USA > New York > Albany County > Landmarks of Albany County, New York > Part 15
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 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124 | Part 125 | Part 126 | Part 127 | Part 128 | Part 129 | Part 130 | Part 131 | Part 132 | Part 133 | Part 134 | Part 135
18
138
was succeeded by our Court of Appeals, which was organized under the constitution of 1846. As first formed it consisted of eight judges, four of whom were chosen by the electors for a term of eight years, and four were selected from the class of the Supreme Court justices having the shortest term to serve. The judge elected who had the shortest term to serve, acted as chief judge. This court was reorgan- ized by the convention of 1867-8, the article relating to the judiciary being ratified by the people in 1869. By that article this court con - sisted of a chief judge and six associate judges, who hold office for terms of fourteen years. The new article also provided for a Commis- sion of Appeals, composed of four judges of this court in office when the article went into effect, and a fifth commissioner. Their term was three years and they selected their chief. This commission served un- til 1875, for the relief of its sister court.
In 1888, the Legislature passed a concurrent resolution that section 6 of article 6 of the constitution be amended so that upon the certifi- cate of the Court of Appeals to the governor of such an accumulation of causes on the calendar of the Court of Appeals, that the public in- terests required a more speedy disposition thereof, the governor may designate seven justices of the Supreme Court to act as associate judg- es for the time being, of the Court of Appeals, and to form a second division of that court, and to be dissolved by the governor when the said causes are substantially disposed of. This amendment was sub- mitted to the people of the State at the general election of that year and was ratified, and in accordance therewith the governor selected seven Supreme Court justices, who were constituted the Second Division of the Court of Appeals.
Under the system of 1691 were established also the Court of Common Pleas and the Supreme Court. The criminal side of the latter was what constituted the Court of Oyer and Terminer. The Supreme Court expired by limitation in 1698, was continued by proclamation January 19, 1699, and finally by ordinance May 15, 1699. Its powers and jurisdiction were broad, but it was without equity jurisdiction. Any case involving £20 or more could be commenced in, or returned to, it and it could correct errors and revise the judgments of the lower courts. Appeals lay from it to the Governor and Council in cases in- volving £100 or more, which amount was, as before stated, increased to £300 in 1753. The court held four terms annually, sitting in New York only. It consisted of five judges, two of whom with the chief
139
judge, could act. In November, 1758, a fourth judge was added to constitute the acting bench. Persons who had served seven years un- der an attorney or had taken a collegiate course and served three years apprenticeship, were granted license to practice in this court by the governor. The first constitution recognized the Supreme Court as it then existed. It was reorganized May 3, 1777, but with only slight changes. In 1785 two terms were directed to be held in Albany and two in New York each year, and the clerk's office was directed to be kept in New York and that of his deputy in Albany. By an act passed April 19, 1786, one or more of the justices of the Supreme Court were required to hold during the vacations, and oftener if necessary, Circuit Courts in each of the counties of the State, for the trial of all issues triable in the respective counties. The proceedings were to be returned to the Supreme Court, where they were to be recorded and judgment given according to law. On March 10, 1797, the judges were author- ized to appoint an additional clerk, with an office in Albany. In 1807 another clerk's office was established in Utica. The first rules of the court were adopted at the April term in 1796. In the same year a law was passed directing this court to designate at its April term one of their number to hold a Circuit Court in the western, one in the middle, and one in the southern district. An act of February, 1788, provided for holding a Court of Oyer and Terminer by the justices at the same time with the Circuit. Two or more of the judges and assistant judges of the Court of Common Pleas were to sit in the Oyer and Terminer with the justices. In the city of Albany the mayor, recorder and al- dermen were associated with them.
The constitution of 1821 made several important changes in this court. For example, it was to sit four times a year in review of its own decisions and to determine questions of law; each justice, however, could hold circuit courts, as well as the circuit court judges, and any justice of the Supreme Court could preside at the Oyer and Terminer. The court had power to amend its practice in cases not covered by statute and was directed to revise its rules every seven years, to sim- plify proceedings, expedite decisions, diminish costs and remedy abuses. The judges were appointed by the governer with consent of the Senate and held office during good behavior or until sixty years of age. Their number was reduced to three and from 1823 they were allowed $2,000 each annually; this sum was increased to $2,500 in 1835 and in 1839 to $3,000. Two of the terms were held at the Capitol in
140
Albany. The act of 1691 gave this court cognizance of matters of ex- chequer, thus removing the necessity for the Court of Exchequer which was established by Governor Dongan in 1685.
