47^ HISTORY OF THE COUNTY OF WESTCHESTER. 



of New York, and several other persons of distinction. I chose" this puhlic 

 method to prevent, as much as I could, any misapprehension; and what I said 

 is as follows, viz : — 



[Here follows the judge's argument against erecting a Court of Equity, and 

 then he concludes with the remainder of his letter in these words, viz :] 



This, sir, is a copy of the paper I read in the Court, and the substance of what 

 I said besides on that head, as far as I can shape my memory. I have no reason 

 to expect that either this, or anything else I can say, will be at all grateful, or 

 have any weight with your Excellency, after the answer I received to a message 

 I did myself the honor to send you concerning an ordinance you were about to 

 make for establishing a Court of Equity in the Supreme Court ; as being, in my 

 opinion, contrary to law, and which I desired might be delaj'ed till I could be 

 heard on that head. I thought myself within the duty of my office, in sending 

 this message ; and hope I do not flatter myself in thinking I shall be justified in 

 it by your superiors, as well as mine. The answer your Excellency was pleased 

 to send by Mr. J. W. was, tliat I need not give myself any trouble about tJiat 

 affair; that you would -neither receive a visit or any message from me; that you 

 could neither rely upon my integrity nor depend upon my judgment; that you 

 thought me a person not at all ft to be trusted icith any concerns relating to the 

 King; that ever since your coming to the government, I had treated you— both as to 

 your oicn person and as tlie King's representative— with slight, rudeness and imper- 

 tinence; that you did not desire to see or hear any further of, or from me. I am 

 heartily sorry, sir, for your own sake, as well as that of the public, that the King's 

 representative should be moved to so great a degree of warmth, as appears by 

 this answer, which I think would proceed from no other reason but by giving my 

 opinion, in a Court of which I was a Judge, upon a point of law that came before 

 me, and in which I might be innocently enough mistaken ; (though I think I am 

 not); for judges are no more infallible, than their superiors are impeccable. 

 But if judges are to be intimidated so as not to dare to give any opinion but what 

 is pleasing to a governor, and agreeable to his private views, the people of this 

 'province — who are very much concerned both with respect to their lives and for- 

 tunes in the freedom and independency of those who are to judge them — may 

 possibly not think themselves so secure in either of them, as the laws and his Ma- 

 jesty intend they should be. 



I never had the honor to be above six times in your company in my life ; one of 

 those times was when I delivered the public seals of the province of New Jersey 

 to you on your coming to that government ; another, on one of the public days, to 

 drink the King's health ; a third, at your desire, to wait on my Lord Augustus 

 Fitz Roy, with the body of the laws, to tell him we were glad to see him at 

 New York; and except the first time, I never was above a quarter of an hour 

 together in your company at any one time ; and all the words I ever spoke to you, 

 except at the first time, may be contained on a quarto side of paper. I might 

 possibly have been impertinent, for old men are too often so ; but as to treating 

 you with rudeness and disrespect, either in your public or private capacity, it is 

 what 1 cannot accuse myself of doing or inteDding to do, at any one of the times 



a Printing his argument and letter. 



