salary, and then he would have no right to charge
beyond it, leaving it to the equity and justice of
the legislature, to make him extra compensation
whenever it might be thought proper, he should
receive it.
If economy were the sole object, it appeared to
him that the appointment of an Attorney Gen-
eral for the State, with a fixed salary, would ac-
complish that object and comport more with the
dignity and honor and interest of the State, than
a power vested in the Governor, to employ coun-
sel whenever he deemed it expedient, and at
what compensation he pleased. For these rea-
sons he should vote for the appointment of an At-
torney General.
Mr. BRENT, of Charles, said that the subject
presented to the consideration of the Convention,
was whether the office of Attorney General, as it
now exists in the State, should be retained in the
Constitution we have been delegated to form.
The plan of the committee proposed to abolish
that office, and substitute in place of it State's
Attorneys, to be elected by the people in the sev-
eral counties and the city of Baltimore. From
the consideration and thought he had given to
the subject, he believed it to be the proper plan,
and was prepared to give it his support. The
provisions of the second section of the reported
bill, rendered the appointment of an Attorney
General for the State at large unnecessary, and
the arguments submitted on the other side had
failed to convince him he was in error. No ob-
jection had been made to the main features of this
section, but it was contended that in addition to
a State's Attorney to be elected in each county
and the city of Baltimore, there should also be an
Attorney General for the State at large.
The gentleman from Prince George, had gone
into an historical inquiry, to show that this was
a common law office. He believed that it hid
its origin in England, during the time of Charles,
the second. Many of its duties are derived from
the common law, but in this State they are chiefly
prescribed by the act of 1817. The various tax
and revenue laws of the State, also require cer-
tain services to be rendered by that officer. His
appointment is provided for in the Constitution,
but his duties have been designated by the Legislature.
It was not, however, important for him
to stop and enquire whether this was an officer
at common law or not. An examination of that
question in connection with the subject, as pre-
sented by the bill of the committee, he thought
needless.
What are the duties of that officer ? To at-
tend to all cases and suits where the State of Ma-
ryland is directly concerned, either in interest or
in guarding and enforcing her criminal laws. He
is in fact the attorney of the State, in every case
where she is the real and not the nominal party,
Not being able to attend to every state's case
arising within her limits, he has exercised the
right of appointing his deputies, of whom acting
within the limits of the commission from the At-
torney General to them, the same duties are re-
quired as of him. He is net the confidential ad-
viser of the Governor, but the Governor of the
State has the right to require from him his writ- |
ten opinion upon any subject in which the legal
rights and interest of the State are involved.
Mr. B. went on to remark that the Attorney
General of the State is not a salaried officer. His
compensation is derived from fees, and the
amount depends upon the number of cases in
which he is professionally engaged. In most of
the counties of the State, the emoluments of the
office are small, and it is only in the city of
Baltimore that the profits of the office are large;
being rendered so by the number of criminal
cases constantly occurring there, and which will
always be an incident to a large and populous
city. The fees of the Attorney General and his
Deputies, are paid by the county or city, where
the several cases are prosecuted, unless by the
judgment of the Court they are to be paid by
the party convicted. From the remarks of one
of the honorable gentlemen from Baltimore, not
now in his seat, it might be inferred, although
he did not design so to be understood, that the
Attorney General of Maryland was paid by that
city. If he resides there and prosecutes in
criminal cases originating in that city, he is
chiefly paid from her treasury. A former At-
torney General of the State resided upon the
Eastern Shore, and no part of his income was
received from Baltimore—the profits of the office
there went to his deputy,
It is said if the office of Attorney Genera] is
abolished, the interests of the State will suffer.
Undoubtedly this is true, unless his duties are
deputed to others. What is proposed in the
bill under discussion? Why, instead of having
this officer for the State at large, it is proposed
that each county and the city of Baltimore, re-
spectively, shall elect a "State's Attorney," to
be clothed with the same powers and duties,
which the present Attorney General is required
to exercise, circumscribed only by the limits of
the county or city, in which they are elected
Every case in which the State is interested
within her own territory, must arise in some
one of the counties, or the city of Baltimore,—
There then will be an attorney under the plan
proposed, as well as under the present, to guard
and protect her rights. The argument did not
seem to him to be sound. But it is assumed that
these attorneys will not expect to follow their
cases to the Court of Appeals. He, Mr. B.,
thought it would be their duty to try them there,
as well as in the Court below. The deputies
under the late Attorney General were required
and expected by him to do so. He believed and
hoped that the people would elect good and com-
petent men. It was anoffice of high importance
to their peace and welfare as citizens, and he
had no doubt they would take care to fill it pro-
perly. If attorneys are to be selected in the sev-
eral sections of the State, to take charge of all
her cases originating, or for trial there, he could
not understand how their duty to the State as
counsel would be discharged until they had fol-
lowed the case to its termination.
There was an omission it seemed to him in the
bill, but this he thought could be easily supplied. |
