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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 600   View pdf image (33K)
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600 THE CHANCELLOR'S CASE.—1 BLAND.

provided, that the salaries of the Judges be liberal, compared with
the present exigencies of the State; for what might now be es-
teemed liberal under those exigencies, may not appear so here-
after, when, from a happy change of circumstances, the resources
of the people shall be greater than at present. In this point of
view, we consider the salaries settled on the Judges by the present
bill, as sufficiently liberal.

"If on a revision of the subjects of this message, your ideas
should coincide with ours, as to the quantum of the salaries pro
posed by us to be altered, and settled annually on all the other
civil officers of government, except the Judges, a bill originated
by you for that purpose will have our ready assent."

To this message from the Senate, the Delegates on the 12th of
January, 1783, sent the following answer: " May it please your
honors, We cannot but consider the bill for the payment of the
civil list as a money bill, and therefore subject to no amendment
by your honors. By a rule of this House, before any person is
named to any office or appointment, to which any salary or allow-
ances is annexed, the allowance of salary is first ascertained. The
reason of this provision is obvious, to prevent any opinion that the
salary is given to the person and not to the office, and the choice
of the officer removes all suspicion of partiality or prejudice. We
do not think the salaries allowed by our bill profuse or
640 extravagant, and we cannot go into a reconsideration of
them without departing from our rule, and subjecting ourselves to
a censure we would wish to avoid.

" We agree with your honors, that the salaries to the Chancellor
and Judges ought not to be settled by an annual regulation, but
ought to be secured to them during the continuance of their com-
missions; and, as soon as we can furnish a permanent and perpe-
tual fund out of which their salaries can be paid, we will send you
a distinct bill for that purpose, and we hope this will be in our
power before the expiration of the year; we have returned your
honors the bill, and hope it will meet your assent."

In reply to which the Senate, on the 14th of the same month,
sent to the Delegates the following message: "Gentlemen, We
have reconsidered and sent yon the civil list bill with our assent;
you have laid us under the disagreeable necessity either of length-
ening the session for some days, at a time when every gentleman
expects to rise, or assenting to what we do not approve; we must
therefore declare to you, that we shall hereafter adhere closely to
our propositions, and have only at this time assented to the bill to
prevent the further continuance of the session, or the confusion
which would arise from leaving the civil officers without any pro-
vision."

From these messages it clearly appears, that both branches of
the General Assembly agreed, that the salaries of the Chancellor

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 600   View pdf image (33K)
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