Landmarks of Albany County, New York, Part 16

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

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John Manning, April 6, 1665; Gerrit Swart, August 17 1668; Andrew Draeyer, October, 1673; Michael Siston, November 4, 1674; Johannes Provoost, October, 1677; Richard Pretty, October, 1678; Lodovicus Cobes, October, 1679; Richard Pretty, October, 1680; Gaspar Teller, March 1, 1691; John Apple, December 1, 1692; Simon Young, June 19, 1696; Johannes Groenendyke, October, 1698: John Williams, October, 1699; Jonathan Broadhurst, October, 1700; Jacobus Turk, October, 1702; David Schuyler, October, 1705; Henry Holland, October, 1706; Thomas Williams, October, 1712; Samuel Babington, October, 1716; Gerrit Van Shaick, October, 1719; Henry Holland, October, 1720; Philip Verplanck, October, 1722; Thomas Williams, October, 1723; Goose Van Schaick, October, 1728; James Stephenson, October, 1731; James Lindsay, October, 1732; Henry Holland, October, 1739; John Rutger Bleecker, October, 1746; Jacob Ten Eyck, October, 1747; Thomas Williams, October, 1748; Richard Miller, October, 1749; Abraham Yates, October, 1754; Abraham Yates, jr., October, 1755; Jacob Van Schaick, October, 1759; Hermanus Schuyler, June 18, 1761 ; Henry Ten Eyck, October, 1770; Hendrick J. Wendell, September 27, 1777; John Ten Broeck, March 22, 1781; Hendrick J. Wendell, November 29, 1782; John Ten Broeck, September 29, 1786; Peter Gansevoort, jr., September 29, 1790; John Ostrander, jr., September, 29, 1792; John Given, September 29, 1796; Hermanns P. Schuyler, February 25, 1800; John J. Cuyler, January 28, 1801; Hermanus H. Wen- dell, January 12, 1803; Lawrence L. Van Kleeck, February 28, 1807; Solomon South- wick, February 10, 1808; Jacob Mancius, February 13, 1810; Peter P. Dox, February 12, 1811; Jacob Mancius, February 23, 1813; Isaac Hempstead, March 17, 1815; Leonard H. Gansevoort, March 6, 1819; Cornelius Van Antwerp, February 12, 1821 ; Cornelius Van Antwerp, November, 1822; C. H. Ten Eyck, November, 1827; John Beckey (removed October 5, 1829), 1828; Asa Colvard, November, 1829; Albert Gal- lup, November, 1831; Angus McDuffie, November, 1834; Michael Artcher, Novem- ber, 1837; Amos Adams, November, 1840; Christopher Batterman, November, 1843; Oscar Tyler, November, 1846; William Beardsley, November, 1849; John McEwen, November, 1852; William P. Brayton, November, 1855; Thomas W. Van Alstyne, November, 1858; Henry Crandall, November, 1861; Henry Fitch, November, 1864;

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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.

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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

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brilliant mind was constantly shedding its light over the jurisprudence of the State and nation. The bar long delighted to accord to him its highest honors."

John V. Henry was an early and prominent member of the Albany bar. He was admitted to practice in January, 1782, at the same term with Aaron Burr. Possessing the advantages of a classical education and brilliant native qualifications, he soon rose to the position of peer beside such men as Hamilton, Burr, Hoffman, Lansing and others. He was an eloquent orator and able logician, and was early accorded leadership in the political arena. He was chosen member of assembly from Albany county in 1800, was re-elected and in that body was the foremost Federalist. In January, 1800, he was appointed comptroller of the State, but in the following year, for reasons that are not clearly understood, was removed from the office by Governor Clinton, who succeeded Gov. John Jay. The turn of the political wheel that brought this change to Mr. Henry, while unpleasant to him and his friends, was in reality a blessing, for it caused him to form an irrevocable resolu- tion to never again accept political office. As a consequence he was able thenceforward to devote his whole powerful energies to his pro- fession. In that field he advanced to the front rank. He died sud- denly October 2, 1829. A paragraph from an obituary notice reads thus:

"The death of Mr. Henry is a public calamity. The tears that his family shed over his lifeless form fall not alone. Those who respect the probity, the independence, the gallant bearing, and the high talents which sometimes redeem human nature from suspicion, must also lament the fall of such a man as this, in whom these traits were so happily combined."

