ore the principle
under examination had become an object of political attention.
The constitution of New York contains no declaration on this subject;
but appears very clearly to have been framed with an eye to the
danger of improperly blending the different departments. It gives,
nevertheless, to the executive magistrate, a partial control over the
legislative department; and, what is more, gives a like control to
the judiciary department; and even blends the executive and judiciary
departments in the exercise of this control. In its council of
appointment members of the legislative are associated with the executive
authority, in the appointment of officers, both executive and judiciary.
And its court for the trial of impeachments and correction of errors is
to consist of one branch of the legislature and the principal members of
the judiciary department.
The constitution of New Jersey has blended the different powers of
government more than any of the preceding. The governor, who is the
executive magistrate, is appointed by the legislature; is chancellor and
ordinary, or surrogate of the State; is a member of the Supreme Court of
Appeals, and president, with a casting vote, of one of the legislative
branches. The same legislative branch acts again as executive council of
the governor, and with him constitutes the Court of Appeals. The members
of the judiciary department are appointed by the legislative department
and removable by one branch of it, on the impeachment of the other.
According to the constitution of Pennsylvania, the president, who is the
head of the executive department, is annually elected by a vote in
which the legislative department predominates. In conjunction with an
executive council, he appoints the members of the judiciary department,
and forms a court of impeachment for trial of all officers, judiciary as
well as executive. The judges of the Supreme Court and justices of the
peace seem also to be removable by the legislature; and the executive
power of pardoning in certain cases, to be referred to the same
department. The members of the executive council are made EX-OFFICIO
justices of peace throughout the State.
In Delaware, the chief executive magistrate is annually elected by the
legislative department. The speakers of the two legislative branches are
vice-presidents in the executive department. The executive chief,
with six others, appointed, three by each of the legislative branches
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