Representative Fenner Ferguson

Fenner Ferguson (April 25, 1814 – October 11, 1859) was an American attorney, jurist, and Democratic politician who became a leading legal and political figure in the Nebraska Territory. He was most notable for his service as a member of the Michigan House of Representatives in 1849, as chief justice of Nebraska Territory from 1854 to 1857, and as Delegate to the United States House of Representatives from Nebraska Territory from 1857 to 1859.

Ferguson was born in Nassau, Rensselaer County, New York, on April 25, 1814, the son of Stephen Ferguson and Dorothy (Palmer) Ferguson. His father owned and operated a farm, and Fenner Ferguson worked on the family farm during his youth while attending local schools. He completed his early education at Nassau Academy, where he prepared for a professional career. Deciding to pursue the law, he undertook legal studies in Albany, New York, reading law in the firm of Coon and Branhall.

After completing his legal training, Ferguson was admitted to the bar in 1840. He commenced the practice of law in Albany as a partner in the firm of Coon, Branhall, and Ferguson, gaining experience in a range of civil and criminal matters in a growing commercial center. In 1841, he married Helena E. Upjohn of Troy, New York. The couple became the parents of four sons: Arthur N., Alfred G., Stephen W., and Charles F., and Ferguson’s early professional years in New York combined an expanding legal practice with the responsibilities of a young family.

In 1846, Ferguson moved west to Albion, Michigan, where he continued the practice of law and quickly became active in public affairs. A Democrat, he served as master in chancery and as district attorney, positions that reflected both his legal ability and his standing in the community. In 1849, he was elected to the Michigan House of Representatives, where he participated in state legislative deliberations during a period of rapid growth and development in Michigan. His service in the state legislature helped establish his reputation as both a lawyer and a lawmaker.

Ferguson’s growing prominence led to his appointment on the expanding American frontier. In 1854, President Franklin Pierce appointed him chief justice of the Nebraska Territory, and Ferguson relocated to Bellevue, in what was then a newly organized territorial jurisdiction. As chief justice, he played a foundational role in establishing the territory’s legal framework. He organized the first district and supreme courts of Nebraska and assisted the first territorial legislature in drafting and enacting the initial code of laws for the government of the territory. His work helped provide the institutional and statutory structure necessary for civil order and governance in Nebraska during its formative years.

In 1857, Ferguson resigned as chief justice after being elected as a Democrat to serve as the non-voting Delegate to the United States House of Representatives from Nebraska Territory. He served in the 35th Congress from March 4, 1857, to March 3, 1859. As a member of the Democratic Party representing Nebraska, he contributed to the legislative process during one term in office, participating in debates and committee work at a time of mounting national tension over slavery, territorial expansion, and the future of the western territories. Although he could not vote on final passage of legislation, he represented the interests of his territorial constituents, advocated for Nebraska’s development, and took part in the broader democratic process in the House. He was not a candidate for renomination in 1858.

After the conclusion of his congressional service in March 1859, Ferguson returned to Bellevue, Nebraska Territory. His later months were spent in the community where he had earlier helped establish the territorial judiciary and where he remained a respected figure. Fenner Ferguson died in Bellevue on October 11, 1859. He was buried in Bellevue Cemetery in Bellevue, Nebraska, leaving a legacy as one of the early architects of Nebraska’s legal and political institutions and as a territorial representative in the national legislature during a critical period in American history.