Our county and its people. A descriptive work on Jefferson County, New York, Part 19

Author: Emerson, Edgar C., ed
Publication date: 1898
Publisher: [Boston] Boston History Co.
Number of Pages: 1368

USA > New York > Jefferson County > Our county and its people. A descriptive work on Jefferson County, New York > Part 19

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District Attorneys .- Under the act of 1196 this office was known as assistant attorney-general, and was filled by governor and council dur- ing pleasure. The office of district attorney was created April 1, 1801. At first the state comprised seven distriets, but in 1818 each county was constituted a separate district for the purposes of the office. The office was appointive previous to the constitution of 1846, but elective afterward. Under the act of 1801, Jefferson, Lewis and St. Lawrence counties (when ereated) comprised the eighth district, in which, after March 29, 1809, the incumbents of the office were as follows: Samuel Whittlesey, appointed April 6, 1808; Amos Benedict, Feb. 9, 1810; Samuel Whittlesey, Feb. 12, 1811; Amos Benedict, March 3, 1813. Since 1818 the succession has been as follows:

David W. Bucklin, June 12, 1818; Horatio Shumway, Feb. 26, 1820: David W. Bueklin, Feb. 13, 1821; Robert Lansing, 1826; George C. Sherman, 1833; Dyer MI. Burnham, 1840; Joseph Mullin, 1843; Robert Lansing, 1845; Joshua Moore, jr., 1816, and elected in June, 1847; James F. Starbuck, November, 1850; Delano C. Calvin, 1853; David M. Bennett, 1856: Bradley Winslow, 1859; La Fayette G. Bigelow, 1562;

1 Date of appointment. ? Date of election.

3 Elected under act of April 10, 1549.

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OUR COUNTY AND ITS PEOPLE.

Bradley Winslow, 1865; Pardon C. Williams, 1868, 1871; Watson M. Rogers, 1874, 1577; Edgar C. Emerson, I>$0, 1883; Frank II. Peck, 1886, 1889; Virgil P. Kellogg, 1892, 1895.

Sheriff's. - Under the first constitution sheriffs were appointed an- nually by the council of appointment, and could not hold office more than four successive years: could hold no other office, and must be freeholders of the county to which appointed. Under the constitution of 1821. sheriffs have been elected for a term of three years, and are ineligible to re-election.

Abel Sherman, April 3, 1805; Hugh Henderson, Feb. 24, 1508 ; Perley Keyes, March 15. 1-08; David I. Andrus, March 16, 1812; John Paddock, Feb. 23. 1813; David I. Andrus, Feb. 16. 1815; Joseph Clark, Feb. 26. 1-15; Amasa Trowbridge, March 6. 1419, Jason Fairbanks, Feb. 12, 1821, elected November, 1\22; Tlenry A. Coffeen, 1825; John Fay, 1428; Herman Millard, 1831; Chauncey Baker, 1834; Abner Baker, 1×37; Albert P. Brayton, 1-40; Herman Strong. 1843; Walter Collins, 1846; Rufus Herrick, 1849; John C. Rouse, 1952; Wells Benton, 1855, Abner Baker, appointed, vice Benton, deceased. Oct. 12, 1857, Tilley R. Pratt, 1-57, Francis A. Cross, 1860, Nathan Strong, 1×63; James Johnson, 1866; Addison W. Wheelock, 1869; George Babbitt, 1×72; Abner W. Peck, 1575; Leonard Seaton, 1ss; G. Harrison Smith, 1881; James M. Felt. 18>4; Willard E. Saxe, 187; Levi Washburn, 1890; Edward Barton, 1893; Samnel B. Kellogg, 1896.

County Clerks .- Under the colonial law this officer was clerk of the Common pleas, clerk of the peace and clerk of the sessions of the peace, in his county. Under the first constitution it was his duty to keep the county records, and act as clerk of the inferior court of Common pleas, and of the Oyer and Terminer. County clerks are now likewise clerks of the Supreme and County courts in their counties, and their seals are declared to be the seals of the court. The term of office, since the adoption of the constitution of 1821, has been three years: also since that time the office has been elective.

