USA > New York > Columbia County > History of Columbia County, New York. With illustrations and biographical sketches of some of its prominent men and pioneers > Part 14
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After discussing the main question of the controversy, he adverted especially to Mr. Talmadge's statement that it was the Democrats who had changed position while he him- self had remained consistent. By way of testing the truth of this declaration he turned to the Whigs on the platform, and addressing each in turn, asked who it was that had changed,-whether it was themselves or the senator who had been opposed to them in the late presidential contest, but was now their political friend and champion ? Finally, addressing the chairman of the meeting, the venerable Mr. - Gilbert, he said, in a tone of mingled compliment and expostulation, " And you, sir ; have you changed ?" and the honest and straightforward old man vehemently answered, " No!" Mr. Tilden skillfully availed himself of this dec- laration of his old neighbor and friend, and used it against the senator with such telling offeet that the meeting, which had been called in the interest of the Whigs, was turned to the advantage of their enemies, and the young opponent of Senator Talmadge had achieved great popularity with the Democracy of his native county. Two years later, Oct. 3, 1840, at New Lebanon, Mr. Tildeo made another speech
of remarkable power, which is yet well remembered and often mentioned by the older residents of the county.
In 1839 the question of the election of mayors by the people was submitted to the electors of the county, result- ing in a vote of four thousand seven hundred for, and three against the proposition.
In the memorable presidential contest of 1840 the county was Democratic, though not strongly so,-the number of votes given for the Van Buren electors being four thousand four hundred and seventy-eight, as against four thousand two hundred and ninety for the Harrison ticket,-a plurality of one hundred and eighty-eight. For governor, William C. Bouck, Democrat, received four thousand five hundred and seventeen votes, against four thousand two hundred and seventy-two cast for Seward, -- two hundred and forty-five plurality. There were five anti-slavery votes cast in this election, these being the first of that politieal complexion cast in the county.
The first reference to the existence of an anti-slavery sentiment in Columbia county is an account of an unsuccess- ful attempt to hold a meeting of that description in the city of Hudson in November, 1835. Two and a half years later (April 26, 1838), a large anti-slavery meeting was held in the Baptist church in the same eity, and was " addressed by James G. Birney, late a slaveholder in Kentucky," and H. B. Stanton, both these gentlemen then being secretaries of the National Anti-Slavery Society, and Mr. Birney being afterwards the candidate of the Liberty party for President of the United States.
At that meeting (the eall for which was headed by Cap- tain Alexander Coffin, Rev. John Lester, and Nathaniel Pinne) the Columbia County Anti-Slavery Society was formed and organized by the choice of the following officers, viz .: President, Henry P. Skinner; Vice-Presi- dents, Rev. Charles Lester, Alexander Coffin (then ninety- eight years of age), Rev. Peter Prink, Dr. - Dorr, Harvey Gott, Martin Beebe, Charles Esselstyn, and Dan- iel Baldwin ; Corresponding Secretary, Silas Stone; Record- ing Secretary, S. S. Hathaway ; Treasurer, H. D. Humphrey ; Executive Committee, Rev. Seth Ewer, Eli Mosier, Thomas Marshall, Josiah St. John, and I. V. Bassett. It appears, however, that the society never accomplished any result in the influencing of votes in this county, for the highest number ever east for a candidate was less than the number of original officers of the society.
Columbia's vote for governor in 1842 was, for Win. C. Bouck, four thousand two hundred and seventy-eight; for Luther Bradish, three thousand three hundred and sixty- two, In 1844, for governor, Silas Wright received four thousand seven hundred and thirty-six votes ; Millard Fill- more, four thousand two hundred and ninety-four.
The presidential vote of the county in the same year was, Polk (Democratie), four thousand six hundred and ninety-two; Clay (Whig), four thousand three hundred and twenty-two; and the candidate of the Liberty party, eleven; total, nine thousand and twenty-five.
At this time commenced the existence of the Anti-Rent party as a political power, the first movement in Columbia being the organization, in the town of Taghkanic, in No- vember, 1844, of "The Taghkanic Mutual Association,"
55
HISTORY OF COLUMBIA COUNTY, NEW YORK.
with the following officers, viz. : President, John I. John- son ; Vice-Presidents, James M. Strever, George I. Ross- man, Peter Poucher, Samuel A. Tanner, and George I. Finkle; Treasurer, Philip B. Miller; Recording Secretary, Anthony Poucher ; Corresponding Secretary, Peter Poucher ; Executive Committee, John Bain and James M. Strever.
