USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 35
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Nov.
1. 55
Dec. 31,1461
Thomas J. Oakley ....
Oct.
Ist7
May 11, 1-37.2
Edwards Pierrepont
Nov.
1557
Nov. 1,1-00. 1
lohin Duer ...
Max :16, 1-57
Ang. 8, 1.58.2
James Moncrief .....
Nov.
1:58
Itre. 31, 1563
Joseph S. Bosworth.
Ang. 31, 1:58
Dec. 31,1-63
Anth's L. Robertson
Nov.
.lan.
lxec. 31. 1:63
John M. Barbonr ...
Jan. 9, 1869
Dec. 31, 1:73
.lolm M. Barbour. ...
Nov.
1×61
Dec. 31. 1-19 1
Claudius la. Monell ...
.lan. 8.1-71
Ang. 1,1:56.2
Clodius L. Moueli.
Nov.
Jan. 3,1-1.1
William E. Curtis. ...
Oct. 4,1-76
July 6, 1550.2
Sammel B. Garvin ...
Nov.
1:63
Dec. 31. 1-08. 1
John Sedgwick 3.
Aug. 3, 18-0
lohn II. Mecmit ...
Nov.
1-63
July 6 1-72.2
Sammick Jones .......
Nov.
1-65
Dre. 31.1-71
Freeman J Fithian 5
Jan.
1860
1c. 31.19
Associate Judges. Josiah O. Hoffman ...
April,
1328
Jan.
1837.2
James (. Spencer 6.
Nov.
1869
Dec. 31, 1-71
Thomas J. Oakley ...
April,
1-28
Oct.
1-17. 4
Dumiel B. Tallmadge.
April,
1-37
O.t.
1-13. 2
Holm Selewick ....
Nov.
Ang.
3, 1=>0.4
Aaron Van-derpoel. ...
Oel.
1:13
Dec. : 31, 1:19
Hoopere Van Vorst Gilbert M. Spier .....
Nov.
1873
Dec. 31. 1-$1.1
lohn Unter ...
April
1519
May 16,185.1
Charles F. Sanford.
Nov.
1875
Oct. 31, 1 -2.2
lohn L. Mason.
April
John J. Freedman.
Nov.
1:56
Wm. W. Campbell ... Elijah Paine ....
Nov.
1819
Oct. 8, 1:53.2
Charles H. Truax.
Nov. 2, 1880
Joseph S. Bosworth.
Nov.
1-51
Ang. 51, 1:58.4
Horace Russell s.
Oct. 26, 18 1
Dec. 31. 1 ~~ 2
Robert Emmett ..
Nov.
1452
Dec. 31, 1-53
J:me. 2, 1.522
Murray Hoffman ..
Nov.
1×33
Dec. 31, 1561
Nov.
1252
John Stosson.
Nov.
1:533
Dec. 31, 1850
Nov.
1882
I Re-igned.
2 Died in office.
3 Re-elected 1-35, and reappointed Chief Judge. 15>6.
5 Appointed to hill vacancy caused by death of Robertson, (h. J.
& Elected for Robertson's unexpired term.
7 Appointed in place of Curtis, deceased.
8 Apointed in place of Sanford, deceased.
9 Appointed in place of Spier. Richard O'Gorman was nominated for the vacancy and received a ma- jority of all the votes cast in November, 15-1, but as Judge Spler's seat was not then vacant, the election was held to be voil, and he resigned July 27, 1882.
William E. Curtis ...
Nov.
1871
Sept.
Nov.
Lewis 11. Sandford ...
Oct.
1817
Inly 25, 1872.2
live. 31, 155]
Horace Russell 7 ....
July 23, 12-0
Dec. 31, 1 ~~ 1)
April
Dec. 31. 1:55
John J. Freedman.
Nov.
1.869
Dec. 31.1-75
Anth'y L. Robertson.
.lan. 5,1861
Dec. 18, 1569.2
James W. White ...
Nov.
1×60
Dec. 31, 1- 2
Wm. H. Arnonx 9 .. Richard O Gorman. (ico. 1. Ingraham ...
4 Appointed Chief Andge.
304
SUPERIOR CITY COURTS.
