Landmarks of Albany County, New York, Part 14

Author: Parker, Amasa Junius, 1843-1938, ed
Publication date: 1897
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1374


USA > New York > Albany County > Landmarks of Albany County, New York > Part 14


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).


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1808-9, John Brown, John H. Burhans, Jonathan Jost Deitz, Jonathan Jenkins, Stephen Van Rensselaer, Abraham Van Vechten.


1810, John Colvin, Abel French, Stephen Van Rensselaer, Abraham Van Vechten. 1811, Asa Colvard, David Delong, Jonathan Jost Deitz, Abraham Van Vechten. 1812, Asa Colvard, Jesse Tayler, Abraham Van Vechten, John G. Van Zandt. 1812-13, David Bogardus, John Gibbons, Elishama Janes, Abraham Van Vechten. 1814, Harmanus Bleecker, Johan Jost Deitz, Moses Smith, John L. Winne. 1814-15, Harmanus Bleecker, Sylvester Ford, Jesse Tyler, John D. Winne. 1816, Michael Freligh, John I. Ostrander, John Schoolcraft, Jesse Smith. 1816-17, John H. Burhans, John I. Ostrander, Gideon Tabor, Rufus Watson. 1818, William A. Duer, James Sackett, Gideon Tabor, Stephen Van Rensselaer.


1819, William A. Duer, William H. Houghtaling, Cornelius H. Waldron, John Van Ness Yates.


1820, Asa Colvard, James McKown, Peter S. Schuyler, Stephen Willes.


1820-21, Gerrit Hogan, James McKown, Moses Smith, Stephen Willes.


1822, James McKown, William McKown, Volkert D. Oothoudt, John P. Shear.


1823, Abraham Brooks, Jesse Buel, Abraham Rosecrantz.


1824, Archibald Stephens, John Stillwell, Jesse Wood.


1825, George Batterman, Samuel S. Lush, Stephen Willes.


1826, Samuel S. Lush, Andrew Ten Eyck, Malachi Whipple.


1827, Isaac Hamilton, John Haswell, Henry Stone.


1828, Benjamin F. Butler, William N. Sill, David I. D. Verplank.


1829, James D. Gardner, Moses Stanton, Chandler Starr.


1830, Peter Gansevoort, Samuel S. Lush, Erastus Williams.


1831, Peter Gansevoort, Wheeler Watson, Peter W. Winne.


1832, Abijah C. Disbrow, Philip Lennebacker, William Seymour.


1833, Edward Livingston, Jacob Settle, Israel Shear.


1834, Aaron Livingston, Barent P. Staats, Prentice Williams, jr.


1835, Edward Livingston, Henry G. Wheaton, David G. Seger, Tobias T. E. Waldron.


1836, Daniel Dorman, John C. Schuyler, William Seymour.


1837, Richard Kimmey, Edward Livingston, Abraham Verplanck.


1838, Daniel D. Barnard. Edmund Raynsford, Paul Settle.


1839, John Davis, James S. Lowe, Rufus Watson.


1840, Frederick Bassler, jr., Peter Flagler, Henry G. Wheaton.


1841, Aaron Hotaling, Francis Lansing, Henry G. Wheaton.


1842, John A. Dix, Cornelius G. Palmer, Jonas Shear.


1843, Willis Hall, Aaron Van Schaack, John I. Slingerland.


1844, Levi Shaw Samuel Stevens, Simon Veeder.


1845, Clarkson F. Crosby, Ira Harris, Leonard Litchfield.


1846, Ira Harris, Thomas L. Shafer, Robert D. Watson.


1847, John Fuller, John I. Gallup, Valentine Tredwell, Robert D. Watson.


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1848, Edward S. Willett, Frederick Mathias, Robert H. Pruyn, Henry A. Brigham. 1849, Hiram Barber, David Van Auken, Robert H. Pruyn, Joel A. Wing.


1850, Cornelius Vanderzee, Joel B. Nott, Robert H. Pruyn, William S. Shepard. 1851, Robert Babcock, Adam I. Shultes, Hamilton Harris, Eli Perry.