The object of the society was " to blot from the statute book the last relies of Fendalism," and the members pledged themselves to use all lawful and honorable means to rid themselves and the people of the burdens imposed by the manorial system ; and to that end they pledged themselves never to make nor accept (without the consent of a major- ity of the association) any proposition for the payment of rent or purchase of soil to or from any person claiming to hold under the Livingston or Van Rensselaer patents.
The movement, however, did not become entirely a political one until after the arrest and conviction of the anti-rent leaders for the foolish and lawless excesses com- mitted in December of the same year. The convictions had the effect to make many anti-rent converts, and to lift. the faction to the numerical dignity of a political party ; and the policy adopted by this party was to elect all town and county officers from their own ranks, to vote for no State, civil, judicial, or executive officer unfriendly to them or unpledged to their cause, and to disregard all former political opinions. This policy caused politicians to fear and to be anxious to conciliate them; and so rapidly did they grow in influence and strength that the gubernatorial candidate of the party (Governor John Young) was elected, in 1846, by a majority of about ten thousand, to which Columbia county contributed by the following vote : For John Young (Anti-Rent), four thousand two hnndred and fonr; for Silas Wright (Democratie), three thousand three hundred and eighteen. Governor Young at once pardoned all the anti-rent convicts, on the ground that their offenses had been political rather than criminal, and that it was the wise policy of all good governments to forgive and restore to citizenship all political offenders after the law had been vindicated and peace restored.
The vote of the connty in 1846 on the question of a new State constitution was as follows : For a new constitution, five thousand two hundred and eighty-two; against, nine hundred and one. For constitutional amendment giving equal suffrage to colored persons, six hundred and sixty- six ; against said suffrage, five thousand two hundred and sixty-one. The only town giving an unanimous vote against colored suffrage was Clermont. The vote of Germantown on that question was one hundred and forty against, and six in favor of the suffrage ; Hillsdale voted nineteen for, and three hundred and fifty-six against the measure; Livingston, four for, and two hundred and sixty against it ; and several other towns in about the same proportion.
The influence of the Anti-Rent party in the convention was sufficient to procure the insertion of a clause in the new constitution abolishing all feudal tenures and incidents, and forbidding the leasing of agricultural land for a term exceeding twenty years. The Legislature' at successive sessions passed laws which bore heavily against the land- lord interest, and so far the party seemed to have accom- plished its mission.
But for several years after the legitimate occupation of the party seemed to be gone its organization was kept up, mainly for the purpose, as is said by many, of enabling a few leaders to hold its vote ready for sale to aspiring candi- dates, or to one or the other of the great parties, or perhaps to both parties at the same time. For this purpose the meet- ings were regularly held, though frequently not attended by more than two or three persons; these, of course, always being party managers. It is related that upon one of these occasions a few faithful ones met at one of the country taverns, and after fortifying themselves with spiritnous sns- tenance, proceeded at about nine P.M. to organize for the transaction of the important business which had called them together. Without a moment's delay or hesitation the " meeting" was opened and organized by the spokesman, Mr. Finkle, in the following words : " Gentlemen, please come to order. I move that - Becraft be chairman of this meeting. I second the motion. All in favor of Becraft as chairman of this meeting say aye; aye carried. Mr. Becraft git right round here and take the chair ;" the operation of making, seconding, and putting the motion, voting affirmatively upon it, announcing the result, and inducting the chairman into his office, being all performed by Mr. Fiukle without the least assistance, and without once pausing to take breath. The business of the meeting was dispatched with almost equal celerity, and it was then adjourned.
As late as 1851 Columbia sent delegates to an Anti-Rent convention held in September of that year, at Albany, upon which occasion the counties of Albany, Rensselaer, Scho- harie, Delaware, Greene, Ulster, Sullivan, Otsego, Oneida, Dutchess, and Montgomery were also represented. The party, however, did not exist long after that time.
