USA > New York > Madison County > Our county and its people : a descriptive and biographical record of Madison County, New York > Part 49
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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 ex- pired by limitation in 1698, was continued by proclamation January 19, 1699, and finally again 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. Persons who had served seven years under 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 was 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. Upon the formation of Ontario
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county in 1789, which included the territory of Madison county, this court extended its jurisdiction over that territory. On March 10, 1797, the judges were authorized 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 Eastern and one in the Southern District. An act of Feb- ruary, 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.
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 the rules every seven years, to sim- plify proceedings, expedite decisions, diminish costs and remedy abuses. The judges were appointed by the governor 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 1859 to $3,000. Two of the terms were held at the Capitol. in Albany. The act of 1691 gave this court cognizance of matters of exchequer, thus re- moving the necessity for the Court of Exchequer, which was established by Governor Dongan in 1685.
The constitution of 1846 abolished the Supreme Court as it then existed 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. The term of office was made eight years, but the amended judiciary article made the term as at present, fourteen years. This court possesses the power and exercises the juris- diction of the preceding Supreme Court under the constitution of 1846 and the judiciary act of May 12, 1847. On April 27, 1870, the Legis- lature abolished the general terms as then existing and divided the State into four departments, providing for general terms to be held in
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each. The governor was to designate a presiding justice and two as- sociate justices for each department to compose the general term. At least two terms of Circuit Court and Court of Oyer and Terminer were to be held annually in each county and as many special terms as the justices in each department deemed necessary. The boundaries of the eight districts were somewhat changed by subsequent legislation. Madison, Otsego, Delaware, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland and Schuyler now constitute the Sixth District; this county was formerly in the Fifth District. The State was divided by the laws of 1883 into Five Judicial Departments, with the Fourth constituted of the Fifth and Sixth Districts; this continued until 1894, when the Third, Fourth, and part of the Sixth Districts were consti- tuted the Third Department, including, of course, Madison county. There are now only four Departments.
By the act of June 2, 1876, entitled the Code of Remedial Justice, and amended June 5, 1877, with the title of The Code of Civil Procedure, the General Term justices of the Supreme Court and chief judges of the Superior City Courts were required to meet in convention every two years to revise and establish general rules of practice for all courts of record in the State, excepting the Court for the Trial of Impeachments and the Court of Appeals.
The Legislature of 1882 directed the submission to the people of the question of amending the constitution so as to provide for the organ- ization of the Supreme Court, with not more than five General Terms, and for the election of two additional justices thereof in the First, Fifth, Seventh and Eighth Judicial Districts, and one additional justice in the Second, Third, Fourth and Sixth Districts, the justices so elected to be invested with office on the first Monday in June, 1884. The amend- ments were so adopted, and by the laws of 1883 (chapter 329) provision was made for the election of the twelve additional justices authorized.
The constitution of 1894 continued the Supreme Court as it then ex- isted, with general jurisdiction in law and equity, and also vested in the court the jurisdiction previously exercised by the Superior Court of Buffalo and New York city, the Court of Common Pleas of the city and county of New York, and the City Court of Brooklyn. These courts were abolished on January 1, 1896, the judges thereof becoming justices of the Supreme Court. There is an Appellate Division of the Supreme Court in each of the four Judicial Departments, consisting of seven jus- tices in the First Department and five in each of the other departments.
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No more than five justices sit in any case and the governor designates the presiding justice and other justices who shall constitute the Appel- late Division in each department.
Charles Mason of Hamilton, of whom a sketch is given later on in this chapter, was elected to the Supreme Court in 1847 and re-elected in 1851, and in 1868 was appointed judge of the Court of Appeals in place of William B. Wright, deceased.
Gerrit A. Forbes of Canastota was elected justice of the Supreme Court in 1887 and is still in that office.
