USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 31
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COURT FOR THE TRIAL OF IMPEACHMENTS AND THE CORRECTION OF ERRORS.
The thirty-second section of the Constitution of 1777 provided that a Court should be instituted for the Trial of Impeachments and the Correction of Errors, under regulations which should be estab- lished by the Legislature, to consist of the President of the Senate for the time being, and the Senators, Chancellor and Judges of the Supreme Court, or the major part of them. In matters of impeach- ment, the thirty-third and thirty-fourth sections provided that the power of impeaching all officers of the State, for mal and corrupt conduct in their respective offices, should be vested in the represen- tatives of the people in Assembly, but that it should always be necessary that two-thirds of the members present should consent to and agree in such impeachment; that, previous to the trial of every impeachment, the members of the court should respect- ively be sworn, truly and impartially to try and determine the charge in question, according to evidence ; and that no judgment of the said court should be valid unless assented to by two-thirds of the members then present ; nor should it extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust or profit under the State. But the party so cou- victed should be, nevertheless, liable and subject to indictment, trial, judgment and punishment, according to the laws of the land. In every trial on impeachment, or indictment for crimes or misde- meanors, the party impeached or indicted was allowed counsel, as in
271
CORRECTION OF ERRORS.
civil actions. It was also ordered that when an impeachment should be prosecuted against the Chancellor, or either of the Judges of the Supreme Court, the person so impeached should be suspended from exercising his office, until his acquittal. In the correction of errors the Constitution provided that when an appeal from a deerce in equity should be heard, the Chancellor should inform the court of the reasons of his decree, but should not have a voice in the final sen- tence. If the cause to be determined should be brought up by writ of error, on a question of law, on a judgment in the Supreme Court, the Judges of the court should assign the reasons of their judgment, but should not have a voice for its affirmance or reversal. In pursuance of these provisions in the Constitution, the Legisla- ture passed an act, November 23, 1784, organizing the Court. It authorized sessions to be held during the meeting of the Legislature, and at such other times and places as might be ordered ; directed a seal to be prepared and a Clerk to be appointed, and prescribed the manner of proceeding in cases of impeachment. The Court adopted its seal February 6, 1786. It is thus described : "Field argent ; in the precise middle chief, a sun in its meridian ; below the sun, a scroll, bearing the words New York; and round the field the in- scription of COURT FOR TRIAL OF IMPEACHMENTS AND CORRECTION OF ERRORS." This continued to be the seal of the Court until abol- ished by the Constitution of 1846.
In regard to the correction of errors, appeals were allowed to it from the Court of Chancery, Supreme Court and Court of Probate, and Admiralty Court except in cases of capture. All appeals from Admiralty or Probate were to be made within fifteen days, and also all appeals from decretal orders in Chancery. All appeals from final decrees in Chancery, and writs of error upon judgments in the Supreme Court, had to be brought within five years after judgment rendered or decree made. The president of the Senate only had a vote in case of a tie among the other members of the Court. Writs of error in civil cases, and criminal cases not capital, were writs of right and issued of course, but in capital cases they were writs of grace. The Chancellor issued the writs in all cases; but in capital cases only on order, upon motion or petition, with notice to the Attorney-General or State prosecutor.
The court remained the same under the Constitution of 1821, except that a majority only of the members elected to the Assembly was requisite for an impeachment. The Court ceased with the second Constitution, after an existence of nearly seventy years.
272
NEW JUDICIAL SYSTEM.
COURT FOR THE TRIAL OF IMPEACHMENTS.
The Court for the Trial of Impeachments and the Correction of Errors was abolished by the Constitution of 1846. Its powers and duties in regard to impeachments were conferred and enjoined on a new court, termed the Court for the Trial of Impeachments. This Court is composed of the President of the Senate, the Senators, or a major part of them, and the Judges of the Court of Appeals, or a major part of them. Ou the trial of an impeachment against the Governor, the Lieutenant-Governor cannot sit with the Court. No judicial officer ean exercise his office after impeachment until acquit- ted. The concurrence of two-thirds of the members present is neces- sary to a conviction. Judgment, in case of impeachment, can extend no further than to removal from office, or removal from office and disqualification to hold any office of honor, trust, or profit within the State; but the party impeached shall be liable to indictment and punished according to law. The Assembly, by a vote of a majority of all the members elected, has the sole power of impeachment. When sunnnoned, it is directed to be held at the Capitol in Albany, the officers of the Senate to be officers of the Court. If the President of the Senate is absent, the Chief Justice of the Court of Appeals presides; if both are absent, such member as the Court shall cleet. The Court is a Court of Record, and has a Seal,which was filed July 30, 1853, having the same device as the former Court.