About 1846 came the split of the Democratic party into the " Hunker" and " Barnburner" factions. The first political meeting of the " Ilunkers" (as such) was a very numerous one held at Ilillsdale, and presided over by the Hon. John F. Collin, one of the most prominent leaders in the county. A tall flag-staff was raised amidst the greatest enthusiasm, and speeches were made by John H. Reynolds, of Kinderhook, James Van Santvoord, Henry A. Collin, and others. The " Barnburner" movement soon resulted in the formation of the Free-Soil party, which, in 1848, nominated ex-President Van Buren as its presidential candi- date. The vote of Columbia in that election stood : for Lewis Cass, Democrat, two thousand one hundred and twenty-one; for General Taylor, Whig, three thousand nine hundred and forty-three ; for Martin Van Buren, Free-Soil, two thousand one hundred ; for the Liberty party candidate, five.
In 1850, Horatio Seymour received three thousand seven hundred and eighty-one votes, and Washington Hunt three thousand seven hundred and ninety-six votes, in Columbia, for the office of governor.
In the presidential election of 1852 the county gave Franklin Pierce (Democrat ) four thousand four hundred and fifty-five votes, and Winfield Scott (Whig) four thou- sand one hundred and forty-two votes, for the office of Presi- dent, seven votes being given to the Free-Soil or Liberty candidate.
56
HISTORY OF COLUMBIA COUNTY, NEW YORK.
The vote of the county cast in 1854 for the four guber- natorial candidates who were then in the field was, for Horatio Seymour, two thousand three hundred and eighty ; for Myron H. Clark, two thousand four hundred and forty- four ; for Daniel Ulman, fifteen hundred and eighty-two; for Greene C. Bronson, nine hundred and ninety-four.
In the presidential elections which have occurred since that time the vote of Columbia has been cast as follows :
1856 .- For James Buchanan (Democrat). 3020
For John C. Fremont (Republican). 3818
For Millard Fillmore (" American"). 1981
1860 .- For A. Lincoln (Republican). 5108
For J. C. Breckinridge ( Democrat). 4722
1864 .- For A. Lincoln (Republican)
4872
For G. B. MeClellan (Democrat). 5240
1868 .-- For U. S. Grant (Republican) 5354
For Horatio Seymour (Democrat). 5661
5452
1872 .- For U. S. Grant (Republican) .. For Iloracc Greeley (Democrat). 6047
1876 .- For Samuel J. Tilden (Democrat) 6311
For R. B. Hayes (Republican). 5799
The votes cast in Columbia county on popular questions submitted to the people since the year 1850 have been as follows :
1858 .- For convention to revise the constitution ... 3597
Against same. 1916
1859 .- For State loan to pay floating debt .. 2743
Against same ... 1734
1860 .- For equal suffrage tu colored persons. 1881
Against same.
5646
1864 .- For amendment to allow soldiers voting 4062
Against same. 587
1865 .- For State bounty act .. 6448
762
Against same ..
1869 .- For amended constitution 4504
3801
For uniform rate of assessment and taxation 4526 3782
Against same ..
4703 For property qualification for colored men
Against same 3368
1870 .- For act creating a State debt. 4442
Against same.
5070
1873 .- Fur appointment of judges of court of appeals and Supreme Court 2136 Against same. 3896 For appointment of city and county judges .. 2049 Against same. 3787
1874 .- Eleven proposed constitutional amendments submitted at this election received majorities ranging from 2000 to 5000.
1877 .- For amendments to Seetions 3 and 4, Article V., consti- tution .. 7219 Against same .. 693
CHAPTER IX.
COURTS.
Board of Supervisors - Court-Houses and Jails - Almshouses and Asylums.
THE LAW COURTS.
THE line of descent of the judicial system of New York can be traced back ward, by those curious to do so, through colonial times to MAGNA CHARTA, and beyond into the days of the Saxon Heptarchy in England. The great in- strument wrested by the barons from the king at Runny- mede, A.D. 1215, was but a regathering of the rights and privileges of which John and his Norman predecessors had despoiled the order of nobles of the realm. A comparison of the charters of liberties drawn up by the colonial Assem-
blies of 1683 and 1691, and the bill of rights adopted by the State in 1787, with the great charter, will disclose many provisions of like import.
But the courts were first introduced into what is now the State of New York by the Dutch, at the institution of their rule in 1621, the director-general and his council being a trinity of legislative, executive, and judicial au- thority. In 1641-42 the " Nine Men" held a weekly court, and in 1653 the burgomasters and schepens of New Am- sterdam (New York) and Fort Orange (Albany) were created, and held courts corresponding to the present mayor and aldermen's courts, to which the Dutch tribunal was changed on the accession of the English, in 1664. Killian Van Rensselaer held a patroon's court in his manor of Rensselaerwyck, where he dispensed justice (?) after the manner of feudal times, and practically made his tribunal a court of last resort, by rendering nugatory all rights of ap- peal therefrom by a pledge exacted from his tenants in ad- vance to forego their privilege in that respect, as a condition precedent to occupancy of his estates. The director-general and council held the orphan court as their prerogative, the burgomasters being, on their creation, ex-officio orphan- masters until, on their own application, they were relieved of the burden and special orphan-masters appointed.
