The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-08-06
Psocs ediaE. OF the Cssssst astsa.i Goa
Srnt1ou.
srpor,es Tor he PSoueer and p-mcsrs
Naxnv An.r,ss lst-

o'clock The Journal having been mad and
approved, on motion Of Mr.. SETTER call
Of the Convention was orsieri and the
Sergeant at Arms was sent after the alb
seu,ees A quorum being in attendance,
further proceedings under thu call were dis
pensej with
Mr.. KENNEDY had leave Of absence
Tor the day.
Mr.. kINGSBUR Y offered resolution
requesting the Secretary 20 report why GER
tain printing ordered by the Convention had
not be furnished Adopted.
Mr. GORMAN offered resolution d.
fect!ng the reporter 10 report under the d.
rection Of the President. in full, the reports
and proceedings Of the Convention upon the
organization and formation Of the Constitu-
ton. and furnish an abstract Of the debates.
Adopted.
Mr. DAVIS offered u resolution tor the
appointment Of committee IA ascertain
whether the printer can publish the debates
from day TO day and upon what TERMS
Adopted.
Ca motion Of Mr. NJ f. AMES, the
Convention went into Committee Of the
Whole, on the Report Of the Committee on
the distrbu,ion Of the powers Of the Gov
eminent.
Mr.. A. +. AMES in the chair.
Mr. SETTER inquired il the article
would take away from the Legislature the
power Of making lawyers
Mr.. NJ. l.. AMES would inform the gen
tleman that the article will no, take away
lroa the Legislature the power of making
lawyers for the reason that i, never had the
power, and seldom the ability or qaalifica-
tons. CIaugh,er)
Mr.. FLANDRAU raised the question
whether the article would exclude lawyers
from being members Of the Legislature.
They were officers OF the Court.
Mr. NJ. T.. AMES replied tina, the aril-
Gle would not exclnde lawyers from the leg
stature. bu, il would exclude Judges.
Mr. MEEkER did not consider lawyers
and clerks Of court members Of the judicial
department.
Mr.. BROWN moved 10 strike out the ar
ticie II would, he thought exclude Justices
Of the Peace and Judges Of Probate from
being members Of the Legislature.
Mr. VI. +. AMES, stated that justices
If the Peace wers never considered as be
longing To the Judiciary department as that
term is used 10 the Constitution. The pro
vision was common TO the Constitutions Of
several Of the States.
Mr.. BROWN II Justices of the Peace
and Judges of Probate do not belong to the
judicial department. TO what department do
they belong, They are not n part OF the
legislative or Executive departments. II
there is any doubt on the subject it should
tie removed.
Mr.. FLANDRAU Whether these Off
GERS will be deemed to belong TO the Judicial
department or not, will depend upon the
wording Of the Constitution.
Mr.. MEEkER was of opinion tina, under
the Constitution which viii be framed, they
viii belong 10 the judiciary lie thought
Judges of the Supreme Court and Circuit
Judges should be excluded from seats in tn
legislature II Justices Of the Peace and
Judges Of Probate exercise judicial powers,
why should they not be also excluded But
ifit ia though, bst Ia admit 10 the Lcgsla-
turr the latter named officers, let a clause be
adopted 20 admit them; but he was in favor
" retaining the article ~ il stands,
Mr. BROWN made the motion only 10
grt question before the committee, He
withdrew il, and offered the following
amendment: Add to the article, This ar
'icle shall not bc construed 10 esclnde Jus.
ices Of the Peace and Judges Of Probate
from seats IN tc legislative Assembly, or
rXecutlve Offices,
Mr.. SHERIFF RNE thought these off
rrrs were no. part Of the judiciary, unless
made 50 by express statutory or cons'ltu,
tional enactment. The Constitution should
bc So framed ~ 10 t,c consistent with itself
Mr. WARNER was opposed to allowing
an officer Of any department 10 hold any
other Office AZ the same time.
Mr.. WAIT considered the whole Of the
latter part OF the article out Of place, and
anticipating what would properly he III
ser,ed in the article prescribing the qualifi-
cations IL the officers Of the several depart
ments Of the government
Mr. MEEK Err wished 10 50 the old dis
,inrtious between the legislative, executive,
,ud judicial departments Of government,
Kept up. The man who makes the law. as
a legislator. should not construe Il a. a
Judge, or execute il a. ministerial officer
The hoder Of one Office ought TO be satisfied
with II. and not ambitions "a hold several
Offices al once.
Mr.. BECKER considered the fact that
learned gentleman Of the Convention differ
ID ~ 70 the eject 81 the article, sufficient
reason for amending il. 80 a. 10 exclude any
doubt a. Ia ia construction. He moved 10
strike on, all Of the article except the fol
lowing words The powers OF the Govern
nent shall BE- divided into three distinct DE
partnen,s.--the Legislative, Executive. and
Judicial
Mr.. BROWN withdrew bis amcndment
Mr.. SHERBURNF II has always
teen thought eIpedieut to keep the depart
mcu's OF government distinct. There -
little danger from keeping good men out Of
gilice, but much from getting improper men
IN |, il enough for ouc man TO bold one
oaicc at a time. Bat b. did not consider
.lgsticss Of the feacc and j adgrs 81 Pro-
tate as belonging 80 the Judicial depart
Dcn,. He hopd the anepdment wonld not
prevail
Nr FLANDRAU. Tbcse osicers viii
e made q part Of the judiciary In the
sparseiy settled cosBtries the hes, men will
neceSsar,ly b. sclected for justices Of the
i'ear~. AMI Il would not h. inst Ia tho~e
eommuui,ies 10 d'psiTe them Of the -rviofs
" those ulen IN the LEGISLATURE.
Mr.. VI. T.. AMES. The article reported
by the COMMITTEE "a not only found 10 most
Il ;Ae Constitutions q the Stats sbich
have recently undergone revision bat !. alsn
iluni ~ the Constitution II the United
-'a'es IN no state are justices os the
re,ce cr Probate Jadg~~ considered a.
snrmbsr. Of tn JqdlciATy. No decision ID
Any cogr, can IN fog3d to ,ha; ef,ct.--
With eqsal propr'ety Registers q l'e~is
sheriff. and Coas,ables might b. callai
r4ornt.~s The executive Cetar.mfnt Thsy