COURT OF APPEALS.
The Court of Appeals sneceeded the Court for the Trial of In- peachments and the Correction of Errors, so far as the correction of errors is concerned. As first organized, under the Constitution of 1846, it was composed of eight judges, four of whom were chosen by the electors of the State for a term of eight years, and four were selected from the class of Justices of the Supreme Court having the shortest time to serve. The Judges elected by the people were so classified that an election occurred every odd year. The Judges selected from the Supreme Court were taken cach even year from the first, third, fifth and seventh districts, and each odd year from the second, fourth, sixth and eighth districts, and served one year. The Judge elected by the State at large having the shortest terin to serve, acted as Chief Judge. The Clerk was elected by the people for three years. The Reporter was appointed by the Governor, Lieutenant-Governor and Attorney-General for three years.
1 Changed by chapter 190, Laws of 1552, to Arms of the State.
273
COURT OF APPEALS.
The article in relation to the Judiciary, framed by the Convention of 1867-8, reorganized the Court of Appeals. This article was approved by the people at the general election held in 1869. In accordance with its provisions, the Court of Appeals is now com- posed of a Chief Judge and six Associate Judges, who "hold their office for the term of fourteen years, from and including the first day of January after their election." The first Judges were chosen at a special election held in April, 1570. At the first election of Judges, each elector voted for the Chief Judge and four only of the Associate Judges. Vacancies are to be filled at the next general election happening not less than three months after such vacancy occurs; and, until so filled, the Governor and Senate, or if the Senate is not.in session, the Governor alone, may fill such vacancy.
The new Judiciary article also provided for a Commission of Ap- peals, composed of the four Judges of the Court of Appeals, in office by election or appointment when the article went into effect, and a fifth commissioner, appointed by the Governor. Causes pending in the old Court of Appeals on the Ist day of January, 1869, were determined by the Commission. The Commissioners selected the Chief. Their term of office was limited to three years; but was ex- tended two years by the Legislature ' pursuant to amendment of the Constitution adopted Nov. 5, 1872.ª The term expired July, 1575.
The Judges and Commissioners entered upon their duties, pursu- ant to the Constitution,3 ou the first Monday of July, 1870.
Judges are prohibited, by the Constitution, from holding any other office or place of public trust ; from exercising any power of appointment to public office, and from practicing as attorney or counselor, or acting as referee. They are removable by concurrent resolution of both Houses of the Legislature, if two-thirds of all the members elected to each branch coneur therein.
The Court of Appeals is almost continually in session, taking re- cess as it may from time to time order. It has full power to correct or reverse the decisions of the Supreme Court. Five Judges consti- tute a quorum, and the concurrence of four is necessary to pronounce a judgment. If such concurrence be not had, the case must be re- heard ; but no more than two rehearings can be had, and if then four Judges do not conenr, the judgment of the court below is affirmed. The Legislature may authorize the judgments, decrees and decisions of any inferior local court of record established in a city having original civil jurisdiction, to be removed for review directly into the Court of Appeals.
1 Laws of 1873, ch. 3.
2 Art. 6, 2 25.
s Art. 6, ¿ 24.
35
274
OLD COURT OF APPEALS.
The Judges of the old Court of Appeals, elected or appointed prior to April 18, 1857, each receive a salary of $2,500 per ammm: those since that date, $3,500. By act of the Legislature' passed April 14, 1870, the salary of the Chief Judge of the Court of Appeals was fixed at $7,500, and the Associated Judges, 87,000. They are each allowed $2,000 additional for expenses. The salaries of Judges of the Court of Appeals and Justices of the Supreme Court whose terms are abridged by the constitutional limitation as to age, and who have served ten years or more, are paid for the term for which they were elected. (Const., art. 6, § 13, as amended 1880.)
