Schaffer Law Library Blog

Colonial New York had a court system based on the English model, with a Supreme Court exercising common-law jurisdiction and a Court of Chancery exercising equitable jurisdiction. Unfortunately, New York did not have a Chancellor to preside in the Court of Chancery. Rather, the royal governors of the colony were commissioned by the King to act also as Chancellor. In 1770, this combination of executive and judicial responsibilities led to an unfortunate incident. Lord Dunmore as governor ordered the colony’s attorney general to bring an action in Chancery against Lieutenant-Governor Colden to recover certain fees that the Governor claimed as a prerogative of his office. Lord Dunmore as chancellor of course presided over the trial. James Duane, Colden’s lawyer, made a strong case for his client and presented Governor/Chancellor Dunmore with a dilemma: if he ruled against himself, he lost his case; if he ruled for himself he would be changed with scandalous partiality. Perhaps fortunately, before Dunmore could make up his mind, the royal government transferred him to the governorship of Virginia. His successor as governor of New York, Colonel William Tryon, never got around to deciding the case.