TOO MANY GOVERNORS Nebraska Goes Nuts.

I am surprised that nobody got lynched in Nebraska during the winter of 1890-91. Tempers were tense on the prairie that winter,  and the newspapers all had a dog in the hunt, so to speak, and they could be trusted to be neither fair nor accurate, but certainly unbalanced. In the election on Tuesday, 4 November, 1890, the Republicans and Democrats split between them seven seats in the state senate and forty-six seats in the house. 

But every other seat, eighteen in the senate and fifty-four in the house, gave a clear majority to an upstart third party, the so called “hogs in the parlor”, the People’s Independent Party. And to those who dream about the transforming- the log-jam busting magic -  of a third party in Congress, let the experiences of the PIPs be a lesson in reality.

Cornhusker politics have often been more colorful than the reticent citizens are wont to admit to outsiders. What other state’s tourism motto could boast with a straight face “We go both ways”? Either they don’t think anybody else is bright enough to get that joke, or they aren’t. And either possibility is not a compliment to the denizens of Nebraska.

Even before Nebraska was admitted to the union, on 7 January, 1859, a fracas of fisticuffs fractured the Nebraska territorial legislature, between those who lived north and those who lived south of the Platte River. It may seem pointless to be divided by a stream famously described as “too thick to drink, and too thin to plow”, a river which, in the late summer, resembles more plain than flood plain, but politics is rarely about reality and doubly so in Nebraska, where reality is so flat and peppered with cow poo. After the brawl the South Platte faction removed themselves across the river to the hamlet of Florence, which had, according to the newspaper “Nebraskian”, “…been, for months, laboring assiduously to delude strangers that it was a city”.

The entire place only became a state over President Andrew Johnson’s veto in 1867. And in the 1870 Supreme Court decision “Baker V. Morton” the justices had to slap down the state’s power structure for stealing land from a poor sod buster and using it to bribe state legislators, in the infamous “Skiptown scandal”. But all of this would prove a mere foretaste to the bounty of bovine pie hurling offered up after the election of 1890.

To the farmers living on the Nebraska prairie in the 1880’s it seemed the railroads were standing on their throats. And to those concerned about Health Care Reform or Union busting, I urge you to study the century long struggle against the railroad monopolies. All across the American west, farmers had bought their land from the railroads. The banks which held their mortgages were owned by the railroads. The only way to get their wheat and corn to market was via the railroads. The only silos to store their harvested crops while awaiting shipment were owned by the railroads. The railroad monopolies set the shipping rates and the silo rates and there was no appeal to their heartless bookkeeping.

Try and start a bank to break the railroad monopoly, and the state legislators would make it illegal. Try and build your own silo, and the state legislators would make it illegal. Politics in Nebraska were so rotten it was said the Union Pacific Railroad picked one of the States’ two Senators, while the other was chosen by the Atchison, Topeka and Santa Fe Railway.

Theoretically the American two-party system should offer the oppressed a choice. But by 1890, thanks to political contributions from the railroads,  the Democrats supported a laissez faire approach to capitalism, while the Republicans were tied to an activist government in favor of the capitalists (i.e. the railroads). The oppressed majority were cow pied out to luck.

Thus was born the Farmer’s Alliance, which morphed into the People’s Independent Party. It was forged in response to decades of railroad corruption, railroad influence selling, and political stagnation - sound familiar? (I'll give you a hint - substitute the word bank or insurance company, oil company for the word railroad)  And then on top of that, a drought not equaled again until the dust bowl of the 1930’s reduced many Nebraska farmers to poverty. According to one mocking Republican observer, the ideal world envisioned by these “hayseeds” was a combination of a Victor Hugo plot and a Baptist revival meeting. But the truth was, all that most of these farmers wanted was for somebody to just acknowledge the railroads were standing on their wind pipe. It was their hoarse cry for justice which had produced the results of the election of November 1890. And when the Nebraska legislature convened in joint session in January of 1891,  things very quickly developed into that Victor Hugo melodrama.

To begin with, the new speaker of the House, Independent Sam Elder, decided he was going to preside over both house of the legislature himself,  bypass both the acting President of the Senate....

... Republican Lieutenant-Governor George de Rue Meiklejohn.  That was plainly illegal and extra-constitutional but Sam figured that desperate times called for desperate measures.

However, Elder’s plans for a grand investigation of election fraud and a remaking of state government were derailed when Meiklejohn grabbed the gavel off the podium and refused to return it. There was a shoving, grasping cat fight for the precious totem, which Meiklejohn eventually won. From this point the business of government in Nebraska got very noisy and ground to a complete halt, all over the issue of the certification of the new governor.

