Geographical gazetteer of Jefferson county, N.Y. 1684-1890, Part 6

Author: Child, Hamilton, 1836- [from old catalog] comp; Horton, William H., [from old catalog] ed
Publication date: 1890
Publisher: Syracuse, N.Y., The Syracuse journal company, printers and binders
Number of Pages: 1384

USA > New York > Jefferson County > Geographical gazetteer of Jefferson county, N.Y. 1684-1890 > Part 6

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The II towns were divided by ballot between the company, August 5, 1796, Harrison and Hoffman receiving numbers 1, 4, 5, 8, and 10, or Houns-

LAND TITLES.

field, Champion, Denmark, Rodman, and Harrisburg, and 1,283 acres of Constable's, No. 2 (Worth), which had been added to make up the amount purchased, and was used in " making change "; Low received 2, 7, and II, or Watertown, Adams, and Lowville, with 1,576 acres of the present town of Worth ; and Henderson 3, 6, and 9, or Rutland, Henderson, and Pinckney, with 649 acres in Worth.

These proprietors disposed of their towns as follows : No. I was sold, the north half to Henry Champion and Lemuel Storrs, June 30, 1797, and the south part (15,913 acres) to Peter Kemble and Ezra Hounsfield, for $4,000, March 10, 1801, who sold to actual settlers through the agency of Elisha Camp. The sales of the north part will be given in our account of that town. Nos. 2, 7, and 11 were sold by S. Stow, M. S. Miller, and I. W. Bostwick, of Lowville, agents for Low. No. 3 was first partly conveyed to actual settlers by Asher Miller and Abel French, when the remaining interest of Henderson was conveyed to Dr. Isaac Bronson, of Greenfield, Conn., who gave its agency to his brother, Ethel Bronson, with whom it continued till death, when it was transferred to George White, who completed the settlements with settlers. No. 4 was sold to Champion and Storrs (with the north half of 1), and by N. Hubbard and A. Lathrop, agents, it was sold to settlers. No. 6 began to settle under the same agent as No. 3. In 1806 Jesse Hop- kins was appointed agent, and continued about 15 years. Certain lots, amounting to 5,716 acres, were sold to Isaac Bronson, June 10, 1807, for $10,003.44, and settled by the agents of the latter. No. 8 was settled for the proprietors by I. W. Bostwick, agent at Lowville. Harrison and Hoff- man continued tenants in common of 5, 8, and 10, until May 1, 1805. In July, 1809, an instrument was executed securing certain interests of Hoff- man to Thomas L. Ogden and Abijah Hammond, and on January 5, 1810, Hoffman conveyed to Harrison his interest in these towns.

The greater part of township 2 (Worth) fell to the share of Harrison and Hoffman. It was laid out by Medad Mitchell in 1795; and December 23, 1797, these proprietors made a partition, and Harrison conveyed the north half to Hoffman, who, July 16, 1798, made a conveyance to Daniel McCor- mick and Charles Smith, in trust, to sell and convey and to keep the money until certain debts were paid. Several subsequent transfers were made, which are not deemed of sufficient public interest to trace. The title to the south part remained with Harrison many years.

The boundaries of the Eleven Towns were surveyed by Benjamin Wright, in April and May, 1796, and the notes from his field book* formed the first accurate data possessed in relation to the country south of Black River.

The islands in the St. Lawrence River and Lake Ontario were included in the original contract to Macomb, with the state, of June 22, 1791, but from the uncertainty about the boundary they were not patented till long after.

* See Hough's History of Jefferson County, p. 64.

JEFFERSON COUNTY.

