need the information for the benefit of the
State.
The question being then taken upon the
amendment of Mr. MILLER, it was not agreed
to.
No further amendment was offered to the
third section.
Section four was then read, as follows :
"Sec, 4. No person shall be eligible to the
office of attorney general, who has not been
admitted to practice the law in the State, and
who has not practiced the law for —
years, and who has not resided for at least
— years in the State."
Mr. SMITH, of Carroll, moved to fill the
first blank with the word " ten."
Mr. SCHLEY moved to fill it with the word
"five."
The question was upon filling the blank
with the word "ten," involving the longest
time.
Mr. SMITH, of Carroll. I think a man who
is called upon to fill this responsible position,
ought to have practiced law for ten years at
least. It is one of the most important and
responsible positions in the State. And from
the circumstances that now surround us,
from the changes proposed to be made by this
constitution, it is evident that we require in
this position the services of one who has
occupied a leading position, in the profession
for ten years at least.
Mr. STIRLING. I partially agree with the
views of my friend from Carroll (Mr. Smith.)
This is a question which does not affect me
oneway or the other. I do not expect to fill this
office, and I have practiced law for ten years.
But it is possible that there is some one who
has practiced law but nine years, or eight
years, who is well qualified to fill this position.
I do not think the people are likely to be care-
less in reference to this matter. I know that
gentlemen have occupied places heretofore in
this State probably as prominent as this, who
bad not practiced law for ten years. Cer-
tainly some gentlemen have been upon the
bench in this State who had not practiced
law for ten years. The last chief justice of
this State had not practiced near ten years,
when he was called to that position. And be
certainly made one of the best judges the
State has had. Though I did not agree with
him in politics, and he had some few failings
which his friends might very well regret,
still all that bad nothing to do with his age,
or his practice at the bar. He was abundantly
able to fill the position of judge, and fully
competent to fill the position of attorney gen-
eral. I refer to the late chief justice LeGrand,
who bad not practiced law five years when
called to that position. Take such a man as
Judge Constable; I have no doubt everybody
would have thought him fit for the place of
attorney general even betore he had practiced
law for five years. I think you may safely
trust the people to exercise a proper discre
46 |
tion in regard to the matter. I do not deem
it a matter of very serious importance, but 1.
shall support the proposition to fill the blank
with the word "five" instead of the word
"ten."
Mr. SCHLEY. I am somewhat concerned in
this matter, »as a citizen of this State. I am
sure no one is more desirous than myself to
secure ability and learning in this high office.
But it occurs to me that if after a practice of
five years an attorney at law does not show a
fitness for this office, be will not do so after
fifty years of practice. He may not have ac-
quired as much legal acumen and learning in
five years as be would in a longer time; but
his legal acumen and learning will show them-
selves in that lime.
Mr. STIRLING. I will state another instance,
Governor Hicks offered the most important
judgeship in Baltimore, before Judge Martin
accepted the position, to a gentleman who
certainly had not practiced law for five years.
He offered the place to him with the entire
approbation of a large portion of the bar; but
! he declined.
Mr. SMITH, of Carroll. I know there are
instances of rather extraordinary men. But
a gentleman may be learned in the law, and
yet not knowing about the duties of attorney
general. I think ten years is short enough
time to require of one who will be called up-
on to apply himself to the practice of law in
all its branches.
The question was upon the motion of Mr.
SMITH, of Carroll, to fill the first blank with
the word " ten."
The question being taken, upon a division
—ayes 24, noes 26—the motion was not
agreed to.
The question recurred upon the motion of
Mr. SCHLEY, to fill the blank with the word
" five."
Mr. CHAMBERS. I propose to fill the blank
with the word "seven," as I believe seven
years is as short a time as can enable a man
to fit himself for this office.
The question was upon the motion of Mr.
CHAMBERS, embracing the longest time.
The question being taken, upon a division
—ayes 42, noes not counted—the motion was
agreed to.
The question was next upon filling the
blank in the last clause of the section, which
.read as follows:
"And who has not resided for at least
—years in the State."
On motion of Mr. STOCKBRIDGE,
The blank was filled with the word "five.'"
On motion of Mr. ABBOTT,
The words "next preceding his election"
were added to the clause.
On motion of Mr. CHAMBERS,
The word "therein" was inserted after
the words " practiced law."
Mr. CHAMBERS. I did not notice the ques-
tion at the time the last blank was filled with |
