Documentary History of the State of New York, Vol. IV
Governor expressed much obligation to him for undertaking his cause after other counsel had declined, through fear of Governor Monckton's displeasure, for the latter was in reality the plaintiff as well as the Judge, the suit being for fees and before the Governor as Chancellor. He was also the attorney and counsel of Trinity Church, New York, in the suits against the intruders on that part of their' property called the King's Farm, so noted in the revived claims of the numerous descendants of Aneke Janse. His briefs and written arguments in such cases show a depth of legal learning that would not disparage him in comparison with the most distinguished members of the modern bar. In the case of Forsey vs. Cunningham, he was consulted and gave his opinion against Lt. Governor Colden's construction of his commission and instructions. Colden was then administering the Government, and Mr. Duane was no more biassed by that circumstance than he was in Colden's own case, when Monckton was Governor. In beth cases we see that fearlessness of governmental authority, which, a few years later, led him to risk his life and estate in the war for our Independence.
In the various. contests for seats in the Colonial Assembly which took place after each general election, Mr. Duane was very frequently employed by one party or the other. In the noted case-between John Morrin Scott and James Jauncey, in
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HON. JAMES DUANE. 1067
1768, Mr. Duane was employed by Jauncey, and successfully defended him.