USA > New York > Steuben County > Landmarks of Steuben County, New York > Part 20
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One Hundred and Sixty first Regiment .- Notwithstanding the fact that previous to September, 1862, the patriotism and loyalty of Steuben county had been fully tested in raising troops for the service, it was destined to be still further taxed for the same cause. The 107th and 14Ist were only recently organized and sent to the front when, on Sep- tember 6th, Col. Gabriel P. Harrower was authorized to recruit another regiment in the Twenty-seventh Senatorial District. So promptly in- deed did the recruiting officers apply themselves to their duty that on the 27th of October, the 16Ist was mustered into service for three years, although the command did not leave the State until December 4, following.
In this regiment we find a strong contingent from Steuben county. Co. A was recruited at Urbana, Pulteney, Prattsburg and Wheeler ; D was recruited at Bath ; a small portion of E at Hornellsville ; F at Bath and Howard; G in part at Corning ; H at Woodhull, Jasper, Greenwood and Troupsburg ; I at Cohocton and Avoca. In organiz . 1
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ing the regiment a number of field and staff officers were taken from this county, the personnel being as follows:
Colonel, Gabriel T. Harrower ; lieutenant-colonel, Marvin D. Stil- well; major, Charles Straun; adjutant, William B. Kinsey ; quarter- master, Marcus E. Brown ; surgeon, Lewis Darling ; assistant surgeons, Joseph iS. Dolson and Charles M. Pierce; chaplain, Thomas J. O. Wooden.
The officers of the companies recruited chiefly in this county were as follows: Co A, captain, B. F. Van Tuyl; first lieutenant, John Gibson; second lieutenant, S. S. Fairchild. Co. D, captain, George E. Biles ; first lieutenant, James . M. Cadmus; second lieutenant, T. Scott De Wolf. Co. F, captain, John Slocum ; first lieutenant, John F. Little ; second lieutenant, James Faucett. Co. G, captain, Edmund Fitz Patrick ; first lieutenant, John P. Worthing. Co. H, captain, Willis E. Craig ; first lieutenant, Nelson P. Weldrick ; second lieutenant, George B. Herrick. Co. I, captain, Samuel A. Walling ; first lieutenant, Myron Powers; second lieutenant, Edwin A. Draper.
As we have stated, the 161st left the State in December, 1862, and . first served in Grover's division, Gulf department, being transferred thence to Augur's division, 19th Corps. In the extreme South, active service began at Clinton Plank Road, La., in March, 1863, and from that time until final muster out at Tallahassee, Fla., November 12, 1865, was one of the fighting commands of the division. The most severe losses were these: Siege of Port Hudson, 17; Bayou la Fourche, 53 ; Sabine Pass, 30; Sabine Cross Roads, 87. The total losses of the 16Ist were 306 men.
List of engagements: Clinton Plank Road, La., March 15, 1863; Plain Store, May 21 ; Siege of Port Hudson, May 23-June 17; Bayou la Fourche, July 13; Sabine Pass, September 8; Vermilion Bayou, October 9 and November II ; Carrion Crow Bayou, October II ; Red River Campaign, March 10-May 22, 1864; Sabine Cross Roads, April 8 ; Pleasant Hill, April 9; Cane River Crossing, April 23 ; Mansura, May 16; Spanish Fort, Ala., March 27-30, 1865 ; Fort Blakely, April 3-9 ; Mobile, April 10.
One Hundred and Seventy fifth Regiment (5th Regiment, Corcoran Brigade) .- To this command the town of Hornby contributed a few
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recruits, members of Cos. D and E. The local contingent was very small, hardly sufficient to warrant more than a mere mention in this chapter.
One Hundred and Seventy- ninth Regiment .- This command was organized at Elmira, and its companies were mustered into service be- tween April and September, 1864. The Steuben county contribution to the regiment comprised less than one hundred men, recruited in Hornellsville, Cohocton, Bradford and Dansville, and scattered through Cos. C, F and H. The service of the 179th was confined wholly to Virginia, with the Army of the Potomac, and generally with the 9th Corps. However, during its brief service, from June, 1864, to April, 1865, the regiment lost 191 men, twenty-five of whom died in the hands of the enemy.