The constitution of 1821 also created a Circuit Court, which was the nisi prius or trial court of the Supreme Court. At least two Circuit Courts and Courts of Oyer and Terminer were required to be held in each county annually, the circuit judge presiding.
The following persons have held the office of circuit judge from Al- bany county : William A. Duer, April 21, 1823; James Vanderpoel, January 12, 1830; Amasa J. Parker, March 6, 1844.
The constitution of 1846 abolished the Supreme Court as it then ex- isted and established a new one with general jurisdiction in law and equity. The State was divided into eight judicial districts, in each of which four justices were elected, except in the first (New York city) where five were elected. Albany county was placed in the third dis- trict. The term of office was made eight years, but the amended judi- ciary article made the term as at present, fourteen years. This court possesses the powers and exercises the jurisdiction of the preceding Supreme Court, the Court of Chancery, and the Circuit Court under the constitution of 1846 and the judiciary act of May 12, 1847. On April 27, 1870, the Legislature abolished the General Terms as then existing and divided the State into four departments, providing for General Terms to be held in each. The governor designates a presid- ing justice and two associate justices for each department to compose the General Term. At least two terms of Circuit Court and Court of Oyer and Terminer were held annually in each county and as many Special Terms as the justices in each department deemed necessary. Following are the names of those who have held the office of Supreme Court justice and judge of the Circuit Court from Albany :
Chief Justices from Albany County of the Supreme Court from 1777 to 1847 .- Robert Yates, September 28, 1790; John Lansing, jr., February 15, 1798; James Kent, July 2, 1804; Smith Thompson, February 3, 1814; Ambrose Spencer, February 9, 1819; Greene C. Bronson, March 5, 1845.
Puisne Justices of the Supreme Court .- Robert Yates, May 8, 1777; John Lan- sing, jr., September 28, 1790; Ambrose Spencer, February 3, 1804; Greene C. Bron- son, January 6, 1836.
Judges of the Supreme Court under the Constitution of 1846 .- Ira Harris, June 7, 1847; Elisha P. Hurlbut, June 7, 1847; Malbone Watson, June 7, 1847, and No- vember 8, 1853; Amasa J. Parker, June 7, 1847; Ira Harris, November 4, 1851; Deo- datus Wright, April 20, 1857: Rufus W. Peckham, November 8, 1861; William L.
141
Learned, June 21, 1869; Rufus W. Peckham, jr., November 6, 1883; William L. Learned, November, 1884; D. Cady Herrick, 1892.
Judges of the Supreme Court under the Constitution of 1894 .- Appellate Divi- sion, D. Cady Herrick, 1896; Trial Term, Alden Chester, 1896.
Surrogates .- Courts for the care and administration of estates have come down from the first Orphan's Court. Originally the Director- General and Council of New Netherland were guardians of widows and orphans. It was the duty of church deacons to attend personally to these interests and to notify the director of the death of parents. In New Amsterdam the burgomasters became ex-officio Orphan Masters in 1853, but at their own request they were soon relieved of the duty and two special Orphan Masters were appointed. At Fort Orange in 1652 the Vice-Director was appointed, and in 1657 Jan Verbeck and Evert Wendel.
By the Duke's Laws authority to grant probate of wills was vested in the Court of Assizes and Court of Sessions. This duty being a part of the royal prerogative, was subsequently reserved to the governor, and the Legislature accordingly, on November 11, 1692, passed a law directing that all probates and letters of administration be thereafter granted by the governor or his delegate, and that two freeholders be appointed in each town to have charge of the estates of intestates. This method constituted the Prerogative Court.
In 1778 the Legislature passed a law taking from the governor the powers described above and transferring them to the judge of the Court of Probates, except in the appointment of surrogates. In 1787 the appointment of a surrogate in each county was authorized, while the judge of the Court of Probates continued to hold jurisdiction in cases out the State and of non-residents within the State. An act of March 10, 1797, provided for holding the Court of Probates in Albany and that the judge and clerk should remove the documents here and reside here. The court held appellate jurisdiction over the Surrogate's Court. It was abolished March 21, 1823. The Albany citizens who held the office of judge in this court were as follows: Leonard Ganse- voort, April 5, 1799; T. Van Wyck Graham, March 16, 1813; Gerrit Y. Lansing, July 8, 1816.