1852, Hugh Swift, George M. Sayles, Teunis Van Vechten, jr., Robert Harper. 1853, William P. Malburn, John Reid, William W. Forsyth, Thomas Kearney. 1854, S. M. Hollenbeck, I. W. Chesebro, Robert H. Pruyn, Archibald A. Dunlop. 1855, Pryse Campbell, Martin J. Blessing, Alexander Davidson, J. B. Van Etten. 1856, Isaac Whitbeck, Jackson King, Henry Jenkins, James Brady.


1857, Richard Kimmey, Adam Van Allen, John Evers, Franklin Townsend.


1858, Dwight Batcheller, George Wolford, C. W. Armstrong, Charles H. Adams. 1859, Henry Creble, Morgan L. Filkins, William A. Young, Lorenzo D. Collins.


1860, John I. Slingerland, Stephen Merselis, jr., Samuel W. Gibbs, Lorenzo D. Collins.


1861, Jay Gibbons, Lewis Benedict, jr., Henry Lansing, William J. Wheeler.


1862, John Vanderzee, Willet Searles, Almerin J. Cornell, A. Bleecker Banks, William Doyle.


1863, William J. Snyder, John Cutler, Henry L. Wait, William L. Oswald.


1864, Harris Parr, Morgan L. Filkins, Thomas McCarty, William L. Oswald.


1865, Harmon H. Vanderzee, Oliver M. Hungerford, Alexander Robertson, Mi- chael A. Nolan.


1866, William Aley, Lyman Tremain, Clark B. Cochrane, James F. Crawford. 1867, Hugh Conger, Henry Smith, Alexander Robertson, Oscar F. Potter.


1868, John C. Chism, Francis H. Woods, Jackson A, Sumner, Theodore Van Valk- enburgh.


1869, Hugh Conger, Adam W. Smith, John M. Kimball, John Tighe.


1870, William D. Murphy, Thomas J. Lanahan, Edward D. Ronan, John Tighe.


1871, William D. Murphy, Robert C. Blackall, Edward Coyle, William D. Sun- derlin.


1872, Stephen Springstead, Henry Smith, Daniel L. Babcock, George B. Mosher. 1873, Peter Schoonmaker, Henry R. Pierson, John W. Van Valkenburgh, George B. Mosher.


1874, Fred Schifferdecker, Leopold C. G. Kshinka, Terence J. Quinn, Waters W, Braman.


1875, Peter Slingerland, Leopold C. G, Kshinka, Francis W. Vosburgh, Waters W. Braman.


1876, Peter Slingerland, Thomas D. Coleman, William J. Maher, Alfred Le Roy. 1877, John Sager, Jonathan R. Herrick, William J, Maher, Edward Curran.


1878, Hiram Griggs, John N. Foster, James T. Story, Edward Curran.


1879, Hiram Griggs, Charles R. Knowles, Thomas H. Greer, W. W. Braman.


1880, William H. Slingerland, Hiram Griggs, Ignatius Wiley, Joseph Hynes, Thomas Liddle.


1881, Miner Gallup, Andrew S. Draper, Aaron B. Pratt, George Campbell.


1882, Michael J. Gorman, Aaron Fuller, Amasa J. Parker, jr., John McDonough.


1883, Daniel P. Winne, Warren S. Kelley, Edward A. Maher, Joseph Delahanty. 1884, John Zimmerman, Hiram Becker, Edward A. Maher, James Forsyth, jr.


17


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1885, Stephen H. Niles, Lansing Hotaling, Patrick Murray, Terence I. Hardin. 1886, John Bowe, Smith O'Brien, Norton Chase, Terence I. Hardin.


1887, Horace T. Devereux, Vreeland H. Youngman, William J. Hill, John T. Gorman.


1888, Frederick W. Conger, Vreeland H. Youngman, William J. Hill, John T. Gorman.


1889, Jervis L. Miller, Vreeland H. Youngman, Galen R. Hitt, William Burton Le Roy.


1890, Galen R. Hitt, William B. Le Roy, Michael J. Nolan, William B. Page. 1891, John T. Gorman, Galen R. Hitt, Michael J. Nolan, Walter E. Ward.


