as it was then; again, she must be kept out because of the
Indian treaties, though the same objection existed then as
now; again, she must be kept out because she has not
population enough, though she has three times as many-
people as were there then; and, finally, this bill must be
delayed now because it does not contain a judiciary clause.
I do not understand why these constant objections are
being interposed to the admission of Kansas now, when
none of them were presented in regard to the Lecompton
constitution, three years ago, nor in regard to the ad-
mission of Oregon, which has since taken place. It seems
to me that the fate of Kansas is a hard one; and it is
necessary for these senators to explain why they make the
distinction in their action between Kansas and Oregon,
instead of my explaining why I do not make distinction
between them."

July 22, 1882, a reunion of the members of the con-
stitutional convention was held at Wyandotte. Benjamin
F. Simpson and John A. Martin made speeches. Martin
was secretary of the convention, and afterwards served as
colonel of the Eighth Kansas, and two times as governor.
He said in his address that two influences induced the
decision against the South Platte, one political and the
other local and material. Many republicans feared that
the South Platte country was, or would be likely to become,
democratic. Lawrence and Topeka both aspired to be the
state capital, and their influence was against annexation,
because they feared it would throw the center of population
far north of the Kaw. I quote:

"Each party, I think, was guilty of one blunder it
afterwards seriously regretted — the Republicans in refusing
to include the South Platte country, within the boundaries
of Kansas; the Democrats in refusing to sign the constitution
they had labored diligently to perfect. I speak of what I
consider the great mistake of the Republicans with all the
more frankness because I was, at the time, in hearty sym-
pathy with their action; but I feel confident that no



KANSAS-NEBRASKA BOUNDARY LINE 127

Republican member is living today who does not deplore
that decision. And I am equally confident that within a
brief time after the convention adjourned, there were few
Democratic members who did not seriously regret refusal
to sign the constitution."

I think the judgment of the people today would be
that the convention did very well, that for homogeneous-
ness of people and interests the boundary lines of Kansas
encompass, encircle, sun-ound and hold more contentment
and happiness than any other equal extent of territory.
Imagine a northern boundary line as crooked as the Platte
river, and a southern boundary as crooked as the Kansas
and Smoky Hill. Imagine what an unwieldy and incon-
gruous lot of people and territory there would be from the
Platte to the south line of Kansas, and from the Missouri
river to the summit of the Rocky mountains. Fifty years
of development and history show that the convention made
the state just right. Furthermore we have never heard of
any unsatisfactory results from the shape of Nebraska,
nor of any failure on the part of Nebraska people to manage
the Platte river. I think that the Wyandotte convention,
after fifty years, is entitled to the plaudit, "Well done,
good and faithful servants".

When we recall that Kansas is one of but twelve
states in the Union that have lived under one constitution
fifty years, the Wyandotte convention surely has this
approbation. The following states have had their present
constitutions in use for fifty years or more, barring amend-
ments from time to time submitted to the people: Con-
necticut since 1818, Delaware since 1831, Indiana since
1851, Iowa, 1857, Kansas, 1859, Maine, 1819, Massachu-
setts, 1820, Minnesota, 1857, Ohio, 1851, Oregon, 1857,
Rhode Island, 1842, Wisconsin, 1848. In all of these,
practically, there has been agitation looking toward con-
stitutional revision, and in some instances constitutional
conventions have met and revised the constitutions, but



128 NEBRASKA STATE HISTORICAL SOCIETY

the revision has been rejected by the people. For nearly
two hundred years Rhode Island did business under her
charter, obtained from Charles II, in 1663; and it was
not until September, 1842, that a constitutional convention
met and framed a constitution which was ratified by the
people of that state.

Of the members of the Wyandotte convention there
still remain with us: John T. Burris of Olathe, aged 81
years; Benjamin F. Simpson of Paola, aged 73 years;
C. B. McClellan of Oskaloosa, aged 87 years; S. D. Houston
of Salina, aged 91 years; Samuel E. Hoffman, 4450 West-
minster Place, St. Louis, Missouri, aged 75 years; and
Robert Cole Foster of Denison, Texas, aged 74 years.
Their work was adopted by the people of the territory
October 4, 1859, by a vote of 10,421 for to 5,530 against.

