USA > New York > Courts and lawyers of New York; a history, 1609-1925, Volume I > Part 26
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Albany (1686-90). He supported Leisler, and was one of the last to yield, doing so in order to bring unity of action against the French. He commanded the expedition against the French on Lake Champlain in 1691 ; was second in command of the campaign against Montreal in 1709, and went to Eng- land with five Indian chieftains in 1710 to awaken the gov- ernment to the need of vigorous measures against the French.4 He was acting governor of New York in 1719-20. He pre- sided in the first Court of Sessions held in Albany, and was the first county judge appointed (1691). He died in 1724. Much might be written here of others of the Schuyler family of later generations, and many references will necessarily have to be made in later chapters, for the Schuyler name crops out prominently in connection with some of the most interesting history of New York State, and its capital, Albany. Colonel Peter Schuyler (1710-1762) was in command at Oswego, against the French, in 1756; Major-General Philip John Schuyler was chosen to represent Albany in the first Con- tinental Congress in 1774, and was one of the first major- generals commissioned in the next year. His distinguished war record cannot, however, be given space here.
Goosen Gerritsen van Schack (Schaack, Schaick, Schayck) was of a family for long thereafter connected with Albany.
interval of four years, until 1679. At that ime this was a high office, bestowed only upon citizens of the highest character. This brought him into contact with the Governor and his Council, with whom he corre- sponded. He accumulated a large landed estate lying in and about Albany, and in the city of New York. He died in May, 1683, leaving a will now on file in the office of the Clerk of the Court of Appeals. He had ten chil- dren, eight of whom survived him (two, the eldest-born son and a daughter having died in infancy or youth) five sons and three daughters .- Werner, in "New York Civil List," 1888 edition, footnote of page 220.
4. During the long and bloody wars between France and England, which followed the English Revolution, the status of the Six Nations (Indian) as subjects of Great Britain was stubbornly contested by the French. They strove in every way to seduce the league from their allegiance, and that they failed signally was largely due to the influence of Colonel Peter Schuyler, a Dutchman, and the first mayor of Albany. Schuyler had suc- C.&L .- 18
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Gerrit van Schaick was sheriff of Albany in 1719; Goosie van Schayck held the same responsibility 1728-31 ; and Jacob van Schaick in 1759-61. Levinus van Schaick was a member of the First General Assembly, 1691, representing Albany. Sybrant Goose van Schaick was judge of the County Court of Albany in 1758-62. Gosen van Schaick (1737-87), of Albany, was a distinguished soldier of the Revolution, rising to the rank of brigadier-general of the regular army and commanding the expedition against the Onondaga Indians in 1779.
Evert Wendel, Albany schepen, was orphan master at Fort Orange in 1657. One Johannis Wendell is listed as a commis- sioner of Indian affairs in 1690, an Evert Wendel of a later generation being appointed Indian commissioner in 1724. Brandt van Schlechtenhorst (Slechtenhorst) was commissary for Johann van Rensselaer at Rensselaerswyck, succeeding Van der Donck as hoofd officier in Stuyvesant's time.
David Schuyler, a schepen of Wellemstadt in 1673, was perhaps a brother of Philip Pietersen Schuyler. He lived in Albany from about 1650 to 1688, death coming soon after the latter year. His will, dated May, 1688, refers to eight chil- dren, five sons and three daughters. His wife was Catalyn Verplanck, whom he married in New York City in 1657. He was a merchant and took little part in public affairs, being a magistrate for only one term. Peter Bogardus is shown as Indian commissioner in 1690.
Thomas Chambers and Gysbert van Imbrock, schepens of
ceeded to the position of Van Curler in the estimation of the Indians. Whatever "Quidder," as they called him, recommended or disapproved of had the force of law. He gained his power by repeated acts of kindness, and his singular activity and bravery in defence of the province. His house at Albany was the headquarters of the confederates when they vis- ited the city, and he seriously impaired his private fortune by the gifts which he lavished on their chiefs. Finally, in 1710, he at his own expense con- ducted five Mohawk warriors to England, to lay before Queen Anne the necessity for more active measures against the French. They were re- ceived with every attention, presented at court with great solemnity, and their presence in the kingdom formed the nine days' wonder of the time .- Werner, "New York Civil List," 1888 edition, p. 195.