The claim of Macomb passed to Daniel McCormick, and was recognized by the commissioners of the land office January 28, 1814, when they directed the surveyor-general to survey such islands as were clearly within the limits of the state, at the expense of the owner, and a release of damage was to be granted, should the lands so laid out hereafter be included in Canada, upon the running of the boundary. McCormick sold his interest to D. A. and T. L. Ogden, which was also sanctioned by the commissioners, May 14, 1817. For running the boundary agreed upon by the treaty of Ghent Gen. Peter B. Porter was appointed commissioner and Samuel Hawkins agent for the United States, and John Ogilvie commissioner on the part of Great Britain, who met at St. Regis, and, after carefully ascertaining the line of 45° north latitude, by a series of astronomical observations, proceeded thence in two parties, one to Lake Champlain and the other up the river. In 1818 the lat- ter had reached Ogden's Island, and in 1819 their labors were completed. Patents were issued for the islands as follows :-

All the islands in the state, between a line drawn at right angles to the. river, from the village of Morristown, and a meridian drawn through the western point of Grindstone Island, to Elisha Camp, February 15, 1823. These islands contained 15,402.9 acres, of which Grindstone Island contained 5,291, Wells or Wellesly Island 8,068, and Indian Hut Island 369 acres, with several smaller ones without names. Patents were also issued to Camp on the same day to Stony Island, 1,536 acres; Calf Island, 34.8 acres; Little Galloe Island, 48.8 acres ; the most of Galloe Island, 2,216.2 acres ; and Willow Island, half an acre. A patent to the United States, for 30.75 and five acres on Galloe Island, was issued December 11, 1819, and to Melanch- thon T. Woolsey, November 3, 1823, for Gull Island, 6.5 acres, and Snake Island, 1.4 acres. Cherry Island, in Chaumont Bay, 108.4 acres ; Grenadier Island, 1,290 acres ; and Fox Island, 257.5 acres, were patented to Hezekiah B. Pierrepont and others October 1, 1824. Five hundred acres on the west- ern part of Carleton Island were patented to Charles Smyth, October 2, 1828. A partition deed was executed between Pierrepont, and Joshua Waddington and Thomas L. Ogden, November 10, 1824, by which the former received Grenadier and Cherry islands. They were sold February 19, 1825, for $7,000, to William and Gerardus Post, of New York. These islands had been occupied many years by squatters, who with great reluctance yielded possession. The jurisdiction of a part of Galloe Island was ceded by the legislature to the United States for a lighthouse, by an act of April 21, 1818; that of Tibbets Point (about three acres), January 25, 1827 ; that of Horse Island, April 26, 1831 ; and a part of Carleton Island, June 21, 1853. In: these cessions the state retains concurrent civil and criminal jurisdiction.

BENCH AND BAR.

BENCH AND BAR OF JEFFERSON COUNTY.

BY LUTHER J. DORWIN.

A review of the bench and bar of the county of Jefferson would be incom- plete without a brief history of the courts as existing at the time of its organ- ization, their origin, jurisdiction, their officers, and how they were appointed.

The tracing back the courts to their origin has required much time and patient investigation, and in the space limited for this article but little more than a brief synopsis of their history can be given. Reference to the source of authority will be given so that the reader whose curiosity may desire the details, and who may be interested in the judicial history of the state, can obtain the desired information.

The administration of justice in this county at the time of its organization and thereafter was part of the judicial system of the whole state, differing in many essentials from that now in force. It may be stated here that the source of information from which the writer has derived most of the facts here related is the account of the Judicial Organization of the State, and of its tribunals, from the time of its settlement by the Dutch in 1623 until the adoption of the state constitution of 1846, written by Hon. Charles P. Daly, one of the judges of the Court of Common Pleas of the city of New York, and published introductory in the first volume of E. D. Smith's report of cases argued and determined in the Court of Common Pleas of the city of New York.

Courts had existed in the colony of New York prior to 1682, but in that year Dongan was appointed governor. In Dongan the power to create courts was vested, as also the power to convene a general representative assembly, and one was convened to whom Dongan left the matter of creating the courts.

The Assembly met in 1683, and on October 30th of that year passed " The Charter of Liberties and Privileges granted by his Royal Highness to the in- habitants of New York and its dependences," a copy of which is in the appendix No. 2, of 2 Rev. Laws of 1813.

