Weekly Minnesotian and times., 1859-12-24

der of Red Shirts. and Brogans' 'to the st
Croix Lumbermen," might be pardoned, if ht
should have ''lttle knowledge" of the "court
esy and respect due to the highest Judicia
tribunal in the State p
In this summing up of the claims Of the
Court to high courtesy and respect" we
have purposely omitted the Pioneers own
accusation, the other day, that Judge Atwa,
ter was guilty of perjury and only escaped
the penetentiary by technical defence on the
part of his Counsel
But touching the point at issue-outside
from the Democratic sneers of our contem-
porary at Vendors, or Wearers of "Red
Shirts and Brogans'- we not just wit
messed in Mr. Sibley's Message, his deliberate
ly expressed doubts respecting the infallibil
ity of this same Supreme Court ?
Speaking of the "priority of lien " to the
State from the First Mortgage Railroad Bonds,
his acting excellency says
at was Questionable in my mind whether
the Supreme Court possessed jurisdiction in
the case!"
Now, we submit, that if the Executive of
the State may "question the Supreme
Court about its unwarrantable assumption of
jurisdiction to control his coordinate
branch of the government, it is also perfect
ly competent for the Legislature, which is of
even higher authority, to inquire into and to
protest against, and, if it deems fit, to disre-
gard entirely, the mandates of said Court,
whenever it presumes to arrogate to itself
powers which do not belong to it, but which
do belong solely to the Legislative branch
and to no other
This is just exactly what the Court did in
the Fillmore County case. The regular Can
vassing Board of the County made up the re-
turns as directed by law, and gave Messrs.
Holley and Wells, the Republican candidates
for Senators, the certificates of election, in
pursuance of said canvass.
That was, properly, the end of the matter,
until the Legislature met. The Constitution
expressly makes each branch of the LegiSla-
ture sole judges of the qualifications and cleo
ton returns of their members, respectively
If Messrs. O'Farrel and Bryant, the Demo-
cratic candidates for Senators, had any just
claim to contest the seats of the gentlemen to
whom the Canvassing Board had awarded the
certificates Of election, it was their right and
duty to appear before the Senate, and contest
there in proper form and with proper evil
denee.
But no; that would not do 1t was sup
posed the next Senate would be very close.
Some partizan advantage might be got by al
lowing pretcAt to an INSCRIPTIONS presid-
ing officer like Holcombe, to exclude the
Senators regularly returned; and so: the
partizan Supreme Court was applied to, and
was found ready, even at the expense of de-
liberate violation of the Constitution, to arro-
gate to themselves the powers vested solely
in the Senate to decide election contests
amongst its members; and it was thus and
for such reasons that Court ordered man.
damus to issue to the successors of the Can
vassing Board, to give O'Farrel and Bryant
new certificates of election
And, because the Senate will not tamely
submit to this assumption Of unconstitutional
"jurisdiction by coordinate and not SUI
perior branch of the government-an as
sumption arrogated entirely for partizan pur-
poses that Senate is to be denounced by the
party organ of the Court, as deficient in
courtesy and respect" and Mr.. Stannard,
the superior of any man on said bench, in ''ed-
ucation," in experience" in character and in
alent, is to be denounced and sneered at as
merelya a "Vender of Red Shirts, Brogans and
Goldfish to the st. Croix Lumbermen.'
The Pioneer had better dry up on these
points, or conduct its new-fedged "opposi-
ton" tactics with nicer skill. Come, take
lessons from us. Well show you how to
win-just as we perhaps