The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-09-23
Andrew C. Dunn, Commissioner.

OVA1AsA1eS~eO.-~-S
We publish below correspondence between
Mr.. Brisbin, Chairman of the Democratic Cen-
trail Committee and Gov. Miller. The Gov
ernor's reply TO- the communication is CURIOUS
and unique. The only fact with wnicn ~
seems to be intelligently impressed Is 'n". M''
Brisbin is a lawyer, and then Pio'oo~0 W
charge him with knowledge Oh cei 'Aa p'o-
positions of which he assures us ne Is prolouno-
" IGNORANT g. a.: "He DUNN was appointed "
and was confirmed by the Senate and you
know as a lawyer, that have no power to re-
more an officer after such confirmation" Mr..
Rrisbn tells us that he ''knows no such thing
bnt on the contrary he has the authority OF the
Surname Court of the United States in sup
mort of the power abnegated by the Governor.
Judge Aaron Goodrich was appointed one Of
the Justices of the Supreme Court of Minneso-
ia, his commission by its term running for four
years. He was displaced from office before
the expiration of his term, not for cause, but
by power which the Supreme Court OF
the United States decided to be inherent in the
Executive. This case is much stronger than
that of Mr. Dunn, whose appointment is for no
specific period.
The Governor conveniently ignores the facts
referred to in Mr.. Brisbin's letter and which
are of record, by reason of which it is claimed
that Dunn is absolutely disqualified to just the
same extent that he would be if dead or remov-
ed from the State.
Touching the fourth proposition" of his
Excellency, Mr.. Brisbin informs US that he is
Just as much in the dark as he admits himself
to be upon the second and third. You
know. &C. that there is another tribunal be-
fore which you could have received remedy"
The learned Governor could have had " in
his minds eye' if his mind has an outlet for
vision (quereD two remedies-one mandamus
to compel the Executive to appoint. 1t is rath-
er late in the day to inform even laymcn that
this process will not lie to an executive officer
to compel the performance OF an act within
the sphere of his official duties. The other
"remedv must be in the nature of proceed
ing By "quo warranto" This "remedy" is
available when an individual usurps an Office
or intrudes therein without lawful claim. The
proceeding may move at the instance of COM
petng claimant OF the Office or of the State.
Here there is no competing claimant and as
TO whether the Republican Attorney General
would move with the requisite alacrity, even II
he could, guere But there is another fatal fact
to the Governors special plea. Quo Warranto
is predicated upon the usurpation of an Office
Mr.. Dunn's commission, if we mistake not,
dates from yesterday. He usurped the office
yesterday. and left to discharge its functions to-
day, the 10th. The other remedy, therefore, il
Of any value. was entirely impracIicablc. This
subterfuge and this pretentious ignorance is
unworthy of The Governor, f0r whom we have
due respect
Proposition five is admitted, and all that
Mr. Brisbin requested was that the Governor
would give the Democratic votes to 8 one of
the Commissioners to wit, Allen Harmon,
believed to be an upright and an honest man.
proposition six. shows clearly that His
Excelency either did not read or could not
understand Mr. Brsbin's letter, which did not
charge Mr.. Dunn with perjury committed, but
with pledge to commit official perjury" by
the non-delivery Of Democratic ballots.
On the whole, we are inclined to commend
to the Governor the time honored maxim Of
the Romans. ''ne sutor ultra crepiddm.' ''Stick
to your last" Governor. Keep to the Execu-
tive Chamber, unless the exigencies of the
loyal party" may require you to visit Fort
Smelling and close the religious services of the
Sabbath day by political exhortation.
If you will do the former you may be able to
inform us how you came to find War DEM
ocrat" in the Republican County Attorney of
Faribault county; in the Clerk Of Republi-
can Legislature; in a delegate to the Republi-
can Judicial Convention of the Sixth District;
in delegate to the Republican County Con-
vention; in the man who, no longer ago than
yesterday, proclaimed himself in your presence
a supporter of Lincoln; in the man who ap-
piled for his position as Republican, and,
finally, why you have debauched and prostitu-
ted the office of Governor of this State by PAN
dering to the behests of political party, at
the expense Of a manly statesmanlike inter-
probation and execution Of a law which you
are bound to obey.