USA > New York > Tioga County > Our county and its people : a memorial history of Tioga County, New York > Part 14
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THE GREAT CIVIL WAR.
William Peck, captain ; mustered Oct. 10, Wm. S. Miller, promoted corporal. 1861. George Wyneoop, sergeant. Charles Pratt, sergeant. Benjamin W. Bunnell, sergeant.
John Watkins, commissary sergeant ; cap- Lewis Swain, corporal ; captured, tured.
William Guthrie, corporal ; captured.
Henry Kelly, sergeant ; died in serviee. Joseph Brearley, captured.
Edmund Stebbins, died of wounds.
Lansing Bunnell, prisoner.
Wm. P. Lindsay, bugler ; prisoner.
Rufus Shipman.
Watson Stebbins, died of wounds.
Edward Rose, prisoner.
George W. Bingham, promoted corporal. Isaac Minnieh.
THE TWENTY-FIRST REGIMENT OF CAVALRY (VETERAN).
In the "Griswold Light Cavalry," as best known during the . period of its service, we find the names of volunteers from nearly all the towns of Tioga county, yet Company B has generally been credited by military authorities as an Owego contribution to the regiment. Colonel W. B. Tibbetts raised the Twenty-first under authority granted June 7, 1863, and in December following the last companies were mustered into service. Company B was mus- tered in on August 28, 1863.
The service of the Griswold Light Cavalry was almost wholly confined to the war operations in Virginia, yet were none the less severe, for the records credit the regiment with participation in sixty battles and skirmishes between January, 1864, and April 9, 1865, and the losses during that period aggregated 145 men. Under Colonel Charles Fitz Simmons, the Twenty-first was mustered out of service at Denver, Col., Company B on the 23d of June, 1865.
The following roll shows the names of Tioga county men in the Twenty-first Cavalry :
William Deeker. De Witt Deeker. A. M. Cortwright. Ward Burdiek.
From Candor. Sands F. Matthews. William J. Baker. Herman J. Wall.
Isaae Ackerman. John D. Ackerman. Seymour Arnold. Fred C. Arnold. Charles Kcith, recruit,
From Newark Valley, Co. B. Engene Mix, reeruit. Clark W. Beebe. Alexis Gifford. Charles T. Westfall. Eli F. Westfall,
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OUR COUNTY AND ITS PEOPLE.
From Owego, Co. B.
Theodore Gere, second lieutenant ; pro- William Henry. moted first lieutenant.
Albert R. MeDowell, wounded Nov. 22,
George F. Lane, second sergeant ; pro- moted first sergeant.
1864. Allen W. Padgett
Thomas Pearl, promoted quartermaster ser- Frank A. Phelps.
geant.
Robert Palien.
Cornelius Groesbeek, promoted sergeant. Alex. Barden, teamster.
Albert Travis, killed at Ashley's Gap. Va. George W. Padgett.
Horaee Adams, promoted first lieutenant. William Chaples.
Lemuel Clift.
Richard Hayes.
Seymour B. Eldridge, discharged for Ephraim Wilson.
wounds.
Omer Harder.
George W. Garrison, killed Feb. 4, 1864. Aaron Henry.
David Wilson.
Having referred at some length to the principal commands having men from Tioga county in their membership, it is also proper in the present connection to furnish the names of other men known to have been in the service from the respective towns, although the number in any company was exceedingly small. The following roll is designed to show the names of other soldiers of the towns of the county with the regiments to which they be- longed :
BARTON.
Fifth Heavy Artillery. Theopohilus Hulett, Co. D; Franklin R. Taylor, Co. D.
Sixth Heavy Artillery. Jason H. Soper, died Mareh 8, 1865 ; Christopher Hedges, Robert T. Shipman, Co. B; Cornelius H. Lane, wounded at Cedar Creek ; William C. Moore, John Minnick.
Fourteenth, Heavy Artillery. Charles Mott, Co. I ; William Rose, Co. I ; De Witt Carner, died ; Addison Vanderlip, Co. I; Edward Vanderlip, Co. I.
Twentieth Independent Battery. Hervey T. Lane, Horaee Daily, Sylvanus Hedges, Horace Miller, - - Brink.
Fifteenth Light Artillery. Battery B, Alonzo Ketehum, killed at Reams Station, Aug. 21, 1864.
Twentieth Light Artillery. John Hoover.
