676 THE CHANCELLOR'S CASE.

clear; and one, which has been continually acted upon and is well
established.

Tenth, That the act of 1798, ch. 86, by referring to all those
antecedent acts and laws which recognise this distinction, between
the amount, the duration, and the appropriation for the payment of
a salary, is manifestly predicated upon it. And, therefore, it was
clearly understood and intended, that it would and should be con-
tinued in full force, as to the amount of the salary, by operation
of the Declaration of Rights; and, that the appropriation for pay-
ment only would require to be continued or provided for in the
same, or in some other way.

Eleventh, That on the discontinuing or suffering the act of 1798,
ch. 86, to expire, the virtual revival of the act of 1792, ch. 76,
would not follow, as a necessary consequence, even according to
the common law, much less according to the constitution.

Twelfth, That the appropriation or provision for the payment of
the chancellor's salary, made by the act of 1792, ch. 76, having
been repealed by a perpetual law, even if all other parts of it were
permitted virtually to revive, no salary could be now paid to the
chancellor under it.

Thirteenth, That the legislature are under a moral, a religious,
and a constitutional obligation to make a regular appropriation,
either general or special, for the payment of the chancellor's
salary, as designated by the act of 1798, ch. 86.

Fourteenth, That the harmony of the constitution would be
destroyed, by withholding or diminishing the chancellor's salary;
the three departments brought into collision; and the Delegates
would finally became triumphant over all.

Fifteenth, That the appointing power might be virtually annihi-
lated, by this mode of withholding or diminishing the salary of the
chancellor, or a judge.

From all which, it clearly follows, that the present chancellor
was, and is now constitutionally and legally entitled to ask,
demand, and receive of the State of Maryland, a salary of twelve
hundred and seventy-five pounds, current money, during the con-
tinuance of his commission

Under this firm conviction, after the sixteenth day of May last,
when the first quarter of his salary became due, after the end of the
last session of the General Assembly, the chancellor drew a draft,
for eight hundred and fifty dollars, the amount thereof, on the
treasurer of the Western Shore, in favour of the cashier of the