They also passed an act dividing the provinces of New York into 12 coun- ties, a copy of which is also in the foregoing appendix, marked No. 3. This was passed and approved November 1, 1683. On October 29, 1683, they passed an act to settle courts of justice, a copy of which is in the foregoing appendix, marked No. 4. The courts thus established were in operation to the year 1691. In 1688 Dongan was recalled and Lieutenant-Governor Nicholson acted as governor until the arrival of Governor Stoughton in 1691. In the same year he convened a representative assembly, and being under the impression that none of the acts of the General Assembly of 1683 and 1684 had been affirmed by James, and were therefore null and void, they passed an act for the general judicial organization of the province. By this.

JEFFERSON COUNTY.

act the present Supreme Court was created ; also justices of the peace in the several towns in place of town courts, and created a Court of Common Pleas for each county except New York and Albany ; and Courts of General Sessions of the Peace for each of the counties, and made the same provision for a Court of Chancery which had been made by the act of 1683. These courts thus organized continued down to the Revolution, and the adoption of the constitution of 1777, without material change. In a note to Judge Daly's article he says: "This act will be found in the first edition of the colonial laws printed by Bradford in 1694, the only perfect copy of which now sup- posed to exist is in the library of a private gentleman in New York. It has also been reprinted in the appendix to 2 Paine & Duer's Practice, 715." It is deemed of sufficient importance to reprint it here as an appendix to this article, together with the introductory remarks by Paine and Duer. By this act it was provided that there should be one judge with three justices in each county, appointed and commissioned to hold the same Court of Pleas, three whereof to be a quorum, " and that the several and respective courts hereby established shall have jurisdiction to hear, try, and determine all actions, or causes of actions, and all matters and things and causes tryable at the com- mon law of what nature or kind soever." It also provided that there should be appointed and commissioned for that purpose one clerk of the court to draw, enter, and keep the records, etc .; one marshal, or crier of the court, to call the jurors and proclaim the commands and orders of the court. It also established a Supreme Court of Judicature, and "that there be five justices at least appointed and commissioned to hold the same court, two whereof, together with one chief justice, to be a quorum," which Supreme Court " is hereby fully empowered and authorized to have cognizance of all Pleas, Civil, criminal, and mixt, as fully and amply to all intents and purposes what- soever as the Courts of King's Bench, Common Pleas, and Exchequer within their Majesties Kingdom of England have or ought to have."

And it was further provided "that all and every of the justices or judges of the several courts thereby established be and thereby were sufficiently empowered to make, order, and establish all such rules and orders for the more orderly practicing and proceeding in the said courts as fully and amply, to all intents and purposes whatsoever, as all or any of the said judges of the several courts of King's Bench, Common Pleas, and Exchequer in England legally do."

By this act a Court of Chancery was established, and it was provided " that the Governor and Council be the said High Court of Chancery, and have and keep the said court, and that the governor may depute, nominate, and appoint in his stead a Chancellor and be assisted with such other persons of the council as shall by him be thought fit and convenient, together with all necessary officers, clerks, and registers as to the said High Court of Chancery are needful."

These courts remained practically unchanged and constituted the judicial

BENCH AND BAR.

tribunals of the state down to the adoption of the first constitution of this state in 1777. This constitution made no change in the organization or jurisdiction of either of these courts. It provided for the appointment of all their officers,-that of chancellor, judges of the Supreme Court, and the first judge of every County Court by the governor, and to hold their offices during good behavior, or until they shall respectively attain the age of 60 years ; that sheriffs and coroners be thus annually appointed, but no one person to hold either of said offices more than four years successively; that the registers and clerks in chancery be appointed by the chancellor, the clerks of the Supreme Court by the judges of said court ; all attorneys thereafter to be appointed by the court and licensed by the first judge of the court in which they shall respectively plead or practice, and be regulated by the rules and orders of the said courts. It further provided that new commissions shall be issued to judges of the county courts (other than to the first judge) and to justices of the peace, one at least in every three years. By this constitution a court for the trial of impeachments and the correction of errors was for the first time established,-familiarly known as the "Court of Errors,"-which continued as thus organized until the constitution of 1846.

