Jewett

Mr. Justice Terry concurred.

° The first section of an Act concerning notaries public, passed April 30, 1853, provides that “ the Governor shall have power to appoint and commission notaries public, etc., etc., who shall hold office for two years, and until their successors are appointed and qualified.”

The case under consideration presents the single question, whether the Governor of this State can remove from office a notary appointed under the provisions of this Act, before his full term has expired.

In considering this question, it is to be borne in mind, that the Constitution of this State is a limitation upon the powers of the legislature, and a grant of power to the other branches of the government, and that neither the judiciary nor executive can exercise any other than those *292 delegated; or which; "by express implication; are necessary to carry into effect the granted, powers.

It is a familiar principle in l^,w, that the major includes the minor, and that the power that creates, can abolish or destroy, in the absence of constitutional restrictions; and this principle has been adopted and applied to the political workings of both the State and National…