be enabled to judge what they were worth. It
would be impracticable to fix before hand, the
amount of compensation to be allowed. One
case might be disposed of in an hour, and another
like that of those persons connected with the
bank of Maryland, might occupy two or three
months, it might be expected that a case would
last but a day, and yet it might last day after day
for weeks and months. The Legislature, in such
uncertainty, could not possibly decide before-
hand, as to the amount of compensation proper
to be paid. The true mode would be that pro-
posed by the gentleman from Worcester, (Mr.
Dirickson,) for the Legislature, when the ser-
vices were rendered, to make the payment. See-
ing the abuses which had heretofore existed, as
it appeared from the exorbitant sums of money
that had been paid, it was the place for the Le-
gislature to fix the compensation, and to do it
after the services had been rendered. The idea
that no lawyer would accept, undersuch circum-
stances, seemed to him a reflection upon the bar,
and wholly unwarranted. He had been associated
with them for nearly fifty years, and felt per-
fectly satisfied that no one would hesitate a mo-
ment to accept a retainer by the State, rendering
his services and then relying upon the Legislature
for compensation. He did not believe a lawyer
of eminence would hesitate a moment. If he
did, he could not possess that liberal, patriotic
professional feeling which he had always attri-
buted to the bar in Maryland.
Mr. MERRICK was exceedingly sorry to find
that the gentleman from Anne Arundel and him-
self differed upon this question. What would be
the consequence of the adoption of the provision
as it now stood? Economy in the expenditure of
the public money was the favorite object of the
Convention. But if every case in which counsel
was employed should come up before the Legis-
lature, consuming the time of the whole Legisla-
ture in the discussion of the question of the
amount to be paid for the services rendered by
the counsel in that particular case, what should
and what should not be deemed an ample com-
pensation—thousands of dollars would be expend-
ed in fixing a compensation of $200 or $500. Fifty
times as much money would be expended in legislating
upon the subject, as the whole service
would cost. A week may beconsumed. There
may arise a controversy as to the amount to be
given in a particular case. Facts must be in
quired into; circumstances examined; the amount
of delay, whether days, weeks or months, must
be ascertained; and all these things must be
brought before the Legislature to be approved
considered and weighed. Instead of saving, they
were adopting a rule which would involve the
State in endless discussions, costing thousands of
dollars to fix a compensation of a few hundred
dollars.
The Convention had assembled to fix an organic
law; and that law could only be changed
after adopted by the people, by another Convention.
Into that law there was now to be incorporated
a rule which would cost, no one could
till how much money. His own proposition was
neither to fix the compensation, by an organic |
law, before or after the services should be ren-
dered; but to leave it to the future disposition of
the Legislature of the State to decide whether in
any case it should be fixed before they were ren-
dered. The Legislature could assuredly be trust-
ed to regulate the mode and manner and measure
of compensation to be given to functionaries they
were to employ lo render services in emergen-
cies hereafter to arise. He would leave it lo the
Legislature to determine according to the nature
of the case, whether to fix the compensation be-
forehand or not, and whether to authorize the
Governor to employ counsel with compensation
not exceeding so much, reserving to themselves
the right, should the service seem to require addi-
tional compensation, to add to the amount or
not, as they should judge to be proper. Let the
Legislature be free to decide the question, and
let not one hundred and forty or one hundred and
fifty men, at an expense of $500 per day, or more,
be compelled to examine every case individually,
in consequence of this regulation in the organic
law.
Mr. DORSEY was perfectly satisfied that the
apprehension of this great expenditure of time
and money, by the exercise of the power impos-
ed upon the Legislature, existed only in the im-
agination. Practically the sum would be deter-
mined upon and settled by the Committee,
without a word of discussion upon the part of
the Legislature. It would be the doty of the
committee to ascertain the facts, and their re-
port would in ninety-nine cases out of a hundred
be adopted without a word of discussion. It would
be impossible for the Legislature to form be-
forehand, the shadow of an estimate as to the
value of the services. After the Legislature had
fixed the amount, if it would turn out that the
labors were ten times as great as were antici-
pated, the question would he brought before the
Legislature, and then ten times the discussion
would take place upon that single case, which
would have taken place if the compensation had
been left to be decided after services were rendered.
In the latter case, all that would be re-
quired would be the examination of the commit-
tee. They would fully examine the subject, and
make their report, the appropriation would be
passed, and there would be the end of it. But in
the other case, after the contract had been made,
and the service performed, the labor having been
greater than was anticipated, the counsel would
come before the Legislature again and again for
remuneration. A controversy would then arise.
One party would say that the contract had been
made, and they would give no more than they
had agreed to pay; and the other party, as in
the case of Mr. Ritchie, which had so long occupied
Congress, would say that as ten times
the services had been rendered that were antici-
pated, the counsel should receive additional
compensation. The Legislature would avoid
this difficulty, if they were to decide only after
the services had actually been rendered. A great
waste of money would result from a contract to
perform services wholly uncertain in their na-
ture, and the resalt would he, that prudent coun- |
