USA > New York > Schenectady County > History of the County of Schenectady, N. Y., from 1662 to 1886... > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46
" Resolved, That the Hon. Platt Potter, Justice of the Supreme Court of the Fourth Judicial District, be summoned and required to appear before the bar of this House for a high breach of its privi- lege in issuing an attachment for the arrest of the Hon. Henry Ray, a Member of Assembly of the State of New York from the First District of the County of Ontario; and that the House will then and there take such action as the House in its judgment may see fit."
A similar resolution was passed in relation to the District Attorney of Saratoga County, who ap- plied for the attachment against Ray.
The notice to appear at the Bar of the House and answer was served on the Judge February 14, 1870, only two days previous to that appointed for the hearing.
At twelve o'clock noon on the 16th of February, Judge Potter appeared at the bar of the Assembly, when the Speaker of the House briefly stated to him the charges which he was required to answer, and called upon him to state any excuse for his conduct in issuing his attachment against Hon. Henry Ray, a member of the House.
Judge Potter, who had appeared with Hon. Wm. A. Beach, as counsel, proposed that that gentle- man should answer for him. Mr. Fields stated that the presence of counsel in such cases was unusual, whereupon the Speaker declared the Judge could not be heard through his counsel.
" Then," said Judge Potter, "I will speak for myself." He then entered on his remarks with the calm confidence of one who can rely upon himself in any emergency. His argument was able, profound and elaborate ; every authority bearing on the matter in any way-whether Eng- lish or American-was fully considered and digested. It did not touch upon anything which
1
84
HISTORY OF THE COUNTY OF SCHENECTADY.
would excite the fancy, for it contained nothing but logic, learning and facts. The Assembly and many Senators who came to be present, and a vast throng of spectators, listened with deep and un- wearied attention. All who heard it were lost to everything except the words which fell from the lips of the speaker, standing under such peculiar circumstances. But he had the complete mastery of his subject, and his words flowed with intel- lectual energy.
We regret that we have not space to give in detail his remarkably able arguments-this great defense of an independent judiciary. It was rewarded by a great and signal triumph.
"Although," said the Judge, in concluding his argument, "I have appeared here and offered this defense, I do not say that I submit this case to you, though probably that will be the effect of your action ; but, sir, I stand here PROTESTING, earnestly PROTESTING, that I am not here in obedi- ence to your power, but here out of courtesy to an independent department of this Government."
At the close of this argument, Thomas C. Fields, Member from the City of New York, rose and made a motion that Judge Potter withdraw from the House until his case could be disposed of.
The Speaker then informed the Hon. gentle- man that he could withdraw to the library till his case was decided.
Judge Potter .- "I prefer to stay, and unless driven from the House by its power shall remain."
The Speaker .- "The request of the Hon. Judge will be granted."
Judge Potter .- "I have made no request," taking his seat.
A long and exciting debate in the House fol- lowed. Mr. Fields offered a resolution that Hon. Platt Potter, in issuing the attachment for the arrest of Hon. Henry Ray, Member of Assembly from Ontario, was guilty of a high breach of the privileges of this House, and that he be repri- manded by the Speaker in the presence of this House.
This resolution received no support and was withdrawn, whereupon Mr. Alvord, of Onondaga, offered the following amendment to Mr. Field's re- solution.
Resolved, "That the Hon. Platt Potter was mis- taken as to the privileges of this House in the ac- tion taken by him in the arrest of Hon. Henry Ray, but this House do not believe that intention or desire to interfere with the independence or dignity of the House actuated him in the perform- ance of that which he deemed his official duty."
Mr. Wm. D. Murphy offered a substitute for that resolution, to the effect that Judge Potter be discharged from the custody of the House until the hour of twelve. o'clock on the first day of March, and that in the meantime the opinion of the Attorney-General be communicated as to the term "Civil Process " in the statute exempting legislators from arrest. This was lost.