The counties of Jefferson and Lewis were organized in one act passed March 28, 1805. In this act were the following provisions, viz .: Sec. 4. " And be it further enacted, That there shall be lield in and for the said counties of Jefferson and Lewis, respectively, a Court of Common Pleas and General Sessions of the Peace, and that there shall be two terms of the said courts in each of the counties respectively in every year, to commence and end as follows, that is to say: The first term of the said court in the said county of Jefferson shall begin on the second Tuesday of June in every year, and may continue to be held until the Saturday following, inclusive, and the ' second term of the said court in the said county of Jefferson shall begin on the second Tuesday in December in every year, and may continue to be held until the Saturday following, inclusive. Similar provisions as to Lewis County. And provided further, That the first of the said courts in each of the said counties should be held on the second Tuesday of December next. Sec. 9. And be it further enacted, That no Circuit Court, or Court of Oyer and Terminer, and General Gaol delivery shall be held in either of the said counties of Jefferson and Lewis until the same shall, in the opinion of the justices of the Supreme Court, become necessary."

The courts as thus organized continued until the adoption of the second constitution of this state, which took effect January 1, 1823. By this consti- tution the Supreme Court consisted of a chief justice and two justices. It further provided that the state be divided by law into a convenient number of circuits, not less than four nor exceeding eight, subject to alteration by the legislature from time to time, as the public good may require ; " for each of which a circuit judge shall be appointed in the same manner and hold his office by the same tenure as the justices of the Supreme Court, and who shall.

JEFFERSON COUNTY.

possess the powers of justices of the Supreme Court at chambers, and in the trial of issues joined in the Supreme Court ; and in courts of Oyer and Terminer and gaol delivery and such equity powers may be vested in said circuit judges, or in the county courts, or in such other subordinant courts as the legislature may by law direct, subject to the appellate jurisdiction of the chancellor." It further provided that the judges of county courts should hold their offices for five years.

Under this constitution an act was passed by the legislature of this state, April 17, 1823, dividing the state into eight circuits, corresponding with the then senatorial districts, and providing for the appointment of judges for said circuits, and defining their powers and jurisdiction. By this act it was further provided that the said circuit judges shall have, within the limits of their re- spective circuits, concurrent jurisdictions with the chancellor of this state of all matters and causes in equity of every description and character, subject, however, in all cases, to the appellate jurisdiction of the chancellor. The courts thus organized remained uncharged down to the constitution of 1846.

On the 11th day of December, 1805, the following persons took and filed their oaths as attorneys before Henry Coffeen, clerk, viz .: Augustus Sacket, Moss Kent, Samuel C. Kannady, Benjamin Skinner, and Egbert Ten Eyck. And on the 11th day of June, 1806, Elisha Camp took and filed his oath as such, and on the 10th day of December, 1806, Thomas Y. Howe did the same. Augustus Sacket was appointed first judge of the Common Pleas, and on the 25th day of March, 1807, he qualified as such by taking and filing the follow- ing oaths, which, as a specimen of what was required, not only by attorneys, but by all office-holders, are given here, viz .:-

"I, Augustus Sacket, do solemnly and sincerely swear and declare that I will support the Constitution of the United States.

" AUGUSTUS SACKET.

"Taken and subscribed this 25 day of March, 1807, before me, Perley Keyes, one of the Judges of the Court of Common Pleas in and for the County of Jefferson."

"I, Augustus Sacket, do solemnly, without any mental reservation or equivocation what- soever, swear and declare that I renounce and abjure all allegiance and subjection to all and every foreign king, prince. potentate, and state in all matters, ecclesiastical as well as civil, and that I will bear faith and true allegiance to the State of New York as a free and independent State.

" AUGUSTUS SACKET.

