THE CHANCELLOR'S CASE. 675

chancellor's salary at pleasure, which was opposed by the Senate,
as far as it was in their power; on the ground, that it could not be,
in any manner, constitutionally diminished during the continuance
of his commission.

Second, That the provision, requiring the salaries of the chan-
cellor and judges to be secured to them during the continuance of
their commissions, was suggested to the American people by the
great national controversy, which terminated in their independence,
as a necessary safeguard of their rights; and, after more than ten
years consideration, was carefully inserted in the Declaration of
Rights of Maryland.

Third, That the thirtieth article of the Declaration of Rights is,
in every particular, clear and unambiguous; in all respects much
more so than the corresponding English statute of the year 1700;
and this article positively obliges the legislature to give a salary to
the chancellor, and to secure it to him during the continuance of
his commission, without diminution.

Fourth, That, owing to the revolutionary war, and the pecuniary
and fiscal embarrassments of the State, during the first nine years
after the establishment of the Republic, no salaries, of any kind,
could be regularly paid; and, therefore, no salary was constitu-
tionally secured to the chancellor during that time.

Fifth, That, during that time, the General Assembly repeatedly
and solemnly alleged the inability of the State, as the sole and only
reason why they did not secure to the chancellor a salary as they
were required to do by the constitution.

Sixth, That the chancellor's salary, from the November session
of 1785, to December session 1824, has been several times added
to and increased; but never, in the least, or in any way, dimin-
ished, or attempted to be diminished.

Seventh, That the distinction between the constitutional salary
of the chancellor, and the compensation, which was, for many
years, given to him as judge of the land office, is clear; and one,
that has been always well understood. The one must be, and is
secured during the continuance of his commission; but the other
had been given during the pleasure of the legislature.

Eighth, That the act of 1798, ch. 86, is not an ordinary act of legis-
lation; but, is one which must be controlled, and is continued by force
and operation of the thirtieth article of the Declaration of Rights.

Ninth, That the distinction between the amount, the duration,
and the appropriation for the payment of the chancellor's salary is