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History of Westchester County, New York — Passage 115 (part 2)

Frederic Shonnard & W.W. Spooner (1900) 167 words View original →

[Frederic Shonnard & W.W. Spooner (1900)] It is related in Governor Cosby 's official letter to the home government concerning Morris's famous decision that Jus-tice Philipse, in common with Justice de Lancey, heard k' with aston-ishment " the abrupt declaration by the chief justice that the Court of Chancery was not a legal tribunal; and this no doubt was a quite faithful representation of his mental attitude on that trying occa-sion. Whatever may be thought of the conduct of the ambitious de Lancey, Philipse's action was unmistakably ingenuous. It probably never occurred to him to doubt the perfect regularity and sufficiency of a court which had been set over the people at the discretion of the king's governor and his advisers. Philipse's career on the bench, excepting in this single case, was uneventful and wholly acceptable. After the Van Dam decision the Supreme Court was dominated by the individuality of de Lancey, as it had previously been by that of Morris, and the function of a second judge was not an onerous one.