One Hundred and Eighty eighth Regiment .- This command was recruited with headquarters at Rochester, under authority given to Colonel Chamberlain, succeeded by Col. John E. McMahon, on Septem- ber 20, 1864. So far as it related 'to this county the regiment had no special prominence, yet a number of towns furnished recruits, notably Corning, Hornby and Tuscarora, the men being in Co. F. The 188th left the State October 13, 1864, and served in the 2d Brigade, first division, 5th Corps, losing an aggregate of ninety men.
One Hundred and Eighty-ninth Regiment .- On September 26, 1864, Col. William A. Olmstead, succeeded by Col. William W. Hayt, received authority to recruit this regiment, and in its composition we find a fair contingent of Steuben county volunteers. Co. A was re- cruited at Bath ; C at Wheeler, Bath, Avoca, Kanona and Urbana; G at Cohocton, Avoca and Wayland ; H at Bath.
Among the regimental officers were two from this county, viz., Col. William W. Hayt, of Corning, and Quartermaster J. L. Brown, of Corning. In the same manner we may note the officers of local com- panies : Co. A, captain, John Stocum ; first lieutenant, B. N. Bennett ; second lieutenant, John W. Brown. Co. C, captain, Burrage Rice ; first lieutenant, Dwight Warner ; second lieutenant, Mortimer W. Reed. Co. G, captain, William Washburn; first lieutenant, Edwin A. Draper. Co. H, captain, Nathan Crosby ; first lieutenant, Hiram F. Schofield ; second lieutenant, L. G. Rutheford,
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Cos. D, E, G and K left the State September 18, and the others October 23, 1864. The regiment served in the 2d Brigade, Ist division, 5th Corps, and, commanded by Allen L. Burr, was honorably dis- charged and mustered out June 1, 1865, near Washington, D. C. Dur- ing its service the 189th lost a total of eighty officers and men. It took part in the following engagements : Before Petersburg, Va., November I, 1864, and April 2, 1865 ; Hicksford Raid, December 11, 1864; Hatcher's Run, February 5-7, 1865 ; Appomattox campaign, March 25-April 9; White Oak Ridge, March 29-31 ; Five Forks, April 1 ; Fall of Petersburg, April 2; Appomattox C. H., April 9.
Sixth Regiment of Cavalry ("Ira Harris Cavalry," "Second Ira Harris Guards ") .- This regiment was organized under special authority from the war department as the Ira Harris Guard, at New York city, and was, after having been turned over to the State, November 20, 1861, designated the Sixth Regiment of Cavalry, N. Y. Vols. In Co. C of the 6th were men from Cohocton, Hornellsville and Dansville ; in Co G men from Hornellsville, an aggregate of about forty men.
Twenty-second Regiment of Cavalry ("Rochester Cavalry") .- In this regiment, which was raised largely in Monroe and counties east of it along the Central Railroad, were a few recruits from Steuben county, members of Co. G, and recruited in Bath, Urbana and Prattsburg. The local contingent, however, did not include more than about thirty men
Second Regiment of Mounted Rifles ("Governor's Guards ") .- This regiment was originally intended as an infantry command, but the order for its organization was modified and constituted a cavalry regi- ment. The local contribution was very light, comprising a few men from Prattsburg, who were members of Co. M.
First Veteran Cavalry .- This regiment was organized at Geneva during the summer of 1863. Co. D contained a few recruits from Prattsburg, and L a few from Hornellsville.
Second Veteran Cavalry ("Empire Light Cavalry ") .- On June 23, 1863, Colonel Chrysler was authorized to reorganize the 30th Infantry, then recently discharged, as a regiment of cavalry, to be called the Empire Light Cavalry. On July 20 it was changed to " 2d Regt., Vet. Cav." The regiment was raised almost wholly in the eastern part of
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the State, yet the towns of Addison and Bath furnished a few recruits for Co. G.
First Regiment of Artillery (Light, Veteran) .- Battery E, captain, John Stocum, principally recruited at Bath, Avon and Mitchellville, was mustered in the U. S. service September 13, 1861, at Elmira. It served in the 4th, 5th and 6th Corps, Army of the Potomac, until final muster out June 17, 1865. Battery K, Captain Lorenzo Crouse, had a few recruits from Jasper, and also served chiefly with the Army of the Potomac. It was mustered out June 20, 1865, at Elmira.
