The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-06-10
Absence of Territorial Judge f.ou,
Their Posts.

IheIr Posts.
In the debate in the House Of Pep-esen-
tatves, on the Goth Of May, the f1lovi ing
pertinent remarks were made by Mr.. SiB-
LEY:
beg leave 10 state to the committee
before thus debate is brought to a close, ,aat
the gentleman from Peunsyivan gMr.
SrEvENsI is entirely mistaken in re-a,d ~
the Inconvenience to which the people II
the Territory are subjected by the A., nee
of their judicial officers. There j. 10 anal
ogy between the situation Of julie H. a
thIckly- inhabited district, and thai Of "a
Judge in sparsely settled TERRITORY The
judges ~ the territories are the unly ui!h
judiciary we have. They are vested WIN
the powers of Federal judges, as xel - OF
territorial Judges. They are the only Of
GERS who can issue habeas corpus and o.aer
writs, ACT at chambers, and perform THO
other duties Of the superior couris. The
districts OF these officials are separated
sometimes hundreds Of miles from each
other, and If an individual wishes 10 avail.
himself OF their services for any specific
purpose, and cannot find the judge OF his
district, ne viii he put TO the nco1yeu,euce
OF gong 10 the next district. ni~t T..
p'"'' az WIS ttIt a IcUftuy, so .HiA
INJURY which must he Inflicted on the pco-
pI. OF the territories by the absence # hess
Judges may be Obviated. | trust th.t 40
gentleman from Pennsylvania M S-r-
yENsj will be satisfied with the eHliaration
have given of The necessity of sut restric.
tons as are imposed by this bill. 4 repeal
of these restrictions would havs most
evil and injurious cffec, upon the Terrific
RES. know all about the rensors g,ltr,
induced Congress to pass this protI.i.orv
clause. know that some Of or iu,ires
and other officers were absent 70 ,,ou;bs,
an" that the same was the case H. Crera..
relieve ut one time they had no. a single
Jnh2e within The limits Of that territory.
These facts were brought TO the kua \, ledge
OF members of this House; and when THAI
restrictive clause was Introduce here. y
passed with scarcely Dissenting voice.
1nere Is not single reason which was
urged tnen that does not exist now with rs ~
greater force, IN consequence OF The ~
crease OF populations; and M one of thaSe
three judges can absent himself from big
district for any length of time wi,h1nt serI-
Gus detrinIent To the interests of IN, people.
But the gentleman says, that if lh,,e n.li
GERS do not perform their duties prsreriy,
they should be removed. This .psr,r a..
removal OF territorial Judge hy he Prts-
dent IS far from being c"nce,.et. i -
mo0ted question at this moment %, fore ne
Senate Of the United States, ami many enl,-
nent Jur'sts deny that any such pa~ct ex-
lists. BE that as II may, aud eve, admitting
that 1t does exist, there are gra,e reason.
why 1t should he exercised only .u cxireue
cases; Tor # the territorial ju,Irar, is sn.-
Ject % he displayed arbitrarily, an wi;hou
good and sufficient cause, j, cease. H. q ir-
derenden, Of Executive control, and. VIII
speedily be converted into a mere poHiicai
engine, and will no longer be dereu llL %
or respected 10y the Ieop!e.
Here the hammer fell, the hour To- To-
sing the debate having arrived.l