614 THE CHANCELLOR'S CASE.—1 BLAND.
manifest and necessary consequence of its being secured, is, that
the amount, once specified, may be increased, but cannot be
diminished. A salary, being a particular amount or sum of money,
to be secured, must be so in every part and for the wrhole:—It
must be preserved entire, without the least subtraction or diminu-
tion; otherwise, it cannot, in any sense, be said to be secured.
But, a salary may be increased indefinitely; because no addition
can, in any way, impair the security of any amount which had
been previously given. Let us illustrate this by example.
The Legislature, in 1785, secured to the Chancellor a salary of
six hundred and fifty pounds, and, in 1792, they increased his
salary to nine hundred and fifty pounds, which they, in like man-
ner, secured to him. Now, it is obvious, that the addition of the
three hundred pounds necessarily left the security of the six hun-
dred and fifty pounds, which had been previously given, wholly
unimpaired; that salary was still, in every sense, secure; since it
is certain, that the greater always includes the less. But suppose
the salary given, in 1785, had been nine hundred and fifty pounds;
and, in 1792, it had been reduced to six hundred and fifty; it is
manifest, that such a reduction would have been a violation of the
security of the salary of nine hundred and fifty pounds. Hence
it is clear, that the Legislature are under a constitutional obliga-
tion to give a salary; that it is perfectly discretionary with them
to determine, in the first instance; or, while the judicial office is
vacant; or, when it shall become so; what shall be the amount of
the salary; and, that when they have determined the amount,
they cannot render it insecure by withholding it altogether, or in
any manner diminishing its value. The legislative discretion over
the amount of the Chancellor's salary is, thus, partially restricted
and controlled. The * Assembly may fix it, at any amount;
656 but, when fixed, although it may be increased; it cannot be,
in any manner, diminished, to the prejudice of any Chancellor,
during the continuance of his commission.
This restriction, as to duration, which prevents the diminution
of judicial salaries, if it were indefinite, might possibly, become
the means of accumulating the most serious burthens upon the
State. But, it is not indefinite; it has been expressly limited to
the period during which the officer holds his commission; which is,
in effect and at most, no more than during the short period of the
latter years of the life of a single individual. It is declared, that
the salary of the Chancellor shall be secured to him during the
continuance of his commission. This restriction, upon the legisla-
tive authority, in this particular, is complete, absolute, and entire.
No mere legislative Act can either invigorate or enfeeble the force
of this, or any other constitutional provision. The recital of the
thirtieth Article of the Declaration of Rights as in the Act of
1785, ch. 27, may be considered as a declaration, that the Legisla-
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