clothed with that power in the different counties
of the State. There was no stage from the very
commencement of the issuing of the writ, to the
close, that it. was not the duty of the Attorney
General to supervise the administration of justice
in behalf of the State. Unless such an office
should be continued, the administration of the
law would inevitably suffer. The mere appoint-
ment of counsel by the Governor would not re-
medy the evil, because that counsel would not be
clothed with these powers and duties.
As to the mode of appointment, he was indif-
ferent about it. His own impression was that
the Attorney General ought to be appointed by
the Governor; that every Governor, at the com-
mencement of his term of service, ought to have
the right to select his Attorney General for the
term of four years He saw no necessity for
throwing that officer before the people, although
he had no great objection to it, and if it could
be the will of the majority of the Convention that
the Attorney General should be elected by the
people, he would throw no impediment in the
way of it. He should be in favor also of taking
away from the Attorney General the power of
selecting his deputies which seems so much to be
objected to. But while he might consent to the
election by the people, he believed it proper to
have an eye to the interests of the various portions
of the State. He was opposed to the election by
the people by general ticket, because he be-
lieved that if appointed by general ticket, the
city of Baltimore would elect the Attorney Gen-
eral to the end of time. He would prefer to
have the State divided into districts, giving each
district one term. Regarding the Attorney Gen-
eral as the confidential adviser of the Governor,
it seemed to him more proper that he should be
selected by the Governor. The selection of a
new Governor every four years, would create
such a rotation in the office of Attorney General
as would satisfy the most ultra reformer in the
State.
Mr. BRENT, of Baltimore city, said,
Considerations of false delicacy shall not with-
hold the reasons for the vote which I am called
on to give.
Before giving those reasons, I feel at liberty,
with a view to correct erroneous impressions,
some of which have appeared in the public
prints, to refer to the causes which prevented
me from resigning my seat in this Convention,
when I was honored with the commission of At-
torney General,
It has been said, that as a member of the com-
mittee on credentials and qualifications, I report-
ed against the competency of any person to sit
in this Convention who held any office of profit
under the State government. This is wholly untrue.
My report is on file, and will show that I ad-
mitted the competency of clerks, registers of
wills, and all other State officers, except judges,
to hold seats in this Convention.
Therefore, the retention of my seat in this
Convention under present circumstances, is not
inconsistent with my own report on credentials
and qualifications. |
By the advice of judicious friends, I was
averse to troubling my constituents with a spe-
cial election to fill my place if it could be
avoided consistently with the public interests and
my duty. Finding that my office could be con-
ducted by deputy, according to law, I felt that the
public interests would be perfectly safe when con-
fided to the integrity and ability of the friend
whom I have selected. So much for the charges
against my inconsistency.
In voting upon the office which I now hold, I
shall vote for three objects and for any measures
which will effect those objects, viz :
First, I shall vote to supersede the present At-
torney Generalship.
Secondly, To elect, by popular vote, the Prose-
cuting Attorneys for each county and the city of
Baltimore.
Thirdly, To elect, by popular vote, through-
out the State, an Attorney General, with a fixed
salary, in order that while the local attorneys su-
perintend the local business of the State, the
Attorney General may superintend all matters of
general interests, such as advising the Governor,
arguing causes in the courts of appeals, &c.
These are the views which I have formed con-
scientiously, and I shall conscientiously endeavor
to carry the mout by my votes.
Mr. SPENCER regretted that he could not sup-
port the amendment offered by the gentleman
from Cecil. He was apprehensive it would
bring upon the State innumerable evils.
That gentleman had looked back to the very
alarming expenditures in extra compensation
paid to Attorney General and special counsels,
employed in a variety of cases in which the State
of Maryland was interested. By adopting this,
proposition, he feared the door would be opened
for a scene of corruption in the legislature, tube
avoided at all times.
If it was the intention of the Convention to
abolish the office of Attorney General, something
fixed and precise ought to be adopted as the course
to be pursued hereafter. He should in that case,
infinitely prefer the section reported by the com-
mittee, to the proposition of the gentleman from
Cecil. He would prefer, if the office of Attor-
ney General should be abolished, that the Gov-
ernor, under his high responsibility should have
the power of employ ing special counsel, and of
regulating and controling the fees, rather than
that it should be thrown before the legislature.
If the proposition of the gentleman from Cecil
should be adopted, the legislature must do one
of two things—either pass a law authorizing the
Governor to do the very thing which this section
now authorised him to do—or refuse to pass such
a law and compel the Governor in each particu-
lar case in which he shall have occasion to em-
ploy counsel, to leave to them the right to ad-
judge the fees to be paid. In the latter case who
would be willing to. be employed to transact any
important business, with an uncertainty as to the
fee to be allowed by the legislature? There
would be counsel willing to go before the legisla-
ture by their friends, and by appeals and other
inducements, expect to induce the legislature to
pay a large fee, |
