The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-12-25


can the President Of the L. 5. Re-
+. move? hl} cas- "a e.soa = aWT
Already have we urged reasons for the
independence of our Judiciary in the Ter
ritories. As the removal Of Chief Justice
Goodrich, is without precedent, let US see
if we can find any law to warrant it; for a
danserou. power existing only by impiica-
ton, ought not to i,e exercised. The pow
er of the President to remove Federal Off
Gers, in the Territories Of the Northwest,
is derived from the ordinance Of 1897, as
modified by the Acs OF August 7th, 1889,
(See T. S. Statutes at Large, page so. }
The ordinance of 1897 provides as follows:
"That there shall be appointed from time 10
time, by Congress, governor, whose commission
shall continue 10 iorcs for the term Of three wears,
unless sooner revoked by Congress; he shall re-
side IN the district, and have freehold estate
therein, in Que thousand acres Of land, while in
the exercise Of his office.
There shah be appointed from time to time by
Congress, a secretary, whose commission shall
continue in force for four years unless sooner re-
vckcd; he shall reside in the district, and have u
freehold estate therein, in five hundred acres Of
land, while in the exercise Of his Office; il shall
be HIS duty to keep and preserve the acts and
laws passed by the Legislature, and the public re
cords Of the district, and the proceedings Of the
governer in his executive depa rtment; and trans
mi, authentic copies of such acts and proceedings
every SIX months, to the Secretary Of Congress:
There shall also be appointed court TO consist
OF three judges, any two OF whom to form
court, who shall have common law jurisdiction,
and reside IN the district, and have each therein,
freehold estate in Ave hundred acres Of land
while IN the exercise Of their Offices; and their
commissions shal! continue ia force during good
behavior"
Now the Act Of Congress of August Z,
1882. contains certain provisions, which
were necessary to give full effect to the or
dinance, under the Constitution which had
just been adopted. The words Of the Act,
are as follows:
"U'ksreas, ia order that the ordnance Of the
United States in Congress assembled, for the gov
eminent Of the territory northwest Of the river
Ohio may continue TO have full effect, it is re-
quisite that certain provisions should be made, so
TO adsp, the same 10 the present Constitution Of
the United States. ..,ys.t b., t7-...
Tina, in all cases in which by the said or,li-
nance, any information is to be gyea. or commu-
nication made'hy the governor OF the Said Terri
tory TO the United States in Congress assembled
or TO any Of their officers, 1t shall be the duty Of
The said governor to give such information and TO
make such communication 10 the President Of the
United States, and the President shall nominate
and BY and with the advice and consent Of the
hail oil off, I, ID
said ordinance were to have been appointed by
the United States in Congress assembled, and all
officers so appointed shall be commissioned by
him; and in all cases where the United States in
Congress assembled, might, by the said ordinance,
revoke any commission or remove from any office,
the President is hereby declared 10 have the same
powers Of revocation and removal
That in case Of the death, removal, resgna-
ton, necessary absence Of the gov crnor of the
said territory, the secretary thereof shall be, and
he is hereby authorized and required to execute
all the powers, and perform all the duties Of the
governor, during the vacancy occasioned by the
removal, resignation or necessary absence Of the
said governor. Approved, August Z, 1889"
Here then, is transferred from Congress
10 the President, the power to nominate,
appoint and commission, 10y and with the
advice and consent of the Senate, all the
territorial officers named in the ordinance.
And now mark with what extreme caution
this Act defines in what cases the President
has the power Of removal or revocation,
and thereby debars the President from the
removal of--whon,' Why the Judges,
the only territorial officers who could not
be removed by Congress. All the power of
removal from Federal Offices in the North
west Territory, Or The Territory which the
ordinance of 'S7 made provision for, and
which included The present Territory Of
Minnesota, is derived solely from this Act,
if it is dcri,ed at all. But this Act, not
only does not confer the power Of velnov-
ins Territorisi Judges, but .forbids it, as
clearly as if by words Of express prohibi-
ton. Congress may have violated tue spirit
of the ordinance by limiting the terms Of
Judges since, in some Of the Territories
carved out Of the Northwest Territory, to
a term Of years. That is another question;
hut Congress has no,chere changed the ten
,sre Of Judges, during their terms, however
limited in duration; nor authorized the
President to do what Congress had not the
power to do; that is, to remove them from
office. during the terms for which they are
commissioned. As neither this Act, nor the
Organic Actof Minnesota, which is in strict
accordance thereto, authorizes the prcsi-
den, to remove our other Territorial off :
GERS, but expressly declares that the Judges
''shaIl hold their offices during the term of
four years. without any such qualifying
words a. sunless sooner removed by the
President, I" we are more aud more at loss
for proper terms in which to express aston
ishment, at the late attempt Of the Presi-
dent TO seize upon and exercise the power
Of increasing his own patronage and max
ing the Judges Of this Territory. his sup
pie puppets;-ihe autonatons Of his will,
to retain their places upon the Bench.