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Wiltwyck, represented that town at the convention of dele- gates of Dutch towns in April, 1664. Wessel Ten Broeck, schepen of Swaenenburgh, was of a prominent Albany or Rensselaerswyck family. Dirck Ten Broeck was mayor of Albany in 1746, and Abraham Ten Broeck in 1779 and 1796. The latter had been a member of the last General Assembly under the British rule, and was a deputy to the first Provin- cial Congress, 1775. He also served two terms as county ยท judge. Abraham and John Ten Broeck were members of the first commission (1792) constituted to consider the manip- ulation of New York waterways between the Erie and Cham- plain lakes and the headwaters of the Hudson River. And the name Ten Broeck has several times been upon the reg- isters of the State legislative houses.
Cornelis Wyncoop, schepen of Swaenenburgh, was of the Rensselaerswyck (Albany) family, Peter Wyncoop having settled in that manor in 1639, coming from Utrecht, Holland. Dirck Wyncoop was a delegate to the convention which rati- fied the United States Constitution.
Of the magistrates of Breuckelen (Brooklyn), more is known. Jan Evertsen Bout has already been more than once referred to. Frederick Lubbertsen was delegate from Brook- lyn to the memorable convention of 1653, also that of 1663; he was a member of the first citizen's body, the Board of Twelve Men, in 1641. Albert Cornelissen Wantenaer and William Bredenbent were delegates from Breuckelen to the convention of Dutch towns in February, 1664, and again in April. Peter Cornelissen was of the Board of Nine Men in 1652, referred to as "the miller." Joris Rapelje (Joris Jansen de Rapalje) was among the Walloons who came in 1623, and among those who settled at Wallabout, founding Breuckelen. He bought 335 acres near Wallabout in 1637, but lived in New Amsterdam for many years thereafter, going to Breuckelen some time before 1655. George Rapalje was a member of the Board of Twelve Men in 1641. Thomas Verdonck and
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Teunis Gysberts Bogaerts were delegates from Brooklyn at the convention of February, 1664. Bogaerts and Rapelje were also at the last convention under the Dutch regime, that of March 1674.
Jan Stryker, magistrate of Midwout, has been referred to. Several of the Hegeman family have come into public office. Adriaen Hegeman was at the convention of 1664, representing Flatlands. Another Adriaen Hegeman was clerk of Kings County from 1726-1750; others have been elected to the Gen- eral Assembly.
Thomas Swartwout, a schepen of Midwout, later Flatbush, was one of the original settlers at that place. He was mar- ried to Kendrickjen Barents in Amsterdam, Holland, in 1631, and came with his wife and family to New Netherland twenty years later. In 1651 he was granted, by letters patent, one hundred and sixteen acres of land at Midwout; and on April 13, 1655, was appointed a schepen of the Midwout court. He represented Flatbush in the convention of 1653. No less than sixteen of his descendants served in the Revolutionary War, in grades from that of private to brigadier-general; and many have come into prominent public office in New York State. One John Swartwout was marshal of the United States for the New York District in 1801 ; he was a sachem of the Tam- many Society at the time Aaron Burr was Vice-President; De Witt Clinton was as bitter a political opponent of Swart- wout as Burr was of Hamilton; the two former exchanged five shots from the same pistols that Burr and Hamilton fought with, the latter duel, however, being attended by more regrettable result, in the mortal wounding of the great Alex- ander Hamilton. The whole Swartwout family seemed to have part in the intense political strife of that period ; Samuel Swartwout was one of the central figures of a sensational case in 1806-07, having been arrested with Bollman, by order of President Jefferson, for alleged treason, and as accomplices of Aaron Burr in the latter's alleged conspiracy ; another
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Swartwout-Robert-fought a duel, in 1803, with Richard Riker, district attorney, who was wounded. A later Samuel Swartwout, who was collector of the Port of New York, took advantage of the financial chaos that followed the political attack on the Bank of the United States by Andrew Jackson, by abstracting public moneys, the defalcations being brought to light by the Secretary of the Treasury of the Van Buren administration, in 1838. Another Samuel Swartwout comes into United States records in a more favorable light, Com- mander Samuel Swartwout being referred to in a message to Congress from President Abraham Lincoln, who hoped that a vote of thanks would be passed to Swartwout for his gal- lantry in successful naval operations under Farragut, in 1862.
