Attorney-general.

Chambers's Encyclopaedia, Volume 1: A to Beaufort, p. 562–563

Attorney-general. the title by which, in England and Ireland, the first ministerial law officer of the crown is known. The attorney-general is appointed by letters-patent. His office, powers, and duties correspond in many respects to those that belong to the Lord Advocate (q.v.) in Scotland, though the powers of the latter functionary are more extensive and less clearly defined. Originally, the attorney-general was simply the king's attorney, and stood to the sovereign in the same relation as any other attorney does to his employer. The term 'general' was afterwards conferred to distinguish him from attorneys appointed to represent the interests of the crown in particular courts, such as the Court of Wards; or from the master of the crown office, who is called the 'Coroner and Attorney for the Queen.' The early history of this office is involved in obscurity. Though there can be no doubt that the crown must always have been represented by an attorney in the courts of justice, the first record of the designation Attornatus Regis belongs to the reign of Edward I. (1272-1307). Up to a period comparatively recent, the king's serjeant was the chief executive officer of the crown in criminal proceedings, and this circumstance gave rise to various questions of difficulty as to the right to precedence of these officers respectively. These questions were set at rest in 1811, by a special warrant by the then Prince Regent, afterwards George IV., by which it was declared that both the attorney and solicitor general should have place and audience before all other members of the English bar. A similar question arose in a Scotch appeal in the House of Lords in 1835, between the Attorney-general and Lord Advocate, which was also decided in favour of the former. The following may be enumerated as the principal duties of the attorney-general: 1st, To exhibit informations and conduct prosecutions for crimes which have a tendency to disturb the peace of the state or endanger the constitution (see PLEA); 2d, To advise the government on legal questions; 3d, To conduct prosecutions and suits relating to the revenue; 4th, To file informations in the Exchequer for personal wrongs committed on any of the possessions of the crown; 5th, To protect charitable endowments in the sovereign's name, as parens patriæ, and, generally, to appear in all legal proceedings in which the interests of the crown are at stake. The attorney and solicitor-general were ex officio, till 1883, Commissioners of Patents (q.v.). The powers of the solicitor-general are co-ordinate with those of the attorney-general, and in the absence of the latter, or during a vacancy, the former may perform his functions in all their extent. Both usually have seats in the House of Commons, and their tenure of office concurs with that of the government of which they are members. They were formerly paid by fees, but now by fixed salary.

The duchies of Lancaster and Cornwall, and the county palatine of Durham, have separate attorney-generals.

Under the United States government, the attorney-general is one of the seven officials who constitute the president's cabinet. These officers are appointed by the president, confirmed by the senate, and removable at pleasure. The attorney-general is the head of the Department of Justice, and his duties are to give advice and opinions to the president, or any of the heads of the executive departments on questions of law arising in their respective departments. He argues suits in the United States courts when considered necessary, provides legal service on behalf of the government in the prosecution or defence of suits at law, examines titles to lands purchased by the United States for public use, and exercises a general superintendence over the minor officials of the United States courts. His salary is $8000 per annum. Nearly all of the states of the Union have attorney-generals, who are in some instances appointed by the governors, in others elected by the people. Their duties under the state governments correspond essentially with those of the United States attorney-general under the general government.

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