Minnesota weekly times., 1857-05-02

ExscuTIvE OFFICE, !
MIKNHsoTA TBBRIroRY. I

A@3 SOv11WUVs MEssAo8.
81 ExscurvE OFFICE,
81 MIENEsorA TERRITORY. M
Gsnt'snsn ef tbs Council and House Of Repre-
ssstGtjOss
ln pursuance Of the proelamation Of my pre-
decessors, you have assembled to take into con.
sideration mattefs Of Importance 90 vital to the
Territory OF Minnssota, as to require immediate
legislation. The emergency upon which you are
convened being On extraordinary one, it 10 pre-
sumed your proceedings will be chiefly confined
to the subjects designated BY the Executive as
requiring your action. Il is proper therefore that
the accustomed recommendation from this de-
partment be limited to the same topics, unless
others of urgent necessity and later occurrences
be thought to demand your attention.
The present condition Of the laws regulating
the: Territorial Courts seems to require partial
revision. Under the organic act, the Leeislature
has from time to time provided for holding terms
OF the District Courts in each Of the organized
counties. At the first session Of the last Con.
gress, however, an act was passed depriying the
District Judges Of the several Territories Of the
power to hold Court at more than one place in
each judicial District. In the opinion Of the Su-
preme Judges, the laws hsfetsfors enacted
respecting the organisation and iurisdistion Of
the District Courts, and the administration of
justice not applicable to the state of
things created BY the act Of Congress, without
further legislation. The judges therefore declined
holding regular terms Of the District Court, un.
til the requisite provision should be made BY the
Legislature. The ensuing session, being ths last
held by your body, tsrminsted before maturing
the necessary relief. Since your adjournment,
however, it has been ascertained that Congress:
near the close of its last session, again authori.
zed the Judges of the Supreme Court in the Ter
rtory of Minnesota, to hold court within their re-
spective districts in the counties wherein BY the
laws of said Territory, courts have been or may
be established, provided the expenses thereof
shall be paid BY such counties respectively. This
was doubtless intended to remove the present diff.
culty; but it does not entirely restore the courts
to the condition existing prior to the interpretation
Of Congress. 1t is believed to be in your power
fully to complete the remedy. Immediate provi.
sion should be made for dsfrsying the expenses
of the courts to be held in the several counties,
as indicated by the act Of Congress. Such furth-
er measures as may be found necessary, to pro-
vide the most expeditions and general admins
tration of Justice throughout the Territory,
submit to the wisdom of the Legislature to de-
termino.
Herewith transmitted is copy Of the act of
Congress, passed at their last session, TO auth
orize the people of the Territory Of Minnesota to
form Constitution and State Government, pre-
paratory to their admission into the Union on an
equal footing with the original States.''
The provisions of this act are explicit, requir-
ing no explanation. They are liberal and bensi-
cent to the future State of Minnesota. Il is YOUR
province to determine what legislation IL requir-
ed, at your present session, to carry the law into
effect. 1t will devolve upon you to provide for
the compensation of the members of the Consti-
tutional Convention, and for defraying the ex-
penses of that body. The whole subject is sub
mitted to your disposal, in the confidence, that
your action will be prompt and judicious as the
interests of the Territory may demand; and that
tent of the enabling act Of Congress.
That Minnesota has arrived at q period in her
history, when but one step on her own part will
bring her upon an equal footing with the original
States of the Union, must be q subject of just
pride to her citizens, and awaken the admiration
of the friends of political and social progress else
where. In her transition from Territorial to q
State government, we shall behold striking IL
lustration of the conservative power Of Demo
cratic institutions, and still another instance Of
the capability of the people to create and estab-
lish their own form of government. Happily fol
the people of Minnesota, the right Of Organising
their own institutions in their own way, may be
exercised without fear Of molestation or interfer-
ence from any quarter. They may, in peace and
tranquility, add another star to the American con.
steation, and soon assume their rightful position
as an equal member of the confederacy, whose
existence, let US hope, will be perpetual.
An act OF Congress was passed at the last ses-
sion, "making . grant of land to the Territory
of Minnesota, in alternate sections, to aid in thu
construction of railroads in said Territory, &c,s
copy of which is herewith transmitted.
The acceptance and disposal Of this liberal do
nation will ipaugurate q new era in the progress
of our people. It is a boon Of almost inconceiv.
able value to their future interests and welfare.
But vast as may be its benefits, they will not be
wholly confined to our own boundaries. By the
completion of her railroads, not only will the po-
pulation and wealth of Minnesota be greatly 40
celebrated and augmented, but the best means Of
transportation and Intercourse will be afforded,
connecting the older States and the fertile and
inviting territory lying westward to the Pacific
In thus facilitating general commerce between the
Eastern States and the now unpeopled West, Min.
nesota will be performing gigantic part in de-
veloping the power and greatness Of the whole
country, and thereby evincing most properly her
grateful appreciation of the muni6cence Of Con.
gress, and at the same time best securing to her
own enjoyment its advantages.
The obligations and duties flowing from the
conditions of this grant, call for the exercise Of
the wisest judgment on your part. Such measures
should be adopted by the Legislature in relation
to this great trust, as will most speedily secure
the successful prosecution Of the various enter
prises in contemplation. In disposing Of the
lands, it is of paramount moment that the public
interests be constantly kept in view. The direc-
tions of the act Of Congress being specific, their
strict Observance will Be requisite, in order to ac-
quire from the general Government the title to
the lands appropriated. ~
would respectfully suggest for your consid-
GRAFTON, the propriety Of requiring such railroad
companies as may receive portions Of the grant,
to pay annually or semi annually, into the Terri
torial or future State Treasury, such per cent
um upon the gross or net earnings of their res
pective roads, or such other allowance a. you may
deem just and reasonable.
For few weeks past, the public mind in eer-
tain parts Of the Territory, has been greatly ex-
cited, and even alarmed, by rumors Of Indian
depredations on our south western borders. These
rumors had their origin, 20 far az can be learned,
in the shocking outrages recently committed upon
the unfortunate settlers about Spirit Lake, in the
State Of Iowa. 1t appears that early in March
last, party of Indians, said to belong to Q band
known as the W'ak-pe-k kutis, made sudden and
unprovoked attack upon an isolated and unohIend-
ing colony of settlers living in what they believed
to be perfect security, and committed An indis-
criminate slaughter Of all the men, women and
children Of the settlement, Numbering between
forty and fifty souls. Az soon ss they had inaict-
ed this terrible outrage, the savages fed, it il
supposed, to the Yankton country.
The Indians who perpetrated these atrocities
are outlaws from their own tribes. Their exist
ence is incompatible with the safety Of the from