USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 84
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The history of the Nation presents few cases where men have been what may be called fully successful in politics ; if successful at all, it was only for a brief period, in which, like actors on the stage, they assume habiliments of official superiority, mounting some bad eminence, clothed in brief authority, only to be pushed off into oblivion by some ambi- tious struggler beneath, who, in his turn, perches upon the slippery place to meet the doom of his predecessor ; and so the political struggle goes on, and will go on, in which little, ambitious men, are more likely to achieve success than men of commanding abilities and high attainments.
Place the career of men who have attained political dis- tinction only, against the solid honors won by Henry C. Murphy, and which is the most to be envied ? The first was a glittering, ephemeral triumph, followed by forgetfulness ; the last is imperishable fame and honor.
A few more words in regard to Mr. Murphy's large-hearted public spirit and enterprise, which have left their impress in the history of his native city, will bring us to another feature in his character and career. Touching his public spirit, we shall use the following language of Dr. STILES, from his memoir of Senator Murphy before mentioned.
"Shortly after the war the plan of a bridge over the East River was projected, the founder of which was William C.
Kingsley. Into this enterprise Mr. Murphy threw himself with great energy, and enlisted the interest of his friends. In its inception it was a private enterprise, and all who en- gaged in it invested their private funds. He was chosen president of the company at the beginning, and when it was changed from a private undertaking to a public work, he was made one of its trustees, and the president thereof, which position he retained to the last. The history of this enter- prise is too fresh in the minds of the people to require ex- tended remarks. To it he gave more of his personal atten- tion than to any of the other affairs in which he was en- gaged ; and in the minds of the people, superficially at least, his name will be more closely identified with this work than with anything else in the future. Next to this he took great interest in the recent development of Coney Island, and as president of the Brooklyn, Flatbush and Coney Island Rail- way Company, assumed the personal charge of the more im- portant matters connected with its business, even to the re- pair of its rolling stock, and the extension of its accommo- dations for the public at Brighton Beach. To the Bridge office, the Coney Island Railway office, and those of the Brooklyn City Railroad and the Union Ferry Company, he made a visit almost every day-showing activity in attention to business remarkable for one of his years."
Thus with fidelity and diligence, not exceeded by any man in public or private life, for at least thirty-five years, Henry C. Murphy gave his powers, learning and acquirements to the public service with a purity, zeal and ability which, how- ever men may have differed with him politically or in re- gard to some of his measures, entitle him to the honor and gratitude of posterity. As was said of Rufus Choate : "He did not, like most eminent lawyers and legislators, content himself with the learning or the fame of his profession, or that of the politician ; he was true to his scholarly instincts and habits through his whole life-in a word, he was a man of letters. He was familiar with the whole range of English literature, and the literature of antiquity." His wide and varied circle of reading not only gave a liberal expansion to his mind, but it endowed him with a wealth of choice, but unstudied language, and a facility of illustration quite equal to most of the public speakers and writers of his day. His contributions to the press were always highly appreciated and admired, read with avidity, and greatly enriched con- temporary literature ; many of his productions have a stand- ard existence, and will have a place in the history of the future.
He was for a long time, as we have seen, editor of the Brooklyn Advocate, afterwards the Brooklyn Eagle, of which he was, for several years, the proprietor. His pen embel- lished and enriched the pages of several of the leading Amer- ican monthlies, among which were the Democratic Review, The North American Review, the Atlantic Monthly, and the Historical Magazine.
His specialty of study was the early history of America, particularly upon the explorations upon the coast which led to the settlement of the country by the Europeans ; and this led him to greatly delight in studying the relations of the Dutch Republic upon the opening and settling of this New Continent. With these subjects in view, he commenced at an early period in his life, the collection of a library from which he could draw his material. Of this collection we have a memorial modestly entitled, " A Catalogue of an American Library, Chronologically Arranged," consisting of fifty-eight pages (18mo, large margin) giving 589 titles. A manuscript note on the fly-leaf of the copy in the possession of the Rhode Island Historical Society bears the following note : "This catalogue contains a list of books relating to
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LEGAL BIOGRAPHIES.