COURT OF COMMON PLEAS OF NEW YORK.
FIRST JUDGES.
APPOINTED OR ELECTED
TERMS EXPIRED.
ASSOCIATE JUDGES.
APPOINTED OR ELECTED.
TERMS EXPIRED.
John T. Irving
Mch. 6, 1821
Jomm R. Brady
Jan.
1856
Dec.
31. 1:09
Michael Ufshoefler ...
Mch. 20, 1833
Henry Hilton ..
Nov .
1-57
Dee. 31, 1842
Daniel P. Ingraham
June,
1550
Albert Cardozo
Nov.
1862
Charles P. Daly.
Nov.
1537
Hooper C. Van Vorst
Oct.
1867
Nov.
1-69
George C. Barrett
Nov.
Nov.
1 .- 69
Chi.f Judge.
Frederick W. Loew.
Nov.
Dec.
31,1875
Charles P. Daly,
July,
1870
Chas. H. Van Brunt3
Dec.
1-69
June
1, 1:4
Associate Judges.
1834
Dec. 31. 1819
May,
1 70
Daniel P. Ingraham.
1-38
Dec. 31, 1557
Gro. M. Van Hoesen
Nov.
1875
Charles P. Daly ..
May,
1,44
July,
1$70
Henry Wilder Allen5
June
1, 1881
Lewis P. Woodruth .
Nov.
1319
Dec. 31, 1:55
SUPERIOR COURT OF BUFFALO.
RECORDERS.
APPOINTED.
. ASSOCIATE JUDGES.
ELECTED.
TERMS EXPIRED.
Horatio J. Stow ..
1810
George W. Houghton ...
18:4
Heury K. Smith ..
1844
Isa ic A. Verplanck 6
1.551.
153
Joseph G. Masten ..
1818
George W. Clinton .
Dec.
31. 1-17
George W. Houghton
1852
Joseph G. Masten 7 ..
1571
Chief Judges.
James Sheklony ...
1572
Dec.
31, 1$85
Isaac A. Verplanck
1870
James M. Smith 10.
George W. Clinton ..
1.8733
Charles Beckwith.
1-77
James'Sheldon ..
1828
Robert C. l'itus ..
Nov.
James M. Smith
Jan.
4, 150
CITY COURT OF BROOKLYN.
CHIEF JUDGES.
APPOINTED.
TERMS EXPIRED.
ASSOCIATE JUDGES.
ELECTED.
TERMS EXPIRED.
George Thompson ...
Ang. 11, 1870
Geo. G. Reynolds ..
Nov.
1860
April 30, 1-67
Joseph Neilson
May 1, 1873
April 30, 1473 Dec. 31. 1882
George Thompson ...
Nov.
1:06
Ang.
11, 1870
Alexander MeChe ...
Jan. 2, 1843
Dec. 31, 1:81
Joseph Neilson 12 ...
May,
1×70
May
1, 1-73
George G. Reynokis.
Jan. 2, 1885
Alexander MeChe ...
May,
1870
Jan.
2, 18-3
Associate Judges.
Elected.
Nath. H. Clement .
Nov.
1852
Erasmus D Culver. ...
1554
April 3, 1855 April 20, 1-61
Augustus Van Wyck
Nov.
-
TOWN AND JUSTICES' COURTS.
During the Colonial period the Constable, with five, at least, of the overseers of the towns, held a Town Court. They had power to make necessary orders or by-laws " for the welfair and improvement of their Towne, provided they be not of a criminal nature, nor re. pugnant to the Duke's Laws, nor impose a penalty higher than 20s. for one offense." Such by-laws were, however, subject to the con- firmation of the Court of Assizes. In civil suits they had jurisdiction to the amount of £5; over that sum, an appeal lay to the Court of Sessions. In 1683 the organization of this court was modified. It
1 Laws 1$31. ch. 91. 2 Additional Judge ( Laws 1839, ch. 16).
3 Resigned June 1, 1881, having been elected Justice of Supreme Court.
4 Appointed In place of Robinson, deceased; elected in November
5 Appointed rice Van Brant, resigned. 6 Died in spring of Is73.
7 Died in spring of 1878.
& Appointed by Gov. Hoffman to vacancy caused by death of Masten. 9 Elected to succeed Humphrey. 10 Appointed by Gov. Dix in place of Verplanck, deceased : elected In November.
