, 1863-01-03
Governors Message.

1t is well known to your honorable body, that
by the organic act the Governor exercises no
part of the law-making-powe Of this Territory /;
therefore, there is not the same reason for the
Executive to give his views of policy to the as
semblY as would seem to be justified In those
States and Territories in which that Department
has the duty to perform, of asserting to, or dis
approving, Legislative enactments, notwithstand-
ing it is expected the Executive will give his views
annually to the Legislative Assembly, upon mat
ters pertaining to the prosperity and general well
fare of the people.
The first subject of public interest, to which l
desire to call your attention, will be the codlhca-
tion and republication, of our Territorial Laws.
This is the tenth session of the Legislature of
this Territory and its statutes are spread through
as many pamphlets there have been sessions.
Of the laws passed shortly after the organization
of the Territorial Government, few copies were
printed because at that early PERIOD such was
the sparseness of our population, greater num-
Der were not needed. Since then, emigration
has greatly increased our population, and widely
| extended our settlements, where several new
counties have of late years been organized thus
greatly increasing the number of public officers !;
hence the copies of the early session laws, have
long since been exhausted. In the large area Of
country comprising the counties of Walla Walla,
! Shoshone Nez Perce and Idaho, there are very
few complete sets of the laws to be found. Prac-
ticing attorneys are unsuppIied, and are unable
to procure them at any price. Even the copy
now in the Executive office, from necessity was
recently purchased from a private library. In
deed the scarcity is such to render it impossible
to procure copies for the use of members of the
Legislature Courts, Federal, Territorial and coun-
tv officers; especially, should all the officers
elected in the newly created counties, be imme-
diately provided with the laws, to guide them in
the performance of their respective duties. The
people should not be kept ignorant of the laws
under which they live. Should you think it ne
cessary to direct republication it will also be
advisable to provide for proper codifcation, or
revision OF all of said acts, in order to render
them less complicated. The various alterations
which have at various times been made in our
statutes, have increased the difficulty of ascer
tanning what laws remain unimpaired by subse-
quent enactments. The presence of a large mass
of printed matter contained in these several pam
phlets many of which have been so changed and
amended that great confusion has been thereby
produced. In revising and reprntng these laws,
all obsolete and repealed acts, or parts of acts,
should be carefully excluded, that the new cOmpi-
lation of the statutes may consist of such laws
only as remain in force.
DECISIONS OF SUPREME COURT.
Appended 10 the said new code, or in a sepa-
Gale NOluUe, Lut N6ClslOuS OI lle DupIeUl6 OOuIb
should also be published; thus would our public
officers, the courts and the people, be afforded
the opportunity of becoming acquainted with the
law and its construction, without which informa-
ton many good and worthy citizens may inno-
Gently become the volators of statutory enact
ments, the existence of which they are not in
formed. Convenience, necessity and Justice to
the people require proper Legislative action at
this timeS and trust your honorable bodies will
not close your labors without adopting suitable
measures upon this subject.
DIVORCES.
l should be recreant to the duties l owe to So
ciety if l failed 10 call your serious attention to
the sad and immoral effects growing out of the
readiness with which our Legislative Assemblies
have heretofore arnulled that most solemn con-
tract of marriage. Let me earnestly invoke you
to stay the evils which result from the Legislature
granting divorces, thereby destroying the sacred
responsibilities and duties of husband and wife,
merely upon the request or petition of one of the
parties.
Without intending to trespass upon your law
making province, permit me to suggest for your
consideration the fact that the present laws de-
clare marriage to be civil contract therefore,
all breaches or violation of its conditions are
proper subj jects for the Judiciary alone, and not
for Legislative enactment, upon one sided or eX-
parte statements. The law as it stands upon the
statute books of the Territory, has conferred full
jurisdiction upon the courts in all cases belonging
to divorces, which is the only tribunal that can
deliberately hear and examine all the witnesses
on both sides of those unfortunate domestic diff
fcuties of the parties applying for dissolution
of the marriage contract The Legislature sell
dom has the opportunity of hearing any witnesses,
even on the side of the complaining party, and
never can have before them all the witnesses CON
nected with both parties, especially so necessary
to the proper adjudication of these cases. 1t will
also be necessary to remember, that in divorces
the Legislature cannot decree, or enter judgment
for alimony, division of property belonging to
the married parties, nor legally decide whether
the separated husband or wife shall lawfully con-
tinue the possession, care and control of their
children.
The Courts alone have full power to render f.
nal judgment and decree for alimony, division Of
family property, and direct who shall have the
care and control of the minor children. Many
of the Legislatures of the States for several years
past, have positively refused to grant any divor-
ces Eminent lawyers are agreed in the opinion,
that all divorces granted by Legislatures are en-
tirely unconstitutional, and therefore null and
void, for the reason that no act of Legislature
can destroy, annul, violate, or set aside the said
civil contract, nor the sacred and religious Obga-
tions and bonds mutually entered into by man
and wife at the solemnization Of their marriage.
1t is at all times very serious and delicate mat
ter for any person persons to interfere, in any
manner in the unhappy quarrels and family diff
cultes of man and wife. There are but few sub
iects brought before the Courts of our country
requiring to be treated with more deliberate care
and caution than divorces. Whenever a legis!a-
tive body takes any action in cases Of divorces, it
is not improperly regarded as an infringement
upon the legitimate province of the Courts. For
these reasons, l trust your honorable body will
firmly refuse to interfere with the rights of hus-
band and wife. Applicants seeking separation
should be directed to the Courts of our Territory
where they can receive all the relief and remedy
for their grievances which the laws of our coun-
try afford.
MAIL ROUTES.
Our Territory is rapidly filling up with popula-
tion the number of settlements are constantly
increasing, and extending over localities, but
short time ago familiar only to the red man.
This renders increased mail facilities absolutely
necessary to supply the growing wants of our
people. You are best aware what new mail
routes are needed-what are the postal necessi-
ties of the districts and counties you represent
this as a subject of decentralization to Congress,
is ell worthy of your early attention.
SURVEYS.
In repy to enquiries for statistical information,
the SURVEYOR Generals statement shows that
since the organization of that office nearly three
millions of acres of the public lands have been
SURVEYED, which is scarcely one-sxtieth part Of
the area of the Territory. During the past year
very little progress has been made in the prose
cution of the work in extending the public sur
veys, owing to the meagre appropriation of only
five thousand dollars, this being the whole sum
allowed by Congress for defraying the expenses
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