America, printed before 1800, in my library at the time it was prepared, about ten years ago. Since that time the number has been greatly enlarged, but I have as yet not catalogued it. June, 1863. H. C. M." This may be con- sidered his first printed work. A description, even a brief one, of all the writings and published works of Mr. Murphy would occupy several pages. We will, however, mention one or two, viz. : Henry Hudson in Holland. An Inquiry into the Origin and Object of the Voyages which led to the Discovery of the Hudson River. With Biblio- graphical Notes (8vo, 72 pp. Portrait of Dirkvan Os).
In 1867, the appearance of a fine volume, entitled " A Journal of a Voyage to New York and a Tour in Several of the American Colonies, in 1679-80. By Jasper Dankers and Peter Sluyter, of Wiewerd, in Friesland. Translated from the Original Manuscript in Dutch, for the Long Island His- torical Society, and Edited by Henry C. Murphy, Foreign Corresponding Secretary of the Society," testified at once to his continued interest in the historic lore of the Nieuw Neth- erlands, and to his love for the society of which he was a founder and a distinguished member. This was the transla- tion of an exceedingly curious manuscript, which by some fortuitous circumstance had escaped damage and destruc- tion, and which he discovered in the possession of Mr. Fred- erick Müller, a book-seller of Amsterdam, by whom its in- trinsic historical interest does not seem to have been appre- ciated. It forms the first of three volumes of Transactions, which this young but energetic Society has thus far pub- lished.
In regard to Mr. Murphy's connection with the Long Island Historical Society, the distinguished writer to whom we have so often referred says : "His name stands at the head of the eight persons who, on Feb. 14, 1864, issued a circular calling for a meeting to establish a 'Long Island Historical Society,' which should ' discover, procure and preserve the three-fold Indian, Dutch and English History of the Island, and whatever may relate to the general history, to the na- ural, civil, ecclesiastical, and literary history of the United States, the State of New York, and more particularly of the counties, towns, cities and villages of Long Island.' His life- long friend, Alden M. Spooner (to whom the credit of the suggestion is preeminently due), Judge John Greenwood, John Winslow, Judge Joshua M. Van Cott (representing Kings County), R. C. McCormick, Jr., and Henry Onderdonk, Jr., the historian (representing Queens County), and Judge Henry P. Hedges (of Suffolk County)-all but one of whom were lawyers-were those who were connected with him in this movement. In the first three years of the Society's ex- istence, during which I was its librarian, I saw much of Mr. Murphy. His office was on the floor below the Society's rooms, in the Hamilton Building, and was easily reached by a rear door from our rooms. It was then a very usual thing for Mr. Murphy, as he came in from Bay Ridge in the morn- ing, if he had any little business at our rooms, to pass through the library on his way to his office ; and not infre- quently, he would escape from the cares of business, to spend an hour amid the books, or in chatting pleasantly with some of his old friends upon historic and literary matters. No one who has only seen Mr. Murphy in public, or in business rela- tions, can imagine how changed a man he appeared in these infrequent hours of ease. Usually, in the street, or in his office, his countenance wore a wearied, stern and somewhat disappointed aspect, which did not invite approach. But seated in some snug corner of the library, surrounded by the bookish atmosphere which he loved so well, and by old friends and tried, all this hardness fell off from him, and his face was transfigured for the time by animation and humor.
