Mr. DANIEL. This question will test the
question in regard to the mode of appoint-
ment. The other question can be decided
afterwards.
Mr. SMITH, of Carroll. I desire to say a
word, to show that there is no inconsistency
between the vote I shall give upon the propo-
sition of the gentleman from Baltimore city
(Mr. Daniel, ) and my action in having re-
ported this section from the committee. I am
generally in favor of giving the people the
right to elect their officers, and not to deprive
them of any privilege in that regard which
they have heretofore exercised. And one
strong argument introduced here in favor of
an elective judiciary, is that the people having
once exercised that privilege are not disposed
to abandon it. That argument, however,
does not apply to this case,
I think that the confidential and intimate
relations that must necessarily exist between
the governor and the attorney general are
such as make it very advisable that he should
be appointed rather than elected. The gov-
ernor of the State will be forced to appoint a
person learned in the law, and of honor and
integrity. And the governor would be held
responsible for the faithful discharge of the
duties of the officer thus appointed. If this
constitution be adopted by the people, I have
no doubt that a great many important ques-
tions will be submitted to the attorney general,
for the many changes we propose will bring
up many questions to be decided. I think,
therefore, under the circumstances, consider-
ing the relations which will exist between
these two officers, that the governor ought to
have the privilege of making the appointment.
In my estimation it will better subserve the
public interests.
The question was upon the amendment of
Mr. DANIEL.
Upon this question Mr. DANIEL called the
yeas and nays, and they were ordered.
The question being then taken, by yeas and
says, it resulted—yeas 24, nays 33—as fol-
lows:
Yeas—Messrs. Goldsborough, President ;
Bond, Briscoe, Chambers, Clarke, Daniel,
Davis, of Charles, Dent, Earle, Edelen, Hop-
kins, Lee, Mitchell, Miller, Mullikin, Parker,
Parran, Purnell, Ridgely, Russell, Smith, of
Carroll, Stockbridge, Sykes, Todd—21.
Nays—Messrs. Abbott, Annan, Audoun,
Blackiston, Brooks, Brown, Cunningham,
Duvall, Ecker, Gale, Galloway, Hatch, Hebb,
Horsey, Jones, of Somerset, Keefer, Kennard,
King, Larsh, Marbury, Markey, Mayhugh,
McComas, Murray, Negley, Nyman, Robinette,
Sands, Schlosser, Stirling, Swope, Wickard,
Wooden—33.
The amendment was accordingly rejected.
Mr. HEBB moved to fill up the first two
blanks in the section, so that it should
read—
"There shall be an attorney general elected |
' by the people of the State, on general ticket,
on the Tuesday next after the first Monday in
November, in the year eighteen hundred and
sixty-four.' '
The question being taken, the motion was
agreed to,
Mr. SMITH, of Carroll, moved to fill the
other blanks, so that it would read—
"And on the same day in every fourth
year thereafter, who shall hold his office for
four years from the first Monday of January
next ensuing his election," &c.
Mr. HEBB. I move to make the term of
office two years, so that it may conform to the
terms of the comptroller and treasurer.
The question was stated to be upon the
longest time, being that proposed by Mr.
SMITH, of Carroll, which was agreed to.
No further amendment was offered to the
first section.
Section two was then read as follows :
" Sec. 2. All elections for attorney general
shall be certified to, and returns made thereof
by the clerks of the circuit courts for the
several counties, and the clerk of the superior
court of Baltimore city, to the governor of
the State, whose duty it shall be to decide
upon the election and qualifications of the
person returned, and in case of a tie be-
tween two or more persons, to designate
which of said persons shall qualify as attor-
ney general and to administer the oath of
office to the person elected,"
No amendment was offered to this section.
Section three was then read as follows:
" Sec. 3. It shall be the duty of the attorney
general to prosecute and defend, on the part
of the State, all cases which at the time of
his election and qualification, and thereafter
may be depending in the court of appeals, or
in the supreme court of the United States, by
or against the State, or wherein the State may
beinterested; and he shall give his opinion
in writing whenever required by the general
assembly, or either branch thereof, the gov-
ernor, the comptroller, the treasurer or any
State's attorney on any matter or subject de-
pending before them; and when required by
the governor or the general assembly; he
shall aid any State's attorney in prosecuting
any suit, or action brought by the State, ill
any court of this State; and be shall com-
mence and prosecute or defend any suit, or
action in any of said courts, on the part of
the State, as the general assembly or the
governor, acting according to law, shall di-
rect to be commenced, prosecuted, or de-
fended, and he shall receive for his services
an annual salary or — thousand dollars ,
but be shall not be entitled to receive any
fees, perquisites, or rewards whatever, in
addition to the salary aforesaid, for the per-
formance of any official duty, nor have power
to appoint any agent, representative, or
deputy, under any circumstances whatever."
Mr. AUDOUN moved to fill the blank so as to |