Henry Coffeen, April 3, 1505; Egbert Ten Eyck, March 5, 1802: Benjamin Skinner, Feb. 12. 1811 ; Richard M. Esseltyn, Feb. 26, 1813; Benjamin Skinner, Feb. 16. 1815, George Andrus, June 3, 1820, Henry H. Sherwood, Feb. 13, 1821, and elected Nov .. 1×22; Peleg Burchard. 1>2>; Daniel Lee, 1\40, Charles B. Hoard, 1843; James B. Lynde, 1846: Isaac Munson, 1849; John L. Marsh, 1-52; Russell B. Biddlecom, 158; Dexter Wilder, 1461; Nelson D). Ferguson, 1\67; Jacob Stears, jr., 1870; George Cole, 146; Fred Waddingham, 1979; O). De Grasse Green, 1855; Frank 1). Pierce, 1-91, '94 '97.

County Treasurers .- Previous to the constitution of 1$46, county treasurers were appointed by boards of supervisors, but by an act passed in 184: the office became elective; but supervisors are still authorized

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THE CIVIL LIST.

to fill vacancies in the office. Term, three years. The suecession here furnished includes only the elected incumbents:

William Smith, ESIS; Silas Clark, 1851: James M. Clark, 1851; Myron Beebe, 1856; Benjamin F. Hotchkin, 1863; John M. Carpenter, 1869; Leman W. Tyler, 1875; Louis C. Greenleaf, 1878; Alanson D. Seaver, 1881; Addison L. Upham, 1890; Frank M. Parker, 1896.

Superintendents of Common Schools .- In pursuance of an act of the legislature passed in 1840, the board of supervisors, in 1811, appointed Ira Mayhew and Henry D. Sewall as county superintendents. In 1812 Lysander 11. Brown succeeded Mr. Sewall, and in the next year Porter Montgomery replaced Mr. Mayhew. On April 12, 1813, the legislature passed another act directing boards of supervisors to appoint county superintendents of schools, but in 1847 the aet was abolished. Under the act of 1813, Jefferson county comprised two commissioner districts. In the northern district the incumbents of the office were Henry b. Sewell, Lysander HI. Brown and Erwin S. Barnes; in the southern Ira Mayhew and Porter Montgomery.

School Commissioners .- The first election under the act creating this office (Laws of 1856) was held in November, 1852. In accordance with its provisions the supervisors divided the county into three commis- sioner districts, as follows: First district, Adams, Brownville, Ellis- burgh, Henderson, Hounsfield, Lorraine, Rodman and Worth. Second district, Antwerp. Champion, Le Ray, Philadelphia, Rutland, Water- town and Wilna. Third district, Alexandria, Cape Vincent, Clayton, Lyme, Orleans, Pamelia and Theresa.

The commissioners1 under this disposition of the territory were as follows:

Henry Il. Smith. La Fayette Lyttle, J. Ferdinand Dayan. 1858-60; Henry II. Smith, Jedediah Winslow, Wilham Hawes, 1861-63, George A. Ranney, Samuel D). Barr, George H. Strough, 1861-66; Joseph M. Beaman, 2d dist., 1866; Alphonso E. Cooley, Joseph M. Beaman, Charles A. Kelsey, 1867-69; Alphonso E. Cooley, Ben- nett F. Brown, Horace E. Morse, 1870-72; Willard C. Porter, Henry Purcell, George II. Strough, 1823-5; William II. Sias, Ambrose E. Sawyer, Don A. Watson, 1575 >: Albert B. Watkins, Ambrose E. Sawyer, George W. Lingenfelter, 1879-81; Albert B. Watkins, Charles E. Hawkins, Wareham C. Ilill, 1882-84; William II. Everett, Charles E. Hawkins, Perrin A. Strough, 18SS-ST; S. Whitford Masou, Tru- man C. Gray, Charles E. 1888-90; S. Whitford Maxson, J. Frank La Rue, Perrin A. Strough, 1891-93.

On December 9, 1892, the supervisors reorganized the school commissioner districts

1 Mentioned by districts, first, second and third.

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of the county, and so divided the territory that distric. No. I included the towns of Adams, Ellisburgh, Le Ray, Lorraine, Pamela, Rodman, Watertown and Worth ; No. 2, included Alexandria, Antwerp, Champion, Philadelphia, Rutland, Theresa and Wilna; No. 3 included Brownville, Cape Vincent Clayton. Henderson, Houus- field. Lyme and Orleans.

Under this disposition the commissioners have been as follows. Ernest N. Me- Kinley, J. Frank La Rue, Sheridan Clark, 1-94-96. Ernest N. Mckinley, D. D. T. Marshall. R. Sheridan, 1897-99.

