Dinner at Rip Van Dam's
But Van Dam would not part with his money, and the people sided with him, for they had long been weary of governors who looked upon the colony simply as a means to repair their fortunes. Cosby was determined to get the money, so he sued Van Dam. This suit was conducted in a court where there were three judges, and two of them were friends of Cosby. One of them was James De Lancey, a son of that Stephen De Lancey who had given the clock to the city. The Chief-Justice was still Lewis Morris, who had been appointed by Governor Hunter. So with two judges, friends of the Governor, he won his suit, and Van Dam was ordered to pay him half his salary.
More than this, Chief-Justice Morris, who had disagreed with the other two judges, was removed from office, and James De Lancey became Chief-Justice.
The mass of the people disapproved of these doings, and there were murmurs of discontent. But the Governor had his money, and had made his friend Chief-Justice, and was running matters pretty much his own way, so he was satisfied.
There was still only one paper, the New York Gazette, published by William Bradford. As Bradford was the Government printer, it was quite natural that he should side with Cosby. But just at this time another paper came into existence, a rival to the Gazette, which took up the people's cause. This was the New York Weekly Journal, published by Peter Zenger, who had been one of Bradford's workmen. Each week it was filled with articles assailing Cosby, and all who were in sympathy with him. Very soon Zenger was arrested, charged with publishing libels against the city officials and the King. He was locked up in one of the cells in the City Hall.
The friends of Zenger secretly secured the services of Andrew Hamilton, a distinguished lawyer of Philadelphia, who pleaded his cause to good effect, and showed that Zenger had only spoken as any man had a right to speak, and had pointed out wrongs where wrongs existed. Justice De Lancey, remembering that his friend the Governor had made him Chief-Justice, told the jury that they must find Zenger guilty. But the jury pronounced him not guilty. Thus the freedom of the press was established, and the jury, by their verdict, had opposed the Governor, his council, the Assembly, and the judge before whom the accused had been tried.
About this time Lord Augustus Fitzroy, youngest son of the Duke of Grafton, came from England to visit Governor Cosby. The Governor thanked him for having honored New York with his presence, and told him that the city was open and invited him to go where he pleased. Lord Augustus did not go far. He fell in love with the Governor's daughter. He did more than fall in love, for one day he induced a minister to climb over the fort wall and marry him to her, without leave or license. The friends of the young nobleman were shocked, for the Governor's daughter was considered beneath him in rank. Governor Cosby was accused of having brought about this unequal match, although Lord Augustus said that it was the lady's winning ways and pretty face.
Cosby, after the Zenger trial, did what he could to check the liberty of the citizens, but was soon stricken with a fatal illness. On his death-bed he called together the members of his council, and suspended his old enemy, Rip Van Dam, who would have been his successor until another Governor was appointed. And having done this he died, on March 10, 1736, leaving a quarrelsome state of affairs behind him.