A Clerk is appointed by the Court, to hold office during its pleas- ure. Ile gives a bond to the people of the State in the penalty of $25,000, with two sufficient sureties, for the faithful performance of his duties, which bond is filed with the Comptroller. He appoints a deputy, by writing under his hand and seal, who takes the oath of office, and acts as Clerk in case of a vacancy, or when the Clerk is absent, or incapable of performing the duties. The salary of the Clerk is 85,000. Ile keeps his office in the Capitol at Albany. In it are deposited the records of the former Court of Errors, Supreme Court, Court of Chancery, and Court of Probate. The Court also appoints a Reporter, who receives a salary of $5,000. The seal of the Court, in use prior to 1883, is shown on Plate O, No. 2. The present seal is the Arms of the State as described in chapter 190, Laws of 1882, surrounded by the inscription "State of New York -- Court of Appeals."
JUDGES OF THE COURT OF APPEALS.
JUDGES.
ELECTED.
JUDGES.
ELECTED.
Freeborn G. JJewett (2 years).
June
7, 1617
Hiram Denio.
Nov. 3, 1857
Greene C. Bronson (4 years)
June
7. 1847
Henry E. Davies
Nov.
8, 1839
Charles II. Ruggles (6 years).
June
7, 1847
William B. Wright.
Nov. 5, 1861
Addison Gardner (& years).
June
7, 1817
Henry R. Selden 6 ..
July 1, 1-2
Freeborn ti. Jewett.
Nov.
6, 1819
John K. Porter 7.
Jan.
7, 1845
Alexander S. Johnson
Nov.
4, 1.51
Martin Grover
Nov.
5, 1867
Charles Il. Ruggles 3.
Nov.
8. 1553
Lewis B. Woodruff 8.
Jan.
4, 186>
Hiram Denlo 4 ...
June 23, 1-33
Charles Mason 9.
20, 1865
George F. Comstock 5
Nov.
7, 1:55
Robert Earl 10.
Nov. 2, 1-69
Sammel I. Selden
Nov.
7, 1%55
John A. Lott ..
Nov.
2, 15%9
COMMISSIONERS OF APPEALS.
COMMISSIONERS.
QUALIFIED.
WHOSE PLACE.
COMMISSIONERS.
QUALIFIED.
WHOSE PLACE.
John A. Lott, Chief 11
July 5, 1-70
Ward Il
July .5, 1570
Hiram Gray 12.
July 5, 1870
Alex. S. Johnson.
Jan. 7, 1873
Hunt. 15
Wm. H. Leonard 13 ...
July 5, 1870
John H. Reynolds. ..
Jan. 10. 1:73
Robert Earl II
July
5, 1570
Theo. W. Dwight 14.
Dec. 29, 173
Leonard. 15 Johnson. 15
Clerk. - WILLIAM H. BENJAMIN, appointed July 6, 1870.
I Laws of 1870, ch. 203, 2 8. 2 Appointed rice Bronson, resigned. 3 Resigned August 20, 1835.
4 Appointed by Governor. Elected November 8, 1553, rice Jewett, resigned.
5 Elected November 7, 1855, vice Ruggles, resigned.
6 Appointed rice S. L. Sellen, resigned ; elected to full term, November 3, 1863; resigned January 12, 1363.
7 Appointed rice HI. R. Selden, resigned ; elected November 7. 1865.
S Appointed rice John K. Porter, resigned. 9 Appointed vice Willlam B. Wright, deceased.
10 Elected November 2, 1869, vice Woodruff, appointed to vacancy.
Il Commissioners by virtue of their otlice as Judges of the former Court of Appeals.
12 Appointed by the Governor, pursuant to Constitution amended Jndielary Article.
13 Appointed by the Governor, vice Grover, elected Associate Judge of Appeals.
14 Appointed by the Governor and Senate January 5, 1574.
15 Resigned.
Sammuel A. Foote 2.
