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 the peace and sheriffs; and the appointment of officers
in the executive department, down to captains in the army and navy of
the State.
In the constitution of Georgia, where it is declared "that the
legislative, executive, and judiciary departments shall be separate and
distinct, so that neither exercise the powers properly belonging to the
other," we find that the executive department is to be filled by
appointments of the legislature; and the executive prerogative of pardon
to be finally exercised by the same authority.
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