630 THE CHANCELLOR'S CASE.

been made on a strong assurance of peace. The signature of the
preliminary treaty of peace was not formally announced to the
legislature until the 8th day of May, 1783.(n)

The independence and freedom of Maryland were thus finally
recognized and established; but the State was left in debt, and in
poverty. We commenced a new era, with a new set of political
institutions, founded on principles original in themselves, or never
before so connected and tried. The several public functionaries
were called to their respective stations; and the constitutional
principles and restrictions, applicable to each, began to operate.
Maryland, with her confederates, then, but not until then, set out
upon that career of prosperity to which there is no parallel among
the nations of the earth.

Hence it appears, that our government was not brought forth at
once, complete in all its parts; that it was not the work of one
election, of one, or of two sessions; of one or two years; but,
that it was created and established by parts, as times, means, and
circumstances would allow. But, the matter, now under consider-
ation, does not involve an inquiry into the manner in which all
the several parts, and provisions of our constitution were put into
operation. The present subject necessarily carries our investiga-
tions no further than to the judiciary; and to but one single ques-
tion relative to that department; that is, when and how those judi-
cial salaries were ascertained and settled, which are required by
the Declaration of Rights to be secured to the chancellor and to
the judges during the continuance of their commissions.

A salary is a compensation for services rendered; it is the peri-
odical payment of a certain value, in money, for work and labour
done. The provision of the Declaration of Rights, which com-
mands the legislature to secure to the chancellor and judges their
salaries, must have been predicated upon the capacity of the State
to effect the security required. If no revenue could be raised, in
money) no salary could be paid in money. And, if the money,

(n) The battle of Camden was fought on the 16th of August 1780; and the British
army was captured at Yorktown on the 19th of October 1781. (2 Ram. His. U. S.
849 & 454; See the Votes and Proceedings of the House of Delegates of the 3d of Jan-
uary, the 2d February, and the 28th, 29th, and 30th of May, and the 9th of June of the
year 1781; the 15th of May 1782; and the 8th of May 1783; with the acts of May 1781,
th. 1,5,12 and 13, and November 1781, ch. 5.) The necessity of immediately reinforc-
ing the army and filling its ranks seems to have been deemed so urgent, that the
acceptance of able bodied slaves as recruits was authorized with the consent of the
owner.—(October 1780, ch. 43, s. 4; 2 Life J. Jay, 31.)