As these things were normally counted, the clear election loser was the Republican candidate L.D. Richards, who received just 68,878 votes. The Democrat, James Boyd, had received 71,331 votes, and was, according to county election officials from across the state (who were all either Democrats or Republicans, of course), the winner. But Speaker Elder was certain the actually winner had been John Powers, the candidate of Elder's People’s Independent Party. Officially Powers had received 70,187 votes, making him second by 1,144 votes. But Elder believed with good reason that 2,000 fraudulent Republican votes had been cast for Boyd in Douglas County, centered on Omaha. And Speaker Elder was demanding an immediate investigation.

With the Republicans siding with the Democrats against the Independents, neither side dared to adjourn. Elder presided from the podium, calling on speakers and announcing votes, while Meiklejohn sat at the clerk’s desk, pounding his gavel while doing the same. Nobody got anything done because nobody could hear anybody else. Sometime after midnight, with the Republicans caucusing with their Democratic allies in an anteroom, Speaker Elder ordered the doors of the chamber locked and told the sergeant-at-arms to admit no one without a written pass from him; check.

Meanwhile, the presumed victor, James Boyd, had requested and received an immediate hearing before the State Supreme Court. Boyd was asking for a writ of mandamus (“…a court order that required another court, government official, public body, corporation or individual, to perform a certain legally required act”). Boyd’s attorney argued his case before three judges of the Nebraska state Supreme Court, in a hearing room crowded with armed angry spectators from various political factions. After the hearing it was expected the judges would retire to consider the arguments. Instead the justices held an immediate huddle and after a few moments Chief Justice Cobb announced that the weighty issues of freedom of speech, suffrage, democracy, public order and good government were all irrelevant. The court had decided that certifying election results was simply a clerical duty and not a matter of choice. Cobb signed the writ of mandamus on the spot and then ran for the exit; checkmate.

The spectators were so stunned they were frozen. And that was probably the only reason none of the freshly disenfranchised voters in the room started shooting. The sheriff of Lancaster County (a Democrat), surrounded by deputies (more Democrats), smashed down the locked doors of the legislative chamber, charged to the front of the room and forcefully served the writ upon Speaker Elder. They practically threw it in his face.

And to everyone’s surprise, Speaker Elder did as he was ordered to do. John Boyd was officially declared the official governor of the state of Nebraska. “Thus”, said Judge Bayard Paine forty-five years later, “tragedy was averted in Nebraska statecraft.” Instead, tragedy was converted into low comedy.

At that point in time the most hated man in Nebraska was probably the outgoing governor, Republican John Thayer. It was Thayer’s open kowtowing to the railroads over the previous year which been most responsible for the defeat of the Republican Party in the past election. And he now refused to surrender his office, saying he would “hold on to the chair, the seat, and the office of Governor until the cows come home.” Whatever happens in Nebraskan politics, one way or the other, it always seems to come down to cows.

While the legislature bickered downstairs, Thayer barricaded himself in the governor’s offices upstairs. He called on 25 men of the State militia under the appropriately named Captain Rhody, who was a Republican,  and the Republican dominated Omaha Police Department, to stand guard over his self. Having finally taken the oath, Boyd moved into other offices in the State House and dispatched the Lincoln County sheriff (again) to take procession of the executive suites. But this time the sheriff ran up against an armed militia which refused to surrender. Fist fights again broke out, until Boyd ordered his side to retire.

On 10 January, 1891 it finally occurred to Captain Rhody that he and his little band of men had been maneuvered out on a limb, and if that limb collapsed he was the one most likely to be lynched from it. Rhody announced to Governor Thayer that “I have saluted you for the last time”, and then marched his little army back to their barracks. Abandoned, Thayer surrendered the Governor’s offices, and Boyd moved in.

But Thayer was far from ready to give up. He hired his own attorney and on 13 January, 1891, appealed to the state Supreme Court. His argument was inventive; John Boyd was not qualified to be governor because he was not an American citizen because he had not been born in the United States. And that made John Thayer the original “birther”.

Indeed Boyd had been born in Ireland in 1834. His family had immigrated to America when he was 14. His father had begun the naturalization paperwork in 1849 but events, both personal and political, had intervened. In 1856 the Boyd family had moved to Nebraska territory and had become involved in business and local politics. They were still residents in 1867 when Nebraska had been admitted to the union over President Andrew Johnson’s objection. But Boyd’s father had never completed the naturalization paperwork. Ergo, argued ex-Governor Thayer, John Boyd was not qualified to be the current governor of Nebraska.

