without any express delegation of power for that
purpose. But the legislature have not the power
to say, that the person elected should be a law-
yer, unless it be so declared by this Conven-
tion. That qualification, no less than the place
and term of residence, ought to be fixed in the
the Constitution.
The legislature have no more right to fix the
one than the other. If we leave out the provi-
sion requiring that the prosecuting attorney must
be a lawyer, we have no right to require that the
appointment should be confined to the legal pro-
fession; our omission of its requisition may lead
to dangerous consequences. The people might
elect a man who is entirely ignorant of law, and
the consequence would be that all criminals
would go ''Scott free." And if a case of abolition,
abduction or lynch law were to come before the
court, the persons charged might evade punish-
ment from the incompetence of the State's At-
torney to conduct a criminal prosecution; the
same may, be said of murder or any other crime.
Or if it was necessary to sue on bonds, or to car-
ry on any case in which the finances of the State
were in jeopardy, would you leave the public
interests to be sacrificed for want of legal coun-
sel, qualified to act for the State?
The qualifications for electors and candidates
have been fixed, as they should be, in the Consti-
tution in such a way as will but promote the ad-
vantage of the State; and it is equally necessa-
ry that we should guard this important safe-
guard to the interest of the State—the qualifica-
tions of the State's Attorneys. We are obliged
to do many things which may appear to be unne-
cessary, but such is not the condition of the mat-
ter now under consideration.
Mr. SPENCER said:
That the gentleman from Baltimore county,
had taken the ground, when arguing against the
proposition which he, (Mr. S.,) had submitted,
that all the elections in our State do not turn on
subjects connected with the interests of the State
are not influenced by local causes, but are, in a
greater or less degree, controled by national po-
litics. In the elections for members of the legis-
lature, national politics do enter, because they
are connected with national politics, and give
strength to them; and according to their results
the general administration is encouraged or dis-
couraged.
But he was clearly of opinion, that, in refer-
ence to the elections of judges or prosecuting at-
torneys, the elections ought to be kept entirely
separate, and beyond the reach of these political
influences The legislature act in their own
sphere when they express political opinions. But
it is not so with judges and prosecuting attorneys.
And herein lies the difference, and this is the
reason why the elections for the legislature, and
those for the judicial officers should be kept dis-
tinct.
In relation to the Governor's election, he had
never known a period when national politics did
not enter into the elements. But it sometimes
happened that local influences were so strong as
to over-power those which were national in their
character. It was so in relation to the reform |
movement which led to this Convention. It was
so powerful as to override all questions of na-
tional politics.
With these facts before him, he must express
his belief that the gentleman from Baltimore
county, had sot assigned sufficient reasons why
his, (Mr. S's.,) proposition should not be adop-
ted.
The question was taken on striking out,
And was decided in the negative.
So the Convention refused to strike out.
The bill, as amended, was then adopted.
On motion of Mr. SHRIVER,
The bill, as amended, was ordered to be
printed.
BASIS OF REPRESENTATION.
Mr, SCHLEY enquired of the chair what was
the next order of business?
The CHAIR, (occupied temporarily by Mr.
Ware, of Baltimore city,) stated that the busi-
ness next in order would be the reports of the
committee on representation.
Some conversation followed.
Mr, JOHN NEWCOMER moved that the Conven-
tion proceed to the consideration of the report of
the committee on the elective franchise.
Mr. GWINN submitted to the CHAIR, that the
elective franchise report could not be taken up,
without a motion to postpone the special order.
The CHAIR decided that the representation
question, (being the special order,) must be taken
up, and that a motion to postpone would then be
in order.
Mr. KILGOUR moved that the consideration of
the special order be postponed until Monday
next.
Mr. SCHLEY moved Monday week.
Mr. MERRICK rose and said :
That he believed the regular order of the day
was the report of the committee on representation.
He was anxious that this very important
question should be taken up for consideration,
and that if it was postponed, it would be only
for a short period. But he could not refrain
from giving his assent to the motion of the gen-
tleman from Montgomery, (Mr. Kilgour,) when
he looked round and saw the thin condition of
the House. He hoped that when this great ques-
tion should come up, a question on the grave and
wise consideration of which so much of the har-
mony of our future deliberations may depend,
the Convention would be full. He was willing,
therefore, that the order of the day should go
over until Monday next, by which time he hoped
that every member of this body would be in his
place and prepared to take up this question with
a. determination to go on with it until it shall be
finally disposed of. He would remind the Con-
vention that this subject was fixed for yesterday,
but before he left the seat of government recent-
ly, and after the Convention had decided on that
day, he ascertained that a number of gentlemen
who were called home on business, went with a
full belief that it would not be taken up for con-
sideration before next-week; therefore, they had
not yet returned. If then the subject could be |