In 1855 the territorial legislature of Kansas was in
session at Shawnee Mission, only six miles from the now
center of Kansas City, Missouri, and the Missouri legis-
lature was in session at Jefferson City. In a sketch of
Kansas City, Missouri, pubhshed in 1898, Judge H. C.
McDougall says:

"As one of the many evidences of the fatherly in-
terest which the citizens of Missouri then had in the
young territory of Kansas, it may be noted in passing
that Hon. MobiUion W. McGee, a citizen of this state,
who then resided where Dr. J. Feld now Hves, out at
Westport, was a distinguished, and no doubt useful,
member of the territorial legislature at Shawnee Mission.
It would have been greatly to the interest of the pro-
slavery party in Kansas to get Kansas City into that
territory. The Missouri statesmen were then anxious to
further the ends of their pro-slavery brethren in Kansas,
and Col. Robert T. Van Horn and a then distinguished
citizen of the territory of Kansas (whose name I cannot
mention because for thirty years he and his family have
been warm personal friends of mine) agreed that it would
be a good thing all around to detach Kansas City from



KANSAS-NEBRASKA BOUNDARY LINE 129

Missouri and attach it to Kansas territoiy. Hence, after
visiting and conferring with the legislatures of Missouri
and Kansas territory, and being thoroughly satisfied that
the Kansas territorial legislature would ask, and the Mis-
souri legislature grant a cession upon the part of the latter
to the former of all that territory lying west and north of
the Big Blue river from the point at which it crosses the
Kansas line out near Old Santa Fe to its mouth, Colonel Van
Horn was left to look after the legislatures and my other
venerable friend was posted off to Washington to get the
consent of congress to the cession. Congress was also at
that time intensely proslavery and through Senator David
R. Atchison, General B. F. Stringfellow and others con-
gressional consent to the desired change could easily have
been obtained. While agreeing upon everything else as
to the rise and fall of this scheme, yet Colonel Van Horn says
that upon arriving at Washington our Kansas friend met
and fell in love with a lady with whom he took a trip to
Europe, and was not heard from in these parts for over
two years."

Our Kansas friend was the first associate judge for
the territory. And that is how Kansas missed having
one of the greatest cities to be on the continent. We
have reformed so often in Kansas and are working so
vigorously at it now, oratorically and vociferously, with
scare heads top of column on the first page, that such a thing
as a Kansas man abandoning a public job today and run-
ning off with a woman is most improbable. But fifty-three
years ago I walked across Kansas City from the river to
Westport, four miles, and I would not judge the man too
harshly — there was then no ten thousand dollar front
foot land in those hills.

In March, 1879, there was again great interest in a
movement on the part of Kansas City, Missouri, for an-
nexation. The legislature passed a concurrent resolution
declaring that the citizens of Kansas were not opposed to
such a movement and authorized the appointment of a

9



130 NEBRASKA STATE HISTORICAL SOCIETY

committee of eight, three from the senate and five from
the house, to investigate the subject. A memorial was
presented to the legislature, signed by George M. Shelley,
mayor, and three councilmen and a committee of five
citizens, in which it was said: "We assure your honorable
body that our people are earnest and sincere in their desire
for annexation, and should the question be submitted to
the electors of the territory proposed to be annexed, it
would be ratified by a virtually unanimous vote. Already
a memor'al to the Missouri legislature for such a sub-
mission of the question has been circulated and largely
signed by our people and will be duly presented by our
representatives for the action of that honorable body."
The legislature authorized the appointment of a com-
mittee of three to confer with the citizens of Kansas City,
Missouri. On the 7th of March a delegation of 125 repre-
sentatives of the business and commercial interests of Kansas
City visited Topeka. A great reception was held, and
speeches were made by Governor St. John, Speaker Sidney
Clarke, Lieut. Governor L. U. Humphrey, and Col. D. S.
Twitchell. The Kansas City guests further resolved:
"That we are more than ever convinced of the great and
mutual advantages that would accrue to Kansas City and
Kansas from a more intimate union with the young empire
state." The Kansas City Times of March 7 published a
map showing the change in the line desired by the people
of that city. The proposed line followed the course of
the Blue from a point on the state line near the southeast
corner of Johnson county, running slightly east of north
to the Missouri river, at this last point being a move six
miles east, comprising about sixty square miles of territory.
It is highly probable that the movement never reached
Jefferson City.

Verily, "There's a divinity that shapes our ends,
rough hew them how we will", as Mr. Shakespeare said.