And on 5 May, 1891 the State Supreme Court agreed with Thayer. Of course most of the judges had been appointed by Thayer, but Boyd chose not to call the Lincoln County Sheriff again. Boyd was out and ex-governor Thayer was Governor again. The Nebraska governor's office was beginning to resemble the prize in a game of musical chairs, but without the music. But what Thayer had done was a desperate power grab and doomed to failure in the long run, if for no other reason than it assured that any Irish Republicans in Nebraska were not likely to vote Republican again in the near future.

More immediately, Boyd appealed to the U.S. Supreme Court. Their decision was announced by Chief Justice Fuller: “Manifestly,"  he said, "the nationality of the inhabitants of territory acquired by conquest or cession becomes that of the government under whose dominion they pass…The judgment of the supreme court of Nebraska is reversed…” It was an 8 to 1 judgment, issued on 2 January, 1892. And thus the election of 1890 was finally decided, over a year later. Boyd resumed his office on 3 February of 1892. But, since the Governor of Nebraska served just a two year term, the antics of Governor Thayer and Speaker Elder, had effectively cut Boyd’s term in half.

And that is the kind of political victory that only makes sense when figured by the quarterly profit and loss statements of a corporate board. Politically, the Republicans were still out on that limb, in strong disfavor in Nebraska, and the Democrats made the smart move of courting the Independents.

The frustrated farmers and their leaders had come to the realization that to fight the large railroads would take a national political movement, and the Nebraska Independents, along with similar groups around the nation, found themselves drawn toward the Democratic Party. And in the Presidential election of 1896 they aligned themselves behind Nebraska Democratic Senator William Jennings Bryant, for President. He lost.

And that defeat deflated the Independents. nationally. They never  beat the railroads, which retained a great influence over national politics well into the 1950’s.  But rather than the Democrats absorbing the Independents, in fact the Independents absorbed the Democratic Party. What came out of their joining was a populist Democratic party, a party that saw government as a force to redress grievances, a party which, for all its numerous failings, was a people’s party. And in that small way, the Nebraska populists won. In the long run. The human race is a marathon, dear readers. And none of us will live long enough to win it. But you still have to run.  You might as well at least try to win.  Just to keep it interesting.

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TILL THE COWS COME HOME

I admit that eventually we must all bow to the will of genetics, even if we aren’t common cattle. And when you come up against a human family like the Smith’s of Glastonbury, Connecticut, any argument of nature verses nurture seems almost pointless. Zephaniah Hollister Smith graduated an ordained minister from Yale, but he gave it up because he did not believe in mixing prophets with profits. Allegedly he excommunicated his entire Methodist congregation, and they returned the favor. Swinging to the other extreme Zephaniah then became a successful lawyer. 

His wife, Hannah Hadassah Hickock Smith was a linguist, a mathematician and a poet -  all the more amazing an achievement since she lived in the second half of the 18th century when women were little more than chattel. The couple shared a fascination for astronomy, a passion for the abolition of slavery... and five girls.

 First there was Laurilla Aleroyia Smith, born in 1785, who painted portraits in her own studio just down Main Street from the family home at 1625. . She also taught French in nearby Hartford, and 

taught both Art and French at Emma Willard's School in Troy, N.Y.

Then there was Hancy Zephina Smith, born in 1787. She was of a mechanical mind. She built her own boat, and invented a machine to shoe horses.  She was also a devout abolitionist. She died of whooping cough in 1871.  

Then there was Cyrinthia Scretuia Smith, born in 1788 with a green thumb. She raised fruit trees, grapes, strawberries, and grafted her own varieties of apple trees. In her free time she was also a scholar of Latin and Greek literature. But the real revolutionaries were the two youngest girls.

They told an amazing story about Julia Evelina Smith (born in 1792.) While trapped during a long stage trip with the Chancellor of Yale College and a professor, “Miss” Julia felt insulted when the two men began an animated conversation in French, ignoring her completely. After listening for several minutes, Julia spoke up, saying “Excusez-moi, mais je comprends le français.” Without an acknowledgement of her presence, the two men immediately shifted their discussion to Latin, whereupon Julia interrupted again; “Excuse mihi , EGO quoque narro Latin.” The intellectuals were appalled at the continued interruption and shifted to Greek, and Julia responded with “Και κατανοώ επίσης ελληνική". Finally the Chancellor spoke to the lady directly, demanding, “Who the devil are you!?”

She was a singular woman.  She taught Euclidian Geometry at Emma Willard's School for women during the 1820's. And Julia also spoke and wrote in Hebrew, and had been conducting her own study of both the Old and the New Testaments. 

You see, in December of 1843 many of Smith's neighbors had expected the world to end, and Julia taught herself ancient Hebrew and Greek so she could read the bible in it's original languages, so she could figure out for herself why it had not.

