Mr. McH, remarked that he was unwilling to
give the Governor any such discretionary power
as was proposed in the bill. It seemed to him
that the past practice of the General Assembly
in entrusting to the Governor a contingent fund
of considerable amount and applicable at his
pleasure, was at variance with the principles
which had been cherished as fundamental in re-
presentative governments. Now, it was pro-
posed to go further. It was proposed to autho-
rise the Governor to make use of this fund, in a
manner such as would avoid all responsibility;
for lie might employ as many counsel as he
pleased, and give them such compensation as he
pleased, without answering to any one, and with-
out being limited to the amount of the contingent
fund in his hands any deficiency in which, under
the provision of the bill as reported, the Legislature
would be bound to make good. Such a power
—so unrestricted and vague, violated that essen-
tial characteristic of all limited constitutional
government, the absence of all control by the exe-
cutive over the purses and property of the
people.
He was opposed to giving the Governor the
entire control of a contingent fund of any consid-
erable amount, and much more averse to entrus-
ting to anyone individual, irresponsible power
over the entire funds of the State, He desired
that these should be most carefully guarded by
the Constitution they were now framing.
Mr. DIRICKSON could not perceive how rates
of compensation, as proposed by the gentleman's
amendment, could be established.
Mr. MCHENRY said, that he would modify his
amendment so as to meet the acceptance of the
gentleman.
He altered his amendment so as to strike out
the words, "and make suitable compensation
from the contingent fund placed at his disposal,"
and to insert in lieu thereof, the words:
"For whose services such compensation shall
be made as the legislature may allow."
Mr. DIRICKSON said;
He had offered the substitute now under con-
sideration, because he regarded the legislature as
the appropriate and regularly constituted guar-
dian of the public treasury, and he wished so far
as possible to confide the payment of all money
to their keeping exclusively.
They came at all times fresh from the bosom
of the people, and must necessarily feel in an
eminent degree, their direct and immediate responsibility.
Whilst then by such an arrangement,
the common fund would be safely preserved
from unwise and improvident squandering—no
one could doubt but that a body of Maryland
gentlemen, of which the legislature would be
composed, would always compensate those who
had rendered the State a service with a generous
and liberal hand. There was not within the
limits of the Commonwealth, a jurist, however
eminent, who would not willingly risk her jus-
tice—not a counsellor who would not trust her
long established and well known character with
entire and unlimited confidence.
The objection urged that by such an arrange-
66 |
ment there would necessarily be some delay in
the payments, seemed of slight importance. All
knew that the profession every where were com-
pelled to wait with patience the reward of their
studious labors and toilings, and a delay so in-
considerable as that which might occur during
the interval between the legislative sessions,
could not be urged successfully for an instant
against the general propriety of the proposition,
By the adoption of this substitute in addition to
the considerations already advanced—the whole
responsibility would be entirely removed from
the hands of the Executive, and he would thus
be relieved from a position frequently of the ut-
most delicacy. Necessarily a full statement of
all the services rendered would be regularly
forwarded to the legislature, and they, after a
calm and deliberate inspection would, he doubted
not, render the most equitable and liberal pay-
ment.
Any one who would give himself the trouble
to examine the statement of the various sums
which had been paid for the services of counsel
during the past years, would feel with him, the
necessity of some such provision as that which
he had submitted, and with the most serious earnestness,
he commended it to the favorable con-
sideration of every member of the Convention.
Mr. PRESSTMAN made some remarks, which
will appear hereafter.
Mr. MCHENRY said that his only reason for
not accepting the modification of the gentleman
from Worcester, (Mr. Dirickson) was, the law-
yer, like any other workman, should know be-
forehand what amount he was going to receive
for his services. By allowing the Legislature
to prescribe rates, that object would be accomplished.
Mr. DIRICKSON desired to know if the gentle-
man could give to the Convention some idea as
to how the rates could be prescribed for services
hereafter to be rendered?
Mr. MCHENRY replied that the Legislature
could prescribe rates for certain kinds of services.
Fees were fixed for other kinds of services; and
he could not see why the fees of attorneys should
not be fixed. Not being conversant with legal
phrases, he was willing to substitute any other
word for "rate." He was open to suggestion
and conviction.
Mr SHRIVER desired to say that the commit-
tee who prepared this report were unanimous in
opinion. They desired that any wholesome
amendment should be made. He would say that
the principle of the abolition of the office of At-
torney General, and the election by the people
of Prosecuting Attorneys should not be lost sight
of. The gentleman from Hartford had said that
his objection grew out of his opposition to an
unlimited contingent fund. There was no unlimited
contingent fund, nor ever had been; for
it had always been limited and fixed by the Legislature.
For the last two years it hail been
twelve thousand dollars.
He objected to the amendment because it was
impossible for the Legislature to fix any rate of
compensation. No one could anticipate the |
