On the morning after Governor Van Kervel's death, the council met for the purpose of electing an acting head. There were six members present, and of these, two put forward claims to the vacant glace. The secunde, Mr. Hendrik Swellengrebel, was one. He based his pretensions on precedents, the custom having invariably been that upon the death of a governor the second in command had acted until the pleasure of the supreme authorities could be known. It was true he had only been secunde nineteen days, but that did not affect his position, for, as he had been a member of the council of policy for thirteen years, he had ample experience.

The independent fiscal, Mr. Daniel van den Henghel, claimed the appointment, on the ground that he had been a senior merchant longer than Mr. Swellengrebel. He had been in the colony since March 1731.

The question was put to the vote, when Messrs. Nicolaas' Heyning and Christoffel Brand were found to favour the fiscal's claim, while Captain Jan Tobias Rhenius and the secretary Ryk Tulbagh supported the secunde.

Hereupon the fiscal objected to Mr. Tulbagh having a voice in the matter, because he was married to Mr. Swellengrebel's sister, and must therefore be prejudiced in his favour.

The secretary replied that the right to vote had never before been disputed on such grounds. He had been a member of the council of policy for nine years.