The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1852-01-10


ded for by general laws, or transferred
to competent, subordinate tribunals. In
Territory so widely extended as ours,
a majority of the members of the Legis-
lative Assembly can have but little per-
sonal knowledge of the merits of most Of
the local questions upon which they are
called to act, and considerations of econ
omy, as well as sound policy, direct that
enactments ofthis class should be brought
more nearly home to those Immediately
interested in their results.
Much mischief has everywhere arisen
from the instability and Inconsistency Of
legislation. In the new Territories of
the West, especially, loose and tickle
Legislation has been much too common.
Laws are enacted one year, without,
perhaps, much consideration; and the
succeeding year modified or repealed
with fully as little deliberation, asd in a
manner which often leaves the public
and even interpreters of the law, in doubt
what is abrogated, and what continued
in force. 1t is greatly to be desired, that
in the early career of Minnesota, this
harlequnism of leg islation may be avoid
ed, and that the confusion of redundant
and Improbable laws may be foreign to
our statute books. The code, which
was prepared at the last session of the
Legislative Assembly, has been pub
lished at considerable expense; and be-
fore prejudging, without fair trial, its
provisions, and indiscriminately amend
ing or repeating them upon charitable
suspicion that they are wrong in theory,
or injurious or inconvenient IN practice,
it may be well to await the lessons of
positive experience in regard to their de-
fects and merits. Our line should be IL
middle course between extremes; not
adopting crude experiments, or pursuing
doubtful novelties; nor yetrcsisting with
out distinction all Improvement as ill-ad-
vised innovation. A cautious and con-
siderate policy, if persisted in for a few
years, will gradually become habitual,
and to wholesome extent impress itself
! upon the Territory, and the future man.
agement CT its affairs.
The present division of our judicial dis
tricts seems inadequate to the exigen-
cies of the Territory. The increasing
settlement of the country has outgrown
the system; and in your deliberations
touching the judiciary, you arc respect
fully requested to provide suitable and
proper remedy for the deficiency. In
the instance Of Pembina county, urgent
reasons exist for a change in the consti-
tuition of the districts. The rcmoteness
of this county from the county to which
the law now attaches it for judicial pur-
poses, operates as n virtual denial to its
inhabitants of the administration of JUS
tIce. From the undetermined state of
the international boundary line, a class
of cases are likely to arise in this coun-
ty of delicate nature, and which can
only be properly settled by judicial in
terventon. A port of entry has recently
been established there, and in this con-
nection, questions will arise, requiring
legal adjudication. Moreover, there are
resident in the county, hundreds of
aliens, who are anxious to avail them
selves of the provisions of the naturaIi-
cation laws, to become citizens of the
United States. Some provision of relief
is clearly demanded; and l commend
the subject to your early consideration.
1t is proved in the social economy OF
this country, rather than in any other,
of any time, that intellectual power take;
the place of physical force. 1t is here,
therefore, that all are interested in pro-
noting the means for the general dtiu-
sion of intelligence. The Territory of
Minnesota. early recognized the impor-
lance ofengrafting upon its policy good
common school system. Hardly had the
first flood of immi grafton, after the Or
ganization of the Territory, reached the
shores of our upper rivers, before public
meetings were held, to devise means for
securing to the rising generation, the in
estlmable blessings of education. AT the
two preceding sessions ofthe legislature,
such provision was made for the main
tainance of public schools, as circum-
stances seemed to warrant. Increased
usefulness and efficiency have been at
tained by the creation, last winter, ofthe
office of Superintendent of Schools; and
| recommend that provision be made by
the present legislature, for fixing the
compensation of this officer. Doubtless
practical defects exist in the present con-
stitution of our school system, which re-
quire corrective legislation, and the sta
tistics collected by the Superintendent,
will present you accurate data for en-
lightened action. | doubt not that the
suggestions Of this officer will be of a ma
ture to commend themselves to your ia
vorable consideration.
BY an act, approved February 10,
1851, the Governor and Legislative AS
sembly ofthe Territory of Minnesota, are
authorized "to make such laws and
needtul regulations as they shall deem
"most expedient to protect from injury
"and waste, sections number sixteen and
thirty-siX in said territory reserved i'm