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act in the case. Can we not go behind the great seal of the
State ? If a successor was appointed by the Governor to Judge
Martin, we could go behind the great seal and show it
was improperly used by him. We could show that he had
no authority, or that he had improperly exercised this authori-
ty. Our friends want us to admit that a proper case was
raised before the Governor, that he had the proper authority,
that he had properly exercised his authority, and then, upon
their theory, we are to argue the Constitutional question.
Such a question cannot be determined by your Honor in this
summary proceedings. That question is out of the way. If
he had the power to remove us, and rightfully exercised that
power, and all these facts were proved before you, it would
be no answer to the charge against these parties—that they
were conspiring to enforce their right in an unlawful manner.
Can parties claiming to freehold of which I am possessed, con-
spire to thrust me out by force ? Then close all courts of
justice If they had title, they had no right to conspire with
the sheriff, and secure his posse, and the army of the United
States, and the militia of the neighboring States lately in
rebellion, to use such force in depriving us of our franchises.
What is the evidence of title ! A copy of the sentence taken
from a letter press. I will not take advantage of this point.
I have seen the original with the great seal of the State af-
fixed. Is the sentence alone evidence of title, without a copy
of the charges or of the testimony in the case ! I should
like to see a case to this point. The Governor says he has
discharged these people for official misconduct, but the me-
morial not being here, you don't know what the charges are.
The Governor is of inferior jurisdiction, and is subject to all
the restraints of a specially delegated jurisdiction. It is,
therefore, not sufficient to place upon the order the simple
tact of the sentence, but all the facts must be exhibited which
led to that judgment. I refer to 2 Burroughs, 731. It is true
that where an emotion is returned all the necessary facts must
be exhibited to show that the emotion was in proper and
legal form. The court must say whether the facts found by
the Governor were cause of removal. That is rule applicable
to the exercises of special authority. Cases are in the books
where the facts were set out, and the courts decided they
were not cause for removal. These gentlemen never at-
tempted to put themselves rightfully in possession of this
office. Mr. Young was appointed in place of Mr. Hindes,
and Mr. Valiant in place of Mr. Wood. Each could only
claim a seat at the board. They did not go there and re-
spectively claim a seat at the board. That Board is compos-
ed of three persons. They never put themselves in commu-
nication with the Mayor. They never summoned him to at-
tend their meeting. They open a distinct office and arrogate
to themselves conjointly the functions and authority of the