The Court of Common Pleas, before mentioned, was first established in New York and Albany by the charters of 1686, and in 1691, and was extended to all counties. The Common Pleas for the City and County of New York was the oldest judicial tribunal in the State; it was a continuation of the former Mayor's Court, and after the year 1688 its criminal branch was called the Court of Sessions. At the first this court was composed of one judge and three justices, but in 1702 it was ordered that the judge should be assisted by two or more justices; they were all appointed by the governor and held office only during his pleasure. The court had cognizance of all actions where the sum in- volved exceeded £5 in value. Its errors were corrected in the first in- stance by writs of error brought in the Supreme Court; appeals were allowed to the latter court in cases where the sum involved exceeded £20. In more remote counties the court was authorized to take proof of wills and transmit its proceedings to the record office in New York. The Court of Common Pleas was continued from the colonial period, as noticed further on.
The constitution of 1821 provided that the State should be divided into not less than four nor more than eight circuits, for each of which a circuit judge should be appointed, who should hold office by the same tenure as the justices of the Supreme Court, and who should possess the powers of a justice of the Supreme Court at Chambers and in the trial of issues joined in the Supreme Court; and in Courts of Oyer and Terminer and Jail Delivery. In pursuance of these provisions a law was passed April 17, 1823, dividing the State into eight circuits, cor- responding with the Senatorial districts. No change was made in these districts during the continuance of the court. At least two Circuit Courts were held annually in each county, except in the county of New York, in which four were held. The circuit judge also held a Court of Oyer and Terminer at the same time and place with the circuit, or
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otherwise if they so appointed. This court possessed a seal. After the adoption of the constitution of 1846 Circuit Courts were held in each county by a justice of the Supreme Court. This court is a court of record and the clerk of the county is its clerk.
By the third article of the constitution of 1777 a Court for the Trial of Impeachments and Correction of Errors was provided for, to con- sist of the president of the Senate for the time being, the senators, chancellor and judges of the Supreme Court, or a majority of them. The impeachment functions of this court were directed against corrupt conduct by State officials. In the correction of errors appeals were allowed to it from the Court of Chancery, Supreme Court and Court of Probate. This court was continued under the constitution of 1821, with slight change, but was abolished by the constitution of 1846. Its powers and duties were then conferred upon a new court, the Court for the Trial of Impeachments, as far as that feature of the former court was concerned. The new court was composed of the president of the Senate, the senators, or a majority of them, and the judges of the Court of Appeals, or a majority of them. The Court for the Trial of Im- peachments and the Correction of Errors, as far as the correction of errors is concerned, 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 time to serve. The judge elected who had the shortest time to serve acted as chief judge. This court was recognized by the constitutional convention of 1867-68, the article referring to the judiciary being ratified by the people in 1869. By that article this court consisted of a chief judge and six associate judges, who held office for terms of fourteen years. The new article also pro- vided for a Commission of Appeals, composed of four judges of this court in office when the article went into effect, and a fifth commis- sioner. Their term was three years and they selected their chief. This commission served until 1875, for the relief of the Court of Appeals.
In 1888 the Legislature passed a concurrent resolution that section 6 of article 6 of the constitution be amended so that upon the certificate 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 inter- ests required a more speedy disposition thereof, the governor may designate seven justices of the Supreme Court to act as associate judges
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for the time being of the Court of Appeals, and to form a second divis- ion of that court, and to be dissolved by the governor when said causes are substantially disposed of. This amendment was submitted to the people of the State at the general election of that year and was rati- fied, and in accordance therewith the governor selected seven Supreme Court justices, who were constituted the Second Division of the Court of Appeals.
No resident of Madison county has been honored with the high office of judge of the Court of Appeals of this State.
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 annually 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 criminal matters, while civil cases were transferred to the Court of Common 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 as- sisted 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 were 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 abolished and the number of judges limited to five, inclusive of the first judge. The constitution of 1821 continued this court with little change. The judges were appointed by the Governor 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 consti- tution 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 Justice's Court and in such special cases as the Legislature might order. Upon this court the Legislature afterward conferred jurisdiction in actions to recover money only in
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sums not exceeding $2,000; in replevin suits for $1,000; in cases of trespass and personal injury not exceeding $500; also equity jurisdiction in mortgage foreclosures, sale of infant's 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 this court, principally on the criminal side. These recent changes are familiar to the bar.
