constitutes the Supreme Court of Appeals; he is joined with the
legislative department in the appointment of the other judges.
Throughout the States, it appears that the members of the legislature
may at the same time be justices of the peace; in this State, the
members of one branch of it are EX-OFFICIO justices of the peace; as are
also the members of the executive council. The principal officers of the
executive department are appointed by the legislative; and one branch of
the latter forms a court of impeachments. All officers may be removed on
address of the legislature.

Maryland has adopted the maxim in the most unqualified terms; declaring
that the legislative, executive, and judicial powers of government ought
to be forever separate and distinct from each other. Her constitution,
notwithstanding, makes the executive magistrate appointable by the
legislative department; and the members of the judiciary by the
executive department.

The language of Virginia is still more pointed on this subject. Her
constitution declares, "that the legislative, executive, and judiciary
departments shall be separate and distinct; so that neither exercise the
powers properly belonging to the other; nor shall any person exercise
the powers of more than one of them at the same time, except that
the justices of county courts shall be eligible to either House of
Assembly." Yet we find not only this express exception, with respect to
the members of the inferior courts, but that the chief magistrate, with
his executive council, are appointable by the legislature; that two
members of the latter are triennially displaced at the pleasure of the
legislature; and that all the principal offices, both executive and
judiciary, are filled by the same department. The executive prerogative
of pardon, also, is in one case vested in the legislative department.

The constitution of North Carolina, which declares "that the
legislative, executive, and supreme judicial powers of government ought
to be forever separate and distinct from each other," refers, at the
same time, to the legislative department, the appointment not only of
the executive chief, but all the principal officers within both that and
the judiciary department.

In South Carolina, the constitution makes the executive magistracy
eligible by the legislative department. It gives to the latter, also,
the appointment of the members of the judiciary department, including
even justices of