The History of Minnesota and Tales of the FrontierFlandrau, Charles E. (Charles Eugene)
History
The History of Minnesota and Tales of the Frontier
Flandrau, Charles E. (Charles Eugene)
Frontier and pioneer life -- Minnesota; Minnesota -- History
It should be stated that Henry H. Sibley was in fact the first judicial
officer who ever exercised the functions of a court in Minnesota. While
living at St. Peters (Mendota), he was commissioned a justice of the
peace in 1835 or 1836 by Governor Chambers of Iowa, with a jurisdiction
extending from twenty miles south of Prairie du Chien to the British
boundary on the north, to the White river on the west and the
Mississippi on the east. His prisoners could only be committed to
Prairie du Chien. Boundary lines were very dimly defined in those days,
and minor magistrates were in no danger of being overruled by superior
courts, and tradition asserts that the writs of Sibley's court often
extended far over into Wisconsin and other jurisdictions. One case is
recalled which will serve as an illustration. A man named Phalen was
charged with having murdered a sergeant in the United States army in
Wisconsin. He was arrested under a warrant from Justice Sibley's Iowa
court, examined and committed to Prairie du Chien, and no questions
asked. Lake Phalen, from which the city of St. Paul derives part of its
water supply, is named after this prisoner. Whatever jurisdictional
irregularities Justice Sibley may have indulged in, it is safe to say
that no injustice ever resulted from any decision of his.
The first court-house that was erected within the present limits of
Minnesota was at Stillwater, in the year 1847. A private subscription
was taken up, and $1,200 was contributed. This sum was supplemented by a
sufficient amount to complete the structure, from the treasury of St.
Croix county. It was perched on the top of one of the high bluffs in
that town, and much private and judicial blasphemy has been expended by
exhausted litigants and judges in climbing to its lofty pinnacle. I held
a term in it ten years after its completion.
This court-house fell within the first judicial district of the
Territory of Minnesota, under the division made by Governor Ramsey, and
the first court under his proclamation was held within its walls,
beginning the second Monday of August, 1849. It was presided over by
Chief Justice Goodrich, assisted by Judge Cooper, the term lasting one
week. There were thirty-five cases on the calendar. The grand jury
returned thirty indictments, one for assault with intent to maim, one
for perjury, four for selling liquor to Indians, and four for keeping
gambling houses. Only one of these indictments was tried at this term,
and the accused, Mr. William D. Phillips, being a prominent member of
the bar, and there being a good deal of fun in it, I will give a brief
history of the trial and the defendant.
Public-domain text, read in full here on John Shaqi.
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