455]                          The Constitution.                            77

who, it was supposed was going to obtain the office.³⁰ The
evidence for this assertion does not appear in the debates
of the convention. The office was abolished by a vote of
45 to 14. Mr. Chambers himself voted for its abolish-
ment.³¹

The office of attorney-general was created by the con-
stitution of 1776. The attorney-general was appointed by
the governor, with a tenure of office during good behavior.
The duties of the attorney-general were left undefined.
In 1816 the legislature abolished this office.³² But in the
succeeding session, a law was passed re-establishing the
office, and defining its duties. In 1821 the duties of at-
torney-general were further defined. He was required to
prosecute and defend on the part of the State all cases
wherein the State was interested. He was required to
give legal advice whenever the General Assembly, or the
governor required it. He had also authority to appoint
deputies in each county and in Baltimore City to aid him
in the execution of his duties. Neither the attorney-gen-
eral, nor his deputies received a fixed salary, but were
paid for their services in fees. These fees were paid by
the county or city where the services were rendered.

The objections to the continuation of this office arose
from the manner in which the attorney-general was ap-
pointed, the tenure of office, and the extensive patronage
in appointing his deputies.

The method of paying the attorney-general, and his
deputies in fees was also objected to on the ground of
affording greater remuneration than was necessary. It
was estimated that the fees of the attorney-general
amounted to $9000 per annum. In addition to this sum
the State was paying on the average $1700 yearly to others
than the attorney-general and his deputies, for legal

³⁰ Myers, The Md. Const. 1864, p. 72; J. H. U. Studies, vol. 19.

⁸¹ Debates, vol. i, p. 549.

³² Act 1816, ch. 247, confirmed by Act 1817, ch. 269.