The first judge of Chenango county and who had jurisdiction over the territory of Madison county until 1806, was Isaac Foote, ap- pointed October 30, 1800; the first judge of Madison county was Peter Smith, of Peterboro, appointed June 10, 1807. His successors were as follows :
Justin Dwinelle, of Cazenovia, appointed February 7, 1823; James B. Eldridge, of Hamilton, March 16, 1833; John B. Yates, of Chittenango, March 16, 1837; Thomas Barlow, of Canastota, January 24, 1843. The county judges since this office was made elective have been as follows: James W. Nye, of Hamilton, elected in June, 1847; Sidney T. Holmes, of Morrisville, elected in November, 1851; Joseph Mason, of Hamilton, elected 1863; Charles L. Kennedy, of Morrisville, elected 1867, and twice re-elected; B. Franklin Chapman, appointed by the governor vice Kennedy, deceased, January 24, 1883; Alfred D. Kennedy, elected No- vember 6, 1883, died 1899; John E. Smith, Morrisville, appointed to fill vacancy, and nominated and elected in November, 1899.
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 1653, but at their own request they were soon relieved of the duty and two special Orphan Masters were appointed. At Fort Orange (Al- bany) in 1652 the Vice-Director was appointed and in 1657 Jan Verbeck and Evert Wendell. 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,
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1692, passed a law directing that all probates and letters of administra- tion be thereafter granted by the governor or his delegate and that two freeholders be appointed in each town to have charge of the es- tates of intestates. This constituted the Prerogative Court. In 1778 the Legislature passed a law taking from the governor the powers de- scribed above and transferring them to the judge of the Court of Pro- bates. 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 of the State and of non-residents within the State. Under the first constitution surrogates were appointed for an unlimited period by the Council of Appointment. Under the second constitution they were appointed by the governor and Senate for four years, and appeals went up to the chancellor. The constitution of 1846 abolished the separate office excepting in counties having 40,000 or more population, and transferred its duties to the county judge. In counties with more than 40,000 population the Legislature may provide for the election of a separate officer to be Surrogate for six years.
The surrogates of Madison county have been as follows: Thomas H. Hubbard, of Hamilton, appointed March 26, 1806; Dr. Asa B. Sizer, of Madison, February 26, 1816; John B. Stower, of Hamilton, February 19, 1821; Otis P. Granger, of Morrisville, April 13, 1827; James B. Eldridge, of Hamilton, February 18, 1840; James W. Nye, of Hamilton, February, 1844. Since June, 1847, the duties of this office have been vested in the county judge.
District Attorneys .- Under the legislative act of February 12, 1796, this State was divided into seven districts, over which an assistant at- torney-general was appointed by the Governor and Council to serve during their pleasure. The office of district attorney was created on April 4, 1801, the State then being divided into five districts, which was subsequently and gradually increased to thirteen. Chenango, Her- kimer, Lewis, Oneida, Otsego, Madison, from 1806, and Jefferson, from 1805 to 1808 constituted the sixth district. From 1809 to 1817 Madi- son, Cayuga, Chenango, Onondaga and Cortland counties constituted the ninth district. Since the year 1818 each county in the State has had its own district attorney. During the life of the second constitu- tion district attorneys were appointed by the Court of General Sessions in each county. The following persons held this office in Madison county :
Daniel Kellogg, of Sullivan, appointed February 30, 1809; Thomas
31
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H. Hubbard, of Hamilton, appointed February 26, 1816, and again June 11, 1818; William K. Fuller, of Chittenango, appointed March 26, 1821; Philo Gridley, of Hamilton, appointed 1829; Justin Dwinelle, of Cazenovia, appointed 1837; Charles Mason, of Hamilton, appointed 1845; (the three names just preceding and the dates of their appoint- ment are obtained from unofficial data and possibly may be incorrect) ; Henry C. Goodwin, of Hamilton, elected June, 1847; William E. Lan- sing, of Chittenango, elected November, 1850; David J. Mitchell, of Hamilton, November, 1853; Asahel C. Stone, of Peterboro, November, 1856; Albert N. Sheldon, of Hamilton, November, 1859; Delos W. Cameron, of Cazenovia, November, 1862; Lambert B. Kern, of De Ruyter, November, 1865; Alexander Cramphin, of Morrisville, Novem- ber, 1868; Gerrit A. Forbes, of Canastota, November, 1871; Sherman B. Daboll, of Brookfield, November, 1874; John E. Smith, of Morris- ville, November, 1877; Henry Barclay, of Morrisville, November, 1880; John E. Smith, appointed vice Barclay resigned, December 28, 1882; Edgar N. Wilson, of Cazenovia, November, 1883, and re-elected; Henry M. Aylesworth, of Leonardsville, November, 1889; Joseph D. Senn, of Morrisville, 1893; Michael H. Kiley, of Cazenovia, elected November, 1894.
