Mr. THOMAS. I more to amend this section
as follows:
Strike out all after the word " judges," in
the first liar, and insert the following :
"Of the several counties of ibis Stile, shall
be elected by the qualified voters of the coun-
ties and the city of Baltimore, in the manner
hereinafter prescribed."
Mr. CHAMBERS. I would suggest to the
gentleman who has offered this proposition,
that it is not at all cognate to the subject
under consideration. If I recollect aright,
there is no other provision in this report for
this purpose.
Mr. THOMAS. I propose to offer another
section for that purpose.
Mr, CHAMBERS. If the idea of the gentle-
man is to have the tenure of office changed,
then let us understand it.
Mr. THOMAS. I do not know what the
convention may want to do about that.
Mr. CHAMBERS. The tenure of office is
another subject. This section applies to the
tenure of office. Strike it out here, and then
it is not in the report. The matter of his
amendment is entirely different from the mat-
ter of this amendment.
Mr. THOMAS. I understand the gentleman
to make the point of order that my amend-
ment is not in order. If the president de-
cides that question, I will be satisfied.
On motion of Mr, STIRLING,
Section three with the pending amendment
Was informally passed over.
Mr. SANDS I would suggest——
The PRESIDENT. The president has heard
Be many suggestions,, that hereafter he will
require all matters to be reduced to writing.
Mr. SANDS. I merely wish to save time.
We have settled the elective feature of this
report. We better decide now whether we
shall have three judges for the bench or not.
The PRESIDENT. Does the gentleman from
Howard (Mr. Sands) submit a motion?
Mr. SANDS. No, sir.
The following sections were then read, and
no amendment was offered thereto :
" Section 4. Any judge shall be removed
from office by the governor, on conviction in
a court of law of incompetency, of wilful
neglect of duty, misbehavior in office, or any
other crime, on impeachment according to
this constitution, or the laws of the State, or
on the address of the general assembly, two-
thirds of each house concurring in such address,
and the accused having been notified
of the charges against him, and had opportunity
of making his defence
"Sec. 5. All judges shall, by virtue of
their offices, be conservators of the peace
throughout the State, and no fees or perquisites.
commission or reward of any kind shall
be allowed to liny judge in this State, beaides
his annual salary or fixed per diem for the
discharge of any judicial duty.
" Sec. 6. No judge shall sit ill any case |
wherein ha may be interested, or where
either of the parties maybe connected with
him by affinity or consanguinity within such
degrees as now are or may hereafter be pre-
scribed by law, or where he shall have been
of counsel in the case."
Section seven was then rend as follows :
" Sec. 7. The judge or judges of any court
may appoint such subordinate officers for the
respective courts as may be found necessary,
but none other; and no crier shall be ap-
pointed in any court, but clerks or assistant
: clerks, sheriffs, or their deputies, or bailiffs,
as the court directs, shall, without additional
compensation, perform the duties heretofore
performed by criers."
Mr. STIRLING. I desire further time to con-
sider this section, and therefore I move that
it be informally passed over.
The motion was agreed to.
Section eight was then read as follows:
" Sec. 8. The clerks of the several courts
created or continued by this constitution,
shall have charge and custody of the records
and other papers, shall perform all the duties
and be allowed the fees which appertain to
their several offices, as the same now are or
may hereafter be regulated try law." *
No amendment was offered thereto.
Section nine was then read us follows ;
"Sec. 9. The legislature shall provide for
the trial of cause's in case of the disqualifica-
tion of all of the judges of the circuit, bait the
parties to any cause may, by consent, appoint
a proper person to try said cause, and may
try any cause before the court without the
intervention of ajury."
Mr. MILLER. This section embraces a new
feature in the judicial system of this State,
and I would like to hear some reasons as-
signed why it should beadopted, it provides
that parties by consent may appoint a proper
person to try any cause, ignoring entirely
the judge, if I understand the section aright)
even it he is not disqualified. And if the
section is not susceptible of that construction,
then it is liable to another objection, "And
may try any cause before the court without
the intervention of ft jury." That applies as
well to civil as criminal cases. It seems to
be a sort of invasion of the right of trial
by jury, by allowing parlies by consent to
take a case before the judge and try it upon
the facts as well as upon the law, without a
jury. It seems to me that is imposing upon
the judge a duty which has not hitherto been
devolved upon him. it may devolve upon
him the trial of a long case in which, besides
the construction of the law, the facts may be
complicated I think the trial of facts in all
civil cases should beleft to a jury, under such
instructions as the court may give them ill
reference to matters of law. I can see no
good reasons for the change here proposed.
Mr. CHAMBERS. Persons familiar with the
practice of courts, will readily recollect a |
