146 Journal and Correspondence.

April 24
Liber C. B.
No. 24
p. 268

six shillings and eight pence — James McCray ten Pounds, sixteen
shillings and eight pence — Michael Moser five pounds, sixteen shil-
lings and eight pence and Hezekiah Murphy ten pounds, five shillings
of the same Emission due them per Accounts passed. —
That the said Treasurer pay to Edward Sprigg one hundred and
seventy one Pounds and ten pence and John Ridout and Benjamin
Ogle Esq^r one thousand three hundred and sixty four Pounds, nine
shillings and three farthings specie agreeable to the "Act to adjust
the Debts, due from this State " per Certificates adjusted and
passed. —

April 24
Liber No. 78
p. 343

[Council to Honble Intendant.]

It is said, the Men whose Names are on the enclosed List, engaged
in the Regular Service, but the Time of their engaging is not ascer-
tained. The regular Way, we think, of setling the Accounts of the
nine Months Men, who enlisted before their Term of Service ex-
pired, would be, to pay them as Militia Men for that Time; but we
know not whether this Rule is observed. Would it not be proper to
enquire of General Smallwood whether, in such Cases, their Pay as
Regulars, commences at the Time of enlisting, or at the End of the
nine Months the Men engaged to serve as Militia ? And after being
satisfied in this Point, we do not conceive we should be justifiable in
ordering Payment on the Account as it now stands, as there are no
proper Vouchers that any Persons, but those to whom the Money is
due has a Right to receive it.

Ibid.

[Council to General Smallwood]

We have not, nor do we mean to consider the Suit brought by
Randall; that is before a proper Judicature and will be legally dis-
cussed and determined, and the Damages given, if the Action is sup-
ported proportionate to the Injury, and the Nature of it. It does

p. 344

not appear to us to be necessary, in a Case so plain and self evident,
to point out any particular Law from whence we derive a Power to
interfere and afford Redress to an injured Citizen, where he is op-
pressed by the Military. Such a Power must be lodged somwhere,
and we know of no other Jurisdiction which can, in a summary Way,
determine such a Case between the State and the Subject, and grant
immediate Relief, when a palpable Injury has been committed. The
Executiue have always, in the last Resort, superintended the Re-
cruiting Service and exercised the Power of discharging or Retaining
Recruits, according to the Circumstances disclosed to them; and we
conceive, the Law giving you a Power to superintend that Service,
could not nor was intended to prevent our Interference in the accus-
tomed Manner. If we have assumed a Power, or exercised it im-
properly, we cannot be responsible to any Individual, and we are
fully convinced our Interposition in this and similar Cases, will not