"Taken and subscribed this 25 day of March, 1807, before me, Perley Keyes, one of the Judges of the Court of Common Pleas in and for the County of Jefferson."

"I, Augustus Sacket, do solemnly swear and declare that I will, to the best of my know- ledge and ability, execute the office of First Judge of the Court of Common Pleas in and for the County of Jefferson, according to the constitution and laws of the State of New York, in defence of the freedom and independence thereof, and for the maintenance of liberty and the distribution of Justice among the citizens of the said state without any fear, favor, partiality, affection, or hope of reward.

" AUGUSTUS SACKET.

"Taken and subscribed this 25 day of March, 1807, before me, Perley Keyes, one of the Judges of the Court of Common Pleas in and for the County of Jefferson."

BENCH AND BAR.

The first term of the County Court, of which there is any record, was held on the second Tuesday of May, 1807, at the school-house next south of Jonathan Cowan's mill, in the town of Watertown. Present, Augustus Sacket, first judge ; Joshua Bealls, Perley Keyes, judges ; Thomas White, assistant justice.

Samuel Whittlesey was at this time district attorney. The attorneys who appeared in court at this time were Isaac W. Bostwick, Samuel C. Kannady, Benjamin Skinner, Elisha Camp, Samuel Whittlesey, and John Kirkland. As at this time no judgments were entered on default in vacation the record was a very good indication of the business and standing of attorneys.

The next term of the court was held at the same place on the second Tuesday of August, 1807, before the same judges. At this term the name of Thomas Y. Howe, Amos Benedict, and Moss Kent appeared as attorneys on the record. At this term of the court the gaol liberties were estab- lished, and also the following order was entered, viz .:-

"Ordered that the present rules of the Supreme Court of Judicature of the State of New York for the admission of attorneys and counsellors be adopted by this conrt, except the dis- tinction between attorneys and counsellors, and excepting that attorneys and counsellors from other states shall not be admitted to practice as attorneys or counsellors of this court unless such attorney or attorneys, counsellor or counsellors, shall produce a certificate from a regu- larly practicing attorney of this court of having served a regular clerkship for the term of three years in the office of said attorney."

The records of the court were often imperfectly kept. At some of the terms there is no record of the judges holding the same; and until about the year 1815 there is no record of any order admitting attorneys to practice. Their names have been obtained from their oaths as such, found on file, and, in some instances, from their appearing upon the records in the trial of cases as such attorneys. In the Supreme Court an attorney was required to prac- tice three years before he could be admitted to practice as a counselor. The admission as attorney did not entitle him to try or argue causes in court. But in the Common Pleas the admission as attorney was also an admission to practice as counselor.

The knowledge of the courts, by whom held, both of the Common Pleas and of the Supreme Court, now possessed by the community, is derived wholly by tradition, and is very indefinite. As much speculation and curi- osity is often manifested as to the same it is deemed proper to give here the terms of the courts, and when and by whom held, both of the Common Pleas and the Supreme Court, from the organization of the county in 1805 to the time the constitution of 1846 went into operation; the names of the attorneys admitted during that time; and the various officers of the court, so far as may be gleaned from the records. The acts of the legislature chang- ing the time of holding the terms is not noticed, being essential only as ac- counting for the variation from the act of organization of the courts.

First, to continue the history of the Common Pleas and General Sessions.

JEFFERSON COUNTY.

December Term, 1807 .- Joshua Bealls, Perley Keyes, judges ; Thomas White, Lyman Ellis, William Hunter, assistant justices.

May Term, 1808 .- Augustus Sacket, first judge; Joseph Clark, Thomas White, Lyman Ellis, judges.

August Term, 1808 .- Joshua Bealls, Joseph Clark, Thomas White, Lyman Ellis, judges.

December Term, 1808 .- Augustus Sacket, first judge ; Joseph Clark, Joshua Bealls, Lyman Ellis, Thomas White, judges.

May Term, 1809 .- Same as December term, 1808, at school-house south of Jonathan Cowan's mill.

