therefore confident that, could I have been allowed time at the beginning of the extra session, I could have prevented the swearing in of Mr. Daily upon his fraudulent certificate, and I might now show that Black's avarice and malice were jointly gratified by the issuance of the second certificate.
   Daily admitted that Black had requested him to say nothing about the issuance of the second certificate. "He said he was hounded by this man Morton who had a debt against him upon which he would stop his property and prevent him from going away." But Daily stated further that after he had arrived at Washington, and doubtless filed his own certificate and had his name entered on the roll, he gave the fact out to the newspapers that he had a certificate. Daily's version of the story of obtaining the certificate is as follows:

    Governor Black and I, at his solicitation, not mine, went to the city of Omaha -- Governor Black's residence was at Nebraska City, fifty miles from Omaha -- and there, at the seat of government, Governor Black made out this certificate to me, which I took to my attorney, Judge Conkling, and asked him whether I should accept it or not. He advised me not to accept it. I then went to my other attorney, Mr. Lapp, and asked him. He advised me to accept it, saying that it could do no harm, and perhaps it might do good. He said it was good and right in law. I therefore told Governor Black that I would accept the certificate. Governor Black took the certificate and put it into his pocket and started for home. For some reason, he got off the boat before he got home. In a day or two he came home. I went then to him and asked him for the certificate. He delivered it to me, but said it was so rumpled and such a poor handwrite (being his own hand) that it should be copied, and he gave it to Pentland, his clerk, to copy it. Pentland copied it, gave it to Black, and Black took from his desk a blank seal which had been stamped, and which he had in his house at Nebraska City, and attached it to the certificate, and then gave the certificate to me. He was then still acting governor of Nebraska territory.

   In the discussion before the House, at a special session in May, 1862, Richardson strongly urged that a great wrong had been done Morton in allowing Daily to be seated at the last session on his fraudulent certificate and that the wrong should be righted by acknowledging Morton's prima facie right to the seat now; and at the regular session, in a powerful speech, Voorhees took the same ground. But Dawes, while admitting the invalidity of the certificate on which Daily bad been seated in July, 1861, had no mind to yield the advantage to a hostile partisan, and insisted that the case should be decided on its merits; and though the time for the regular notice had passed, Morton was permitted to take testimony as contestant. Daily had proceeded to take testimony as contestant after he had obtained the concealed certificate. Morton, however, refused to open up the case extensively at that late day, knowing that if he did so the term would expire before the decision could be reached. The case was heard in May, 1862, at the regular session. The principal effort of Dawes on the part of Daily was to throw out 122 votes from a northern precinct of L'eau-qui-court county, which had been counted for Morton. On this point Mr. Voorhees said:

    Well, the sitting delegate has held the seat here for nearly a year, as we have demonstrated, wrongly, and by an invalid title, and a ruse of that kind deceived nobody. His object was to throw open the whole question again, and prolong the controversy, and thus obtain another year's lease upon his mileage and per diem and a seat in this House, upon this paper which should be the object of the scorn and hissing of every honest man within the sound of my voice. The offer was resisted, and General Todd was not allowed to be called as a witness, except upon conditions that would inflict still further wrong.
   Mr. Voorhees then read an affidavit made by Herman Westermann which recited that he had employed W. W. Waford and Jacob Heck as witnesses on Daily's behalf to prove that the 122 votes in question were fraudulent, and that he had paid Waford $100 and fleck $50 for this testimony. Mr. Pendleton argued strongly against throwing out this vote, but Dawes insisted that it had been proved fraudulent and the recommendation of the committee was adopted by a vote of 69 to 48, and Morton lost his seat.
   It would be idle to pass positive opinions upon the charges of irregularity and fraud in



