626 THE CHANCELLOR'S CASE.

after having conveyed an adequate idea of what should be the
amount of the salary; and having imperatively directed that it
shall be provided; and when provided, that it shall be secured;
and then, to remove all ambiguity, having designated the duration
of that security; it would seem, that nothing was left for implica-
tion; and consequently, that nothing further was necessary to be
said upon the subject. But, had the clause stopped at that point,
it might have been asked. In what manner shall provision be made
for the payment of this salary ? Under the government just then
abolished, judicial salaries were provided for in various ways.
Sometimes " in such manner and at such time" as the lord pro-
prietary; as the king; as the parliament; as the colonial legisla-
ture; or as one of the branches of the colonial legislature thought
proper to direct; and that too, in most instances, without the
least " consideration of the circumstances of the State."

But, this last provision has removed even this doubt, by expressly
investing the legislature with the power to create, or to set apart
any particular fund, and to make appropriations, in such manner as

that the governor shall affix it to all engrossed bills, &c.; consequently, during the
time that the governor has the great seal in his possession, for that purpose, it can-
not be said to be kept by the chancellor. The chancellor is, therefore, the keeper
of the great seal at all times, and for all purposes; except for that particular occa-
sion of affixing it to engrossed bills when it is taken possession of and kept by the
governor. (Dr. Bonham's Case, 8 Co. 234.) It is however declared, that all public
commissions shall be signed by the governor, and attested by the chancellor with the
seal of the State annexed. But it is obvious, that the chancellor himself can have
no such commission, since it would be absurd to direct, that a commission should be
made to him signed by the governor, and attested by himself with the great seal
annexed of which he himself is declared to be the keeper. And although it is also
declared, that the great seal shall be affixed to all commissions as hereto/we prac-
tised; and it may have been the practice, in some cases, to constitute the provincial
chancellor by commission; yet it was a commission, not under the great seal of the
province, but under the lord proprietary's " hand and greater seal at arms," like
that of the commission to the governor.—(Coun. Pro. lib. N. folio 45.)

The chancellor of Maryland, therefore, cannot, according to the provisions ofthe form
of government of the State, be constituted by letters patent or a public commission in
like manner as the other judicial officers of the State are constituted. But, when the
office of chancellor becomes vacant, the great seal is taken into custody and kept by
the governor; and when a person is appointed to fill the vacant office, he is consti-
tuted chancellor by having his appointment recorded in the council proceedings,
(Const. art. 26;) and by having the prescribed oaths of office administered to him,
by the governor, at the time of delivering to him the great seal of the State, (Fed-
ruary 1777, ch. 5, s. 2; Votes # Pro. H. Del. 14th March, 1777.) The chancellor's .
holding of a commission, therefore, must necessarily consist merely in the holding of
the great seal under the authority of his appointment as recorded in the council pro-
ceedings; and thus, in this respect, and in point of form at least, it differs from all
other commissions spoken of in the Constitution