We have no regular soldiers, mariners, or
marines in the service of the State.
The CHAIRMAN, (Mr. Scott.) The question
is upon the motion of Mr. Stockbridge, to
insert the word "to." There can be no dis-
cussion except upon the merits of that amend-
ment.
Mr. CLARKE. Is not the gentleman at lib-
erty to discuss the article as it would read
when amended? It is for the House to say
whether the article when amended shall read
so and so; and therefore that leaves the whole
article before the House.
The CHAIRMAN. Remarks upon the gram-
matical construction of the sentence would
be proper.
The question being taken upon the amend-
ment it was agreed to.
Mr. DAVIS, of Charles, moved to amend
the 31st Article by striking' out the words
" in the service of this State."
The question being taken, the amendment
was not agreed to.
No further amendments being offered to
Article 31,
Article 32 was then read as follows :
"That the independency and uprightness
of judges are essential to the impartial ad-
ministration of justice, and a great security
to the rights and liberties of the people-
wherefore the judges shall not be removed,
except for misbehavior, in a court of law, or
by the Governor, upon the? address of the
General Assembly; provided that two-thirds
of all the members of each house concur in
such address. No judge shall hold any other
office, civil or military, or political trust or
employment of any kind whatsoever, under
the Constitution or laws of this State, or of
the United States, or any of them, or receive
fees or perquisites of any kind for the dis-
charge of his official duties."
Mr. JONES, of Somerset. I would suggest
an amendment to this article, to come in after
the words "upon the address of the General
Assembly." What I desire would, perhaps,
be implied; here it is left to the unlimited
discretion of the Legislature, as to any mode
of proceeding any particular Legislature
might see proper to adopt in taking cogni-
zance of any charge that might be submitted
to them in reference to any judge. I do
not think there ought to be that unlimited
discretion in any tribunal, I think that
wherever judicial functions are to be dis-
charged, affecting the rights of any indi-
vidual, the mode in which that jurisdiction
is to be exercised ought to be described by
law and known, so that no surprise or injus-
tice could result in any case. The amend-
ment I propose to offer has, I believe, been
practically adopted in the action of the Legis-
lature. That is to say, although they have
an unlimited discretion, by a vote of two-
thirds of each house, to recommend to the
Governor the removal of a judge, yet when- |
ever a case of that sort has come before them,
they have felt it due to give the party charged
notice of the charge and opportunity for de-
fence, I merely propose that this right,
which certainly ought to be extended to
every one charged, of notice and trial shall
not rest in the discretion of the Legislature,
but that the Legislature shall be required to
pass a law prescribing the mode in which
notice shall be served upon the party charged,
and that provision shall be made for the trial,
so that no injustice may be done. and no sur-
prise worked in the trial of a judge. I pro-
pose to add, after the words "General As-
sembly" the words "after such notice and
trial as shall be prescribed by law," so that
that portion of the article will then read :
"Wherefore the judges shall not be re-
moved, except for misbehavior, on convic-
tion in a court of law, or by the Governor,
upon the address of the General Assembly,
after such notice and trial as shall be pre-
scribed by law, provided that two-thirds of
all the inembers of each house concur in such
address."
Mr. STOCKBRIDGE. I would suggest to the
gentleman from Somerset (Mr. Jones) whether
it would not be well to modify his amend-
ment so as to make it read, " prescribed by
general law," in order that there shall not be
specific legislation for each individual case.
I would like to preclude the idea or possibility
of special legislation.
Mr. JONES, of Somerset. I accept the sug-
gestion, and will modify my amendment ac-
cordingly.
Mr. EARLE. I would say that that will
probably be inserted in the article on the
judiciary, and therefore it seems to me that
there is no necessity for repeating it here.
There is something of the kind in the present
Constitution, and there is no doubt it will be
inserted in the article on the judiciary here.
I see no reason for inserting it in two places.
Mr. CLARKE. I understand that the report
of the judiciary committee will provide for
this. But this is a declaration of a funda-
mental principle, and therefore I think it
will be proper here.
Mr. JONES, of Somerset. That is the idea.
Mr. CLARKE. There are certain other things
which may occur in two or more places in
the Constitution,
Mr. JONES, of Somerset. My object was
to have inserted in the Declaration of Rights
a fundamental principle of natural justice ;
that in no case ought any judicial tribunal to
proceed to action without notice and trial.
Mr. MILLER. There seems to be a practical
difficulty about that. To what trial does the
gentleman refer?
Mr. JONES, of Somerset. A trial before the
General Assembly. I apprehend that the
General Assembly would not, upon a mere
ex parte statement, demand the removal of a
judge. Yet this now leaves it in their dis- |
