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CONNECTICUT.

Constitution of 1818, Article V: SEC. 3. * * The judges of the supreme court and of the superior court shall hold their offices during good behavior, but may be removed by impeachment, and the governor shall also remove them on the address of two-thirds of the members of each house of the general assembly. (Page 263.)

Article IX:

SEC. 3. The governor and all other executive and judicial officers shall be liable to impeachment, but judgment in such cases shall not extend further than to removal from office and disqualifications to hold any office of honor, trust, or profit under this State. The party convicted shall, nevertheless, be liable and subject to indictment, trial, and punishment according to law. () (Page 265.)

NEW YORK.

Constitution of 1777, Paragraph XXXII:

And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that a court shall be instituted for the trial of impeachments and the correction of errors, under the regulations, which shall be established by the legislature. (Page 1337.)

Chapter XXXIII:

That the power of impeaching all officers of the State for mal and corrupt conduct in their respective offices be vested in the representatives of the people in assembly; but that it shall always be necessary that two-third parts of the members present shall consent to and agree in such impeachment. That previous to the trial of every impeachment the members of the said court shall, respectively, be sworn truly and impartially to try and determine the charge in question according to evidence and that no judgment of the said court shall be valid unless it be assented to by twothird parts of the members then present; nor shall it extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit under this State. But the party so convicted shall be, nevertheless, liable and subject to indictment, trial, judgment, and punishment according to the laws of the land. (Page 1337.)

Chapter XXXIV:

And it is further ordained, That in every trial on impeachment, or indictment for crimes or misdemeanors, the party impeached or indicted shall be allowed counsel, as in civil actions. (Page 1337.)

Constitution of 1821, Article V:

SEC. 1. The court for the trial of impeachments, and the correction of errors, shall consist of the president of the senate, the senators, the chancellor, and the justices of the supreme court, or the major part of them. (Page 1346.)

SEC. 2. The assembly shall have the power of impeaching all civil officers of this State for mal and corrupt conduct in office, and for high crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment.

No person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in case of impeachment, shall not extend further than the removal from office and the disqualification to hold and enjoy any office of honor, trust, or profit under this State, but the party convicted shall be liable to indictment and punishment according to law.

Constitution of 1846, Article VI:

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SEC. 1. The assembly shall have the power of impeachment by the vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. No person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State; but the party impeached shall be liable to indictment and punishment according to law. (Page 1358.)

SEC. XI. Justices of the supreme court and judges of the court of appeals may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to the assembly and a majority of all the members elected to the senate concur therein. All judicial officers, except those mentioned in this section, and except justices of the peace and the judges and justices of inferior courts not of record, may be removed by the senate on the recommendation of the governor, but no removals shall be made by virtue of this section unless the cause thereof be entered on the journals, nor unless the party complained of shall have been served

with a copy of the complaint against him and shall have had an opportunity of being heard in his defense. On the question of removal the ayes and noes shall be entered on the journal. (Page 1359.)

Article VI:

Amendments to constitution of 1846. (Page 1368.)

SEC. 1. [Same as section 1 of constitution of 1846.] (Page 1358.)

NEW JERSEY.

Constitution of 1776, Paragraph XII:

Provided always, That the said officers, severally, shall be capable of being reappointed, at the end of the terms severally before limited; and that any of the said officers shall be liable to be dismissed, when adjudged guilty of misbehavior, by the council, on an impeachment of the assembly. (Page 1312.)

Constitution of 1844, Article VI, "Judiciary:"

SEC. 3. The house of assembly shall have the sole power of impeaching, by a vote of a majority of all the members; and all impeachments shall be tried by the senate; the members when sitting for that purpose to be on oath or affirmation "truly and impartially to try and determine the charge in question according to evidence;" and no person shall be convicted without the concurrence of two-thirds of all the mem

bers of the senate.

2. Any judicial officer impeached shall be suspended from exercising his office until his acquittal.

3. Judgment, in cases of impeachment, shall not extend further than to removal from office and to disqualification to hold and enjoy any office of honor, profit, or trust under this State; but the party convicted shall nevertheless be liable to indictment, trial, and punishment according to law. (Pages 1320-1321.)

PENNSYLVANIA.

Constitution of 1776:

SEC. 20. The president, and in his absence the vice-president, with the council, five of whom shall be a quorum, shall have power to appoint and commissionate judges,

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SEC. 22. Every officer of State, whether judicial or executive, shall be liable to be impeached by the general assembly, either when in office or after his resignation or removal for maladministration. All impeachments shall be before the president or vice-president and council, who shall hear and determine the same.

SEC. 23. The judges of the supreme court of judicature shall have fixed salaries, be commissioned for seven years only, though capable of reappointment at the end of that term, but removable for misbehavior at any time by the general assembly; * (Page 1545.)

