580 THE CHANCELLOR'S CASE.—1 BLAND.

vided, that two-thirds of all the members of each house concur in
such address. That salaries, liberal, but not profuse, ought to be
secured to the Chancellor and the Judges, during the continuance
of their commissions, in such manner, and at such time as the
Legislature shall hereafter direct, upon consideration of the cir-
cumstances of this State. No Chancellor or Judge ought to hold
any other office, civil or military, or receive fees or perquisites of
any kind."

The objects contemplated by this Article are the personal quali-
fications of an individual. It looks altogether to a man as a moral
agent; and proposes to sustain and fortify these excellencies and
capacities which fit him to be entrusted with judicial power; and
to provide against those passions and frailties which may occasion
an abuse of such power. This general character of this Article
wilt be more distinctly understood by contrasting it with some
other provisions of the Constitution, which speak of collective
bodies, of divisions, and of departments of power.

Thus, it is declared, "that the legislative, executive and judicial
powers of government, ought to be forever separate and distinct
from each other." In this there is no reference to personal and
moral qualities; it speaks merely of the artificial political divisions
of power; and directs each one of them to confine itself within its
own proper sphere. Again, it is said "that no aid, charge, tax,
burthen, fee or fees ought to be set, rated, or levied under any pre-
619 tence, without the consent of the Legislature; (h) that * no
law to attaint particular persons of treason or felony ought
to be made in any case, or at any time hereafter; that excessive
bail ought not to be required, nor excessive fines imposed, nor
cruel or unusual punishments inflicted by the Courts of law.''
These restrictions relate to the executive, legislative, and judicial
powers respectively; they refer to masses of power, or modes of
authority; and declare, that they shall be restricted to a certain
extent, and confined within certain boundaries.

This thirtieth Article does not speak of the quantity, quality, or
extent of judicial, or any other sort of power; laying aside every

(h) This peculiar expression in the twelfth Article of the Declaration of
Eights, refers to that controversy which originated in the year 1770, between
the Proprietary Governor Eden, and the House of Delegates, as to the power
claimed by the Governor and Council to settle the rate of officers' fees by
proclamation without the consent of the people through their Delegates.
This claim of the last Provincial Governor was strikingly analogous to that
set up by the mother country to levy taxes by Act of Parliament without
the consent of the representatives of the colonists. It is to this claim of
settling the fees by proclamation, that the first legislative enactment of the
republic upon the subject of fees alludes by declaring, that officers' fees can
be rated, regulated and established by Act of Assembly only.—(October, 1777,
ch. 10: Biog. Sign. D. Inde. Life of Carroll.)