April 11, 1551
Ward Hunt
Nov.
275
PRESENT COURT OF APPEALS.
COURT OF APPEALS. Judges marked thus * are present members of the Court.
JUDGES.
ELECTED OR APPOINTED.
IN WHOSE PLACE.
ASSOCIATE JUDGES.
ELECTED OR APPOINTED.
LY WHOSE PLACE.
Chief Judges.
Charles J. Folger.
May 17, 1870
Sandford E. Church 1.
4Charles Andrews8 ...
May 17, 1870
Charles J. Folger 2
Alex. S. Johnson 9. ...
Dec. 29, 1573
Peckham.
+ Wm. C. Ruger I. ...
Nov. 7, 12
* Robert Earl 10.
Nov. 5, 1875
Grover.
.Associate Judges.
George F. Danforth .
Nov. 5, 187>
William F. Allen 5
May 17, 1870
4. Francis M. Finch Il.
May 25, 1850
Folger.
Ruins W. Peckham 7 ...
May 17, 1870
Charles L. Benedict ... Benjamin F. Tracy .....
Dec. 8, 1881
Benedict.
Charles A. Rapallo s.
May 17, 1870
CLERKS COURT OF APPEALS.
CLERKS.
ELECTED.
CLERKS.
ELECTED.
Charles S. Bentor
June 7. 1817
Frederick A. Talmadge ...
November 4, 1862
Benjamin F. Harwood 12.
November 8, 1-53
Patrick Henry Jones.
November
7, 1865
Russell F. Hicks
November 7, 1856
Edwin O. Perrin 13
November 3, 1868
Charles Hughes.
November 8, 1.59
REPORTERS.
George F. Comstock, from September, 1817, to Aprit, 1851 I vols.
6 vols.
Francis Kernan, from June, 1854, to March, 1-7
4 vols.
E. Peshine Smith, from June, 1837, to September, 1:63. 13 vols.
Joel Tiffany, from September, 1863, to January, 1569
Il vols.
Samuel fland, from January, 1569, to March, 1572
G vols.
Hiram E. Sickels, from March, 1872. [N. Y. R., Vols. 100.]
56 vols.
COURT OF ADMIRALTY.
This was a Civil Law Court. The Governor and Council acted, in the time of the Dutch, as the judges of the court. Subsequently, under the Duke of York, special commissions were issued by the Governor to determine such cases according as they occurred, until 1678, when anthority was given to appoint a judge and other officers of the court, which, at first, was established by warrant, or in virtne of the Governor's commission ; but, eventually, it depended from the Lords of the Admiralty in England. Its jurisdiction extended over New Jersey and Connectient, as well as New York, and was so enlarged, by divers statutes, as to include almost every breach of the acts of trade. Appeals from this court lay originally to the Court of Admiralty in England, but shortly before the Revolution, a Su- perior Court of Admiralty was established in North America, and, thenceforward, all appeals from Vice-Admiralty Courts were di- rected to be made to it.
The court existed for a short time under the State Government. In 1774 Judge Morris resigned the commission he held from the
1 Died at Albion, May 13, 1580.
2 Appointed by the Governor and Senate; elected In November; resigned November 11, lest, having been appointed Secretary of the U. S. Treasury.
3 Appointed ad interim, by the Governor race Folger resigned.
4 Elected to fill vacancy caused by resignation of Folger. 6 Died at Angelica, August 23, 1875.
5 Died at Oswego, June 3, 1878.
7 Died at sea, November 22, 1573.
9 Appointed by the Governor.
S Re-elected November 1, 1881.
10 Appointed by the Governor ; elected in November.
Il Appointed by the Governor and Senate ; re-appointed by Governor January 1, 1881.
12 Died at Albany, March 30, 1856.
13 Appointed by the new Court of Appeals July 6, 1870,
Charles Andrews 3.
May 17, 1870 May 20, 18>0) Nov. 19, 18%]
Church. Folger. Folger.
Theodore Miller ..
Nov. 3, 1874
Samuel Hand 9.
June 11, 1878
Allen.
Martin Grover 6. . ..
May 17, 1870)
Nov. 19, 1581
Andrews.
