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America’s First Constitutions and Declarations of Rights
ments. It would be attended, no doubt, with many advantages; and if the
society has a sufficient number of suitable characters to supply the great
number of vacancies which would be made by such a rotation, I can see
no objection to it. These persons may be allowed to serve for three years,
and then be excluded three years, or for any longer or shorter term.
Any seven or nine of the legislative council may be made a quorum,
for doing business as a privy council, to advise the governor in the exercise of the executive branch of power, and in all acts of state.
The governor should have the command of the militia and of all your
armies. The power of pardons should be with the governor and council.
Judges, justices, and all other officers, civil and military, should be
nominated and appointed by the governor, with the advice and consent
of council, unless you choose to have a government more popular; if you
do, all officers, civil and military, may be chosen by joint ballot of both
houses; or, in order to preserve the independence and importance of each
house, by ballot of one house, concurred in by the other. Sheriffs should
be chosen by the freeholders of counties; so should registers of deeds and
clerks of counties.
All officers should have commissions, under the hand of the governor
and seal of the colony.
The dignity and stability of government in all its branches, the morals
of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought
to be distinct from both the legislative and executive, and independent
upon both, that so it may be a check upon both, as both should be checks
upon that. The judges, therefore, should be always men of learning and
experience in the laws, of exemplary morals, great patience, calmness,
coolness, and attention. Their minds should not be distracted with jarring interests; they should not be dependent upon any man, or body of
men. To these ends, they should hold estates for life in their offices; or, in
other words, their commissions should be during good behavior, and
their salaries ascertained and established by law. For misbehavior, the
grand inquest of the colony, the house of representatives, should impeach them before the governor and council, where they should have
time and opportunity to make their defence; but, if convicted, should be