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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 632   View pdf image (33K)
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632 THE CHANCELLOR'S CASE.—1 BLAND.

dence, as a necessary safeguard of their rights; and, after more
than ten years consideration, was carefully inserted in the Decla-
ration of Rights of Maryland.

Third, That the thirtieth Article of the Declaration of Rights is,
in every particular, clear and unambiguous; in all respects much
more so than the corresponding English statute of the year 1700;
and this Article positively obliges the Legislature to give a salary
to the Chancellor, and to secure it to him during the continuance
of his commission, without diminution.

Fourth, That, owing to the Revolutionary war, and the pecuni-
ary and fiscal embarrassments of the State, during the first nine
years after the establishment of the Republic, no salaries, of any
kind, could be regularly paid ; and, therefore, no salary was con-
stitutionally secured to the Chancellor during that time.

Fifth, That during that time, the General Assembly repeatedly
and solemnly alleged the inability of the State, as the sole and
only reason why they did not secure to the Chancellor a salary as
they were required to do by the Constitution.

Sixth, That the Chancellor's salary, from the November Session
of 1785, to December Session, 1824, has been several times added
to and increased; but never in the least, or in any way diminished,
or attempted to be diminished.

Seventh, That the distinction between the constitutional salary
of the Chancellor, and the compensation which was for many years
given to him as Judge of the Land Office, is clear; and one that
has been always well understood. The one must be and is secured
during the continuance of his commission; but the other had been
given during the pleasure of the Legislature.

Eighth, That the Act of 1798, ch. 86, is not an ordinary act of
legislation; but is one which must be controlled, and is continued
by force and operation of the thirtieth Article of the Declaration
of Rights.

Ninth, That the distinction between the amount, the duration,
and the appropriation for the payment of the Chancellor's salary
is * clear; and one which has been continually acted upon
676 and is well established.

Tenth, That the Act of 1798, ch. 86, by referring to all those
antecedent Acts and laws which recognize this distinction between
the amount, the duration, and the appropriation for the payment
of a salary, is manifestly predicated upon it. And, therefore, it
was clearly understood and intended, that it would and should be
continued in full force, as to the amount of the salary, by operation
of the Declaration of Rights; and that the appropriation for pay-
ment only would require to be continued or provided for in the
same, or in some other way.

Eleventh, That on the discontinuing or suffering the Act of
1798, ch. 86, to expire, the virtual revival of the Act of 1792, ch.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 632   View pdf image (33K)
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