Nebraska becomes a state -- 1967

Monday, April 7, 2014
Stephen Douglas, Author of the Kansas-Nebraska Act

On March 1, 1867, 147 years ago, Nebraska became the 37th state in the Union. Becoming of a new state was the culmination of a number of initiatives, most very controversial, stemming back to the Missouri Compromise in 1820.

That Compromise, allowing statehood to Missouri, decreed that slavery would be outlawed in all territories north of Parallel 30 degrees 30 minutes North, except the area within the proposed state of Missouri, which had been a slave holding area since the early days of the French explorers. Up to this time Congress had regulated states admitted to the Union -- one slave state, one free state, keeping the balance of slave states and non-slave states even.

By 1854, the United States was feverishly planning for a transcontinental railroad, linking the populated eastern states with the new gold rush territories of California and Colorado. Stephen Douglas (remembered mostly these days as the formidable opponent of Abraham Lincoln in the Lincoln-Douglas debates) was a senator from Illinois, who had presidential aspirations. He introduced a bill, which created the Kansas-Nebraska Territory, a huge chunk of land, incorporating all of present day Kansas and Nebraska, plus portions of South Dakota, North Dakota, Colorado, Wyoming, and Montana. His idea was to open land, which had belonged to various Indian tribes, for the settlement of farmers, increase the voting population of this region, and make possible the Midwestern section for the long dreamed of Transcontinental Railroad.

J. Sterling Morton, Kansas-Nebraska Territorial Governor

Apparently Douglas felt that he could appease both the slave states and the anti-slave states by allowing white males in that territory to decide whether slavery would be legal in that territory or not. Douglas seriously misjudged the situation. The result of the Kansas-Nebraska Act was that Douglas pleased no one. Southern Slave States wanted no restrictions on their right to hold slaves, and rushed to Kansas to sway the election. They won the vote for slavery in Kansas, but it was thrown out, the referees citing fraud. Violence erupted following the vote, led by Anti-Slavery forces, the "Jayhawkers", led by John Brown -- who claimed Pro-Slavery forces from Missouri had had begun the violence against them. Kansas earned its title of "Bleeding Kansas.

The Kansas-Nebraska Act effectively negated the Missouri Compromise. Kansas, which had been an anti-slavery region was now open to settlers who could bring their slaves. To "Free Soilers" (who greatly opposed any expansion of slavery), the Abolitionists, and Easterners generally, it seemed like the Kansas-Nebraska Act was an aggressive, expansionist maneuver by slave owning Southerners. The Act was a very large factor in the establishment of the Republican Party, the election of Abraham Lincoln, and led ultimately to the Great Civil War.

During the years of territorial status, Nebraska had 10 governors and acting governors. Several of these men played a large role in Nebraska history after Statehood -- notably Francis Burt, Thomas Cuming, Alan Saunders, and J. Sterling Morton. Mr. Morton was the founder of Arbor Day, held on the last Friday in April -- the day everyone thinks about planting a tree. J. Sterling Morton was also Secretary of Agriculture in President Cleveland's Cabinet. He was a resident of Nebraska City, and one of the most prominent citizens of the state in those early years. He is credited as the man responsible for "planting a million trees" in Nebraska, which up to that time had been a virtual, treeless prairie.

J. Sterling Morton, Kansas-Nebraska Territorial Governor

Trouble between the pro- and anti-slavery factions continued until 1861, when the Anti-Slavery settlers finally outnumbered the pro- slavery settlers, and Kansas was allowed to enter the Union as a Free State, just before the start of the Civil War.

During the four years of the Civil War, statehood for Nebraska simmered on the back burner. However, following the Homestead Act of 1862, settlers were increasingly drawn to Nebraska. After the Civil War action toward Statehood for Nebraska moved forward in earnest. In 1866, a Constitution for the new state of Nebraska was drawn up, but again there was controversy. The Constitution read that suffrage in the new state would be restricted to "White/Male Voters." In early 1867 Nebraska was admitted to the Union, with the provision that voting rights would not be denied to non-whites. Again there was controversy and President Andrew Johnson vetoed the Nebraska Statehood -- he wanted the "Whites Only" voting provision left in the bill. This time, however, President Johnson's veto was struck down by a Super Majority in both Houses of Congress. Finally, on March 1st, 1867. Nebraska was officially admitted to the Union, as the 37th State.

Transition from being part of the Kansas-Nebraska Territory to Statehood for Nebraska was again tainted with controversy, but not immediately. It began peacefully enough, and smoothly. The first governor of the State of Nebraska was David Butler, a cattle trader who came to the state in 1856, from Indiana. He did his cattle business out of Pawnee City until 1861, when he was elected to the Kansas-Nebraska Territorial Legislature. He continued in Territorial offices until 1866, when he ran a successful campaign to become the State's first governor (a Republican). From all accounts Butler started out as a good governor. Under his leadership, in 1867, the State Capital was moved from Omaha to Lancaster (the name was later changed to Lincoln). He led the drive to establish an agricultural college in Nebraska, and about the same time the establishment of a state university, both in Lincoln.

However, soon after beginning his third term, in 1871, Butler was accused of misappropriating $16,000 of state school funds to his own use -- funds he reportedly used for buying up building lots in the new city of Lincoln. He was indicted on 11 counts of felony of state funds, and faced impeachment by the State Senate. Even though 10 of those counts were dropped, the senate successfully impeached Gov. Butler, and in 1871 the Nebraska Supreme Court removed him from office. Butler is still the only Nebraska Governor to be impeached.

Later, in 1877, the Nebraska Legislature took another look at the charges which had been placed against Governor Butler. This time they saw things differently. All charges against Butler were expunged from the record and Butler was allowed to re-enter the political arena with a clean slate. He was elected to the Nebraska Senate as an Independent after a 10 year absence from politics. He served just one term. In 1888 Butler made one more run for the office of Governor of Nebraska, this time running under the banner of the Union Party. This time he was defeated. He returned to Pawnee City for his retirement. He died in 1891 and is buried in the Pawnee City Cemetery.

During these past 147 years there have been numerous incidents of controversy, sometimes quite intense, in Nebraska, and Nebraska has changed with the times. Residents here can look back on a rich history, and be grateful to those individuals who helped shape the course that our state would take -- even while we look forward, with optimism, to the years ahead.

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