The first English court established in the colony was the court of assizes, created by the code known as the " Duke's Laws," promulgated by an Assembly at Hempstead, L. I., in 1665. Courts of sessions and town courts were also provided by this code, and a commission for a court of oyer and terminer for the trial of capital offenses, when the information was filed in the court of sessions more than two months before the sitting of the assizes. These courts were abolished by the Assembly of 1683, which passed an act " to settle courts of justice," under which courts of sessions, oyer and terminer, town and justices' courts were re-established with increased jurisdiction, and a court of chancery created. The Assembly of 1691 repealed all legis- lation of the former Asserubly, and of the governor and council, and established, as a temporary expedient, the courts of sessions, confining their jurisdiction to criminal matters ; courts of common pleas, with civil jurisdiction ; justices' courts in the towns; the court of chancery ; and a Supreme Court of judicature. These courts were enacted in 1691, 1693, and 1695, and ceased in 1698, by limita- tion. The court of oyer and terminer was not continued in 1691 as a separate tribunal, but its name was retained to distinguish the criminal circuit of the Supreme Court. On the 15th of May, 1699, the governor (Earl Bellamont), and council, by an ordinance, continued the courts of the Assembly of 1691, with the exception of the court of chancery, which last, however, was revived August 28, 1701, by Lieutenant-Governor Nanfan, who declared him- self the chancellor thereof; but Lord Cornbury, then gov- ernor, on the 13th of June, 1703, suspended the tribunal. On the preparation by the chief and second judges of the province of a fec-bill and code of practice for the same, Corubury finally, Nov. 7, 1704, re-established the court, and revived the cases pending therein at the date of his suspension of it. All of the above tribunals, continued or revived by the ordinances before named, were held by that
Against same ...
Against same. 5060
1866 .- For constitutional convention. 4794
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HISTORY OF COLUMBIA COUNTY, NEW YORK.
authority alone until the English rule was abrogated by the Revolution for American independence.
The manors of Livingston and Rensellaerswyck were both granted " a court leet and court baron, to be held as often as the lords of those manors chose."
The powers and jurisdiction of the court granted to the manor of Livingston were expressed in the patent of Gov- ernor Thomas Dongan as follows :
" I, the said Thoma? Dongan, have also Given and Granted, and by theso Presents Doe Give and Grant unto the said Robert Livingston, and to the Heires and Assignes of the said Robert Livingston, full Power and authority, at all times, and forever hereafter, in the said Lordship and Manor, one Court Leet and one Court Barron, to hold and keep at such time and times and Soe often, Yearely, as ho or they shall see meet, and all fines, Issues, Amerciaments, at the said Court Leet and Court Barron, to be holden with the said Lordshipp aad Man- nor to be Sett, forfeited, or Imposed, and Payable, or happening, at ony time, to be Payable by any the Inhabitants of or within the said Lordshipp or Mannor of Livingston, or the Limitts or Bounds thereof, and also all and every the Powers and authorityes hereinbefore- menconed for the holding and keeping the said Court Leett, Courtt Barun from time to time, and to award and Issue out the Customary Writts to be Issued and awarded out of the said Court Leet and Courtt Baron, to be kept by the said Robert Livingston, his Heires and As- signes forever, or theire or any of theire Stewards deputed and ap- pointed with full and ample Power and authority to Destraine for the Rents, Services, and other Sumes of Mony, Payable by reason of the Premises, and all other Lawful Remedyes and meanes for the haveing, Possessing, Receiving, Levying, and Enjoyeing the Premissesse, and every parte and parcell of the same, and all Wastes, Estrayes, Wrecks, Deodands, Goods of felons happening and being forfeited within the said Lordshipp and Mannor, and all and every sume and Sumes of Mony to bee Paid as a Post fine upon or fines to bo Levyed if any Lands, Tenements, or Hereditaments within the said Lordshipp or Mannor of Livingston, together with the advowson and Right of Pat- ronage and all and every the Church and Churches Established or Erected or hereafter to be had Erected or Established in the said Mannor."
