ditional compensation whenever he was sent to
a distance and was long detained or rendered im-
portant services to the Union.
When the late Attorney General, Reverdy
Johnson filled that office, he was sent to New
York or Philadelphia, by General Taylor to at-
tend to the interests of the United States in mo-
mentous cases about to be tried which had been
previously tried and decided against the United
States. He was successful, and saved to the Uni-
ted States some ten or twelve millions of dollars
When lie returned, General Taylor, expressed
his high gratification at the manner in which the
Attorney General had performed the duties en-
trusted to him, and asked him to state what was
the amount of extra compensation, to which, ac-
cording to usage, he was entitled. Mr. Johnson
replied, that he had examined the law on the sub-
ject, and had satisfied himself that he had but dis-
charged his duty as Attorney General, was not
entitled to receive and would not receive any
compensation for the services rendered, other
than his salary.
Mr. JENIFER asked whether Messrs. Pinkney
and Rush did not receive large extra fees?
Mr. DORSEY said, he could not answer the
question. He had said that it was the practice
to receive additional fees. His friend before
him, (Mr. Howard,) said it was always usual.
Mr. SCHLEY referred to the section which pro-
hibits the increase or diminution of the salary of
a public officer while he remains in office.
Mr. DORSEY said:
This still further demonstrates the impropriety
of attempting to obtain an Attorney General at
the low salary of one thousand five hundred dol-
lars. The State could never expect to get, at
such a salary as that, men like Luther Martin,
Pinkney or Taney, who conferred more honor on
the office they filled, than did the office on
them.
He admitted that it was not now the same
honor to fill the office as it was formerly. And
his own appointment, perhaps, might in some de-
gree have contributed to that result. But be the
cause what it may, the fact, he thought, could
not be denied that at the present day the honor
of being Attorney General of Maryland, was not
sufficiently great to induce the distinguished mem-
bers of the profession to seek the appointment.
If it is necessary to send counsel to distant parts
of the State, to attend to the public business, it
would be cheaper to find persons on the spot
competent to the discharge of these duties, and
who would take care to see that justice was done
to the State.
Mr. SPENCER said, I never contemplated, in
proposing to give the Attorney General a salary
of fifteen hundred dollars, that he was to perform
duties beyond the limits of this State, when re-
quired, as well as within it, for that sum. I do
not hesitate to express my belief that you cannot
get an officer at such a salary, to attend to his
duties at home, and also go to New York, or any
other State of the Union, or to the Supreme
court of the United States. If an officer were to
undertake to do it, he would involve himself in
debt. No, I calculate the fifteen hundred dol- |
lars as the emolument within the State of Mary-
land. This was the position I occupied,
Mr DORSEY. My answer was this, that I do
not think it follows from necessity—that it is
morally certain that the Attorney General, if se-
lected by the people, would be taken from among
the most able and distinguished lawyers in the
State—that in great and important cases, such
as the one I have already referred to, or where
the sovereignty or important pecuniary interests
of the State of Maryland are deeply involved
and are about to be tried in the Supreme Court
of the United States, of the Court of Appeals, or
in some other court of the United States, it
is desirable that the State should be represented
by a inember of the bar of distinguished emi-
nence; that such an one would be found in the
Attorney General of this State is not at the
present day a matter of even moral certainty.
The interests of Maryland, therefore, require
that the Governor should be permitted to seek
him in any part of the State where he is to be
found, and not be restricted to the employment
of an Attorney General not exactly of that order
of talent requisite for the occasion,
I stated that I thought the Attorney General
of this State had not been, for the last thirty
years or more, of that eminent professional abili-
ty which distinguished them in olden times, when
a Martin, a Pinkney or Taney occupied that
post, and conferred more honor on the office than
the office did on them.
Mr. SPENCERR. The gentlman's answer is
just what I expected; and when I say this I mean
no disrespect to the gentleman. I mean to say it
is the only answer that can be given. One of
two things must take place, the Attorney Gen-
eral, if we have one, must be either appointed by
the Governor or elected by the people. The ar-
gument of the gentleman appears to me to be this:
that if the Governor had the appointment, then
he would not obtain the services of the ablest and
most profound lawyers. If he is appointed by
the Governor, then the force of the argument of
the gentleman is this : that the very Governor
who appoints an Attorney General will select a
feeble and unsuitable man, but if on the other
hand, he is to be required to select special coun-
sel in each case in which be may require advice,
then he will go to some particular part of the State;
perhaps to Anne Arundel county, or to Baltimore
city, or some other particular place, where he will
find and select some very distinguished lawyer.
Mr. DORSEY, (in his seat.) Or, to Queen
Anne's county.
Mr. SPENCER. I am glad to find the gentle-
man looks to Queen Anne's, but I fear he will
find an order of men there far behind these of Anne
Arundel. I have no doubt they will compare
well with the rest of the State.
Mr. President, I apprehend if an Attorney
General is appointed by the Governor, he would
be as cautious in selecting him, as he would be
in. selecting special counsel.
But, again, if the Governor is not to appoint,
then the people will elect. Here I apprehend that
inasmuch as there is a probability of the people
being required to elect, the gentleman looks into |
