That it appeared to him that the bill ran too
much into detail. In making a Constitution,
they should merely draw the general out lines,
and make the instrument as brief as possible.
They should guard against transacting the busi-
ness of legislation. In looking at the remainder
of the bill, there appeared to be much that could
be condensed. The third section undertook to
provide for the fees, and the fourth to provide for
filling vacancies. The fifth section he regarded
as unnecessary. It provided that no Attorney
should be elected unless he had been admitted to
practice at the bar.
If it was necessary to place any such restric-
tion upon the freedom of the election, it was an
objection in limine to the whole plan. He would
move to strike out the remainder of the bill, and
to insert a single section into which he had en-
deavored to condense all that was essential, as
follows:
Section 3. The State's Attorneys in the several
counties of the State, and the city of Baltimore
shall be elected when the Governor's election
shall take place, and in the event of any vacancy
occurring in said offices, the court of the coun-
ty or city where such vacancy shall occur, shall
have power to fill such vacancy until the next
regular election for Governor takes place, the
fees and commissions to the State's Attorneys
shall be the same as are now allowed bylaw to
the Attorney General and his deputies, subject to
such change from time to time, as the legislature
may provide, and the legislature may provide by
law all necessary rules and regulations in rela-
tion to said officers, not inconsistent with the pur-
poses of this Constitution; the first election shall
take place for State's Attorneys, at the same
time and place where the members of the next
House of Delegates shall be elected, and the offi-
cers then chosen, shall hold their offices until the
next election for Governor."
Mr. SHRIVER said:
That he had sought to perfect the details as
much as possible, and supposed that in so doing,
he had been carrying out the known wishes and
sentiments of the Convention, When the bill
had been perfected, the vote upon the substitute
would decide the question.
In order to perfect the portion moved to be
stricken out, before taking the question upon that
motion,
The third, fourth, fifth, sixth and seventh sec-
tion were read as follows:
Sec. 3. The fees and commissions to the State's
Attorneys, shall be the same as are now by law
allowed to the Attorney General and his depu-
ties, subject to such change from time to time, as
the legislature shall provide; and to receive any
other fee or reward, than such as is allowed by
law, shall be, upon conviction, sufficient cause
for removal from office.
Sec. 4. That in case of vacancy in the office
of State's Attorneys, by death, resignation, refu-
sal to act, disqualification, removal from the
county, or city of Baltimore, in which he shall
have been elected, or upon conviction, as herein |
before specified, the said vacancy shall be filled
by the judge or judges of the court having crimi-
nal jurisdiction in the county, or city of Balti-
more, respectively, in which said vacancy shall
happen, until the next general election thereaf-
ter, when the plurality vote of the qualified vo-
ters of the county, or the city of Baltimore, in
which said vacancy shall occur, shall elect a suit-
able person for the residue of the term thus
made vacant.
SEC. 5. No person shall be eligible to the
office of State's Attorney, who has not been ad-
mitted to practice the law in this State, and who
has not resided for at least one year in the county
or the city of Baltimore, in which he may be a
candidate for election.
SEC. 6. All elections for State's Attorneys
shall be certified to, and returns made thereof,
by the clerks of the respective counties, and the
city of Baltimore, to the judge or judges of the
court having criminal jurisdiction in said coun-
ties, and the city of Baltimore, and by whom
the oath of office shall be administered.
SEC. 7. The election of State's Attorneys
shall take place throughout the State, on the first
Wednesday of October next, and on the same
day every third year thereafter; and, in case of a
lie between two or more persons for said office,
then, the judge or judges of the court having
criminal jurisdiction in the county, or city of
Baltimore, in which said tie may happen, shall
designate which of said persons shall qualify as
State's Attorney.
Mr. SHRIVER moved to amend the seventh sec-
tion by striking out the words "first Monday of
October," and inserting in lieu thereof the
words:
"The Tuesday after the first Monday of Nov-
ember."
Mr SPENCER expressed a hope that the elec-
tion of these officers might take place at a time
when no other elections were taking place. He
hoped that the elections of these officers would
not be mingled with party politics.
Mr. PHELPS said:
That he considered the concentration of elec-
tions, as one of the great reforms required. One
great object was to get rid of the annual elec-
tions, and a continual recurrence to the ballot
box. He hoped, therefore, that the Attorneys
would be elected at the same time with other of-
ficers.
Mr. SPENCER was willing to go as far as any
member present, with regard to reforms; but if
be apprehended the matter, it was the desire of
the State of Maryland to keep all the State offi-
cers as far as possible removed from party. He
was opposed to every thing looking to the min-
gling of party with these elections. Every re-
former would agree with him in this desire. He
was proud to say, that upon a comparison of the
opinions of the judiciary committee, there was
not a dissentient voice upon the subject; not one
who was not in favor of having the election of
judges at a time when no other elections were
taking place.
They did not wish a State nor a national elec- |
