The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1851-11-13

This is but one. view. Of the danger to be APP
pretended from this Executive encroachmen,l
upon the independence.of the Judiciary. II this
Executive asprpaiion be acquiesced in by the
Senate, all the powers Of the Central Covers
ment. will presently centre in the Executive; nay,
il will be evident tina, the President 10 already sa
prene, and can do whatever he pIeases. !,
would scarcely be more impairment usurpation
of power, If the Presilen, had sent notice TO
our Delegate, MIR. Sibley, that bis services in
~, certainly, il is a new era in the progress OF,
Executive powcr, when sneakins emissary Of
the Winnebago Fur Company, grin the pri-
yate ear Of the President Of the United States,
end obtain the dismissal of Federal Judge. who
refuses TO bow down at the shrine Of the Winnie
bago Company. 6y a secret, Siar-Chamtsr de-
cree. In the name Of God, are the fingers Of the
Executive to be found intermeddling with the az
fairs and interests and quarrels Of people in this
remote Territory Is he Executive arm to hur
Federal Judges from the bench, because they
have expressed preference for one candidate for
the PRESIDENCY over another: Let the Senate
look TO IT,! e... I..rs.f
We understand thai Judge GOa.rich will con-
Time to discharge the duties Of Chief Justice Of
Minnesota Territory, which he was commission
ed 10 discharge, by President Tay Ior to the expi
ration of the term for which he was appointed
His oath requires il. The people expect and
demand it. In this emergency, when through
dependent Judicial power, it 10 his duty to stand
manfully up, live or die, in the spot where the
law has placed him, and where the Constitution,
and the Senate--the noble, the patriotic Senate,
the meantime, it remains to be seen, how far this
highha nded act, the part Of the President, has
/ already palsied our other two Federal Judges
whether The fear Of the political block, will hum
and the recognition Of any other man than Judge
Goodrich us Chief Justice. whose appointment
confers on him the legal right to that office, for
the space of four years. The question will soon
come before the Associate Judges, for decision.
Will they succumb? Or will they fcarlessly
maintain the opinions which they have heretofore
entertained and openly expressed, that they hold
their offices during the term Of their appointment
subject to removal only by impeachment In de-
Gliding this question, or any other, are those
judges to have placed before them, 10 quicken
and to modify their Judgment, the political guio-
tine Of the Executive: Let the Senate look to il!
We conjure good men Of all parties, and espe-
cialy the great Democratic party Of the Union,
TO see to j, that the Constitution receive no detr-
ment. In our opinion, this precedent threatens
imminent peril TO the freedom Of the people. The
Independence Of the Judiciary, was deemed of
such vital Importance that in the political debates
at the time of the formation Of the Constitution,
and in those able political essays, 1.-The Federal
ist," no proposition was more deliberately dis
cussed. The Constitution builds up a wall Of
iron, betwe cen the Executive and the Bench. The
! President, like Queen Elizabeth, can fl ock, but
unlike her majesty. he cannot unfrock. In a
limited monarchy, this is not even n royal peroga-
tive, aud with the exception Of the High Chan
ceor, if British Sovereign were 10 attempt to
remove Judge Of any Court in Epgland, it
would be held as an act Of usurpaiion, unparal-
Ieled since the days of Cromwell
Even Spain, centuries ago. would not tolerate
the removal Of Judges by the king alone; and to
Spain we are indebted for the first establishment
Of an Independent Judiciary; or rather, 10 the
| free States Of Arragon. eve quote from Pres
colts History of Ferdinand and Isabella. VOL 4,
Int. p. 1857 "Tbe high judicial officer in the
ancient kingdom Of Arragon, called the Justi,ia,
and appointed by the king, having repeatedly and
boldly protected private individuals, frem the per-
instance, removed from office at the instance Of
the king. To guard agaius, the like pros,ration
Of the independent discharge Of duty, it was pro-
vided by d statue Of Alfonso V. in l442, that the
Justia should continue in office during life, re-
morabie only, on sufficient cause, by The King
and CoYfes aaited.'' When Charles l Of Eng
land, signed the bill atolishns The High Commits
sion Court and the Star Chamber, he added also,
thathe had granted that the Judges should there
after hold their places during good behavior
From that time, until the hour when President
Fillmore issued his star-chamber order for the re-
nnoval Of Chief Justice Goodrich, no British SOW
ereign has ever presumed to remove a Judge.
by the Constitution Of the United States, .'ihe
Judges both Of the Supreme and Inferior Courts,
are 10 hold their offices during good behavior. ="
Chancellor Kent (sce Com. vol l, D. 1922 SAYS
1.-The tenure OF the Office Ly rendering the Judges
independent, both Of the Government and the
people, is admirably fitted to produce the free ex-
ercise Of judsmen, in discharge OF their trust
Again: 81, Is easy to perceive whit danger
. Gus inference this 1.-The power Of removaD must
have given to the king in the administration Of
justice, in cases where claims or pre,ensions Of
the crown were brought to bear upon the rights
Of an individual" The Act Of Settlement, (.ee