Territorial Law Research Articles

Montana Politics during the Meagher Regime 1865-1867

DURING THE FOUR YEARS Of the Civil War, while the states east of the Mississippi were engaged in a struggle to determine the fate of the Union, migration to the new Montana gold fields from both the northern and southern states was approaching its highest peak. Pioneers from North and South brought into the Northwest distinct political viewpoints which were to find expression in territorial politics. The southern element, in the majority, controlled the mining communities. However, citizens who had previously lived in the states to the Union were numerous enough to offer vigorous opposition in the political field. By May, 1864, the population had increased to such an extent that Congress passed a law to provide a temporary government for a new territory to be called Montana which included the larger gold fields of the Northwest. At this same time the Republican Congress, as a matter of course, filled the territorial offices with men to the Union and to the Republican party cause. Sidney Edgerton, who had championed the cause of abolition in the halls of Congress, was named governor; the three judges of the supreme court and all fiscal officials were staunch Republicans. The first territorial election to select a delegate to Congress and the members of a legislature was held on October 24, 1864. The Democrats went to the polls in great numbers and their candidate, Samuel McLean, was chosen delegate by a substantial majority over W. E Sanders, who was considered the spokesman of the loyal Republican element in the territory. The territorial council of seven members and the house of thirteen were also to be dominated by southern men. One grave error was committed by this first legislature. The organic act had provided that the time, place, and manner of holding elections, and the apportioning of representatives among the several counties was to be prescribed by territorial law. The legislature took action, but in the bill defining the election districts there was incorporated a provision immediately increasing the number of councilmen to thirteen and the assemblymen to twenty-six rather than the gradual increase in membership as recommended by Congress. Governor Edgerton returned the bill

The Beginnings of Teacher Training in Minnesota

The Territory of Minnesota was organized in 1849. The legislature held its first session same year and enacted law establishing system of common schools. This law though subsequently amended in certain particulars laid foundations of public school system in Terri tory. In 1851, second Territorial legislature granted University of Minnesota charter which contained provision that one of de partments of University should be a department of theory and practice of teaching.1 It would seem that proponents of this law intended to establish normal department within University, prob ably similar in character and purpose to that which was created in University of Iowa four years later.2 For reasons that need not concern us here Territorial University of Minnesota never materialized, and when State was organized in 1858 friends of public education either ignored provision for teacher training which was contained in Territorial law, or were unaware of its existence. It should be noted, however, that idea of normal school as separate and distinct institution was making progress. In 1839 first American public normal schools were established in Massachusetts. These were three in number and were soon followed by similar institutions in New York, Pennsylvania, Connecticut, Michigan, Rhode Island, Illinois, South Carolina, and Louisiana. As many of most intelligent and active among pioneer set tlers of Minnesota were drawn from Eastern states we can readily understand their enlightened attitude towards public education. Many came from states which already had normal schools in operation. Hence we need not be surprised to find early legislators receptive to proposal to establish state normal schools. At any rate first state legislature of Minnesota passed in 1858 general law under which Winona Normal School came into being as the first state normal school west of Mississippi and fourteenth in United States.3 The man who deserves most credit for suggesting this legislation and for taking active measures to establish first normal school in

Conflict of Laws. Territorial Civil Law. Effect of Executive Order

Conflict of Laws. Territorial Civil Law. Effect of Executive Order