His contributions of books, from time to time, were numer- ous and valuable; and I recall how carefully he remembered, amid a great pressure of private business, to attend to the calls which I occasionally ventured to make upon him for the loan of some choice book or rare pamphlet. He seemed never to forget any promise of this sort. I cannot but incor- porate on these pages the discriminating estimate of his re- lations and services to the Long Island Historical Society, expressed in the Minute adopted by that body, December 11th, 1882, as follows :
" 'His interest in the institution, from its commencement to the present, has been of essential and continual benefit to it, and to its library. He has been a generous contributor to it, both in books for its collection, and of money for its treas- ury. He has personally and successfully solicited aid for it at the different conjunctures when it has been in urgent need of relief or of enlargement. His counsels concerning its administration have always been intelligent, liberal and candid, marked by an affectionate solicitude for its wel- fare, and the desire for constant expansion in its plans and work. His attendance at the meetings of the Board and of the Society has been regular and punctual, when public du- ties have not altogether occupied his attention; and his courtesy in discussion has uniformly corresponded with his generosity in action, and with the courageous wisdom of his plans.'"
It need not, perhaps, be added, from what we have seen, that Mr. Murphy was, to a wonderful degree, industrious- prompt and faitliful in the discharge of all his duties, public and private. He was honest in the full Roman meaning of that word-free from tricks and fraud. No one could sus- pect the purity of his motives, or seek by improper means to influence his conduct. He might be misled by prejudice, or party bias, or local interests, but never by personal interest, or by hope of it. He was not a politician in the sense of the word as it is now used-a man of platitudes, sophistry and low cunning ; he did not always use the artifice of silence ; he was a politician versed in the science of government, fa- miliar with all the laws and usages which govern our inter- course with foreign nations, interested in questions affecting internal improvements, and carefully informed on all finan- cial subjects. His popular addresses drew the attention of willing. earnest listeners, which soon found through the press a far wider acceptance. His arguments at the bar and in the Legislature were always strong, effective, pregnant with meaning, unadorned with rhetorical drapery, and like a Tus- can column, beautiful in their elegance, and grand in their simplicity.
Mr. Murphy's home life was the most hearty, cheerful and affectionate which could be imagined, and in that circle where men are best known he was most loved and most ap- preciated. Kind, familiar, often jocose; sensitive, with almost feminine susceptibility, his home was his retreat from the cares and turmoil of business, and he loved it as few men love their homes.
But in the midst of all his usefulness and activity he was, after a brief illness, summoned from the scenes of earth. He died at his residence in Remsen street, Brooklyn, on the morning of December 1st, 1882, leaving surviving him his widow, and his only children, Henry C. and George I. Mur- phy. These gentlemen are highly respectable members of the Brooklyn Bar, and were for several years associated with their distinguished father in the practice of law.
We need not say that he died deeply lamented ; it could hardly be otherwise with a man who had stood so long and prominently before the public. The numerous public dem- onstrations of respect to his memory, by the bar, the judicial
366
HISTORY OF KINGS COUNTY.
tribunals, deliberative bodies and popular assemblies, which followed the announcement of his death, attested the high esteem in which he was held and the most unfeigned sorrow for his loss. In private circles, too, evidence of profound sorrow was everywhere manifested. The world's applause. which had sounded loudly in his ears, subdued by sorrow, was mingled with the requiem for the dead.
Finally, deducting whatever truth may demand for his faults-a deduction he never omitted-there remains the im- perishable record of a memorable career. Though he did not grasp all that his ambition prompted, he attained much that the highest ambition aims to grasp, and that heroes die to obtain-a fadeless, historic name.
List of County Officials .*- Having given a history of the county buildings of Kings County used in the administration of Justice, a history of the early courts, periods of their organization, and a description of some of the trials and other proceedings conducted therein, with biographical sketches of the judges, lawyers and other officers of these courts, with the present bar of Kings County; we now proceed to name the judicial, ministerial and other officers who were, and are, con- nected with the machinery of justice in the County.
JUDICIAL OFFICERS. (WEST RIDING, UNDER THE "DUKE'S LAWS.")
John Manning, James Hubbard,
Richard Betts,
Ellert Elbertson,
Samuel Spicer, James Cortelleau,
Rulof Martin.
JUSTICES UNDER THE COMMISSION OF GOVERNOR ANDROS, 1688.
