The Documentary history of the state of New-York; arranged under direction of the Hon. Christopher Morgan, secretary of State. By E. B. O'Callaghan ...

1066 MEMOIR OF THE
made to "the revolters," or at some delayed decision which her
authorities insisted ought to have been made at once in her
favor.
The standing Mr. Duane had acquired in his profession before
the Revolution, caused him to be retained in most of the suits
which, on account of the principle involved in them, interested
large masses of the people both in New York and New Jersey.
Among these may be mentioned in the latter colony, that against
the proprietors of East Jersey, and that between the partners in
the Copper mine Company; in our own colony, Trinity Church
(New Rochell) against Flandreau and others; Sir James Jay
against King's College; Schermerhorn against the Trustees of
Schenectady Patent; the King, on the information of the Attorney General, against Lt. Governor Colden. In this last suit he
was employed for the defendant, and the Lt. Governor expressed
much obligation to him for undertaking his cause after other
counsel had declined, through fear of Governor Monckton's displeasure, for the latter was in reality the plaintiff as well as the
Judge, the suit being for fees and before the Governor as Chancellor. He was also the attorney and counsel of Trinity Church,
New York, in the suits against the intruders on that part of their
property called the King's Farm, so noted in the revived claims
of the numerous descendants of Aneke Janse. His briefs and
written arguments in such cases show a depth of legal learning
that would not disparage him in comparison with the most
distinguished members of the modern bar. In the case of Forsey vs. Cunningham, he was consulted and gave his opinion
against Lt. Governor Colden's construction of his commission
and instructions. Colden was then administering the Government, and Mr. Duane was no more biassed by that circumstance
than he was in Colden's own case, when Monckton was Governor.
In both cases we see that fearlessless of governmental authority,
which, a few years later, led him to risk his life and estate in the
war for our Independence.
In the various contests for seats in the Colonial Assembly
which took place after each general election, Mr. Duane was
very frequently employed by one party or the other. In the
noted case between Jo!n Morrin Scott and James Jauncey, in