USA > New York > Onondaga County > Past and present of Syracuse and Onondaga County, New York : from prehistoric times to the beginning of 1908 > Part 71
USA > New York > Onondaga County > Syracuse > Past and present of Syracuse and Onondaga County, New York : from prehistoric times to the beginning of 1908 > Part 71
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In March, 1794. the county of Onondaga was formed ont of Herkimer county, and it then embraced a large territory covering all or portions of the present counties of Cayuga. Cortland. Oswego, Seneca, Tompkins and Wayne. Portions of the county were set off from time to time, until in the year 1816 it was reduced in area to its present limits. This sketch concerns only the county as at present organized.
The first court held in the county as it now is, was a term of the com- mon pleas, convened on the first Monday of May, 1794, in General Asa Dan- forth's corn house, in Onondaga Valley. Present : Seth Phelps, First Judge (then a resident of what is now Cayuga county), John Richardson, Silas Hal- sey, and William Stevens, judges. The next, a court of over and terminer, was held July 1, 1794, in General Danforth's house. Supreme Court Judge Egbert Benson presided, with Seth Phelps and Andrew Englis, justiees of over and terminer, as associates. For several years the courts were held in private houses or in hotels, until in 1805-1807, the first court house was ereeted at Onondaga Hill.
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Meanwhile, the villages of Syracuse and Salina had sprung into exis- tence and importance, and in 1829-1830 the second courthouse was built, and as a compromise between the rival villages, placed on the dividing line between the two; a most inconvenient location for all coneerned. Syracuse outgrew its neighbor, the city absorbed both, a mysterious fire destroyed the misplaced cdifiee, and then, in 1856-1857, the third courthouse was built, situate on Clinton Square. It was a fine structure for its time, but gradually outgrew in its usefulness. A fourth and present courthouse, ample for all existing and anticipated needs, a large, magnificent building and au honor to the county, was erected in 1906, situate at the corner of Mont- gomery and Jefferson streets. It was first formally occupied on January 7, 1907, when a trial term was held in "Part I Supreme Court;" Hon. Wil- liam S. Andrews, justice of the supreme court, presiding.
The judicial system of this state, with its eourts, officers and practice, had its foundation in the system and laws of the colony of New York, exist- ing when in 1775 the state was organized. These in turn came from the Dutch and the English laws under which the colony had been living from its earliest existence as a colony. The influence of the English laws and prae- tice, however, was predominant, and gave to us the fruits of a long and var- ied experience in the administration of governments under legal forms.
When the state adopted its first constitution, in 1777, it took over and continued, and made a part of the fundamental law of the state, such parts of the common law and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together formed the law of the colony, on the 19th day of April, 1775, excepting all recognition of British rule, and subject to such alterations and provisions as the legisla- ture should make from time to time.
From these beginnings the system and the laws were developed as time went on, aeeording to the growing needs of a commonwealth finding its untried way along the lines suited to a government of a free and independent people. Courts were abolished, created and modified by sueeessive consti- tutions and statutes, until as the result of new conditions, experiment and development, we have the judicial system of today. The changes, however, have been rather in form and arrangement than in substanee. In all parts of the structure we see as constituent parts the elements of the old laws and systems of the centuries immediately preceding our own. We have, how- ever, Americanized the old English laws and systems to conform to the necessities of a new continent and a people working out their own destiny. Thus far the great experiment, with much of trial and frequent mistake, has been successful.
A brief review of the constitutional provisions relating to the courts and judicial offices of the state will aid in the understanding of the local history of the bench and bar.
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THE STATE CONSTITUTIONS IN RELATION TO THE JUDICIARY.
The State of New York has had four constitutions, with important amend- ments adopted from time to time. The organic law of the state has been thus gradually modified to meet the growth, development and needs of the people, and embodying their experience in self-government. What has proved unfit in practical experience, has been east off and the principles and meth- ods found to best minister to the public welfare have been retained. In other words, it has been a growth by evolution. 2
The first constitution, adopted in 1777, accepted and recognized the eom- mon law, with certain exceptions, and most of the courts, then in existence and to which the people were accustomed. No important amendments to this constitution were made.
The second constitution, framed in 1821 and adopted by the people in 1822, shows marked changes in many respects, but notably in its general transfer of power from the governor to the electors in the designation to office ; but the power of appointment of judges was still lodged in the governor and senate. The court for the trial of impeachments and the correction of errors was the highest court, and was composed of the senate and its president and the chancellor and the justices of the supreme court. This eourt, so far as being a "Court for the correction of Errors" was the imme- diate predecessor of our court of appeals. The chancellor and justices of the supreme court held office for life, "or until they shall attain the age of sixty years." This "age limit" remained in force until it was changed to seventy years by an amendment to the constitution of 1846, adopted in 1880. No amendments, specially important in this connection, were made to the constitution of 1822.
The third constitution, adopted in 1846, wrought great changes in re- speet to the courts, their organization and powers. The "Court for the cor- rection of Errors" was abolished and the court of appeals was created; the supreme court was reorganized ; the judges of both courts were made elective. and their terms of office were fixed at eight years; the court of chancery was abolished; no "age limit" for holding judicial office was established until an amendment passed in 1880.
This constitution was so amended from time to time and in so many re- speets, as practically to make a new constitution. So far as they might affect the bench and bar of this county, these amendments were confined to the judiciary article of 1869, substantially as follows:
The court of appeals was reorganized-to consist of a chief judge and six associate judges, with terms of fourteen years. A temporary commission of appeals was provided for. The election of additional justices of the su- preme court was authorized.
In 1880 the "age limit" for holding judieial offiee was fixed at seventy years.
In 1882 a further increase of justices of supreme court was authorized
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In 1888 a temporary "second division" of the court of appeals, to be com- posed of seven supreme court justices, was authorized, to relieve the calendar of the court. General terms of the supreme court were provided for.
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The fourth and present constitution of the state was adopted by the people November 6, 1894, taking effect January 1, 1895. Article VI contains all the provisions relating to the courts and judiciary. Many changes are made; certain local courts are abolished ; an increase in the number of supreme court justices is authorized: four judicial departments are created; the appellate division of the supreme court. with seven justices in the first department and of five in each of the other departments, is established-in place of the "general term" of the supreme court; certain city courts are abolished, and their judges became justices of the supreme court; circuit courts and courts of oyer and terminer are abolished and their jurisdiction is vested in the su- preme court.
The court of appeals is continued without material change, except that Seetion 9 is changed in defining the jurisdiction of the court. The age limit "of seventy years" is continued. The compensation of every judge of the court of appeals and of every justice of the supreme court elected prior to . January 1. 1894 (but of no others) whose term of office has been or will be abridged by the "age limit" for holding office, and who shall have served as such judge or justice ten years or more. shall be continued during the re- mainder of the term for which he was elected.
The jurisdiction of county courts is extended in eivil aetions for the re- covery of money only, where the complaint demands judgment for a sum not exceeding two thousand dollars (formerly one thousand dollars) ; also courts of sessions (except in the county of New York) are abolished and their juris- diction is vested in the county court-a measure, the wisdom of which was for a long time indicated by experience. The "age limit" for holding judi- cial office is applicable to county judges and surrogates.
An amendment in 1899 provided for the relief of the court of appeals by the designation by the governor of not to exceed four supreme court justices to sit as associate judges of that court, until the calendar of the court shall be reduced to two hundred.
Amendments were adopted November, 1905, authorizing the legislature to increase the number of supreme court justices and authorizing appellate divisions to transfer cases.
DANIEL MOSELEY.
Daniel Moseley, the only circuit court judge from Onondaga county, was appointed to that office by Governor Martin Van Buren in place of Enos T. Throop, resigned, and served from 1829 to 1844. He came from Westfield, Massachusetts, to Onondaga Valley, read law there with Forman & Sabine, and in 1809 began the practice of his profession at Onondaga Hill. He was appointed clerk of Onondaga county in February, 1821, and elected Novem- ber, 1822, to the same office, which he held until the end of 1825. In 1827 he was a member of assembly. He died October 3, 1851, aged sixty-five years.
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FREEBORN G. JEWETT.
The county of Onondaga has furnished to the court of appeals five judges elected thereto, of whom three have been chief justices and two su- preme court justices, designated to sit with that court.
Freeborn G. Jewett. the first member of the court of appeals from Onon- daga county, and one of the four elective judges of that court after its organ- ization under the constitution of 1846, was born in Sharon, Connecticut, in 1791 : admitted as attorney in 1814 and as counselor in 1817, and commenced the practice of his profession in Skaneateles, with Hon. James Porter. He held many offices, judicial and other, before his elevation to the bench of the court of appeals. He was master in chancery and justice of the peace soon after admission to the bar. He was surrogate of the county from February 11, 1824, to April, 1831; member of assembly in 1826; presidential elector in 1828, casting his vote for Andrew Jackson; member of the twenty-second congress ; appointed inspector of Auburn prison April 10, 1838; appointed justice of the supreme court March 5, 1845, continuing in that office until June 30, 1847. He was elected to the first court of appeals June 7, 1847, and in the allotment of terms of office among the four judges, held office for two years only, being chief judge for that period. He was re-elected November 6, 1849, and served until June, 1853, when he resigned on account of ill health. He died at Skaneateles in January. 1858.
Judge Jewett is remembered as a man of great executive ability, upright and honorable, of marked intellectual quality, and profoundly versed in the science of the law. As a judge, he was untiring in the consideration of the cases before the court.
He was a "liberal constructionist." regarded equity above technicalities, eited and analyzed many cases in his opinions. made a clear statement of issues involved, and authorities, and wrote with great clearness and not to ex- cessive length.
DANIEL PRATT.
Daniel Pratt, justice of the supreme court for the fifth judicial district from 1847 to December 31, 1859, was born in Greenwich, Washington county, New York, August 22. 1806, and was a son of William Pratt, a native of Massachusetts. He was graduated from Union College in 1835, and the same vear came to the village of Camillus, Onondaga county, and read law with David D. Hillis. He settled in Syracuse the following year and was admitted to the bar in 1837, in company with those afterward eminent men, George F. Comstock and Charles B. Sedgwick. He began practice with Mr. Hillis, his old preceptor. On February 23, 1843, he was appointed by Governor Bouek first judge of Onondaga county, holding that office until June, 1847, when he was elected justice of the supreme court under the new constitution of 1846 and re-elected for eight years in 1851. On January 1, 1860, he resumed practice in partnership with Daniel J. Mitchell, famous as an advocate, and Wilber M. Brown was added to the firm in 1862. The firm of Pratt, Mitchell & Brown occupied a high position in the bar of the county for fifteen years.
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In 1872 Judge Pratt was appointed by Governor Hoffman one of the commissioners from the fifth judicial district to revise the constitution of the state, and in November, 1873, he was elected attorney-general, which office he held for two years. IIc died July 23, 1884. Judge Pratt was twice married and left two sons, Charles and Daniel, surviving him.
Judge Pratt was of a strong, rugged nature, with a keen sense of humor, a good lawyer and a man of excellent character, both public and private. In polities he was a democrat, in religion a Presbyterian.
GEORGE FRANKLIN COMSTOCK.
George Franklin Comstock, judge of the court of appeals from 1855 to 1861, was born in Oswego county, New York, August 24, 1811, and died in Syracuse. September 27, 1892. He tanght in a public school when a young man and afterward, in 1834, was graduated from Union College. He then taught languages for a time in a classical school in Utiea, and for a short time in Syracuse and in 1835 became a law student in Syracuse in the office of B. Davis Noxon and Elias W. Leavenworth, and was admitted to the bar in 1837. His career as a lawyer and jurist from that time until a few years be- fore his death was one of great success and distinction. He came to be recog- nized as one of the ablest lawyers of the state.
In 1846 he was appointed by Governor Young the first reporter of the newly created court of appeals. The first four volumes of the New York Reports were the result of his three years' services as reporter. In 1852 President Fillmore appointed him solicitor of the treasury of the United States. which office he filled during the remainder of that presidential term. In 1855 he was elected on the " American" ticket, judge of the court of appeals to fill the vacancy caused by the resignation of Hon. Charles H. Ruggles and served until the expiration of the term in 1861. being chief judge of the court for two years. The ability with which he had analyzed and digested the de- cisions of that court in his reports. his arguments in cases before that court and his written opinions as a judge, gave him a wide reputation and placed him in the front rank as a great lawyer. He was renominated by the demo- eratie party, but was defeated with the rest of the ticket. He returned to the practice of his profession, and for many years was engaged in important cases involving large interests and difficult questions of law.
He edited Kent's Commentaries at the solicitation of that author's heirs. In 186S he was a member of the constitutional convention as delegate at large for the state. He and Judge Folger are eredited with the chief work in the formation of the new judiciary article adopted by the convention and ratified by the people.
Judge. Comstock was a noticeable figure in any company of men-tall. erect, with prominent and striking features, an expression that indicated firin- ness and great mental qualities. He was retieent, awkward and embarrassed at social functions, reserved and rather forbidding in manner among strangers,
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but genial, witty and joeose at small gatherings of congenial associates. In his office he wrote his briefs at a standing desk. and walked about the room while solving the legal problems in his mind.
When the United States income tax law was passed, imposing an annnal license tax upon attorneys and requiring payment under penalty before en- gaging in practice, he prononneed the law unconstitutional and refused to pay the tax and declared that he would submit to arrest and then fight the case to the supreme court of the United States. The persuasions of his friends to avoid the issue by payment of the tax (only ten dollars) were without avail, and it was understood that the tax was paid by his friends in spite of his opposition.
Judge Comstock took an active interest in founding benevolent and educational institutions, and in 1869 initiated the movement which resulted in the location of Syracuse University in Syracuse. He donated one-half of the one hundred thousand dollars necessary for the purpose. He was one of the trustees from the time of its organization in 1870 until his death, and for several years was vice-president of the board. Ile was virtually one of the founders of St. Johns School for boys at Manlius, and presented it with sixty thousand dollars. He was one of the incorporators of the Syracuse. Chenango & New York Railroad in 1868. and was trustee, director or origina- tor of various other organizations, commercial or benevolent.
He was married in 1839 to Miss Cornelia Noxon. daughter of B. Davis Noxon, one of his old law preceptors, of Syracuse. They had one son, George Franklin Comstock, deceased.
LEROY MORGAN.
LeRoy Morgan, late justice of the supreme court from 1868 to 1876, was born in Pompey. Onondaga county, New York, March 27, 1810, son of Lyman Morgan. He received his education at Pompey Academy, began the study of law in 1830, in the office of Daniel Gott. then of Pompey, and in 1831 removed to Manlius and finished his studies with IIon. Samuel L. Edwards. He was admitted as an attorney and counselor of the supreme court in 1934 and re- mained in Manlius until 1839, when he removed to Baldwinsville, continuing there in practice until 1851. While there he was appointed district attorney for Onondaga county, serving as such from 1843 to 1848. He eame to Syra- cuse in 1851 and formed a partnership with David D. Hillis, who died in 1859. In the fall of that year Mr. Morgan was elected, on the republican tieket, a justice of the supreme court for the fifth judicial distriet for eight years, and at the end of that period was re-elected for another term of eight years, without Democratie oposition.
In 1875. under the then existing provisions of the constitution relat- ing to the court of appeals, he was designated to sit as associate judge with the judges of that court for the last year of his term.
December 31, 1876. when his term ended, he returned to the practice .of his profession in Syracuse and continued it until his death, May 15, 1880.
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Justiee Morgan was conscientious and upright as a judge, a man of kindly dig- nity, courteous, enjoying the confidence and good will of the bar and the esteem of the community.
In 1832 he married Miss Elizabeth C., daughter of Mathew B. Slocum, of Pompey, and sister of the late Major General Henry W. Slocum, of Syra- cuse, and afterwards of Brooklyn, New York. Theodore LeRoy Morgan, their eldest son, and an attorney at law, was long the librarian of the court of apppeals library of Syracuse, whose death May 25, 1904, was greatly lamented by the bar.
JAMES NOXON.