The question was then taken upon the motion of Mr. Alvord, which was carried by a vote of 92
to 15, and thus ended the case, a sketch of which only is contained in Barbor's Reports, Vol. 55, page 625.
Very soon after Judge Potter's discharge, he re- ceived a large number of letters, "the volun- tary congratulations of the jurists, statesmen and lawyers, names distinguished in the State and na- tion." They were written to the Judge as the in- dorsement of the soundness of his argument upon the question of the independence of the judiciary. These letters, though not written with the object of publication, have appeared in a pamphlet contain- ing the argument. of Judge Potter, published by and at the request of members of the Bar in the counties of Rensselaer, Saratoga, Montgomery and Schenectady, to which publication Judge Potter consented, inasmuch as numerous and material errors and omissions in the newspaper report of the argument demanded correction.
Further evidence of the high esteem in which the judiciary and the bar held Judge Potter, and the grati- fication his legislative triumphs gave them, was ex- hibited in the September following that event. A State Judicial Convention was held at Rochester in September, 1870, for the purpose of nominating a candidate for Judge of the Court of Appeals. It was chiefly attended mostly by judges and ex- judges. Mr. Potter was unanimously chosen per- manent President of the Convention, upon the ex- press grounds of his triumphant victory over the Legislature on the question of the independence of the judiciary.
Judge Potter's written opinions and judgments exhibit the profound lawyer, the thoughtful, patient and investigating judge.
He has attained distinction as a writer. Among his written productions we refer to the following:
In 1870, while still on the bench serving as judge, he prepared a work upon the construction and interpretation of American Statutes and Con- stitutions. In it he also included, with approval, the law of England, as far as applicable, and as laid down by one Dwarris, a distinguished law writer of that country. The work prepared by Judge Potter is entitled "Potter's Dwarris." It is a work univers- ally approved as authority in all the States of this country. In 1875 he compiled and greatly en- larged, with the later authorities, a treatise on Equity Jurisprudence, originally prepared by John Willard. This is known as Potter's edition of that work. In 1879 he prepared an original work on corporations, in two volumes, entitled " Potter on Corporations." Each of these three works has been recognized in this country as standard authority, and they are now used as books for study and in- struction in the Albany and other law schools.
Judge Potter is distinguished for his domestic and social qualities. His own fireside is, to him, the dearest place on earth. His conversation is agreeable and instructive. His long and large ac- quaintance with distinguished men of the past and the present, and his reminiscences of their careers, give an historic interest to his conversation. He possesses the rare faculty of eliciting the strong points in the person's character with whom he converses.
:
-
yours most respectfully John Sanderş
85
CITY OF SCHENECTADY .- BENCH AND BAR.
As years fall upon him, they bring no asperities to his disposition, no dimness to the light of his social and mental powers, nor do they detract aught from the suavity of his manners. He is in every sense of the word a Christian gentleman, and has for many years been an elder of the First Presbyterian Church in Schenectady. His piety is with him a deep sentiment-it is warm, but not heated; earnest, but tranquil; a principle, not an impulse.
That a man like Judge Potter should be held in the highest esteem and affection by his friends and neighbors, is the natural reward of a well-spent life.
JUDSON STUART LANDON was born in Salis- bury, Litchfield County, Conn., December 16, 1832. His great-grandfather, James Landon, rep- resented that town in the Legislature of the Colony of Connecticut in 1759, and his uncle, also James Landon, represented the same town in the Legislature of the State just one hundred years later. His father, William Landon, who married Phebe, daughter of Dr. Cyrus Berry, a physician of Dutchess County, was born in the same town, and died there in 1876 at the age of eighty-one. He was a merchant and farmer.