Fifteenth Cavalry. Enos T. Van Marter.
Twenty-Sixth Infantry. Franklin N. Manley, Co. H.
Thirty-Third Infantry. Hiram R. Brewster, Co. A, died July 27, 1861.
Sixty-Ninth Infantry. Caleb Brewster, Co. K.
Seventy-Fifth Infantry. Henry Evenden, Co. E, re-enlisted ; John Evenden, Co. F. One Hundred and Seventh Infantry. William W. Edgerton, Co. H.
One Hundred and Eleventh Infantry. Robert Evenden, Jr., Co. K.
One Hundred and Twentieth Infantry. Charles H. Quick, Co. F; Lewis Brock, Co, F.
5
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THE GREAT CIVIL WAR.
One Hundred and Forty-Seventh Infantry. Erastus B. Foote, Co. F ; Gilbert E. Foote, Co. F; Silas Case, Co. F; Luther Kelley, Co. G ; Abram T. Andre, Co. E; George D). Wilkinson; Co. K ; Daniel Sharp, Co. K; Charles Springer, Co. K, killed at Spottsyl- vania.
One Hundred and Sixty-First Infantry. David E. Case, Horace Hubbard, Orlando Hollenbaek, William H. Corey.
One Hundred and Seventy-Ninth Infantry. Henry Case, Co. K.
BERKSHIRE.
Seventy-Sixth Infantry. James Palmenter, discharged June, 1864. (John Smith and Dwight Eastman were also eredited to Berkshire).
CANDOR.
First Veteran Cavalry. Joseph P. Peters, Co. H; Timothy Howard, Co. H; Almanza D. Johnson, Co. H; David H. Burleigh, Co. B; Philo B. Whitley, Co. B; John Kelly. Co. H ; Orrin Dykeman, Co. H; Norman A. Hull, Caleb S. Green, Washington Head, George Carroll, Woodbridge Kelsey, John J. Barber, George W. Vanderwert, Joseph B. Shaw, James Veiteh, Joseph M. Knapp, Thomas Easton, Lewis M. Van Wert, Albert P. Kirk, John Laughlin, Lewis J. Goddard.
One Hundred and Seventy-Ninth Infantry. Leonard Hull, James K. Holly, Orrin Hawkins, Silas Hoover, Amos Eastman, Lyman Perry, Benj. F. Bailey.
Thirteenth Heavy Artillery. Daniel Dewey, John Johnson, Lewis W. Bangs, John A. Campbell, H. G. Fessenden, Rufus P. Roberts.
One Hundred and Fifty-Seventh Infantry. George Kiron.
Second Mounted Rifles. Nathan E. Kinney.
Fifth N. Y. Artillery. Charles F. Humphrey, Frank R. Hewitt, Wm. A. Rarrieh.
Sixteenth N. Y. Battery. George House, Charles B. White, Sherman S. Blinn, David Deeker, John A. Eastman, Daniel C. Van Etten, Erastus Doane.
Eleventh Pennsylvania Cavalry. John Whitley, Jr.
Sixth Heavy Artillery. Andrew J. Burleigh, Theodore Perry, Edward F. Johnson, Henry Mariele, Charles Starkweather, Anthony Clark, John W. Kirk, Hiram Hoyt, William P. Ketehum.
Fourteenth Heavy Artillery. Ezekiel Johnson, Harrison Atwood.
One Hundred and Forty-Seventh Infantry. Sylvester Oakley, Cornelius E. Krum.
Ninety-Seventh Infantry. David D. Williams.
One Hundred and Fourth Infantry. Chester Hyde.
Eighty-Ninth Infantry. Thomas Decker, Demosthenes Romine.
Twentieth Infantry. Osear J. Lusk.
Eighth N. Y. Artillery. John Osborne.
Third N. Y. Cavalry. George Strause.
Thirteenth Artillery. William Barnes, George L. Throop.
In Other Regiments-Jesse O. Barnes, Henry Mix, 143d Infantry ; Frank S. Josslyn, 1st Michigan ; John S. Starkweather, 114th N. Y. Infantry ; Oliver Williams, 10th Heavy Artillery ; Thomas Tidd, 18th N. Y. Infantry ; Wallaee Chandler, 86th N. Y. Infantry ; Fred Peters, 105th Infantry ; Alfred Evlin, John Evlin, 149th Penna. Infan- try ; Orange T. Galpin, Kelly Galpin, Horaee Chandler, Thomas R. Thorn, Harvey Root, 109th Infantry.
