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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 676   View pdf image (33K)
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THE CHANCELLOR'S CASE. 677

Farmers Bank of Maryland, in the same manner in which he had
obtained payment of the previous quarter of his salary. This draft
the treasurer refused to pay; giving for answer, that " as the Gene-
ml Assembly) at its last session, refused to continue the law of
1798, or the act of 1797, which gam to the chancellor an increase
of salary', I am not authorized to pay this order; or, on account of
his salary, more than is allowed by the act of 1792, to wit;—at the
rate of ,£950 per annum." From which it appears, that the trea-
surer either construed the law for himself, or followed that which
he supposed to be the construction given to the law and the con-
stitution by the House of Delegates. After the 16th day of August
last, the chancellor drew another draft, in the same manner, for the
payment of the quarter of his salary, which became due on that
day, which was, in like manner, rejected. And, after the 16th day
of November last, the chancellor had a third draft presented to the
treasurer, for a third quarter of his salary, which had then become
due, the payment of which was refused, in the same manner, and
for the same reasons.

To have accepted the amount, which the treasurer proposed to
pay, under the act of 1792, ch. 76, would have been a total aban-
donment of the ground taken by the Senate; and it might have
been construed into a clear admission by the chancellor, that the
House of Delegates, or the legislature could, constitutionally,
diminish the chancellor's salary at their pleasure. Such an aban-
donment he could not make—and he felt himself forbidden from
making any such admissions. He deemed it a sacred respect he
owed to the Senate, a co-ordinate branch of the " trustees of the
public," not to abandon the ground they had taken in his behalf;
and, he held it to be a proper regard to himself, and a solemn duty
he owed to the constitution, not to make any such admissions; or
to suffer any act of his to influence or embarrass the consideration
or determination of this, the most important question, that has
ever yet been presented to the General Assembly of Maryland.

It is not in chancery as at common law, where the court's docket
exhibits a complete list, and a full account of all its business. A
court of chancery does not, like a court of law;| move forward all
its business from term to term, from stage to stage, and periodi-
cally; it is continually open; always accessible; and may be, at
any time, engaged in business; it has no recesses no resting
places. There are many cases in chancery, which, although soon
brought to a termination, in relation to the immediate object for
which they were instituted; yet, as to other purposes may be

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 676   View pdf image (33K)
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