The New York herald., 1845-06-18
NEW YORK. WEDNESDAY MORNING, JUNE IS. 1916.

Clerk of the Common Pleas he elected by the people
The Constitution made the office elective What is an
once differs from an employment as those holding
have compulsory power the business OF the
pe Nr Van Buren, here read the definition of an Office
from Kent 362 and Carthew's Reports 47s the King
vs. Burney In Great Britain this right to create Offices
rests in the King Blackstone 2Os and has got to be
part of that ndefnablc thing called the Constitution Of
Mr. VAN buren, then adverted to the distinction be-
tween the power Of the crown as to judicial functions
nnd " % o. o. sF % the the King is the
subject to the Constitution Of Great Britain the King has
all power to confer Office He also referred to Myton's
case Coke, 80 here the office incident to another
Myton appointed Clerk, and the Sheriff afterwards
appointed claimed that the patent to Mytton was void
because the Clerkshp incident to his office and part
Of it. 1t was adjudged and the grant to Mytton de-
cared void Surely grant from the people in our writ
ten Constitution should be involable as patent from
the Crown. And it is here objected that Conner came
into the Office Of Clerk of the County after tins man
lWarner) appointed Clerk of the Court Of Common
Pleas by three Of the Judges. The same was true in
Mytton's case; and the objection taken. aude to
this to show that where office is incidental to another
the Legislature has power alter in opposition to
Of Salkeld 43S, Snow vs. Fireplace or Frebrand) far
lament is true might divide and distribute all Offices
But this power OF Parliament is next to omnpoten
We have nothing like il here 1t can change the line OF
succession to the Crown it has done It can change
the established religion of the land il has done in the
time OF the Sh Henry and his daughter Mary and again
Elizabeth, Sc II is almost omnipotent
h.ars 10 tfe @ a nns
scssed by the Legislature of this State, cited from
Blackstone. p ll6 also from Blackstone, p 3a, and
here the authorities cited show that attempts to take part
OF an office and make office thereof were declared
void, because the office was entirety MIR Van Buren,
again read the 9Th section and asked"What does this
mean Is there distinction between the office and the
power, that you take all its power and leave the
mere title Mr. Brady conended that if you can touch
it you take it all And in Great Britain these
have been decided always in favor of the peoples
rights surely is not asking too much to ask this Court
given, for the time being, to their delegated agents.
do not say that the Legislature have no control what
that they may not compel him to perform quarantine
when necessary do not say that he shall not be taken
up If he makes noise in the street after ten o'clock al
night; do not say that the Court oil Common Pleas
might not be forbid to sit in the dog days If it should gen
crate Asiatc Cholera But you only make such me-
cessary regulations in regard him and his Office po
lice health the indispensable ends of government
quire and as do not conflict with the Constitution But
this act Of is4s clearly takes away the consnutona
them. The point, believe, has been given up, about
the law Of l84s creating Office Ithas been argued
that the County Clerk must hold his office subject to the
progressive reforms of society Certainly in such inc
dental matters conflict with specific duty which the
people have reserved to themselves The Constitution
is the paramount law Of the land No matter whether
duties are incidental or principal If the Constitution
ature cannot alterit Neither the progress society
nor the wishes Of the bar or of courts can override the
Constitution.
There has been appendix attached to this
book, by the opposite sde which pIetends TO show the
duties and fees OF this office and there is ar aggregate
estimate of the annual receipts of $3.50 UO But
the report Of the County Clerk OF last year. made unde,
oath, to the Secretary of state in accordance with
the act of April 8, 1884, shows whole income of the
office for eight months to have been only 81 I3I 81
But in looking this list Of various duties, the
question arises you can take away the duties OF the
take! There is not And this, therefore is direct
interference by the Legislature with the rights of the
people, who have said that all the duties of that Clerk
have and will have reserved for elected servants
On the same principle may take the office OF sheriff
ou may on the same ground take away his duties one
leave to the people the naked office to elect him to-
whilst every of his duties are to be performed by
persons over whom the people have no power
Or take his honor the Chancellor instance You may
in the same way strip him of many of his duties He
may be allowed enter DEGREES in foreclosure whilst
partitions specific performance &c, shall be committed
10 the supreme Court, and proceedings in divorce be
had before the County Court Unquestionably, If you
can take from the people certain powers can restore
power to them. And thus we might have the ChanceL
or appointed by the Governor whilst all his duties
discharged by man. elected every three years BY
the people. So with the Supreme Court. II the Coun-
sci on the other side Is right that the power Of appoint
the Legislative control of the duties and that when you
assume the right to touch the officer is discretionary
with the Legislature how far they will CO. the Constitu
ton makes no allotment OF the powers Of Government
This is vital question, and going to the very
form Of Government itself. When the people say we
will participate in these duties and adopt written Con-
stuuon to that effect 1t act Of revolution to strip
them Of the rights thus secured And in this the
great temptation held out to revoutonze all the Courts
OF Common Pleas in the State, and give the powers
emoluments thereof to the dominant pary Whereas in
many OF the counties at present the minority party
in possession OF those offices and powers Now there
Is very great weight to be attached to this ques-
ton for If there is feeling stronger and
versal in the minds the people at present and feeling
which is daily increasing in intensity 1t is this-tha
there is too much power already concentrated at the
central source. And how then this Court, (Which
from the very its constitution is considered
represent the popular feeling more nearly than any
other) the judgment of the Supreme Court
this casea Judgment calmly and deliberately made after
full argument, research and deliberaton by Court
that is comparatively independent in its action and
stitutonl judgment restoring to the people powers
which have been usurped.
Clrcault Caunrt.