650 THE CHANCELLOR'S CASE.

during the continuance of his commission. But, the constitution
being wholly silent as to a judge of the land office, the executive
and legislature are under no such constitutional obligation to
appoint and provide for such an officer. This was always the clear
and distinct understanding of the General Assembly.

At the session of 1785, when the legislature were about to pass
that act, which first secured to the chancellor his salary during the
continuance of his commission, it will be seen, by the before
recited message from the Delegates, that this distinction between
the chancellor's two characters was adverted to as a matter then
familiarly and well understood. For, it is evident, that their dis-
inclination to give a higher salary, at that time, arose from the
conviction, that whatever salary they should give him as chan-
cellor, must be given during the continuance of his commission,
during which period it could not be diminished or revoked; and,
being unwilling so to pledge the State, at that time, for the pay-
ment of an amount which they admitted was then reasonable,
they, gave him an addition to his salary in another character; that
is, as judge of the land office; in which form, that addition was
always subject to be renewed, reduced, or withdrawn at pleasure.
The chancellor was thus, at the session of 1785, for the first time,
separately compensated in each of his two distinct characters. By
the 27th chapter of that session, a salary was secured to him dur-
ing the continuance of his commission, as chancellor; and by the
74th chapter of the same session, he was additionally compensated
for his services, as judge of the land office, for the current year. In
the one character his salary, being secured by the Declaration of
Rights, was intangible, in the other, his compensation was renew-
able from year to year, and to any amount, at the pleasure of the
legislature.

By the act of 1785, ch. 74, the sum of two hundred pounds was
given to the chancellor, as judge of the land office, for the then
ensuing year. The sum of one hundred pounds was given to
him, in the same character, by the civil list bill of each successive
year until 1792; when his salary, as chancellor, being increased,
his compensation, as judge of the land office, was discontinued until
the year 1797; when an addition was again made to his salary of
four hundred and sixty-six dollars and fifty-seven cents, in the two-
fold character of chancellor and judge of the land office. And at
the next session of the legislature, the character of judge of the
land office was again dropped, and the whole, with a still further