USA > Massachusetts > Hampden County > Our county and its people : A history of Hampden County, Massachusetts. Volume 1 > Part 25
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JAMES L. MARTIN Aug., 1852-Mar., 1857.
Teachers in the Training School before it Became a Part of the
Town System, Sept., 1900
EUNICE M. BEEBE Feb., 1892 -*
ISABELLE W. GLADWIN Sept., 1892-Sept., 1897.
E. ABBE CLARK Sept., 1893 -*
JENNIE L. HALE Sept., 1894-Sept., 1897.
JEAN R. AUSTIN Sept., 1897-
FLORENCE P. AXTELLE Sept., 1897 -*
JENNIE E. STODDARD. Sept., 1898 -*
GEORGE S. WOODWARD Sept., 1899- *
Kindergarten
LOUISE M. STEINWEG .March, 1892-Sept., 1895.
EMMA L. HAMMOND Sept., 1895 -*
*Now teaching in the school.
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CHAPTER XVIII
THE HAMPDEN BENCH AND BAR
(EDITED BY CHARLES L. GARDNER)
To properly understand and fully appreciate the history of the judiciary of any commonwealth, and the worth and attain- ments of the magistrates and the practitioners at its bar, some knowledge of the origin and development of the machinery and spirit of this branch of government is necessary. The sentiment is commonly expressed that the judicial system of this common- wealth is largely copied or derived from the common law of Eng- land and slightly from the civil law of the continent. In many respects this is true and resemblances may be traced therein. There are certain changeless principles running through the laws of all nations from the time of Moses to Victoria, but a close study of the history of the laws and judicial practice of the state will reveal the fact that they are in a great measure an original growth, and differ materially from the old systems of Europe.
In the early history of the colony of Massachusetts Bay the governor was in effect the maker, interpreter and enforcer of the law, the chief judge of the court of final resort, while his assistants and councillors were generally his obedient followers.1 The execution of the English and colonial statutes rested with
1Previous to 1639 the judicial system of the colony was established with the following courts : First, the General court, composed of the governor, deputy governor, assistants and deputies, sitting twice in each year ; second, the Court of Assistants, or Great Quarter courts, composed of the governor, deputy gov- ernor and assistants, sitting in Boston four times each year ; and third, the In- ferior courts, kept by magistrates, with associates appointed by the general court, with the right of appeal from Inferior courts to the Court of Assistants. and last appeal to the general court.
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him, as also did the exercise of royal authority; and it was not until after the revolution that he ceased to contend for these prerogatives and to act as if the only function of the court was to do his bidding as servants and helpers, while the legislature should enact only such laws as the executive should suggest and approve.
However, let us look briefly at the present arrangement and powers of the courts of this state, and then at the elements from which they have grown. The whole scheme is involved in the idea of first a trial before a magistrate and jury-arbiters, re- spectively, of law and fact-and then a review of the facts and law by a court of last resort. To accomplish the purposes of this scheme there has been devised and established, first, the present Supreme judicial court, the ultimate tribunal of the state, per- fected in its present form by the conventions of 1779 and 1780, and taking the place of the old Superior court of judicature, with the same jurisdiction, officers and authority. The work of the convention was supplemented by an act passed July 3, 1782, entitled "An act to establish a Supreme judicial court within the commonwealth," to comprise one chief justice and four associ- ates, "the whole or any three of them to have cognizance of pleas, real, personal, or mixed, and of all civil actions between party and party and between the commonwealth and any of the sub- jects thereof, whether the same do concern realty, and relate to right of freehold, inheritance or possession ; whether the same do concern the personalty and relate to any matter of debt, contract, damage or personal injury ; and also mixed actions which do con- cern the realty and personalty brought legally before the same court by appeal, review, writ of error or otherwise; and shall take cognizance of all capital and other offenses and misdemean- ors whatsoever of a public nature, tending either to a breach of the peace, or the oppression of the subject, or raising of faction, controversy or debate, to any manner of misgovernment; and of every crime whatsoever that is against the public good."