11 Resigned. December 31, 1854. Erastus D. Culver appointed to fill the vacancy.
12 Term expired by Ihnitation, having reached the age of seventy years.
Nov.
1.72
Jan.
2, 1985
John Greenwood 11.
April, Nov.
:1819
May,
1870
April
1:59
Rich'd G. Larremore Joseph F. Daly
Mav,
1-70
Michael Ulshoetter. I
Witham luglio 2.
1839
Miles Beach !. ..
April 24. 1879
1×69
flamd'n W Robinson
James M. Thumphrey 8.
1-73
Geo. G. Reynolds ...
305
MUNICIPAL COURTS.
was to be held by three commissioners on the first Wednesday in each month, in each town, and was empowered to determine canses for debt and trespass, of forty shillings and under, without a jury, unless such were demanded by the plaintiff or defendant. By the law of 1691 and the ordinance of 1699, every Justice of the Peace, resident within any town or county, assisted by one of the freehold- ers of the town where the cause of action originated, was vested with power to decide such small causes, except one of the parties desired a jury. By subsequent acts three justices (one of whom was to be of the Quorum) were empowered to try, without a jury, any offender who did not find bail within twenty-four hours after being in custody, for any offense under the degree of grand larceny, and to inflict any punishment, so that it did not extend to life or limb. Such three justices, with five freeholders, also had power, without previous in- dietment by the grand jury, summarily to try slaves charged with capital felonies, and to punish them even with death. Justices of the Peace were appointed until the adoption of the Constitution of 1846, by which the office was made elective and their number regu- lated by law.
In addition to the Courts of Record in this State, the following are enumerated in the Code of Civil Procedure, as Courts not of record, having such jurisdiction as is specially conferred upon them by statute :
1. Courts of Justices of the Peace in cach town, and in certain cities and villages :
2. Conrts of Special Sessions of the peace in each town and in cer- tain cities and villages, except in certain cases where special provis- ion is made by law, they must be held by one Justice of the Peace of the town or city in which they are held, and a recorder of a city has power to hold a Court of Special Sessions therein.
3. The Districts Courts in the city of New York, held by the Dis- triet Judges and having generally the same civil jurisdiction as Courts of Justices of the Peace.
4. Police Courts in cities and villages.
39
THE LEGISLATURE.
The Legislative function of government, as defined and limited by . the Constitution of the State, is the growth of our own soil, the same as the Judicial function. The Constitution of the colony recognized three branches to the Legislature, only one of which owed its origin to the will of the people, while the other two existed by grace of the sovereign. The conflicts of the Colony were the same as the contemporaneous conflicts of the mother country ; they were struggles between Royal power and Parliamentary authority. The first Con- stitution of the State was based on the principle of parliamentary supremacy. Gradually, however, the People exercised their sover- eignty more and more directly, until now the powers of the Legisla- ture are restricted by the Constitution. The history of the aggressions upon royal power has been traced in detail. The parliamentary principle was not fully applied, as in England ; for the reason that the Chief Executive and the upper branch of the Legislature, being chosen by the people, could be safely intrusted with their legitimate rights. The Governor, however, was at first deprived of the power over the enactment of laws which he held under the Colony; but this power was subsequently restored to him in a modified form. Neither Executive nor Legislative supremacy is now conceded ; for the organic law as directly established by the people, through approval of the constitutional recommendations of their representa- tives, restrains both.
The Legislative branch of the State Government has always con- sisted of a Senate and Assembly. Bills may originate in either Ilonse, but must be passed by both in order to become laws. In case bills are returned with objections, two-thirds of all the members present (if a quorum) passed the bill notwithstanding the objections, until the adoption of the amendments to the Constitution in 1874. Two-thirds of all elected are now necessary to override a veto. Each house makes its own rules and judges the qualifications of its own members. Their sessions are open and journals published.
307
STATE LEGISLATURE.
