New York weekly journal; Zenger, John Peter, 1697-1746
That old bugbear of Colonial governors, trouble with the Assembly, was
not in question. Unlike many men better than himself, Cosby got along
very well with his legislature, his differences with it being hardly
more than the inevitable friction created by two forces in contact and
working toward ends that did not always coincide. The harmony was
striking because he insulted the Assembly after it had voted him a
present for his opposition to the sugar bill: the sum did not satisfy
him, and he snarled to Lewis Morris, “Damn them, why did they not add
shillings and pence? Do they think that I came from England for money?
I’ll make them know better.”[3]
This was a gratuitous affront, and typical of the small-minded
avaricious man who offered it, but it did not raise any political issue
that could cause a quarrel.
The quarrel began within the Governor’s Council, among the men who were
supposed to be his close intimate advisers. The predisposing condition
already existed there in the form of the Morris-Delancey feud, on the
smoldering embers of which Cosby proceeded to pour oil. From the
Council, ripples of animosity spread through the Colony, dividing the
people into two factions—the Court party of the Governor (which absorbed
the Delancey Interest), and the Popular party (formerly the Morris
Interest) of his enemies. It happened like this.
During the year that Cosby stayed on in England after his appointment,
the leadership of New York devolved on the president of the Council, the
ranking member, who happened to be a veteran of the old New Amsterdam
days named Rip Van Dam. He was a hard-headed, tight-fisted, honest
Dutchman, not very able, but extremely devoted to his duties and his
rights. During his tenure of office he was voted, and drew, the stipend
attached to it.
When Cosby finally arrived on the scene, he produced a royal decree
ordering Van Dam to divide the sum with him. Van Dam’s answer was a
shrewd reprisal. Knowing that Cosby had received many emoluments of the
governorship while in England, he suggested a division that would
include these, and he calculated that on this basis the Governor
actually owed him a substantial amount. The dictatorial proconsul
rejected the proposal with all the anger and contempt he usually
displayed when thwarted. He decided to sue.
Determined to keep the case away from a jury because of local sentiment
that favored a Colonial against a crown official, and unable to proceed
in chancery since he would be presiding as chancellor over his own suit,
Cosby hit on the idea of letting the justices of the Supreme Court
handle it as Barons of the Exchequer. He therefore named the Supreme
Court a court of equity, after which he brought suit against Van Dam.
Public-domain text, read in full here on John Shaqi.
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