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78 The Maryland Constitution of 1851. [456
services.33 The great majority of the convention consid-
ered the office unnecessary, and desired its abolishment.
In place of the attorney-general the constitution of 1851
created the office of " State's Attorney." One state's at-
torney was to be elected by popular vote in each county
and in the city of Baltimore. The duties of the state's at-
torneys were defined as being the same as that of attorney-
general and his deputies, whom they superseded. The
term of office was fixed at four years. The salary was to
be paid in fees.3*
The prohibition against imprisonment for debt was a
progressive step, though at the time it called forth adverse
criticism. The Baltimore American in an editorial of June
4, 1851, said that: "The abolishment of imprisonment for
debt discharged not merely the innocent bankrupt, but the
swindler and the whole family of knaves. It paralyzed the
arm of the law, because its processes are of no other avail
than to give notice to the debtor that he may escape with
his means if he will. Its tendency is to destroy the credit
of the poor man, because it offers a temptation to defraud
those on whom his credit must depend." The clause abol-
ishing imprisonment for debt was introduced in the con-
vention by Mr. Presstman, of Baltimore City, and was
passed by a vote of 60 to 5.35
The homestead exemption clause of the constitution was
objected to on the ground of depreciating the value of the
large capital invested in tenements.36 The amount that
could be exempted from execution for debt was five hun-
dred dollars.37
The legislature was prohibited to authorize the issue of
any lottery grants. The same restriction was placed upon
the legislature by a constitutional amendment in 1839.38
Until the expiration of the lottery grants in the State, one
33 Debates, vol. i, p. 535. 34 Const. 1851, art. v.
35 Debates, vol. i, p. 448.
36 Baltimore American, May 31, 1851.
37 Const. 1851, art. iii, sec. 39.
38 Act 1839, ch. 31. Confirmed, Act 1840, ch. 261.
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