Soon after the organization of the Government, the Assembly asserted the right (which had belonged to the Colonial Assembly) of originating all bills containing appropriations of the public moneys. The Senate, on the 26th of October, 1778, asserted its co-ordinate right in that respect. This was met by the Assembly, on the 4th of November, passing a formal resolution asserting its sole right to the privilege. The disenssion was not contimed. Usage has estab- li-hed the right of the Assembly to originate money bills ; the Senate freely exercising its right to amend, modify or reject, as it may deem proper, which the Council could not do.
The two houses, jointly, from 1777 to 1759, appointed Delegates to Congress ; since 1787, Regents of the University ; since 1789, "Senators in Congress ; from 1816 to 1844, Canal Commissioners, and under the Constitution of 1821, the Secretary of State, Comptroller, Treasurer, Attorney-General, Surveyor-General, and Commissary- General ; since 1854, the Superintendent of Public Instruction. By an act passed May 6, 1844, it was provided that Canal Commissioners1 should be elected by the people. This Constitution provided for a decennial census from which the apportionment of Senators and Assemblymen should be from time to time equalized.
Under the existing Constitution, any elector of the State, receiv- ing a plurality of all the votes cast in any legislative district of the State, at a regular election for members of the Legislature, may be- come a member of the branch to which he is thus elected. But "no person shall be eligible to the Legislature who at the time of his election is, or within one hundred days previous thereto, has been a member of Congress, a civil or military officer under the United States, or an officer under any city government ; and if any person shall after his election as a member of the Legislature be elected to Congress, or appointed to any office, civil or military, under the goverment of the United States, or under any city government, his acceptance thereof shall vacate his seat." Nor ean any member of the Legislature receive any "civil appointment within the State or the Sen- ate of the United States, from the Governor, the Governor and Sen- ate, or from the Legislature or from any city government during the time for which he shall have been elected ; and all such appoint- ments and all votes given for any such member for any such office or appointment shall be void."
Each member of the Legislature receives for his services an an- nal salary of $1,500, and one dollar for every ten miles of travel, in going to and returning from the place of meeting, once in each
1 The office of Canal Commissioner was abolished on the appointment of a Superintendent of Public
308
RESTRICTIONS UPON LEGISLATION.
session, on the most usnal route. Senators, when the Senate alone is convened in extraordinary session, or when serving as members the Court for the Trial of Impeachments, receive an additional allow. ance of ten dollars a day; and the same compensation is paid the managers on the part of the Assembly, not exceeding nine in number.
The Lieutenant-Governor is President of the Senate, and it is customary for that body likewise to elect a President pro tem. A Speaker is elected by the Assembly, at the commencement of cach annual session, on the first Tuesday in January in each year. It likewise elects a Clerk, Sergeant-at-Arms, Doorkeeper, etc., and has several minor officers.
The Legislature is prohibited from passing a private or local bill in any of the following cases : Changing the names of persons. Laying out, opening, altering, working or discontinuing roads, high- ways or alleys, or for draining swamps or other low lands. Locating or changing county seats. Providing for changes of venue in civil or criminal cases. Incorporating villages. Providing for election of members of boards of supervisors. Selecting, drawing, summoning or impaneling grand or petit jurors. Regulating the rate of interest on money. The opening and conducting of elections or designating places of voting. Creating, increasing or decreasing fees, percentage or allowances of public officers, during the term for which said offi- cers are elected or appointed. Granting to any corporation, associa- tion or individual, the right to lay down railroad tracks. Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. Providing for building bridges and chartering companies for such purposes, except on the IIndson river below Waterford, and on the East river or over the waters forming a part of the boundaries of the State. In these cases the Legislature is required to pass general laws, and also in all cases where in its judgment general laws can be rendered applicable. But no law shall authorize the construction or operation of a street rail. road except upon the condition that the consent of the owners of one-half in value of the property bonded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such rail- road be first obtained ; or in case the consent of such property owners cannot be obtained, the general term of the Supreme Court, in the district in which it is proposed to be constructed, may, upon applica- tion, appoint three commissioners who shall determine, after a hear-
SEALS OF SENATE AND ASSEMBLY. 309
ing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. But these provisions do not apply to bills reported by the Commission to revise the statutes. The Legislature is prohibited from granting extra compensation to any public officer, servant, agent or contractor and so also are the Common Councils of cities and the Boards of Su- pervisors of counties. And the Legislature can neither audit nor allow any private claim or account against the State, but may appro- priate moneys to pay such claims as shall have been andited and allowed according to law. Every law which imposes, continues or revives a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not be sufficient to refer to any other law to fix such tax or object. Charters of savings banks must be regulated by general law. Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corpora- tion or private undertaking. This, however, does not prevent the Legislature from making such provisions for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor does it apply to any fund or prop- erty held by the State for educational purposes.1 " No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjourn- ment." 2
Each branch of the Legislature judges of the qualifications of its own members, and makes its own rules for their government. Their sessions are open, except when the public welfare requires secrecy, and their journals are published.
