Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1872-03-20
MlrCuELL'S SPEECH.

nUrIty report was that h e principle
ri Ousting Ordinances is repuguant
to our Republican form of govern
mcmt. After al exhaustive and de-
monstrativc argument, upon the le-
gal power and constitutional right of
the General Assembly TO pass d law
ousting the county court. MIR. Mitch
ell proceeded
Now Mr.. Speaker and gentlemen of
the House, having, in my opinion,
thoroughly rcfuted every legal argu-
mc,,t advanced by the gentlemen i'll
tic minority. | will proceed to dis
cuss the last aud more general issue
raised by said report, and attempt to
satisfy this house, that the principle
Of Oustiny Ordinances, or bills i'll the
General Assembly In the sature Of
Ousting Ordinances, are not wrong
III theory or practice, but right; no,
rcpnEnant to the spirito of our Rcpub-
lean form Of government. but wise,
and an exercise of that general and
intentionally underlined authority,
that il might have latitude to meet
the special ease, ~ they arise. which
is the axis itself on which the fabric
Of our free political institutions re-
volvr, and which YOU cannot impair.
without Earring aud ovcrturning Ii
form Of government. 1t is nh essen
tial element Of the sovereignty
Of the people, wi,hou
which | am at Il loss T." understand
how a free political organization can
be. maintained. Then the questions
. rccurs is the displacement of an
officer by Legislative enactment right:
and i, it wise; ! admit that the bur-
den rest. upon me as All advocate of
the pending bill to satisfy this House
that these two questions should he
answered aiNrmatiyclv, and the que>-
ti"n of right first considered: tor If
THAT be .aISwcrcd negatively, tn" con-
.trovcr>v is determined, as, III my
humble. Judgment it cannot be wise,
to do that which it is not right to do.
Then is Legislative displacement Of 4
: pubic officer. for good cause shown,
right?
The rightful powers Of Government
. must he determined 10y 4 reference Ia
the object and functions Of govern
= mcnt. Not to speak with absolute
p accuracy, the functions of govern
{ mant are. in general terms. to pro
t tcct life. liberty and property. The
4 first step TO be taken in the organiza'
Il ton of Il government. is the adoption
T. Of certain recognized rules of action
j. But laws arc not seif-cXrcutinE, AM
;, government can become effective only
= through official agents. The exercise
I of civil power. involves the cNcrris'
Il of individual discretion. Hence gov
y crumcnt MAY become bad, either b,
: having bad laws, or by having ba'
T. mcu to administer them.
Il We lex enquire: What Is q pub
lie officer? The question will. ill Thu
Il free land Of ours. pcrplcx II" one. lii
g il person employed by the sover
Y ci.n people. or,if you prefer SO TO say
X by government, to discharge 'dutic
I prescribed by law. This definition
= embraces the Legislator. whose pre-
- srribcd duty i, to make laws for tn
: benefit of the people, but whose me
g dunn he IS, aud hence the representa-
Il tive of natures srlf-defensivc primer
d pie in our government. An officer i
l. accounted in law a trustee Of til
If powers delegated him. and the qucs
nj ton we are to consider aud the que.
st ton raised by the pending bill.
n what is the tenure ofRis trustcc-shil
a Technically defined. it varies in ditfcl
l. cnt cases. Sometimes he i. employee
s. to do a certain job of work indepent
RS takcr. and again (as is usually I'll
At casc.) lie Is employed for a spccii
ID term, sometimes during life or zoo
behavior. In either of these cases.
III freely admit that 81 i i'T'md .fnc'
n proposition. that for society or go
t. ernmcnt to di,placc him before IT
j. expiration Of the prescribed time Il
nc which he i, employed, Is Il Violate
NJ of GOOD faith. But let us not pcncr;
&c izc too hastily. The same rule
ny ,.ight which in such ease i, applicab
les to any indi, idual, j. the rule OF rig
for government. with that mOdifiC
lat ton in favor of government. cAprc'
Id cd in the piaxim of law that up
RIB vatc mischief i to be endured. rat
'ye er than a..public Inconvenience" Al
,tc vet viewing it even from an indivi
'w ual standpoint, admitting for the "a
nat of arguin"nt. that the relation n pu
en- tic officer bears to the government
'd- of the nature OF contract. (whI
cir however is not the case. Is is esta
ICY lished by i~nnulnerabie legal nutht
he itics.) If the farmer cmploysa woI
be man for \ twelve month. and shOr
finds him vicious or even merely
20 competent: finds him destructive
wa..cful. the farmer thinks. hlms
pic justified in dischar@ing him.. a
he he isv,ndicntcd bysocie,y,bythe sei
i,h nfjus,irc Of mankind and by the la
pst viudicascd in resembling the coutr'
pie on his side, by the fact that the C
ID plovce first violated it and
,J employer to Il counter violation
ter self defence. Su.h action is !
sod donbtf"Uy right. IT is clearly Il
X. comspicunu.ly right: tits not an
e.. COMMUNICATING morality, but q pr
in and refined morality. To hold
st. opposite rule; to deny the eniplo.
RE this right, would be to make hin
the prevto every sharper: to give I'M
ub nity to knavcry, and make rules
en-, the punishment OF honesty. I
csc same rule thus obtaining, obtains
lnd the case Of society and its cmployt
oad and the opposite would be rs ruin'
the TO society and good government,
and to the individual.
That this conclusion Of right is
: ." cOYnized lac .ocipfy uDDeara from