Coroners, -- Previous to the constitution of 1521 the incumbents of this office were appointed, but were elected afterward. The succession. with date of first appointment, has been as follows:

Ambrose Pease, Hart Massey, Fairchild Hubbard 1-05: Oramel Brewster. 140%. Benj. Poole, jr., 1-09; Nathaniel Haven, 1-10: Jason Fairbanks, William Warring, Andrew S. Bond, 1911; Simeon Forbes, 1412; Elijah Fox, Henry Martin, Seth Bailey, Ezra Stearns, 1813; Daniel Leonard, 1$14: Elijah Sheldon. Nathan Burnham. 1$15: James Perry, 1916; Hiram Steele, Is17; Seth Otis, John B. Esseltyn, James Shields, Joseph Kellogg, John Cowles, Nathan Brown, Abitab Jenkins, 181s. Will- iam Merrill, 1820, Suel Wilson, Luther Gilson, Gideon S. Sacket. Eseck Lewis, Jacob C. Greene, Sylvester Smith, John Chamberlin, Eleazer A. Scott. Pardon Smith, 1921; Alfred M. Ackley, 1522; From this time to 1\2> the records appear to have been lost). Azariah Walton, Alfred M. Ackley, Wm. Wood, Abijah Jenkins, 152 -: Archibald Fisher. Abijah Jenkins. James Mckenzie. Elijah Fields, 1831; Luther G. Hoyt, Elijah Fields, Mahlon P. Jackson, 1834; Truman S. Angel, Elijah Fields, Jotham Bigelow, Ebenezer Sabin, 1437. Asahel Smith. Liberty Cummings, Samnel W. Vincent, James C. Lynde, 1841; Arba Strong, Jedediah MeCumber, Pearson Mundy, 1943; Samuel W. Gilbert, 1:44; Samuel J. Davis, 1445: James White. Thomas Benjamin, Jacob Cramer, John W. Fuller. 1946. Andrew Cornwell, 1847; Abraham Schuyler, Thomas Benjamin. Horace P. Mitchell. 1-49: Tesse Davis. 1×50; Abraham Schuyler, Aaron Eddy, Patrick Keon, 1952; Lyman E. Hungerford, 1-53: Ambrose Huntington, 1854. Loren Bushnell, Nathaniel Ingerson, Walter Failing, 1855; William D. Lewis, Peter O. Williams, 1:56: Rinaldo M. Bingham, 1-57. Jesse Davis. R. M. Bingham, James A. Bell. 157. Loren Bushnell. William D. Lewis. 1-59: Robert G. Angel, Valentine Parker, 1861: J. B. Tamblin. Robert G. Angel, 1×64: Anson G. Thompson. Orrin F Saunders, 1865; Orrin W. Smith, Addison W. Goodale, Anson G. Thompson, Orrin F. Saunders, 1-65. Orrin W. Smith, 1St0; F. B. A. Lewis, 1.70-74; Eugene A. Chapman, 1970-79, Henry W. Jewett, 1970-75. Joseph Thibalt, 1$71-72: Perry Caswell, 1972-75. S. D. Lord. 1-73. 1476-77 George N. Hubbard, 1-74-06: L. F. Philips. 1\75-67. Jacob Sne'l. 1-26-76. James Stewart. 197S-&D; Edmund G. Derby, 1479->1 : J. Russell Finney, Edward Sill. M. D. Town- send, 1>>0-2: Samuel L. Merrill, 1961-46, Gary H. Wood, E. B. Pratt, C. M. Rex- ford. 1\\3-86; S. Corbin Clark, F. M. Vebber, 1 ~~ 6->>: Eugene A. Chapman, 17- $9. George McCombs. M. L. Smith, 1859-91. De Witt C. Rodenhurst, 1-90 -. Elmer E. Eddy 1:92 -; Le Dette G. Gifford. 1892-94; William H. Stas, 1893 -; Gordon P. Spencer. 1-95 -: Andrew J. Dick, 1896-97: John D. Coles. 1-97

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CHAPTER XV.

THE BENCH AND BAR.

