Original.
Calvert
Papers.
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comissions; The two Gentlemen already remarked for their
Weakness should they not continue there, there will then
remain only one of the Judges of the Land office (who is not
of the Council) & the other private Gentleman; the former of
these from the office he holds I think may be depended upon
& the other who having been many years a county Magistrate
(& as I am informed) an old & steady friend to the Gover-
ment, & besides, a Man of good understanding & entirely
free, said from any Popular Taint, was worthily removed about
three years ago from the county to the Provincial Bench,
where it may be presumed it will be thought proper to con-
tinue him; And thus, there will be three wanting to make up
the number 5. There may it is true, be some difficulty in
filling these three seats as they ought to be, but it is far from
being impossible; The first thought is to keep clear from
persons, that are of Impenetrable Ignorance, & the silly affec-
tation of popularity & unaccountable prejudice against his
Lordships Rights, which have for some years past been too
predominant there; And it is Evident that it is much easier to
provide and secure three out of five, than five out of Nine
2ly a Sound Lawyer ought by all means to fill that chair
3ly To induce persons well qualified for such an important
service as a Judge, who must have & be furnished Judicaly in
the points of Law to sit in a Court of Judicature for Trying
causes especially of real property; The temptation of accept-
ance is Rewards; not only the renown by just Decission 'but
also by Reward in Money; The latter in Life is by all States
allowed as a Noun Substantive & the Executive Means of
Goverment & protection of a Civil State; Of this Latter
Reward, Maryland by what I learn has been & is most absurd
with regard of Proffit to the Judges of the Provinl Court of
Judicature the Supreme Court of Law concerning property the
Decissions thereof; Yeilding hardly a recompence & there-
fore furnished with Judges Mean & of no acquired Abilities;
the Direful Event of Ignorance or corrupt Judgement; As
addition of recompence to gain Men of Stability, with submis-
sion is proposed, their succession from that Bench to the
Council, it is regular from thence being to the Court of
Appeals; And all Necessary Reward ought to be contrived &
bestowed till their arrival there, & this to themselves, sons or
Relations & this invioble complyed with, would fill the
Judgement seat at the Provinl Courts with able & singular
Just Men.
I have now done with the Important points of this long
Epistle; and hope if this Plan or one something like this is
laid down Inviolably adheard to & Speedily put in Excecution,
the Goverment will not only be carried on with Ease & quiet
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