Henry R. Selden, from July, 1851, to April, 1-51
276
COURT OF ADMIRALTY.
Crown, in consequence of having sided with the Colonists. On the 25th of November, 1775, the Continental Congress recommended the Colonies to establish courts to adjudicate questions that might arise relative to captures on the seas during the War of Independ- ence, and that all trials be by jury. The High Court of Admiralty of the State of New York was accordingly authorized. Pursuant to an act of the Continental Congress, passed October 13, 1777, ap- peals could be had from this court to a Committee of their body. Under the Articles of Confederation an act was passed establishing a Court to hear appeals, termed the Court of Appeals in Cases of Cap- ture. On the 14th of February, 1787, the State Legislature passed an act to prevent the encroachments of the Federal Court, providing that it should not have cognizance over transactions within the boundaries of the State. The present United States Constitution vested admiralty jurisdiction exclusively in the Federal Courts, and consequently the State Court ceased by the adoption of that instru- ment by the State in 1789. The powers of the Court have since been exercised by the United States District Court.
The Seal of the State Court of Admiralty was oval, and had for its device the figure of Neptune, in a car drawn by sea horses, hold- ing in the right hand a trident and in the left an American flag; in the background a ship. Legend, SEAL OF THE COURT OF ADMIRALTY, STATE OF NEW YORK.
COMMISSARIES OR JUDGES.
JUDGES.
APPOINTED.
OTHER OFFICERS.
APPOINTED.
Stephen van Cortlandt
Det. 5, 1678
Registers.
Thomas Delavall.
June 15, 1679
Samuel Lrete.
1675
John Palmer
May 27, 16-1
John Spragge ..
May 27, 16-1
Mathias Nicolls.
Sept. 11, 156
George Brewerton
1690
Peter De La Noy
. 1690
John Tuder.
March 21. 1691
Joseph Dudley
March 26, 1691
William Sharpas ..
July
2. 1696
William Smith
. 1693
Robert Robinsont.
March 30, 1709
William Smith
April 29, 1697
John Mckesson 1
July
31,1776
Jolin Bridges
April. 1703
1715
Thomas Ashton
Oct. 5,1675
John Cavelier
May 27, 1654
Daniel Horsmanden.
July 29,1736
Lewis Morris
Nov. 5,1760
Benjamin Phipps
1691
Richard Morris.
A.I. 2, 1762
Jervis Marshal.
July 7, 169]
Lewis Graham 1,3.
Aug.
5,1776
Robert Cramnell
1707
John Fred ..
Jan.
3,1739
Joseph Wilson
Jan. 27,1755
John Tnder.
1681
Thomas Ludlow
May 15, 1769
Jacob Milborne ..
1690
Thomas Ludlow, Jr ..
1775
Attorney-General, ex officio ....
1700
Robert Benson 1, 4.
July 31,1776
1 Appointed by the Provincial Convention.
2 Declined August 2, 1776.
4 Marshal and Provost Marshal.
Incas Santen
Sept. 15, 1653
William Nicoll ..
1653
Thomas Jolison
March 26, 1691
Jolin Tuder ..
April,
1697
William Pinhorne.
July 2, 1696
Richard Nicholls.
April 7.1763
William Atwood
Angg. 4,17#]
13, 1742
Marshals.
Roger Mompesson
Caleb Heathcote
Francis Harison.
1721
George Underhill
1690
Lewis Morris 1.2.
July 31,1776
Richard Stoaks.
Advocates-General.
3 Received his commission from the State February 17, 1778.
FLATE P
Nº 1.
Nº 2
YORK
SEAL
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PRARO
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STATE OF A
OF THE COURT OF
5000 CABO F CHANCERY
Nº 3
STATE OF NEW YORK
Equity.
SEAL OF THE COURT
Nº 4.
CORT
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322220
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277
COLONIAL EQUITY SYSTEM.
COURT OF CHANCERY.
Equity jurisdiction was vested in the Court of Assizes under the Duke's Laws. On the 1st of November, 1683, a Court of Chancery was established by name. The Governor, or such person as he might appoint, was Chancellor, assisted by the Council. It was continued by act of 6th May, 1691, but expired by limitation in 1698. It was revived by ordinance, 28th August, 1701; suspended 13th June, 1703, and finally re-established 7th November, 1704.