Mr. Landon was educated in the common schools, and in the American and New York Con- ference seminaries. In 1853 he was a teacher of Latin, mathematics and natural sciences in the academy at Princetown, Schenectady County, N. Y. He at the same time pursued the study of law without an instructor. In 1854 he left the academy and studied law in Yale College for one year. In 1855 he returned to the academy as its principal. He received the degree of Master of Arts from Union College the same year. In 1856 he was admitted to the Bar, and was elected Dis- trict Attorney of Schenectady County in the fall of that year. Since then he has resided in Schenec- tady. He was re-elected District Attorney in 1859. In February, 1865, he was appointed County Judge to fill a vacancy, and was elected for four years in the fall of that year. In 1867 he served as a member of the State Constitutional Con- vention. In 1873 he was elected Justice of the Supreme Court in the Fourth Judicial District. Jesse Gay, of Plattsburgh, was the candidate of the Democrats, but declined to run, and the elec- tion of Justice Landon was not opposed.
He is one of the governors of Union University, a trustee of Union College and of the Albany Law School, and at present acting president of Union College. He received the degree of LL. D. from Rutgers College in 1885.
His practice for several years was chiefly con- fined to litigated cases. In 1868 he was one of the counsel for Robert C. Dorn, Canal Commis- missioner, who was tried before the Court of Ap- peals and the Senate upon articles of impeachment preferred against him by the Assembly. He opened the case before the Court and examined the wit- nesses on behalf of Mr. Dorn, who was acquitted.
AUSTIN A. YATES was born in Schenectady, March 24, 1836 ; graduated from Union College
in 1854 ; admitted to the Bar in 1857. He imme- diately began the practice of his profession, and at the same time became editor of the Schenectady Daily Times. During the civil war he raised a company, of which he became captain, and for meritorious service in putting down a rebellion of miners in Pennsylvania he secured from President Lincoln the honorary rank of Brevet-Major. In 1864 he was elected District Attorney of Schenec- tady, but resigned the office in 1873, on his elec- tion as County Judge. In 1879 he was appointed Attorney to the Insurance Department by the State Superintendent of Insurance, which office he held during the Governorship of Alonzo B. Cornell.
HON. SAMUEL W. JACKSON was born in the town of Palatine, Montgomery County, N. Y., June 28, 1821. His father, Allen H. Jackson, was a grad- uate of West Point, and was a civil engineer of dis- tinction. His mother was the sister of Judge Paige, of Schenectady. He graduated from Union Col- lege in 1842, receiving in due time the degree of A. M. He completed his legal studies in the office of Paige & Potter, and was licensed as an attorney in 1843, and as counselor in 1846. He practiced law from 1843 to 1850 in Gilboa, Schoharie County, and for a time in New York, and came to Schenectady in 1858. He was appointed by Governor Hoffman, in 1867, to fill the unexpired term of Judge E. H. Rosencrans. In 1872 he was elected a member of the Constitutional Commission, and is now attorney for the New York Central Rail- road for his locality. Judge Jackson is a man of excellent legal attainments and strict attention in the performance of his duties, and has established a flourishing practice, and is highly honored by the community.
HON. JOHN SANDERS.
HON. JOHN SANDERS was born in Glenville, N. Y., in 1802. His father was Presiding Judge of Al- bany County when Schenectady County was a part of it. He graduated from Union College in 1822, and completed his legal studies in 1825, and practiced for a year in Albany, and afterward in Northampton, Catskill and Clermont, N. Y. In 1836 he settled in Schenectady, and in 1840 was appointed by Gov. Seward Surrogate, which office he held till 1844. He was County Judge from 1855 till 1860. He was identified with the interests of the Bar in various localities of the State, and is the author of a history of the County of Schenectady.
HON. WALTER T. L. SANDERS, son of the Hon. John Sanders, was born in Catskill, N. Y., September 7, 1831. He engaged in teaching and business for some years, and was admitted to the practice of law in Schenectady in 1858. Elected Clerk of the Board of Supervisors in 1860, elevated to office of County Judge in 1870, and member of Assembly in 1876. These various public positions he filled with ability.