Stephen Van Cortland, Judge of the Court of Pleas. James Cortelleau, William Morris,
Gerardus Beekman, Nicholas Stillwell.
JUSTICE OF THE QUORUM.
Under the law of 1691, and the ordinance of 1699 : Gerardus Beekman.
JUDGES OF THE COMMON PLEAS.
APPOINTED
Gerardus Beekman. 1700
Jacobus Van Cortland. Oct. 1702
Nicolas Stillwell 1710
Cornelius Seabring.
Nov. 13, 1716
Cornelius van Brunt. 1718
Peter Strycker. 1720
Daniel Polhemus. 1722
Peter Cortileau.
1724
Samuel Garretsen
1729
Ryck Suydam 1732
Christopher Codwise.
Feb. 24, 1738
Johannes Lott 1742
Abraham Lott
1745
Isaac Seabring
1749-52
Samuel Garretsen, Barnabus Ryder, Chas.
De Bevoise, 1752-61. Oct. 13, 1749
* Biographies of other members of the Kings County Bar will appear in the History of the Bench and Bar of Brooklyn, in another part of this work.
APPOINTED
Abraham Schenck. Oct. 9, 1767
John Lefferts . May 9, 1770 John Lefferts, Jeremiah Remsen, Philip Nagil. . 1770-77
Englebert
Lott, Jeremiah Vanderbilt,
Theodorus Polhemus. 1777-80
JUDGES OF THE COMMON PLEAS (since the Revolution).
APPOINTED.
Nicholas Covenhoven March 28, 1785
Johannes E. Lott. June 11, 1793
John Skillman. March 15, 1805
Wm. Furman,
Feb'y 28, 1808
Leffert Lefferts.
. Feb'y 10, 1823
Peter Radcliff.
.Feb'y 21, 1827
John Dikcman
. April 21, 1830
Nathan B. Morse
. April 30, 1833
John A. Lott.
April 18, 1838
John Greenwood.
Jan. 27, 1843
John Vanderbilt.
May 1, 1844
COUNTY JUDGES UNDER THE CONSTITUTION OF 1846.
Wm. Rockwell awarded the certificate of election, June, 1847-the first election under the Constitution of 1846. His election was contested by Samuel E. John- son, in whose favor the Circuit Court decided on Oct. 28, 1848.
ELECTED.
Samuel E. Johnson. . Oct 28, 1848
Henry A. Moore Nov. 1851
Samuel D. Morris 1855
Samuel Garrison
66
1859
John Dikemar
1863
James Troy.
66
1867
Henry A. Moore*
66
1871
DISTRICT ATTORNEYS.
. By an act passed Feb. 12th, 1796, the State was di vided into seven districts, in each of which an assistant Attorney-General was to be appointed by the Governor and Council, to hold during their pleasure, and to per- form the duties previously required of the Attorney- General and his deputy. Kings County, with Suffolk, Queens, Richmond and Westchester, were embraced in the 1st district. Nathaniel Lawrence, appointed Feb., 1796, and Cadwallader D. Colden-afterwards a dis- tinguished mayor and judicial officer of the city of New York-were the prosecuting officers for the 1st district.
In 1801 the office of District Attorney was created, the State being divided, as before, into seven districts. The prosecuting attorneys under this law were
Richard Ryker
. Appointed Aug. 19, 1801
Cadwallader D. Colden.
Feb. 13, 1810
Richard Ryker
Re-appointed Feb. 10, 1811
Barnet Gardinier.
Appointed March 5, 1813
Thomas Lester
April 8, 1815
* Served by re-election down to present time, 1883.
367
LIST OF COUNTY OFFICIALS.
As the County of Kings was retained in the 1st Dis- trict, these gentlemen, under this law, as well as under the previous law, appeared in the criminal courts of this county, conducting in them the trial of criminals.
On the 21st of April, 1818, each county was made a separate district. Under the Constitution of 1821, District Attorneys were appointed by the Court of Common Pleas and General Sessions in each county. By the provision of the Constitution of 1846, they were elected by the people, for the term of three years.
