During the three years of John Montgomerie’s rule, which was ended by his death, in 1731, New York enjoyed some rest, to be violently disturbed, however, by the claims of his successor. It had been usual in the royal instructions of the governor to fix the salary of the president of the council at half the amount allowed to the executive, and it was customary to provide that in the absence, resignation, or death of the governor or lieutenant-governor he should assume the reins of the government. Upon Montgomerie’s death, Rip van Dam, as eldest member of the council, became president, and then claimed the full salary of the governor, which the council, after five months’ deliberation, finally allowed. It was upon this decision that the famous Zenger libel suit of a few years later hinged. Soon after the arrival of the new governor, William Cosby, Rip van Dam was called upon (November, 1732) to restore to the treasury a moiety of the full salary, which, under the decision of the council, he had been receiving in contravention, as was claimed, of the royal instructions. On the refusal of the president to comply, the attorney-general of the province was directed to begin an action in the king’s name “to the enforcing a Due Complyance with the said Order [to refund] according to the true Intent thereof and of his Majestie’s Additional Instruction.” At the trial, the chief justice, Lewis Morris, surprised the governor, the attorney-general, and the whole aristocratic party (Van Dam and his friends representing the popular party) by informing the king’s counsel, in the first place, that the question to be discussed was one of jurisdiction, involving the right of the court to decide cases of equity; and in the second place, that he denied such jurisdiction, and in general the right of the king to establish courts of equity.[473] Jealous to maintain the royal prerogatives, Cosby removed Morris from the chief-justiceship, and put De Lancey, the second justice, in his place. Finding his efforts to be reinstated without result, and having no other means to avenge himself, Morris had recourse to the press, and in _Zenger’s New York Weekly Journal_ he attacked the governor with extreme rancor, and attempted to influence the general assembly, to which he had been elected, against the king’s authority to erect courts. Even Cosby’s death, in 1736, could not conciliate him. The attacks upon his administration continued, and Morris’s vindictiveness finally even disturbed the council and the assembly. President Clarke, who had temporarily succeeded Cosby, was deterred from arresting Van Dam, the younger Morris, Smith the historian, and Zenger the printer, to be sent to England to be tried for treason, only because the forty-fifth paragraph of the instructions required positive proof of the crime in such cases.