The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-03-04
Governor Ramsey on Divorces
EXECUTIVE DEPARTMENT,
Saint Paul, March / 1862.

oaint Iaui, MarCh !, 49,.
To the Hon. the Speaker of the
House of Representative
Sir: return, without my approval, 10
the House of Representatives,, IL which
it originated, an act entitled, ''an act to
DISSOLVE the marriage contract OF Abram
Hull and Julia 4. Hull"
In briefly stating some Of the reasons
which induced me to withhold nv sigma
ture from this act, ii is unnecessary 10
moot the point whether the iurisdiction
over divorces ought not to be confined 10
the Judicial tribunals, under the ii;nia-
tons prescribed by law, inasmuch ~ the
question Of divorce involves invcstiqa-
tons which are properly of judicial
nature. On this point there is 4 great
variety of practice and opinion; nor mas
IN examination of the several papers
which have been submitted to me IN con
nection with this act, and which consii-
tute, l presume, the evidence upor
which the Legislative Assembly have
predicated their action, removed I;oln
my mind any of the objections which are
generally urged to legislative divorces,
on the ground that there is constant liza
biiity to Imposition, and no opportunity
! for a careful scrutiny of the allegations
and proofs of the parties.
The statement of the petitioner 10 the
Legislature is OF the briefest possible
character; the name Of the wife and
several dates are in pencil mark; the
J place Of marriage, the micil OF The
parties at the time Of the ALLEGED desc
ton, or indeed at any other time. are
not even mentioned; nor are the facts
which are set forth, verified by the aii-
davit of the petitioner. Under the dos
ignation- Of proofs accompanying the
| petition" are submitted the dispositions
of Richard Morris, Alex. HUI, and
Milton Bevans, taken some three
months since before james Nj. David
son, n Notary Public for Fulton County
Illinois, in the absence of the wife. and
without notice to her. The dep0nents
state in substance that "the conduct OF
the said Julia was characterized by oh
stinacy, ill-temper, and spiteful dispo-
siticn-that in the spring of 1899. the
said Julia left the residence Of her hus-
band, and went to her fathers residence,
and has not since returned to her SAID
husband" A paper is also suba1ii,ed
which purports to be an agreement be
tween the husband and wife to separate
upon terms.
1t does not appear how. long tn pet
toner has been a resident of .his Terri
tory. learn, however, that he has
been here but few months-thal ,be
parties were married either in Ohio o.
Illinois, and that the wife has never been
within the limits of Minnesota.
In a case like this, where the wrong
complained of is of the miIdest charac
ter that could Possibly justify divorce
where the parties entered into the con
tract which is sought to be dissolved. H.
another State; whtre the alleged wrong
was committed in arpther State; where
the wife has never core within TIE Inn
its of this Territory, ut, submitted her
sell to the jurisdiction OF our courts or
Legislature; where no raticc OF hi.
proceeding has been giyen's her. rea-
deriDg q, divorce, if obtained, in all pro.
ability invalid, as contravenig the COM
mon rule, that Judgment rendered
against party who had no notice OF the
proceedings, is in violation of tie fir.
principles Of Justice, and is null ar"
void--may not the propriety of legisla
tive interference well be questioned:
!. lflegislative bodies assume the cxer
else of judicial powers, they should o..
least not entirely disregard those obvious
/ rules Ct justice which every wherc sose
ern the courts Of law.
Why should not Julia A. Hall have
notice of this application for the dissolU-
tion Of contract entered into between
herself and Abram Hull, the petitioner
Is it not quite possible that she might