THE CHANCELLOR'S CASE.—1 BLAND. 613

"by the Act of 1800, ch. 87, continued to the 30th of October, 1805,
and the next session of Assembly thereafter; and has been con-
tinued from time to time since, until the 26th day of February,
1825;—which express limitation, and reiterated continuances do,
in the most positive and distinct manner, exclude every thing like
a perpetual character from this Act, in every manner and form
whatever.

If this Act related to the salary of the State's agent; the Adju-
tant-General; or any other salary, which the Legislature may give
or take away at pleasure; or, if it related to any subject, the power
of legislating on which was restricted, in no manner whatever,
by the Constitution, then it could not be denied, that this Act
would be altogether temporary in its nature; and, unless continued
or otherwise provided for, would expire at the appointed time.
But, this Act of 1798, is in no respect a law of that description.
It relates to a salary, the security and duration of which is fixed
by the Declaration of Rights. The legislative power over the
subject of this law is, expressly and positively restricted and
limited by the Constitution;—and being an Act of this latter de-
scription, it must be construed and governed accordingly.

Respecting judicial salaries, there are three distinct positions,
which have been, long since, clearly established; and which have
grown up and become incorporated with our political system. The
first, regards the amount of such a salary; the second its duration;
and the third the appropriation, or provision for its payment. To
keep our ideas clear upon any subject, and to reason correctly, we
should carefully designate things, that differ, by appropriate names.
We think only through the medium of words; and, according to
one of the ablest and the best of the English lawyers, "the names
of things are, for avoiding confusion, diligently to be observed."
The amount; the duration; and the appropriation for the payment
of a judicial salary, are the three distinct points, which it is neces-
sary, constantly, to bear in mind, while considering this subject.
The first is partially regulated by the Constitution; the second is
specifically and exactly defined by it; and the third is at the dis-
cretion of the Legislature; subject to certain * qualifications
arising out of the constitutional provisions affecting the two 655
first points.

The Declaration of Rights directs, that a salary shall be secured
to the Chancellor. A salary is a specified annual sum of money.
The Constitution is silent as to the amount of the sum thus directed
to be secured; hence, the ascertaining and fixing that amount,
necessarily, and is expressly devolved upon the Legislature. It
belongs, exclusively to the General Assembly to say what shall be
the amount of the salary. But, along with this discretionary
power, as to the amount, the Declaration of Rights has imposed
an. obligation, not only to give a salary, but to secure it. The