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OUR COUNTY AND ITS PEOPLE.
NEWARK VALLEY.
Sixteenth Independent Battery. Josiah Kieth, Andrew J. Allen, William Allen, Edward Sturtevant, Theodore Turner, Edgar Perry, Charles Perry, Nathan Perry, Charles Bradbury, William De Garamo, Corydon Sears, Seneca Pollard, Joseph E. Brown, George Perry, Sylvester Swan, Jacob Swan, Prescott Jackson, Orlando Cole. Avery Cole, Chauncey Thornton, Pharcellus Jobnson, Alphio Pierec, Chauncey Pierce, John Cooper, Jacob Saddlemire, George De Garmo, M. De Garmo, Joseph Kenyon, Ben- jamin Kenyon, Alonzo Zimmer, Robert Miller, Charles Pinney, Amos Bailcy, Nelson Brooks, Horaee D. Butts, Charles Dean, Robert M. Sharp, Bowen Hedges, - Shoultes, -- Frisbie.
In Other Commands .- Enoch J. Lewis, Adelbert C. Belcher, Co. E, 44th Infantry ; John Lord and Byron Knowlton, Co. H, 147th Infantry ; Perry Schooleraft, 16th Cav- alry; John Golden, David Zimmer and Harrison Zimmer, 15th Cavalry.
NICHOLS.
Fourteenth N. Y. Artillery. Charles M. Donovan, John Donovan, Wesson Wilbur, Charles E. Grant, Simon Grant, Miles Briggs, Harrison Atwood, James Reynolds, Albert Pelin, Andrew Sharp, William H. Atwood.
One Hundred Forty-Seventh Infantry. Elliott Walker, Aaron Walker, Anderson Hunt.
Eighty-Sixth Infantry. LeRoy Vandemark, Fred Vandemark, Silas Waterman, Edgar Shoemaker, Standish Fox, Charles Fox, Reuben Washburn, Hezekialı Stephens, Halsey Cole, Thomas M. Everson, Benj. Davenport, Miles Davenport, George Avercl.
Twenty-First Cavalry. George Padget, Charles C. Coryell, Thomas Vandemark, Richard Coryell, Wm. K. Coryell, Avery Cole, James Cole, Charles Wayman, Joseph Nichols.
Twenty-Third Infantry. Eli Granger, Henry Hagadorn, Cranston Bliven, Herbert Jones, William Lillis. Gershom Fox, Jackson Brandon, Sylvester Cole, George Warwiek.
One Hundred and Forty-First Infantry. Andrew Spratt, John L. White, Charles Easterbrook.
In other commands .- Chauneey G. Tripp, 157th Infantry ; David Campbell, 10th Artillery ; Thomas W. Lathrop ; Samuel Densmore, 104th Infantry ; John Densmore ; James Phillips ; Addison Pease, 1st Penna .; Alex. Barden, 131st Infantry ; William Leonard, 64th Infantry ; Silas Leonard, 22d Cavalry ; Andrew J. Wood, 194th Infantry; Isaac Babcock, 50th Penna .; James Yerrington, 15th Infantry ; James Doland ; Wm. Dolan ; Wm. McSherry, 131st Infantry ; Absalom Wiggins, 52d Infantry ; John Camp- bell ; Wm. W. Grant ; Vincent Nichols, 23d Penna .; John Sullivan, 57th Pa. Artillery; Dolphus Fox, 2d Mo. Cavalry; Henry Reynolds, 130th Infantry; George Ellis ; Nicholas Washburn, 3d Infantry; Franklin Booth, 17th Pa. Cavalry; Wm. II. Andrus, private ; Albert Vandemark, 95th Infantry; James Vandemark, 172d Penna .; James C. Warner, Wm. S. Goodsell, Allen Cole, privates ; Peter Deeker, 96th Infantry; Lewis Tway, substitute ; Charles Lane, Mason Kellner, Enoch Hunt, privates ; Thomas James, Floyd Nichols. Jackson Lunn, drafted ; Joseph D. C. Long, substitute ; Wm. Beal, substi- tute ; Thomas Thompson, 15th Artillery; Osear T. Warner, 3d Infantry; Coe O, Cole- man, corporal, 89th Infantry,
129
THE GREAT CIVIL WAR.
OWEGO.
