Captain Donovan, John S. Gregory, and E. W. Warnes, stuck to the vicinity of the Lancaster plat. The Indians committed several butcheries west of the Big Blue, but did not molest the Salt creek settlement. Still, those who remained were in great fear at times lest they might be attacked.

The season of 1865 opened with but a few more settlers than that of 1864, on account of the Indian scare of 1864. Most of those who fled the fall before, returned in the spring of 1865, and others came and took homesteads.

Lancaster county had but one county-seat fight, which, owing to the few persons engaged, did not develop the exciting or sanguinary aspects that often grow out of such contests. When John Cadman and John S. Gregory were in the Territorial Legislature in the winter of 1864, Cadman was in a scheme to partition Clay county between Gage and Lancaster. Gregory at first opposed this hotly, but he finally came around and supported the scheme. The agreement to dismember Clay county was easy, comparatively. But when it came to the details of how it should be done, the problem was too much for Cadman and Gregory. It was an original case, this taking the life of a municipal government, and it required skill in law and the principles of civil and constitutional government not thought of when the scheme was hatched. At this point in the dilemma Cadman and Gregory called in T. M. Marquett, representing this county in the Council, and he was made a sort of referee, after much higgling, for the adjustment of (143) the whole matter of division of territory, funds, and extinguishment of the life of Clay county. His work was so well done that it has never been questioned since.

This elimination of Clay county from the map was intended to fix the county seat of Gage county at Beatrice, and also that of Lancaster near where it now is. With Clay county in existence, the first would have had to go further south and the second further north. Cadman wanted the capital of Lancaster county at a point near the present Insane Asylum, which he at once staked off as a town site under the name of "Yankee Hill." Elder J. M. Young caused his site to be platted the same summer of 1864, and then these two generals set out to capture the county seat of Lancaster county. Gregory had caused the Legislature to appropriate $500 for a bridge over Salt creek "to be located in Lancaster county," hoping to get the bridge opposite Lancaster. But Cadman was not asleep, and when the commissioners came to view the ground he plead so well for a bridge at Yankee Hill that the money was equally divided between the Yankee Hill and Lancaster bridge site. With the addition of subscriptions, both sites secured a bridge over Salt creek, and were so far even in the fight. Lancaster had the Salt Basin and Yankee Hill had the freight road from the Missouri, making them about a tie. Yankee Hill secured a blacksmith shop and a small store, and was a little ahead in the count. But Elder Young was a shrewd and energetic leader, and Cadman was unfortunate in at least one particular. The settlers south on Salt creek had generally located near what they supposed would be the county seat of Clay county, and the prospective capital they had named Olathe. When Cadman joined hands with H. W. Parker, of Beatrice, and slaughtered Clay county in cold blood, he also annihilated the prospects of Olathe. The visions of the Olatheans suddenly went glimmering. Their anger against Cadman rose to a high pitch, and they "laid for him." And it is not recorded that Elder Young tried to smooth down the ruffled temper of the people of Olathe. So, when the people came to vote on the location of the county seat in the summer of 1864, Lancaster was victorious by odds. Olathe got even with Cadman. But Cadman did not long sulk in his tent. He joined with the people of Lancaster to make make it a sueccssful town, and was noon afterward a hotel keeper in Lancaster, and the justice of the peace of the place. He was elected to the next Territorial Legislature and was a member of the first State Senate. He was also probate (144) judge, sheriff, and treasurer of Lancaster county. At present he is residing in California, but he paid Lincoln a visit during July of the present year. He has a son residing in the city now, and another in Omaha.

Elder J. M. Young was a man of great enterprise, very large mind, and possessed of a warm heart. He was an antagonist whom most men could well afford to respect. He not only planted his colony on the sight of Lincoln, but was the inspiration which had much to do with inducing the commissioners to locate the State capital on his site rather than at Seward, or one of the other competitive points. He came to Lancaster county to found a female seminary when this region was almost literally a howling wilderness. Coyotes did the howling. So did the Pawnee and Otoe Indians. But he set about building his seminary, (in 1864, probably,) and had it in operation in 1866. It was built of the soft red sandstone of this region, and was about 30x50 ft. in dimensions, and two stories high. It stood on the rear part of the lot now occupied by the State Journal building, owing to the fact that the plat of Lancaster was totally disregarded by the surveyors who surveyed Lincoln, in 1867. It then became the school house, meeting house and public rallying point generally, until burned down in the spring of 1861. The first school on the site of Lancaster was taught in the "seminary" by Mr. H. W. Merrill, in 1866, in the latter part of that season, with an attendance of about thirty. School was continued in the "stone House" in 1866, when it was in charge of Mrs. Merrill, whose husband had a homestead on the Antelope. After it was burned, in 1867, John Cadman opened a hotel on its site, late in 1867, using the walls, in part, for his hostelry. This was the second hotel in Lincoln. Cadman afterward sold out to N. S. Atwood, who greatly enlarged the Cadman House, as a brick stricture, and after running it for some time, it burned also. Before the Cadman House was built, the Pioneer House was erected on the southeast corner of Ninth and Q streets. It was the first hotel in Lincoln, and was well managed by L. A. Scoggin, who afterward mysteriously left, and has not since been heard from. The Pioneer was built in 1867, and was burned a few years later.

