Page:United States Reports, Volume 2.djvu/193

 Sunnis: Omar or Pmyjlinnbi 187 iotzoration; but in the old Conllitution, je?. zo, it was ex- 1792. p y prorided that the Supreme Executive Council lhould ap- vvw point all oflieers, civil and military 5 and the expolition given to this fuhjeel by theCouncil of Cenfors, isbinding on the prefent decilion. Upon the whole, the Mayofs Coun mull: be confi- dered as a judicial inltitution under the laws of the Common- wealth; intended as a iiibllitute for the City Court, whofc Clerk was not appointed by the judges; but originally by the Legillarure; and afterwards by the Executive, upon the autho- ritgpf the Council of Cenlbrs. ns Coorsr having kept the cafe under adeifernent ’till thc prcfent term, Sr-urreu, jgdrke, (in the abfenee of the Cures Jusrrcc) delivered their unanimous opinion as follows :_ " Ssuu-sn,  The foie quellzion in this caufe is, whether the Governor, or theCorporati¤nof the  the power of appointing the Clerk of the Mayor's Court! This tells on the true eonllruélion of the A&-of Aktnbly, of the nth llfanrb 1.789, incorporating the City; and of the State Conliitution, agreed to in Convention, on`the 2d of September 1790. By the old Conllitution of 1776, the Supreme Execu- tive Council had the right of appointing all olhoers, civil and military, unlefs thofe chofen by the Legillature, or referved to thepeople at large. The AQ ofAli`e¤:. ly of the 415 ofdpril 1785, conlirms this right- in exprefs words, in purfuance of the previous refolves of the Council of Cenfors. Under the al} of Alfembly of May the 1 4, r 776, the powers;of.the`Mayor, Record- er and Aldermen,were veiled in the julliees of the Gry court, and me Supreme Executive Council appointed the Clerks of the Courts It, therefore, appears evident to us, that unlcf: an ex- ception isplainl made, the r` ht of the appointment mull: he veiled in the governor, as lite Supreme Executive power. By the IL Art. of. the Conllitution of 17 0, _/2-8. 8, the Cover, nor is to appoint, all oihcers, whole cgccsare eiiahlilhcd hy the Conliitution, or which lhall beejtablilhed by law, not other- wife fpecially provided for. By the A8: of Incorporation, pe?. 39, it is declared “ that for the well-governing of the laid City, and the ordering of the aliitirs thereof, there lhallhe fuch other oflicers-therein, with fuch falaries as the Mayor, Recorder, and ` Aldermen lhall direéi, &c,” This claufe, it is raid, veils the right of appointing the City Clerk in the Corporation at large. But we think it evident] relates to ollicers neceffary for con- duéling and managing the internal police of the City-tojbl-4- ollicers, who {hall receive a compenfation, liipuiatcd by the gommon Council for their fervices : It cannot, iu our opinion, apply to the ofice of the Clerk of the City Court, whole duties are analogous to thofe of the Clerks of the Sellions, in the Coun- its of the State, and who are appointed by the Governor. Aa 2 Our

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