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.

Taking advantage of the popular feeling Mr. Van Dam's counsel pleaded to the jurisdiction, but the exception after full argument was overruled by the Court, the Barons standing two to one. Judges De Lancey and Phillipse in the affirmative and Chief Justice Lewis Morris in the negative. The latter delivered a dissenting opinion, on this occasion reflecting upon Gov. Cosby, who shortly after requested a copy of it in writing. This irritated the Chief Justice, who took the unheard of course of sending « him a copy in print, with a very insulting letter,' and at the same time published both to the world. This extraordinry and insulting conduct of the highest judicial officer of the colony rendered Gov. Cosby very indignant, and he at once wrote the Duke of Newcastle, then minister, regarding the Chief Justice's conduct and urged his removal from office.2 To this letter, dated May 34, 1733, he must have received an early answer from the Duke coinciding with his views, for on the 218 of the following August, Mr. Morris was removed from office and James De Lancey was appointed Chief Justice of New York® in his stead.