Fourth Regiment of Artillery (Heavy; Veteran). Hornellsville and Canisteo furnished men for Co. C of this command. This regiment also served with the army of the Potomac.
In addition to the several regiments already specially mentioned Steuben county furnished still other volunteers, though the representa- tion in each was quite small. Among the commands to be noted in this connection was the Tenth Heavy Artillery, in which was a small contribution from the county ; also Thirteenth Heavy Artillery for which Greenwood furnished a few recruits, also the Fourteenth Heavy Artillery, in which Bath was represented; also the Twenty-eighth Inde- pendent Battery of Light Artillery, in which were men from Avoca, Campbell, Cohocton, Howard, Wayland and Urbana. In the Fifteenth Regiment of Engineers (Veteran), though better known as the "New York Sappers and Miners," were a few recruits credited to Dansville and Lindley. In the Fiftieth Regiment of Engineers (Veteran), other- wise variously known as " Stewart's Engineers ; " " Independent Engi- neers," and also " Sappers, Miners and Pontoniers," the Steuben locali- ties from which came recruits were Addison, Bath, Painted Post, Savona and Hornellsville.
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CHAPTER XIV.
THE BENCH AND BAR.
In the early history of the colony of New York the governor was in effect the maker, interpreter and enforcer of the laws. He was the chief judge of the court of final resort, while his councillors were generally his obedient followers. The execution of the English and colonial statutes rested with him, as did also the exercise of royal authority in the province ; and it was not until the adoption of the first constitution, in 1777, that he ceased to contend for these prerogatives and to act as though the only functions of the court were to do his bidding as servants and helpers, while the Legislature should adopt only such laws as the executive should suggest and approve. By the first constitution the governor was entirely stripped of the judicial power which he possessed under the colonial rule, and that power was vested in the lieutenant- governor and Senate, also in the chancellor and justices of the Supreme Court; the former to be elected by the people, and the latter to be ap- pointed by the council This was the first radical separation of the judicial and legislative powers, and the advancement of the judiciary to the position of a co ordinate department of government, subject only to the limitations consequent upon the appointment of its members by the council. The restriction, however, was soon felt to be improper, though it was not until the adoption of the constitution of 1846 that the last connection between the purely political and judicial parts of the State government was abolished, and with it disappeared the last re- maining relic of the colonial period. From this time the judiciary be- came more directly representative of the people. The development of the idea of responsibility of the courts to the people, from the time when all its members were at the beck and nod of an irresponsible master, to the time when all judges (even of the court of last resort) are voted for directly by the people, has been indeed remarkable.
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Let us look briefly at the present arrangement and powers of the courts of the State, and then at the elements from which they have grown. The whole scheme embraces the idea of first a determination of the facts and the law by a trial court, then a review by a higher tribunal of the facts and law, and ultimately of the law by a court of last resort. To accomplish the purposes of this scheme there has been devised and established, first, the present Court of Appeals, the ultimate tribunal of the State, perfected in its present form by the convention of 1867 and 1868, and taking the place of the old court for the trial of impeachments and correction of errors. The Court of Ap- peals as first organized under the constitution of 1846 was composed of eight judges, four of whom were elected by the people, and the remain- der chosen from the justices of the Supreme Court having the shortest time to serve. As reorganized in 1869, and now existing, the court consists of a chief judge and six associate judges, who hold office for the term of fourteen years.
This court is continually in session at the capitol in Albany, except as it takes a recess on its own motion. It has full power to review the decisions of the inferior courts when properly before it. Five judges constitute a quorum, and four must concur to render judgment. If four do not agree, the case must be reargued ; but not more than two rehear- ings can be had, and if then four judges do not agree the judgment of the court below stands affirmed. The Legislature has provided how and when decisions of inferior tribunals may be reviewed, and may in its discretion alter and amend the same. Under the revised constitution of 1894, the Legislature is authorized to further restrict the jurisdiction of this court, and the right of appeal thereto. By the same revision it has been specially provided that from and after the 31st day of Decem- ber, 1895, the jurisdiction of the Court of Appeals, except when the judgment is of death, shall be limited to questions of law, and no unani- mous decision of the appellate division of the Supreme Court, unless in certain specified cases, shall be reviewable in the Court of Appeals.