Sheriffs .- During the colonial period sheriffs were appointed annu- ally 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 he 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 re election for the next succeeding term. The following persons have held this office for Madison county :
Judge Peter Smith, who a few years later became a settler and prominent citizen in this county, was the second sheriff of Herkimer county, succeeding William Colbraith, February 18, 1795. In Madison county Jeremiah Whipple, of Cazenovia, the first sheriff, was appointed March 26, 1806; William Hatch, of Cazenovia, March 5, 1810; Jeremiah Whipple, February 5, 1811; Elijah Pratt, of Smithfield, March 25, 1814; John Matteson, of Nelson, February 28, 1815; Moses Maynard, of Madison, March 2, 1819; Ezra Cloyes, of Morrisville, February 19, 1821, and elected in November, 1822. After this date the office was elective. Ezekiel Carpenter, of Cazenovia, November, 1825; Pardon
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Barnard, of Lenox, 1828; Joseph S. Palmer, of Lenox, 1831; Thomas Wylie, of Lebanon, 1834; John M. Messenger, of Smithfield, 1837; Isaac Brown, of Brookfield, 1840; Samuel French, of Sullivan, 1843; William B. Brand, of Brookfield, 1846; Francis F. Stevens, of Eaton, 1849; Stephen M. Potter, of Cazenovia, 1852; Milton Barnett, of Smith- field, 1855; Sanford P. Chapman, of Lenox, 1858; William F. Bonney, of Eaton, 1861; Asahel Stone, of Smithfield, 18 14; Andrew J. French, of Sullivan, 1866; Edwin R. Barker, of Madison, 1869; Milton De Lano, of Canastota, 1872; Wilber M. Henderson, of Madison, 1875; Milton De Lano, 1878: Putnam C. Brownell, of Hamilton, 1881; Charles K. Underwood, of Cazenovia, 1884; Leander W. Burroughs, of Morrisville, 1887; Charles E. Remick, of Oneida, 1890; Eugene M. Perry, of Georgetown, 1893; Austin M. Carpenter, of Cazenovia, 1896-1899.
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 Infe- rior Court of Common Pleas, and clerk of the Oyer and Terminer. These last named duties were conferred by the act of February 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 Su- preme Court and County Court. 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 Madison county :
Dr. Asa B. Sizer of Madison, appointed March 26, 1806; Samuel S. Forman of Cazenovia, appointed March 5, 1814; J. N. M. Hurd of Caz- enovia, February 28, 1815; Bennett M. Bicknell of Morrisville, ap- pointed February 19, 1821, and elected in November, 1822; John G. Curtis of Eaton, 1825; Andrew Scott Sloan of Eaton, 1831; Alexander Donaldson, jr., of Nelson, 1837; Lewison Fairchild of Cazenovia, 1840; Zadock T. Bentley of De Ruyter, 1843; Andrew Scott Sloan, 1846; Lorenzo D. Dana of Fenner, 1849; Lucius P. Clark of Brookfield, 1852; William E. Lansing of Sullivan, 1855; Charles L. Kennedy of Eaton, 1858; Loring Fowler of Lenox, 1861; Calvin Whitford of Brookfield, 1864; Nathan Brownell of Hamilton, 1867; Alfred D. Kennedy of Can- astota, 1870; Lucius P. Clark of Eaton, 1873; John N. Woodbury of Smithfield, 1876; James S. Stewart of Eaton, 1879; Walter H. Stewart of Sullivan, 1882; Charles W. Stapleton of Hamilton, 1885, and re-
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