Peter Lott, one of the early magistrates of Midwout, was the first of that family to come into New York records. Johannes Lott was judge of Kings County Court in 1742. Abraham Lott succeeded him in 1745. Johannes E. Lott was appointed in 1793, and served until 1805, and a still later generation of the Lott family to be elevated to the Kings County Court bench being John A. Lott, in 1838, who became a justice of the Supreme Court. William Jacobse(n) van Boerum, magistrate of Midwout, was a delegate from that village to the convention of February, 1664; William Guil- liamsen was a delegate at the next convention in that year ; and Auke Janse(n) represented Flatbush in the last Dutch convention, that of March, 1674.
John Coe, schepen of Middleburgh (Newtown), was one of the leaders of a considerable force of Long Island settlers, of English families, who marched through Long Island in the autumn of 1663, changing the names of towns, deposing mag- istrates and appointing new ones, and proclaiming King Charles II as ruler. In the compromise which followed this unrest, the English towns of Long Island were to all intents released from Dutch rule, also from interference by any other American government. During the winter that followed the
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towns of Heemstede, Gravesend, Flushing, Newtown and Jamaica united, for mutual protection, with John Scott as president. In the next year the whole of New Netherland passed to the English. John Coe was a delegate from New- town to the convention of March, 1665, called by the English governor to reorganize local government. Richard Betts was also a delegate. John Coe, possibly of the next generation, was sheriff of Queens County in 1689, and several of the family have been judges of Queens County Court-John Coe, 1699-1702; 1710-23; Benjamin Coe, 1793-1806. Robert Coe who was one of the first magistrates (schepens) of Middle- burgh (Newtown), was appointed sheriff of Yorkshire in 1669, that district or sheriffalty comprising the whole of Long Island, Staten Island, and part of the present county of West- chester ; Richard Betts was the first sheriff (1665-69).
John Townsend, who was one of the first magistrates of Flushing, has been represented with Thomas Townsend through the many generations in an Oyster Bay family, a scion of which family, James Townsend, was a mem- ber of the first Board of Regents of the University of the State of New York. The famous John Underhill, associate of John Townsend, as magistrate of Flushing, is believed to have died at Oyster Bay about 1672. John Palmer, Thomas Hunt and two others represented Westchester in the first General Assembly, 1683. William Lawrence, a schepen of Flushing, came from Great St. Albans, Hertfordshire, Eng- land, in 1635, and settled at Flushing, becoming one of the largest land owners at that place. He married Elizabeth Smith, who subsequently became the wife of Sir Philip Car- teret, who founded Elizabethtown, New Jersey. John Law- rence was Puisne judge of the Colonial Court of New York in 1693-98. He was mayor of New York in 1673 and 1691. Thomas Lawrence was a member of the first Board of Regents of the University of the State of New York, 1784; and John Lawrence, who was an additional regent in the same year,
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was the second judge of the United States District Court of New York District, being appointed in 1794. Nathaniel Law- rence succeeded Aaron Burr as attorney-general of New York. John Hicks, schepen of Flushing, represented that town in two conventions in 1653, and Hempstead in 1664. Thomas Hicks was the first county judge of Queens County, 1691-99. Richard Woodhull, schepen in 1673 of Seatalcot, was prob- ably the delegate of that name who attended the convention of September, 1673, representing Brookhaven. Richard Pan- ton, a schepen of Westchester in 1673, was probably the Richard Ponton, who represented Westchester in the First General Assembly, that of 1683.
More regarding these early magistrates and their descen- dants will probably be stated in later chapters, particularly in those reviewing the history of jurisprudence in the depart- ments and county divisions.
SCHOUTS OF MUNICIPAL COURTS.
In general, the magistrates were chosen more on account of their standing in the community than because of their knowledge of law. Some were, or became, well versed in Dutch law, but as a rule the magistrates relied upon the schouts to make clear the points of law. The schouts were more acquainted with professional practice; at least some of them were. Some were Doctors of Law, though some evi- dently graduated from the magistracy. Enough has already been written regarding the duties of a schout to make a reiter- ation here unnecessary. The schouts of municipal courts outside New Amsterdam during the Dutch period were:
Rensselaerswyck-Jacob Albertsen ver Planck, Adriaen van der Donck, Nicolas Coorn, Gerrit van Slechtenhorst, Cornelis Teunissen, and Gerrit Swart.
Esopus-Roeloff Swartwout, Mattys Capito, William Beeck- man, and Isaac Gravenraet.
Haarlem-Johannes la Montagne, and Resolved Waldron. Westchester-Thomas Wheeler.
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Breuckelen-Jan Teunissen, David Prevoost, Peter Tonneman, Peter Hegeman, Adriaen Hegeman, and Jacob Stryker.
