Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
The result of Zenger’s trial established the freedom of the press in
the colonies,[476] for it settled here the right of juries to find
a general verdict in libel cases, as was done in England by a law
of Parliament passed many years later, and it took out of the hands
of judges appointed to serve during the king’s pleasure, and not
during good behavior, as in England, the power to do mischief.[477]
It also gave a finishing blow to the Court of Exchequer, which, after
the case of Cosby _versus_ Van Dam, never again exercised an equity
jurisdiction, and it suppressed the royal prerogative in an assumed
right to establish courts without consulting the legislature. The
jurisdiction hitherto exercised by the Supreme Court as a Court of
Exchequer—that is, in all matters relating to his majesty’s lands,
rights, rents, profits, and revenues—had always been called in
question by colonial lawyers, because no act of the general assembly
countenanced it. It was, therefore, a relief to everybody in the
province when the legislature, in 1742, passed an “Act for regulating
the payment of the Quit-Rents,” which in effect, though not in name,
established on a firm basis a branch of the Supreme Court as a Court of
Exchequer. As then instituted, it passed into the courts of the state,
and was only abolished in December, 1828.
The excitement over the Zenger trial had hardly had time to subside
when Rip van Dam again disturbed the public mind by claiming,
after Cosby’s death, that he as eldest councillor was entitled to
be president of the council, and as such to be acting governor,
although he had been removed from the council by Cosby. Before the
quarrel could attain too threatening dimensions, Clarke’s commission
as lieutenant-governor happily arrived, and Van Dam’s claim was
set at rest. Clarke’s administration of the province was in the
main a satisfactory one. He had lived nearly half a century in New
York,[478] and was thoroughly conversant with its resources and its
needs, and, assisted by a good education as a lawyer, he found little
difficulty in managing the refractory assembly and in gaining most of
his important legislative points. His greatest victory was that by
certain concessions he induced the assembly of 1739 to grant again a
revenue to the king equivalent to the civil list in England, which
had been refused since 1736, but was continued during the whole of
Clarke’s administration. Although perhaps never unmindful of his own
interests, he had also the good of the province at heart, and it must
be regretted that a plan, drawn up while he was yet secretary, for
colonizing the Indian country was not fully carried out and bore no
fruits. He proposed to buy from the Iroquois about 100,000 acres of
land, the purchase money to be raised either by subscription or by
the issue of bills of credit. Every Protestant family made acquainted
with the conditions and wishing to settle was to have 200 acres at
nominal quit-rents.
Public-domain text, read in full here on John Shaqi.
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