Page:Federalist, Dawson edition, 1863.djvu/485

, Executive, and Judiciary departments shall be separate and distinct; so that neither exercise the powers properly belonging to the other; nor shall any person exercise the powers of more than one of them at the same time; except that the justices of county courts shall be eligible to either House of Assembly." Yet we find not only this express exception, with respect to the members of the inferior courts, but that the chief magistrate, with his Executive Council, are appointable by the Legislature; that two members of the latter are triennially displaced at the pleasure of the Legislature; and that all the principal offices, both Executive and Judiciary, are filled by the same department. The Executive prerogative of pardon, also, is in one case vested in the Legislative department.

The Constitution of North Carolina, which declares, "that the Legislative, Executive, and supreme Judicial powers of Government ought to be forever separate and distinct from each other," refers, at the same time, to the Legislative department, the appointment not only of the Executive chief, but all the principal officers within both that and the Judiciary department.

In South Carolina, the Constitution makes the Executive magistracy eligible by the Legislative department. It gives to the latter, also, the appointment of the members of the Judiciary department, including even justices of the peace and sheriffs: and the appointment of officers in the Executive department, down to captains in the army and navy of the State.

In the Constitution of Georgia, where it is declared, "that the Legislative, Executive, and Judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other," we find that the Executive department is to be filled by appointments of the Legislature; and the Executive prerogative of pardon to be finally exercised by the same