The  youngest sister, Abby Adassah Smith (above. born in 1797) was the quietest of the five, and much to everyone’s surprise (including herself) was perhaps the best public speaker of all. It seems a pity to point out that none of men in the area seemed to have been bright enough to garner any of the ladies’ interests in marriage,  

It also seems a pity that of this entire family, all of them independently financially successful, intellectually powerful and culturally sophisticated, only the father, Zephaniah, was politically empowered. And when he died, on 1 February, 1836, the richest, best educated family in central Connecticut, was no longer allowed to cast a single vote in elections.  

This oddity lay simmering beneath the surface until November of 1873. By now most of the members of the Smith family had gone on to meet their maker - and probably correct him on few items. 

That left only Julia,  now aged 82, and Abby,  now aged 77, remaining to carry the Smith genetic code. 

It was then that the male officials of Glastonbury made the decision to raise the property tax assessment on the Smith farm (above)  by $100. The sisters would have no trouble meeting the obligation, but the increase bothered Abby, and she looked into it. 

What Abby Smith discovered was that in the entire town, only three properties had suffered the reassessment; the Smith farm, and the properties of two widows. Not a single male property owner had been reassessed. 

Abby was so incensed,  she wrote a speech, which she delivered at the next town meeting.  She said, “…here, where liberty is so highly extolled and glorified by every man... one half of the inhabitants…are ruled over by the other half...All we ask of the town, is not to rule over them as they rule over us, but to be on an equality with them.”

Well, the male citizens at the meeting responded to Abby's speech in the same way the Yale Chancellor and professor had responded to Julia. They ignored the little lady. So, the sisters decided more radical action was required. 

They publicly announced that until they received representation (the right to vote), they would no longer submit to any additional taxation. Oh, they paid their property taxes each year, and promptly, but they refused to pay the $100 reassessment.  

In response the tax collector, Mr. George C. Andrews, seized seven cows from the Smith farm. The bovines were almost pets of the Smith sisters -  named, Jessie, Daisy, Proxy, Minnie, Bessie, Whitey, and Lily. The cows were valued well beyond the $101.39 additional tax bill. So the determined sisters dispatched an agent to buy the beloved pets at auction, paying far in excess of the tax bill to save four of them. The remaining three were sold at auction, although I doubt they proved to be worth the price since none of the cows were willing to be milked unless Julia was present.

Meantime, the Springfield Massachusetts Republican newspaper reprinted Abby’s speech, and it was picked up and reprinted in newspapers nationwide. The story was even repeated in Europe. It was, wrote one newspaper, “A fit centennial celebration to the Boston Tea Party.”

In April Abby was denied time to speak again at the next town meeting. So she climbed on board a wagon (above) out side and delivered her remarks from there, this time heard about equally by men and women. When tax time came around again, the sisters still refused to pay the additional assessment. 

This time Mr. Andrews seized 15 acres of Smith pasture, worth about $2,000. And this time he moved the location of the auction at the last minute, so the sisters could not even buy back their own land. The valuable property was bought by a male neighbor for less than $80.  

In response the sisters sued Mr. Andrews in local court,  and they won. The court ordered the property (and the cows) returned to the sisters, and fined Mr. Andrews $10. The city appealed, and the case began the tortuous climb through the courts. In the midst of this trial, Julia married 86 year old Amos Parker of New Hampshire. She was the only one of the five sisters to ever marry.  I'm sure the city fathers of  Glastonbury were expecting the ladies would die before their case reached the state supreme Court, but the ladies had good genes, and they were still breathing in November of 1876, when they court handed them a total victory. The city could either grant their right to vote or pay for the seized property.  The city finally accepted it had been beaten by two very smart lady spinsters and paid up, to avoid letting women suffrage.  

Julia wrote an account of their adventure, “Abby Smith and her Cows”, published in 1877. That made the sisters famous, and they spoke at suffragette meetings, until Julia’s (below, left) death in 1878.  

Abby (above, right)  followed her in 1886. But women still could not vote in Connecticut until the 19th Amendment to the National Constitution was officially passed, in August of 1920. The Smith family home was finally made a National Historical Landmark, but not until 1974. 

The story of  Julia and Abby Smith, and their cows, ought to be considered by members of the modern Republican Party. who would seek to deny citizens the right to directly influence their government. But along with that right comes the obligation to support the government, which wealthy conservatives currently also deny.  You can deny the connection between those two elements of democracy until the cows come home.  But, as these two brilliant women pointed out, both the right and the obligation are essential to any future of America.  You can advocate the destruction of the political system for only so long, because if you succeed in destroying it, you lose everything.

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