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


cellency, Gov. Medary, at the instance Oh y.
l.. Chase, for the removal from Office of c. q
Ames, Register of Deeds of Hennepin Coun-
ty, demand, we think, a more careful mvesti-
cat on than they have received at the hands
of the community, as we believe the action Of
the Governor in that case to be without au-
thor,tv and deadly thrust at a fundamen-
tai principle of our government.
The facts of the case are briefly these: On
the 10th of June last, Mr.. Ames in obedience
to citation from his Excellency, appeared be-
fore Governor Medary to answer certain char
ges specified in the following affidavit OF Z.
l.. Chase.
To His ErceAsncy Samuel Medary, Gorernor efNin-
nesota Territory:
The undersigned, resident of st. Anthony, Hennepn
comfy in said Territory, respectfully represents tht Y.
G. Ames Regi ter OF Deeds and for said county Of
Hennepn has guilty of official misconduct and neg
lect of duyin his said apacy as such Register o Dse
and the undersigned specifies states that said official
and nelect of duty consisted In doing the
and emitting and neglectng to do the acts herenaf
ter enumerated to wit: 80
turned the Judges of Election as having been cast IN
ST. An ony Precinct for members to represent SAID pre-
cnct in the Constitutional Convention be held in and
for said Territory.
ID In refusing count said votes.
3d. In refusing make out a certificate of election to
B. B. Meeker, William NJ. Laschelle, Charles L. Chase,
and Calvin A Tutte, they having received the highest
number of in said precinct for delegates to said
Constitutional Convention
4th. In granting certificates of election to Dana NJ.
Hall, David A. Secombe, j. II. Murphy, and S. W. Put
delegates represent said precinct in said Consti
tutiona Convention they not beeg entitled thereto
Wherefore the undersigned respectfully prays that
the c. G. Ames, for such official misconduct and
neglect of duty be removed from his said Office of
RpuiSfa of Deeds iSofHp
S''''' u D|@'' VI ''|''' f CHARLES L. CHASE.
Territory of Minnesota, l..
Henepin Comfy.
Charles L. Chase being duly sworn says the
ted in the foregoing statement are true Of his own
Subscribed and sworn to before me, June 10th, 1851
JAS. R. LAWRENCE, JR.,
Notary Public NJ. t.
The trial took place at the time appointed.
The only evidence offered was to show the
commission and omission of the acts, specified
in the affidavit as constituting the Official
misconduct and neglect of duty, charged a.
gainst the accused, for which he should be
removed from office.
1t is not pretended that any record of
conviction of Mr.. Ames before judicial tri-
bunal for any official misconduct or neglect
of duty, was then offered in evidence, or pro
duced to the Governor, nor is it pretended
that any such conviction ever was had. Z pom
evidence before him, Gov. Medary, as appears
by the following executive document, adjudg-
ed Mr.. Ames guilty of official misconduct
and neglect of duty and removed him from the
office of Register of Deeds of Hennepn COun-
ty, man who had been placed there by the
people of that County in the exercise of their
rights as freemen.
EXECUTIVE OFFICE, MIN TERRIToRy,l
Saint Paul, June H. 1851.
SIR After considering the evidence in support ofAhe
charges preferred againstyou by Charles L. Chase, ESQ.,,
and from careful examination Of the statutes regula
ting and defining the duties of your Office arrive
at no other conclusion than that you have transcribed
your lawful power, and been guilty of such official mis-
conduct and neglect of duty compels in the just
and impartial performance of my duties, to remove you
from office.
You therefore notified, that by virtue of the pow
er me vested by law, have this day removed you
from the office of Register of Deeds for Hennepin
ty and hereby declare said office vacant. From this
date will consequently to exercise all powers
and duties belonging to said office by law in any wise
pertaining thereto and YOU are hereby directed to de-
successor when he shall be appointed.
Very respectfully,
Your Obedent Servant
8. MEDARY, Governor, NJ. I.
To C. G.. ANEs, ESQ.,
The authority we should suppose, must be
very clear and undoubted upon which Gov
ernor would thus disgrace a fellow citizen
who had been endorsed as man of integrity
and capacity for the position he filled, upon
which he would thus strip from the shoulders
of freeman the official mantle with which
the people, his neighbors and. fellow citizens
Of this county, had lately clothed him and
especially so if that Governor were a stran-
ger in the community scarcely seated in his
positlon; placed in the Executive chair not
by the people of the Territory, but by Ma
tional Administration, unacquainted, to a
great extent, alike, with our people and their
wants.
But.what is the case The authority will
be found in Sec. of Ch. 10 of the Revised
Statutes of Minnesota, page So, and is in
these words:
"SEc. 4. The Governor may remove from
Office any Sheriff, Coroner, Register of Deeds,
or District Attorney, whenever it shall appear
to him by competent proof that either OF
such officers have been guilty of official mis-
conduct or neglect, or have wifully violated
the duties of their Offices, giving to such off
Ger copy of the charges against him, and an
opportunity to be heard in his defence"
This is the extent of the authority for such
an important and delicate step; for an act
which, even if justified, should be exercised
with the greatest caution; and we confess our
surprise that man at all acquainted with
the principles of our Government, should at
tempt for moment, upon such authority, to
base such action.
What is competent proof?' "The words
eridence and proof are often used indiffercntly
as synonymous with each other; but the lat.
ter is applied by the most accurate logicians
to the effect of evidence and not to the medi
um by which truth is established-1 Greenl
Ev. ch. l, l.
s'By competent eridence, is meant that which
the very nature OF the thing to be proved re
qures as the fit and appropriate proof in thu
particular case such as the production of
writing where its contents are the subject O
inquiry. By satisfactory evi1ence, which
sometimes called sufficient evidence, is intend
ed that amount of proof which ordnari
satisfies an unprejudiced mind beyond reas
enable Doubt Greenl Ev. ch. IA
1t appears to our mind evident that tn
Legislature never Intended to invest the Exc
cutive with any other or greater power thai
to remove the officers specified in the sectio
of the Statute, after conviction, in the man
ner required by law, before competent ju
dicial tribunal Of the offences, or some, o.
one of them, specified as ground of removal
In other words the Legislature never IN
tended to authorize the Governor to pass upo
the guilt o. innocence of any citizen of our re,
ritory; never intended TO constitute him jar
Judge and E1ecutire, in any case even ha
they the power so to do. The guilt of tn
party must appear to the Governor by "cem
pe'ent proof y that which tie nature Of Il
case requires "as the fit and lappropaia
proof in the particular case, ;" which in th