Wells

This Court is called upon to adjudicate a question of grave importance, not only to the respondent, but to itself, to those whose rights may be affected by our determinations, and to the whole public, who are interested in the proper administration of justice. In order to understand and correctly solve this difficult question, it is necessary to strip it of all the incumbrances arising from supposed consequences, and inquire what are the strict constitutional rights of the respondent. Extreme cases should seldom be resorted to as arguments; for there is no proposition in moral science, however well received, to which there may not be some exception, without which dangerous and absurd consequences might result.

Art. 6, sect. 2 of the Constitution of this State provides that, “The Supreme Court shall consist of a chief justice, and two associate justices, any two of whom shall constitute a quorum.” Sect. 3d. “ The Justices of the Supreme Court shall be elected at the general election, by the qualified electors of the State, and shall hold their office for the term of six years from the first day of January next after their election; provided, that the legislature shall, at its…