DISTRICT ATTORNEYS APPOINTED BY TIIE ACT OF 1818, AND UNDER THE CONSTITUTION OF 1821, FOR KINGS COUNTY.
APPOINTED
James B. Clark March 2, 1819
Nathan B. Morse
April 26, 1830
Wm. Rockwell. -, 1833
Nathan B. Morse June 3, 1839
DISTRICT ATTORNEYS ELECTED UNDER THE CONSTITU- TION OF 1846, IN THE COUNTY OF KINGS.
APPOINTED
Harmanus B. Duryea. June, 1847
Richard C. Underhill. . Nov., 1853
John G. Schumaker . Nov., 1856
John Winslow . . Nov., 1859
Samuel D. Morris . Nov., 1862
Winchester Britton . Nov., 1871
Thomas H. Rodman. Feb. 21, 1874
John Winslow May 9, 1874
Winchester Britton . Nov., 1874
Isaac S. Catlin* Nov., 1877
COUNTY CLERKS.
These officers, under the Colonial Government, were appointed by the Governor-General. Their duties dif- fered from the present clerk, in many respects. They were, however, clerks of some of the courts.
After the Revolution, they were appointed by the Council of Appointment, and they performed the du- ties of Clerks of the Court of Common Pleas. By an act, February 12th, 1796, they were made Clerks of the Supreme Court at Nisi Prisi, or trial terms, and of the Oyer and Terminer in the different counties. The present Constitution makes them Clerks of the Supreme Court in their several counties. Since 1822, they have been elected for a term of three years.
COUNTY CLERKS FOR KINGS COUNTY.
APPOINTED
John West.
1671
Peter Smith. 1682
John Knight .. 1684
Jacobus Vandewater 1687
Henry Filkin. 1704
John M. Sterling. 1715
Adrien Hageman. 1726
Simon Boerum,
1750
APPOINTED
John Rapclje.
1775
Jacob Sharpe, Jr.
1784
Leffert Lefferts, Jr. April 5, 1800
Abraham Vanderveer. .Feb. 24, 1816
ELECTED
Joseph Dean. Feb. 14, 1821
Abraham Vanderveer. Nov., 1822
Charles E. Bulkley. 1837
Adrian Hegeman. 1840
John M. Hicks. 1843
Francis B. Stryker. 1849
Charles A. Denike. 1852 60
Wm. H. Campbell. 1855 66
Charles W. Thomas, 1858
John N. Stearns. 1861
John J. White. 1864
George G. Herman. 1870
George G. Herman 1873
John Delmar.
1876
Charles B. Elliott.
1879
Rodney Thursby.
1882
SURROGATES.
The Court now known as Surrogate's Court, which concerns itself only in the probate of wills, and matters relating to the administration of the estates of intes- tates, was known, during the Colonial Period, as THE PREROGATIVE COURT.
Then, the authority to grant probates of wills was vested by the Duke's Laws, in the Court of Assizes ; Courts of Sessions ; the Mayor's Court also exercising like jurisdiction. Where the estate exceeded £100, the will and other instruments of administration, were recorded with the Provincial Secretary in the city of New York. Granting probates being a part of the royal prerogative, was subsequently reserved, by the royal instructions, to the Governor, or person administering the government. In accordance with this principle, the Legislature passed a law, Novem- ber 11th, 1692, directing that all probates and letters of administration be thenceforth granted by the Governor or his delegate, under the seal of the prerogative office, and that two freeholders should be elected or appointed in each town, to have charge of the estates of intestates, which duty, under the Duke's Laws, had been performed by the constable, overseers and justices. All wills relating to estates in Kings, and several other counties, were to be proved at New York ; in the more remote counties, the Court of Com- mon Pleas was authorized to take the proof and trans- mit the papers to the record office for probate. In 1750, the provision was extended to Orange, and sub- scquently to the more remote northern counties. Sur- rogates, with limited powers, were appointed in other counties at an earlier date.
