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.

The appointment was made under the usual clause in the Governor's commissions, which authorized them to "constitute

1 Bolton's Hist. of Westchester; IT., 807. 2 Cosby's Letter, dated May 8d,.1738, in Lond. Doc.: XXIYV., 232. 8 His. Comn. is recorded in Book of Comns., III., 272 in Sec. of State's

Office, Albany. 66

1042 MEMOIR OF THE

and appoint judges." A-power which they exercised independently of the council, and not with its "advice and consent," as in the erection of courts and the exercise of a few other powers. ?

About two years afterwards came on before the Supreme Court the famous trial of John Peter Zenger for a series of libels on the Governor and chief officers of the colony. He was a printer

-by trade; in arrears to a small amount as collector of taxes in the city,and the Assembly had refused to allow him to discharge the small debt by doing public printing enough to cover it.?

He subsequently published a small paper entitled the New York Weekly Journal, at the instance of the opposition, in which the libels complained of were published. His counsel were James Alexander and Wm. Smith the elder, the supposed authors of the libels, two gentlemen of ability and intellect, both politically opposed to Chief Justice De Lancey.