Under the first constitution surrogates were appointed for an un- limited period by the Council of Appointment. Under the second constitution they were appointed by the governor and Senate for four
142
years, and appeals went up to the chancellor. The constitution of 1846 abolished the office except in counties having 40,000 population or more and transferred its duties to the county judge. In counties with more than 40,000, surrogates are elected for six years. The sur- rogates of Albany county have been as follows:
John De Peyster, April 3, 1756: William Hannah, November 18, 1766; Peter Lansingh, December 3, 1766; Stephen De Lancey, September 19, 1769; John De Peyster, March 23, 1778; Henry Oothoudt, April 4, 1782; John De P. Douw, April 4, 1782; Abraham G. Lansing, March 13, 1787; Elisha Dorr, April 12, 1808; John H. Wendell, March 5, 1810; Richard Lush, June 11, 1811; John H. Wendell, March 3, 1813; George Merchant, March 17, 1815; Christopher C. Yates, April 19, 1815; Ebenezer Baldwin, July 7, 1819; Abraham Ten Eyck, jr., February 19, 1821; Thomas A. Brigden, April 11, 1822; Anthony Blanchard, April 9, 1831; Moses Patten, February 28, 1840; Anthony Blanchard, February 28, 1844; Lewis Benedict, jr., June, 1847; Orville H. Chittenden, November, 1851; James A. Mckown, No- vember, 1855; Justus Haswell, November, 1859; Israel Lawton, November, 1863; Peter A. Rogers, November, 1871; Francis H. Woods, November, 1883; Martin D. Conway, 1889; George H. Fitts, 1895.
County Court .- The act of 1683 directed that a Court of Sessions be held by three justices of the peace in each of the twelve counties of the province, four times annually in New York, three times in Albany, and twice in each of the other counties. By the act of 1691 and ordinances of 1699, the functions of this court were confined to crim- inal matters, while civil cases were transferred to the Court of Com- mon Pleas. The latter court was established in New York and Albany by the charters of 1686 and a Court of Common Pleas was erected for each county by the act of 1691. Composed at first of one judge and three justices, it was ordered in 1702 that the judge be assisted by two or more justices, all to be appointed by the governor. Its jurisdiction embraced all actions, real, personal and mixed, where more than £5 are involved. It was based upon the practice of the King's Bench and Common Pleas at Westminster, England. Appeals were allowed to the Supreme Court where the amount involved exceeded £20. This court continued through the colonial period. Under the first constitution the number of judges and assistant justices varied greatly in the different counties, reaching in some counties as many as twelve. On March 27, 1718, the office of assistant justice was abol- ished and the number of judges limited to five, inclusive of the first judge. The constitution of 1821 continued this court with little change. The criminal side of the court was the Court of Sessions, which was the name of the criminal side of our County Court up to the adoption
Jacob Chite
143
of the present Constitution. The judges were appointed by the Gov- ernor and the Council of Appointment down to 1821, after which they were appointed by the Governor and Senate down to 1846, when the office was made elective.
The constitution of 1846 abolished the Court of Common Pleas and created the County Court, providing for the election in each county, except in the city of New York, of one county judge who should hold a court and have jurisdiction in cases arising in Justices' Court and in such special cases as the Legislature might order. Upon this court the Legislature has conferred jurisdiction in actions for debt in sums not exceeding $2,000; in replevin suits for $1,000; in cases of trespass and personal injury not exceeding $500; also equity jurisdiction for mortgage foreclosures, sale of infants' real estate, partition of lands, admeasurement of dower, satisfaction of certain judgments, etc. The tenure of office of county judge was extended from four to six years. Associated with the county judge were two justices of the peace to be designated by law to hold Courts of Sessions, with such criminal juris- diction as the Legislature might prescribe. The Constitution of 1894 changed somewhat the powers and forms of the court, the principal changes being in the criminal side of the court. Following are the names of the first judges of the Court of Common Pleas and of the County Court after its erection :
Mayor, Recorder and Aldermen of Albany, or any three of them, from 1686. Peter Schuyler, May 27, 1691; John Abeel, May 27, 1702; Peter Schuyler, October 14, 1702; Killiaen Van Rensselaer, December 23, 1717; Rutger Bleecker, December 23, 1726; Ryer Gerritse, December 23, 1733; Robert Sanders, November 28, 1749; Sybrant Goose Van Schaick, January 5, 1758; Rensselaer Nicoll, May 14, 1762; Abraham Ten Broeck, March 4, 1773; Walter Livingston, March 22, 1774; John H. Ten Eyck, March 21, 1775; Volkert P. Douw, January 6, 1778; Abram Ten Broeck, March 26, 1781; Leonard Gansevoort, March 19, 1794; John Tayler, February 7, 1797; Nicholas N. Quackenbush, January 13, 1803; David McCarty, March 13, 1804; Charles D. Cooper, March 29, 1806; Jacob Ten Eyck, June 8, 1807; Apollos Moore, June 6, 1812; James L'Amoreaux, March 15, 1828; Samuel Cheever, March 12, 1833; John Lansing. May 17, 1838; Peter Gansevoort, April 17, 1843; William Parmelee, June, 1847; Albert D. Robinson, November, 1851; George Wolford, November, 1859; Jacob H. Clute, November, 1863; Thomas J. Van Alstyne, November, 1871; John C. Nott, November, 1883; Jacob H. Clute, 1889; Clifford D. Gregory, 1895.