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Constitution of 1790, Article IV:

SEC. 3. The governor, and all other civil officers under this Commonwealth, shall be liable to impeachment for any misdemeanor in office. But judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit under this Commonwealth. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. (Page 1552.)

Article V:

SEC. 2. The judges of the supreme court and of the several courts of common pleas shall hold their offices during good behavior. BUT FOR ANY REASONABLE CAUSE, WHICH SHALL NOT BE SUFFICIENT GROUND OF IMPEACHMENT, the governor may remove any of them on the address of two-thirds of each branch of the legislature.

Constitution of 1838, Article IV:

SEC. 3. The governor and all other civil officers under this Commonwealth shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust, or profit under the Commonwealth. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law. (Page 1561.)

Article V:

SEC. 2. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law, shall hold their offices for the term of ten years, if they shall so long behave themselves

well. The associate judges of the courts of common pleas shall hold their offices for the term of five years, if they shall so long behave themselves well. BUT FOR ANY REASONABLE CAUSE, WHICH SHALL NOT BE SUFFICIENT GROUND OF IMPEACHMENT, the governor may remove any of them on the address of two-thirds of each branch of the legislature.

Amendments to Pennsylvania constitution of 1838, Article V:

SEC. 2. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well,

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all of whom shall be commissioned by the governor, BUT FOR ANY REASONABLE CAUSE, WHICH SHALL NOT BE SUFFICIENT GROUNDS OF IMPEACHMENT, the governor shall remove any of them on the address of two-thirds of each branch of the legislature. (Page 1568.) Article VI:

SEC. 3. The governor and all other civil officers shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under this Commonwealth; the person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. SEC. 4. All officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed officers, other than judges of the courts of record and the superintendent of public instruction, may be removed at the pleasure of the power by which they shall have been appointed. All officers elected by the people, except governor, lieutenant-governor, members of the general assembly, and judges of the courts of record learned in the law, shall be removed by the governor for reasonable cause, after due notice and full hearing, on the address of twothirds of the senate. (Page 1582.)

Constitution of 1776:
ART. 23.

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DELAWARE.

* * And all officers shall be removed on conviction of misbehavior at common law, or on impeachment, or upon the address of the general assembly. (Page 277.)

Constitution of 1792, Article V:

SEC. 2. The governor, and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the party convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. (Page 283.)

Article VI:

SEC. 2. The chancellor and the judges of the supreme court of common pleas shall hold their offices during good behavior; but FOR ANY REASONABLE CAUSE WHICH SHALL NOT BE A SUFFICIENT GROUND FOR AN IMPEACHMENT the governor may, in his discretion, remove any of them on the address of two-thirds of all the members of each branch of the legislature.

Constitution of 1831, Article V:

SEC. 2. (Page 294.) [Same as section 2, Article V, of constitution of 1792, p. 293.] Article VI:

SEC. 14. The governor may, for any reasonable cause, in his discretion, remove any of them on the address of two-thirds of all the members of each branch of the general assembly. In all cases where the legislature shall so address the governor the cause of removal shall be entered on the journals of each house. The judge against whom the legislature may be about to proceed shall receive notice thereof, accompanied with the causes alleged for his removal, at least five days before the day on which either house of the general assembly shall act thereupon." (Page 297.)

MARYLAND.

Constitution of 1851, Article IV, "Judiciary department:"

SEC. 4. Subject to removal for incompetency, willful neglect of duty, or misbehavior in office, on conviction in a court of law, or by the governor upon the address of the general assembly, two-thirds of the members of each house concurring in such address. (Pages 848-849.)

Constitution of 1864, Article IV, "Judiciary department," part 1:

SEC. 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, of misbehavior in office, or any other crime; or on impeachment according to this constitution, or the laws

S. Doc. 194, 58-3- -26

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 defense. (Page 873.)

Constitution of 1867, article 14, "Judiciary department," part 1:

SEC. 4. (Page 902.) [Same as section 4 of constitution of 1864, set out above.]

VIRGINIA.

Constitution of 1776:

The governor, when he is out of office, and others offending against the State, either by maladministration, corruption, or other means, by which the safety of the State may be endangered, shall be impeachable by the house of delegates, such impeachment to be prosecuted by the attorney-general or such other person or persons as the house may appoint in the general court according to the laws of the land. If found guilty he or they shall be either forever disabled to hold any office under government or be removed from such office pro tempore, or subjected to such pains or penalties as the laws shall direct.

If all, or any of the judges of the general court should on grounds (to be judged of by the house of delegates) be accused of any of the crimes or offenses above mentioned, such house of delegates may, in like manner, impeach the judge or judges so accused, to be prosecuted in the court of appeals, and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause. (Page 1912.)

Constitution of 1830, Article III:

SEC. 13. The governor, the judges of the court of appeals and superior court, and all others offending against the State either by maladministration, corruption, neglect of duty, or any other high crime or misdemeanor, shall be impeachable by the house of delegates, such impeachment to be prosecuted before the senate, which shall have the sole power to try all impeachments. When sitting for that purpose, the senate shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the Commonwealth; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law. (Page 1917.)

