The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-08-29

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by law, that the guilt or inrocnce OF an ac-
cused party can be determined. OF such
record, properly authenticated, the Governor
would be hound to take notice, and as it i'm
parts verify upon its ace is presumed to be
the effect of evidence, and to it the word
pro2f aptly applies.
When we remember that this section is
part of code of Laws prepared and arranged
by Lawyers and adopted by the Legislature,
1t will be presumed at least, that they knew
what {" "competeat proof" meant as distinguish
ed from satisfactory or sufficient evidence.
But there are still further reasons showing
that the Legislature did naa intend to invest
tho Executive with this extraordinary power.
In another part of this same Code of Laws
it is enacted as follows:
"A crime or public offence is an act or
omission forbidden by law, and to which is
annexed upon conviction, either of the follow
irg punishments l. Death. 2. Imprison-
ment 8. Fine. 4. Remoral from office; or,
5. Disqualification to hold and enjoy any Of
fice," &C., clearly constituting the offences
specified in the section quoted, crimes, and
by subsequent section they are declared to
be misdemeanors. Rev. Stat ch. SO, sec l.
And in the next chapter it is provided that
No person who is char.ed with any Of
fence against the law, shall be punished for
such offence unless he shall have been duly
and legally conUicted thereof in Court hau-
ing competent jurisdiction of the cause and of
the person."-Rev. Stat. ch. 80, sec. 6.
"In all criminal prosecutions the accused
shall enjoy the right to be heard by himself
and counsel to demand the nature and cause
of the accusation against him; to meet the
witnesses face to face; to haze compulsory pro-
cess to compel the attendance Of aeitnesses in his
Jeha2f and IL prosecutions by Indictment on in
Formation to a speedy public trial by an impair
taljury Of The County or District uhereia the
ogtnce shalt haze been conmHted, which COun-
ty or District shall have been previously as
certained by law Rev. Stat. ch. 90, sec. 2.
Can it be supposed that Legislature
would so stultify themselves, as, after defn-
ing an offence, and declaring that the accused
shall have, inter alia, the right of compulsory
process for witnesses in his behalf and q public
triql By an impartial 5ury and with the same
breath authorize single man, the Executive
of the Territory, to hear, try and determine
the guilt or innocence of citizen, and inhict
the penalty of the law? Surely not.
But even if the Legislature intended to
to invest the Executive with this pow
er it is q gross violation as we'll of the
Constitution of the United States as Of the
Organic Act of this Territory, and is there
fore void
The Organic Act, Sec. 6, provides 'that the
legislative power of the Territory shall ex-
tend to all rishtful subjects of legislation con-
>istent with the Constitution o. the United
States ant the provisions Of this .4ct." And
section 0, of the same act provides ''that the
Judicial power of said Territory shall be
vested in Supreme Court, District Courts
Probate Courts and Justices of the Peace"
1t will uot be denied that it is not within
the power of the Territorial Legislature to
create any other tribunal or confer judicial
power on any other judicial tribunal than
those specified in sec. 9, of the Organic Act.
Does tue Cows construction of the section
of the Rev. Statutes under consideration con-
.er judicial power upon him ? Must he not
first Of all decide what acts constitute official
misconduct or neglect or wilful violation of
"fficial duty; must he not determine judi
cally what evidence is admissible to prove
the facts charged; from the evidence deter
mine the guilt or innocence of the party and
pronounce and execute the judgment? This
section of the Statute then as construed by
His Excellency is clearly inconsistent with
the Organic Act of the Territory and there
fore void.
The exercie of such power either by the
Legislature or Executive is also, as we be-
lleve, in violation of the articles and 6, of
the amendments to the Constitution.
The great object of our government is to
guard against the Capitalization of power
And any one acquainted with our Consti-
tutional history must he aware that one of
the most important as well as most difficult
"fices of the Constitution was the proper dis
tributiOn of power amongst the different
braLches of Government, the Executive, the
Legislative and the Judicial departments
| OF these different branches there can be nc
doubt the first being vested in single per-
son is the one to be most guarded against,
| and that the latter from the nature of its
functions is the least dangerous to the rights
| of the citizen.
''The Executive not only dispenses the
! honors but holds the sword of the commu.
nifty; the Legislature not only commands the
purse but prescribes the rules by which the
duties and rights of every citizen are to be
regulated; the Judiciary. on the contrary
has no influence over either the sword or the
purse, no direction of the strength or of the
wealth of the society and can take no active
| "HoeCNCi. L lis pIONCS,
though, individual oppression may now and
then proceed from the Courts of Justice, the
general liberty of the people can never be en-
danserad from that quarter; l mean so long
as the Judiciary remains truly distinct from
both the Legislature and Executive. For
agree that "here is no liberty, If the po,cer o.
Judging be not separated from the Leoislaeir,
and Egecutiw poasers." Fcderalist n 4S4
In this instance is direct union of the
power of judging with the Executive power
and more striking instance of its danperou,
results cannot be adduced. Any Sheriff: Cor
oner, Register of Deeds, or District Attor
ney of the Territory, may be arraigned before
Territorial Governor, for acts involving par.
tv interests, and without the Intervention o
a jury Of his tsllor citizens, the great bul,rarl
of iIeriy, must submit. the question Of hi
guilt or innocencc to the Judgment of sir
gle man, warped tho that judgment may b
by long life spent in he midst of bitter pc
l,tical partisan strife, incapable though it ma
he Of forming an unbiased opinion where par
ty interests are involved. Who believes that {
G. Ames did or would wiliully violate an
, official duty ?-even his enemies do not
Upon the right or wrong of Mr.. Ames' a,
ton there is another place to speak; but up
on the right or wrong, Of Gov Medary
. conduct we here speak. -A'a sti 70 a'-.iI'
s b CITIZEN.