District Attorneys .-- Under the act of February 12, 1796, this State was divided into seven districts, over which an assistant attorney-gen- eral was appointed by the Governor and Council, to serve during their pleasure. The office of district attorney was created April 4, 1801,
144
the State being divided into seven districts, as before, but subsequently several new ones were formed. By a law passed April, 1818, each county was constituted a separate district for the purposes of this office. During the life of the second constitution, district attorneys were ap- pointed by the Court of General Sessions in each county. The follow- ing persons have held this office in Albany county :
Abraham Van Vechten, February 16, 1796; Samuel S. Lush, April 6, 1813; David L. Van Antwerp, June 21, 1818; Samuel A. Foote, July 3, 1819; Benjamin F. Butler, February 19, 1821; Edward Livingston, June 14, 1825; Rufus W. Peckham, March 27, 1838; Henry G. Wheaton, March 30, 1841; Edwin Litchfield, March 30, 1844; Andrew J. Colvin, March 21, 1846; Samuel H. Hammond, June, 1847; Andrew J. Colvin, November, 1850; Hamilton Harris, November, 1853; Samuel G. Courtney, November, 1856; Ira Shafer, November, 1859; Solomon F. Higgins, November, 1862; Henry Smith, November, 1865; Rufus W. Peckham, jr., November, 1868; Na- thaniel C. Moak, November, 1871; John M. Bailey, November, 1874; Lansing Hotal- ing, November, 1877; D. Cady Herrick, November, 1880; Hugh Reilly, appointed vice Herrick resigned June, 1886, and elected 1889; James W. Eaton, 1891; Eugene Burlingame, 1894.
County Clerks .- During the colonial period the county clerk was clerk of the Court of Common Pleas, clerk of the Peace, and clerk of the Sessions of Peace, in his own county. Under the first constitution it was his duty to keep the county records and act as clerk of the In- ferior Court of Common Pleas and clerk of the Oyer and Terminer. These last named duties were conferred by the act of Febauary 12, 1796. The seals of the county clerks were the seals of the Court of Common Pleas in their respective counties. County clerks are now clerks of the Supreme Court, Court of Oyer and Terminer, County Court and Court of Sessions. Since the adoption of the constitution of 1821 the term of office has been three years. Following are the names of those who have held this office in Albany county :
Ludovicus Cobes, 1669; Robert Livingston, 1675; Johannes Cuyler, March 2, 1690; Robert Livingston, 1691; William Shaw, 1696; Robert Livingston, 1705; Philip Liv- ingston, 1721; John Colden, February 23, 1749: Harme Gansevort, September 25, 1750; Witham Marsh, 1760; Stephen De Lancy, January 25, 1765; Leonard Ganse- voort, May 8, 1777; Matthew Vischer, 1778; Richard Lush, September 29, 1790; Charles D. Cooper, March 3, 1808; William P. Beers, February 28, 1810; Charles D. Cooper, February 5, 1811; John Lovett, March 3, 1813; George Merchant, March 31, 1815; Henry Truax, June 6, 1820; George Merchant, February 19, 1821; L. L. Van Kleeck, November, 1822; Conrad A. Ten Eyck, November, 1828; Henry B. Haswell, November, 1837; William Mix, November, 1843; Lawrence Van Dusen, November, 1846; Robert S. Lay, November, 1849; Robert Harper, November, 1852; Robert Bab- cock, November, 1855; Smith A. Waterman, November, 1861; Giles K. Winne, Feb-
EUGENE BURLINGAME.
146
Harris Parr, November, 1867; George A. Birch, November, 1870; Albert Gallup, November, 1873; John Wemple, November 6, 1876; James A. Houck, November, 1879; William H. Keeler, November, 1882; John W. Hart, 1885; James Rooney, 1888; Isaac B. Cross, 1891; Lewis V. Thayer, 1894.