The Clerks of the Senate and of the Assembly were required under an act passed April 14, 1859, to provide a Seal for each house, for authenticating copies of legislative papers. They both represent the crest of the State arms, with the legends, STATE OF NEW YORK, CLERK OF THE SENATE, and STATE OF NEW YORK, CLERK OF THE ASSEMBLY, respectively, around the margin. The Assembly Seal had rays surrounding the design, while that of the Senate had none. These seals were superseded January 1, 1883, by the Arms of the State as described in chapter 190, Laws of 1882, surrounded by the inscriptions, "State of New York - Clerk of the Senate," and "State of New York -Clerk of Assembly," respectively.
1 Const., art. 8, ¿ 10.
2 Const., art. 4. ¿ 9.
310
COLONIAL COUNCILS.
THE COUNCILS.
The Council of the Director-General of the Province of New Netherland acted as an Exeentive Council and a Supreme Court, with admiralty and appellate jurisdiction. Appeals lay to them from decisions of local or inferior courts. The members could not be sued before, and were not amenable to, such inferior conrts. Their independence of the Governor was, however, very trifling ; they may be said, indeed, to have held their office purely at his pleasure, as in one instance he caused a file of soldiers to eject sunmarily the Vice- Director, or Deputy-Governor, from the council chamber, for oppo- sition to his will, and, on a different occasion, it is alleged, that he caned another member of the Board. In extraordinary cirem- stances, it was the custom to adjoin some of the colonists or public servants, to the Board, and the captains of the West India Com- pany's ships, when on shore, had a voice in the Council. The Schont-fiscal had a seat, but no vote in the Board, and when he acted as prosecuting officer, he retired from the Bench.
The Council of the Governor of the Colony of New York does not seem to have been, at first, limited to any determinate number. On the appointment of Major Andros to the government, in 1674, he was authorized to choose such a mumber as he should find con- venient, and it consisted, in his time, of ten members. In 1683, Governor Dongan was also empowered to name his Council, which was also limited to ten, and in 1686 reduced to seven members. Afterward, in 1691, the mumber was increased to twelve, and so remained fixed whilst the English possessed the country, though by death and other casualties it sometimes fell short of that number. All the members very rarely attended the sittings of the Council, many residing at a distance. They were named in the Governor's instructions, but vacancies were filled, from time to time, either by the Governor, or by royal mandamus. Any member residing in the Province, absenting himself therefrom and continuing absent from the Province above twelve months together, without leave, or re- maining absent two years successively without leave, forfeited his commission, and such as did not attend the sittings of the Council when summoned were liable to suspension. The quorum was fixed, in 1691, at five; afterward reduced to three; but in 1697 it was re- established at five, and so continued, although in some exceptional cases three formed a quorum in the Legislative Council, and two members could adjourn the session.
-
311
POWERS OF THE COUNCIL.