EDWARD W. PAIGE was born in Schenectady, July 11, 1844, and graduated from Union College in 1864 ; from Harvard Law School in June, 1866;
..
86
HISTORY OF THE COUNTY OF SCHENECTADY.
and Albany Law School shortly afterward. He occupies a leading position in his profession, and has served as Assistant State Attorney-General.
HON. EDWARD D. CUTLER was born in Ballston, N. Y., December 18, 1849; was educated in the common schools and at the Classical Institute, Schenectady; was a clerk in the grocery store of Adam Dillen- beck nine years ; in 1877 entered the law office of Hon. A. A. Yates, and studied law two years, graduating from Albany Law School in 1880; be- came a law partner with Judge Yates ; in the fall of 1884 was nominated by acclamation by the Democratic party as Member of Assembly for Sche- nectady County, and gained the election, running 625 ahead of the electoral ticket.
HON. D. C. BEATTIE was born in Salem, N. Y., December 2, 1827, and graduated from Norwich University, Vt., in 1845. He practiced law in Chicago from June, 1850, to October, 1859, and at Albany, 1860-62, coming to Schenectady in February the latter year. He was District Attor- ney of Schenectady County from January 1, 1875, to January. 1, 1878, and has been County Judge since January 1, 1880.
ALONZO P. STRONG, lawyer, whose office is in the Y. M. C. A. Building, is a prominent member of the city and county Bar. He has an extensive practice and stands among the leading members of the Schenectady Bar.
SAMUEL T. BENEDICT, lawyer, was born in Dan- bury, Conn., in 1837, and graduated from Union College in 1860 and from Harvard Law School in 1862. He practices his profession principally in New York, and has been a resident of Schenectady since 1865.
JOHN A. DE REMER was for a short time tutor of mathematics in Union College. As a lawyer he com- mands a lucrative practice. He has taken an active interest in politics, affiliating with the Republican party, and has held several important offices, the last being postmaster of Schenectady.
E. NOTT SCHERMERHORN, a descendant of one of the oldest families, though a lawyer of ability, has been principally connected with other pursuits. He was Collector of Internal Revenue from 1864 to 1882, and was appointed receiver of the Jones Car Works, February 4, 1884. Healso conducts an extensive real estate and insurance business.
HORATIO GATES GLENN, attorney, was born in Schenectady, December 26, 1859. and graduated from Union College in 1881 and from the Albany Law School in 1883. Since then he has practiced in his native city.
CHARLES HASTINGS began the practice of law in 1872 in Schenectady, and has secured an extensive practice.
J. TELLER SCHOOLCRAFT, attorney at law, began practice at Schenectady in 1876. He was elected District Attorney on the Democratic ticket in 1880 and re-elected in 1883.
OMIE F. VEDDER, law student and Clerk of the Board of Supervisors, is a graduate of Union Classi- cal Institute; was a school teacher from 1878 to
1882, and was managing editor of the Schenectady Daily Union from April, 1883, to October, 1884. He was Committee Clerk in the Assembly of 1884, and has also been Clerk of the Board of Super- visors.
EDWARD E. KRIEGSMAN was born in Albany, N. Y., in 1852, and became a lawyer in 1878, and added the insurance business three years later. He was City Clerk from February, 1881, to May, 1883, and since June, 1882, has been Secretary of Board of Health and Registrar of Vital Statistics.
JACOB W. CLUTE was born in Schenectady, Oc- tober 12, 1846, and was admitted to the bar of Schenectady County April 16, 1868, and has been located in the city since. He has represented the Second ward as Alderman two terms. He is also Secretary of the Schenectady County Bible Society.
JAMES A. GOODRICH, attorney at law, was born in Schenectady in 1856, and graduated from Union College in 1879, and from the Albany Law School in 1882.
