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Show 416 Acrs RELATING Part III. a diflinc‘t conl‘tituent branch of the legia Sect. VII. To THE Cotoniss.‘ 417' {hould have been continued to the coun- immediately refponfi'ble. And who is the go: vernor that would not rather trufi to the official information and advice of a body of men acting in a refponfible character, than‘ to the privatead-ice which may be whifpered in his ear, by the Very fame perfons, acting only in their private and individual cil, confidercd as a council of Hate. Their capacity? concurrence is no longer necellhry to the vernor might derive from the information or advice of fuch a refponfible body; whatever cheek he might be under from the neceflity of obtaining the concurrence of fuch a body in the nomination of thofe who are to exercife the judicial power, are taken away by this act. The confent of the council is not neceffary: nor is the governor bound to afla, nor they to give their advice. Indeed it appears, that the intention of the legiflature was to render the officers of juf'tice, as well as the cotmcil, entirely dependent on the crown. Under the former goVernment the judges were dependent on the deputies of the people for a. Ee tem~ ilature. In the next provilion it feems to con- fiderit merely as a legillative council, and takes from it the functions which had before been allotted, and for ought appears, nomination or removal of the judges of the inferior courts of common pleas, com- miflioners of oyer and terminer, attorneygeneral, provoit, marlhals or juf'tices of the peace: nor to the nomination, though it be to the removal ofa flierifY. The appointment of a certain number of perfons, a certain body, without whole advice at lealt, if not their content, the governor ihould do no a€t of government, feems to have been generally confidered as a ufeful guide in the exercil‘e, as well as a {alu- tary check upon the abufe of power. At leai‘t it increaies the number of perfons immediately Whatever advantages the go- 7i 1 rm: .1). |