The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1852-03-06


MONDAY, March /.
The following message from his Excel
lency, the Governor, was received and
read:
EXECUTIVE DEPARTMENT.
st. Paul, MaIvll l, 1892.
To The Honorable Speaker ofMe House of
Representatives.
SIR:-I return, without my approval,
to the House Of Representatives, in which
it originated, an act entitled IAN act to
dissolve the marriage contract of Abram
Hull and Julia A. Hull"
In briefly stating some of the reasons
which induced me to withhold my sigma
ture from this act, 1t is unnecessary to
moot the point whether the jurisdiction
over divorces ought not to be confined to
the judicial tribunals, under the limita-
lions prescribed by law, inasmuch as the
question Of divorce involves investigations
which are properly of a Judicial nature.
On this point there is great variety of
practice and opinion; nor has an examina-
ton of the several papers which have
been submitted to me in connection with
this act, and which constitute. presume,
the evidence upon which the Legislative
Assembly have predicated their action,
removed from my mind any of the OBJ
iections which are generally urged to
Legislative divorces, OH the ground that
there is constant liability to imposition,
and no opportunity for careful scrutiny
OF the allegations and proofs of the par
ties.
The statement of the petitioner to the
Legislature is Of the bricfest possible
character; the name of the wife and sew
eral dates are in pencil mark the place
of marriage, the domicil of the parties at
the time Of the alleged deser,ion, or indeed
at any other time, are not even mentioned;
nor are the facts which are set forth, ver-
flied by the affidavit of the petitioner
Under the designation Of "proofs accom-
panying the petition" are submitted the
dispositions OF Richard Morris, Alex. Hull.
and Milton Bevans, taken some three
months since before James NJ. Davidson.
a Notary Public for Fulton county, Hi
nois, in the absence of the wife, and with
out notice to her. The deponents state
in substance that "thc conduct of the said
Julia was characterized by obstinacv, ill
temper, and a spiteful sposition-that in
the spring of l849, the said Julia left the
residence of her husband, and went to her
fathers residence, and has not since re-
turned to her said husband" A paper is
also submitted, which purports to be an
agreement between the husband and wife
to separate upon terms.
1t does not appear how long the petit
toner has been resident of this Terri
tory. learn. however, that he has been
here but few months-that the parties
were married either in Ohio or illinois.
and that the wife has never been within
the limits of Minnesota.
In case like this, where the wrong
complained of is Of the mildest character
that could possibly justify divorce !;
where the parties entered into the contract
which is sought to be dissolved, in an
other State; where the alleged wrong was
committed in another State where the
wife has never come within the limits of
this Territory, nor submitted herselfto the
jurisdiction OF our courts or Legislature {;
where no notice of this proceeding has
Oeen gwen to her, rendering divorce, if
ootalned' in all probability invalid, as con-
travening the common rule, that iudg-
ment rendered against party who had no
nctlce OF the proceedings, is in violation
OF the first principles of justice, and is
null and void-may not the propriety of