In the early history of New York the governor was in effect the maker, interpreter and enforcer of the laws, the chief judge of the court of final resort, while his councillors were generally his obedient follow- ers. 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 that he ceased to contend for these prerogatives. By the constitution of 1712 the gover- nor was entirely stripped of the judicial power which he possessed under the colonial rule, and that power was vested in the lieutenant- governor and the senate, also in the chancellor and justices of the Supreme court-the former to be elected by the people and the latter appointed 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 limitation consequent upon the appointment of its members by the council. Even this mild restriction was soon felt to be incom- patible, though it was not until the adoption of the constitution of 1846 that the last connection between the purely political and judicial branches of state government was abolished. From this time the judiciary became more directly representative of the people. The de- velopment 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 irrespon - sible master, to the time when all the judges, even of the court of last resort, are voted for directly by the people, has been indeed remark - able.

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 involves the idea of first, a determination of the facts and law by a trial court, then a review by a higher court of the law and facts, and ultimately of the law by a court of last resort. To accomplish the purposes of this scheme there has been devised and

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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 impeach- ments and correction of errors. When first organized under the con- stitution of 1846 the court comprised eight judges, four of whom were elected by the people and the remainder chosen from the justices of the Supreme court having the shortest time to serve. As reorganized in 18:0, and now existing, the court consists of a chief judge and six asso- ciate judges, who hold office for the term of fourteen years. The court is continually in session at Albany, except as it takes a recess on its own motion. It has full power to review the decisions of 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. The legislature has provided how and when de- cisions of inferior tribunals may be reviewed, and under the revised constitution of 1894, the legislature is authorized to still further restrict the jurisdiction of this court, and the right of appeal thereto. Under that revision it was specially provided that after December 31, 1895, the jurisdiction of the court of Appeals, except when the judgment is of death, shall be limited to questions of law, and no unanimous decis- ion upon questions of fact in the appellate division of the Supreme court (except special cases) shall be reviewable in the court of Appeals. Upon the reorganization of the court in 1869 its work was far in arrears and the law commonly known as the judiciary act provided for a com. mission of appeals to aid the court of Appeals; and still later there was organized a second division of the court of Appeals to assist in the dis position of business of the general court. The several limitations placed upon the court of Appeals by the constitution of 1894 are in part designed to relieve it from future similar embarrassments.

Second in rank and jurisdiction stands the Supreme court, created originally by act of the representative assembly in 1691, and composed of a chief justice and four assistant justices to be appointed by the governor, and empowered to try all issues, civil, criminal or mixed. It was also given power to establish rules and ordinances and to regu- late practice in the court. Appeals lay to the governor and council. The judges made an annual circuit of the state, under a commission from the governor giving them nisi prius, oyer and terminer and jail delivery powers. At first the judges were appointed by the governor and held office during his pleasure Under the first constitution the

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court was reorganized, and all proceedings were to be entitled in the name of the people. The constitution of 1821 made many and impor- tant changes 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. Four times each year the full court sat in review of their de- cisions on the questions of law. By the constitution of 1816 the Su- preme court was abolished, and a new court of the same name and hav- ing general jurisdiction in law and equity was established in its place. Its members were composed of thirty three justices, to be elected by the people. The judiciary act of 1847 provided that general terms be held at least once a year in the counties having more than 10,000 in- habitants, 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, The court was also authorized to name the time and places of holding its terms, and those of the Oyer and Terminer, the latter a part of the Circuit court and held by the justice, county judge and two justices of sessions. After 1882 the Oyer and Terminer con- sisted of a single justice of the Supreme court, but by the radical changes made by the constitution of 1894 Circuit courts and courts of Oyer and Terminer were abolished, and their jurisdiction was vested in the Supreme court. Provision was also made for an appellate divi- sion of this court, to consist of seven justices in the first, and five in each of the other three judicial departments into which the state was divided. The appellate division was invested with the jurisdiction previously exercised by the Supreme court at general term, and such other power as the legislature is authorized to confer. From the jus- tices of the Supreme court the governor designates those who shall constitute 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 constitute a quorum, and three must concur to render judgment.

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 presiding justice and not more than three associates, but by the laws of 1840 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

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to designate from the justices of the Supreme court a presiding justice and two associates to constitute a general term in each department. A constitutional amendment was adopted in 1882, and the legislature in 1883 divided the state into five judicial departments, and provided for the election of twelve additional justices to hold office from the first day of 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 dis- tricts 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 February 16, 1683. and went out of existence by limita- tion in 1698; was revived by ordinance in 1101, suspended in 1:03, and re established in 1:04. Previous to that time matters in equity were heard in any of the courts organized in conformity with the duke's law. At first the court was unpopular, both the assembly and colonists op- posing it with the argument that the crown had no authority to estab- lish a court of equity in the province. Under the constitution of 1115 the court was reorganized, and in 1:18 masters and examiners were designated by the council of appointment, while registrars and clerks were appointed by the chancellor; and the latter also licensed all so- licitors and counsellors of the court. Appeals lay 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. Soon, however, the equity character was vested in the chancellor alone, and the judges afterward as vice-chan- eellors in their respective circuits. The constitution of 1846 abolished the court of Chancery, and vested its powers and duties 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 procedure was concerned, and one uniform method of practice was adopted. June, 18tt, the legislature enacted the " Code of Civil Procedure. " 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

