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

20 Or definite period, which is equiv alentl
wsach Is an express permission.
D. ogr Judgment correct upon this view Of The
ease, That we my better understand the mean
ias 81 the Consultation, We will anticipate the Pc
I'D # its adoption, aud CLEAN the spirit Of the
Convention whose learning and ability was never
rrR.iiened. Madison in his admirable papcrs
49, that several modes Of appointing the Ju
sli,i.ry were proposed, discussed, and rrjecicd,"
'ihs lppoinineoi by the PR sideH; and Senate
was carrled unanimously" "irhsre seemed to
De uo diversity Of opinion IN the Convention apn
tas n,LIect" Of the Tenure 81 Office, page 79l.
~ - sStiiion ihat Judges should he removed
ly the President, On The application Of Congress.
red but osE ro,c," page 1886 Thus we
6na thst the intention Of the franie,s Of the Con-
sti0is,a was, that even Congress nself--much
lees one branch e!9a, of The governn,eBt--had
noi tie right Of removing the Judiciary without
dec process.
The Co. sti,utioa has no more vital principles,
than the complete independence Of the three
branches Of the government. It's ihe Executive
5lts suthoriiy &, remove 3ry oil the Legislative
hs,nch Of government Has the President ever
t,isuiissed Congress, q Senate, or Senator: No.
Nor hls Congress ever su,an,ari!y attempted to
re.,,v. a President or his constitutional advisers,
The Judiciary stauds upon the same platform, or
even stronger, and a broader Independence.
r. ne the csEite sdNCtons, Nv tfpI advice
and consent,'' iae appointment If any officer
i.nri ated nv the President, il is ever afterwards
ca, Of their control, ualess it returns to them in
the - Sc Of an Impeachment, when they change
their POSITIONS from Lawmakers, into Judges and
sc..sesvators Of the law. The Senators and Mem
bers Of the House Of Representatives hold their
fespective Offices for definite term. The Pfesi-
dent 'sha hold his Office during the tern, of four
cars Has il ever been urged that the Execa-
i've could be removed, when Congress and great
maturity Of The nation we're opposed 10 hil: No,
d ncscr has. '''
The language of the Constitution in relation to
tae resident, aad the language Of the Organic
Act creaiing Judges Of Minnesota. Is the same,
IN srltit and meaning, expressing the tenure Of
,hslr respective offices. Does the nation recos-
i.ze particular word to hiye one meaning in
case. and no, the same meaning in another Ii
Sc. ,hey would indeed be ''words, words words,'
The first Secretary of the Territory has been
ed. How stands the now Both Off
GERS we're created (Secreiary and Judge) by the
Organic act. Let ioox at the words CT The o.
gsnic act. The third section contains the follow
ny words: There shaii be Secretary of said
TCrIilory, who shall reside therein, and hold his
office fer four years. unless sooner renloUed By
tire President Of the United .S;oies," &c, &c.
SCI 2 says: ''fhe Supreme Court shall consist
tf a chief Justice and two associate Justices,
4ny two Of whom shall constitute quorum, and
,vio sliall hold term al The seat Of government.
# he sail Territory annually, and they shall
hold heir Offices during the period Of four years.
The sid Territory shalt be divided into three jndi
cia DISTRICTS Sc. Sec. 10 refers 10 a Mur,hal,
who shall hold has ohce for four years. unless
sooner remored By the Presiient." 1t seems
useless for US TO say. thu, there is difference in
i.le language, different, TO be conveyed
IN perursing IL; j, speaks ior itself.
ilif the Iresiden, other powers than cypress
povc-s? He has iaci ieatai powers. We will
etc case The President appoints Cadets to
,he Military Schooi'' at West Point. Does the
Constitution recognize West Point! Ii does I'M
piisfiy, but not expressly. The Congress has
the press right to declare war. and also to raise
aai sapport ormes; and impiiediy it has the
right . educate and officer that army, atd il
Irtz,'s appccpriaies money annually for such
Darpese. Bot such iRci ntai powers do not ap-
uly 10 the judiciary. The Constitution implies
that IN embargo may be laid, though it does not
crpTess it. Why is il Constitutional Because
that instrument expressly protects commerce.
Ccngrr.s has the power To make and define laws,
and Rplieily all laws affecting the country. Rat
IT expressly forbas the passage Of bill Of at
lander or post facto law.
Hive still doubts in the premises: Men are
noi lmiailible, 1T Is human 10 err. In case Of
conscience our hearts appeal TO the 'h!gher iar;'
bu; IN temporal questions, we know no tribunal
behind the Supreme Court Of the nation 1T is
or hi gher !aU.
In the last issue Of your sheet, you very prop
erly cited the case Of .Mrroury Z. Madison, 1
Craneli, in which Chief Justice Marshall deliver
ed the unanimous opinion Of the Supreme bench
1t sseess TO repeat it. o. the other precedents
lhereia referred TO. The decision in that case
COVERED an extensive ground, and decided many
poiats which had no particular bearing in that
case, though they have in this. The Secretary
81 state, at that time, made blow nj the
foundl ton Of the Constitutional cas, at that
part ,f the compact on which rests the structure
a.. the whple; but j, turned aside by the arm
If syery Justice on the bench, with indignation
and surprise. The case occurs again after lapse
hall d, century. The Supreme Court will
indicale the leg lily the iilegany Of the second
attempt.
Can an opposite authority be cited on which
rrecedent can soUably rect!
The Hon. FELIX GRUNpY, while Attorney
General, gave an opinion on the subject Of Ter
TitoTal Courts. He, after quoting the language Of
Ar III, Sec. 1, says: "rhe construction of this
part of the Constitution has been settled, 1t seems
e. NE, BY the opinions OF Congress, expressed BY
various acts, and also by the decisions Of the Su-
preme Court of the United States. BY the arti-
ce o the Constitution referred TO. the Judges are
Len tiscIf Vhf'cS cei"S SoVN e'h-
gsess cannot consistently with this provision. pro-
vide oher or different feHsre Of office within the
States. Congress has, in most cases, limited the
tenure of Office of Territorial Judges to four
years This could not be done, were the judges
under. or provided for, by the Constitution; be-
cause by that instrument, the Tenure is good be-
hayor" To such language as this, pronounced
so soemn!y by that distinguished man. we are
80, to inquire: Whether the Constitution recog-
nises he Territories eqnay' Does it acknowl-
edge the rights Of each Territory upon the same
platform: Or, have the Territorial Judges Of Ore
gon nd New Mexico different powers from those
Of Utah and Minnesota! No. Did the Confed-
eraiion give extraordinary Judicial powers 10 the
Northwestern Tertiary aud Congress give extra
or,ii'ary judicial! powers 10 Michigan Territory,
anG ordinary powers to Arkansas and Florida and
A.,nuesota' We presume not. We again repeat
Felix Grundy's language: Congress in most
cases, limited the tenure Of Office Of Territorial
Judges to four years. This could not be done,
were hey Judges under, or provided for by the
Constitution; because. by that instrument, the
'cucIe is good behavior" 1t is peculiar feature
~ he Organic Acts OF the several Territories, to
o. resriy ali worded differently, in relation TO the
judiciary. We will cite few. The Ordinance