John V. N. Yates was a son of Robert Yates, before noticed, and was born in Albany in 1779. He received a liberal education, studied law in the office of John V. Henry and began practice in his native city. In 1808 he received appointment as master in chancery, and in June of the same year was appointed recorder of Albany. He was removed through political changes, but again assumed the office in 1811, serving to 1816. In April, 1818, he was appointed secretary of state and served until 1826 with distinguished ability. In 1808 he be- came embroiled in the famous case with Chancellor Lansing, growing

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out of an attempt on the part of the latter, in his official capacity, to punish Mr. Yates for malpractice and contempt. The case may be found in 6 Johnson's reports, 335, and it must suffice for this place to state that at the close of the long litigation Mr. Yates was successful. He was an able writer and was the recipient of many prominent offi- cial positions. He died in Albany, January 10, 1839.

From the year 1816, when he was thirty-four years of age, Martin Van Buren was a resident of Albany and a distinguished member of its bar. He was born in Kinderhook, was an ardent student, and be- gan the study of law early in life. He was admitted to the bar in 1803, and during the next twelve years practiced in his native place, where his rivals and business opponents numbered some of the most eminent lawyers of that time. But by the force of his ability and almost super- human labor the young man often triumphed over his more experienced adversaries. After holding several public positions in what is now Columbia county, he was elected to the State Senate for 1812 when only thirty years old, and was re-elected in 1816, at which time he be- came a resident of Albany. His after career, during which he reached the highest office in the land, is too well known to need repetition here, while it is manifestly impossible to spare space for it. He took as his law partner, in 1817, Benjamin F. Butler, another lawyer who was destined to win national fame, and the firm became one of the strong- est in the State. Mr. Van Buren was chosen United States senator in 1821, and was a foremost member of the Constitutional Convention of that year; he became governor of the State upon the death of Mr. Clinton in 1828, but resigned the office on receiving appointment as secretary of state in President Jackson's cabinet in the following year. He was inaugurated president of the United States in March, 1837, and was defeated for re-election by General Harrison.

The same apology offered for the brevity of a few lines regarding Mr. Van Buren in these pages will also apply to Benjamin F. Butler. Born at Kinderhook in December, 1795, he finished his school studies and then entered the law office of Mr. Van Buren. The high position of the senior of the firm, and his practice in the United States Supreme Court, as well as the natural and acquired qualifications of Mr. Butler, gave the latter superior business advantages, and the firm became recognized as the leading one of the State. He was appointed district

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attorney of Albany county in 1821, and retired in 1825 with the com- mendations of the community. In 1825 he became a member of the commission to revise the laws of the State, with John Duer and Henry Wheaton. This was an enormous task, and required almost the entire time of the commissioners for years, and it is known that much of the good results were due to the patient and efficient labor of Mr. Butler. He was elected to the Legislature in 1828; in 1833 was appointed attorney general of the United States, and in October, 1836, while still in that office, was appointed secretary of war in President Jack- son's cabinet. He resigned as attorney general in January, 1838, and returned to the practice of his profession; but within a few months the office of United States district attorney for the Southern District of New York became vacant, and he was appointed thereto. When President Polk was inaugurated he tendered Mr. Butler the office of secretary of war, which was declined, but soon afterward he accepted the office of United States attorney for the Southern District of the State. About this time he became a resident of New York, where he occupied a leading position. He visited Europe in October, 1868, in- tending to remain two years to regain his broken health, and died in Paris, November 8, of that year.

Greene C. Bronson was for more than twenty years a prominent member of the Albany bar. He was a native of Utica, born in 1789, and began practice in that village about 1815. He was appointed sur- rogate of Oneida county in 1819 and in 1822 was elected to the Assem- bly, declining a renomination the following year. In February, 1829, he was appointed attorney-general of the State, the duties of which office he discharged with signal ability until 1836, when he was ap- pointed one of the justices of the Supreme Court. He took up his res- idence in Albany coincident with his appointment as attorney-general, and was a resident here until 1853, when he received the appointment of collector of the port of New York and removed to that city. Mean- while, in March, 1845, he was appointed chief justice of the Supreme Court of the State, and occupied the bench two years, when he re- signed. In politics Judge Bronson was a Democrat and occupied a leading position in the party. He died in New York, September 3, 1863.

