Council of Maryland, 1782-1783. 423

the Subject and the limited Powers we possess We conceive the Ap-
plication in the first Instance must be to the General Assembly. The
Constitution no where entrusts the Executive with Authority to re-
dress the Complaints and Grievances of our Citizens. The Governor
and Council indeed may remove or suspend particular Officers and
the Governor may grant Pardons and Reprieves but all the other
Powers of Magistracy which our Constitution suffers to be exer-
cised belong solely to the judicial Department.

It appearing from the Memorial, that the Injury complained of
was done by a Subject of the French Nation and therefore the Re-
dress sought for as a Matter of Right can only be obtained by a
National Interference. It is true the Subject of our Nation when
injured by the Subject of another naturally applies to the Executive
of his own Country for the means of Satisfaction but this we pre-
sume is proper only where such Executive is invested with Powers
to Demand reparation and to enforce it by War or Reprisals on a
Refusal. The Prerogative of making War or granting Reprisals
does not belong to Us nor indeed does the Power belong to the Leg-
islative Authority itself : it is lodged by the Confederation of the
States solely with Congress. They are the Supreme Executive in
Matters of War and Peace and they are competent to the Subject of
the Memorial. —

May 27
Liber No. 78
p. 442

The Delegates to Congress are not of our Appointment nor Sub-
ject to our Removal or Suspension, nor does the Constitution em-
power us in any one single Case to instruct them on any One Sub-
ject : We could not therefore with any Propriety forward the Memo-
rial to them with Commands to lay the Same before Congress, and
to insist on a National Demand of Satisfaction: this we apprehend
can only be done Constitutionally by the General Assembly, therefore
we humbly submit the Memorialists and their Case to y [our] Justice
and Wisdom. —

p. 443

Wednesday 28^th May 1783

Present His Excellency the Governor
Benj. Stoddert, Gabriel Duvall, James Brice and John H. Stone
Esquires
Ordered that the western shore Treasurer pay to William Roland
Esq^r five pounds, ten shillings specie agreeable to the "Act to adjust
the Debts due from this State " per Account passed. —

May 28
Liber C. B.
No. 24
p. 421

[W^m Paca in Council to Doct^r Philip Thomas.]

Be pleased to order to be delivered to Capt Chapline 1/4 Ct. pounds
of Powder and half as much lead to enable him to restore the like
Quantity, borrowed from the Citizens on a sudden Emergency.

May 28
Liber No. 78
p. 443