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Correspondence of Governor Sharpe. 433
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are remarkable, nor do they want Capacity. Mr Brice whom
as he is Chief Justice I should have mentioned first, was as I
have been told appointed by Mr Ogle many years ago to pre-
vent the Court's falling, there being not Magestrates enough
present to hold it & do Business. In point of Understanding
I believe he is equal to almost any on the Bench & I suppose
rather better acquainted with the Forms of Proceedings than
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Letter Bk. IV
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any of them except those two Gentlemen of the Council who
I have already told you practiced formerly at the Bar. In
answer to what is said of the Impropriety there seems to be
in their Sitting on the Bench as Judges on Causes that maybe
afterwards removed into the Court of Appeals which by Act
of Assembly is composed of the Members of the Council, I do
not think there is much in it, because if they have given their
Opinions in the Provincial Court they may (as they always do)
decline sitting in the Court of Appeals on the same Cause; &
it may be as well said that the Lawyers who are Members of
the Council ought not to plead in the inferiour Courts because
by our Constitution they are a Part of the Court of Appeals
where the Causes they are concerned in below may possibly
come to be finally determined. The other Provincial Justices
are Mr Hepborne a Gentleman of no extraordinary Talents
nor yet uncommonly weak & I really believe that few People
in the Province are better disposed. Of Doctor Steuart who
is another of the Justices I shall say nothing (because I imagine
you are already pretty well acquainted with his Character) but
that I think his Attachment to the Ld proprietary cannot be
doubted. There is also one Colo Hall among the Provincial
Justices who is the Chief of a considerable Family of that name
in Baltimore County his Abilities likewise are of the Middle
kind & I never heard of his being disaffected to His Ldp or
his Government. Besides these there was one Mr Hands till
November last when being desirous to do him a Kindness I
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p. 123
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appointed him Sheriff of Kent County, in which it may be
also said there is some Impropriety since he is now a Minister
of an inferiour Court, but after all how can one otherwise make
such Gentlemen any Recompence, for as to the Allowance
made them by the Country it is little more than enough to
defray their Expences, Upon the whole I cannot say that I
think our Provincial Justices equal to their Office, but at the
same time I know not how the Evil is to be remedied, if such
Men are not to be got as one could wish we must be contented
with such as we can get & it would become the Lawyers
instead of holding them cheap to make Allowances for their
Want of a Regular Education & unless the Judges Conduct
on other Occasions affords Room to think that they are partial
or ill disposed Common Charity would incline one to attribute
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p. 124
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