Under the act referred to the court was authorized to estab- lish rules for the conduct of its business, for the admission of
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attorneys,1 and the creation of barristers at law. A subsequent act, passed in 1784, gave the court appellate jurisdiction in all matters determined in probate courts, when properly before it for review, and in 1786 questions of divorce and alimony were directed to be heard and determined by its judges. In 1800 the number of associates was increased to six, and the state was divided into districts. In 1805 the justices were reduced to four, and so remained until 1852, when an additional justice was au- thorized. Since 1873 the court has comprised one chief justice and six associate justices.
In common with all judicial officers in this commonwealth, justices of the Supreme judicial court are appointed by the governor, with the advice and consent of the council, and hold office during good behavior. They are removable at any time "upon the address of the general court." The legislature from time to time has changed the jurisdiction of the justices of this court when holding circuit terms, and in recent years there has been a tendency to relieve it of many of its old-time cases by transferring them to the Superior court, and thus establishing the highest tribunal in the state as a court of appellate jurisdic- tion only. The justices still perform circuit duties, yet the cases presented chiefly relate to equity2 and the dissolution of corpo- rate bodies, both of which might better be disposed of in the in-
1The judiciary act of 1782 gave to the Supreme judicial court authority to create barristers at law and to regulate the admission of attorneys. The for- mer office was one of great dignity and importance, and only men "learned in the law" were admitted to its privileges. No barristers were "called" after 1789, and in 1806 the court adopted a rule to the effect that "no attorney shall do the business of a counsellor unless he shall have been made or admitted as such by this court ;" and also, "all attorneys of this court who have been admitted three years before the sitting of this court shall be and hereby are made counsellors and are entitled to all the rights and privileges of such ;" and further, "no at- torney or counsellor shall hereafter be admitted without a previous examina- tion." In 1836 the distinction between attorney and counsellor was abolished. John Worthington, who was one of the most prominent characters in early his- tory in what is now Hampden county, was a barrister previous to 1768. Moses Bliss and Jonathan Bliss also were barristers, but of later date in local annals.
2 A Court of Chancery was established in the colony in 1685, and its powers and jurisdiction were vested in the County court magistrates. The act of 1682, establishing judicatories, provided for a high Court of Chancery with power and authority to hear and determine all matters of equity not relievable by common law, the court to be holden by the governor or such person as he should appoint
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ferior court. "Matters of divorce" were transferred in 1887, and jurisdiction in capital cases was likewise transferred in 1891. All appeals from the judgment of the Superior court are deter- mined in the Supreme judicial court.
The Superior court of judicature, which passed out of exist- ence with the adoption of the constitution, was an heirloom of the colonial period, established under the first charter and survived the sweeping changes of the second. The court was originally created by an act of the colonial legislature in 1682, and com- prised one chief justice and four other justices, with power to hear and determine all plaints, pleas and causes to the same extent as the English courts of King's Bench, Common Pleas and Exchequer, except, perhaps, in the exercise of general equity powers, which was reserved to the governor and his assistants, as an especial prerogative, and to the Chancery court.
In subsequent years the old Superior court was subjected to many changes, but did not lose its identity at any time. As con- stituted under Dudley it was known as the "Superior court" and comprised three judges, who were to sit three times yearly in Boston. Under Andros, who came into the office in 1686, the court was re-established under its original name, with jurisdic- tion in civil and criminal matters. Terms of court were to be held in all the counties, the sittings in Hampshire county to be held alternately at Springfield and Northampton. The last ses- sion of the court under the charter was held in 1774, and during the period of the revolution every element of government that smacked of royalty was thrust aside, and the affairs of the colo- nists were entrusted to the provincial congress and the commit- tees of safety.
Second to the Supreme judicial court in rank and jurisdic- tion stands the Superior court, the most useful and popular judicial body in the commonwealth, and the successor to the old court of common pleas. It was established April 5, 1859, with
as chancellor, assisted by eight or more of the council. This act was disallowed by the privy council, and in fact the court was very unpopular in the province, the freemen claiming that the crown had no right to establish an equity court in the colony.
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one chief justice and ten associates. The number of associates was increased to eleven in 1875, to thirteen in 1888, to fifteen in 1892, and to seventeen in 1898.
Originally the Superior court had only the jurisdiction that previously was vested in the common pleas, but the legislature in later years extended and broadened its powers until it became the chief instrumentality for the attainment and enforcement of rights and the redress of grievances in the history of Massachu- setts jurisprudence. In 1887 it was given exclusive jurisdiction "in all cases of divorce and nullity or validity of marriage;" in 1891 was given jurisdiction in all capital cases, and in 1893 its scope was further extended to include cases relating to telegraph and telephone wires, in matters relating to corporate powers, the maintenance and use of public buildings, the control of street railroads, etc., all of which formerly were under the supervision of the Supreme judicial court. Appeals from the district, police, municipal and justices courts are determined in the Superior court, and, in turn, appeals from the Superior court are taken to the Supreme judicial court.
The Superior court traces its history directly to the Court of common pleas, and through it indirectly to the old Inferior court of common pleas, the latter having been originally estab- lished under the name of the Inferior court in 1635-6 and more clearly defined as to powers and jurisdiction in 1639. Appeals lay from it to the Court of assistants, and from the latter to the General court. In 1642 it was ordered that "all causes between party and party shall first be tried in some inferior court," and, accordingly, nearly all causes were first brought to issue in the old Inferior court : hence the derivation of the broad powers of the present Superior court.
In 1682 the general court passed "An act for the holding of courts of justice," and established County courts or Inferior courts of common pleas, with both civil and criminal sides. The act, however, was "disallowed" because of a distinction in the manner of appointing justices in the several counties, deeming that it interfered with the prerogative of the general court. The court went into effect in 1692, and the act of confirmation perma-
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nently establishing it under the name of Inferior court of com- mon pleas was passed June 27, 1699. From that time it was the popular tribunal of the commonwealth until abolished in favor of the Superior court in 1859.
Next in inferiority to the Superior court are the municipal, Police and District courts, with both civil and criminal jurisdic- tion, and established by the legislature from time to time as the necessities of the several counties have demanded. These courts, which virtually are alike in powers and jurisdiction, are the out- growth of the trial justices courts and the still older courts of justices of the peace, the latter dating from the time of the colonial government.1
By an act of the legislature passed May 3, 1850, the gover- nor, with the advice and consent of the senate, was authorized to appoint suitable persons in each county to be trial justices, with the same powers and jurisdiction as justices of the peace, and to hold office seven years. At the same time the civil and criminal jurisdiction of justices of the peace was taken away, and when any of them issued warrants the latter were to be made returnable before a trial justice. However, in 1851, the act of the preceding year was repealed and the old-time authority of justices of the peace was restored. In 1852 the powers of justices of the peace, also of justices of municipal and police courts, were extended, and in certain cases were made concurrent with the powers of the common pleas, having cognizance of cases in which the damages claimed did not exceed $100, and having authority to try civil causes with a jury of six men when the claim was not less than $20, and not more than $100.
This system of procedure in the inferior courts was contin- ued until 1858, when an act of the legislature authorized the governor to designate a suitable number of justices of the peace in the several counties to try criminal cases, and in the next year a further act declared the officers so appointed to be known as
1Courts of Justices of the Peace were first provided for in the "Act establish- ing judicatories and courts of justice within the province." The act was passed Nov. 25, 1692, was disallowed by the privy council in 1695 and was revived by the act of 1697.
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trial justices. Under the act first mentioned Hampden county was allowed eight trial justices, chosen to suit the convenience of the inhabitants of the county. In 1876 trial by jury in civil actions and other proceedings in municipal, district and justices courts was abolished, but the aggrieved party was granted the right to appeal to the Superior court in special designated cases.
By an act passed in 1877 nearly all the power which then remained in the old justices court was swept away by the legisla- ture, and thenceforth its magistrates were denied authority or jurisdiction in civil cases, or to receive complaints or to issue warrants; and this power was vested in the remaining trial jus- tices, also in the municipal, district and police courts. But at length the office even of trial justice, so far at least as concerned Hampden county, was merged in the police and district courts and became virtually extinct, and thereafter all justices of the peace in any tangible condition of authority were unknown in the annals of the law. The office was descended from the Eng- lish office of the same name, but was far less important, and in this state it existed under the colony, both charters and the con- stitution. For more than two centuries it was the creature of the statute, and at one time was a position of power and importance, its incumbent being dignified with the title of "squire ;" but with the loss of much of its old-time power it also lost all of its former dignity.
In 1858 Police courts were granted concurrent jurisdiction with the common pleas, and in 1876 the legislature granted to municipal, district and police courts concurrent jurisdiction with the Superior court in special cases. All appeals from these in- ferior courts are taken to the Superior court.
A Police court in the town of Springfield was established by the legislature March 6, 1850. In April, 1874, the jurisdiction of the court was extended to include the towns of Wilbraham (originally a part of the eastern district) Agawam, Hampden (created 1878), Longmeadow and West Springfield. East Long- meadow, when made a separate town, was added to the district.
The Police court of Chicopee was established May 21, 1855. The Police court of Holyoke was established April 8, 1871.
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The District court of Eastern Hampden was established April 29, 1872, and included within its jurisdiction the towns of Palmer, Brimfield, Monson, Holland, Wales and Wilbraham, the latter being transferred to the district of the Springfield Police court in 1874. Courts in this district are held in Palmer.
The District court of Western Hampden was established May 6, 1886, and included within its jurisdiction the towns of Westfield, Chester, Granville, Southwick, Russell, Blandford, Tolland and Montgomery. Courts are held in Westfield and Chester.
Probate courts, one of which exists in each county in the state, are courts of record and their special jurisdiction is the care and settlement of estates and the guardianship of infants. In Massachusetts this court traces its origin to the early colonial period, when all matters of probate were settled in the old County court, established in 1639 ; but the derivation of powers and prac- tice of the Probate court in this state is from the Ecclesiastical court of England, also from the Court of Orphan Masters, the Prerogative court and the Court of Probates.
The County court was established previous to the incorpora- tion of counties in the commonwealth, and was merely the old Inferior court with a new name and more clearly defined powers. It retained its jurisdiction in matters of probate throughout the colonial period, except during the presidency of Joseph Dudley and the governorship of Sir Edmund Andros. The former first assumed probate jurisdiction and delegated his powers in some of the counties to judges of his own appointment. In matters relat- ing to estates of more than fifty pounds value Andros assumed sole authority, but in minor estates he too delegated powers to the judges. After Andros was deposed the old methods were re- sumed and were continued until the union of the colonies. Under the second charter (1692) probate affairs were placed in the hands of the governor and council, who claimed and exercised the right to appoint both judges and registers of probate in the sev- eral counties. In its present form, with almost continuous sit- tings, the Probate court1 affords a cheap and expeditious medium
1By special dispensation of the legislative power the Probate judge in each county also is judge of the Court of Insolvency. The offices are entirely dis-
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for the care and settlement of estates and the guardianship of infants.
The old Court of General Sessions of the peace was the third court established in the colony, and was created in 1699, to be held in each county by justices of the peace, who were empowered to hear and determine "all matters relating to the conservation of the peace." The court was continued under the constitution and was not materially changed until 1807, when an act of the legislature provided that future sessions should be held in Hamp- shire county by one chief justice and six associates, who were to act as the General court of sessions and not in their minor capac- ity of justices of the peace. In 1809 the jurisdiction of the court was transferred to the Court of common pleas, but in 1811 the Court of sessions was revived and continued three years, when it again was merged in the common pleas. The act of 1814 provid- ed for the appointment of two persons in each county to be ses- sion justices of the Circuit court of common pleas in their respec- tive counties, "to sit with the justices of the Circuit court in the administration of all matters within their county over which the Court of sessions had jurisdiction." From 1814 to 1819 county affairs were administered by the Circuit court of common pleas, and in the year last mentioned the Court of sessions was re-estab- lished with a chief justice and two associates in each county. The court was continued in Hampden county until 1828, when the administration of county affairs was placed in the hands of three county commissioners, and the old judicial body passed out of existence.
This brief survey of the courts of this commonwealth, which omits only those that are purely local in character, gives the read- er some idea of the machinery provided for the use of the bench and bar at the time of the creation of Hampshire county in 1662, and also at the time of the organization of Hampden county, a century and a half afterward.
In the latter part of 1635 a representation was made to the general court, sitting at "New Towne," that several friends,
tinct in jurisdiction, powers, proceedings and practice, but have the same judge and register. The offices were merged in 1858.
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neighbors and freemen, "with other men of quality now in Eng- land," are "resolved to transplant themselves and their estates to the Ryver of Conecticott, there to reside and inhabite; and that there may be, upon occasions, some causes of difference, and also dyvers misdemeanors, which will require a speedy redresse." Upon this presentation the general court ordered that William Pynchon, William Phelps and others be clothed with authority to hear and determine in a judicial way all causes of difference arising in the new colony ; to inflict corporal punishment or im- prisonment; to fine, levy and collect the same, "soe as shall be for the peaceable and quiet ordering of the affairs of the plantation for the space of one year."
In pursuance of its determination this devout band of our ancestors made a settlement on the site of the city of Springfield and there founded a colony in the year 1636. Frequent acces- sions were made to their number and in the course of a few years the outposts of settlement had extended up and down the valley and westward into the regions of Woronoco or the West Fields- Westfield.
Thus was founded in an unpretentious yet effective way the crude judicial system upon which was built the more substantial structure of later years. William Pynchon administered justice, not the law, for the space of a dozen years and then fell into dis- repute with the general court through the authorship of a book which was declared to promote heretical doctrines in the colony. The book itself was condemned and ordered burned and the author was brought to bar to answer grave charges of disseminat- ing false and dangerous theories.
The accused magistrate appeared in the council in 1651, admitted the authorship of the book, and being permitted to confer with the elders present, he persuaded them that he was guiltless of wrong intent (although not a lawyer himself Mr. Pynchon possessed the attributes of a successful advocate) and removed from their minds the worst construction they had placed upon his work; and with such logic did he prevail upon the coun- cil that he was permitted to depart unpunished, though he was shorn of his judicial power in the plantation and was succeeded by his son-in-law, Henry Smith, of Springfield.
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In a primitive way the pioneers of the Connecticut valley maintained courts of justice and upheld the dignity of the law through the early colonial period, though neither record nor tra- dition furnishes any reliable evidence that more than informal courts were established, and there is no record by which we may discover whether any barristers were present at court sittings previous to the creation of Hampshire county in 1662.
The history of the judiciary in what is now Hampden county dates from the time of William Pynchon, yet there was no resi- dent bar until after the second charter in 1692, the year of the union of the colonies. Hampshire county, the original formal jurisdiction which included within its limits the entire western region of Massachusetts, was created May 7, 1662, the act provid- ing that Springfield, Northampton and Hadley should form a new county, and that courts should be held alternately in Spring- field and Northampton. Three years later it was ordered that county courts "be held and attested" by Capt. John Pynchon, one of the magistrates, and that Henry Clark, Lieut. William Clarke, Eleazer Holyoke and Lieut. Samuel Smith should assist Captain Pynchon in "keeping the county courts."
According to established records, the first court in Spring- field was held March 27, 1660, under the first charter, and that august body assembled beneath the hospitable roof of William Pynchon. The act creating Hampshire county declared Spring- field to be the shire town, and thus it continued until 1792, when the seat of justice was removed to Northampton. From that time until 1812, when Hampden county was created, Springfield was only a center of trade in an agricultural region, but it neverthe- less was a thriving village with constantly increasing interests, and eventually was destined to outstrip all rivals and take rank with the important cities of New England.
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