Year: 1862




Gentlemen Of the Council and House Of Repesentatites


Of tie Territory Of Washington


1t is we'll known your honorable body that by the or
the Governor OF the law making
power of this Territory therefore there not the
for the Executive give his views of policy to the as
semby would to be justified in those States and
Territories in which that Department has the duty to per-
form Of asserting to- disappearing legislative enactmens
views annually the legislative assembly, upon matters per-
tanning the prosperity and general welfare Of the people


The first subject of public Interest to winch desire to
of Territorial Laws This is the tenth session of the
Legislature of this Territory, and its Statutes arc spread


OF the laws passed shortly after the organization of the
Territorial Government, few copies printed because at
that carly PERIOD such the arscness OF our popuation
greater number were not needed since then, em'gra-
ton has greatly increased population and widely cx-
tended our settlements where mere several several new eGuts G nave OF
Der 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 Waa Waa shoshone
Ncz perces and IDAHO there very few complete sets of
the laws to be found Pacticng attorneys are unsuppe
in the Executive Office from necessity recently pur
chased from private library indeed the scarcity is suc as
to render it impossible to procure copies for the use of the
County Offices especially should all the officers elected in the
newly created countless be immediately PROVIDED with the
duties the people should not be kept Ignorant OF the laws
under which they live
ii will also be advisable to provide for proper codic&ton
or revision of all Of said acts, in order to render them less


The various alterations which have at different times
made in Statutes, have increased the difficulty OF as
certnns what laws remain unimpaiied by subsequent enact
mcn; the presence OF large mass OF printed matter con
tanned in these several pamphlets, many OF which have been
50 changed and amended that great confusion has been there
by Produced


revising and reprinng these laws all Obsolete and re-
pcac acts parts Of acts should be carefully excluded that
the compilation OF the Statutes, may CONSIST only OF such
laws remain III force.


Appended to the said colc or in separate volume,
the decisions of the Supreme Court should be pubse
nul Ot}r tho
afforded the opportunity of becoming acquainted with the lazy
and its constructions without which information, many good
and worthy citizens may innoccnty become the voatos OF
Statutory cnactmcs the existence of which they not in
formed.


Convenience necessity and justice to the people, require
proper legislative action at this time and trust your honor
able body will not close your abors without adopting suit
able measures this subject.


should be the duties owe to society, if
failed call your serious attention to the sad and immoral Of
ect, growing out of the readiness with which our legislative
assemblies, have heretofore annne that most solemn con-
of marriage Let earnestly invoke you to stay the
evils, which result from the legislature granting divorces there
by destroying the sacred responsibilities and duties of husband
and wife, merely upon the request or petlton OF one OF the


Without intending trcspass upon your law-making
province permit suggest for your consideration the fact
that the present laws declare marriage to be civil contracts
therefore, all breaches violations of its conditions
per subjects for the judiciary aonc and not for Legislative
enactment upon ncsacd or er parte, statements.


The law stands upon the statute books of the Terri
tory has conferred full jurisdiction upon the Courts i'll all
belonging to Divorces which is the only tribunal that
deliberately hear and examine all the witnesses on both
sides OF those unfortunate domestic dlcultcs OF the pes
applying for dissolution of the marriage contract


The Legislature seldom has the opportunity of hearing
have before them all the witnesses connected with
both pare especially necessary to the proper adjudication
of these 1t will also be well to remember that in d.
tho Legislature cannot decree enter Judgment
for anony, division of property belonging to the married
parties legally decide whether the separated husband
wife, shall lawfully continue the possession and control of
tcr children.


Tho Courts alone have full power to render final
Judgment and dccrc for amony, division of family property
and dcc. who shall have the and control Of the minor
children.


Many the Legislatures of the States for several years
past have positively refused to grant any divorces Eminent
lawyers agreed in the opinion that all divorces granted by
Legislatures entirely Unconstitutional and therefore null
and vod for tho that act of Legislature
Destroy annul violate set aside the said civil contract
the sacred and religious bonds and mutual obligations entered
into by and wife at the socnnizaOn of their marriage
1t is all times very aud delicate matter for any
person persons to interfere in any manner in the unhappy
quares ana family difficulties Of man and wife There arc
few subjects brought before the Courts of country
quinng deliberate and caution than divorces


Whenever Legislative Body takes any action in Of
divorces it improperly regarded infringement upon