Flushing-William Harck, John Underhill, John Hicks, Wil- liam Hallett, Tobias Feke, and John Mastine.
Fort Orange-Jan Daniels, Jacob Teunissen, and Hans Vosch. Willemstadt and Rensselaerswyck-Andrew Draeyer.
Schanegtade-Jan Gerritsen van Marcken.
New Orange, 1673-Anthony de Milt.
New Utrecht-Nicasius de Sille.
Gravesend-James Hubbard, Richard Gibbons, John Morris, John Cooke, and Charles Morgan.
Middleburgh-Thomas Newton, Elias Bagley, and Thomas Pettit.
The Five English Towns-William Lawrence, and Francis Bloodgood.
South Seatalcot, Huntington, and East Southold, 1673-Isaac Arnold.
Staten Island, 1673-Peter Biljou.
Some are familiar names. Adriaen van der Donck, for instance, has been the subject of extensive writing in other chapters. So, also, have Johannis la Montagne, David Pre- voost, Joachim Pietersen Kuyter, Nicasius de Sille, all of whom were learned in the law. Some have been noticed as magistrates : William Beeckman, John Underhill, John Hicks, James Hubbard, William Lawrence and others. Peter Ton- neman resigned the schoutship of Breuckelen court to preside as schout over the New Amsterdam court in 1660. Resolved Waldron was one of the two commissioners sent to Maryland in 1660 by Governor Stuyvesant, to remonstrate with that province for invading the rights of the West India Com- pany on the Delaware. These negotiations were marked by ability and tact on the part of the Dutch commissioners. Ger- rit Swart was the second sheriff of Albany (1668), and An- drew Draeyer succeeded him in 1673, for the brief period of Dutch occupation. Isaac Arnold was the first county judge of Suffolk County, appointed in 1693, and serving until 1707.
One schout has not been listed in the foregoing, for the
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reason probably that Bergen (Jersey City) is in New Jersey. It was in New Netherland, however, in 1661, when Tielman van Vleck was appointed schout of Bergen court, which had the distinction of introducing burgher government in what is now New Jersey. His commission is dated September 15, 1661.5 From this instrument it is learned that he was for- merly a notary public in New Amsterdam. And an ordi- nance of the Director-General and Council creating this Schepens Court is informative as to the scope of the municipal courts.6 The first magistrates of Bergen were: Michel Jan- sen, Harman Smeeman and Caspar Stynmets. Michael Jan- sen was one of the founders of Bergen, and had earlier been in Pavonia. Tielman van Vleck tried to get a grant of land "behind Gemoenepaen" (Communipaw) in 1660, but failed.
5. Whereas, it is requisite to preserve justice in the village of Bergen, situated on the west side of the North River, in New Netherland, that a well qualified person officiates there as Sheriff, for which office being recom- mended to us the person of Tielman van Vleck, Notary Public within this city; so it is that we, having a full confidence in his abilities, virtue and talents, commissioned and appointed him, so as we do by this, as Sheriff of the aforesaid village to officiate in that capacity in the aforesaid place and its Districts, in conformity with the instruction which he has al- ready received, or which he may receive in future, and in conse- quence of it to bring to justice every transgressor of any political, civil or criminal laws, ordinances and placards, and to have them mulcted, executed and punished with the penalty comprehended in these, to promote that by his directions and denunciations all criminal cases and miscon- ducts may be brought to light, decided with speed, and all judgments executed without delay, and further to act in this respect in such manner as a good and faithful sheriff is in duty bound to do on the oath which he has taken. We therefore command the Schepens and all the inhabitants within the district of the aforesaid village to acknowledge the said Tielman van Vleck for our officer and sheriff, and to procure him in the exercise of his office, all possible aid whenever it is required, as we deem this beneficial to the service of the country and serviceable to the promotion of justice.
Issued September 15th, 1661.
