Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 33

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 33

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The importance of the foregoing to this work, and to the general reader, will be appreciated. We have presented the subject at some length, because it is not only one of the most interesting but important matters found in the history of Supervisors of Albany County.

CITIZENS' ASSOCIATION OF ALBANY. - We have occa- sionally alluded to this highly important organiza- tion. It is proper to add that it has been engaged for some years, with the assistance of counsel, in the examination of County charges, and the legal grounds and authority for the same.

The citizens comprising this association have always been of the highest standing. A careful ex- amination of their work in regard to bills, especially their work for 1884, convinces us, as it would all who examine it, of the great value and usefulness to the County of this association, and the conscien- tious manner in which they discharged their duty. The Executive Committee of it for 1884 were Mar- cus T. Hun, C. P. Williams and Mathew Hale.

INCREASED VALUATION OF REAL ESTATE. - The Committee appointed to appear before the State Board of Equalization in behalf of the interests of Albany County reported that the total increased assessed valuation of real estate of the State for the year 1883 was $111, 954,771, of which Albany's portion would be $3,000, 246. This, assuming the equalization of 1883 correct, would have made the equalization of 1884 as follows :

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HISTORY OF THE COUNTY OF ALBANY.

Equalization of real estate for 1883. $68,595,149

To which add above increase. 3,000,246

$71,595,395

Equalization made by State Board, 1884. 71,273,649

Reduction on equalization for 1884 $321,749

Making the following statement of Albany County for the year 1884 :

Equalized valuation of real estate $71,273,649

To which add personal property 7,558,621

578,832,270

While the foregoing statement is, to some ex- tent, gratifying, yet it does not measure out to Al- bany County that degree of justice to which it is entitled.

ASSESSMENT OF PROPERTY, 1884 .- At a meeting of the Board, December 2, Mr. Brady, Chairman of the Committee of Assessments, presented a state- ment of the real and personal property in the County of Albany, as assessed in 1884 :

City of Albany, real. $60,961,465 00

66 personal. 6,339,417 00

Total. $67,300,882 00

City of Cohoes, real. $3,580,205 00

personal. 394,120 00

Total $3,974,325 00

Towns, real. $21,909,250 29

personal. 1,558,553 94

Total

$23,467,804 23

Grand total. $94,743,01I 23

EQUALIZED VALUATION .- On December 4, Mr. Fuller, from the Committee on Equalization of Taxes, presented a statement exhibiting the equalized valuation of the County of Albany for the year 1884:

City of Albany, real estate $51,993,990

personal . 6,339,417

Total. $58,333,407

Cohoes, real estate. $10,080, 177

personal. 394, 120

Total. $10,474,297

This amount, with the real and personal property of the towns, which comprised the value of 301,- 3282 acres, amounted to:

Total real estate. $86,450,920 29

personal.

8,292,090 94

Grand total $94,743,01I 23

Albert Gallup, County Treasurer, presented the following communication to the President of the Board :

"The following balances are due the County of Albany, Dec. 4, 1884, as shown by the books in the Treasurer's office :"

$82,593 12

City of Albany. Cohoes 5,102 65 Town of Berne. 4,237 13

Bethlehem 389 53

Coeymans

Guilderland.

1,055 04 288 47

Knox.

35 90

New Scotland.

146 85

Rensselaerville

3,536 76

Westerlo

662 12

Town of Watervliet has a credit balance.

260 14

Leaving amount due county. $97,778 43

RATE OF TAXATION OF CITY OF ALBANY .- The rate of taxation for the City of Albany was fixed as follows upon each $100 of the assessed valuation for City and County purposes:

City of Albany, for that portion added to the city in 1870, $1.03; portion west of Allen street, $1.04; remainder of city, $2.04; corporations which pay State tax to Comp- troller, 81.7814.

The rate of taxation fixed for the town of Water- vliet for 1884 on each $100 of assessed valuation:

Watervliet, First District, 72c .; Watervliet, Second District, West Troy, Green Island, 75c.

TREASURER'S REPORT.

The Treasurer's report of the County for the year ending Nov. 29, 1884, shows the re- ceipts in his office to have been. $903, 149 38

Disbursements. 903, 149 38

Balance on hand. $18,597 86

BURIAL AND HEADSTONES FOR SOLDIERS .- On January 11, 1884, the Board adopted a resolution requiring the Clerk to keep an account of the amount paid for the burial and for headstones for deceased soldiers of the late war, under section 4, chapter 354, laws of 1884. In pursuance of said resolution and said law, the Treasurer presented a very interesting and extended report showing the number of soldiers who had died in the County of Albany during the year 1884, the name of each soldier, the company and regiment to which he belonged, his age, time and place of death, the amount of expenses paid for burial and to whom paid. The report shows the number of soldiers who died in the County during the year to be 46. The burial expenses of each soldier was $35. The total amount paid for these burials during the year was $1, 600.

