Commentaries on American Law Volume 1

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...and Senate, for the term of four years, but are Marhie. removable at pleasure; and it is the duty of the marshal to attend the district and circuit courts, and to execute, within the'district, all lawful precepts directed to him, and to command all requisite assistance in the execution of his duty. There are also various special duties assigned by statute to the marshals. The appointment of deputies is a power incidental to the office, and the marshal is responsible civiliter for their conduct, and they are removable not only at his pleasure, but they are also. by statute made removable at the pleasure of the district or circuit courts. (a) The act says, that the marshal shall be removable at pleasure, without saying by whom; and on the first organization of the government, it was made a question whether the power of removal, in case of officers appointed to hold at pleasure, resided anywhere but in the body which appointed, and of course whether the consent of the Senate was not requisite to remove. This was the construction given to the constitution while it was pending for ratification before the state conventions, by the author of The Federalist. " The consent of the Senate," The Federalist observes, (b) " would be necessary to displace as well as to appoint"; and he goes on to observe, that " those who can best estimate the value of a steady administration, will be most disposed to prize a provision which connects the official existence of public men with the approbation or disapprobation of that body, which, from the great permanency of its own composition, will, in all probability, be less subject to (d) Act of Congress of September 24th, 1789, sec. 7. (e) Act of March 3d, 1817, c. 108. (a) Act of Congress of September...