The New Hampshire Gazette And Historical Chronicle

BOSTON, February 17.

Tuesday last the Superior Court, Court of Assize & General Goal Delivery was opened here: The Hon. Judge Trowbridge, in the Absence of the Chief-Justice, having given the Charge to the Grand Jury, the said Court was adjourned to Tuesday next.

Tuesday Afternoon his Excellency the Governor was pleased to send the following Message to the Honorable House of Representatives, viz.

Gentlemen of the House of Representatives,

The Secretary has presented to me a written Paper purporting notice of the Superior Court, for receiving and for having declared a Remonstrance against Peter Oliver, Esq; Chief Justice, that he will continue to receive the Salary which has been granted to him by the King, thereupon praying in the Words following,

"That your Excellency and Honors would be pleased to order,
"that the said Peter Oliver, Esq; be not suffered any longer to
"sit and act in his Office of Chief Justice, and that he be forthwith
"and without Delay removed from said Court."

This Remonstrance the Speaker who has signed the same in the Name & by Order of the House, directed the Secretary to deliver to me.

Considering that some Expressions in your Remonstrance carry another Aspect, it may be necessary to observe to you that the Council, except when they are considered in their Legislative Capacity, or as a Court for the Probate of Wills and granting Administration, and for determining Cases of Marriage and Divorce, are by the Constitution to be advising and assisting to the Governor, and do not make one Court or Judiciary Body with the Governor: but the Governor is considered as an integral Part and has Authority from time to time at his Discretion to assemble and call the Council together. Anything in your Remonstrance which has a contrary Aspect may have proceeded from Inadvertence.

There are other Parts of your Remonstrance which appear to me very exceptionable, but I choose to avoid all Controversy with you except it shall be my indispensable Duty.

I think it proper to acquaint you that his Majesty having been pleased to direct Warrants to be prepared for the payment of Salaries to the Chief Justice and to the other Justices of the Superior Court, I received, as Governor of the Province, the earliest Notice of this Declaration of his Majesty's Pleasure, in order as I conceive that, as far as might appertain to me, I should conform thereto.

If I should comply with your Request or take any Steps in order to the Removal of the Chief Justice from his Place, merely for receiving what is thus granted him by the King, I should make myself chargeable with counteracting his Majesty and endeavouring to defeat his Royal Intentions expressly signified to me, with a Contempt of his Royal Authority, & with a Breach of the Trust reposed in me by my Commission, & I should fear some Mark of his Royal Displeasure. I am therefore in Duty to the King obliged to decline your Request.

I will by the first Opportunity transmit a Copy of your Remonstrance to be laid before the King, and I shall conform to such further Signification of his Majesty's Pleasure as I may hereafter receive.

T. HUTCHINSON.

Province-House, 15th Feb. 1774.