Minnesota weekly times. [volume] (St. Paul, Minn.) 1854-1859, 1856-01-12

ton or effort. The contact of the savage with
civi!ised man always produces q state Of things,
which, in it's s6ects and tendencies, are most try-
ing and di6cnlt to manage to the satisfaction of
the public Yet, am glad to say, all Nus far
has resulted IN maintaining peace and friendship,
Of the Territorial administration. 1t i believed
that, by~ tender regard for the welfare of these
Indians, and maintaining a steady and firm policy
in protecting them from the wrongs they some
times suffer, We shall be able to secure the con-
tinuance OF q permanent peace, until they and
their whole race shall melt away before that
"manifest destiny" which surely awaits them.
Your attention. is called to the urgent necessity
of increasing the salaries Of tho Auditor, Treau
rcr, and Superintendent of Common Schools. 1t
has been with the utmost difficulty that cOmpe-
tent persons have been induced to accept and hold
these Offices. Heretofore | have RETAINED from
pressing this matter on your attention, owing to
our supposed inability to meet any increased de
mand upon the treasury. But now no such apol
ogy can be urged, as we have ample population
and wealth to pay Eve Or six times the present
meagre compensation of these officers, without
placing heavier burdens upon tine tax payers, than
at the time Of the passage of the law regula-
ting the salaries. The sum paid to each at pres
ent is as follows: tsgs IL "a
saperintendent Common schools. 90
Making he whole amount to b. paid by the people
OF the rerrityry Tor these onicers %
When these salaries were fixed by law, the tax
able property of the Territory amounted to u lit
tie over one and a half million dollars; while in
1856 it is estimated at more than fifteen millions.
The duties of the Auditor, Treasurer, and Super
intendent OF Common Schools continue to increase
with the increase of population. The absolute
necessity of increasing their salaries to at least
FIVE hundred dollars each, cannot therefore be too
strongly urged upon your consideration. 1t is
my conviction that no competent persons can be
prevailed upon to hold these positions, SO impor-
tant to the interest Of the Territory, for less
sum, unless they are expected to disregard the
requirements Of the law, and give them no atten-
ton except incidentally. Ii is also necessary that
the law regulating the payment of Territoi al tax
cs into the Treasury, be amended. ....... =
And it is hoped you will consider this subject
at an early day. And it will be seen that your
revenue laws in many particulars radically
defective and insufficient. You will find also,
that there exists a stern necessity for requiring
more promptness and fidelity in the discharge of
the duties of the several county officers, and you
will materially subserve the interests of thepeo
pie by providing for Auditors in each county. !.
Since the last session of the Legislature, it has
been deemed necessary under the Territorial
laws, and under the provisions of the Organic
Act, to appoint certain off GERS in the several
organized counties. The Congress of the United
States has given US an Organic Act, and we, as a
Territory, have accepted it, and proceeded to the
discharge of governmental duties under its pro-
visions. 1t is therefore Constitution. The It'll
section reads as follows:
otherwise provided shall be appointed eleced the
case be- in such asshalr provided the Cover
nr and Legislative scmbly the Territory Minnesota
The Governor shall nominate, and by AMI with the advice and
provided for and in the AIRS, Instance the Cover
nor alone may sppDnt all who shall hold he Of
bly," -. 1850 ''
Under this section, officers have been appoint
ed in the counties of Dodge, Steel, Olmsted,
Rice, Carver, Superior, Wright and Stearns. The
power to do SO has been supposed to be given by
the terms of the foregoing section. 1t is clear
that the Legislature may provide for the election
OF all township, district and county officers. But
if it should fail to do so, after constituting the
counties by metes and bounds, AMI after giving
them name, where docs the power to give the
instruments to execute the laws, reside? If they
are counties, they must be supposed to be nhabi-
ted; for if they were not, no Legislature would
be likely to lay off unoccupied Territory by metes
and bounds, and call them Counties In some
instances, the law required the Governor to ap-
point, in others, it did not, but left it in doubt.
nor did it attach the unorgan:zed to any organized
county for judicial purposes, VIII 'reby under ex-
isting laws, they could be protected in their civil
right, or properly exercise aiy political privileges
these people to secure their rights legal voters
and citizens of the Territory? 1t surely was not
the design of the law making power that the Cit
liens of eight or MING counties should be disfran-
chised! The 18th section of the Organic Act pro-
vides that " in the first instance the Governor
alone may appoint all such of6cers.' WHAT Of
fcers are here meant, was decided by the Supreme
Court of the Territory in lS49, (sec Journal House
of Representatives,, 1S49, page 225,) to be Town
ship, District and County officers
Then, the power to appoint, turns upon the
words, Sin the first instance.'' Is it, then, when
the Territory was first organized, or when the
Counties were first erected? 1t is confidently be.
lieved that the power is in the Governor to ap-
point county officers s'ip the first instanceo should
the law make no provisions on the subject. These
words, Sin the first instance, in my judgment, re-
fer to the creation of County, and the power re-
mains with the Governor, it neglected by the
legislature, as each new county is laid off by law.
1t has been assumed that these words in the Or
ganc Act, sin the first instance the Governor may
appoint" &C., are to be construed to mean, that
the Governor may appoint &c. first after and up
on the organization Of the Territory If this
construction obtain, then the Legislature has on
ly to neglect to provide for the election of off,
GERS, &C., and five or ten thousand citizens may
10y creating districts in which they reside into
countes) be disfranchised and left without pro.
lection OF the law, for nearly one year, until
the meeting of the next Legislature. In my opin-
ion, Congress intended, that upon the organiza-
ton of new counties, the Legislature should pro-
vide by law for the election of such county town.
ship and district officers. And if they failed to
do so, the Governor, who is constituent part of
the law making power, should step forward and
sin the first instance appoint them until the
meeting of the next Legislature, or until such
time Us the law authorized the people to elect
them.
1t should be borne in mind. that under our
laws, unorganized Counties can only be attached
to organized counties for judicial purposes, as an
organized county has its own Jurisdictions, which
is inconsistent with any other jurisdiction unless
special provision is male in the act itself. In one
instance the Legislature declared the county of
Carver an organized county, and attached It to
Hcnnepin county for judicial purposes. The
same Act prescribed the time and manner of
electing oil County andn Township officers, thus
depriving the people Of, Carver County an organ
izatien for more than eight months; and upon the
petition of large number of the citizens of that
county, (''n the first iustancs'') appointed their
officers, to serve until The time prescribed by law
for electing them by tbs people. In view of all
these circumstances, it was deemed proper to ap-
point officers to execute the laws, during the peri
Cd for which the Legislature had left many of
their privileges as citizens in allegiance, thinking
then, as do now, that it was never intended to
disfranchise any part of our fellow-citizens, or
leave them without the means to preserve the
public peace and execute the laws. If, however,
this County had not been declared an organized
nfv fbor of ~:.rk1 Ill