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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 602   View pdf image (33K)
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602 THE CHANCELLOR'S CASE.—1 BLAND.

depend much more upon the abilities and integrity of gentlemen
who fill these judicatories than perhaps at first view may be imag-
ined. These officers ought to be put above want, and whatever is
given ought to be absolute, and without control, and not be obliged
to look up annually to the legislative body for their next year's
support. The increase I would recommend would be £150 to each,
amounting in the whole to only £600; a small tax upon law pro-
ceedings would bring in much more than this sum to the treasury." .

At the session of the General Assembly held in November, 1785,

there were convened, as our statute book will show, the most

642 * worthy and enlightened body of legislators Maryland ever

saw. On the 24th of November of that session, the Senate sent

the following message to the House of Delegates:

"Gentlemen, We think it a duty incumbent on us to call your
attention to the state of our judiciary department. The Thirtieth
Article of our Bill of Rights, for very obvious and important rea-
sons, enjoins that the Chancellor and Judges should be independ-
ent, not only by holding their commissions during good behavior,
but also by having proper salaries secured to them during the con-
tinuance of their commissions. It is the duty of the Legislature
both to fix the salary of the Chancellor and Judges, and to pro-
vide funds by a permanent law for the regular payment of such
salaries. This duty has not been complied with; and instead of
being in that state of independency required by the Bill of Rights,
and strongly dictated by the first principles of free governments,
the Chancellor and Judges have hitherto remained dependent for
their salaries upon the annual votes of the Legislature. This
House have been of opinion for a considerable time past, that
there was no circumstance which would justify the Legislature in
delaying to make the provision required by the Constitution; and
our opinion hath been ineffectually communicated to a former
House of Delegates; but we trust, gentlemen, you will concur with
us in sentiment, that this very important subject ought to be prop-
erly attended to early in this session; and that you will in due
time send us a bill for fixing the salaries of the Chancellor and
Judges, during the continuance of their commissions, and for the
payment of those salaries with certainty and regularity. The
experience of past sessions induces us to apprehend we may find
ourselves under the necessity of determining too hastily, matters,
by which the welfare of this State in particular, and of the United
States in general, may be essentially affected, and which conse-
quently demand the maturest consideration.

"Towards the close of each session, when from its length and
the approaching severity of the season the House of Delegates
have been usually anxious to rise, the most important part of the
public business hath been transmitted to the Senate. As the
Constitution does not allow this House to propose amendments to

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 602   View pdf image (33K)
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