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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 631   View pdf image (33K)
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THE CHANCELLOR'S CASE. 631

or the circulating medium of the country had no value; or a value
continually fluctuating, and which it was impossible to ascertain,
it would be impossible to fix and secure a salary of any value to
any officer; since there was not any such money or standard by
means of which any amount in value could be ascertained and
secured. These propositions are self-evident.

The salaries of the chancellor and judges were not secured, as
required by the Declaration of Rights, until the year 1785. The
causes of their not being so constitutionally secured, before that
period, were the fluctuation and depreciation of the circulating
medium of the country: the actual poverty of the State; and the
very greatly embarrassed condition of its finances. These facts
shall be established; and it will then be shown, that the General
Assembly, themselves, referred to those circumstances as the foun-
dation of their reasons for not securing the salaries of the chancel-
lor and judges, as they were required to do by the Declaration of
Rights.

During the first nine years of the republic the salaries of the
chancellor and judges were, none of them, ascertained and
secured, according to the Declaration of Rights. They were all,
alike, settled by annual appropriations, given at the pleasure of the
legislature; at first, by mere resolutions; and then by the bill for
the payment of the civil list; and their amount varied according to
the opinions of the legislature, and the circumstances of the State.
In the year 1777, soon after a chancellor was appointed, it was
directed, that a yearly salary should be paid to him at the rate of
three hundred pounds current money. For the year 1778 he was
to receive a yearly salary of seven hundred and fifty founds com-
mon money. It was declared, that for the year 1779 he should be
allowed twelve hundred and fifty pounds. For the year 1780 it
was determined, that a salary of twelve thousand five hundred
pounds per annum should be allowed the chancellor. For the
year 1781 his salary was fixed at six hundred pounds, to be paid in
Spanish milled dollars at seven shillings and sixpence each, or in
gold, or other silver in proportion, or in bills of credit at the pass-
ing value. The provision for the payment of judicial salaries,
during each of these five first years, was made simply by a resolu-
tion passed at the last session of each previous year. As a com-
pensation to the chancellor, for his services for the year 1782, he
was to be paid seven hundred and fifty pounds in bills of credit of
the last emission at par, or in wheat, at seven shillings and six-

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 631   View pdf image (33K)
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