THE CHANCELLOR'S CASE. 639

ment, no influence over them would be more dangerous than that of
the legislature, arising from the hope ofincreasing, or the apprehen-
sion of decreasing salaries; an influence of this kind would ham a
tendency to introduce the greatest evil in government, an accumula-
tion and union in the same persons, of the legislative and judicial
powers, so wisely and expressly proscribed by our Constitution,

" The perplexities and confusion of the times may apologize in
some degree, for past inadvertency; for we are convinced, a delibe-
rate violation of the Declaration of Rights was never intended by
the legislature in any point, much less in one so essential. How-
ever, as the enemy hath some time since changed an offensive into
a defensive war on this continent, as now a regular and effectual
administration of law and justice hath taken place amongst us, it
is become the duty of the General Assembly to establish perma-
nent salaries, and to secure a punctual and full payment of them
to the judges.

" We therefore deem it both expedient and necessary that a bill,
distinct from the civil list bill, should originate in your House for
that purpose; such a bill will meet with our ready concurrence;
provided, that the salaries of the judges be liberal, compared with
the present exigencies of the State; for what might now be
esteemed liberal under those exigencies, may not appear so hereaf-
ter, when, from a happy change of circumstances, the resources
of the people shall be greater than at present. In this point of
view, we consider the salaries settled on the judges by the present
bill, as sufficiently liberal.

" If on a revision of the subjects of this message, your ideas
should coincide with ours, as to the quantum of the salaries pro-
pdsed by us to be altered, and settled annually on all the other
civil officers of government, except the judges, a bill originated by
you for that purpose will have our ready assent."

To this message from the Senate, the Delegates on the 12th of
January, 1783, sent the following answer: " May it please your
honours, We cannot but consider the bill for the payment of the
civil list as a money bill, and therefore subject to no amendment
by your honours. By a rule of this House, before any person is
named to any office or appointment, to which any salary or allow-
ance is annexed, the allowance or salary is first ascertained. The
reason of this provision is obvious, to prevent any opinion that the
salary is given to the person and not to the office, and the choice
of the officer removes all suspicion of partiality or prejudice. We