6. . . . That their Honors do not hope or wish for anything else than the Prosperity and Welfare of their good inhabitants in general and in par- ticular the good people residing in the village of Bergen, situate on the West side of the North River, and that in order that such may be effected and preserved with greater love, peace and amity, and to manifest and to prove in deed to every inhabitant of above-mentioned village the effect thereof,
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Herman Smeeman and Engelbert Steenhuysen represented Bergen at the April, 1664, convention of Dutch towns. In July, 1665, after Governor Carteret had established his seat of government at Elizabeth, the Bergen court was reorgan- ized, the judge appointed being : Nicholas Verlett, president ; Caspar Steinmets, Harman Smeeman, Elias Michelse (Vree- land) and Ide van Vorst, members; Hans Diedericks, con- stable. In 1668 Caspar Steinmets and Balthazar Bayard were elected from Bergen to the First Provincial Assembly. In 1672 England was at war with Holland, and on August 10, 1673, "the Holland and Zealand fleets captured the fort at New York, in the name of their High Mightinesses, the Lords States General of the United Netherlands." The fort was renamed Fort William Hendrick, and New York City became New Orange. On August 12, 1673, a demand to surrender
the Director-General and Council aforesaid, considering the increase and population of said village, have therefore.
Resolved to favor its inhabitants with an inferior Court of Justice, and to constitute it as much as possible, and as circumstances of the country will permit, according to the laudable custom of the City of Amsterdam in Hol- land, but so that all judgments shall be subject to reversal by and on appeal to the Director-General and Council of New Netherland, to be by their Honors finally disposed of.
In order that all things there may be performed with proper order and respect, it is necessary to choose as Judges honest, intelligent persons, owners of real estate, who are lovers of peace, and well affected subjects of their Lords and Patroons, and of their Supreme Government established here, promoters and professors of the Reformed religion, as it is at present taught in the Churches of the United Netherlands, in conformity to the Word of God, and the order of the Synod of Dortdrecht. Which Court of Justice for the present time, until it shall be herein otherwise ordained by the said Lords Patroons, or their Deputy, shall consist of one Schout being on the spot, who shall, in the name of the Director-General and Council, convoke the appointed Schepens and preside at their meeting; and with him three schepens by which office are, for the present time and ensuing year, commencing the 20th of this month, elected by the Director-General and Council : Michael Jansen, Harman Smeeman and Caspar Stynmets.
Before whom all matters touching civil affairs, security and peace of the inhabitants of Bergen, also justice between man and man, shall be brought, heard and examined, and determined by definitive judgment to the amount of fifty guilders and under without appeal. When the sum is larger, the aggrieved party shall be at liberty to appeal to the Director-General and Council aforesaid, provided that he enters the appeal within the proper time
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was sent to "the village of Bergen and the Hamlets and Boueries thereon depending." This they were not reluctant to do. Soon, from a list of chief citizens of Bergen the authorities at New Orange chose five to constitute a new court. They were: Claes Arentse Toers, schout and secre- tary; Gerrit Gerrits van Wageningen, Thomas Fredericks, Elias Michelsen Vreeland and Peter Marcellissen, schepens. Three days later, at New Orange, these magistrates took the oath of allegiance7; and on August 27, 1673, the commander and council of war came over from Orange to organize the town militia. Caspar Steinmets was appointed captain, not- withstanding that a petition was sent to the Council "request- ing substantially that Caspar Steinmets may not be allowed any more privileges than were granted him under Mr. Stuy- vesant's government." In March, 1674, a proclamation was issued by Governor Colve, stating that "the fortifications of the
and gives security, according to law, for the principal and costs of suit. . In order to provide the good inhabitants of Bergen with cheap and inoppressive justice, the Schout as President, and the Schepens of the Court, must, for the convenience of parties, appear on the Court day, and at the place appointed on pain of forfeiting Twenty Stivers, at the disposition of the board; they being notified at least twenty-four hours before the Court day to appear, by the Court Messenger to be appointed by the Director- General and Council: and double as much for the President unless excused
by sickness or absence. Whereas, it is customary in our Fatherland and other well regulated Governments that some change be made annually in the Magistracy, so that some new come in, and a few continue in order to inform the new, the Schepens now appointed shall pay due attention to the conversation, Demeanor and fitness of honest persons, inhabitants of their respective villages, in order to be able about the time of changing or elec- tion, to furnish the Director-General and Council with correct informa- tion as to who may be found fit, so that some may be then elected by the Director-General and Council.
Dated September 5, 1661 .- See Ordinances of Director-General and Council of New Netherland
7. Whereas, we are chosen by the authority of the High and Mighty Lords of the States General to be Magistrates of the Town of Bergen, we do swear in the presence of Almighty God to be true and faithful to said authority, and their Governors for the time being, and that we equally and impartially shall exercise justice between party and parties, without regard to parties or Nations, and that we shall follow such orders and instructions as we from time to time shall receive from the Governor and Council.
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