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powers, duties and tenure of office of the persons or officers named in such respective subdivisions: But there is nothing in Act: 5th declaring or showing that the Governor, Council, Secretary and Treasurer, exclusively compose and exercise all the powers belonging to the Executive Department; or that such Divisions of Act: 5th were ever intended or understood to mark distinctly the utmost boundaries of that Department. On the contrary, Sect: 8 part 1 of said Article authorized the governor with advice of Council to appoint, among other officers, Sheriffs and Coroners; and each part of that article contains provisions having little or no connection with powers and duties merely of an Executive Character. It seems that a Justice of the Peace belongs to the Judicial Department. Act. 6 Sect: 1 declares that “the Judicial Power of this State shall be vested in a Supreme Judicial Court and such other courts as the Legislature shall from time to time establish.” And by Law a part of the other Courts named in the above section are Justices Courts. Besides, the 4th Section of Act: 6, provides that “all Judicial officers except Justices of the Peace, shall hold their Offices during good behaviour [behavior], but not beyond the age of seventy years. Here the exception proves the Judicial Character of the Justice.

Sheriffs, Deputy Sheriffs and Coroners cannot be considered as belonging to the Legislature or Judicial Department, they possess no powers and perform no duties belonging to either of those Departments. The question is whither [whether?] they belong to the Executive Department. Act. 5th Part 1. Sect 1 declares that “the Supreme Executive Power of this State shall be vested in a Governor.” Sect 12, declares that “he shall take care that the laws be faithfully executed.” The faithful administration of them devolves on another Department. Act: 9th sect. 2 places the office of Sheriff and Deputy Sheriff on the same ground in respect to incompatibility with certain other officers therein enumerated.

The Council aid the Governor with their advice. The Secretary aids them both by recording their proceedings and keeping their records; and those of the Legislature. The Treasurer aids in causing all the State taxes to be collected and paid into the Treasury for the public use. In doing this important service, the power of Sheriffs and Coroners must be resorted to when legal coersion [coercion] is necessary; in which case they are expressly aiding the Governor in the execution of the laws and acting under his Commission. In fact, in all cases, their power, when carefully exercised, is in aid of the Governor, and to enable him to do his duty in causing the laws to be executed faithfully. These duties he cannot perform. these powers he cannot exercise

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