You cannot but have observed, the Egregious Weakness,
as well as the Extravagant Byass (Instances of both which
might be mentioned in other cases than here) against his
Lordships rights, of the Provincial Bench, the supreme original
court of Law in this Province; tho' were I acquainted with the
persons of whom it is composed, (I mean of such who can &
do attend) I might cease to wonder at their weakness, tho'
not be able to account for their preposterous Byass; The
Members are, 3 county clerks (Holding their comissions as
they imagine during good behaviour in those offices & so
independant of the Goverment & courting popularity) one
of whom is Chief Justice, one of the Judges of the Land
office, two Members of the Council (Wm Goldsborough and
Jenkins Henry, both able Men & I think well disposed) either
of whom can rarely from their great distance & Infirmities,
attend, And three other private Men to whom I learn are
extreamely weak; making Nine in all; This number is easily
conceived to be to learge, it is more than double the number
of any of the Courts in Westminster Hall, which never exceed
four Judges; nor is there the least occasion for the Provincial
Number, since they have no business to do out of the court
but what two county Magistrates (who swarm in every county)
can do as well as themselves; And in court, the Decision of 5
will be generally more Just than if they were 50; It being
more easy to collect together the small number of five who
may be all Men of understanding & more free from Taints of
popularity & other prejudices than a Larger number; And as
it has been prudent to come to the Resolution (which Resolu-
tion ought to be fixed) of dividing no more counties in this
Province, because every Division by increasing the Number
of Delegates, increases the number of opponents to the Gov-
erment, the same reason will hold good in the Provincial
Court, since by every addition to their number you hazard
the Introduction of some who are either weak or wicked ;
Whence too, it is pretty clear that the smaller their number,
the greater probability there will be of admitting only such as
may be deserving of this great trust I would therefore humbly
recommend a Reduction of the present number to five; for I
think the number ought to be odd, to avoid the inconven-
iences of an Equal Division between them in point of Judge-
ment; And to do this in a manner the most salutary both to
his Lordships rights, & to the Honour & Dignity of the
Goverment, I would humbly propose the leaving out the
three county clerks at once; for considering the Provin-
cial Court as the Supreme Court of Law in this Prov-
ince, it is obvious, that it ought to keep clear both from
contempt in itself, & from reflecting any to that Goverment
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Original.
Calvert
Papers.
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