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THE BENCH AND BAR.

has passed in its growth from the prerogative of an irresponsible master 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, but in 1691 it was given both civil and criminal powers in cases of jury trial. By the act of 1691, and the decree of 1699, the civil jurisdiction of the court was conferred on the Common Pleas. However, by the radical changes made by the constitution of 1816, provision was made for a County court in each county in the state, except New York, to be held by an officer designated the "county judge," and to have such jurisdiction as the legislature should prescribe. Thus County courts have been given jurisdiction in various classes of actions and have also been invested with equity powers in the foreclosure of mortgages, the sale of infant's real estate, and also to partition lands, admeasure dower and care for the persons and estates of lunaties and habitual drunkards. The judici- ary act of 1869 continued the existing jurisdiction in all actions in which the defendant lived in the county, and the damages claimed did not exceed 81,000. The constitution of 1894 likewise continued the court and increased its power by extending the amount of damages claimable to $2,000.

Like the Supreme court, the County court has its civil and criminal sides. In criminal matters the county judge was formerly assisted by two justices of sessions, elected by the people from among the justices of the peace of the county. In the criminal branch of this court, known as the " Sessions," minor offenses were disposed of, and all indictments, except for murder could be sent to it for trial from the Oyer and Term- iner. The constitution of 1894 abolished courts of Sessions, except in the county of New York, and its powers and duties (after December 31, 1895) were vested in the County court. By the codes of 1818 and 1822 the procedure and practice in this court were made to conform as nearly as possible to the practice of the Supreme court. This was done with the evident design to attract litigation into these minor courts and

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thus relieve the Supreme court; but in this there has been a failure, as litigants prefer the shield and broader powers of the higher court. Under the code county judges also perform the duties of a justice of the Supreme court at chambers. The County court has appellate juris- diction over actions arising in justices' courts and Courts of Special Sessions.

The constitution authorizes the legislature, on application of the board of supervisors, to provide for the election of a special county judge and special surrogate to assist the regular judge in the disposition of business of the County and Surrogate courts. Under this authority, on April 10, 1849, the legislature passed an act authorizing such officers in Jefferson county, to hold office for the term of three years, and re- ceive such compensation as the supervisors shall determine.

The old court of Common Pleas of the state of New York, the oldest tribunal of the state, which survived the changes of two constitutional revisions, was another heirloom of the colonial period, and was estab- lished originally under the charters of 1686, for the counties of New York and Albany, and was made general to the state by the act of 1691. Under the first constitution the number of judges was various, there being as many as twelve in some counties, but the act of 1818 limited the judges to five in each county, including the first judge. The con- stitution of 1821 continued the court, and its judges held office five years under appointment by the governor and senate. The court, ex- cept in the county of New York, was abolished by the constitution of 1846.

Surrogates' eourts, one of which exists in each county of the state, are now courts of record, having a seal, and their especial jurisdiction is the settlement and care of estates of infants and of deceased persons. The derivation of the powers and practice of these courts is from the Ecclesiastical court of England, also in part through the colonial coun- cil which existed during the rule of the Dutch, and exercised its author- ity in accordance with Dutch Roman law, the custom of Aasdom, the Court of Burgomasters and Scheppens, the Orphan Masters, the May- or's, the Prerogative, and the court of Probate. Under the colony the Prerogative court controlled all matters relating to the probate of wills and settlement of estates, but in 1692, by an aet then passed, all pro- bates and granting of letters of administration were to be under the hand of the governor or his delegate, and two freeholders were ap- pointed in each town to care for the estates of persons dying intestate.

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Our county and its people. A descriptive work on Jefferson County, New York, Part 19

Author: Emerson, Edgar C., ed Publication date: 1898 Publisher: [Boston] Boston History Co. Number of Pages: 1368

Author: Emerson, Edgar C., ed
Publication date: 1898
Publisher: [Boston] Boston History Co.
Number of Pages: 1368