616 THE CHANCELLOR'S CASE.—1 BLAND.

that session, they say, "If time will permit, we shall attempt to
provide particular funds to secure the payment of the salaries
established by our bill;" that is, by the Act of 1785, ch. 27. It
appears, that after that bill became a law, which was on the 7th
of February, 1786, " leave was given to bring in a bill to provide,
and appropriate a permanent fund for the payment of the salaries
to the Chancellor and Judges.'' But, it seems, as had been ex-
pected, there was not time, during that session, to provide a fund,
as was proposed; and the subject was not called up again. By
the third section of the Act of 1785, ch. 27, it was declared, that
the salaries of the Chancellor and Judges should be paid "out of
the surplus raised every year, until the General Assembly shall
make other provision for payment." Thus, the constitutional
obligation to pay the Chancellor his salary, during the continuance
of his commission, is, most clearly and distinctly, recognized by
the Acts of that session; and yet, the same enlightened legislators,
no less * clearly and distinctly, claim, recognize, and reserve
658 to the General Assembly a complete discretionary power
over the appropriation, the mode of making provision for pay-
ment.

By the Act of 1792, ch. 76, it is declared, that the Chancellor's
salary shall be paid to him " during the continuance of his com-
mission." And, by the third section of the same Act, it is de-
clared, that to "secure the punctual payment of said salary," cer-
tain taxes on proceedings in Chancery and in the land office should
be levied and collected; and, if they should not bring into the
treasury a sufficiency, "the deficiency should be made up out of
any moneys in the treasury arising, or to arise from the sale of
vacant lands." And then, by the fifth section, it is declared, that
"the said taxes shall be collected and paid for five years after the
end of the present Session of Assembly, and no longer." This,
then, is a clear instance of the express constitutional continuance
of the salary, and the actual limitation of the fund, out of which
it was to be paid; of a salary given during the continuance of the
commission, and of a temporary appropriation for its payment, (s)

(s) This distinction between the duration of a, Judge's salary and an appro-
priation for its payment, is also strikingly exemplified by the last Act of
Parliament passed in the year 1760, (1 Geo. 3, c. 23,) in relation to the com-
missions and salaries of the English Judges; by which, after reciting, that
the King had declared, that he looked upon the independency and upright-
ness of Judges as essential to the impartial administration of justice, as one
of the beat securities to the rights and liberties of his subjects, and as most
conducive to the honor of the Crown; it was enacted, that the commissions
of Judges should continue in full force during their good behavior notwith-
standing the demise of the King; provided that it should be lawful for the
King to remove any Judge upon the address of both houses of Parliament:
And that such salaries as were settled upon Judges by Act of Parliament,
and also such as should be granted to them by the King should be paid to