Mr. SPENCER. The gentleman from Kent
says, that they have to be away from home nine
months. Mr. S. said, that believing $15 0
would procure the services of a capable person
as Attorney General, he would be willing to vote
for that sum for his annual compensation.
Mr. CRISFIELD stated his purpose in rising was
not to prolong the debate, but simply to give no-
tice of a substitute which he intended to propose,
when in order, for the first section, before do-
ing this, however, he desired to notice a single
view taken by the gentleman from Cecil. (Mr.
McLane.) That gentleman's argument was,
that this office was unnecessary. He had read
to the Convention an amendment which the
chairman of the committee who reported this
article proposed to offer, by which the power of
the prosecuting attorneys would cover all the
duties of Attorney General, except those for ad-
vising the executive department. There were
other classes of cases which these officers must
be called upon to examine. There were cases
continually arising in the land office, growing out
of State laws, which must be attended to, as
also civil and chancery cases. What did the gen-
tleman propose? That when these cases arose,
the clerk should inform the Governor who will
delegate some individual to attend to the interests
of the State. This showed that the services of a
legal officer were necessary to the State, and the
question then was—and the bill was based upon
the hypothesis that the services of counsel were
necessary—whether they were to have the du-
ties performed by an officer .who was an officer
of law, whose duties would be prescribed by
law, who would act under the responsibility of
an oath, and who would receive a fixed salary, or
whether they were to have an individual to be
selected by the Governor, under no responsibil-
ity, guided by no law, and with no duty defined,
and to receive an unlimited amount of compen-
sation? On one hand, the duties would be undefined,
and the compensation unfixed; on the
other hand the duties would be defined and the
responsibility known.
It seemed to him that the arguments of both
sides admitted that some individual was neces-
sary to perform some portion of the duty which
the Attorney General heretofore had been re-
quired to perform He thought it was better
to have an Attorney General, than to adopt the
mode suggested by the gentleman from Cecil.
If the Attorney General received last year
$9000, why not devise some scheme to prevent
this amount from accruing to him? They
could limit the amount. The argument had been
urged that $1700, in addition to the fees, had
been paid for extra compensation. These fees
would continue to be given until the law should
be altered, so as to give to the Attorney General
a certain salary. The Legislature had given
this sum regularly themselves : if not directly
they had directed the Governor to do it. Unless
they restrained the Legislature, these expenditures
would still go on. Economy was a sufficient
reason why they should have an individual
as Attorney General, who would receive a fix-
68 |
ed compensation and be required by law to per-
form such duties as should be assigned to him by
law. This would certainly be better than to
have a class of individuals irresponsible to the
State.
Mr. C. then read his substitute, which he said
was based upon the act of 1831, as follows:
Section 1st. The Governor, by and with the
advice and consent of the Senate, shall appoint
one person of integrity and sound legal know-
ledge. who shall be a citizen of the United
States, and shall have resided at least five years
in this State, before the time of his appointment,
who shall be styled Attorney General of Mary-
land; he shall reside in this State while he continues
to act as such; shall hold his office for the
term of four years, and shall qualify by taking
such oath as may be prescribed by law, and it
shall be his duty to prosecute and defend, on the
part of the State, all cases which at the lime of
the adoption of this Constitution and thereafter,
may he depending in the courts of appeals by or
against the State, or wherein the State shall be
interested, in the same manner as the Attorney
General is accustomed to do, or can do, and he
shall have, exercise and use all and every the
powers and authorities in and relating to the
same, as the Attorney General now has use, and
exercises, or can have use and exercise, in simi-
lar cases, except such as are herein conferred
upon the State's Attorneys, to be provided for
hereafter, and he shall give his opinion in wri-
ting whenever required by the General Assem-
bly or either, branch thereof, the Governor, the
Treasurer, or any State's Attorney, on any mat-
ter or subject depending before them, and when
required by the Governor or the General Assem-
bly he shall .id any State's Attorney in prosecu-
ting any suit or action brought by (he State in
any court of this State; and he shall commence
and prosecute or defend any suitor action in any
of said courts, on the part of the State, as the
General Assembly, or the Governor, acting ac-
cording to law, shall direct to be commenced,
prosecuted or defended, and he shall receive for
his services an annual salary of dollars, but
he shall not be entitled to receive any fees, perquisites
or rewards whatever, in addition to the
salary aforesaid, for the performance of any official
duty; or have power to appoint any agent,
representative, or deputy, under any circum-
stances whatever.
Mr. JENIFER said, that the bill as reported and
the amendments and substitutes offered, all pro-
vided for a law officer of the State as necessary,
This seemed to be conceded on all sides. The
questions which arise were. whether he should
be called an Attorney General or mere counsel
employed by the Governor; whether he should
be appointed or elected, and what compensation
he should receive. These embraced the gener-
al views of the amendments. An objection had
been urged to the appointment or election of an
Attorney General upon the ground of expense.
The gentleman from Cecil, (Mr. McLane] had
assumed that one of the objects of calling the
Convention, indeed he had said, the greatest ob- |