PRESERVATION OF PUBLIC RECORDS AND BOOKS.

On Dec. 17, 1884, Wm. D. Strevell, Clerk of the County, presented an interesting communica- tion to the Board, stating that a quantity of valua- ble record books removed from the City Hall at the time of the fire were scattered over the floor in a confused condition in one of the rooms in the tower of the new City Hall, where they had been placed after its completion. The communication also showed that further neglect would be highly injurious to them; that Messrs. Wheeler B. Melius and Daniel Casey, long familiar with the records of the County Clerk's office, had offered to arrange the papers, records and books for the sum of $1, 000;

$98,047 57

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THE BENCH AND BAR.

and it was strongly recommended that the sum be appropriated for that purpose.

The Citizens' Association having examined the records referred to in the communication, Hon. J. Howard King, President of the Association, indorsed the said communication, whereupon it was adopted by the Board by a vote of 24 ayes to I no.

It is gratifying to state that at this writing, March 11, 1885, the work referred to in this com- munication, important and difficult as it was, has been completed in a most satisfactory manner, and the books, papers and records are easily accessible to all parties desiring to examine them.

The last proceedings of the Board which we have

been able to obtain were under date of Dec. 18, 1884, which includes the above.

Thus we conclude our history of the Board of Supervisors of the County of Albany, embracing a period of over a century and a half. Notwith- standing the difficulties we have encountered in obtaining a regular line of records by lapse of time, and the destruction of some by fire, we feel it is not affectation to say that through the courte- ous aid of the custodian of papers and documents, and of the generosity of private citizens and former officials who have valuable documents, we have been able to present a history which must be of much value and interest to the people of the County.

THE BENCH AND BAR,

LEGAL HISTORY OF ALBANY COUNTY.

By L. B. PROCTOR, Esq.

LBANY has long been the seat of the law-mak- A ing power of the State ; here the great courts of dernier ressort have held their sittings since the adoption of the first constitution. Here, too, the Supreme Court of the State, presided over by the ablest jurists in the nation, has held its regular terms, from 1777 down to 1885. Here, also, for nearly two centuries, other important courts have pronounced the laws.

Among the judges and lawyers who have con- ducted these courts " there have been many diver- sities of talents and abilities. There have been those of the Bar who were listened to wholly for their intellectual qualities, for the wit or the wis- dom, the learning or the philosophy, which charac- terized their efforts. There have been those whose main attraction was a curious felicity and facility of illustration and description, adorned by the richest gems which could be gathered by historical re- search or classic study. There have been those to whom the charms of manner, the graces of elocu- tion and the melody of voice were the all-sufficient recommendation to applause. There have been those who owed their success more to opportunity and occasion, to some stirring theme or some ex- citing emergency, than to any peculiar attributes of their own. And we may say that there have been those who combined in a large degree all of these qualities."

In writing the history of the Bench and Bar of Albany County one feels as though he was writing the Bench and Bar of the State itself, such is the commanding influence they have had and still have in legal history. In entering on our duty we shall begin with the first organization of courts of justice in the county.

EARLY COURTS.

Courts of justice were organized in the colony of New York by the English, under the authority of the code known as the " Duke's Laws." The principal courts were, at first, the Court of Sessions and Town Courts, but very soon after authority was given for the organization of Courts of Oyer and Terminer. The Dutch Court of Burgomasters and Schepens was changed to Mayor's Court.

The above comprised what may be called the first judicial system, which existed from 1665 to 1683; we do not find the record of any Court of Oyer and Terminer, or of Court of Sessions, or of Town Courts, that were held in the County of Albany during this period.

The second judicial system existed from 1683 to 1691. The Town or Justices' Courts, Court of Sessions and of Oyer and Terminer were continned, and a Court of Chancery established.

The third judicial system was inaugurated in 1691, and continued during the colonial period.

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HISTORY OF THE COUNTY OF ALBANY.

It preserves the courts previously established, and added for the first time a COURT OF COMMON PLEAS and a SUPREME COURT.

The Court of Oyer and Terminer was made a criminal side of the Supreme Court, as it is now of the present Supreme or Circuit Court. We find no record of the proceedings of any of those courts of the County of Albany during this period of any importance, excepting the Court of Common Pleas, and some proceedings of a Court of Sessions that seems to have existed. There was, during this period, a Mayor's Court in the City of Albany having civil and criminal jurisdiction, composed of the Mayor and Aldermen.

