clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 599   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

THE CHANCELLOR'S CASE.—1 BLAND. 599

the people, is likely to continue, and even to be increased by a
heavy accumulating interest upon a large debt, for which no funds
are yet provided, and our quota of the continental debt and inte-
rest remains also unprovided for, the strictest economy in all our
affairs is certainly become necessary; we therefore think that the
salaries of the gentlemen of the council might be lowered to three
hundred pounds each, the auditor-general three hundred and fifty
pounds, and his deputy one hundred and fifty pounds; and the
clerk of the council two hundred pounds; the treasurer's office,
we are of opinion, may well be executed for six hundred pounds to
the principal, out of which he might employ assistant clerks,

" We have another objection to the bill, more weighty than that
already mentioned. The independency of the Judges is essential
to the impartial dispensation of justice; this principle cannot be
questioned, and is recognized by the Declaration of Rights; for,
in pursuance of the principle that Declaration provides, 'that sala-
ries liberal, but not profuse, ought to be secured to the Chancellor
and Judges during the continuance of their commission.' Their
salaries have hitherto been settled annually by the civil list bill;
and consequently cannot be said to be secured to them during the
continuance of their commissions.—It may not be improper to settle
annually the salaries of officers annually chosen; nothing at least
in our Constitution expressly militates against an annual regula-
tion of the salaries of such officers; but an annual regulation of
the Judges' salaries, is repugnant, as we conceive, to the letter
and spirit of the Constitution, which meant that they should really
be independent, and superior to every undue influence. In our
judgment, * no influence over them would be more dangerous
than that of the Legislature, arising from the hope of increas- 639
ing, or the apprehension of decreasing salaries; an influence of
this kind would have a tendency to introduce the greatest evil in
government, an accumulation and union in the same persons, of
the legislative and judicial powers, so wisely and expressly pro-
scribed by our Constitution.

"The perplexities and confusion of the times may apologize in
some degree, for past inadvertency; for we are convinced, a delib-
erate violation of the Declaration of Rights was never intended by
the Legislature in any point, much less in one so essential. How-
ever, as the enemy hath some time since changed an offensive into
a defensive war on this continent, as now a regular and effectual
administration of law and justice hath taken place amongst us, it
is become the duty of the General Assembly to establish perma-
nent salaries, and to secure a punctual and full payment of them
to the Judges.

" We therefore deem it both expedient and necessary that a bill,
distinct from the civil list bill, should originate in your House for
that purpose; such a bill will meet with our ready concurrence;

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 599   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives