Our county and its people : a memorial record of St. Lawrence County, New York, Part 22

Author: Curtis, Gates
Publication date: 1894
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1328

USA > New York > St Lawrence County > Our county and its people : a memorial record of St. Lawrence County, New York > Part 22
USA > New York > St Lawrence County > Our county and its people: a memorial record of St. Lawrence County, New York > Part 22

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One of these enclosures was found in the Black Lake settlement ; an- other in the town of Macomb near the State road. In and around them were found beds of ashes, fragments of pottery, pipes both of clay and

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HISTORY OF ST. LAWRENCE COUNTY.

stone with short clumsy stems, two to three inches long, a heavy mas- sive bowl and a small cavity. In the town of Potsdam, on the road leading to Norfolk, situated on an elevated ridge, was a remarkable en- closure. The form of this work was to have been semi-circular, the open side resting on a swamp to the west, and with several open spaces or gateways occurring at irregular intervals. The ditch, which was ex- terior to the bank, appears to have furnished the earth for the breast- work, which was on the inside of the trench and enclosed about two acres. When discovered, pine stumps were standing on the bank four feet in diameter, and beds of ashes have been found under their roots, mingled with broken pottery, flint arrow-heads, and other relics of the builders. In the town of Massena, about half a mile west of Raquette River bridge, and on the western declivity of a slope, have been traced the outlines of a work which differs considerably from the others de- scribed, and was by far the best preserved. Its form is irregular, being somewhat like an ox bow, with its open side toward Raquette River and with numerous spaces or openings, more especially on the southern side. The open side is in part protected by a ditch, which is not con- nected with the main work, being separated from it by a considerable interval on each side. The relics furnished by the soil in this vicinity do not differ essentially from those of other places. The stumps were of immense size, standing on the banks and in the ditches, clearly in- dicating that many centuries have elapsed since these stations witnessed the events for which they were formed. Not far from this work was found a pipe, formed of whitish steatite, or soap stone, having on its bowl and stem the figure of a serpent, curiously wrought, with its head raised a little above the level of the bowl. The figure of the serpent has been used by savages of all nations, apparently without the knowledge of each other, and this has given rise to the opinion that it originated in some religious nation, and that it is symbolical of some idea inherent in the human mind. Among the mounds in Ohio, in the township of Adams, there is a most noted work that represents a huge serpent. The structure is built on the surface of the ground with stone and covered with earth. The head is seventy feet long, the neck seventy-five feet, and the entire length eleven hundred and sixteen feet. The whole fig- ure represents a serpent uncoiling itself and gliding towards a frog sit-

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ANCIENT RELICS.

ting upon the point of a spur, and just as it is in the act of seizing it, the frog ejecting an egg into the serpent's mouth. " It may be inferred that here is a representation of phallic worship, the frog representing the creation, the egg the productive, and the serpent the destructive power of nature."

Two mounds were discovered near St. Regis village, in 1818, by Col- onel Hawkins, United States boundary commissioner, and were found to contain human bones, beds of ashes, stone implements, and various kinds of ornaments. On the opposite shore of the St. Lawrence, in making the canal around the rapids, a mound was dug through which disclosed relics of copper, stone implements, and various ornaments. Among the latter was a mask of the human face in terra cotta or earthen ware, which seemed to have belonged to some image.

A mound was discovered below the city of Ogdensburg, on the State Hospital farm, in the fall of 1888, by the workmen when grading the bed for a branch railroad running to the grounds. The mound was sit- uated about ten rods south of the boiler house, and was something over one hundred feet in diameter at its base, gradually rising in an oval shape to its summit, which was six feet above the grade of the road- bed. On three sides of this mound was a strip of low ground, or what may be termed a wide ditch, which has in the course of time been filled with debris. To all appearance the mound has been considerably flattened by time and cultivation, and many centuries must have elapsed since it was used for the purpose for which it was designated, as large pine stumps were standing on it. The mound being opened to the depth of the road-bed, there were found in the center six pot-shaped cavities, three feet across and about two feet deep, filled with sand and thoroughly mixed with red ochre. The cavities were equi- distant from each other, forming a circle about twenty feet in diameter. Around the outside and parallel with this circle, some twenty feet distant, were what appeared to have been fire-pits, or altars, at short intervals from each other, containing ashes, charcoal (which by time had dissolved to dust), and what appeared to be decomposed bones. In these pot- shaped receptacles were found various kinds of implements, such as hatchets, axes, spear and arrow-heads, chisels, fleshers or bark peelers, gouges and other curiously shaped articles. The hatchet and spear-

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HISTORY OF ST. LAWRENCE COUNTY.

heads were made from a fine quality of flint, the other implements were made of chalcedony, jasper, green stone, and brown hematite. The hatchet, though made of flint, had a clean cut handle eye through it, an expanding, thin cutting edge, or bit, and a hook-shaped head. All the articles were beautifully fashioned, especially the hatchet and spear heads, which show that the work was performed by skillful hands. It was supposed by those present that the implements were Indian relics, as similar ones had occasionally been picked up on the ground. Most of them were carried away, yet some of the articles and a portion of the ochre were left with the asylum managers, who retained them as curi- osities. No special effort was put forth to investigate the place in search of further relics. It is probable if a thorough examination had been made beneath the circle containing the ochre pots, still more interesting facts might have been developed. The workmen making this discov- ery did not suspect that they were on historic grounds, further than that it was known to have been the site of an Indian village, which at some time had no doubt been the scene of strife and blood-shed, nor were they conscious of having disturbed one of the sacred retreats of a pre- historic race, whose tears of joy and of sorrow may have been shed over the ashes which now serve only as a witness of their former presence. The writer, shortly after, on being informed of the discovery and the nature of the relics, made a personal visit to the place, and learned from Superintending Architect Aiken all the facts connected with the dis- covery, and concluded that the mound and the articles found therein were not the work of the natives, but that of a pre historic race known as mound-builders, and in order to fortify himself in that conclusion he wrote to J. B. MacLean, author of a work on " Mound Builders," who has had great experience in examining the mounds in the west ; gave him a description of the place and the various kinds of implements and the red ochre found in the cavities; also mentioned the trench enclo- sures in this county. Prof. MacLean's opinion was, that this mound be- low the city and the various trench enclosures were the work of mound- builders. He stated that red ochre had been found in a few mounds in Ohio. He also replied to the query as to the mound builders being a race of giants (which seems to be the prevailing opinion), but he stated that his experience in exhuming skeletons had been to the contrary,

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ANCIENT RELICS.

and so far as he had been informed, the human race has not diminished in size from the earliest days of man.

It is evident, from the numerous mounds and other structures in Ohio and in various other parts of the country, that at some remote period this continent was occupied by a more civilized and powerful race than the Indians, who were in possession of the land when discovered by the Europeans. The construction of their works proves that they had con- siderable engineering skill. The square, the circle, the ellipse and the octagon are all used in their structures and the proportions are always perfect. Many implements and ornaments of copper and silver, besides the ordinary implements of stone heretofore mentioned, were found in their mounds. There must also have been a large quantity of such im- plements scattered over the country, which were picked up and appro- priated by the Indians, as they were not known to have manufactured stone or metal implements, but only crude earthen ware and a coarse quality of arrow points. The Indians are too roving, impatient, and slothful to raise mounds, or spend the time required in such persistent and hard labor as is necessary to acquire the skill for producing stone implements. Flint or flinty stone is not hammered to shape. The process used by the mound-builders in working such material is sup- posed to be as follows. First, the stone is pressed by lever-power into shape as near as may be, then gradually heated to a certain degree (overheating destroys it) and with a bush or twig having a pithy heart, the operator dips the small end into cold water and applies a drop to the part of the stone or flint he wishes to reduce. The cold water com- ing in contact with the heated surface of the stone, causes it to contract so suddenly that a thin scale flies off. In this way the stone, under skillful hands, is slowly brought to the desired shape. It is said that no pure flint is found in America suitable to make the delicate spear- heads, hatchets, and ornamental work, such as are found in the mounds of this country. The pure flint, which this work seems to have been made of, is found in the chalk beds of Europe, and it is reasonable to presume either that the finer quality of the mound-builders' implements, or the flint that they were made from was imported to this continent. The theory that the flint or the implements came from Europe goes to strengthen the one advanced in the early part of this work as well as

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HISTORY OF ST. LAWRENCE COUNTY.

by scientists and others, that the two continents were formerly one, and the transportation of such implements or stone was made overland, as the people of that day with such rude appliances could not construct suitable crafts in which to cross the ocean.

The question naturally arises, in what period of the world's history did the mound-builders occupy this country ? In absence of recorded facts we must base our conclusions to a certain extent on theories in harmony with such evidence as we have. Written history is supposed to have commenced about the latter part of the Bronze, or the com- mencement of the Iron Age. Early history treats of bronze implements which were in use in various parts of European countries, but it is silent as to the western continent ; hence, the continents must have been sep- arated long previous to the commencement of written history. Taking all evidence and theories on the subject into consideration, the mound- builders must have occupied a country during the latter portion of the first Epoch or the Stone Age, which at one time may have embraced the greater part of Europe, as the same kind of implements, made from the same materials were found buried in the ground and in the rubbish of caves on both continents.

The discovery of copper tools and ornaments in some of the mounds on the western continent, is good evidence that the mound-builders were just entering upon the second Epoch, or the Bronze Age, at the time they were cut off, or disappeared from the land in which they dwelt.

By the testimony revealed upon opening the mound at the State Hos- pital grounds, we are stimulated to search the pages of the past, that speaks to us from hieroglyphics and fragmentary symbols, for light that shall connect these mound-builders with the early Hindoos. The posi- tion of the red ochre pots so peculiarly placed within the fire altars on either side, has a similarity to certain symbols of an ancient order in India. It may be inferred that these imperishable articles were de- signedly used in this peculiar figure to show to future generations their knowledge and their connection with that ancient Hindoo order. There is still to be seen a subterranean temple, containing many relics of the early Hindoo, which is situated in the city of Allahhäbad, occupying a point where three rivers unite. There are engraved on the massive

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THE COURTS AND THE BENCH AND BAR.

stones in the walls symbols of the order and dates from an extremely remote period. These emblems have been kept and transmitted from one generation to another, and attest the fact, if fact it be, "that the great architect of King Solomon's temple derived much of his mystic lore from this institution."

Sublime truths were set forth in the language of allegory and meta- phor, which came down the stream of time to the Egyptians, and from them to the children of Israel, by which it appears that the latter had a full knowledge of the symbolic meaning of the red or scarlet cord. (See Joshua, chap. 2). This cord Rahab displayed in a peculiar form in her window that the army of the Lord, in passing seven times by her dwelling, might see and understand what had been promised her. Therefore, the red ochre, symbolically displayed in the mound below the city, may have a significant meaning reaching back to a remote period in the history of the human family.

CHAPTER XIX.

THE COURTS, THE BENCH AND THE BAR OF ST. LAWRENCE COUNTY.

Origin of our State Laws-The Original Courts --- The Court of Appeals-The Supreme Court -- Justices of the Fourth Judicial District-Court of Common Pleas-Judges and Justices of the Court of Common Pleas -- The County Court -- County Judges -- The Surrogate's Court -- District Attorneys -- Sheriffs-Biographical.

W WHILE it is true that the judicial system of the State of New York is largely copied from the common law of England, it is also true, as will be apparent upon a close study of the laws and practice here, that the system is in many respects an original growth. This is strikingly manifest in the simple manner of entitling a criminal process. In this State it is the people against the criminal ; in England it is Rex versus the criminal. In the one there is an independent judiciary, responsible to the people only ; in the other there is a court sub- servient to the king.

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HISTORY OF ST. LAWRENCE COUNTY.

The great principle of the sovereignty of the people, even over our laws, has had a slow, conservative, yet progressive and systematic unfolding into the present system. In the early history of the State the governor was, in effect, the maker, interpreter, as well as the executor of the laws. He was the chief judge of the court of final resort, while his councillors were commonly his subservient followers. The execution of 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 and councillors were to do his bidding as servants, 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 this power was vested in the lieutenant-governor and the Senate, and also in the chancellor and justices of the Supreme Court ; the former to be elected by the people, the latter to be appointed by the Council. Under this constitution there was the first radical separation of the judicial and the legislative powers and the advancement of the judiciary to a position of a co-ordinate depart- ment of the government, subject only to the limitation consequent upon the appointment of its members by the Council. This restriction however, was soon felt to be incompatible, though it was, not until the adoption of the constitution of 1846 that the last connec- tion between the purely political and the judicial parts of the State government was abolished, and with it disappeared the last remaining relic of the colonial period. From that time the judiciary became more directly representative of the people. The development of the principle of responsibility of the courts to the people, from the time when all of its members were subservient to the beck of an irresponsible master, to the time when all judges, even those of the court of last resort, are voted for directly by the people, has been one of the remark- able features of our government.

A brief review of the history of our courts, past and present, shows that their system embraces the idea of administering justice by, first, a trial before a magistrate and jury-arbiters respectively of law and

Thomas Spratt

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THE COURTS AND THE BENCH AND BAR.

fact-followed by a review by a higher tribunal of the facts and law, and ultimately of the law by a court of final resort. Besides the original court for the trial of impeachments and the correction of errors, pro- vided for in the constitution of 1777, perpetuated in the constitution of 1821, and abolished by that of 1846, the first constitution recognized the supreme court of the judicature, which was reorganized in 1778, the judges being appointed by the Council of Appointment. The Court of Exchequer was a branch of the Supreme Court, the same as it existed during the colonial period, and was reorganized in 1786, " for the better levying and accounting for fines forfeitures, issues and amercements, and debts due to the people of the State." It was abolished in 1828. Circuit courts were established April 19, 1786, to be held by justices of the Supreme Court in the various counties. Under the second consti- tution the circuit courts were held by circuit judges, appointed by the governor, there being then eight circuits in the State. The constitu- tion of 1846 abolished the circuits as they then stood and provided for the holding of the Circuit Court by the justices of the Supreme Court. Courts of Oyer and Terminer were provided by an act passed February 22, 1778, to be held by the justices of the Supreme Court at the same time with the Circuit. Two or more of the judges and assistant judges of the court of Common Pleas, in the respective counties, were to sit in the Oyer and Terminer with the justice. Under the constitution of 1821 the Oyer and Terminer was held by the circuit judge. The Court of Probates was created in 1778, by the act of March 16, which divested the governor of the powers he possessed during the colonial period in the Prerogative and Probate Courts, and transferred them to the judge of the Court of Probates, except in the appointment of surrogates. In 1787 surrogates were empowered to be appointed. This court had appellate jurisdiction over the Surrogates' Courts, and it was abolished in 1823, its jurisdiction being transferred to the chancellor. Our surro- gates and their powers, as they at present exist, will be noticed a little further on. The Court of Common Pleas was continued from the colonial period by the first constitution, and under that instrument had a large number of judges, as high as twelve being on the bench at the same time in some counties. By an act of March 27, 1818, the office of assistant justice was abolished and the number of justices limited to

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five, including the first judge. The court was continued without material change by the second constitution and expired with that instru- ment in 1847.

The constitution of 1846 provided for the following courts : A Court of Impeachments to take the place of the former tribunal of that nature, and composed of the president of the Senate, the senators and the judges of the Court of Appeals, or a majority of them.

The Court of Appeals, organized at first with eight judges, four chosen by the people for eight-year terms, and four selected from the class of justices of the Supreme Court having the shortest time to serve. By the article in relation to the judiciary, framed by the con- vention of 1867-8, and adopted by the people in November, 1869, the Court of Appeals was reorganized, making it to consist of a chief judge and six associate judges, to hold their office for fourteen years. It is in constant session in Albany, except as it takes recess upon its own motion. It has full power to correct or reverse the decisions of all inferior courts when brought before it for review. Four judges must agree to render judgment; if four do not agree the case must be reargued, but no more than two hearings can be had, and when four judges do not concur, the judgment of the court below stands affirmed. Upon the reorganization of this court in 1869, its work was far in arrears, a fact which led to the establishment in 1870 of a Commission of Appeals, which continued until 1875, and possessed substantially the powers of its sister court and designed to relieve the latter. In 1888 the Legislature passed a concurrent resolution that section 6 of article 6 of the constitution be so amended that upon the certificate of the Court of Appeals to the governor of such an accumulation of causes upon the calendar of that court that the public interests were suffering by the delay in their adjudication, the governor might designate seven justices of the Supreme Court to act as associate judges for the time being of the Court of Appeals, and to form a second division of that court, and to be dissolved by the governor when the pressure on the court proper was relieved. This amendment was ratified by the people of the State and led to the appointment of the present second division of the Court of Appeals.