In 1683 an act was passed "to settle courts of justice," which directed a Court of Oyer and Ter- miner to be held in the respective counties of the province, composed of one judge, assisted by four justices of the peace of each county.

In the City of New York and the City of Albany, the Mayor, Recorder and four Alder- men were associated with the judge. This court had jurisdiction over all capital criminal causes, trials at common law. It had appellate jurisdiction of five pounds or upward ; the au- thority for holding the court was derived from the Provincial Governor ; the court was abolished May 6, 1691. Though this court held its sittings regu- larly at Albany, no record of any importance can be found of them.

COURT OF SESSIONS. - In 1683 an act was passed directing that a Court of Sessions be held, by three justices of the peace, in each of the twelve counties of the province, as follows: In New York four times, in Albany three times, and in the remainder of the counties twice in each year. In the City of New York this court was held by the Mayor and four Aldermen. In the City of Albany it was held by the Mayor and the Justices of the Peace. It deter- mined all causes, civil and criminal, by a jury; but actions exceeding five pounds could be removed, upon application, to the Court of Oyer and Termi- ner. Its officers were a marshal, a crier and a clerk.

We find a record of a Court of Sessions held at Albany in 1717, as follows :

" At a Court of Sessions, held in the City Hall of Albany, this 4th day of January, 1717.

" Present-ROBT. LIVINGSTON, Jr., Esq., Mayor."

Here follow the names of eight Justices of the Peace who were associated with the Mayor in holding the Court.

" The Court opened and the Grand Jury called, who were sworn."

There were fifteen Grand Jurors present, and Richard Kitchner was made foreman.

"The Grand Jury being sworn and charge given, the Court adjourned until three o'clock in the afternoon.

" The Court opened according to adjournment. The Sheriff moves that Ruben Veghts, who was summoned for a Grand Juryman, may be amerced for not appearing, who is hereby amerced accord- ingly.

"The Court adjourned till to-morrow morning." The record shows that the Court met according to adjournment the next morning.

" The Sheriff moves that Daniel Kitchner, who was a constable of Half Moon & Schatkook, may be amerced 13/18 for not appearing and attending this Court, which was granted accordingly."

The Court then adjourned sine die.

It appears that no business was transacted at this Court except opening it, calling, charging and swearing the Grand Jury, and amercing one juror and a constable for non-attendance.

The next Court was held on the first day of October, 1717, but no particular business was transacted except organizing the Grand Jury.

" At a Court of Sessions, held in the City Hall of Albany, this 4th day of October, 1721.

"Present-MYNDERT SCHUYLER, Esq., Mayor, and twelve Justices.

"Conradt Borghgaert and Elias Van Schaick, being called to appear to answer to the indictment brought against them by the Grand Jury for steal- ing potatoes, they both appear. The indict- ment was read to them and asked whether they were guilty or not guilty. They plead not guilty. The Petit Jury was called and sworn. Four wit- nesses were sworn. The Jury went out and a constable was sworn to keep them. The jury re- turn and find Conradt Borghgaert and Elias Van Schaick not guilty.

SINGULAR JUDGMENT.

" Mr. Collins, Attorney for the King, moves that they be discharged, paying costs of suit ; the Court give judgment for costs accordingly."

The Colonial Courts had a singular way of con- ducting business. Here were two persons indicted for stealing, who plead not guilty ; were brought to trial before a jury, who pronounced them not guilty ; whereupon the Attorney for his Majesty the King of England moves that they be dis-

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THE BENCH AND BAR.

charged, paying the costs of their trial, and the Court directed a judgment to be entered against them for the costs accordingly, although found in- nocent of any crime. The question occurs to us, what would have been their fate had they been found guilty ?

We find the following entry in the records of the Court of Sessions, held on the 6th day of June, 1722 :

" The Grand Jury sent in a presentment against Jacob Vosburgh, Esq., for giving a judgment which was not in his power, concerning a cow, the goods of John Bernhard.

" Entered, that Peter Van Buren, Esq., acquaint Jacob Vosburgh, Esq., of the presentment brought against him, concerning the judgment, that he had no business to give, that he may appear at next Court of Sessions to make answer to ye same."

The following subpoena was issued in the case of a negro woman, named Nan, arrested for willfully set- ting on fire and burning the stable of Johanis Wen- dell, of the City of Albany :

"City and County of Albany, ss. :

" GEORGE, By the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c.