When T. M. Marquett ran for Congress in 1866, with J. Sterling Morton as opponent, Morton challenged Marquett to a campaign joint debate. The campaign was opened by the first debate, in the "seminary" just referred to, in August. The pioneers came from far and (145) near, but this mass meeting numbered only about fifty persons. The meeting was a lively one, and the campaign resulted in the election of Marquett. So much for the history of the Stone Seminary.

The first term of the Territorial court in Lancaster county was held in November, 1864, at the house of Jacob Dawson. Dawson's house way a double log cabin, situated on the ground on west O street now occupied by the St. Charles hotel, between Seventh and Eighth, on the south side of the street. The officiating judge was Elmer S. Dundy, now United State District Judge for this district. Mr. Dawson acted as clerk, and Judge Pottenger, of Plattsmouth, was appointed Prosecuting Attorney for the Territory, at a salary of $75. T. M. Marquett, of Plattsmouth, was present as an attorney. Milton Langdon and John S. Gregory were the local attorneys, who were nearly always arrayed against each other in the local courts. The leading case of the term was that of Bird, or The Territory, against Pemberton. The latter lad shot his revolver into Bird's house, and thumped Bird with it afterward, owing to some difficulty Pemberton had had with one of Bird's daughters. The Birds had talked, and Pemberton "did up" the father in consequence. After a good deal of trouble, a grand jury was impaneled, the venires for both grand and petit juries being exhausted in getting the panel. Then it took about three days to find a petit jury, owing to the lack of men. The eligible male inhabitants were nearly all on the grand jury. There were no professional jurymen in court on this occasion. The trial of cases was delayed about three days in the endeavor to find petit jurors.

The grand jury found several indictments. Pemberton was indicted and come to trial on a charge of "Malicious assault with intent to kill." T. M. Marquett defended him for a fee of ten dollars. He urged upon his honor, Judge Dundy, that his client should not be required to lie in jail, (there was no jail until 1868, and should not be required to give bond, even if he could, if the Territory was unable to try him. It was not his client's fault that a jury could not be found. Citizens should not be made responsible for the failures of the Territory. He therefore moved to quash the indictment. Judge Dundy granted the motion, and Pemberton was discharged. Pemberton left, to avoid further trouble, Marquett assuring him that if he assaulted Bird again, that he would come to Lancaster and prosecute him. Another indictment was quashed in the same way.

This term adjourned on the day Abraham Lincoln was elected for (146) a second term, November 8, 1864. There was a foot of snow on the ground, and the day was stormy. In returning to Plattsmouth, the court and attorneys were obliged to shovel through drifts. When within eight miles of Plattsmouth, the party learned of the election of Mr. Lincoln, and all five of them then and there gave three cheers. The drive to Plattsmouth was made in a single day. This long drive was frequently made in a day. Simeon Benadom made the drive in a day in 1868, when he brought his wife to the city. She was one of the first women who became a resident of Lincoln.

There was one term of court in Lancaster in 1865, and probably one court in 1866. The famous litigation of those early years was between John S. Gregory and his Uncle Eaton, of Plattsmouth. The war continued for several years, and was red hot. On one occasion Mr. Gregory expressed a decided opinion that Eaton would be a resident of Sheol in the future. Eaton promptly replied that he should, in such a case, be compelled to regret his misfortune, owing to the necessity he should be under of keeping such company as Mr. Gregory.

The next term of court in this county was held under the Government of the State of Nebraska.

On June 21st, 1866, an election was held to ratify the State constitution framed by the Territorial Legislature early in the year. The people ratified the instrument all right, and the Legislature elected under that constitution met July 4, 1866. But the bill for the admission of Nebraska as a State, which passed Congress on July 28th, was vetoed by Andrew Johnson. This compelled the people to wait until 1867 for statehood. Congress passed another admission bill in January, 1867, which was also promptly vetoed by President Johnson, on the grounds that the Territory did not contain sufficient population to warrant it in claiming statehood; that the admission bill was at variance to some degree with the enabling act, and that the constitution had not been formed in the prescribed manner. It took Congress just two days to pass this bill over Johnson's veto: February 8 and 9, 1867. The Legislature met at Omaha, February 20th and ratified the provisions on which Nebraska was to be admitted: that she should enter into an obligation to deny no citizen the elective franchise on account of race, color, or previous condition of servitude. President Johnson proclaimed Nebraska a State on March 1, 1867. The Legislature immediately took steps to remove the capital from Omaha. How this was done is told in another chapter.

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