Marshal … to summon Alexander Riley, Esq., to attend at his chambers, as a member of the said Supreme Court; and further, that the said Jeffery Hart Bent, Esq., since and after a public notification that the members of the said Supreme Court were discharged from all further duty in that respect, has also presumed … to issue other process, directing the Coroner of this territory to attach and have the body of William Gore, Esq., the Provost-Marshal … before the Supreme Court.
"His Excellency the Governor, in consideration of the circumstances of the authorities with which he is invested, and of the positive directions of His Majesty's Government, … can no longer feel himself justified in forbearing to notify and put in force the commands of His Royal Highness and His Majesty's Ministers with regard to the removal of the said Jeffery Hart Bent, Esq., as Judge of the Supreme Court in and Magistrate of this territory. And His Excellency the Governor does hereby accordingly declare order and make known that the said Jeffery Hart Bent, Esq., is positively and absolutely removed from the said appointment, and has no authority or jurisdiction whatever in this territory or its dependencies with regard to or by virtue of the same."[1]
Bent protested against his removal and also against the publication of the Order without communication with him, which under the circumstances was sheer insolence. He claimed that his authority could not be legally "determined till the arrival of a new judge," or by his exercise "of that liberty which has been given me of returning whenever it may suit my convenience".[2]
There was, however, not the least doubt that the Governor was acting within his rights, and his justification was quite complete. Bent had of course to acquiesce in his dismissal, and he left the Colony a few months later. His last argument with the Government took place over some detainers lodged against
- ↑ G.G.O., 14th December, 1816. There is a great deal more of the Order, which is written in very involved and redundant language, as all Wylde's Orders were. It was not only inserted in the Gazette but also placarded about the town. See Bent's letter below.
- ↑ See his Evidence, C. on G., 1819. This liberty had been given in the letter recalling him.