In 1691 the constitution of the Council was organized as it con- tinued throughout the colonial period. Their privileges and powers were laid down in the royal instructions to the Governor. Their functions were threefold : 1. In an Executive capacity, they acted as a Privy Council to the head of the Government in civil matters, who was generally present when the Executive Council was in ses- sion. They were consulted in the grant of all patents, which could not pass the seal without their advice; they had also a voice in the appointment to most of the civil offices in the colony. 2. They formed, with the Governor, a Court for the Correction of Errors and of Appeals, and sat, ordinarily, in the fort at New York. 3. They constituted the second branch of the Legislature, co-ordinate with the Senate of the present day. Previous to 1736, the Governor presided also in the Council when it acted in a Legislative capacity, and, in case of a tie, gave the casting vote as presiding officer. This was pronounced unconstitutional in Governor Cosby's time, and thenec- forward the Legislative Council met without the Governor, and held its sessions in the city hall. The members ranked according to the date of their commissions. At first the Chief Justice presided, but his duties at the Supreme Court requiring his attendance, it was resolved that the senior councillor present should be President. In committee, the chairman had no voice. When acting as Legislative Councillors, their proceedings were very formal, and in many respects they imitated the House of Lords. Each member had the privilege of entering his dissent, and the reason at large on the min- utes, but could not vote by proxy. The messages from the Council to the Assembly were conveyed by one of their own members, at whose entrance the House rose and received the message standing. Their sessions were with closed doors. The minutes of the Legisla- tive Council were printed for the first time in 1861, by order of the State Senate.
A Councilior's title was " The Honorable." His name was inserted in all the commissions of the Peace as of the Quorum, whereby he was empowered to act as Justice of the Peace in any county within the Province. He held his office during pleasure, and served with- out salary. His position, nevertheless, was such, that he was enabled to secure for himself, his family and friends, large grants of land, which indemnified him for whatever time and labor he otherwise lost. The Surveyors-General of the Customs sat and voted as " extra- ordinary Councillors " within their District, during the time of their residence within such district.
312
MEMBERS OF THE COUNCIL.
COUNCIL OF THE PROVINCE OF NEW NETHERLAND.
1626.
Isaac de Rasieres,
Peter Blvvelt,
Jacob Elbertsen WissInek, Jan Jansen Bronwer, Symon Dircksen Pos, Reynert Harmansen.
1630.
Peter Blvvelt,
Reyuert Harmsen,
Jan Jansen Myudertsen Jacob Elbertson Wissinck, Symon Direksen Pos.
1636.
Jacob Jansen Hesse.
Martin Gerritsen (van- Bergen ), Andries Hadde, Jacques Bentyn.
Jan Claessen Bol,
Adriaen Keyser.
Nicasius de Sille,
Johannis La Montagne. 3 1657.
Nicasins de Sille. Peter Tomeman.
1673. Cornelis Evertse, Jacob Benckes, Anthony Colve. Abraham Van Zyil, 6 Cornelis Steenwyck, (Sept. 19).
COUNCIL OF THE COLONY OF NEW YORK.
YEARS.
COUNCIL.LORS.
YEARS.
COUNCILLORS.
1665
Thomas Topping.
1698
John Walley.
1665-67.
Robert Needham.
John Winthrop.
1665-72
Thomas Willett.
Jolin Youngs.
1567 - 7.3 ..
Thomas Delaval.
16.59.
Richard Panton. 8
1607-21.
Mathias Nicolls.
Theunis Roelofsen. 8
1665-69.
Ralph Whitefield.
1689.
Jan Demarest. 8
1600-73.
Cornelins Van Ruyven.
Daniel De Klercke. 8
1670 73.
Corrells Steenwyck.
Johannis Vermillye. 8
1671-73.
Thomas Lovelace.
1689.
Samuel Basall. 8
1672-79.
Jolin Laurence.
1699.
Peter De La Nov. 8
167 t-79.
Anthony Brockholles.
Gerardns Berckman.
1674-81.
William Dyre.
Peter De La Noy.
1075-25.
Frederick Phillipse.
1690.
Sammel Edsall.
1676-80.
William Darvall.
1690.
Hendrick Jansen (van Feurden)
1650-85.
Stephen Van Cortlandt.
1690
Wiltiam Laurence.
1683.
Jolin Yonugs.
1690.
Jacob Milborne.
1653-86
John Spragge.
1690.
Samuel Staats.
1653-66
Lucas Santen.
16900
Johannis Vermillye.
1653-5
Anthony Brockholles.
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