Article V:

SEC. 2. No law abolishing any court shall be construed to deprive a judge thereof of his office unless two-thirds of the members of each house present concur in the passing thereof; but the legislature may assign other judicial duties to the judges of courts abolished by any law enacted by less than two-thirds of the members of each house present. (Page 1918.)

Constitution of 1830, Article V:

SEC. 4. The judges of the supreme court of appeals and of the superior courts shall be elected by the joint vote of both houses of the general assembly. (Page 1919.) SEC. 6. Judges may be removed from office by a concurrent vote of both houses of the general assembly; but two-thirds of the members present must concur in such vote, and the cause of removal shall be entered on the journals of each. The judge against whom the legislature may be about to proceed shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the general assembly shall act thereupon. Constitution of 1850, Article IV:

SEC. 18. The governor, lieutenant-governor, judges, and all others offending against the State by maladministration, corruption, neglect of duty, or other high crime or misdemeanor shall be impeachable by the house of delegates and be prosecuted before the senate, which shall have the sole power to try impeachments. When sitting for that purpose they shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Commonwealth; but the party convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. The senate may sit during the recess of the general assembly for the trial of impeachments. (Page 1928.)

Article VI:

SEC. 17. Judges may be removed from office by a concurrent vote of both houses of the general assembly, but a majority of all the members elected to each house must concur in such vote, and the cause of removal shall be entered on the journal of each house. The judge against whom the general assembly may be about to proceed shall

receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the general assembly shall act thereupon. (Page 1934.)

Constitution, 1864, Article IV:

SEC. 18. (Page 1943.) [Same as section 18, constitution of 1850, Article IV, page 1928.]

Article VI:

SEC. 16. (Page 1949.) [Same as section 17, constitution of 1850, Article VI, page 1934.]

Constitution of 1870, Article V:

SEC. 16. (Page 1962.) [Same as section '8, constitution of 1850, Article IV, page 1928.]

Constitution of 1870, Article VI:

SEC. 23. Judges shall be removed from office by a concurrent vote of both houses of the general assembly, but a majority of all the members elected to each house must concur in such vote, and the cause of removal shall be entered on the journal of each house. The judge against whom the general assembly may be about to proceed shall have notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the general assembly shall act thereon. (Page 1966.)

Constitution of 1776:

NORTH CAROLINA.

XIII. That the general assembly shall, by joint ballot of both houses, appoint judges of the supreme courts of law and equity, judges of admiralty, and attorneygeneral, who shall be commissioned by the governor, and hold offices during good behavior.

XXIII. That the governor and other officers offending against the State by violating any part of this constitution, maladministration, or corruption may be prosecuted, on the impeachment of the general assembly or presentment of the grand jury of any court of supreme jurisdiction in this State. (Page 1412.)

Amendments to constitution of 1776, ratified in 1835, Article III:

SEC. 1. The governor, judges of the supreme court, and judges of the superior courts, and all other officers of this State (except justices of the police and militia officers), may be impeached for willfully violating any article of the constitution, maladministration, or corruption.

Judgment in cases of impeachment shall not extend further than to remove from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State; but the party convicted may nevertheless be liable to indictment, trial, judgment, and punishment according to law. (Page 1417.)

SEC. 3. Upon the conviction of any justice of the peace of any infamous crime, or of corruption and malpractice in office, the commission of such justice shall be thereby vacated, and he shall be forever disqualified from holding such appointment. Constitution of 1868, Article IV:

SEC. 4. The judicial power of the State shall be vested in the court for the trial of impeachments, a supreme court, a superior court, courts of justices of the peace, and especial courts. (Page 1426.)

SEC. 5. The court for the trial of impeachments shall be the senate. A majority of the members shall be necessary to a quorum, and the judgment shall not extend beyond removal and disqualificatfon to hold office in this State, but the party shall be liable to indictment and punishment according to law.

SEC. 6. The house of representatives solely shall have the power of impeaching. No person shall be convicted without the concurrence of two-thirds of the senators present. When the governor is impeached the chief justice shall preside. Amended constitution of 1876, Article I:

SEC. 2. (Page 1442.) [Same as section 4, constitution of 1868, page 1426, except last line, which says "and such other courts inferior to the supreme court as may be established by law."]

Sections 3 and 4, same as sections 5 and 6 of constitution of 1868, page 1426.
Constitution of 1876, Article IV:

SEC. 31. Any judge of the supreme court, or of the superior courts, and the presiding officers of such courts inferior to the supreme court as may be established by law, may be removed from office for mental or physical inability, upon a concurrent resolution of two-thirds of both houses of the general assembly. The judge or presiding officer against whom the general assembly may be about to proceed shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the general assembly shall act thereon. ( (Page 1444.)

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