1892, John T. Gorman, Galen R. Hitt, Artcher La Grange, Walter E. Ward. 1893, Howard P. Foster, James Hilton, Myer Nussbaum, George S. Rivenburgh. 1894, James Brennan, Curtis N. Douglas, William Lasch, William A. Carroll. 1895, Amos J. Ablett, James Keenholts, Frank Bloomingdale. Jacob L. Ten Eyck. 1896, Amos J. Ablett, James Keenholts, George T. Kelly, Robert G. Sherer.


County Treasurers .- Previous to the adoption of the constitution of 1846, treasurers were appointed by the various Boards of Supervisors, and the board is still authorized to fill vacancies in that office. Since and including the year 1848, treasurers have been elected. In Albany county they have been as follows: 1848, James Kidd; 1851, Cornelius Ten Broeck; 1854, Richard J. Grant; 1857, Adam Van Allen; 1860, Thomas Kearney; 1866, Steven V. Frederick; 1869, Alexander Ken- edy; 1872, Nathan D. Wendell; 1878, Henry Kelly; 1881, Albert Gal- lup; 1884, John Battersby, re-elected in 1887; 1890-97, John Bowe; 1897-1900, Edward Barkley.1


CHAPTER XII.


JUDICIARY AND BAR OF ALBANY COUNTY.


In the earliest years of the Dutch and English settlements in Amer- ica, the constituted authorities were invested with broad powers; but these could be exercised only within the restrictions of the laws of the mother country. By the terms of its charter the West India Company was supreme, and all power was vested in the Director-General and Council, who were to be governed by the Dutch (Roman) law, the im- perial statutes of Charles V and the edicts, resolutions and customs of


1 For all Court officers see next chapter.


MATTHEW HALE.


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the United Netherlands, in all cases not otherwise provided for. The Dutch at home were governed by a league of commercial guilds, rep- resented in the States-General, that the organized interests of each class of people might be protected. The principle of conserving the ancient and vested rights of all the people as against any portion thereof, even a majority, and as against a government itself, was the foundation principle of the Dutch provincial authority on this side of the water, as well as in the mother country, and distinguished it from any of the English colonies.


It was not until 1624, a year before the accession of Charles I and the beginning of the second period of the Thirty Years War, that gov- ernment was actually established in New Netherland. In 1629 the manorial system was introduced, as we have fully described it. While the Patroons were invested with the powers and privileges of feudal barons, no political or judicial change could be introduced without con- sent of the home government. In Massachusetts the Puritans were then just beginning to organize a government having in view as a principal object "the propagation of the gospel." That was the parent colony of New England. The colonists on the Connecticut River were first governed by commissioners appointed by the General Court of Massachusetts. In 1637 delegates from the three towns of Hartford, Windsor, and Wethersfield were associated with the commis- sioners and in 1639 a written constitution was adopted under which all freemen of the three towns were made equal before the law. In June, 1639, the government of the colony of New Haven was organized, the Bible was declared to be the constitution and none but church mem- bers were admitted to citizenship, the government being vested in seven men called Pillars.


In 1638 and 1640 the privileges of the Patroons were considerably abridged, while those of free settlers were correspondingly extended. Wherever the people settled in sufficient numbers the West India Com- pany was bound to give them a local government, the officers to be appointed by the Director-General and Council, as in the Netherlands.


Upon the breaking out of the Indian war in 1641, Director Kieft was seriously alarmed and invited all masters and heads of families resid- ing in New Amsterdam and its vicinity to assemble in the fort on August 28. That was the first official recognition of the existence of "the people" in New Netherland. The freemen assembled and ob- tained something of the rights enjoyed by other colonists around them.


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They expressed themselves on the questions submitted to them and then appointed Twelve Men to represent them. These were as fol- lows:


David Pietersen de Vries, president; Jacques Bentyn, Jan Jansen Dam, Hendrick Jansen, Maryn Adriaensen, Abram Pietersen (the miller), Frederick Lubbertsen, Jochim Pietersen Kuyter, Gerrit Dircksen, George Rapalje, Abram Planck, Jacob Stoffelsen, Jan Evertsen Bout, Jacob Walingen.


They complained to Kieft of the arbitrary constitution of the gov- ernment and asked that such reforms be introduced as should prevent taxation of the country in absence of the Twelve; also, that four men be chosen from the Twelve each year who should have access to the Council. Thus they sought representation by the people. Kieft prom- ised these reforms, and then reminded them that they were called to- gether simply to consider how to escape the vengeance of the Indians.


