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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 611   View pdf image (33K)
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THE CHANCELLOR'S CASE.—1 BLAND. 611

General Assembly, in passing the Act of 1798. The Act of 1797,
ch. 71, having added to the Chancellor's salary, in a dubious form,
by giving the addition to him " as Chancellor and Judge of the
land office," it was not perfectly certain, that the indicated char-
acter "as Chancellor," would, when qualified by the expression,
"and Judge of the land office," draw after it the constitutional
security to the whole or only to a part of this addition; and, there-
fore, to remove this doubt, * and to clear away all am-
biguity, at the following session, by the Act of 1798, ch. 86, 652
the whole was given to the Chancellor, as Chancellor; manifestly
with the intention of drawing over the whole salary, that constitu-
tional guarantee and security which indisputably and rightfully
belonged to such a salary when given to the Chancellor as Chan-
cellor.

That this was the distinct understanding of those legislators
who passed the Act of 1798, will be placed beyond all manner of
doubt, by comparing the phraseology and allusions of the Act of
1792, with those of the Act of 1798. * Prior to the year 1792, the
Chancellor had received some additional compensation as Judge of
the land office; and, it is to that, which the Act of that year
refers by the expressions, "for all duties and services whatever
prescribed or to be prescribed by law." In other words, that
Legislature meant to say, that the Chancellor shall no longer be
compensated in two different characters; the one part of the com-
pensation to be secured according to the Constitution, and the
other during pleasure; but. that the whole should be constitution-
ally given and secured to him as Chancellor. By the Act of 1797,
ch. 71, a part of the Chancellor's compensation was given to him
"as Chancellor and Judge of the land office." And, therefore,
when, by the Act of 1798, ch. 86, the Legislature declare, "that
the Chancellor shall be entitled to receive for all duties and ser-
vices whatever prescribed or to be prescribed by law, an annual
salary of twelve hundred and seventy-five pounds." they meant
precisely the same thing, by those identical same words, that was
meant by the Legislature of 1792; that is to say, that the whole of
the Chancellor's compensation, as well that which had been con-
stitutionally secured to him, as that which had been, until then,
bestowed upon him during their pleasure, should all, henceforth,
be secured to him during the continuance of his commission.

The last House of Delegates, in excepting the Act of 1797, ch.
71, from their general continuing law, evidently acted under the
impression and belief, that whatever salary was given to the Chan-
cellor, as Chancellor, was secured to him during the continuance of
his commission. For, if they were not so impressed, why did they
in express terms refuse to continue that law, which had never been
continued; and, by its own limitation, had expired more than
twenty years previous to that time? But seeing, that the addi-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 611   View pdf image (33K)
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