the votes of L'eau-qui-court, Buffalo, Pawnee, and Richardson counties under conditions where fraud and irregularity were regular and normal. There was enough taint of fraud and irregularity in Buffalo and L'eau-qui-court to give color to the act of a hostile partisan House in ousting Morton, just as there was enough fraud and irregularity shown in Pawnee and Richardson counties to have justified the House, if it had been democratic instead of republican, in seating Morton. It is doubtful if human skill and judgment, however honest, could ever have arrived at a true solution of this question on its merits. The only safe position to take in the case of almost any election contest in early Nebraska is that of Lord Melbourne, who, disappointed in not receiving the order of the garter, promptly decided that, "There's no damned merit in it." And yet Morton's right to the seat in the first instance was based on grounds so strictly regular and so strong that to deprive him of it was clearly a gross outrage; and the evidence adduced would not have warranted ousting him. In course of the hearing in the House there was much expression of disgust because contests from Nebraska were the regular thing, and Daily made the misstatement that every delegate election since the organization of the territory had been contested, This is not true of the first election. But the perfidy of the second certificate affair is unquestionable, and, considering the general character of Black, inexplicable. Men still living, who were his friends and companions at that time, esteem him as a man of warm and generous impulses and a magnetic and attractive personality, genial and affable towards his friends but bitterly resentful against his enemies. The reply to a charge of the Nebraska City Press that the reported vote from L'eau-qui-court county "was a "base, palpable, infamous fraud"; that if it was so Governor Black knew it, "and knowing it he is a perjured villain for not refusing the certificate to Morton," was no less unassailable than savage.
   By this perfidious, stealthy trick Morton lost his last opportunity to gratify a long cherished ambition to become a member of Congress; for after that republicanism and then populism became so strong that there was no chance for a democrat as he counted democracy. And yet should it not be counted as fortunate for Morton that fate -- or, what was the same thing, his lack of the gift or vice of prudent acquiescence necessary to political success -- kept him out of the pitfall of political place? By force of ability and character he constantly maintained a position of great prominence in Nebraska, and in later years

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Third chief justice of Nebraska territory

was a national figure, while many of his successful rivals in politics, that is, in office-getting, lived a brief day of notoriety and then passed into normal insignificance. Mr. Daily, like most men who ventured far upon the uncertain sea of politics at any early age, was prominent for a few years after this contest, and then felt constrained to accept the office of deputy collector of customs at New Orleans, under the notorious ex-chief justice of Nebraska, William Pitt Kellogg, where he died in September, 1864. This Kellogg is now remembered as the famous trainer of the J. Madison Wellses, the Andersons, the Eliza Pinkstons, and other jugglers in the remark



able feat of "returning" the vote of Louisiana in 1876 so that it should elect the republican presidential electors, and defeat the republican state ticket with 7,000 more votes than the electors; and before he had left Nebraska the Omaha Republican had credited him with ample craftiness for this formidable feat, Dundy pursued Morton relentlessly in this campaign, as he had previously promised to do; and while his aid was not necessary to secure the inevitable defeat of Morton, his devotion to Daily laid the foundation for his long career upon the federal bench for the territory and the state. He was the object of much contemptuous animadversion on the part of Morton's champions in the House for the anxious part he took in the contest; and while Morton on the whole controlled his tongue with skilful (sic) discretion, yet it seemed as if there was only the more venom to spare for every allusion to his relentless enemy. "Dundy," said he, "is one of the ablest journeymen witnesses in the world and his style, as a practical and pointed evidence-giver, admirable." In another part of his statement of his case to the House, a paragraph given up to Dundy is one of the severest philippics ever spoken.
   Daily, while no match for Morton's cultivation and brilliancy, yet conducted his part in the controversy with ability, readiness, and skill, though often provoking laughter by his unlettered manner and method. When Voorhees flayed him for turning on his benefactor Black, for his copperhead politics, he, in undertaking a retort, remarked: "It is said in the Scripture that,
          'While the lamp holds out to burn
          The vilest sinner may return.'"
   And when Lovejoy interjected, "I feel bound to interfere in behalf of Scripture," Daily quickly retorted, "It is a good doctrine and ought to be there if it isn't. I have read Watts and the Bible so much together that I sometimes mistake one for the other."
   Mr. Loomis of Connecticut offered a resolution providing for the payment to Mr. Morton of the usual compensation without mileage from July 25, 1861, to May 7, 1862 -- the period covered by the second trial or contest on its merits. Mr. Frank of New York objected that the custom of over-liberal allowance for contestants had grown into an abuse; and Mr. McKnight of Pennsylvania said that where the delegate came from a far distant state or territory the mileage was enormous, and a contestant ought to be satisfied with it and not to expect any salary. Inquiry showed that Mr. Morton had already received from the beginning of his term, March 4, 1861, to July 25, 1861, the first session, $1,180.40 as salary and $1,508 as mileage -- $2,688.40 in all. After a sharp discussion the resolution passed by a vote of 61 to 58. This second allowance was about $2,300. During the debate over the merits of the contest Daily had accused Morton of receiving $300 more in mileage than he himself had received.
   It appeared that for this second session Daily had received $75 less mileage than was paid to Morton for the first session, but Robinson of Illinois accused Daily of deceit and misrepresentation as follows: "He has evidently endeavored to create the impression that he had only drawn the amount of mileage as read at the clerk's desk (for the present session). He drew for the 36th Congress $2,160 for each session. He now draws $1,433.60, which the committee on mileage has compelled him to take. At the last session he drew $2,100 mileage on his own motion." In the course of the debate Daily had charged Morton with "disloyalty," at that time a grievous accusation, and Mr. Blake of Connecticut said, "I have a communication here in which Morton's loyalty is impeached and I want the House to know it," but the House did not receive the communication.
   Governor Black's character and fine gentlemanly qualities were highly regarded by his associates, and his part in this transaction is perhaps the old story of the compensating weakness so often associated with strongly developed emotional and sentimental qualities, and which often make their possessors popular and the most successful leaders of the crowd. And perhaps this gallant soldier's seemingly servile acquiescence in Buchanan's subserviency to the destructive madness of the slave oligarchy was due to an overween-



