THE CHANCELLOR'S CASE. 649

determination of those matters, either as judge, or as assistant of
the judge of the land office.(u)

On the revolution, although all the powers, rights, and property
of the proprietary devolved upon the State, or were abolished and
confiscated, there was no express provision in the constitution for
a judge of ike land office. But, as it would seem, it was clearly
understood, that the chancellor of the State, of course, succeeded
to, and might rightfully exercise all the power and authority of
judge of the land office, which had, at any time, belonged to the
chancellor of the proprietary government. And this additional
capacity and character, of the chancellor of this State, was dis-
tinctly recognised and confirmed by the act of November, 1781,
ch. 20, s. 6. The chancellor of Maryland is then, by virtue of his
office, judge of the land office; and, as such, he is invested with
jurisdiction to hear and determine all cases, as to the equitable
right, or incipient title acquired under warrants and certificates of
survey, which may become the subject of contest in the land office.
This jurisdiction of the chancellor, at first, extended over the
whole State; but, by the act of 1795, ch. 61, s. 5, a judge of the
land office, for the Eastern Shore, was directed to be appointed;
who was clothed with all the original jurisdiction exercised by the
chancellor on that shore; reserving, however, an appeal to the
chancellor. And, by the act of 1795, ch. 70, it was declared,
" that the judge of the land office for the Eastern Shore should
receive a salary of one hundred and fifty pounds per annum, during
his continuance in office ;" which salary has been regularly paid to
that officer ever since.

Thus, it is obvious, that the two offices and functions of chan-
cellor, and judge of the land office, have long been united in, and
exercised by the same individual. The provision of the Declara-
tion of Rights, relative to the independency and uprightness of
judicial officers, speaks only of the chancellor; of his holding a
commission during good behaviour; and- of his salary being
secured to him during the continuance of his commission. But,
his other character, of judge of the land office, is no where noticed
in the Declaration of Rights or Constitution, in any manner what-
ever. The office of chancellor, having been created by the consti-
tution, the executive is bound to appoint a chancellor; and tike
legislature is, in like manner, bound to secure to him a salary

(u) Cunningham v. Browning, ante 299.

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