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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 548   View pdf image
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548
rather than executive patronage and favoritism.
Mr. SHRIVER said:
It was my intention to have responded to some
of the objections which have been urged to the
adoption of the first section as reported by the
committee, but as the whole subject, has been so
fully and ably discussed, and as the Convention
seem anxious for a vote on this question, I deem
it improper to consume more time, and will con-
tent myself by reading the second section as I
propose to amend it.
[Mr. S. read the section as proposed to be
amended.]
That section when amended, taken in connec-
tion with the first, will, I think, answer most of
the objections made to the first section as report-
ed by the committee.
Mr. PHELPS called for the reading of the
amendment,
Which was read.
The question was stated to be, first, on the
amendment of Mr. DIRICKSON.
Mr. DIRICKSON with the consent of the Convention
so modified said amendment, as to insert the
word "thereafter," between the words "may"
and "allow."
Mr. D. asked the yeas and nays,
Which were ordered, and
Being taken, resulted as follows:
Affirmative—Messrs. Lee, Chambers of Kent,
Donaldson, Dorsey, Wells, Weems, Brent of
Charles, Crisfield, Dashiell, Williams, Hicks,
Hodson, Eccleston, Phelps, Dirickson, McMaster,
Fooks, McHenry, Carter, Stewart of Baltimore
city, Schley, Fiery, Neill. John Newcomer, Harbine,
Weber, Hollyday, Slicer, Fitzpatrick and
Smith—30.
Negative—Messrs. Buchanan, President, pro,
tem., Morgan, Jenifer, Howard, Bell, Welch,
Chandler, Dickinson, Sherwood of Talbot,
Chambers of Cecil, McCullough, Miller, Mc-
Lane, Bowie, Spencer, Wright, Shriver, Sap-
pington, Nelson, Hardcastle, Gwinn, Brent of
Baltimore city, Sherwood of Baltimore city,
Ware, Kilgour, Brewer, Parke, Shower and
Cockey—39.
So the amendment was agreed to.
The question then recurred upon the adoption
of the substitute as offered by Mr. MCLANE, on
yesterday for the first section of the report, being
in these words:
In cases required by the public interest, the
Governor shall have power to employ counsel
under such regulations as the legislature shall
prescribe. "
Mr, JENIFER then moved to strike out the said
first section and substitute the following—
"There shall be an Attorney General appoint-
ed by the Governor, by and with the advice and
consent of the Senate, whose term of office shall.
expire with that of the Governor, and whose duty
and compensation shall be regulated by law."
The question was then stated to be on the sub-
stitute of Mr. JENIFER.
Mr. SHRIVER asked the yeas and nays, which
were ordered.
Mr. GWINN called for a division of the ques-
tion on striking out—but, after some conversa-
tion as to the effect of the motion, withdrew it.
Mr. SPENCER renewed it.
A long conversation followed as to the state of
the question, and the effect of the amendment.
The question was then taken on the motion to
strike out, and the result was as follows:
Affirmative—Messrs. Morgan, Wells, Sellman,
Weems, Jenifer, Crisfield, Williams, Hodson,
Eccleston, Phelps, Bowie, Spencer, Brent of Bal-
timore city, Kilgour, Hollyday, Smith, and Show-
er—17.
Negative—Messrs. Buchanan, Pre't., pro tem.,
Lee, Chambers of Kent, Donaldson, Dorsey,
Brent of Charles, Howard, Bell, Welch, Chand-
ler, Dickinson, Sherwood of Talbot, Dashiell,
Chambers of Cecil, McCullough, Miller, Mc-
Lane, Wright, Dirickson, McMaster, Fooks,
Shriver, Sappington, McHenry, Magraw, Nelson,
Carter, Hardcastle, Gwinn, Stewart of Bal-
timore city, Sherwood of Baltimore city, Ware,
Schley, Fiery, Neill, John Newcomer, Harbine,
Brewer, Weber, Slicer, Fitzpatrick, Parke, and
Cockey—43.
So the Convention refused to strike out.
The question then recurred on the substitute
amendment of Mr. MCLANE.
The PRESIDENT, (pro tem.,) said, that the sub-
stitute was not in order—the Convention having
refused to strike out.
Mr. WEEMS desired to offer a substitute.
The PRESIDENT, (pro tem.,) said, it was not in
order.
Mr. CHAMBERS, of Kent, called the attention
of the Chair to the twenty-second rule.
The PRESIDENT, (pro tem.,) reconsidered his
decision, on consulting the rule, and declared the
substitute of Mr. MCLANE to be in order.
Mr. WEEMS then said, he should offer a substi-
tute for the section, and that, before it was read,
he would say a few words.
Mr. W. said, he was opposed to the abolition
of the office of Attorney General, and notwith-
standing his unwillingness to participate in the
discussion of the bill now under consideration, he
would, if in order, offer a substitute for the first
section. Before doing so, however, he desired
to occupy the floor for a few moments, while he
stated very briefly the reasons by which he had
been influenced, in looking over the tabular
statement, showing the amount paid by the Exe-
cutive to counsel during the year 1850, he found
the sum to be very little less than six thousand
dollars. This. in his judgment, was a very im-
portant item of expense, one in which his con-
stituents as well as the whole people of the State
were interested. For one, he had always thought
the Attorney General a very necessary and im-
portant officer, as the adviser of the Governor
and Treasurer of the Slate. He considered him
the proper person to defend any citizen of the
State who might be arrested and put upon his
trial for an alleged crime beyond the limits of the
State. This bill provides for the election of
Prosecuting Attorneys by the people in the sev-
eral counties and city of Baltimore, by which ar-
rangement, (continued Mr. W.,) the duties of the
Attorney General will be very much mitigated.


 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 548   View pdf image
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