more expensive than the present system. In
addition to the fees provided by law for the At-
torney General, there have been paid large sums
to that officer, and others, for services which are
not embraced within the range of his regular
duties. Mr. C. read a report from the treasurer,
from which it appeared there had been paid for
legal services in the last thirteen years, in addi-
tion to the fees provided by law, the sum of
$22,948. If the measure now in consideration.
should be adopted, who doubts that the expense
would be greatly increased.
Mr. C. said he would continue the office, hut
not on the present footing. He would appoint
the Attorney General as he is now appointed, but
his term should he limited to four years, which is
the duration of the Governor's term. He should
be appointed by the Governor, because intimate
official relations which must exist between the
Governor and his legal adviser, requires that they
should be personally agreeable to each other, and
that entire confidence should prevail between
them. The public service require this. He also
desired to see the Attorney General deprived of
all patronage. He should not have, as he now
has, the power of appointing deputies in every
county of the State. He should also receive a
compensation from the Treasury fixed by law.
Thus restricted, he desired the office of Attorney
General to he continued, for the reasons already
intimated.
While he was up, he would add that the en-
the article under consideration, was vague and
uncertain, in all its provisions. There were no
duties assigned to the Prosecuting Attorneys—no
restrictions—no responsibilities imposed upon
them. What were they to do? What were
they not to do; There was nothing definite—
nothing certain—there were no duties—no re-
straints prescribed. The article as reported, was
unmeaning, and ought not to pass. Mr, C. said
he could not vote for it.
Mr. GWINN said that the main question now
presented by the report of the committee, on the
office of the Attorney General and his deputies,
and by the amendments offered thereto, was, as
to the necessity for an Attorney General. By
one clause of the system proposed (and in this,
at least, all appear to agree,) the deputies are to
be elected by the voters of their respective coun-
ties, and of the city of Baltimore. These officers
are entrusted with the duty of prosecuting in all
criminal cases, arising in the State of Maryland,
and, if they are competent, the interests of the
commonwealth, within their districts, can be at-
tended to without the assistance of any general
officer. Their incompentency cannot be presumed,
because they will be elected by the people, who
are most deeply interested in preserving the
peace and good order of the State.
Much has been said concerning the necessity
of having some adviser to the State, to overlook
its interests. But it is well to consider what
these interests are, in order to a better under-
standing of this alleged necessity. There cer-
tainly are many occasions in which Executive
officers require advice. But where they have a
local character only, they ought properly to ad- |
dress themselves to the person acting for the
State within their county, who is bound to render
this service.
If any question arise, affecting the State at
large, whether it be a construction of a tax law,
or of an act of assembly, involving any of the ,
duties of the Executive, or in any question of a
similar nature on which the General Assembly
desire-information, it is certainly proper that the
State should have a conscientious adviser, upon
whose judgment the Governor or the legislature
can rely.
Where is the responsibility for the determina-
tion they may adopt? On the Executive, or on
the legislature only. When they ask advice, they
are bound in their own justification, to obtain the
best counsel the learning of the State can afford.
If they act upon improper, or insufficient advice,
they will not he sheltered from censure, because
it was adrice, and this necessity of choosing will
impose a wholesome restraint.
The rule will work another advantage. It will
place responsibility where it properly belongs—
upon the Executive, and upon the Legislature—
and not upon the Attorney General As to the
compensation, it might be observed, that the Go-
vernor seemed to be the fittest person to make
the compensation which any one acting for the
State should receive. There were difficulties in
the way of leaving the subject to the Legisla-
ture. It is never in a situation to estimate, with
the same certainty, as the Executive, the value
of the labor which has been performed.
Mr. MCLANE submitted some remarks, which
will be published hereafter.
Mr. PRESSTMAN also made a few remarks,
which will be published hereafter.
Mr. JENIFER pave notice that at the proper
time he should offer the following, as a substitute
for the first section of said report:
'"There shall be an Attorney General appoint-
ed by the Governor, by and with the advice and
consent of the Senate, whose term of office shall
expire with that of the Governor, and whose duly
and compensation shall be regulated by law."
And then, pending the question on the amend-
ment offered by Mr. DIRICKSON,
The Convention adjourned until to-morrow
morning at ten o'clock.
ERRATUM--In the inaugural address of Mr.
Buchanan, Tuesday, March 1.5th, the words "un-
expected by me, "should read "anticipated by
me."
DEFERRED DEBATE.
POWER OF APPROPRIATION.
Remarks of Mr. GRASON, March 5, 1851, in reply
to Mr. CONSTABLE.
Mr. GRASON wished, he said, to make a brief
reply to the gentleman from Cecil. The first
objection of the gentleman was as to the original
proposition of his friend and colleague, (Mr.
George.) He, (Mr. G.,) thought, that in connection
with the provision of a two-thirds ma- |