The Court was opposed by the General Assembly and the Colonists, not because they did not consider such a court necessary, but because they questioned the right of the Crown to establish an equity court in the Colony, and the propriety of constituting the Governor and Council such court ; deemed its decrees oppressive, and the delays and expense attending its operations onerous and unnecessary.1 It held its sessions in the council chamber at the fort in the city of New York.
The Court was recognized by the Constitution of 1777 as then in existence. It provided that the Chancellor should not hold any other office, except that of Delegate to the General Congress upon special occasions ; but if elected or appointed, it should be at his option in which to serve. In May, 1788, the Court was reorganized by the Convention of Representatives of the State of New York. Masters and Examiners were appointed by the Council of Appoint- ment ; the Register and Clerks by the Chancellor. The office of Assistant Register was established in New York in 1804. By act of April 13, 1814, the Reporter of the Supreme Court was made the
1 See page 77. Also, Journal of the Generat Assembly, November 25, 1727, where the following record will be Found :
Col. Hicks, from the Committee on Grievances, reported that, as well by The complaints of several people as by the general ers of his Majesty's subjects inhabiting this Colony, they find, that the Court of Chancery, as lately assumed to beset up here, renders the liberties and properties of the sald subjects extremely pre- carion ; and that by the violent measures taken in and allowed by it, some have been ruined, others obliged to abandon the Colony, and many restrained in it, either by imprisonment or by excessive bail exacted from then, not to depart even when no manner of suits are depending against them ; and therefore are of opinion that the extraordinary proceedings of that Court, and the exorbitant fees and charges countenanced to be esacted by the officers and practitioners thereof, are the greatest grievance and oppression this Colony has ever felt, and that for the removal of the Intal consequences thereof, they had come to several resolu- (ious; which being read were approved of by the House and are as follows, to wit :
Resolved, That the greeting of exercising in this Colony a Court of Equity or Chancery (however it may be termed) without consent in General Assembly, is unwarrantable and contrary to the Laws of England, a manifest oppression and grievance to the subjects, and of pernicious consequence to their liberties and properties.
Resolved, That this House will, al their next meeting, prepare and pass an act to declare and adjudge all Orders, Ordinances, Decrees and Proceedings of the Court so assimmed to be created and exercised as above mentioned to be illegal, mill and void, as by Law and Right they ought to be.
Resolred. That this House at the same time will take into consideration whether It be necessary to estab- lish a Court of Equity or Chancery in this Colony, in whom the jurisdiction thereof ought to be vested, and how far the powers of it shall be prescribed and limited.
The Governor immediately dissolved the General Assembly card " ruftly used " several members, placing one under confinement, which proceedings were strongly condemned by the succeeding Assembly. On the 6th of November, 1735, the first resolution above given was again adopted, with the following :
Resolved, That a Court of Chancery within this Colony, in the hands or under the exercise of a Governor, without consent in General Assembly, i, contrary to law, unwarrantable, and of dangerous consequence to the liberties and properties of the People.
The position of the Assembly was set forth at length In an address to Acting Governor Clarke, September 7, 1737.
278
STATE EQUITY SYSTEM.
Reporter of the Court of Chancery. Both these officers were ap- pointed by the Chancellor, who also licensed all solicitors and coun- selors in the court. A Seal for the court was ordered by an act passed March 16, 1778. Several dies are preserved in the State Li- brary. They are essentially alike, though differing somewhat in detail. Two of the dies are given on Plate P, Nos. 2 and 3.
The Constitution of 1821 provided that the Chancellor should be appointed by the Governor, and should hold his office during goed behavior, or until he had attained the age of sixty years. On an appeal from the decision of the Chancellor to the Court for the Cor- rection of Errors (of which he was a member), the Constitution provided that the Chancellor should give his reasons for his decision, but should have no voice in the final sentence. By an act passed March 21, 1823, the duties of the Judge of the Court of Probates were devolved on the Chancellor.
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