640 THE CHANCELLOR'S CASE.

do not think the salaries allowed by our bill profuse or extrava-
gant, and we cannot go into a reconsideration of them without
departing from our rule, and subjecting ourselves to a censure we
would wish to avoid.

" We agree with your honours, that the salaries to the chancellor
and judges ought not to be settled by an annual regulation, but
ought to be secured to them during the continuance of their com-
missions; and, as soon as we can furnish a- permanent and perpe-
tual fund out of which their salaries can be paid, we will send you
a distinct bill for that purpose, and we hope this mil be in our power
before the expiration of the year; we have returned your honours
the bill, and hope it will meet your assent"

In reply to which the Senate, on the 14th of the same month,
sent to the Delegates the following message : " Gentlemen, We
have reconsidered and sent you the civil list bill with our assent;
you have laid us under the disagreeable necessity either of length-
ening the session for some days, at a time when every gentleman
expects to rise, or assenting to what we do not approve; we must
therefore declare to you, that we shall hereafter adhere closely to
our propositions, and have only at this time assented to the bill to
prevent the further continuance of the session, or the confusion
which would arise from leaving the civil officers without any
provision."

From these messages it clearly appears, that both branches of
the General Assembly agreed, that the salaries of the chancellor
and judges ought to be secured, and that the legislature could not
constitutionally diminish or withhold them at pleasure. But the
Delegates, it seems, could not be persuaded, that the State then
had it in its power, or could raise the funds to secure those salaries
as required by the Constitution. These messages need no comment-
Yet it will be well to recollect, that some of those, who approved
those messages, had been themselves distinguished members of
that convention which framed the Constitution.

At the November session of 1783, this subject was again taken
up, and a committee appointed by the House of Delegates; " to
consider what arrangements might be necessary and proper with
regard to the civil establishment; who reported, " that the chan-
cellor, the judges, and other officers on the civll establishment hold-
ing commissions during good behaviour, ought to be rendered inde-
pendent by having salaries annexed to continue during their continu-
ance m office," which report was concurred with. In consequence