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exercise in person. Such a performance, such an exercise was never contemplated. There can be no question that Sheriffs, Deputy Sheriffs and Coroners are Executive Officers; and for the reasons we have assigned, we think they must also be considered, though not named under a distinct head, as belonging to the Executive department, the limits of which are no where in the Constitution expressly defined. In addition we would remark, that the advantages intended to be secured by the third Article cannot be realized and fairly enjoyed, nor the inconveniences and dangers intended to be avoided by it effectually guarded against, but by giving to it the construction above state. If the offices are not incompatible, a person holding both, might as a Justice of the Peace issue a process; serve as Sheriff, Deputy sheriff or Coroner, decide the cause in his Judicial capacity, and then in his other capacity, execute his own judgement: a course of proceeding which we apprehend is not in unison with the true spirit and intent of the Inhibition.

We are therefore of opinion that the cases stated in the proposed questions, fall under the general principle contained in the second Section of the third Article; and that the office of Justice of the Peace is incompatible with that of Sheriff, Deputy Sheriff or Coroner.

We accordingly answer to the first question; That no person can, according to the third article of the Constitution, of right, hold and exercise at the same time the several Offices of Deputy Sheriff and Justice of the Peace.

We answer the second question; that no person, can of right, exercise at the same time the several offices of Sheriff and Justice of the Peace.

We answer the third question; That no person can of right, exercise at the same time the several Offices of Coroner and Justice of the Peace.

Judge Weston, has been furnished with a copy of the questions proposed, and his opinion requested; His reply has been received, but having had no means for a personal interview and consultation with him; and perceiving that his impressions and conclusions do not at present correspond with ours, we are not authorized to state the foregoing, except as our own opinion

February 18. 1825.

Prentiss Mellen,

William Pitt Preble,