July Term, 1809 .- Court-House. Joseph Clark, Thomas White, Lyman Ellis, judges ; Curtis Hinds, William Hunter, assistant justices.

October Term, 1809 .- Joshua Bealls, Thomas White, Lyman Ellis, judges.

March Term, 1810 .- Joshua Bealls, Thomas White, Joseph Clark, Lyman Ellis, judges.

July Term, 1810 .- Moss Kent, first judge, appeared and took his seat on Thursday. Other judges not named.

October Term, 1810 .- Moss Kent, first judge ; Joshua Bealls, Joseph Clark, Thomas White, Lyman Ellis, judges.

March Term, 1811 .- Moss Kent, first judge ; Joseph Clark, Thomas White, judges.

July Term, 1811 .- Moss Kent, first judge ; Joseph Clark, Thomas White, judges.

October Term, 1811 .- Moss Kent, first judge; Joseph Clark, Joshua Bealls, Lyman Ellis, judges.

March Term, 1812 .- Moss Kent, first judge ; Joseph Clark, Thomas White, Joshua Bealls, Lyman Ellis, judges.

July Term, 1812 .- Moss Kent, first judge ; Joseph Clark, Thomas White, Joshua Bealls, Lyman Ellis, judges.

October Term, 1812 .- Moss Kent, first judge ; Joseph Clark, Eliphalet Edmonds, judges.

March Term, 1813 .- Moss Kent, first judge ; Joshua Bealls, Lyman Ellis, Abel Cole, judges.

July Term, 1813 .- The only caption to the proceedings at this term is simply as July Term, 1813, and no date can be found in any of the proceed- ings. But in the records of the General Sessions held at the same time the following names appear: Ethel Bronson, John Brown, Noadiah Hubbard, Jabez Foster, judges.

October Term, 1813 .- Moss Kent, first judge; Ethel Bronson, Jabez Foster, judges.

March Term, 1814 .- Jabez Foster, John Brown, Noadiah Hubbard, judges.

July Term, 1814 .- Moss Kent, first judge; Jabez Foster, Ethel Bronson, . judges.

BENCH AND BAR.

October Term, 1814 .- Jabez Foster, Noadiah Hubbard, Wolcott Hub- bell, William Baker, judges.

March Term, 1815 .- Joshua Bealls, Joseph Clark, Lyman Ellis, Abel Cole, judges.

July Term, 1815 .- Present, Joshua Bealls, Joseph Clark, Lyman Ellis, Samuel Whittlesey, judges.

October Term, 1815 .- Present, Moss Kent, first judge ; Joshua Bealls, Joseph Clark, Lyman Ellis, Abel Cole, judges.

March Term, 1816 .- Present, Joseph Clark, Joshua Bealls, Lyman Ellis, Eliphalet Edmonds, judges.

First Tuesday in July, 1816 .- Joseph Clark, Joshua Bealls, Lyman Ellis, judges. The attorneys of record at this term were C. E. Clarke, Amos Hol- ton, M. Sterling, H. Emerson, T. C. Chittenden, S. Beardsley, J. Butterfield, Ten Eyck & Channing (admitted March 12, 1812), Ely & Camp, D. W. Bucklin, G. Smith, L. Munson, B. Wright, I. W. Bostwick, Bostwick & Tal- cott, A. Lathrop, Wardwell & Rossiter, Ela Collins, J. P. Rossiter.

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Geographical gazetteer of Jefferson county, N.Y. 1684-1890, Part 6

Author: Child, Hamilton, 1836- [from old catalog] comp; Horton, William H., [from old catalog] ed Publication date: 1890 Publisher: Syracuse, N.Y., The Syracuse journal company, printers and binders Number of Pages: 1384

Author: Child, Hamilton, 1836- [from old catalog] comp; Horton, William H., [from old catalog] ed
Publication date: 1890
Publisher: Syracuse, N.Y., The Syracuse journal company, printers and binders
Number of Pages: 1384