Upon the death of Montgomerie in July 1731, Rip Van Dam, the eldest councillor, succeeded to the command and retained it till August 24, 1732, when Col William Cosby, the new Governor, arrived and took the reins of government. The great dispute concerning the salary soon after arose between them, Van Dam having received the whole, and Mr. Cosby producing an order in Council, dated May 315t, 1732, and given to him in England soon after his appointment, directing its equal division between them. Mr. Van Dam would agree to this if Mr. Cosby would also divide 'certain funds which he alleged came to his hands in England The Governor declined this proposal, as the order referred only to the salary given by the eolony and the perquisites arising from the granting of lands within its limits.

1 Jones' Mss. Hist. of N.Y. 2 Will Book XIV., 91, N. Y. Surrogate's office.

HON. JAMES DE LANCEY. 1041

Van Dam then refused to pay over any thing and claimed a balance as due to himself. The Governor was thus compelled either to institute legal proceedings or give up his claim. Being a matter of account and therefore cognizable only in a court of Equity, an action could not be brought in the Supreme Court which was a court of Law. Being Chancellor ex officio the Governor was shut out from the Chancery as he could not of course hear his own cause. He proceeded therefore before the - Judges of the Supreme Court as Barons of the Exchequer. This Court which had sat occasionally before, and the Chancery were however extremely unpopular, owing to a strange but inveterate prejudice against Courts of Equity which very early seized the people of New York.