Buffalo County, Nebraska - Chapter 6: Organization of Buffalo County Returns of an Election Ixn Buffalo, 1916

COUNTY IN 1858 - NEWSPAPER ACCOUNT OF AN ELECTION OF COUNTY OFFICERS IN i860 - BUFFALO COUNTY ORDERED TO ENLIST SOLDIERS IN 1862 - AN ACT OF THE TERRITORIAL LEGISLATURE TO CONTINUE THE ORGANIZATION OF BUFFALO

It has generally been understood and accepted that the first organization of Buffalo County was in the year 1870, the appointments to office in the county being made by Governor David Butler on petition of Patrick Walsh, Martin Slattery and Sergeant Michael Coady, the tradition being that Governor Butler named Patrick Walsh as probate judge with power to appoint temporary county officers and that Probate Judge Walsh did so name and appoint the first county officers and yet, there are official records which disclose that there was a county organization in Buffalo County in territorial days, possibly dating from the year 1855 when the county was first named and its boundaries established. These records seem to disclose that the said county was divided into one or more precincts and that there was elected county officials. In the office of the secretary of state there is an election return from Buffalo County for the year 1859 as follows :

"This is to certify that at a general election held in the several precincts of and for the County of Buffalo and Territory of Nebraska on Tuesday, October II, A. D. 1859, the following named persons received the number of votes' annexed to their respective names for the following described offices :

It is understood that in the canvass of the returns for member of Congress and for territorial officers the votes from Buffalo County, as above certified to,

The Huntsman's Echo was published at Wood River Centre (now Shelton) in 1860-61. The following account of an election of county officers, taken from the Huntsman's Echo of November 2, i860, makes certain that there was a county organization in Buffalo County in territorial days and previous to the year 1870. Files of the Huntsman's Echo are in possession of the State Historical Society and from which the following account of the election is taken :

"The election on Tuesday last (November 6th) in our county went off as quietly and pleasantly as we ever witnessed. Forty-two votes were cast, thirtynine of which Mr. Morton (J. Sterling Morton) received and the three others were given to J. P. Daily. Our humble self (Joseph E. Johnson, editor of the Huntsman's Echo) received the largest number of votes for representative of the Hall County district. Henry Peck was elected probate judge; J. H. Wagner, Joseph Huff and Thomas Page, county commissioners ; P. H. Gunn, sheriff ; L. Vanalstyne, coroner; J. E. Boyd and J. H. Wagner, justices of the peace; J. E. Boyd, treasurer and register; Edward Huff, county clerk; P. H. Gunn and John Evans, constables; and our learned self (Joseph E. Johnson) superintendent of schools.

"We did not see one drunken or boisterous man through the day and we enjoyed the fulness of democratic harmony and union. So much for Buffalo County and her industrious, peaceful and democratic law-and-union-loving citizens."

The records in the office of the governor disclose that "On September 16, 1862, Buffalo County was ordered to enlist its quota of men to fill the ranks of the First Nebraska Regiment."

H Buffalo County was unorganized to whom was this order issued? In the muster roll of the First Nebraska Regiment, found in the office of the adjutant general. Department of Nebraska, Grand Army of the Republic, are the names of men who enlisted in the First Nebraska whose address are given as Fort Kearney. Among the names is that of John Oliver, who it is known was a resident of Buffalo County and later, in 1870, served as sheriff of the county, and it is believed that of the enlistments in the First Nebraska Regiment at Fort Kearney at that date, a portion, at least, of the number were credited to Buffalo County, the office or place for enlistment being Fort Kearney.

That there was a coimty organization in Buffalo County previous to the year 1870, attention is invited to a special act of the Territorial Legislature passed and approved February 12, 1866.

It will be noted that while this act is "to continue the organization of the County of Buffalo, Nebraska Territory." it has especial reference to the office of probate judge in said Buffalo County. Attention is invited to the fact that this is a special act of the Legislature applicable to Buffalo County only.

At the session of the Legislature this act was passed, Isaac Alberton represented the counties of Platte, Merrick, Hall, Buffalo, Kearney and Lincoln in the Territorial Council and John Walliohs the counties of Platte, Hall, Buffalo and Merrick in the House.

"Section i. Be it enacted by the Council and House of Representatives of the Territory of Nebraska: That the probate judge of the County of Buffalo, Territory of Nebraska, is hereby authorized and required to appoint all officers in said county necessary to complete county and precinct organizations ; said persons so appointed to qualify before and file their bonds with said probate judge, the same to be approved by him and to be of the same amount and tenor as now provided by law, and to hold their offices respectively until the next general election succeeding their appointment and until their successors are elected and qualified.

"Section 2. Said probate judge is further authorized and required to demand and receive all records, books and papers belonging to said county, and safely keep the same until the proper officer in whose custody they may severally belong, shall have been appointed and qualified as provided in the foregoing section of this act.

In this chapter covering the organization of Buffalo County it has been shown that in the year 1859, in the County of Buffalo, Territory of Nebraska, an election was held, in which 292 votes were cast and the election returns certified to the secretary of state for the territory by George Miller, county clerk of Buffalo County, Nebraska Territory. It is further proposed to show by official records in the office of the secretary of state that in the year 1866 elections were held in Buffalo County, Territory of Nebraska, certified to by a county clerk who used an official seal of the county.

The first election returns in the office of the secretary of state in which it appears that a seal was used by the county clerk of Buffalo County, Nebraska Territory, is as follows :

"This is to certify that at an election held in the several precincts of Buffalo County, Nebraska Territory, on Saturday, the 2d day of June, A. D. 1866, the following named persons received the number of votes annexed to their respective names for the following described offices, to-wit :

"Governor - J. Sterling Morton, 32; David Butler, 10. Secretary of State - Chas. W. Sturgis, 32; T. P. Kennard, 10. State Auditor - Guy C. Barnum, 31; John Gillispie, 10. State Treasurer - St. John Goodrich, 33; Augustus Kountze, 9. Chief Justice - Wm. A. Little, 35 ; O. P. Mason, 7. Associate Justice - E. W. Thomas, ^;^; B. E. B. Kennedy, 33. Associate Justice - L. Crounse, 9; George B. Lake, 9. Representative in Congress - John R. Brooks, 32 ; T. M. Marquette, 9. For the constitution, i vote. Against the constitution, 41 votes.

"This is to certify that at an election held in the several precincts of Buffalo County, Nebraska Territory, on Saturday, the 2d day of June, A. D. 1866, that the following named persons received the number of votes annexed to their respective names for the following described offices, to-wit:

"U. Kummer received 34 votes for state senator. Fifth Council District. James E. Boyd received 42 votes for state representative for joint district of Platte, Merrick, Hall and Buffalo counties.

At this election James E. Boyd was elected as representative in the Territorial Legislature. Joseph Boyd, who certified to the election returns as "county clerk," was a brother of James E. Boyd.

It will be noted that James E. Boyd was elected a justice of the peace and also county treasurer of Buff'alo County at the November election in the year i860.

"This is to certify that at a general election held in the several precincts of Buffalo County, Nebraska Territory, on Tuesday, the 9th day of October, A. D. 1866, the following named persons received the number of votes annexed to their respective names for the following offices, to-wit :