Upon the reorganization of this court in 1869, its work was far in arrears, and the law commonly known as the "judiciary act " provided for a Commission of Appeals to aid the Court of Appeals; and still later there was organized a second division of the Court of Appeals to
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assist in the disposition of business of the general court."" The limita- tions and restrictions placed upon appeals to this court by the consti- tution of 1894 and are in part designed to relieve it from future similar embarrassments.
Second in rank and jurisdiction to the Court of Appeals stands the Supreme Court, which is made up of many and widely different ele- ments. It was created by the act of representative assembly in 1691, was to be established in the city of New York, and was composed of a chief justice and four assistant justices to be appointed by the governor, and was empowered to try all issues, civil and criminal, or mixed, to the same extent as the English courts of King's Bench, Common Pleas, and Exchequer (except in the exercise of equity powers), and should have power to establish rules and ordinances and to regulate practice of the court. It had jurisdiction in actions involving one hundred dollars and over, and to revise and correct the decisions of the inferior courts. An appeal lay from it to the governor and council. The judges made an annual circuit of the State, under a commission issued by the governor, and giving them nisi prius, oyer and terminer and jail delivery powers. By act of 1691 the Court of Oyer and Terminer was abolished, but in conformity to the courts of Westminster, its name was retained to desig- nate the criminal term of the Supreme Court. At first the judges of the Supreme Court were appointed by the governor and held office during his pleasure. Under the first constitution the court was reorgan- ized, the judges being then named by the council of appointment, and all proceedings were directed to be entitled in the name of the people.
By the constitution of 1821 many and important changes were made in the character and methods of the court. The judges were reduced to three and appointed by the governor with the consent of the Senate, to hold office during good behavior, or until sixty years of age. They were removable by the Legislature on the vote of two-thirds of the Assembly and a majority of the Senate. Four times a year the full court sat in review of their decisions on questions of law. By the con- stitution of 1846 the Supreme Court was abolished, and a new court, of the same name and having general jurisdiction in law and equity, was established in its place. Its members were composed of thirty-three jus- tices, to be elected by the people By the judiciary act of 1847 general
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terms were to be held at least once in each year in counties having more than 40,000 inhabitants, and in other counties once in two years ; and at least two special terms and two circuits were to be held yearly in each county except Hamilton. By this act the court was authorized to name the times and places of holding its terms, and those of the Oyer and Termi- ner, the latter being a part of the Circuit Court and held by the justice, county judge and two justices of sessions. Since 1882 the Oyer and Terminer has consisted of a single justice of the Supreme Court. How- ever, under the sweeping changes made by the constitution of 1894, Circuit Courts and Courts of Oyer and Terminer are abolished from and after the last day of December, 1895, and all their jurisdiction shall thereafter be vested in the Supreme Court. Provision is also therein made for an appellate division of this court, to cousist of seven justices in the first, and five in each of the other three judicial departments into which the State is divided. The appellate division is invested with the jurisdiction previously exercised by the Supreme Court at general term, and the general terms of the New York County Common Pleas, the Superior Courts of the cities of New York, Brooklyn and Buffalo, and such other jurisdiction as the Legislature may confer. From the justices of the Supreme Court the governor shall designate those who shall con- stitute the appellate division, and also the presiding justice thereof, the latter to act during his term of office, the others for the term of five years. In this court four members shall constitute a quorum, and three must concur to render judgment. Legislative enactment in 1895 desig- nated the city of Rochester as the place in which the appellate division shall sit in the fourth department of the State (which includes Steuben county), the other department capitals being New York, Brooklyn and Albany.
The judiciary article of the constitution of 1846 was amended in 1869, the Legislature being authorized to provide (not more often than once in five years) for the organization of general terms consisting of a pre- siding justice and not more than three associates, but by the laws of 1870 the then organization of the general terms was abrogated, and the State was divided into four departments, and provision made for hold- ing general terms in each. By the same act the governor was directed to designate from the justices of the Supreme Court a presiding justice
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and two associates to constitute a general term in each department. Under the authority of the constitutional amendment adopted in 1882, the Legislature, in 1883, divided the State into five judicial depart- ments, and provided for the election of twelve additional justices to hold office from the first Monday in June, 1884. The constitution of 1894 provided for the election of twelve more justices of the Supreme Court, three to reside in the first, three in the second, and one in each of the other six judicial districts of the State.
