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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 283   View pdf image
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283

The question then recurred on the amendment
of Mr. SPENCER.
The yeas and nays were asked and refused.
The question was then taken, and by ayes 32,
noes 21, the amendment was adopted.
Mr. DONALDSON moved to amend the second
section, (the object of which was to make the
elections uniform.)
Mr. D. explained, that his object in offering
this amendment was to make the elections uni-
form. Now they will occur, some in one year,
and some in two years, after the adoption of the
Constitution. He desired to concentrate all the
elections, so as to save expense, which would de-
feat the object of biennial elections. It would
be necessary that the first delegates elected,
should be for one year. The Senate would hold
on. In the year 1853, the new House of Dele-
gates would meet; and then the elections after-
wards, would be every two years. In this way
the elections would all take place together, and
there would be a considerable saving of ex-
pense.
Mr. PRESSTMAN said, that as this was a ques-
tion which would lead to long discussion, he
would like to have it postponed until we get on
the subject of biennial sessions. If the proposi-
tion should be amended too much, it might be
broken down. It is the last straw which breaks
the camel's back. Rather than endanger the
amendment, if the gentleman from Anne Arun-
del was & friend of the annual system, he had bet-
ter withdraw his proposition for the present.
Mr. DONALDSON then withdrew his amend-
ment, indicating that he would hereafter offer it
in another form.
And then the Convention adjourned.
SATURDAY, February 15,1851.
The PRESIDENT of the Convention resumed the
duties of Chair this day.
The Convention was called to order by the
PRESIDENT it eleven o'clock.
Prayer was made by the Rev. Mr. GRAUFF.
The roll of the members was called.
The Journal of yesterday was read, and having
been so amended as to state the fact that the
previous question, called by Mr. Spencer on his
amendment, had been withdrawn by him, and
that it had then been called by Mr. SHOWER,
was appended.
OFFICE OF THE ATTORNEY GENERAL, ETC.
Mr. SHRIVER, Chairman of the Committee here-
tofore appointed on the office of Attorney Gene-
ral and his Deputies, said he was instructed to
make a report.
In presenting it, Mr. G. stated, that the committee
were unanimously of opinion, that the of-
fice of Attorney General and the present mode
of appointing Deputies, should be abolished, and
that, in lieu thereof, the Governor should be em-
powered to employ counsel , in his judg-

ment, the interests of the State required H, and
that in each county, Howard district and the city
of Baltimore, respectively, the legal voters should
elect a Prosecuting Attorney for the term of
three years.
The report was read, as follows:
REPORT.
Section 1st. The Governor shall have power to
employ counsel for the State, when in his judg-
ment the public interest requires it, and make
suitable compensation from the contingent fund
placed at his disposal.
Sec. 2nd There shall be an Attorney for the
State of Maryland in each county, Howard dis-
trict and the city of Baltimore, respectively, to
be styled " the Prosecuting Attorney," who shall
be elected by the plurality vote of the qualified
voters of each county, Howard district and the
city of Baltimore; and who shall hold his office
for three years from the day of his election, and
until his successor be elected and qualified; and
shall be re-eligible thereto, and be subject to re-
moval from office for disqualification, wilful ne-
glect of duty, or misdemeanor in office, by pre-
sentment of the Grand Jury, and conviction of a
Petit Jury of the county, Howard District or city
of Baltimore, in which he shall have been elect-
ed.
Sec. 3rd. The fees and commissions to the
Prosecuting Attorney shall be the same, as now
by law, allowed to the Attorney General and his
Deputies, subject to such change, from time to
time, as the legislature shall provide; and to re-
ceive any other fee or reward than such as is al-
lowed by law, shall be, upon conviction, suffi-
cient cause for removal from office.
Sec. 4th. That in case of vacancy in the office
of Prosecuting Attorney, by death, resignation,
refusal to act, disqualification, removal from the
county, Howard district, or city of Baltimore,
in which he shall have been elected, or upon
conviction, as hereinbefore specified, the said
vacancy shall be filled by the Judge or Judges of
the court having criminal jurisdiction in the
county, Howard district, or city of Baltimore
respectively, in which said vacancy shall happen,
until the next general election thereafter, when
the plurality vote of the qualified voters of the
county, Howard district or the city of Baltimore,
in which said vacancy shall occur, shall elect a
suitable person for the residue of the term thus
made vacant.
Sec. 5th. No person shall be eligible to the of-
fice of Prosecuting Attorney, who has not been
admitted to practice the law in this State, and
who has not resided for at least one year in the
county, Howard district, or the city of Baltimore,
in which he may be a candidate for election.
Sec. 6th. All elections for Prosecuting Attor-
neys, shall be certified to, and returns made there-
of by the clerks of the respective counties, How-
ard district, and the city of Baltimore, to the
Judge or Judges of the court having criminal ju-
risdiction in said counties, Howard district, and
the city of Baltimore, and by whom the oath of
office shall be administered.
Sec. 7th. The election of Prosecuting Attorneys



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 283   View pdf image
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