KANSAS-NEBRASKA BOUNDARY LINE 131

Charles Sumner thus described our situation: "The middle
spot of North America — calculated to nurture a power-
ful and generous people, worthy to be a central pivot of
American institutions." William H. Seward said: "Kan-
sas is the Cinderella of the American family." Surely we
were cuffed about like a household drudge, and now we
are feeding and leading the world. Again Seward said in
Lawrence, September 26, 1860: "Men will come up to
Kansas as they go up to Jerusalem. This shall be a sacred
city." Henry Ward Beecher, whose bibles and rifles are
a part of our history, said: "There is no monument under
heaven on which I would rather have my name inscribed
than on this goodly state of Kansas. " Abraham Lincoln at
Springfield, Illinois, in 1857, said: "Look, Douglas, and
see yonder people fleeing — see the full columns of brave
men stopped — see the press and the type flying into the
river, and tell me what does this! It is your squatter
sovereignty! Let slavery spread over the territories and
God will sweep us with a brush of fire from this solid globe. "
At our quarter centennial celebration held in 1879, John
W. Forney said: "If I had been commanded to choose one
spot on the globe upon which to illustrate human develop-
ment under the influence of absolute liberty, I could have
chosen no part of God's footstool so interesting as Kansas.
Yesterday an infant, today a giant, tomorrow — who can
tell!"

These excerpts will show the inspiration under which
Kansas was born. The character of the proposed state,
her institutions, a high ideal of public policy and morality,
gave tone to all discussion, marred only by a suspicion
on the part of some whether she could in a material sense
maintain it at all.

And so the only trouble we have ever had about the
boundary lines of Kansas has been from the people on the
outside endeavoring to get in.



NEBRASKA AND MINNESOTA TERRITORIAL
BOUNDARY

By Albert Watkins

Indiana territory was organized by act of congress
May 7, 1800, effective July 4, 1800, out of the Northwest
Territorj% comprising all of it down to the Ohio river and
west of a line which ran north from the mouth of the Ken-
tucky river to Ft. Recovery, passing through the strait of
Mackinac; the western line was the western boundary of
the original U. S. territory, that is, the Mississippi river,
etc. (Mercer's Maps No. 21; U. S. Stat, at Large, v. 2,
p. 58). Indiana became a state through the enabling act
of April 19, 1816, and the joint resolution of congress,
December 11, 1816. Its lower eastern boundary was
extended to the Ohio line; its north boundary was pushed
ten miles farther north ; othei-wise it retained its last ter-
ritorial form. (Mercer's Maps Nos. 20 and 31; Stat. 3,
p. 289, Ibid., p. 399). The part of the Northwest Ter-
ritory east of Indiana became the state of Ohio in 1803
(Mercer's Maps, 23: enabhng act, April 30, 1802, Stat.
2, p. 173; supplementary act, February 19, 1803, Stat. 2,
p. 201). The state was bounded on the north by Lake Erie
and a line drawn due east from the southern extremity of
Lake Michigan to an intersection with Lake Erie; on the
east by Pennsylvania; on the south by the Ohio river;
on the west by a line drawTi due north from the mouth of
the Great Miami river to the north boundary line.

Michigan territory was organized by act of January
11, 1805; effective June 30 (2 Stat., p. 309), comprising

(132)



i



NEBRASKA-MINNESOTA BOUNDARY 133

the southern peninsula — its southern boundary being a
line drawn from the extreme south bend of Lake Michigan
east to intersect with Lake Erie — and a point cut off
the northern peninsula by a line drawn from the northern
extremity of Lake Michigan north to the Canadian line
(Mercer's Maps No. 27). April 18, 1818 (3 Stat., 428-431),
all the territory of Illinois north of the state and that
strip lying between Lake Michigan and Lake Superior
"which was included in the former Indiana territory" was
added to Michigan (Mercer's Maps No. 34). June 28,
1834 (4 Stat., 701), all territory north of the state of Mis-
souri and of a line extended to the Missouri river, and east
of the Missouri and White Earth rivers was added to
Michigan for temporarj^ government (Mercer's Maps No.
45). Michigan became a state by act of congress, January
26, 1837 (Stat. 5, p. 144; Mercer's Maps, 48).

Illinois territory was organized out of Indiana, Febru-
aiy 3, 1809 — effective March 1 — (2 Stat, 514). The
eastern boundary extended north along the Wabash river
from its mouth to Post Vincennes, and from that post due
north till the line left the Wabash and proceeded to the
Canadian boundary. The new territory comprised all of
the original Northwest Territory west of this line. A
narrow strip on the northeast was left to Indiana (Mer-
cer's Maps Nos. 28 and 36). Illinois became a state De-
cember 3, 1818, by joint resolution of congress (3 Stat.,
536; enabling act, April 18, 1818, Ibid., p. 428; Mercer's
Maps, 36).