A court of appeals, for the correction of errors only, was established in 1691, but appeals in certain cases would lie from it to the king in privy council. It was composed of the governor and his council, who sat in the fort when con- vened in that capacity. The prerogative court (court of probates) was held by the governor during the colonial period by virtue of the instructions received by that official from the crown ; the granting of probates being a part of the royal prerogative retained by the king. The courts of common pleas, in remote counties, were authorized to take the proof of wills, and transmit the papers for record in the office at New York. Surrogates, with limited powers, were appointed previous to 1750, also in other counties. A conrt of admiralty was held by the governor and council under the Dutch rule; and under the English, it was at first held by the governor's special commissions until 1678, when authority was given to appoint a judge and other officers ; it eventually, however, depended from the lords of the admiralty in England.
The constitution of 1777, of New York, provided for a court for " the trial of impeachments, and the correction of errors," the same being the president of the Senate for the time being, the senators, chancellor, and judges of the Supreme Court, or a majority of them. This court re- mained «the same under the constitution of 1821, with some change in its composition, and ccased with the adop- tion of the constitution of 1846. 8
The court of chancery was recognized by the first con- stitution, and a chancellor appointed for it by the governor. It was reorganized in 1788, and ceased its existence, pur- suant to the constitution of 1846, on the first Monday of July, 1847.
The Supreme Court of judicature was recognized by the first constitution, as the tribunal then existed, and was reorganized in 1778, the judges being appointed by the council of appointment. The court of exchequer was a · branch of the Supreme Court, the same as during the colo- nial period, and was reorganized in 1786, " for the better levying and accounting for fines, forfeitures, issues, and amercements, and debts due to the people of the State." It was abolished by the general repealing act of December 10, 1828. Circuit courts were established April 19, 1786, to be held by justices of the Supreme Court in the respective counties. Under the second constitution, the circuit courts were held by circuit judges, appointed by the governor, there being eight circuits in the State. The constitution of 1846 abolished the circuits as then established, and pro- vided for the holding the circuit court by the justices of the Supreme Court.
Courts of oyer and terminer were provided by an aet passed February 22, 1788, to be held by the justice of the Supreme Court at the same time with the circuit. Two or more of the judges and assistant judges of the court of common pleas, in the respective counties, were to sit in the oyer and terminer with the justice. Under the constitu- tion of 1821 the oyer and terminer was held by the circuit judge. Any justice of the Supreme Court conld, however, hold a circuit or preside at an oyer and terminer. The court of admiralty existed but a short time under the State government, the court ceasing at the adoption of the Federal Constitution in 1789 ; that instrument vesting admiralty jurisdiction solely in the federal courts.
The court of probates was created in 1778, by the aet to " organize the government of the State," passed March 16, in that year. This act divested the governor of the powers he possessed in the colonial period in the prerogative and probate courts, and transferred them to the judge of the court of probates, except in the appointment of surrogates. In 1787 surrogates were empowered to be appointed. The judge of the court of probates held his office at New York until 1797, when an act was passed, March 10, requiring the court to be held in Albany, and the records to be re- moved and kept there. The court had appellate jurisdic- tion over the surrogates' courts, and was abolished March 21, 1823, its jurisdiction transferred to the chancellor, and its records deposited in the office of the clerk of the court of appeals in Albany.
Surrogates were appointed under the first constitution for an unlimited period by the council of appointment, and an appeal lay from their decisions to the judge of the court of probates of the State, as before stated. Under the second constitution they were appointed by the governor and Sen- ate for four years, and appeals lay to the chancellor. Un- der the constitution of 1846 the office was abolished, except in counties having more than forty thousand population, in which counties surrogates may be elected, the term being first for four years, but by an amendment adopted in 1869,
58
HISTORY OF COLUMBIA COUNTY, NEW YORK.
the term was extended to six years. Appeals lie to the Supreme Court. In counties of less population than forty thousand, the county judge performs the dnties of surrogate.
The court of common pleas was continued from the colo- nial period by the first constitution, and under that instru- ment had a large number of judges, as high as twelve being on the bench at the same time in some counties. By an act passed March 27, 1818, the office of assistant justice was abolished, and the number of judges limited to five, including the first judge. The court was continued with- out material change by the second constitution, and expired with that instrument in 1847.
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