"To Eliza Lansing and Hendric Ten Eyck. We command you and every of you that, all and sin- gular, your business set aside, and all excuses ceas- ing, you and every of you, in your proper persons, be and appear before our Court of Sessions of the City and County of Albany, in the City Hall therein, on the third day of this instant July, at one o'clock in the afternoon of that day, to testify all and singular, those things which you or any of you of your knowledge or notice may know in a certain cause now depending before the said Court, and on behalf of his Majesty, by bill or information, against a negro woman, of Abraham Kip, of the city, called 'Nan,' on suspicion of burning the stable of Johanis Wendell, of the said city. And of this you and every one of you must by no means omit, un- der penalty of £100.

" Dated, in Albany, the second day of July, in the eighth year of his Majesty's reign, A. D. 1722.

" Per cura,

" PHILIP LIVINGSTON."

SEVERE PUNISHMENT.

The negro woman Nan was brought to trial at the time mentioned in the said subpoena, and was convicted of burning the building therein named, whereupon the following sentence was pro- nounced :

"It having been adjudged that the said negro woman, called 'Nan,' is guilty of the crime charged against her ; she shall, therefore, within the space of ten days, be whipped behind a cart, on the naked back, twenty lashes, round this city, at the places following : Before the City Hall ; at the corner of the house of Johs. Teller ; at the corner of the house of Jacob Yetts, Jun. ; at the corner of the house of Johs. Ten Broek ; before the gate of John Wendell, and before the gate of Anthony Van Schaack, double the lashes ; then at the cor- ner of the house of Stephanis Groesbeck ; at the cor- ner of the house of Jan Jans Bleeker; at the corner of the house of Johs. Bleeker, Jun. ; at the corner of the house of Philip Livingston; at the corner of the house of John Manse ; at the corner of the house of the widow of John Dircks ; at the corner of the house of Jacob Lansing ; at the cor- ner of the house of Johs. Dangler ; at the corner of the house of Anna Mary Carnisie ; at the Great Bridge, and then at the City Hall, five lashes ; after that to be imprisoned for the space of one year, unless her master will enter into bond and suffi- cient security to export her out of this province, and pay the charge of her imprisonment.

"Copy of this judgment given to a constable to be executed."

REFUSAL TO DRINK THE ROYAL FAMILY'S HEALTH.

At a Court of Sessions held in the City of Albany, at the City Hall, on the 4th day of August, 1722, the Grand Jury sent up the following presentment :

"The jurors of our Sovereign Lord the King, impaneled and sworn to enquire for the body of the City and County of Albany, on their oath pre- sent Philip Verplanck, of the City of Albany, sur- veyor, for that he, the said Verplanck, on the 28th day of May last, without the gates of the said city, at a bonfire, did make disturbance, and hindered Myndert Schuyler, Esq., one of his Majesty's Justices of the Peace of the said city and county, in drinking the health of the Royal Family at the said bonfire.

" (Signed) JOHS. MANGAEL, Foreman."

The following entry was made, at a subsequent day of said term, and the case was thus disposed of :

" Philip Verplanck, of this city, who was bound over to appear at this Court by recognizance, being called and appeared ; ordered that he be discharged on paying the fees."

There are some records of the Colonial Court of Sessions missing after the term of the Court held January 8, 1723 ; but it continued to hold its reg-

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HISTORY OF THE COUNTY OF ALBANY.

ular sessions down to 1775, when it was discon- tinued by the opening scenes of the Revolution.

THE MAYOR'S COURT of Albany, to which we have referred, was a very important tribunal; there exists a pretty full record of its proceedings in Albany, entitled, " Minutes of the Mayor's Court of Albany." Many persons are inclined to the opinion, from some of the entries in these records, that it had the jurisdiction and was a court of sessions; we find no other record of a court of sessions of that period.

In 1686 Albany was incorporated as a city, and provisions were made for holding a Mayor's Court three times a year. The Mayor, Recorder and four Aldermen were associated with the judge in holding the Courts of Oyer and Terminer. We shall give some of the proceedings of this court hereafter.

THE SUPREME COURT was originally established in this State by Act of the Colonial Legislature, May 6, 1691, and continued by limitation to 1698; after this it was continued by proclamation, and finally by ordinance of the Governor-General and Council, dated May 15, 1699.

It was empowered to try all cases, civil or crimi- nal, with jurisdiction and procedure like the Eng- lish courts of King's Bench, Common Pleas and Exchequer, and was possessed of all the powers of those courts ; but it had no equity side. By a sub- sequent act of the General Assembly the judges were made Judges of Nisi Prius, and annually performed a circuit through the counties of the State, at which time they had a commission of Oyer and Terminer and General Jail Delivery, in which some of the county judges were joined.

Regular terms of Nisi Prius, or Trial Courts, were held at Albany after the act of the Assembly we have referred to. This was the Colonial Supreme Court, with a Nisi Prius branch now known as the Circuits.

