clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 538   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
538
ject was economy, which he denominated the
platform of the Convention—that economy was
the great basis upon which the Convention was
called. He. (Mr J,) would admit this was one
object, and if they would examine the different
hills reported, they would find that it had been
carried out as far as it could go. With all the
bills reported, economy had been the order of
the day. But this was not the only object of the
Convention. Its object was also to take away
the life tenure of the offices of the judges and
others. This was one great complaint of the
people—it was also to restrain within proper
limits the legislative and Executive departments
of the Government.
Inregard to economy, how was it? It was
provided by the substitutes of the gentleman from
Cecil and of the gentleman from Worcester, that
the Governor should employ an officer whenever
he might think proper. Consequently, the per-
son employed must have a salary, or other com-
pensation.
Suppose it should become necessary that the
Governor should employ counsel to the Su-
preme Court of the United States to go to New
York, to Pennsylvania or anywhere else, for the
purpose of arguing a case; for each and every
case the counsel must lie paid, and he is not lim-
ited to one counsel, he may employ half a dozen
at one time, or at different times. Another case
may arise, and another, until the compensation
allowed would exceed the amount the Legisla-
ture would give an Attorney General The
enormous amount paid the Attorney General
had been referred to. He ventured to say, that
that amount would be very great economy com-
pared with the appointments of counsel by the
Governor, unlimited as to the amount of compensation
they were to receive, except by the
amount of the contingent fund at his disposal.
It had been said, that at the present time it
was not necessary to have an Attorney General.
If at any time from the formation of the Govern-
ment, to the present time, that necessity had ex-
isted—now was the time to have a law officer to
protect the great interests of the State.
The gentleman from Queen Anne's, (Mr.
Spencer,) had referred to the fugitive slave case
in New York. Mr. J. thought that the Attor-
ney General should, very properly, go there and
argue the case. The State would not then have
additional expenses to pay, except such as might
be provided for by law—the compensation should
be liberal but defined.
Why not say that the Attorney General should
have a proper salary, and make it his duty to go
when called on by the Governor. In regard to
economy, they would see that if they gave the
Attorney General $2500 or $2000 per annum,
for which the best talent might be engaged, hav-
ing State's attorneys throughout all the counties,
economy would be better accomplished and they
would have a law officer respected, whenever du-
ty called him, as the law officer of the State.
In regard to the mode of appointment, he
agreed with the gentleman from Prince George's
(Mr. Bowie,) that the appointment should be
made by the Governor, and for four years. Mr.
J. was of the opinion that the officer should be
responsible to the State for the duty performed,
but if the power should be given to the Governor
alone, he did not see that there would be any re-
sponsibility upon the part of the individual em-
ployed, because he would not be recognised by
law.
As to the mode of appointment, some gentle-
men were in favor of election by the people.
He ventured to say, that throughout the counties
it had scarcely been heard of. He had never
heard it mentioned before he came to the Con-
vention. This bill provided that there should be
a State Attorney in each county, to be elected
by the people of the county. He believed that
this power should be placed in the hands of the
Governor and Senate.
He had seen it published throughout the papers,
that a certain party desired to take from the
Governor all responsibility and patronage. And
it had been charged upon gentlemen of the lower
counties and the Whig party. He said it was a
little remarkable, as far as be had seen by the
votes and in discussion, that it was the Demo-
cratic party who were afraid to trust the Gov-
ernor with power, and were for curtailing it most.
He disavowed for himself being of either party
in this great question of reform, and was in favor
of placing confidence in the Governor whom the
people elected, and also in the Senate. He did
not desire to force upon the, people what he believed
they did not require. He was for appoint-
ment by the Governor, by and with the advice
and consent of the Senate; the compensation to
be regulated either by the Convention or by the
Legislature, as might be deemed most expedient.
If it should be decoded that the Attorney Gener-
al should not be appointed by the Governor he
would take the other alternative, and have him
elected by the people. He believed that the
manner in which it was proposed to regulate the
compensation of this officer by the amendment
of the gentleman from Somerset, [Mr. Crisfield,]
was a good one, as it would prevent cavil here-
after.
The importance of an Attorney General at
the present time had been referred to by the
gentleman from Queen Anne's, not only in the
case of New York, but in the case of Philadel-
phia also. The legislature of Ohio had lately
passed a law which might bring up great and
important questions, for the consideration of the
legislature of Maryland, and the opinions of her
State officers. That State had passed a law ex-
pressly nullifying a law of Congress, by making
it a penalty to assist in capturing fugitive slaves.
He knew it had been said that the Governor
could employ the best counsel to go to these places;
but the consequence would be a much larger ex-
pense. Therefore, with regard to economy and
the great interests of the State, be believed there
should be an Attorney General, whose duty it
should be to guard the interests of the State at
home, and in the Supreme court of the United
States, and elsewhere, whenever his services
should be required. He would give him a liberal


 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 538   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives