eclaring that they concurred in opinion with Judge
Willis, and that they could not continue to transact business in a Court
which they believed to illegally constituted.

The emergency brought about by Judge Willis's decision, and by his
consequent withdrawal from the bench, was one for which the Executive
deemed it essential to provide without unnecessary delay. It was
manifestly impossible that matters should remain _in statu quo_. The
time for holding the annual circuits was approaching. Mr. Sherwood was
the only Judge remaining on the bench, and a Court composed of a single
Judge is not a satisfactory tribunal for all purposes of justice. The
Council took the opinions of the law officers of the Crown as to the
soundness of the Judge's views with respect to the constitutionality of
the Court of King's Bench. Those opinions were in direct opposition to
the conclusion at which Judge Willis had arrived. The Attorney-General's
was a remarkably exhaustive and lucid exposition of the law bearing upon
the question. It was also free from ambiguity, and left little room for
doubt. These opinions were strengthened by that of Justice Sherwood,
who, at the request of the Executive, also prepared an elaborate paper
on the subject, in which he expressed precisely similar views to those
enunciated by the Attorney-General. The question was then submitted to
the Crown officers whether the Lieutenant-Governor could legally remove
Judge Willis from office and appoint a successor. The answer prepared by
the Attorney-General, and signed both by him and Solicitor-General
Boulton, came with remarkable promptitude. "Upon the points submitted to
us," it ran, "we are of opinion, 1st: That the power to remove an
officer depends on the tenure of his office. In this, as in other
colonies, the appointment of a judge is during pleasure; and we conceive
that in law any person holding an office on such a tenure is removable
at pleasure: that is, at the pleasure of the Lieutenant-Governor, acting
in the name and on behalf of the King. The reasons for such removal are
to be rendered to His Majesty by the Lieutenant-Governor, who is
responsible for their sufficiency.... 2nd: We are of opinion that a
removal of a Judge of the Court of King's Bench necessarily vacates the
office, and that another person may be appointed to fill the vacancy,
subject to be confirmed or disallowed by His Majesty."

The Executive acted with great circumspection. Fortified as