THE ZENGER TRIAL 199

attacked two judges of the court before which he
was to be tried, on the ground that they were
irregularly appointed, the commissions of two of
them, Chief Justice De Lancey and Judge Philipse,
running "during pleasure" instead of "during
good behavior" and having been granted by the
Governor without the advice or consent of his
Council. The anger of the judges thus assailed
was expressed by De Lancey, who replied: "You
have brought it to that point, gentlemen, that
either we must go from the bench or you from the
bar," wherewith he summarily ordered the names
of the two distinguished lawyers stricken from the
list of attorneys.

This was obviously a heavy blow to Zenger, as
the only other lawyer of note in New York was
retained in the interests of Cosby and his faction.
But Zenger's friends never ceased their determined
efforts in his behalf, and Smith and Alexander re-
mained active in counsel if not in court. Mean-
while the judges appointed an insignificant attor-
ney, John Chambers by name, to act for Zenger
and fancied that their intrigue was sure of success.

The trial came on before the Supreme Court
sitting on August 4, 1735, De Lancey acting
as Chief Justice, Philipse as second judge, and