By a sale the monopoly would become a fixed fact forever. In order to avoid a temporary evil entirely under control, the remedy proposed by the majority would render it permanent and entirely beyond control. The undersigned has suggested these remedies for the consideration of the Convention, but whether on examination any of them shall be deemed wise or unwise, the undersigned submits that it would be clearly unwise for this State to part with a power, the shadow of which has already saved $150,000, and to hand over the greater portion of the people of this State, dependent entirely upon some uncontrolled monopoly for one of the pure necessities of life, at least as far as the price they must pay is concerned. Hence the undersigned submits that to avoid all doubt as to such a result, the prohibition of sale so long and so wisely continued as a part of the Constitution of this State, should not now be stricken out.

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The undersigned submits the following as a proposed section:

SECTION. The salt springs belonging to this State shall 2 never be sold. But the exclusive control of the same shall be 3 vested in the Commissioners of the Canal Fund. The lands 4 contiguous thereto and property appurtenant shall also be under 5 the exclusive control of the Commissioners of the Canal Fund, 6 to be sold, leased, managed and controlled by it, subject to the 7 following conditions:

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1st. That no person, corporation or association manufactur9 ing salt therefrom shall discriminate in price on the sale thereof

10 to the people of this State or any portion thereof.

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2d. That no person, corporation or association shall either 12 directly or indirectly control more than one-third of salt manu13 factured or brine taken therefrom, and that all citizens of this 14 State shall be at liberty to go upon, dig for, and manufacture

15 salt on the same conditions, subject to the legal rights of the

16 present lessees.

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3d. That the duty on salt shall not be less than two cents

18 per bushel or its equivalent.

ANGUS MCDONALD.

No. 163.

IN CONVENTION

December 20, 1867.

REPORT

OF THE COMMITTEE ON THE JUDICIARY AS AMENDED AND REPORTED FROM THE COMMITTEE OF THE WHOLE, AND AS FURTHER AMENDED IN CONVENTION.

ARTICLE VI.

1 SECTION 1. The Assembly shall have the power of impeach2 ment, by a vote of the majority of all the members elected. The 3 court for the trial of impeachments, shall be composed of the 4 President of the Senate, the Senators, or a major part of them, 5 and the Judges of the Court of Appeals, or the major part of 6 them. On the trial of an impeachment against the Governor, 7 the Lieutenant-Governor shall not act as a member of the court. 8 No judicial officer shall exercise his office after he shall have 9 been impeached, until he shall have been acquitted. Before the [CON. No. 163.]

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10 trial of an impeachment, the members of the court shall take an 11 oath or affirmation truly and impartially to try the impeachment 12 according to evidence, and no person shall be convicted without 13 the concurrence of two-thirds of the members present. Judg14 ment in cases of impeachment shall not extend further than to 15 removal from office, or removal from office and disqualification 16 to hold and enjoy any office of honor, trust or profit under this 17 State; but the party impeached shall be liable to indictment and 18 punishment according to law.

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§ 2. There shall be a court of appellate jurisdiction called a 2 Court of Appeals, composed of a chief judge and six associate 3 judges, who shall be chosen by the electors of the State, and 4 shall hold their office for the term of fourteen years. At the first 5 election of judges under this Constitution, every elector may 6 vote for the chief and only four of the associate judges. No 7 chief judge or associate judge of said court shall remain in office 8 longer than until the first day of January next after he shall 9 have reached the age of seventy years. Any five members of 10 said court shall form a quorum, and the concurrence of four 11 shall be necessary to a decision, until otherwise provided. by law. 12 The court shall have the appointment, with the power of removal, 13 of the Reporter and Clerk of the court, and of such attendants 14 as may be authorized by law.