THE CHANCELLOR'S CASE. 663

the judges of the six judicial districts of this State." The pre-
amble of which recites, that " whereas by the thirtieth section of
the Declaration of Rights it is declared, that salaries liberal, but
not profuse, ought to be secured to the judges during the continu-
ance of their commissions." Hence, it appears, that the very same
legislative body, who ratified that alteration of the constitution by
which the present judicial system was established, gives us dis-
tinctly to understand, that no alteration whatever was made as to
the security', or duration of judicial salaries; since they refer to the
original article of the Declaration of Rights, as the foundation of
that security and duration. And they thus, implicitly, but strongly,
give us to understand, that they chose rather to recur to first prin-
ciples, and to rest judicial independency upon the more broad and
firmly established doctrine of 1776, than upon any provision con-
tained in the amendment they had so recently adopted; and by
which it was declared, that " the salaries of the said judges shall
not be diminished during the period of their continuance in office,'1
But it is remarkable, that in the enacting clauses of this act, there
is not one syllable, indicating, in any way, either the security, or
the duration of the salaries given. In the first clause, the annual
amount only, and nothing more, is specified. Aftet which, in a
separate clause, it is declared, that " the treasurer of the Western
Shore shall be and he is hereby authorized and directed, to pay
quarterly, out of any unappropriated money which may be in the
treasury, to each of the said chief judges and to each of the said -
associate judges, or his order, the salary which he is entitled to
receive by law."

The sense and understanding of the legislature, as expressed by
this act, deserve particular attentiqn. By the preamble which may
sometipes be called in to clear away an ambiguity, but cannot in
any case be allowed to control the enacting clauses of a law; the
section of the Declaration of Rights, in obedience to which the
act was made, is referred to in general terms; but, the enacting
clauses of the law use none of its expressions, nor do they adopt
or deny any of its principles. The act merely designates the
amount of the salaries;,and then makes a general appropriation
out of which the treasurer of the Western Shore is directed to pay
quarterly. Whence, then, is derived the security, and specific
duration of these judicial salaries ? The preamble of this act cor-
rectly recites the sense and substance of what is required by the
Declaration of Rights; but, it does not itself require, command,