The issue thus raised was a natural one. These men were asking only for the Dutch system, which had been perfectly satisfactory to them at home. When, in 1643, the Indian troubles and complications with the English had reached ominous proportions, Kieft again called the freemen together and requested them "to elect five or six persons from among themselves " to consider propositions to be made by the Director and Council, a representative body for the enactment of laws was instituted. The people preferred to leave the selection of the representatives to the director, asking only the right to reject an un- desirable nomination. The Eight Men were then elected. The cer- tificate of the election is on record signed by twenty eight freemen. The Eight Men were as follows:


Cornelis Melyn, president, Jochim Pietersen Kuyter, Jan Jansen Dam, 1 Barent Dircksen, Abram Pietersen, the miller, Isaac Allerton, Thomas Hall, Gerrit Wolph- ertsen (van Couwenhoven), Jan Evertsen Bout, 2 Jacob Stoffelsen, John Underhill, Francis Douty, George Baxter, Richard Smith, Gysbert Opdyck, Jan Evertsen Bout, Oloff Stevensen van Cortlandt.


This body of men assembled September 15 and passed upon impor- tant questions of war and performed other legislative acts.


Complaints from the colonists continued and were finally referred to the home Chamber of Accounts, which reported in March, 1645, sus- taining the complainants, and approving the organization of villages after the manner of the English.


The Patroon's charter of 1629, extended in 1640, authorized the


1 Expelled September 15.


2 In place of Dam, expelled.


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colony to appoint Duputies to inform the Director and Council of their condition when necessary. It was now suggested that these deputies should, at the summons of the Director-General, hold an assembly every six months for the general welfare and to deliberate on impor- tant affairs. Kieft was recalled in December, 1644. The Commission- ers of the Assembly of the XIX of the General Privileged West India Company acted on the report alluded to in their instructions to the Director and Counsel of July 7, 1645. The Council was to consist of "the Director as president, his vice-president and the Fiscal." In cases in which the Advocate-fiscal appeared as Attorney-General, civil or criminal, the military commandant was to sit in his stead. If the charge was criminal, three persons were to be associated from the commonalty of the district where the crime was committed. The Su- preme Council was the sole body " by whom all occurring affairs re- lating to police, justice, militia, the dignity and just rights of the Com- pany " were to be decided; it was an executive, administrative, and also a judicial body.


When Petrus Stuyvesant arrived (May 27, 1647,) he set about re- storing the disordered government with vigor. Besides inaugurating new and stringent regulations in many directions, he ordered an elec- tion of eighteen men, from whom he selected Nine as "Interlocutors and Trustees of the Commonalty," or "Tribunes " of the people. These Nine Men were to hold Courts of Arbitration weekly and to give ad- vice to the Director and Council. They were appointed September 25, 1647, and were as follows:


1647, Augustine Heerman, Arnoldus van Hardenburgh, Govert Loockermans, merchants; Jan Jansen Dam, Hendrick Hendricksen Kip, Jacob Wolphertsen van Couwenhoven, burghers; Michael Jansen, Jan Evertsen Bout, Thomas Hall, farmers.


1649, Adriaen van der Donck, president; Augustine Heerman, Arnoldus van Hardenburgh, Govert Loockermans, Oloff Stevensen van.Cortland, Hendrick Hen- dricksen Kip, Michael Jansen, Elbert Elbertsen (Stoothof), Jacob Wolphertsen van Couwenhoven.


1650, Oloff Stevensen van Cortland, president; Augustine Heerman, Jacob van Couwenhoven, Elbert Elbertsen, Hendrick Hendricksen Kip, Michael Jansen, Thomas Hall, Govert Loockermans, J. Evertsen Bout.


1652, David Provost, William Beeckman, Jacobus van Curler, Allard Anthony, Isaac de Forest, Arent van Hattem, Jochim Pietersen Kuyter, Paulus Leendertsen van der Grist, Peter Cornelissen, miller.


Three of the Nine in each year were taken from the merchants, three from the burghers, and three from the farmers, thus continuing the old Netherland system.


