INTRODUCTION. 51 



The ignorance aud venality of the governors, and the extortions practised in the 

 court, tended greatly to increase the popular odium ; but governor Burnet was 

 exempt from these reproaches. 



In 1724 a collision arose between the governor and the assembly, upon his 

 refusing to administer oaths to a member named De Lancey, who had been 

 returned as a member of the assembly, on the ground that he was not a subject 

 of the crown. The assembly claimed the right to judge of the qualifications of 

 its members. This right of the assembly was not afterwards questioned. 



It is recorded, to the honor of governor Montgomerie, who entered upon his 

 administration in 1728, that he declined to officiate as chancellor until he received 

 positive directions from the ministry. About this period in the history of the 

 colony, the legal profession begins to claim attention. 



Our first lawyer was Adrian Vanderdonk. He was educated at the University 

 at Leyden, and came to America in a bark belonging to the patroon of Rensse- 

 laerwyck, in 1642. He resided in the last mentioned manor several years, filling 

 the office of scout, which combined to some extent the duties of judge and sheriff. 

 He subsequently removed to New- York, then New- Amsterdam, where he acted 

 as chamber counsel, the government denying to him permission to appear in the 

 courts, because there was no other lawyer to confront him. He signalized him- 

 self in 1650, by a remonstrance to the States General, upon the abuses of power 

 in the colony, and in 1653 by his description of the New-Netherlands. The bar 

 of the colony in 1716, admitted to its honors William Smith, the father of the 

 historian, and James Alexander, father of Lord Stirling, who afterwards rose to 

 eminence. 



Rip Van Dam, lieutenant-governor, performed the executive duties in the in- 

 terval between the death of Montgomerie and the arrival of colonel Cosby, who 

 was appointed the successor. Cosby had instructions to relinquish to Van Dam 

 one half of the salary and perquisites of the office, which had accrued during 

 his administration ; and, upon Van Dam's refusal to refund, assumed to clothe the 

 judges of the supreme court with the dignity of barons and the powers and juris- 