Wisconsin territoiy was organized by act of congress
April 20 — effective July 3 — 1836 (5 Stat., p. 10).
The eastern border of the territory, up to the northwest
point of Lake Superior was the same as that of the state
now; it comprised all of Michigan westward, including the
territory northeast of the Missouri river. It became a
state May 29, 1848 (Mercer's Maps Nos. 47 and 57;
Stat. 9, p. 233).



134 NEBRASKA STATE HISTORICAL SOCIETY

Iowa territory was organized by act of congress June
12 — effective July 3 — 1838 (5 Stat., 235), comprising
all of Wisconsin west of the Mississippi river. It became
a state by act of congress, December 28, 1846 (Stat. 9,
pp. 56 and 117; Mercer's Maps, 50 and 55).

Minnesota territory was organized by act of March 3,
1849 (Stat. 9, 403), comprising all of Iowa territory not in
the state of Iowa and all territory of Wisconsin not in-
cluded in that state. These two tracts had been left over
without organization since Iowa was admitted as a state
in 1846, and Wisconsin in 1848 (Mercer's Maps, 58).
This west boundary of Minnesota became the northeast
boundary of Nebraska territory when it was organized
May 30, 1854 (Mercer's Maps, 63). By act of congress.
May 11, 1858, Minnesota became a state, leaving its
western half nameless until it was included in Dakota
territory March 2, 1861 (Stat. 11, p. 285; Mercer's
Maps, 65 and 69).



TERRITORIAL EVOLUTION OF NEBRASKA
By Albert Watkins

All of the Louisiana Purchase south of Mississippi
territory and of an east and west line on the thirty-third
parallel of latitude — the northern boundary of the present
state of Louisiana — was called the Territory of Orleans;
all above that Hne was called the District of Louisiana.
The Sabine river was fixed upon as the west boundary of
the Territory of Orleans (Mercer's Maps, No. 24 and
description, p. 18). The executive power of the territory
of Indiana was extended over the District of Louisiana
and the judges and governor of Indiana were authorized
to make all laws for the district and establish inferior
courts; the judges of Indiana, or any two of them, to
hold courts in the district. This first arrangement for the
government of the Purchase was made by act of congress,
March 26, 1804. (2 Stat., p. 287). March 3, 1805 (2 Stat.,
p. 331), the name District of Louisiana was changed to
Territory of Louisiana. An independent governor was
provided for the territory who with three judges was em-
powered to make all laws. April 30, 1812, Louisiana
became a state with its present boundary (2 Stat., pp.
641, 701-704, 708; Mercer's maps, 29). June 4, 1812
(2 Stat., p. 743), the name of the Territory of Louisiana
was changed to Missouri, the act to take effect the first
Monday in December of that year.

By the treaty of February 22, 1819, between Spain
and the United States, the boundary was run due north
along the 23d meridian from the Red river to the Arkansas
river, thence along the Arkansas to its source and thence

(135)



136 NEBRASKA STATE HISTORICAL SOCIETY

north to the forty-second parallel of latitude. Spain thus
gained a considerable tract east of the original mountain
boundary (Stat. 8, p. 252; Mercer's maps, 37). October
20, 1818, the present northern boundary — the 49th
parallel — between the British possessions and the United
States from the Lake of the Woods to the Rocky moun-
tains was fixed (Stat. 8, p. 249; Mercer's maps, 35).
June 15, 1846, the line was extended west to the Pacific
ocean (9 Stat., p. 869; Mercer's maps, 54). By treaty
of February 2, 1848, proclaimed July 4, same year, the
Mexican — formerly Spanish — territory of Upper Cali-
lifornia and New Mexico was annexed to the United
States - and boundary lines defined. The 42d parallel
was the northern boundary (Stat. 9, p. 922; Mercer's
maps, 56). This treaty recognized the right of the United
States to Texas which had been annexed by resolution
of congress, December 29, 1845 (9 Stat., 108; Mercer's
Maps, 53). By authority of an act of congress of Septem-
ber 9, 1850, the United States acquired, by purchase, all
that part of Texas lying north of latitude 36° 30' and that
part west of longitude 103° and north of latitude 32°. By
the same act New Mexico was organized as a territory.
Its east and north boundary ran from the intersection of
the 32d parallel of latitude with the 103d meridian north
to the 38th parallel ; thence west to the mountains; thence
south along the crest of the mountains to the 37th parallel;
thence west along that parallel to the boundary line of
California. (Stat. 9, p. 446; Mercer's Maps, 60). Utah,
organized by an act of the same date, comprised all the
territory north of New Mexico — up to the 42d parallel —
and between the mountains on the east and California on
the west. (Stat. 9, p. 453; Mercer's Maps, 60). A strip of
the territory purchased from Texas, about three-fourths of a
degree in width on either side of the 30th meridian, extended
north to latitude 42°. Since the original territory of Ne-



