The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-08-13

The first members of the judiciary Of
the territory Of Minnesota were Aaron
Goodrich chief Justice; Bradley B. Meek
err and David Cooper associates, who were
appointed in 1S49. They were Wings and
held their positions until change OF
administration gave the Democrats the
mower. when William H. WEIGH became
chief Justice, with Andrew G. Chatfield
and Moses Sherburne as associates. Inc
last named judges were in office when
arrived in the territory in 1853 Judge
Chatfield presided mostly over the courts
held 2on the west side. of the N1sSlsslppl
I made my residence at Traverse des
Sioux, in Nicollet county, which was WITH
in the territory purchased; from the Sioux
Indians by the treaty Of 1851, proclaimed
in 1853 The fifth article Of this treaty
kept in force, within the territory ceded,
all the laws OF the United States prohibit
ing the introduction and sale of spirituous
LIQUORS in the Indian country, commonly
known as the trade and intercourse laws.
OF course, this inhibition was intended to
prevent liquor getting to the Indians, but
as the country began to get inhabited
by whites many Of the new corners re-
garded it as infringing upon their rights
and privileges, and serious questions arose
as to whether the treaty-making power
had any Jurisdiction Of such questions
after the country was opened to white
settlement. The courts, however, held the
exclusion valid, and indictments were oc-
casionally found against the violators of
these laws. Traverse des Sioux was
missionary center, and the feeling against
the liquor traffic was very strong; but, as
it always has been, and probably always
will be, men were found ready to invade
the sacred precincts for the expected prof
it's, and a saloon or two were established
in defiance of law and public sentiment.
The judges We're empowered to appoint
the terms of court where and when there
was any probable necessity for them, and
the sheriff would summon a grand or
petit jury as the business seemed to re-
quire. The United States marshal was
Col Irwin, and the United States district
attorney was Col. Dustin, both of whom
lived in St. Paul, and as a general thing
there were no county attorneys in the
different counties. When a term of court
was to be held in my county or any of
the adjacent ones, the marshal would
send me a deputatiOn to represent him
and a bag of gold to pay the jurors and
witnesses; the United States attorney
and on the opening of. the court the judge
would enter an order appointing me prose-
cutting attorney for the county, SO the
Judge and I would constitute the entire
force, federal and territorial, judicial and
administrative. If 1 procured an indict-
ment against a party at one term in my
capacity of prosecutor, and the regular
attorney should appear at the next term.
it was more than likely that I would be
retained to defend, which would took a
little irregular at the present time, but
as there were no other attorneys but my
self, as usual thing, no questions were
asked
At very early day a party not having
the fear of the law or public opinion be-
fore him opened a saloon at Traverse
DIES Sioux, much to the dismay and indig-
nation of the religious element of the
community, and went to selling whisky
to the other element. The next grand
jury indicted him, but before a ccourt
convened which could try him squad
composed of the temperance people,
headed by the sheriff, attacked his place
and demolished his contraband stores
Being determined to test the question
of his rights, he sued the attacking par
ty, and 1 was retained to defend them
l devised the plea that the country was
full of savage Indians. whose passions
became inf1amed by whisky, which made
them dangerous to the lives of the
whites, and that the saloons were conse-
quently nuisance which anyone had a
right to abate The case was tried be-
fore Judge Chatfie1d, and my clients were
vindicated. OF course the suit created
a great sensational not only on account
of the feeling engendered, but because
Of the novel questions involved, and in
due course of time the temperance Ia
dies of the county sent to New York
and purchased a handsome combination
gold pen and pencil with a jeweIed head
and had it inscribed Charles E. Elan
drau, defender of the right" They also
procured a handsome family Bible for
the sheriff. When all was ready they
held public meeting and made the pre-
sensations, which were accompanied by
the usual speeches. These ceremonies
occurred in the latter part Of the year
1854, or early in 1855, and in the mean
time small newspaper, called the st.
Peter Courier, had been established to
boom that new city, which contained an
elaborate account of the proceedings, to-
gether with all the speeches, and dill
gently circulated them throughout the
East, -here they were caught up by
Horace Greeley in his Tribune and many
other papers and repeated under the
head of Moral Suasion in Minnesota
and came back to US enlarged and i'm
proved.
Should I end the story here it would
leave me In the possession and enjoy