ing or exuberant sense of loyalty which, in a noble cause, inspired him to noble deeds.
   Governor Black left the territory May 14, 1862, for his old home, Pittsburgh, Pennsylvania where he was born in 1818, and on his arrival he raised the Sixty-second regiment of Pennsylvania volunteers. On the 27th of June, 1862, he was killed in the battle at Gaines' Mill while leading his command in a desperate charge. The last letter of public import which he wrote in Nebraska illustrates the grace and eloquence which characterized his utterances. Thought of his tragic but glorious fate, so soon to end his career, lends peculiar interest and pathos to the closing words of this letter written to friends at Nebraska City, where he had resided since coming to Nebraska, declining the invitation to a farewell banquet to be given in his honor:

    On the morrow I shall start to Pennsylvania to stand there, as here, very close to the flag that she follows. I think I shall recognize it as the same which has always waved, and always will wave over the heads of her strong and brave battalions. It is a goodly flag to follow, and carries a daily beauty in its folds which makes all others ugly. But forgive me, I have altogether digressed when I meant only to thank you, and say, farewell.

   The change of administration in the spring of 1861 was the sunrise of a long day for the republicans, and the sunset which ushered in an equally long night for the antipodal democratic politicians of the territory.
   That Nebraska exhibited true western enterprise and contributed her full quota in the appalling siege of Washington for the spoils of office, which was incident to the first advent into power of a great party under our even then colossal spoils system, and had been quick to exact from President Lincoln, as early as March 26, 1861, the removal from office of so ultra-patriotic a soul as Governor Black, we have the testimony of Mr. Thompson, editor of the republican Plattsmouth Herald, in a letter to his paper, written from the national capital, February 25, 1861:

    Cicero once said that Rome contained all the bilge-water of the ship of state. Washington, at this time, seems like a vast reservoir into which all the political sewers of the continent are emptying their filth. There are, doubtless, very many great and good men here (besides ourself) -- patriots, statesmen, divines -- yet, if Gen. Scott's battery of flying artillery were to open a running fire on the crowded thoroughfares of the city to-morrow, we fancy the country would be benefited rather than injured by the indiscriminate massacre of the pestilential crew . . . W. H. Taylor of Nebraska City is our room-mate. Among the Nebraskans are: Webster, Paddock, Hitchcock and Meredith, of Omaha;

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Fourth governor of Nebraska territory May 2, 1859, to May 11, 1861, and associate justice of the supreme court of Nebraska in 1857

Irish, Taylor, Cavins, and one or two others of Nebraska City; Elbert of Plattsmouth; and several whose names we have forgotten, from various parts of the territory.
   To which the delighted Nebraska City News appends: "Shoot away, General Scott!"
   By the middle of June the deposed outs were disposing themselves as follows:

   Some of our readers may wish to know where and what the well abused late govern-



ment officials of this territory are doing. Gov. Black is in command of the western division of Pennsylvania troops. He is rampant for the Union.
   Secretary Morton, now delegate in Congress, is at present raising corn, cabbage and "some pumpkins" on his farm one mile west of this city.
   The talented and facetious Judge Hall, chief justice, is in his grave. (Died at Bellevue, February 13, 1861.) After life's fitful fever, he sleeps well. The judge was learned in the law, and was altogether the wittiest, and raciest on a story of any man in the western country.
   Judge Wakeley is still at his post of duty. The man who declared the American Union

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Soldier and early sheriff of Otoe county, Nebraska

