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Page:United States Reports, Volume 2.djvu/194

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188. Cases ruled and adjudged in the �9¤· _0ut opinion, therefore is, that the power in quelliou, sell.;

 with the Governor, agreeably to the true intent of the Conilig,

tution.' ‘ ‘ - Rasr¤¤r.1ca_ ' Thcqh indifpolition prevented the attendance ol? rn _Crm:r jessica, he had prepared the draft of an opinion, of which the fol. lowing ia a copy, . M‘Ke.u¢. Cbief_7us1it·e. This cafe was argued lall Term by the A::emg1· Gererel in belmlf of the plaintiff] and Mr._77Qvbmnn in behalf ofthe defendant, and was held by the Court under advifement until this Term, not on account of any dilliculty in it, but hecaufe the court rofe lion alter, and a refpeét was due to the dignity of the parties interelled in the quellionl - The foie point is, whether the Governor of Pennsylvania, or the Mayor, Recorder and Aldermen, or Corporation, of the City of Pb.} Iedepbia, has the legal power to appoint and eommillion the Clerk of the Mayor'; Court, for the City of Pbiladeqzbia? The {elution of this quelliop depends on the prefent Conllrtution and laws ofPt·m:, _.g·h•ani¤. We cannot be guided by the laws or-ufage of GreptBritain, with rel`pe€t to the qppointment qt Clerks, pr Cllirers of Courts of —€Rec¤:d there, hoyever we may approve thern iu this particular. In the aft entitled, 9 An aft to incorporate the City of PbiIade!- j·5iu," pal`ed the rub .Mar¢·b I789, the oice of Clerk is not men- . tionrd by name; but fuch an ollicer ia necelfary to a Court of Re- eord, and by the common law it is incidental to fuch a Court to ap- point fuch an oEcer’. Belides, by the ggth faction of that act, the Corporation have an exprefs power given them to appoint all fuuir oiccrs as they Stall think necellary for the well governing of the city, and the ordering of the alfaxrs there;-f. lt is now unneceliary to enquire, whether this feélion rmlitated with the conllitutional pow; ers of the Supreme Executive Council, or a former legillative coné llruélion of them, as we mullbe governed by the prefent Conllituz tion. " By the Srl! feflion of the feccnd article ol? the Conllitutlon, “ The Supreme Ererurioe poorer of this Commonwealth rs veiled in the Go- vernor." By the Sth feélion of the fame article, " He lhall appoint a!] qfeers, nhofe o$ces are ellablilhed by that Conllitution, or {hall be cllablillred by law, and whole appointments are not tberein alber- suise prooid;d_frr.'l In the¢t. 4,“all commission: {hall in the name and by the authority of the commonwealth of Pemngyloa- nin, and be fvaled with the State Seal, and si ned Qy tbz Gouermvr; gmd by the Sth see. of the fame article, “ the gl`real`urer is to be ap, pointed by the members of both houl`cs." “Al| other odicers in the 'l`real`ury Department, Aztcrnies at Law, Election Olliters, Ollicers relating to Taxes, to the Poor and Highways, Conltables and other 'llmnilllip oflicers, lhall be appointed in l`uch manner as is. or lhall be, liireetcd by law." Here then is an enumeration ofthe officers whole npgntinunents llrall be, or may bc, made otherwife than hy the Gover.:

.•e·, wad this ir the only pmvilion in the Conflitution which lnnits his