A reference to the reports of cases argued in the appellate courts of the State from 1817 to 1853, will show that Marcus T. Reynolds was

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counsel in more cases adjudicated in the Supreme Court and the Court for the Correction of Errors than almost any other lawyer of this State. He was born in Montgomery county, December 22, 1788, and graduated from Union college in 1808. He then began studying law in the office of the eminent Matthias B. Hildreth, of Johnstown, Fulton county. Mr. Reynolds was admitted to the bar in 1811, and early evinced those talents which enabled him to rapidly advance in his pro- fession. He began and continued in practice at Johnstown until 1828, when he removed to Albany and there passed the remainder of his life, adding greatly to the high reputation he had previously gained. Hé was particularly powerful before a jury and the number of prominent cases in which he was engaged was large. By a fall from his horse, many years previous to his death, one of his legs was so badly frac- tured that amputation was necessary. Ill health compelled his retire- ment from practice about ten years before his death, which took place July 13, 1864.

For many years after 1837 Gen. Samuel Stevens was one of the lead- ing lawyers of Albany and an advocate of great power. He attained a large measure of professional success and was very popular with the people of the community. He first came prominently into the political field as one of De Witt Clinton's ablest supporters. In 1825 he repre- sented Washington county, where he was born, in the Legislature, where he was leader of the Clintonian forces. He was re-elected in 1827. Later on he identified himself with the Whigs and in 1839 was a prominent candidate for attorney-general. He did not again come before the people in connection with public office, except through his nomination for lieutenant-governor. The names of General Stevens, Marcus T. Reynolds and Nicholas Hill are intimately associated in the history of the Albany bar, where they were often brought together in the same cases. At different times General Stevens was a partner with James Edwards and with Peter Cagger.

The name of John C. Spencer is not only identified with the bar of Albany county, but is well known in the political history of the State. His career was intimately blended with that of De Witt Clinton, as far as politics were concerned. He was born at Hudson, August 12, 1786, and a son of Ambrose Spencer. Graduating from Union College in 1803 with high honor, he at once began the study of law with his father,

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In July, 1809, he was admitted to practice and very soon afterwards joined the great tide of emigration westward and settled in Canandai- gua. With almost no pecuniary means and a few law books, he and his wife began life in that village in a very modest way, while he sought such business as the vicinity afforded. He stood for some years at the head of the bar of that great county. In 1818 he was appointed by the governor prosecuting attorney for the five western counties of the State. In the spring of 1817 he was elected to Congress, and while in that body was nominated for the Senate by the State Legislature, but was not chosen. In 1819 he was elected to the Assembly, and again in 1821, 1831 and 1833; at the first term he was chosen speaker. From 1825 to 1828 he was in the State Senate, where he attained a high position. In 1826 he was chosen to prosecute the abductors of Morgan during the anti-Masonic crusade, out of which grew the anti-Masonic party, of which he was a prominent member. When that party was absorbed by the Whigs Mr. Spencer became a leader in the political field, and in 1836 removed to Albany. Upon the election of John Tyler to the presidency he chose Mr. Spencer for his secretary of war. After the presidential election of 1852 he retired from politics. It will be remembered that he was one of the three commissioners appointed by Governor Clinton to revise the statutes of the State, a great task which was successfully accomplished. In 1849 he was appointed one of the codifying commissioners, but declined and soon retired to private life. Mr. Spencer endeared himself to citizens of Albany by his generous interest in local affairs, and particularly in his aid in founding a num- ber of the benevolent institutions of the city. He died while in New York on May 20, 1854.

James Edwards was born in Greenfield, Saratoga county, December 9, 1799, and settled in Albany in 1816, where he attained a prominent position at the bar. He studied law in the office of his uncle, Albert Foote, at that time one of the leading attorneys of the city. He was admitted to the bar in 1822 and soon afterwards became a partner with Gen. Samuel Stevens. It was written of Mr. Edwards that " he was distinguished for his sound practical judgment, his solid legal at- tainments, his promptness and accuracy in business, energy, firmness and integrity of character, and conscientious fidelity to the interests of his clients." Mr. Edwards died May 21, 1868.

Azor Tabor was born at Knox, Albany county, May 1, 1798. After

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receiving a classical education he entered the office of John Lansing, then chancellor of the State, studied law and when admitted to the bar began practice in Albany. He ranked among the ablest attorneys of the city and gained a large and profitable business. Loving his pro- fession and its pursuit, he never sought public office, the only position he ever held being that of State senator, to which he was elected in 1851. Although his senatorial career was eminently worthy, he had little taste for public life and returned permanently to practice. In 1833 he formed a partnership with Amos Dean, which continued suc- cessfully some years. In 1854, owing to ill health, Mr. Tabor retired from practice, removed to Knox and there died June 10, 1855.