We have briefly described the Courts during the Colonial period. Among these Courts, the Court of Common Pleas was one of the most important. It was established in New York and Albany by the Charter of 1686 ; by the Act of 1691, a Court of Common Pleas was established in each county in the State ; at first it was composed of one judge and three justices, but in 1702 it was ordered that the judge be assisted by two or more justices in holding the courts, all of whom were appointed by the Governor, and held office during his pleasure. It had cognizance of all actions, real, personal and mixed, where the amount sued for exceeded five pounds. Its. practice assimilated to the King's

Bench and Common Pleas at Westminster. Its errors were corrected in the first instance by Writs of Error into the Supreme Court. Appeals were allowed to the Supreme Court for any judgment where the amount involved exceeded twenty pound's. The clerks were appointed by the Provincial Gov- ernor-except the clerk at Albany, who, in some instances, was appointed by the King.

The Mayor, Recorder and Aldermen of the City of Albany, or any three of them, were, in 1686, ex-officio members of the Court of Common Pleas, acting when no judge was present. On May 27, 1691, Peter Schuyler was appointed the Presiding Judge of the Court of Common Pleas of Albany; May 27, 1702, he was succeeded by John Abeel, who served until October 14, 1702, when Peter Schuyler was reappointed. Judge Schuyler pre- sided for the long term of fifteen years, when, on December 23, 1717, he was succeeded by Killian Rensselaer, who presided till 1726, when Rutger Bleecker succeeded him. Judge Bleecker pro- nounced the laws from the bench of Common Pleas till 1733, when he was succeded by Ryer Gerritse, who, on November 28, 1749, was succeeded by Robert Sanders.

The court then consisted of Robert Sanders, Esq., and Sybrant G. Van Schaick, judges ; John Beekman, Leonard A. Gansevoort and Robert Rose- boom, assistants. The first records which can be found of the proceedings of this court that can be regarded as reliable are as follows :

"At an Inferior Court of Common Pleas, held in and for the City and County of Albany, at the City Hall of the said city, on Tuesday, the 5th day of June, 1750. Present-

" ROBERT SANDERS, ¿ Esqr's.,

"SYBR'T G. VAN SCHAICK, S Judges.

" JOHN BEEKMAN,

" LEONARD A. GANSEVOORT, - Assistants.

'. ROBERT ROSEBOOM,

" Commission read, Court opened.

" The following were among the cases called :

" Gerret Borghgherdt, by A. Collins, his Attorney, vs. Isaac Van Alstyne, by Richard Stevenson, his Attorney.

"The Sheriff returns the venire; the action de- ferred till next Court, the Deft. being sick.

" Jacob C. Ten Eyck, by Richd. Stevenson, his Attorney, vs. Albert Van Slyke, by A. Collins, his Attorney, who Confesses Judgment to the Plaintiff for the Sum of one hundred and forty-three Pounds, one half Penny, with Lawful Interest, and costs. Whereupon Judgment is Granted Accordingly.

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THE BENCH AND BAR.

" The next case was France Claw, Junr., by A. Collins, his Attorney, vs. Joh's Van Duesen, by A. Crooke, his Attorney.

"The Sheriff returned the venire with a panel of the Jury, who, being called, the following appeared, and were sworn, viz. :

" Albertus Becker, Philip Shelters, Pietrus Bogar- dus, William Plase, Hans T. Willer, George Redin- bergh, Richard Oliver, Philys Selt-Pagh, Martin Cooper, Paul Dick, Kihan Stafle Been, Benj'n Hilton.

" Pleading read.

"The following evidence sworn for the Plaintiff."

Here follows the names of seven witnesses for the plaintiff, one of them ("Isaac Vosburgh) sworn on his Voire Dire." Four witnesses were sworn for the plaintiff.

" Declaration and Affidavit of the widow Cobus read for the plaintiff ; Court duly addressed by Counsel for the parties.

"Jury charged. Two Constables sworn to keep the Jury, and the Jury go out.

"France Claw, Junr., by Collins, vs. Joh's Van Duesen, by Crooke.

" The Jury returned, and, asked if they were agreed on their verdict, answered, 'Yes.' Being asked for whom they found it, answered, 'for the Plaintiff, Sixteen Pounds damages, and Sixpence costs.' Whereupon, Mr. Collins said : 'May it please the Court, the Pltf.'s Att'y remits eight Pounds of the damages, being more than he sued for.' Where- upon, on motion of the Plaintiff's Attorney, the Court grants Judgment for the remaining eight Pounds and costs of suit."

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 33

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452