of the order, and having been taken, it was de-
cided in the affirmative—ayes 36, noes 23.
So the order was adopted.
THE ATTORNEY GENERAL AND HIS DEPUTIES.
On motion of Mr. GWINN,
The Convention resumed the consideration of
the unfinished business of yesterday, being the
report heretofore made by Mr. SHRIVER, from
the committee on the Attorney General and his
deputies.
The question pending before the Convention
on yesterday, being on the adoption of the sub-
stitute as offered by Mr, MCLANE, and amended
on the motion of Mr. CRISFIELD, for the first sec-
tion of the report.
Mr. DIRICKSON remarked that he wished in the
first place to abolish the office of Attorney Gene-
ral. He then wished the Governor to have the
power to employ counsel to attend to the inter-
ests of the State, undercertain regulations, to he
prescribed by the Legislature. He wished the
Legislature, and not the Governor, to fix the
compensation. He wished the Legislature not
only to specify the mode and manner in which
counsel should be employed, but the amount of
compensation which should be paid therefor. He
would suggest as the gentleman from Cecil, was
willing to adopt this amendment, and permit
him to accept the substitute, that it would save
one vote to take that course.
Mr. JENIFER called attention to the fact that
the amendment of the gentleman from Worces-
ter, (Mr. Dirickson,) had already been adopted.
He could not, therefore, accept a substitute,
moved by the gentleman from Cecil, (Mr. Mc-
Lane.)
Mr. MCLANE understood the proposition of the
gentleman from Worcester, to be merely to
transpose the order in which the section now
stood. He had at first moved to insert the
words:
"For whose services such compensation shall
be made as the Legislature may allow,"
He, (Mr. D.,) had then modified the amend-
ment by inserting the word "thereafter," before
the word "allow," and in that form the House had
adopted it. He now wished that amendment to
come in at the end of the amendment offered subse-
quently by himself, (Mr. McLane.) The gentleman
from Somerset moved an amendment,
which was also adopted. The object now was
to have the whole read in the following order:
"In cases required by the public interest, the
Governor shall have power to employ counsel
under such regulations as the Legislature shall
prescribe, for whose services such compensation
shall be made as the Legislature may thereafter
allow; but no law shall be passed to establish the
office of Attorney General."
He, (Mr. McL.,) did not suppose this would
be inconsistent with his own object; which was to
allow the Governor under regulations prescribed
by the Legislature to employ counsel, and that
the Legislature should pay the counsel.
Mr. DIRICKSON inquired whether it would be
in order to move to amend the substitute of the
gentleman from Cecil. |
The PRESIDENT, pro tem., (Mr. Biser,) replied
that the amendment would be in order.
Mr. DIRICKSON moved to amend said section
by inserting between the word "prescribe," and
"but," the following:
"Whose compensation and mode of payment
shall be made as the Legislature may thereafter
direct."
Mr. SPENCER said:
It was not his intention to discuss further the
subject of an Attorney General, for he considered
that question settled in the Convention. But in
order to place himself right upon the question
before the people of the State, he desired lo ad-
vert to one or two facts not in his possession on
yesterday.
Since the debate upon yesterday, he had inquired
of the late Secretary of State as to the necessity
on the part of the Governor in taking council, in
cases where the Governor pays no extra fees;
and he had been informed by that officer that
the Governor of Maryland frequently required
the advise of the law officer of the State, and
that the advice thus furnished was not paid for as
extra compensation. It would be necessary,
therefore, for the Governor to select a particu-
lar lawyer, and for fees to be paid for every
piece of advice.
In addition to this, he had addressed a letter to
the Treasurer upon the subject, requesting him
to furnish him with the facts of the case lo be
laid before the Convention. The reply was as
follows:
TREASURY, ANNAPOLIS,
March 20,1851.
DEAR SIR: In reply to your note of this morn-
ing, I inform you, that whenever any doubt res-
pecting the construction of an act of the legisla-
ture exists in my own mind, or a difference in construction
between parties affected by the acts of
legislature and myself occurs, and whenever any
important instrument of writing is to beprepar-
ed, in which the State is a party, I refer for ad-
vice to the Attorney General.
You will thus perceive that in some years, I
have occasion to consult him several times, in
others not at all, except to adjust the accounts of
the Sheriff of Baltimore city, which he always
does.
He also approves of all bonds required from
agents of foreign corporations, and some others
holding appointments in Baltimore. It is certain-
ly important the the Treasurer should have
some competent and responsible legal officer to
whom to refer the settlement of questions of
law.
Very respectfully yours,
D. CLAUDE, Treasurer.
Hon. W. A. SPENCER, Mem. of Con.
Mr. MCLANE said:
That in a few minutes he could answer conclu-
sively every thing that had just been advanced.
The gentleman was mistaken from beginning to
end. But as a resolution had been adopted to
terminate the debate at two o'clock, and as this
question had been concluded yesterday, he did
not feel at liberty to reply. |
