Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/536

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AUTHORITY.


and consequently discharged from all obligations of allegiance; and when it has become necessary to assume governments for immediate security, the governour, lieutenant-governour, secretary, treasurer and attorney general should be chosen by joint ballot of both houses."

"The governour, by and with and not without the advice and consent of council, should appoint all judges, justices and all other officers, civil and military, who should have commissions signed by the governour and under the seal of the colony."

"Sheriffs should be chosen by the freeholders of the counties. If you choose to have a government more popular, all officers may be chosen by one house of assembly subject to the negative of the other."

"The stability of government, in all its branches, the morals of the people, and every other blessing of society, and social institutions, depend so much upon an able and impartial administration of justice, that the judicial power should be separated from the legislative and executive, and independent upon both; the judges should be men of experience in the laws, of exemplary morals, invincible patience, unruffled calmness, and indefatigable application; their minds should not be distracted with complicated jarring interests; they should not be dependent on any man or body of men; they should lean to none, be subservient to none, nor more complaisant to one than another. To this end they should hold estates for life in their offices, or in other words their commissions should be during good behaviour, and their salaries ascertained and established by law."

"If accused of misbehaviour by the representative body, before the governour and council, and if found guilty after having an opportunity to make their defence, they should be removed from their offices and subjected to such other punishment as their offences deserve."