Town of Meredith v. Ladd
Superior Court of New Hampshire
The office of constable is a public elective office,and a sale of it by the town i-contrary to sound policy. A note given to secure the consideration, agreed to he paid for said office, is void, This was assumpsit on a promissory note, dated April 9th, 1817, for $13,50. The parties agreed, that the defendant was chosen constable for the town of Meredith, in March 1815, in consideration of his agreeing to pay said town for the office, the sum of $.13,50, and that the note now…
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The office of constable is a public elective office,and a sale of it by the town i-contrary to sound policy. A note given to secure the consideration, agreed to he paid for said office, is void, This was assumpsit on a promissory note, dated April 9th, 1817, for $13,50. The parties agreed, that the defendant was chosen constable for the town of Meredith, in March 1815, in consideration of his agreeing to pay said town for the office, the sum of $.13,50, and that the note now in suit,, was given to secure that consideration. The plaintiffs were to become nonsuit, or the defendant defaulted,…
1Opinion of the CourtWoodbury, J.
The sale of any elective office of a public nature is contrary to sound policy. See statutes 5th & 6th Edward 6t.h & 20th Edward 3d & 4th Henry 4th; Bac. Ab. “Office” F. Noy, 102.— Moor, 781. — Hawk, P. C. 67 clu(1) 1 N. H. Laws 252.
The reasons are, that personal merit ought to be the sole passport to office ; that any other criterion tends to discourage virtue, talents and industry; that an election influenced by money is not in itself free; that an officer chosen on this ground,is tempted to extortion and fraud, for » remuneration of what he bestows for the appointment, and that when he,…
2Cited by3 opinions
- Carleton v. WhitcherSuperior Court of New Hampshire · 1830
- Application of the Emoluments Clause to a Member of the President's Council on Bioethics, Department of Justice Office of Legal Counsel2005
- Officers of the United States Within the Meaning of the Appointments Clause, Department of Justice Office of Legal Counsel2007