The Court of Chancery of the State of New York was an heirloom of the colonial period, and had its origin in the Court of Assizes, the latter being vested with equity powers under the duke's laws. The court was established on February 16, 1683, and went out of existence by limita- tion in 1698 ; was revised by ordinance in 1701, suspended in 1703, and re-established in 1704. Previous to that time matters in equity were heard in any of the courts organized in conformity to the duke's laws. At first this court was unpopular in the province, the assembly and col- onists opposing it with the argument that the crown had no authority to establish an equity court in the colony.
Their reasons were that quit-rents upon the sale of lands belonged to the crown as a prerogative ; that through the neglect of the governors these rents had been allowed to fall in arrears, and the Court of Chan- cery was resorted to for their collection. Furthermore, the governors, almost without exception, were adventurers, or men of impaired for- tunes, who accepted these appointments with the hope of enriching themselves. The methods they pursued in making their office profit- able consisted of granting patents of lands and receiving from the grantee a gratuity (or bribe) in proportion to the value of the land granted-a palpable fraud upon the rights of the crown. As a result the grantees were fearful that proceedings might be instituted in the Court of Chancery by the attorney general to revoke the grants. And thus the Court of Chancery was a menace to the security of the land owners, and incurred their bitter opposition.
Under the Constitution of 1777, the Chancery Court was reorganized, and by the reorganization of 1778 masters and examiners were desig- nated by the council of appointment, while registrars and clerks were appointed by the chancellor ; and the latter licensed all solicitors and
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counsellors of the court. Appeals lay from the Chancery Court to the Court for the Correction of Errors.
Under the constitution of 1821 the chancellor was appointed by the governor, and held office during good behavior, or until sixty years of age. Under the second constitution equity powers were vested in the circuit judges, and their decisions were reviewable on appeal to the chancellor. The equity character, however, was soon taken from the circuit judges and vested in the chancellor alone, and the judges after- ward acted as vice-chancellors in their respective circuits. The Consti- tution of 1846 abolished the Court of Chancery, and its powers and duties were vested in the Supreme Court.
By an act of the Legislature passed in 1848, and entitled the " Code of Procedure," all distinction between actions at law and suits in equity was abolished, so far as the manner of beginning and conducting the same were concerned, and one uniform method of practice in all actions was adopted. In June, 1877, the Legislature enacted the " Code of Civil Proceedure," to take the place of the code of 1848, and by this many minor changes in the practice of the court were made.
These are, in brief, the changes through which the Supreme Court has passed in its growth from the prerogative of an irresponsible governor to one of the most independent and enlightened instrumentalities for the protection and attainment of rights of citizens of which any State or nation, ancient or modern, can rightfully boast. So well is this fact understood by the people that by far the greater amount of business which might be done in inferior courts at less expense is actually taken to this court for settlement.
Next in rank to the Supreme Court is the County Court, held in and for each county in the State, at such times and places as its judges may direct. This court had its origin in the English Court of Sessions, and, like it, had, at one time, only criminal jurisdiction. In 1765 Andros granted a charter. The mayor with four aldermen was authorized to sit as a Court of Sessions. He did not, however, organize a separate crim- inal tribunal, but continued as before to discharge criminal and munici- pal business at the regular sittings of the court. By an act called an act to "settle courts of justice," which was passed in 1683, a Court of Sessions, having power to try both civil and criminal causes by jury,
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the former without limitation as to amount, was directed to be held by three justices of the peace in each of the counties of the province twice a year, with an additional term in Albany and two in New York. In the city of New York it was held by a mayor and four aldermen. By the act of 1691 and the decree of 1699, all civil jurisdiction was taken from this court and conferred on the Common Pleas. By the radical changes made by the constitution of 1846, provision was made for a County Court in each county of the State except New York, to be held by an officer designated the "county judge," and to have such jurisdic- tion as the Legislature should prescribe. Under the authority of this constitution County Courts have been given jurisdiction in various classes of actions, and have also been invested with certain equity powers in the foreclosure of mortgages, the sale of infants' real estate, and also to partition lands, admeasure dower and care for the persons and estates of lunatics and habitual drunkards. The judiciary act of 1869 continued the existing jurisdiction in all actions in which the de- fendant lived within the county and the damages claimed did not exceed $1,000. The constitution of 1894 likewise continues the court and increases its power in extending the amount of damages claimable to $2,000.
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