SCHENECTADY COUNTY BAR .- Hon. Frothingham Fish, Justice; David C. Beattie, Louis C. Beattie, Samuel T. Benedict, Walter Briggs, Demetrius M. Chadsey, Jacob W. Clute, John F. Clute, Edward D. Cutler, Simon Calkins, David Daggett, John A. De Remer, Robert Furman, James Fuller, Horatio G. Glen, James A. Goodrich, Charles Hastings, Samuel W. Jackson, Edward F. Kriegsman, Rob- ert J. Landon, R. T. Lomasney, John E. Myers, John McShea, Platt Potter, Edward W. Paige, Charles E. Palmer, David Cady Smith, Everett Smith, Gerardus Smith, Walter T. L. Sanders, Charles P. Sanders, Jr., Alonzo P. Strong, J. Teller Schoolcraft, E. Nott Schermerhorn, Alex. J. Thom- son, Wm. J. Van Epps, George O. Van De Bogert, Austin A. Yates, James A. Van Voast, Alex. M. Vedder; Thomas Yelverton, Clerk of the Court; William J. Stevens, Crier; Jacob De Forest, Sheriff.
ECCLESIASTICAL SOCIETIES.
THE REFORMED NETHER DUTCH CHURCH, SCHENEC- TADY, N. Y.
At the first settlement of Schenectady in 1662, there were but five Dutch churches and ministers in the Province, viz. : those of
New Amsterdam (New York), whose ministers were Johannes Megapolensis and Samuel Drisius. Beverwyck (Albany), Gideon Schaets.
Breuckelyn (Brooklyn), Henricus Selyns. Esopus (Kingston), Hermanus Bloom.
Midwout and Amersfort (Flatbush, L. I.), Johan- nes T. Polhemus.
Of these the church at Beverwyck, founded twenty years before, was the oldest in the colony, except that of New Amsterdam. * Her first dominie (1642 to 1647) was Johannes Megapolensis, who now ministered in New Amsterdam; the second,
* A church (Presbyterian so far as having ruling elders) composed of settlers who founded Southampton, L. I., in June, 1640, was organ- ized at Lynn in May of that year, and a similar church was organized at New Haven in October of the same year by the settlers of Southold, on the same island, the settlement of this latter town having also been effected in the month of October.
87
CITY OF SCHENECTADY .- ECCLESIASTICAL SOCIETIES.
Gideon Schaets (1652-1690). The latter probably assisted at the organization of the church at Schenec- tady, to which he occasionally ministered until his labors ceased in his own church in 1690.
The date and circumstances of this organization are involved in much obscurity, the early records of both churches being lost. But from occasional mention made in contemporaneous papers and rec- ords, it is safe to say that the church of Schenectady was in existence between the years 1670 and 1680, and probably earlier. Thus, on the occasion of the death of Hans Janse Eenkluys, in 1683, the dea- cons petition the court at Albany for letters of ad- ministration on his effects, and say *
"dat eenen Hans Janssen op den 7 meert 1674 heeft overgedragen aende aermen van Schaenhechtade zeecke syne plantage," etc., etc .; in other words, that Hans Janse, in 1675, made over to the poor of Schenectady his plantation, on condition he should be maintained in his old age and weakness, which they say they have done, and paid the expenses of his burial. Now this plantage was simply the " Poor Pasture," and was the property of the church from Eenkluys' time down to 1862, when it was sold.
These facts seem to point to the existence of the church as early as 1674, for it is a well-known fact that the Dutch churches were the guardians of the poor, the orphans, and the aged, who were without natural protectors, and received and dispensed large alms and property for this purpose.
The next incidental mention of this church is found in the records of the city of Albany. In February, 1679, "the court and consistory of Schenectady requested that Domine Schaets may be sent four Sundays in one year to administer the Lord's Supper to said place and community, which request is granted in so far that Domine Schaets is allowed to go four times in one year to administer the Holy Sacrament, but not on a Sunday, whereas it would be unjust to let the community [of Al- bany] be without preaching."