James Noxon, late justice of the supreme court, was a son of the dis- tinguished lawyer of the early history of the county, B. Davis Noxon. IIe was born at Onondaga Hill in 1817; was prepared for college at Pompey Academy ; was two years a student in Hamilton College, and was graduated from Union College in 1838. He read law in his father's office and was a member of several firms during his practice as a lawyer. He was elected state senator for two successive terms, serving from 1856 to 1860. In 1975 he was elected a justice of the supreme court in the fifth judicial district, to succeed Justice Morgan, and died, while in office, January 6, 1881.
Judge Noxon was an industrious and painstaking lawyer. a favorite referee, before he was elected a justice. and on the bench sought, with ill health obstruetions, to do his full duty. His last years were saddened by illness and misfortunes. He was twice married and left a widow and a large family of children.
WILLIAM CRAWFORD RUGER.
William Crawford Ruger was chief judge of the court of appeals from January 1, 1883, to the time of his death, January 14, 1892. He was born in Bridgeport, Oneida county, New York, January 30, 1824, son of John Ruger, a prominent lawyer of that county, who removed in 1847 to Syra- ense, where he continued his practice until his death in 1855. Judge Ruger studied law in his father's office, was admitted to the bar in 1845, and prae- ticed in his native village until 1853, when he came to Syracuse and formed a partnership with his father. After his father's death he continued his practice until his elevation to the beneh. as a member of the successive firms of Ruger & Lester; Ruger & Jenney; Ruger, Wallace & Jenney; Ruger, Jen- ney, Brooks & French; and Ruger, Jenney, Brooks & Marshall.
Judge Ruger was a man of great reserve foree; as a lawyer at the bar. earnest and direct, disdaining mere tricks of temporary advantage and in the trial of causes, giving all his strength to maintaining by logie and authority. the legal rights of his clients. He was a remarkably forceful and impressive speaker, both from native quality and from his sineerity and earnestness in a cause, but without the special graces of oratory. In the trial of a cause he was always courteous to the bench and to his adversary, although he could on occasion very vigorously maintain his rights toward the one and
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resent the impertinenee of the other. He was a delightful social compan- ion, always bearing a native born dignity, but fond of the play of wit, with, however, on occasion, wit with too keen an edge. When he went upon the bench, he retained all his old qualities of comradeship, but with fitting dig- pity. He was a profound lawyer, a powerful advocate, a wise and just judge. In polities he was a democrat and was prominent in the politics of that party, and received from it many honors.
On May 2, 1860, Judge Ruger was married to Miss Harriet, eldest daugh- ter of Hon. Erastus S. Prosser, of Buffalo, New York. They had one son, Crawford Prosser Ruger, a lawyer in New York city, who died December 24. 1907.
WILLIAM SHANKLAND ANDREWS.
William Shankland Andrews, justice of the supreme court, was born in Syracuse, September 25, 1858, the son of Hon. Charles Andrews, former chief judge of the court of appeals, and of Mrs. Marcia (Shankland) Andrews. daughter of the late Hon. William H. Shankland, justice of the supreme court in the sixth district.
Mr. Andrews was graduated from Harvard University, A. B., in 1880, and from the Columbia Law School of Columbia University, LL. B .. in 1882, and was then admitted to the bar. In the fall of that year he formed a partnership with Martin A. Knapp and Edwin Nottingham. under the firm name of Knapp. Nottingham & Andrews. Later, his brother, Charles Walker Andrews was admitted to the firm. In this firm he practiced his profession until his election as justice of the supreme court in November, 1899, for a term of fourteen years. His ability and success as a practicing lawyer. his character and his sterling quality as a man early marked him as one specially fitted for high judicial position. He possesses the finer grace and courtesy of his distinguished father, and inherits also the same high type of legal ability, sound judgment, firmness of conviction, integrity. deep sense of duty and marvelous industry.
Few men have been elected to the bench with such general satisfaction of both the bar and the community in his native county and district, as in the case of Justice Andrews. His eight years of judicial service have deepened and strengthened that satisfaction and justified the choice of the people in his selection for the high office he holds, and inspires the hope that many years of usefulness and still higher honors may be his.
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