"a failure" has been appointed to succeed him, but we think will not hold court just yet.
   Judge Miller is still on duty. A man by the name of Milligan has been appointed in his place, we believe, but will not be apt to officiate right away.
   Ex-Marshal Moore is at his home in Kentucky. He is too good a fellow, it seems to us, to be a secessionist, though of his exact position on the great question we are not at present informed.
   Andy Hopkins, former register of the land office in this city, is waging a gallant fight with his vigorous pen, on Eric's shores, for the Union in its integrity.
   E. A. Des Londes, former receiver in the land office in this city, has an appointment in the Confederate army, and is at the city of Richmond.
   Rivalry between republican leaders became intense as high honors and emoluments came within reach; and one faction, including the Omaha Republican and the Nebraska City Press and W. H. Taylor undertook to read Thayer out of the party; but he has managed to outlive most of his rivals, both politically and physicially (sic). Consistency is not a high merit, but only the few distinctively original men will flout it, and only the very strong leaders of men may flout it with impunity. The Herald, therefore, paid a compliment to Thayer's superior prudence when it said: "He rides one horse and sits the animal badly."
   Alvin Saunders, of Mount Pleasant, Iowa, succeeded Black as governor, May 11th, and Algernon S. Paddock, of Washington county, Nebraska, succeeded J. Sterling Morton as secretary of the territory, May 18th. About the same time William F. Lockwood of Dakota county and of the Elyria, Ohio, trinity -- Judge E. Wakeley and Bird B. Chapman being the other two -- was appointed judge of the third judicial district, succeeding his former fellow-townsman who had been reappointed shortly before the close of Buchanan's administration. The democrats being out now, raised the same cry of carpet-bag appointments against the republicans which the latter had dinned in democratic ears during the whole period of their incumbency, and the disappointed republicans joined lustily in the protest. As Governor Saunders appeared to be only a boarder in the territory for some time after assuming his office, he was sarcastically assigned to the carpet-bag class: "Gov. Saunders, of Mt. Pleasant, Iowa, is in Nebraska on a visit. He arrived at Omaha on last Wednesday."
   The outbreak of the Civil war affected Nebraska as a frontier settlement, and notwithstanding that Governor Black was in daily expectation of turning over his office



to his successor, he felt that conditions were such as to require him to issue an order for all volunteer military companies to report forthwith -- those of the First brigade to Major-General Thayer and those of the Second brigade to Brigadier-General Downs.
   It will be seen that the legislative act of 1856 was followed in this order, and that two of the generals elected by the legislature under the act were recognized as still in office, though the original attempt at organization had not been successfully prosecuted. Brigadier-General L. L. Bowen of the Second brigade, or South Platte division, had gone to Colorado where he was an unsuccessful candidate for the legislature in 1861. On the 30th of April, Governor Black issued a proclamation recommending the organization of military companies throughout the territory on account of "the withdrawal of United States troops from some of the forts of Nebraska and the disturbed condition of the country." These companies were not required to report to the regular military organization.
   The right view of the case is presented by his excellency in his proclamation. His action had, however, rather been anticipated by the people. Already there are four full companies organized in this city. Omaha, we believe, has an equal number already organized; and the other towns in the territory have generally effected similar organizations. We trust these companies will at once be supplied with arms. We don't believe there will be anybody "hurt" if the territory is armed; but it is best to prepare for war in times of peace . . . Nebraska is abundantly able to take care of herself, with or without the protection of the administration at Washington. 4
   But on the 28th of the following August this First Nebraska regiment, under the command of Colonel John M. Thayer and Lieutenant-Colonel Hiram P. Downs, left Nebraska for active service in Missouri.
   On the 18th Governor Saunders issued the first proclamation for the territory calling for volunteers for the Civil war as follows:

    Whereas, The president of the United States has issued a proclamation calling into the service of the United States an additional volunteer force of infantry cavalry to serve for a period of three years, unless sooner discharged; and the secretary of war having assigned one regiment to the territory of Nebraska, now, therefore, I, Alvin Saunders, governor of Nebraska, do issue this proclamation, and hereby call upon the militia of the territory immediately to form in different companies with a view of entering the service of the United States, under the aforesaid call. Companies, when formed, will proceed to elect a captain and two lieutenants. The number of men required for each company will be made known as soon as the instruc-

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Wife of James W. Coleman

tions are received from the war department; but it is supposed now that it will not be less than seventy-eight men.
   As soon as a company has formed and has elected its officers, the captain will report the same to the adjutant general's office.
   Efforts are being made to trample the Stars and Stripes, the emblem of our liberties, in the dust. Traitors are in the land busily engaged in trying to overthrow the government of the United States, and information has been received that the same traitors are endeavoring to incite an invasion of our frontier by a savage foe. In view of these facts I invoke the aid of every lover of his coun-

   4 Nebraska City News, May 11, 1861.

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