Forty- Fourth Infantry. Isaac L. Morton, private Co. E; Sherwood F. Cary, fifth sergeant Co. E.
One Hundred and Forty-Fourth Infantry. Walter A. Nixon, wounded Nov. 30, 1864 ; Thomas Ayers, killed Nov. 30, 1864.
Independent Battery No. 16. Thomas Collins, sergeant ; Henry Masten, artificer ; Wm. J. Bowen, corporal ; John Brockham, John Carney, Patrick Carrigan, Allen Whalen, privates.
In the Navy. Richard S. Stout, Adelbert Cameron, Theodore Barnes, Edward W. Muzzy, Cicero B. Curtis, Albert Kenyon, James H. Tinkham, George H. Avery, Boynton Leaeh, William Lord.
RICHFORD.
First Cavalry. George W. Brookins. Peter Morenus, Co. M.
Fifteenth Cavalry. Alonzo Rusher, George J. Matson, Seth Demanville, Co. G.
In other commands. Jolin Church, George Morton, Alonzo Perry, Philip Lacy, Rufus Laey, Isaae Haltz, Calvin J. Robinson, Allen Beach, Preston Darling, Jolin W. Evans, Luther H. Welch, Abbott Olney, Wilson Hill, Harley Morton, Orrin Meacham, Thomas A. Johnson, Gilbert Rusher, Co. D, 120th Infantry ; George Witter, Co. E, 76th In- fantry; Mareena L. Foster, 157th Infantry; Wm. Earsley, 16th Heavy Artillery; Uriah Gates, Co. C, 109th Infantry; John Myers, Co. E, 157th Infantry; Wm. Sehemerhorn, Frank Bishop and Samuel Hale, drafted men.
SPENCER.
Thirty-Second Infantry. Charles E. Bradley, second lieutenant, Co. I; Horace Jones, corporal ; Alfred Jones, George C. Jones, privates, Co. I.
In Other Commands. Felix R. Barnes, first sergeant, Co. M, third artillery ; Charles W. Cooper, drum-major, seventy-fifth infantry ; Jason Cowles, corporal, Co. E, 179th infantry ; George R. Dykeman, Co. G, fifth cavalry ; Edmond Eastham, Co. I, third artillery ; Thomas Eastham, Co. G, first cavalry ; William G. Foster, quartermaster sergeant, Co. E, first mounted rifles : Charles II. Gilmer, Co. A, third infantry ; Charles HI. Harris, Co. C, fourteenth heavy artillery ; Isaac IIowell, Co. M, fourteenth heavy artillery ; James II. Hagadorn, sergeant-major, third infantry, killed ; Timothy How- ard, Co. G, first cavalry ; Albert C. Kirk, Co. G, first cavalry, died in service ; Charles F. Odell, Co. M, fifth artillery. died at Roanoake Island ; Harmon W. Post, Co. G, fourteenth infantry ; George W. Randolph, Co. B, sixth licavy artillery ; Harrison Randolph, Co, C, 126th infantry ; Charles Randolph, Co. D, 143rd infantry ; George A. Stearns, Co. G, fourteenth infantry ; Joseph Shaw, Co. G, first cavalry ; Daniel Van- demark, Co. E, first sergeant ; Lewis M. Van Woert, Co. G, first cavalry.
TIOGA.
One Hundred and Seventy-Ninth Infantry. Francis Cooper, Samuel Cook, Holden Cook, Charles R. Cook, George Dinehart, Henry Menold, Edwin Morris, David Russell, John Watson, Charles Winans, O. C. Taylor, Charles B. Fisher, Waterman Giles.
One Hundred and Ninety-Fourth Infantry. Stephen B. Leonard, Moses J. Bailey, Thomas G. Brown, Barney Butler, Ransom Butler, Abel Strang, Samuel Traey, Jr., David Turner, Charles H. Yontz, David A. Harris, Leslie Hill.
Eighty-Sixth Infantry. Henry Cole, corporal, veteran ; Charles E, Bonham, William Bonham, Co. E,
7
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OUR COUNTY AND ITS PEOPLE.
