588 THE CHANCELLOR'S CASE.—1 BLAND.

* after having conveyed an adequate idea of what should
626 be the amount of the salary; and having imperatively di-
rected that it shall be provided; and when provided, that it shall
be secured; and then, to remove ambiguity, having designated
the duration of that security; it would seem, that nothing was
left for implication; and consequently, that nothing further was
necessary to be said upon the subject. But, had the clause stopped
at that point, it might have been asked, In what manner shall
provision be made for the payment of this salary? Under the
government just then abolished, judicial salaries were provided
for in various ways. Sometimes "in such manner and at such
time "as the Lord Proprietary; as the King; as the Parliament;
as the Colonial Legislature, or as one of the branches of the Colo-
nial Legislature thought proper to direct; and that too, in most
instances, without the least "consideration of the circumstances
of the State."

But, this last provision has removed even this doubt, by ex-
pressly investing the Legislature with the power to create, or to
set apart any particular fund, and to make appropriations, in such
manner as * they may think proper, for the payment of this
627 peculiarly and clearly defined salary of a Chancellor or Judge,
But, the amount of the salary being once designated by the Gene-
ral Assembly, whether by law, resolution, or in any other legisla-
tive way, that amount, so designated, is, by this Article of the
Declaration of Rights, secured during the continuance of the com-
mission; and nothing remains at the discretion of the Legislature
but the mode of making provision for its payment.

If the correctness and utility of provisions, such as these, con-
cerning judicial salaries, could be supposed to stand in need of any
testimonials in their favor from actual practice; or, if their per-
spicuity could be made more clear by illustrative examples, the

Province, but under the Lord Proprietary's " hand and greater seal at arms,"
like that of the commission to the Governor.—(Coun. Pro. lib. N. folio 45.)
The Chancellor of Maryland, therefore, cannot, according to the provi-
sions of the form of Government of the State, be constituted by letters pat-
ent or a public commission in like manner as the other judicial officers of
the State are constituted. But, when the office of Chancellor becomes
vacant, the great seal is taken into custody and kept by the Governor; and
when a person is appointed to fill the vacant office, he is constituted Chan-
cellor by having his appointment recorded in the council proceedings, (Const,
Art. 26;) and by having the prescribed oaths of office administered to him,
by the Governor, at the time of delivering to him the great seal of the State,
(February, 1777, ch. 5, s. 3; Votes & Pro. H. Del. 14th March, 1777.) The
Chancellor's holding of a commission, therefore, must necessarily consist
merely in the holding of the great seal under the authority of his appoint-
ment as recorded in the council proceedings; and thus, in this respect, and
in point of form at least, it differs from all other commissions spoken of in.
the Constitution.