No county in this State has had a more distinguighed bar than Al- bany. The fact that here is located the capital may have been to some extent influential in bringing to Albany men of eminence in the legal profession; but whether this is or is not true, the bar and judiciary of Albany includes the names of many men which have been familiar throughout the State and nation, both professionally and in connection with public affairs. It is proper that a few of these shall receive spe. cial mention in this chapter.
BIOGRAPHICAL. 1
One of the very early prominent attorneys whose career deserves brief mention here was Robert Yates. He was born in 1738 and early in life settled in Albany where he became conspicuous in public affairs. He was associated with the other eminent members of the committee ap- pointed August 1, 1776, to prepare a form of government for the State of New York, which led directly to the adoption of the first constitution. He was a member of the first Provincial Congress of 1775, and also of the second, which convened in February, 1776. On May 8, 1777, he was appointed a justice of the Supreme Court of the State, serving thus to October, 1790, when he was appointed chief justice of the State. In 1787 Judge Yates was appointed by the Legislature, with Alexander Hamilton and John. Lansing, jr., a delegate to the convention which formed the constitution of the United States. He, with Mr. Lansing, withdrew from that convention because it did not more effectually se- cure the rights of the separate States. Judge Yates was also a com- missioner for the settlement of the rival claims between New York and Vermont, and Massachusetts and Connecticut. His death took place in 1801.
John Lansing, jr., was born in Albany, January 30, 1755, and studied law with Robert Yates and later with James Duane, of New York. In 1776-7 he was secretary to Major-General Schuyler, commanding the Northern Department. After his admission to the bar Mr. Lansing
1 Biographical notices of a large number of the bar and judiciary of the county will be found in Parts II and III of this volume,
147
began practicing in Albany and met with great success. He became very prominent in public affairs and ably filled many honorable stations, as follows: Member of assembly in sessions 4 to 7 inclusive from Albany; appointed member of congress February, 1784, and re- appointed; elected speaker of the Assembly January, 1786; appointed mayor of Albany September 29, 1786; in 1786 again elected to the Assembly, and in January, 1787, made member of congress under the confederation; March 6, 1787, appointed delegate to the Philadelphia convention that framed the United States constitution; elected speaker of the Assembly, December, 1788; appointed, March, 1790, a commis- sioner in settling the New York and Vermont controversy, and on September 28 following, he was appointed one of the justices of the Supreme Court of the State; February 15, 1798, appointed chief justice of the Supreme Court of the State, succeeding Mr. Yates; October 21, 1801, appointed chancellor of the State; in 1804, declined nomination for the office of governor. This distinguished career was brought to a sudden close December 12, 1829, when Judge Lansing was in New York; leaving his hotel to mail an important letter on the Albany steamboat, he was never seen or heard of afterwards.
It has been written of Abraham Van Vechten, that "no name is more honored in the State than his-honored not only as a learned, eloquent, and eminently successful lawyer, but as a legislator whose wisdom and profundity are seen in the enactment of many of the laws that have given protection and greatness to the State of New York." He was born in Catskill, December 5, 1762, graduated at what is now Columbia College, and studied law with John Lansing. After a short period of practice in Johnstown he settled in Albany, where he soon ranked high among older and more experienced lawyers. His large practice soon carried him before the higher courts, where he greatly distinguished himself and opened the way for his preferment in public office. He was repeatedly elected to the Legislature, and in 1813 was appointed attorney-general of the State, and during the administration of John Jay he was tendered the office of judge of the Supreme Court of the State; but he preferred to remain directly in the practice of his profession and declined the high honor. He was recorder of Albany, 1797-1808; regent, 1797-1823; State senator, 1798-1805; member of assembly, 1805-15; attorney-general, 1810 and 1813, and a member of the Constitutional Convention of 1821. For "over half a century his
145
ruary 9, 1865; Isaac N. Keeler, June 20, 1868; John McEwen, November, 1868; Albert C. Judson, November, 1871; William E. Haswell, November, 1874; John Larkin, November, 1877; William D. Strevell, November, 1883; Robert H. Moore, November, 1886; Ansel C. Requa, 1889; James D. Walsh, 1892; James M. Borst- wick, 1895.
Sheriffs .- During the colonial period sheriffs were appointed annually in the month of October, unless otherwise noticed. Under the first constitution they were appointed annually by the Council of Appoint- ment, and no person could hold the office more than four successive years. Neither could a sheriff hold any other office, and must be a freeholder in the county where appointed. Since the adoption of the constitution of 1821, sheriffs have been elected for a term of three years, and are ineligible to election for the next succeeding term. The following persons have held this office in Albany county :
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.