The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-08-12


DEPARTMENT NEWS.
ArroasET GExEnAl's oFfrcK
Eanopai y Tersorsal JuRyss ., PrsssdsnfIfi
roneousy assumed BY many that troria judges are not
remogabe b. the President and tie following opinion q
Attorney General Criltendsn On the subject reprinted fo
public information
Esseaps Auaari Remove tGs c4s a.iiss y Hassol
ArroHSrr GEsEEALs OFFlcE,
january e. ls5l-
sIHs Application having been made 10 you
from oue the chief justice y The Territory q hinuesgta
erected BY be ID March, is49, .ar establishing that
pacy, unltaess, and u moral character yOu have BEEN
pleased q refer t. the question whistler yon have ne
heart 81 Congress under winch be was appointed enaels in
section thar the Judicial power Of sad Territory shall be
vested - supreme court district oegrt probate courts
and justices ot the peace The supreme court shall consist o
chief Justice and Two aaaoclate Justices
aud they ha bold their Offices during he period Of four
years And ~ sectian II = = iHIthar ei-ced that e
governor, secretary chief justice and associate nstIoes
attorney, ans marshal shai BE- Nominated and % and
Nth e a4Flee ana eanseht 2. tas SENATE appointed "
hs President d the unsd Stste Upon the lace q this
N the appointments q these terri Fa Judges were nn
for Ire nor during good behavior bat Tor the tern o. Jour
The decision 81 the Supreme Court u the u
tea states in the u the American Insurance Company
ard otAers ~ Lsl5sT Peters, $3.50 = pertinent u ne
present inquiry Chief Justice Marshall il delivering the
opni1A 81 the thar denes what terFsorl
courts are not, ard what they IRE, IN these words These
court then constitutional courts u which The ju
dica power conferred b. the consultation the genera
government be deposited They ae incapable 81 re-
ceivng They legislative created ID virtue
the general righG asoyeregnty which exists IN the govern
ment, IT that aU@s which enables Congress 10
al needGl rules and regulations respecting the terri
tors belonging 70 che United States"
Not beng constitutional courts and The judges not coming
within tbs third article Of the constitution respecting the a
ca power and the tenure during good behavior the qnes-
by what II Office do these territorial judges
hold i there mode Of removing them from Office bat
impeachment BY the House OF Representatives for and
conviction By the Senate o treason bribery other high
- the President BY and with the advice and Of the
Senate commissioned 81 the President they
u
tion the President of the United States all
civil officers appointed By him. and whose Of Office
are not b the itself stable than du
ring pleasure Of the President Of the Unisd States
That President has the Of the United
States Inc poger g removing civil officers appointed and
commissioned b. him. by and with the advice and OF
the Senate where the constitution itself has otherwise
provided BY fixing the tenure during good behavior
been long since settled and has ceased 70 be subject Of
troyersy doubt.
In the great debate which took place upon question
the House Of shortly after the adoption Of the
sautay necessary President should the power
81 removing from GHae i VIII make hum, peculiar
ner responsible Tor their conduct and subject him to i'm
psachnen himself if be cutters them to perpetrnte with i'm
panity high crimes msaenean0rs against the United
states or negscts to uperintend their eondact SO a. %
check their On the c0nsutonaty af the deca
ration have manner Of Doubt
his views and has since been invariably followed in practice
By every President ~ the United States From this power
the Judges appointed for the Territories " the United States
not excepted That these territorial Judges APP
pointed under law which limited their commissions the
tsm Of four wears does ~ ~ means iulv tha hey shan
continue Office during that term they may
behave An express declaration the that they
shBud not, during the term, be removed from Office would
been conflict with the constitution and would
have Ererudsd the President from the exercise Of hs power
a reinnra Tbs Law intended than that these Off
should certainly the end q that term be either
II ooe subjected again 10 the scrutiny Of tbs Senate up
/ \ denomination.
When il Is proposed that this power Of rslnar shall be tx
erttd upon judge appointed for the administration 81
ce to the people Of territorial government il be ad-
ed that caution and crcaspecti9n should be used Bat
the power Of removal vested by the constitution IN the
President 81 the United promote the public wea
fy that IA sf-n
tea, make hE respansibe II be suffers those
Office DO nAniiesy unfit and unworthy Of public eUnh
Il ienee.
TO your inquiry specifically, have only, in
esign, add that my opinion y0u President Of the
United States have the power from ONCE the
rhi Justice q the Territory Of Minnesota for any
NAV in soar Judgment require it..
Win vey high regard have the honor To be your ODE
+ dent servant, j. .. ChITTESDEA--
II 70 the PHEslpEvT If the United States.