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The colony now became the scene of a prolonged contest and numer- ous lengthy petitions went from the colonists to the States-General for a burgher government and other changes. The burgher government was finally granted in 1653. Burgomasters had been in power in Hol- land since the fourteenth century, and it was contemplated by the States-General that they should be elected by the burghers in New Amsterdam. But the Director and Council assumed the right to ap- point them and exercised it until 1658, when a double number were nominated, from whom the Director and Council selected the members for the ensuing year. These Burgomasters were ex-officio rulers of the city and continued until 1674.


Local officers, or inferior courts, with limited jurisdiction were au- thorized in various villages from time to time. As far as related to the Van Rensselaer Manor, the patroon was invested with power to ad- minister civil and criminal justice in person or by deputy; to appoint local officers and magistrates: to erect courts and take cognizance of all crimes committed within his domain; to keep a gallows,1 if required, for the execution of criminals. One of the lesser degrees of punish- ment was " banishment from the colonie;" another was corporal pun- ishment. In civil cases of all kinds between the Patroon and his tenants, these courts had jurisdiction, and from their judgments in matters affecting life and limb and in suits where more than $20 was involved, appeal could be taken to the Director-General and Council.


The government itself was vested in a General Court which exer- cised executive, legislative, or municipal and judicial functions, and which was composed of two Commissaries and two Councilors, who correspond to modern justices of the peace. Adjoined to this court were a Colonial Secretary, a Sheriff (or Schout. Fiscal) and a Court Messenger or Constable. Each of these received a small salary. The magistrates of the "colonie " held office one year, the court appoint- ing their successors or continuing those already in office.


The most important of these officials was the Schout-Fiscal, who was bound by instructions received from the Patroon. No man in the " colonie " was subject to loss of life or property unless under sen- tence of a court composed of five persons, and all persons accused were entitled to a speedy trial. The public prosecutor was especially warned


1 There was a curious restriction connected with the gallows, to the effect that if it fell pending an execution, a new one could not be built, except for hanging another criminal.


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not to receive presents or bribes, nor to be interested in trade or com- merce, directly or indirectly. He was paid a fixed salary, with a dwelling free, and given all fines amounting to ten guilders or under, and a third of all forfeitures over that sum.


Jacob Albertsen Planck was the first sheriff of Rensselaerwyck. Arendt Van Curler, who came over as assistant commissary, was soon afterward appointed commissary-general, or superintendent of the "colonie." Brant Peelen, Gerrit de Reus, Cornelis Teunissen van Brceckelen, Pieter Cornelissen van Munickendam, and Dirck Jansen were, if not the first, at least among the earliest magistrates of the settlement at Fort Orange.


Governor Dongan's report to the Committee of Trade, dated Febru- ary 22, 1687, has the following information that is pertinent here:


There is likewise in New York and Albany a Court of Mayor and Aldermen held once in every fortnight, from whence their can be noe appeal unless the cause of action bee above the value of Twenty Pounds, who have likewise priviledges to make bylaws for ye regulation of their own affairs as they think fitt, soe as the same be approved of by ye Gov'r and Council.


Their Mayor, Recorders, town-clerks and Sheriffs are appointed by the Governor.


The mayor, recorder and aldermen of the city of Albany, or any three of them, were, in 1686, ex officio members of the old Court of Common Pleas, acting when there was no judge present. On May 27, 1691, Peter Schuyler was appointed presiding judge of that court; on May 27, 1702, he was succeeded by John Abeel, who served only until October, when Mr. Schuyler was reappointed and served for fifteen years. He was succeeded December 23, 1717, by Kilian Van Rensse- laer, who presided until 1726, when Rutger Bleecker succeeded to the office. In 1733 Ryer Gerritsen was appointed, and served to Novem- ber 28, 1749, when he was succeeded by Robert Sanders. This court convened on the 5th day of April, 1750. Present-


Robert Sanders, Sybr't G. Van Schaick esqr's, judges; John Beekman, Leonard A. Gansevoort, Robert Roseboom, assistants.


At the Court of Common Pleas held at the City Hall in Albany, Oc- tober 3, 1759, Volkert P. Douw was one of the judges; this is the first time his name appears in the records as an occupant of the bench. He presided until January, 1771, and was succeeded by Rensselaer Nicolls. The colonial Court of Common Pleas held regular terms until 1776, when it was dissolved under the influence of the animating spirit of independence. Its last presiding judge was Henry Bleecker,


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and its last term began January 19, 1776. Judge Volkert P. Douw was commissioned first judge of the Albany County Court of Common Pleas January 6, 1778. The later list under the heading of County Court shows the other incumbents of the office.