TERRITORIAL EVOLUTION OF NEBRASKA 137

braska ran west to the summit of the mountains, it em-
braced the uppermost part of this strip, which Texas had
wrested from Mexico, and also the small northeastern
corner of original Spanish — subsequently Mexican —
territory east of the mountains and just below the 42d
parallel. The part of original New Spain or Mexico, and
Texas formerly comprised in Nebraska, now lies in Colorado
and Wyoming. That part of this projection lying west
of the mountains went to Utah. The "Public Land Strip"
lying between the 100th meridian on the east, the 103d
meridian — the east boundary of New Mexico — on the
west, Colorado and Kansas — 37th parallel of latitude —
on the north and the present line of Texas on the south —
as fixed by act of congress, September 9, 1850 (9 Stat., p.
446), was included in the territory of Oklahoma by its
organic act of May 2, 1890 (26 Stat., p. 82).

March 2, 1819,— effective July 4 — (3 Stat., p. 493)
the territory of Arkansas was organized. It included all
of the territory of Missouri south of 36° 30' (except the
northeast corner between the Saint Francois river and the
Mississippi river down to 36°) running to the west bound-
ary of the Purchase according to the treaty of 1819 (Mer-
cer's Maps, No. 38). March 6, 1820, congress passed an
act enabling Missouri to become a state (3 Stat., p. 545),
and, on complying with an additional condition of congress
made March 2, 1821 (3 Stat., p. 645), the territory was
admitted as a state, by proclamation of President Monroe,
August 10, 1821 (3 Stat., p. 797, App. 2; Mercer's Maps,
41). May 26, 1824, the western part of Arkansas territory
was cut off leaving the western boundary forty miles west
of Missouri; and May 28, 1828, the western cut-off was
given to the Cherokee Indians with a strip added on the
east, carrying their east line as far east as that of Missouri
(4 Stat., p. 40, and 7 Stat., p. 311; Mercer's Maps, 43 and
44), and it was also carried north to the thirty-seventh



138 NEBRASKA STATE HISTORICAL SOCIETY

parallel. An act of congress of June 30, 1834 (4 Stat., p.
729), provided, "that all that part of the United States
west of the Mississippi and not within the states of Mis-
souri and Louisiana or the territory of Arkansas . . .
be taken and deemed to be the Indian country." This
comprised all of the Purchase not specifically excepted.

By act of congress, June 7, 1836 (5 Stat., p. 34), and a
proclamation by the president, March 28, 1837 (Ibid.^
App. 1, p. 802), the "Platte Purchase" was added to the
state of Missouri, extending its northwest boundary to the
Missouri river (Mercer's Maps, 49). June 28, 1834, all
the territory bounded on the east by the Mississippi river;
south by the state of Missouri and a line drawn due west
from the northwest corner of that state to the Missouri
river; southwest and west by the Missouri river and the
White Earth river; and north by the northern boundary of
the United States was added to the territory of Michigan
(Stat. 4, p. 701; Mercer's Maps, 45). Arkansas became a
state with its territorial form June 15, 1836 (Stat. 5, pp-
50 and 58; Mercer's Maps, 46).

The Oregon treaty of June 15, 1846, definitely de-
limited from the British possessions all that territory south
of the forty-ninth parallel and the middle of the channel
which separates the continent from Vancouver Island and
Juan de Fuca strait down to the forty-second parallel —
the northern line of the acquisition from Mexico — and
west of the Rocky mountains, the western line of the
Purchase (9 Stat., p. 869; Mercer's Maps, 54). By act
of congress, August 14, 1848, this area was organized into
a territory (Stat. 9, p. 323; Mercer's Maps, 58).

By act of March 2, 1853, all of the territory of Oregon
north of the Columbia river and the forty-sixth parallel —
all west of the Purchase and north of the Columbia river —
and the extension of that parallel from the point of its
intersection with the river east to the Rocky mountains



TERRITORIAL EVOLUTION OF NEBRASKA 139

became the territory of Washington (Stat. 10, p. 172;
Mercer's Maps, 61).

Oregon became a state February 14, 1859, comprising
its territorial area west of a line running due north to the
mouth of the Owyhee river, continuing north along the
Snake river to the mouth of the Clearwater river, thence
due north to the British boundary Hne. The part east of