In Other Commands. George Hoffman, third infantry ; John Doland, third infantry; Theodore McDaniel, 164th infantry ; George Stroop, thirteenth infantry ; Clark Bon- ham, Isaac Bonham, fourteenth artillery ; Charles H. Coleman, sixteenth artillery ; John Dinehart, fourteenth artillery ; David R. Emory, seventy-fifth infantry ; Joseph B. Fessenden, seventy-fifth infantry ; Solomon H. Giles, twenty-first cavalry ; Willard Giles, 154th infantry : David T. Hoover, fourteenth artillery ; Samuel F. Layton seventy- fifth infantry ; Darwin B. Moffett, twenty-sixth colored infantry ; Harrison Pendleton, fourteenth artillery ; John C. Robbins, eighty-ninth infantry ; Warren Struble, four- teenth artillery ; Robert Slocum, seventy-fifth infantry ; Byron Townsend, Joel Town- send, fourteenth artillery ; Wayne Towner, 185th infantry ; Isaae Vineent, 111th in- fantry ; Isaae Vosburg, seventy-fifth infantry ; Andrew Van Ostrom, Pitney Van Ostrom, first veteran cavalry ; John R. Wiggins, fourteenth artillery ; Benjamin Dun- ham, 185th infantry ; Jacob Eastep, fourteenth artillery ; Nieholas Zorn, John M. Hyatt, sixty-third infantry ; Wm. Harding, twenty-third infantry ; James Harding, sixty- seventh infantry ; Joseph Taft, third infantry ; Henry Brown, 141st infantry ; M. A. MeCallum, lieutenant-colonel, third infantry ; Speneer E. Smith, third infantry ; George B. Williams, seventy-first infantry ; James Pease, twenty-third infantry ; Daniel Lum, fourteenth heavy artillery ; Wm. D. Lum, Co. II, sixth artillery ; H. Woleott, John Horton, Benjamin Wheeler, John Taylor, Mark S. Pitts, Wm. Burbank, Henry Young, Samuel Traey, Simon Blanehard.
CHAPTER XIII.
THE BENCH AND BAR.
N 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 coun- sellors 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 func- tions 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 gov- ernor was entirely stripped of the judicial power which he pos-
131
THE BENCH AND BAR.
.
sessed 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 appointed by the council. This was the first radi- cal 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 con- sequent 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 remaining relic of the colonial period. From this time the judi- ciary became more directly representative of the people. The development of the idea of responsibility of the courts to the peo- ple, 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.
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 determina- tion of the facts and the law by a trial court, then a review by a higher tribunal 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 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 Appeals as first organized under the consti- tution of 1846 was composed of eight judges. Four 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 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,
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OUR COUNTY AND ITS PEOPLE.
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 ren- der judgment. If four do not agree, the case must be reargued ; but not more than two rehearings 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 or 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 December, 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 decision of the Appellate Division of the Supreme Court, unless in certain specified cases, shall be review- able 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 assist in the disposition of business of the general court. The limitations and restrictions placed upon ap- peals to this court by the constitution of 1894 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 differ- ent elements. It was created by 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 ap- pointed 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), had power to establish rules and ordinances, and to regulate practice of the court. It had juris- diction in actions involving one hundred dollars and over, and to revise and correct the decisions of inferior courts. An appeal lay
13:
THE BENCH AND BAR.
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 abol- ished, but, in conformity to the courts of Westminster, its name was retained to designate 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 con- stitution the court was reorganized, 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 ques- tions of law. By the constitution 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 justices, to be elected by the people. By the judiciary act of 1847 general 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 ternis, and those of the Oyer and Terminer, 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. However, under the sweeping changes inade by the constitution of 1894, Circuit Courts and courts of Oyer and Terminer were abolished from and after the last day of December, 1895, and all their jurisdiction vested in the Supreme Court. Provision was also therein made for an "appellate divis- ion " of this court, to consist of seven justices in the first, and five
134
OUR COUNTY AND ITS PEOPLE.
in each of the other three judicial departments into which the state is divided. The appellate division is invested with the juris- diction 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 designates those who shall constitute the appellate division, and also the pre- siding 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 judg- ment. Legislative enactment in 1895 designated the city of Albany as the place in which the appellate division shall sit in the third department of the state, the other department capitals being New York, Brooklyn and Rochester.
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 con- sisting of a presiding 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 holding general terms in each. By the same act the governor was directed to designate from the justices of the Supreme Court a presiding justice 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 departments, 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 heir- loom of the colonial period, and had its origin in the Court of Assizes, the latter being invested with equity powers under the duke's laws. The court was established on February 16, 1683, and went out of existence by limitation in 1698 ; was revised by ordi-
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