HISTORY OF THE CITY OF NEW YORK.
 

CHAPTER    XXV.
 

GOVERNOR COSBY.

BY. — Kip Van Dam. — Exciting Law-Suit. — Opinion of Chief Jus¬
tice MoRBis.—The Council.—The Judges.—The Removal of Chief Justice
Morris.—James De Lancey appointed Chief Justice.—Courtesy to Foreign
Visitors. — Lord Fitzroy, — A little Romance. — Marriage of Grace Cosby. —
Taxes. — Fashions. — Morris at the Court of England. — William Bradford. —
The new Newspaper in New York. — John Peter Zenger. — Arrest and Impris¬
onment OF Zenger. —The famous Trial. —Chief Justice De Lancey. —Andrew
Hamilton.—Definition of Libel.—Chambers's Address.—Hamilton's Argu¬
ments. — Acquittal of Zenger. — Exciting Scenes. — Paul Richards. — The City
Watch. — Cortlandt Street. — The Poor-House, — Rip Van Dam. — Cosby's
Sickness and Death. — Contest between Rip Van Dam and George Clarke,—
George Clarke Lieutenant-Governor of New York. — Mrs. Clarke. — Lewis
Morris Governor of New Jeksey. — Social Life in New York. — The Election
OF 1737.

GOVEENOE COSBY and President Van Dam were arrayed squarely
against each other, and neither seemed disposed to abate in the
slightest particular from his position. The govemor proceeded to insti¬
tute legal proceedings against Van Dam. As the matter was one of ac¬
count, and cognizable only in a court of equity, an action could not be
brought in the Supreme Court, which was one of law. The governor was
shut out from the Chancery because he was ChanceUor ex o£lcio, and of
course could not hear his own cause. He therefore proceeded before the
justices of the Supreme Court as Barons of the Exchequer. This court,
as weU as the Chancery, was extremely unpopidar.

As soon as the bUl was filed against Van Dam, he determined to
institute a suit at common law against the governor. This was overruled
in such a manner that Van Dam found himself compelled to a defense
before the judges in equity. The occurrences were of such an exciting
character that the whole community was interested. Van Dam was a.
popular man, and his singular situation elicited warm sympathy.
1733. jj.^ counsel were William Smith (the father ,of the historian)
and  James  Alexander, both  eminent lawyers.    They excepted to the