Council of Maryland, 1781-1782. 147

obstruct the Recruiting Service, but have a contrary Tendency.
M^r Randall's Application was not secret, but open, as other Appli-
cations are made, and was openly heard and determined. We do not
comprehend what you mean by an ex parte Hearing, we neither did
nor do consider you or Hamilton a Party; the State alone could be
interested in our Decision. We viewed you in a very different Light
from that in which you have been pleased to place yourself, and con-
sidered you as having a Right to judge of Randall's Complaint, in
the first Instance, such Judgment not conclusive, but subject to our
Revision and Controul, upon an Appeal to us. The Suit brought by
Randall against Hamilton, cannot be affected by our Determination,
and therefore he could not be injured by it, or considered as a Party.
We communicated the Testimony in our first Letter, upon which our
Request was made, and had no Doubt of your Compliance; you now
say it is not conclusive, though you once thought it sufficient, or you
would not have agreed to restore the Apprentice, on a Composition.
You observe, had M^r Randall applied first to us, and we pointed out
the Law that gave us a Power, you would with great Pleasure, have
paid Attention to our Order; can that change Randall's Right, or
does our Power depend upon the Mode in which Application for
Redress is made, and will you admit that nothing but Punctilio pre-
vents you from doing Randall Justice and restoring his Servant ? As
you have deemed it proper, by Way of elucidating this Case, to
mention an Instance in which we have, in your Apprehension, devi-
ated from Propriety; we wish you had preserved your Candour
throughout, and recapitulated the other Instances alluded to, in
which a Want of Delicacy was discovered by you. Though we feel
no Propensity to augment our Power, or stretch our authority beyond
the proper Tone, we shall without Reluctance, admit you to be a
competent Judge of the Force of your own Observations. We know
of no Criterion to ascertain and determine the Motives of Individuals,
as public Bodies but their Actions, and this we must, and are willing
to abide by, though we cannot flatter ourselves, our Conduct will, in
all Instances bear the Scrutiny of the most candid. We should not
have been thus prolix, but the Length of your Letter and the Variety
of Matter contained therein, rendered it unavoidable. We hope it
will not be necessary to enter into a more ample Discussion of this
Subject, but that it may be terminated by your discharging and re-
turning Simmonds to his Master.

April 24
Liber No. 78

p. 244

Friday 26^th April 1782

Ordered that the western shore Treasurer pay to Joseph Atwell ten
pounds, one shilling and eight pence, Matthew Navy eleven pounds
thirteen shillings and four pence, Levin Travers seventeen pounds,
eight shillings, George Bare five pounds, fifteen shillings, John
Allsop sixteen shillings and eight pence, Frederick Green two hundred

April 26
Liber C. B.
No. 24
p. 268