The Supreme Court, as it now exists, is a combination of very diverse elements. The Court of Chancery (organized 1763, and con-

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tinued with some modifications until 1846), the Court of Exchequer, (before described), the Court of Oyer and Terminer, the Probate Court, the Circuit Court and the Supreme Court proper, have all contributed elements to build up this important branch of the judiciary system. The last union of these elements was made by the constitution of 1846, when the old Supreme Court and the Circuit Courts were com- bined. In the early part of the present century the Supreme Court of the State consisted of five justices. It had been the practice to hold four terms each year, two in Albany and two in New York. But previous to that time and in the closing years of the last century, through the establishment of the circuit system it was enacted that the judges should, during their vacations, hold courts in the various counties of the State, and return their proceedings to the Supreme Court when it convened again, where they should be recorded and judgment rendered. A few years later the system was simplified by dividing the State into four judicial districts. To each of these districts was assigned a judge whose duty it was to hold circuits in each of the counties therein at least once in each year. This circuit system is very similar to the one now followed, except that our Special Term is substi- tuted for the Court of Chancery. After the constitution of 1821 the State was divided into eight judicial districts, each being provided with a circuit judge, in whom were vested certain equity powers subject to appeal to the Court of Chancery, while the Supreme Court proper held much the same position as the present General Term. In 1846 the new constitution abolished the Court of Chancery, as before stated, and gave its powers to the Supreme Court.

Justices of the Fourth Judicial District .- Amaziah B. James, Ogdens - burgh, two terms from January 1, 1853, to December 31, 1869; Will- iam H. Sawyer, Canton, appointed to fill vacancy December 26, 1876, term expired December 31, 1877 ; Charles O. Tappan, Potsdam, Jan- uary 1, 1878, to January 1, 1891, when he was succeeded by Lester W. Russell, of Canton.

The system of local judicature has also changed to correspond with that of the State at large. The old Court of Common Pleas, organized contemporaneously with the colonial Court for the Correction of Errors and Appeals, has given way to the County Court. In St. Lawrence

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county, it will be seen by reference to the act erecting the county (see Chapter X of this work), the first Court of Common Pleas was to be held on the first Tuesday of June, 1802. On that day Judge Nathan Ford appeared at the old barracks in Oswegatchie, with the sheriff, Thomas J. Davis, and the clerk, ready for business. No associate justices appeared and the court was adjourned to five o'clock of the following day. Between that time and Saturday at ten o'clock there were three daily adjournments; but on Saturday there was a full bench, as follows : Nathan Ford, first judge ; Alexander J. Turner, judge; Stillman Foote, of Canton, and John Tibbits, jr., assistant justices. Matthew Perkins was admitted to the bar before this court. Louis Hasbrouck signed the record as clerk. The second term of the court was held November 9, 1802, with the same persons presiding with the exception that Joseph Edsall appeared in place of Stillman Foote. The term beginning in Novem- ber, 1804, was held in the court house in Ogdensburg. At the term of 1805 a license was granted to John Fulton to run a ferry across the St. Lawrence River, between his house on lot No. 21, in Massena, and the house of George Barnhart, in Canada, and also to run a ferry across the Grass River.

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Our county and its people : a memorial record of St. Lawrence County, New York, Part 22

Author: Curtis, Gates Publication date: 1894 Publisher: Syracuse, N.Y. : D. Mason Number of Pages: 1328

Author: Curtis, Gates
Publication date: 1894
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1328