urer shall be appointed by act of the
legislature to originate with the assembly. The 23d establishes a council
to appoint the officers.

The 24th directs that the military officers shall be, during the pleasure
of the council, the chancellor, judges of the supreme court, the first
judge in every county until the age of 60.

Twenty-five and 28, which offices are incompatible, and the tenure and
duration of such officers.

Twenty-six, that sheriffs and coroners be annually appointed, and shall
not continue more than four years.

Twenty-seven, that the officers of the court be appointed by the
respective courts, except the attorneys, by the first judge of every
court.

Twenty-nine, provides that town clerks, supervisors, assessors, constables
and collectors, and all other officers heretofore elegible by the people,
shall always continue to be so elegible.

Thirty, directs the mode how the delegates to represent this state in the
general Congress of the United States shall be elected.

I apprehend that the paragraphs aforesaid will be compleatly rendered
unoperative by the following articles in the new constitution:

Second article, second section, second clause, the president "shall have
power, and by and with the advice and consent of the Senate, shall appoint
embassadors, other public ministers and consuls, judges of the supreme
court, and all officers of the United States where appointments are not
herein otherwise provided for, and which shall be established by law; but
the Congress may by law vest the power of such inferior officers as they
think proper, in the president alone, in the courts of law, or in the
heads of departments." By the 1st art., 8 section, 9, 18 clauses, Congress
have power "to constitute tribunals inferior to the supreme court, to make
all laws which shall be necessary and proper for carrying into execution
the foregoing powers, and all other powers vested by this constitution in
the government of the United States, or in any department or officer
thereof."

By the third article, 2d section, there is an extensive federal power as
above-mentioned.

By the 2d article, 2d section, the president "shall take care that the
laws be faithfully executed, and shall commission all the officers of the
United States."

From these powers lodged in Congress and the powers vested in the states,
it is clear that there must be a government within a government, two
legislative, executive and judicial