1892. ] OF THE SENATE. 563

ished" during their official term. Can there be any
doubt, on anybody's mind, that the Legislature would
have been perfectly free to increase the salary of any
and every officer, under such circumstances ?

If I am right in this, and it was the intention of (he
Constitution to forbid the diminution and not the in-
crease of the salary of the Judges, thereby segregat-
ing them, as peculiar public officers from the great
body of those holding office under the Constitution,
the objection arising under the 1st section of Article
15 must fall to the ground also. I think, however, that
on its face and from its context and connection, this
last named restriction, broad as its language is, was
intended to apply only to the class of officers just
above named in the same section—that is to say, those
"whose pay or compensation is derived from fees or
moneys coming to their hands for the discharge of
their official duties. " It was intended to fix, at a
maximum of $3, 000, the salaries of those of this class,
being a very considerable number for whose pay the
Constitution did not otherwise especially provide.

Not only, in my judgment, is the purpose of leaving
the question of the increase of the salaries of the
Judges open for the Legislature to determine, made
clear by the construction and comparison of the lan-
guage used, but it is fully contenanced and supported
by public policy. If there is anything which has has
been regarded, from the commencement of our Govern-
ment, as "essential to the impartial administration of
justice and a great security to the rights and liberties
of the people, " it is "the independency and upright-
ness of Judges. " This is vigorously asserted in the
33d Article of our Declaration of Rights, and it is ac-
cordingly provided, in the same Article, that the
Judges shall not be removed except "in the manner
and for the causes provided in this Constitution. " It
would be idle to provide that Judges should not be
removed, if the Legislature or the people were left
free to coerce them into subserviency, or punish them
for their independence, by depriving them of their
means of support. It was therefore primarily essen-
tial, to provide that their salaries shall not be dimin-
ished during their continuance in office. No evi-