Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-07-29
GENERAL COURT.-(Latc SESSION.
EX-PARTE LouIs &. BorLDIy.

Opinion delircrcd by Judgc JOINS Scorr
Concurrng with the Judge who has delivered the
Judgment c! the Court in his general views Of the ques
lion which this turns: and uniting as uniics
tangly do, in the Judgment ch has been pronounced
there is yet something connected with the case, which
will for departing from the usual course
where there material conflict Of opinion amongst the
members of the Court II is not my purpose discuss
at large the question which has been clearly clucida
ed by The Judge who has preceded me; but, before pro-
coed to the topic TO which my remarks will main!y ap
ply | will take occasion to state the narrow, and
think, inprc enable nrou;l which DECISION may
he placed. The law under which the applicant received
The appointment from which he has been removed con-
f.rs upon the Court the power TO make il, in the
general terms. Not word is used 10 indicate the tenure
by which il TO BIZ held; nothing of the qualifications Of
hle person whom it may be conferred; nothing Of the
for which he may be removed: OF the tribunal
TO which lie is amenablc OF the mode IN which his
mora may be effected.
The first question, then, which naturally presents it.
SELF Isl Docs The power to appoint nj pleasure. when
restrained by the authority which cc:trS it, carry with
it a necessary incident, the power IL Iclnuve at
pleasure lfi does, then no farther inquiry is
~ in this lft does not. then other ground
be found which to sustain the proceeding Of the
Court hclow.lf it necessary III discussing this
question: 10 seek for analngies in the Federal CnnSu
ti0n aud the construction which has been 10 The
appointing power conferred the President and Srnate
and thus bring into discussion question of consu
lioua law which divides the most able eApounders
of that instrument, and which ir parties of the day
have taken different sides, should most certainly not 20
Of my way to raise the question On the contrary
| would studously pass it by this, and on all other
OCCASIONS where the enquiry could be avoided without
manifest IMPROPERLY. 1t is precisely, because IN my
opinion, this question: so far affects the Contribution
and Laws Of Virginia, may be decided without IN Inc
slightest degree calling up the political controversies OF
the day. and 10 avoid the Inference that, III uniting
in the Judgment Of the Court, indicate all opinion
OF the most interesting questions which lhe
party struggles Of the present times have gwen
rise 10 that will take occasion briefly 10 show that
this resulting power Conferred by the Constitution
and Laws OF Virginia. will embark in the enquiry,
whether the removal Of public officer, It's nature be-
longs the the other OF the great departments
Of Government but confne myself TO examples drawn
from the Laws and Constitution Of Virginia. which, as
conceive, show conclusvey, that such general Prn.
cpe that the power to appoint carries with 1t PRIME
fucic the power To remove is established recognized
by the the other. 1t ;nay he assumed pOSu-
tc that power conferred BY the Constitution, whether
by express grant implication; whether it be orgl-
nal, substantive power which results as an incl
dent 10 substantive power cannot be taken away or
controlled by the Legislature The Constitution declares
Cart s. sec 81 that 'the shers and coroners shall be
nominated by their respective county courts and when
approved by the Governor. shall be commissioned by
him" 1t says nothing Of the duration of their Offices
or how by whom, for what they may he Tc,ov-
ed from Office. Do shchs ard hold Their Oh
fees at the pleasure Of the Gcyerno and county cou&
either Is the law prescribing the duration OF these
offices unconstitutional Cannot the Legislature declare
for what denquencies they shall be forfeited, and by
what tribunal such denquence. shall be cnquIred inlo
and the forfeiture enforced: The article (sec y
declares, that On the creation Of any new county,
Justices Of the Peace shall be appointed in the first III
stance in such may be prescribed by law
When vacancies shall occur in any county, or IL shall! De
deemed necessary 10 increase the number. appoint
ments shall be made by the Governor, on the recon-
" nendaton Of the respective County Courts May