Thirdly, The prosperous condition of the poor fund of the church from 1680 to 1690 shows pretty clearly that it had been organized some years previous to the former date. At the close of the year 1689, Domine Thesschenmaecker audited the deacons' accounts, and found that the unexpended alms contributed for the poor amounted to about 4,000 guilders, of which about 3,000 guilders had been loaned to individuals on bonds dating back in one case to 1681. Though the Dutch were a liberal people in matters appertaining to their church, it is not probable that such an accumulation of alms was made entirely within the ten years above mentioned, especially when their numbers are considered, and that in this time the parsonage house was con- structed and their first Dominie was called and maintained. It is fair, therefore, to conclude that the Dutch Church of Schenectady was certainly an organized body in 1674-probably much earlier.
The first twenty years of the village was a strug- gle with the hardships of frontier life; its energies were spent in removing the forest and subduing the soil. For religious privileges it was dependent upon Albany until 1683, when the little hamlet
having grown sufficiently strong in numbers and wealth, called its first minister. The earliest men- tion of Dominie Thesschenmaecker in the church records is found in a book of miscellaneous writ- ings, the first leaves of which unfortunately are wanting.
The following is a copy and translation of the first page in its present mutilated condition:
(Copy.) Uytgyeve. [1683?]
aen Myndert Wemp,
F. 48
aen een kan, 8
aen Jan Roelofsen voor. 24
aen 5 Witte broden, I
aen domine Tassemaker 24
aen emanual Consaul,
aen Lubbert gysbertse voor 2 dagen Wercke,
6
aen spyckers van Albanie, 6
aen den 1% duyzend harde steen, 18
aen 2 bevers aen Laseysers tot het huys te singelen, 48
aen 12 gulden aen .... door stacken en .... voor verb- ruyck aen de heyninge, 12
27 april voor wyn tot het naght mael aen domine tass- chenmaker betalt, 20
27 May domine Schats Verstelt,
36
Schoonmaken van der Kerche, 13
1.10
5.
Voor wyn van het naght mael, 20.0
aen Adam Vroom, 24.
nogh aen domine tasschemaker voort maken vande heyninge aen het erf, 45.
nogh voor 7 maal witte broot tot het avont mael a
fl. 1.10 a maal, 10.10
Class permurent een dagen ryden, 18
24 dagen aen de heyninge, 22
Voor te singelen van 't huys, 12
aen 2 Vragsten posten gasacht, 6
2 glazz Raamen, 10
Somma, fl. 516-13
(Translation.)
Expenditures.
[1683?]
To Myndert Wemp, guilders,
F. 48
To [paid for] a pot,
8
To Jan Roelofsen, for. 24
To 5 white loaves, I
To domine Tassemaker, 24
To Emanual Consaul,
6
To nails from Albany,
6
To the half thousand hard bricks,
18
To two beavers to Laseysers shingling the house, 48
To 12 guilders .... for stakes .... for use on the fence, 12
27 April, For wine for the Lord's Supper paid to Domine Tasschenmaker,
20 36
27 May, presented to Domine Schaets,
Cleaning the church, 13
1.10
5.
2.10
For wine for the Lord's supper, 20.0
To Adam Vrooman, 24.
Also to Domine Tasschemaker for making the fence to the lot, 45.
Also for white bread 7 times for the Lord's supper a Al. 1.10 a time, 10.10
Class Purmerent [Van der Volgen] one day's carting, 18
2% days on the fence, 22
for the shingles of the house, 12
To two loads of posts sawed, 6
2 window glasses (or sashes), 10
Total, florins 516.13 From these accounts we learn that Dominie Thesschenmaecker came to Schenectady before the
6
To Lubbertse Gysbertse for two days' work,
2.10
6
88
HISTORY OF THE COUNTY OF SCHENECTADY.
death of Dominie Schaets (1690), and that the first of the five houses of worship built by this society was then built. We know little about it except that it was small and inconvenient, and that it stood at the junction of Church, State and Water streets.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.