Among the prominent lawyers of the colonial time were Richard Gansvoort, A. Sylvester, Robert Yates, Peter W. Yates, and a Mr. Corry, of whom the Yates brothers had a large amount of practice for those days.


On the 1st of January, 1785, the terms of the Supreme Court were directed to be held at Albany on the last Tuesday of July and the third Tuesday in October. Therefore, the first term of that court ever held in Albany convened on the last Tuesday of July, of that year, with Hon. Richard Morris, who had been appointed chief justice in place of John Jay, presiding.


With the accession of the English a new order of judicial administra- tion came into existence. There was the Court of Assizes, which was established under the Duke's Laws at Hempstead in 1665. This court was composed of the governor, members of the council, high sheriff, and such justices of the peace as might attend. It sat in New York and only once a year, but special terms could be called. Its jurisdic- tion extended over all criminal matters, and in civil cases where the value of £20 or more was involved. This court was abolished in 1683.


In 1683 an act was passed " to settle Courts of Justice," which ordered the holding of a Court of Oyer and Terminer in the respective counties of the province, composed of one judge, assisted by four justices of the peace in each county. In New York city and the city of Albany, the mayor, recorder, and four aldermen were associated with the judge. This court had jurisdiction over all capital criminal causes, and appel- late jurisdiction where £5 or more was involved. The authority for holding the court was derived from the governor; the court was abol- ished in 1691. Courts of Sessions and Justices' Courts were also con- tinued and a Court of Chancery established. The Court of Sessions was ordered to be held in New York four times, in Albany three times, and in the other ten counties twice in each year. In New York the court was composed of the mayor and four aldermen; in Albany of the mayor and the justices of the peace. All cases civil and criminal were determined by it, with a jury; but actions involving £5 or more could, upon application, be removed to the Court of Oyer and Terminer.


In 1686, when Albany city was incorporated, a Mayor's Court was


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established, which was composed of the mayor, recorder and four alder- men, associated with the judge in holding the Court of Oyer and Term- iner. It is believed that this court possessed the functions of a Court of Sessions.


The Court of Chancery was founded, with the governor or his ap- pointee as chancellor, assisted by the council. This court expired by limitation in 1698, but was revived by ordinance August 28, 1701; it was suspended June 13, 1703, and finally re-established November 7, 1704. It ceased its existence in July, 1847, under the new constitu- tion. It was an equity court and by the second constitution equity powers were vested in the circuit judge, subject to the appellate juris. diction of the chancellor.


Albany county men who held the office of master of the Colonial Court of Chancery were John Abeel and Evert P. Banker, October 13, 1705, and P. P. Schuyler, 1768.


Chancellors of the State Court of Chancery who resided in Albany were John Lansing, jr., October 21, 1801; James Kent, October 25, 1814; Reuben H. Walworth, April 22, 1828.


The third judicial system was organized in 1691 and continued through the colonial period. In that year the Court for the Correction of Errors and Appeals was founded, consisting of the Governor and Council. Appeals lay to this court from any judgment exceeding in value £100, which amount was increased in 1753 to £300.


By the 32d article of the constitution of 1777 a Court for the Trial of Impeachments and Correction of Errors was provided for, to consist of the president of the Senate for the time being, the senators, chancellor and judges of the Supreme Court, or a majority of them. The im- peachment functions of this court were directed against corrupt con- duct by State officials. In the correction of errors, appeals were al- lowed to it from the Court of Chancery, Supreme Court, and Court of Probate. This court was continued under the constitution of 1821, with slight change, but was abolished by the constitution of 1846. Its powers and duties were then conferred upon a new court, the Court for the Trial of Impeachments, as far as that feature of the former court was concerned. The new court was composed of the president of the Senate, the senators, or a majority of them, and the judges of the Court of Appeals, or a majority of them. When summoned this court is held in Albany. The Court for the Trial of Impeachments and Correction of Errors, as far as the correction of errors is concerned,




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