The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-11-20
For the Pioneer.


Ma. PIoNEER-Sir:-AJ Judge Of the 81
preme Court Of Territory Of the United Stu
mas received information If his removal. IS
announcement in the Pioneer, 18th inst.) Ha. th
tenure Of the office expired? No! The ores 4
is, Ought the Judge 10 obey the notice to ga.
This rests upon the ground # tie right of T.
parties at the seat Of The Federal Goye:nmeut L
cause such removal. The Constitution is ga
common guide. This leads 10 consider, brie '
the nature Of that instrument, ito respective pow
cts, and the extent Of those powers. First, ~
Constitution is q compact, 'in order to form
more perfect union, establish Justice, SC. g
cOnd; its powers are recognized in the Leg
tive, Executive, and Judicial Department.
Third; the extent Of these powers, are: u
legislative; to CIRCULATE commerce, - ''decl Re
war, - clay and collect taxes, 'to constitute Fri
bunals inferior to the Supreme Court &C., &c
2. The Executive; "he shall nominate, and .,,
and by aud with the advice and consent Of ID,
Senate, shall appoint amba ssadors, other pI
ministers and consuls, judges Of the Sups '
Court, and all other officers Of the United s,
whose appointments not herein otherwise nfl
vided ior, and which shall be established b'
law"-"He shall take care that the law h,
faithfully executed, and shall commission all =,
officers Of the United States" 3. The Judici v
"The Judicial power Of the United States, shal
{ u,
ferior Courts us the Congress may from time ''
time Ordain aud establish. The Judges, bot O.
the Supreme and inferior Courts, shall bold i-i
offices during good BEHAVIOR" &c. "The Cgp
gress shall have power 10 dispose Of and make
needfa rules and regulations respecting the . ~
ritory or other property belonging TO the tpi,o,
States" The Constitution acknowledges IN Az
6, the Territorial Act passed BY the Confed "a,
, ton prior TO its adoption.
Weare now 10 enquire what Territorial Cuur
is, in the spirit and meaning Of the Constitui.o,
The Constitution says: THE judicial power
the United States shalt be vested in one SuprerI,
Court, and in such inferior courts as the Crn
gress may from time 10 time oIdan AMI cs T.
iisll.'' The inferior courts are, evidently, 'i
Circuit courts, District courts, Territorial COZ 81.
Justices of Peace for the District Of Coiun
and the Commissioners Of the United States 1
special purposes. Does the Constitution reco-
nze such courts: II has thus far in the prog
Of our government, by the appointment ''by 60,
with the advice and consent Of the Senate, g.
several Judges of the Supreme and Terri;or
courts, contemplated BY the trainers of thai i
sirument. 1t contemplates such Terriorial cou,
in the power il prescribes in the .Deedful ru' e
and regulations respecting the territory or o'lc
property belonging TO the United States
We next inquire: Isl, the distinction of B.
several offices contemplated by the Consttu a.
End, the tenure Of such Offices The Ur .
States officers are recognized, either,--I. CIV,
2. Judicial. TIE latter to decide the law as f. &.
upon the statutes; the former TO execute the iay
as decided: one to carry on, efiectuaIly the Ia
lai wish and policy 81 an Executive. ss public an
confidential agents; the other, to define the h..
without '.fear or .tdror.'' LIST, as On org
nal court 2nd, as ar appellate court, and the d.
nier resort Of the land--,hc only exposi;ur Of ID
Constitution. Having promised thus far, lei b
consider whether the Judiciory afieefrd, -
appointment and confirmation by the Execu
power. The President has 40 right, by the Con
sttutIon, TO create an office: il must be eslati
ed by law! He may recommend an Office, an
afterwards sanction the act Ut another branca O
the government, in creating such office: the join
act Of both branches Of government, establishes
| by law. Neither is the express power given III
Executive TO remore incumhents yet 1t is tg
piled by justice and equity that such authori,,
vested somewhere; and as the President is th
''fountain Of patronage" il is presumed 10
. that official; and remorais are made because ID