Amos Dean was born at Barnard, Vt., January 16, 1803. After teaching several seasons to enable him to obtain his education, he en- tered Union College in 1823 and was graduated in 1826. He began studying law in the offie of Jabez D. Hammond and Alfred Conkling, and was admitted to practice in 1829. He was for several years a partner with Azor Tabor and the firm was recognized as a strong one. He was a firm believer in the great benefits of popular education and was thereby led in 1833 to gather about him a few young men of sim- ilar tastes, from which grew the later Albany Young Men's Association. From that beginning hundreds of similar organizations came into being in other cities. Mr. Dean was chosen the first president of the association. In 1833 he was associated with Drs. March and Armsby in establishing the Albany Medical College, and from that time to 1859 he held in that institution the position of professor of medical jurisprudence. When the law department of the university was estab- lished Mr. Dean was chosen one of its professors, where his talents gave him wide recognition as an educator. He was also well known in literary fields; was the author of a Manual of Law, and delivered many addresses before different bodies. The publication of his great- est work, the History of Civilization, was stopped by his death, but was issued afterwards in seven volumes.

A lawyer who ranked with Reynolds, Stevens, Tabor and others of the Albany bar, was Henry G. Wheaton, who was graduated from Union College in 1828 and immediately began law study in Albany. After his admission to practice he rapidly rose to an enviable position in the profession. Becoming interested in politics, for which he pos-

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sessed natural talents, he was chosen for the Assembly from Albany county in the years 1835, 1840 and 1841, though his seat in the first year named was successfully contested by David C. Seger. In the House he was regarded as one of the most eloquent members. In March, 1841, he was appointed district attorney for Albany county, in which office he officially served the interests of the community. The management of a large estate devolving upon him in New York city in 1855, he removed thither, and was killed while crossing a railroad track, August 26, 1865.

In the work entitled The Bench and Bar of New York, Nicholas Hill is compared in some of his prominent characteristics, with John C. Spencer; both were men of marked intellectual powers, energetic and industrious and capable of a vast amount of labor. Nicholas Hill was born in Montgomery county, N. Y., October 16, 1806. Early showing the student's predilections, he availed himself of his opportunities to obtain a fair education, and then took up the study of law in the office of Daniel Cady, at Johnstown. After his admission to practice he set- tled first in Amsterdam, whence he soon removed to Saratoga, where later he formed a partnership with Sidney Cowen, son of Judge Esek Cowen, who had already discovered in Mr. Hill those qualities that afterwards gave him distinction. Associated with Mr. Cowen he pre- pared that great work, Cowen and Hill's Notes to Phillips on Evidence- a work that constitutes a monument to both of its authors. Though somewhat retiring in his nature, Mr. Hill's ability as a speaker, and his other qualifications as a jury lawyer, gave him early prominence in the courts of his time, where he was successful among many eminent men. In 1841 he was appointed law reporter, an office in which he won distinction for accuracy and clearness. Five years later he re- signed the office and soon formed a partnership with Peter Cagger and James K. Porter, a firm that commanded high confidence and a large patronage. Mr. Hill was first of all a painstaking student, and his close application to his business at length ruined his health and he died May 1, 1859. The event was announced in the Court of Appeals by John A. Reynolds, in a memorable eulogium. Mr. Reynolds was him- self one of the ablest members of the Albany bar, a man of rare argu- mentative powers and scholarly attainments. His pure character and large professional endowments endeared him to his professional brethren.

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Peter Cagger was born in Albany July 6, 1812, coming of Irish an- cestry. Early in life he was placed in the law office of Reynolds & Woodruff as a clerk, in which position he evinced some of his remarka- ble natural qualifications. He afterwards became a partner with Samuel Stevens, as before noted, and the firm of Stevens & Cagger soon became a power in legal circles. Shortly after the death of Mr. Stevens Mr. Cagger became a member of the distinguished firm, Hill, Cagger & Porter, a combination that is remembered as one of the strongest ever formed in the State. Mr. Cagger was instantly killed by being thrown from his carriage in New York city, July 6, 1868, at the age of fifty-six years.

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Landmarks of Albany County, New York, Part 16

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

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