if it were so, they had only done their duty, and
exercised a power expressly reserved in the law
for the appointment of arbitrators, who were, of
course, apprised of it before they consented to
act. He was prepared to give a history of the
case, but he would only say, that in view of all
the circumstances, the subject was discussed last
session, and the claim of McCullough was rejected
by a vote of nearly two to one in the House
of Delegates. The chairman of the committee
who had voted for the claim before, voted against
it afterwards when the vote was forty-five to
twenty-four against it. The clause of the Act of
Assembly on which he had founded his opinion,
that the Legislature was justified in refusing this
claim of the arbitrators Mr. DORSEY here read.
Under this law the Legislature were to deter-
mine whether they would pay or not. Believing,
as he conscientiously did, that the State had not
a shadow of interest in the. matter, and that there
was no claim on the State, he stated what he
did. The State determined not to pay the arbi-
trators, because Mr. McCullough was bound to
pay them. He thought, therefore, that from this
case, the ground could not, with propriety, be
taken, that it was right to refuse the power to
the Legislature to fix the compensation for legal
services.
He did not intend to make any remarks with
reference to the Attorney General. He would
give his vote for the report. The gentleman from
Queen Anne's says we can get an Attorney Gen-
eral for $1500. He, [Mr.D.] knew that for
many years past, it bad been the practice to
make such appointments from political favorites,
and thus it was that not always were men of the
most distinguished talents selected. It is true,
we have had Luther Martin, who conferred more
honor on the office than he derived from it. We
also have had Roger B. Taney, now Chief Justice
of the Supreme Court of the United States.
And Mr. Pinckney held the office temporarily,
until another distinguished individual was com-
petent to fill it. It comported with his conscience
to hold it awhile, and it was given to him by the
State, on account of his professional pre-emi-
nence, and as an acknowledgment for great services
which he bad rendered the State, in ob-
taining a large claim which she had in Europe.
But if the appointment of an Attorney General
is to be made now, as it has been tor some years
past, the State will need some additional coun-
sel. The Attorney General will have to attend
to all the business of the State on the Eastern
Shore, and before the Supreme Court of the
United States. He believed it would be found
that the cases of the State before the United
States Supreme Court, were never trusted en-
tirely to the Attorney General. He recollected
very well that when he was Attorney General,
he felt very much gratified at the appointment
of Roger B. Taney, to aid him in carrying on a
case concerning the right to tax merchandize
imported from foreign countries, before the bale
was broke. It was so also, in the case of Mr.
McCullough, in the Bank of United States-
Cases of this importance, and at this distance
69 |
from home, were never entrusted to the Attorney
General alone. It was never contemplated
that they should be. It was no part of the duty
of the Attorney General, to travel all over the
United States. If such a salary as is spoken of,
were allowed him, it would not be expected
that he would be required to represent the State
In courts out of the State of Maryland, with-
out additional compensation. The salary itself
would be no adequate compensation.
The gentleman from Queen Anne's, thinks
that upon the terms he has mentioned, the State
can obtain very distinguished men. He, (Mr.
D,} doubted if distinguished men could be ob-
tained at any such a salary as the gentleman had
named. A man who is competent to fill the of-
fice with credit to himself and advantage to the
State, never would accept the office at the salary
named. If there were only the ordinary duties,
men might be found to take it, but not with all
these extraordinary duties out of the State, in
the performance of which, he would have to
make great sacrifices.
He did not agree in the idea, that it was the
duty of the Attorney General, as such, to take
more care of the interests of the State, than could
be expected of any other counsel to whom they
may be committed. He had been nearly fifty
years at the bar and on the bench, and he could
say from his own personal knowledge, had
never witnessed any deficiency in zeal or efforts
on the part of counsel specially employed by the
State. Other counsel will take just as much
care of the interest of the State as the Attorney
General. He takes the oath of office prescribed
by the Constitution; but there is also another
oath which no lawyer will violate, and which he
takes when he becomes a member of the profes-
sion. And no man can be selected by the Gov-
ernor who would not regard that oath as obliga-
tory on his conduct, as would be the oath of the
Attorney General,
lie thought then, that there was no real ne-
cessity for the appointment of an Attorney Gen-
eral. In the cases which may arise in the coun-
ties, the Governor could look among the profes-
sional talent of the county or adjoining counties,
and appoint counsel resident, as it were, on the
spot, and he could do this for less compensation
than the Attorney General would require, were
he to discharge the duties.
If an important criminal case were to be tried
and it was requisite that the State should have
very able counsel, the Governor can obtain it,
and will have the power to obtain it under this
section. Counsel may be taken from among the
distinguished men in Baltimore and elsewhere,
and taken into the districts, if the Governor
should think proper; although it would not be
necessary, when in the district itself or its adjoin-
ing districts, distinguished counsel could be
found fully competent to conduct the case. And
these could be obtained at less expense than
would be allowed to the Attorney General if he
attended there. It had not been unusual when the
Attorney General of the United States who has
now a salary of $6,000 a year, to be allowed ad- |