After the Revolution, Surrogates werc appointed for an unlimited time by the Council of Appointment,
* Re-elected 1880.
368
HISTORY OF KINGS COUNTY.
until 1821, when the appointing power was given to the Governor and Senate, and the term limited to four years.
The Constitution of 1846 directs the duties of Sur- rogate to be performed by the County Judge, except- ing those counties whose population exceeds 40,000, in which the Legislature may provide for the election of a separate officer to perform the duties of Surrogate.
The Surrogate, or Judge of Probate, is one of the most important judicial officers in the State of New York. Cases of greater intricacy come up for adjudi- cation in his court than that of any other tribunal; for the law touching the proof and construction of wills, of the settlements of estates, the powers and duties of executors and administrators, and often that of trustees, are among some of the questions that are constantly submitted to the Surrogate for his adjudication.
The first SURROGATE of Kings County, after the Rev- olution, was Johannes E. Lott, appointed April 6th, 1787. His successors were :
APPOINTED.
James Lefferts. June 11, 1793
William Livingston .Jan. 16, 1800
John C. Vanderveer. March 16, 1814
Jeremiah Lott. March 29, 1814
Richard Cornwell. Feb. 26, 1832
Alden Spooner. April 26, 1841
Alonzo G. Hammond. May 3, 1845
Andrew B. Hodges* . June, 1847
Jesse C. Smith. Nov., 1850
Rodman B. Dawson, 1854
Roswell C. Brainard. 1858
William D. Veddert. 1866
Walter L. Livingstont 1876
Abraham H. Daily. May 12, 1877
Walter L. Livingston. Nov., 1877
SHERIFF.
The office of sheriff is one of the oldest known in the history of the State, as well as the most important. He is an executive officer. Among his many duties are those of enforcing order in a court-room, and executing the writs, other processes and orders of the court; he has custody of the jail and its inmates ; and of the court-house. In fact, through him the whole, or near- ly the whole, procedure of the bench and the bar and the other machinery of justice are carried into effect. Under the Dutch government, the only divisions in the State were the city and towns. In 1665, a district or
Sheriffalty, called Yorkshire, was crected. It com- priscd Long Island, Staten Island, and a part of West- chester county. For judicial purposes, this sheriffality was divided into three Ridings. The East Riding comprised the county of Suffolk ; the West Riding, Staten Island, Kings county, Newtown and a part of Westchester ; the North Riding, all the present county of Queens, except Newtown. A sheriff was appointed for cach of thesc Ridings.
The Ridings were abolished by the act of 1683, and counties erected in their place, as follows : Albany, Cornwall, Dukes, Dutchess, Kings, New York, Orange, Queens, Richmond, Suffolk, Ulster and Westchester.
In each of these counties the office of sheriff was retained, with duties and powers as we have described.
The first sheriff of Kings County was Richard Still- well, appointed in 1705, by Edward Hyde, Lord Vis- count Cornbury, Governor of the colony of New York.
The successors of Stillwell were
APPOINTED
Tunis Lott. 1717
Dominicus Vanderveer. 1717
Jacob Rider. 1749
Moweris Lott. 1754
Rem Vanderbilt. 1760
Jeremiah Vanderbilt. 1763
Alexander Forbus 1767
Rutgert Van Brunt, appointed February 4th, 1770- the last of the colonial sheriffs-himself and all his pre- decessors were appointed by the colonial governors. Andrew Elliot, the last colonial governor of the colony of New York, in assuming to discharge the duties of that office in 1783, appointed a person by the name of Corne- lius Vincent, sheriff of Kings County; but the govern- ment under the Continental Congress, refused to recog- nize Elliot as governor, having been appointed by the Crown. The people of Kings County, therefore, utter- ly disregarded Vincent as Sheriff of the county. He made a few attempts to discharge the duties of the office, but was violently resisted by the people, as a tory officer under the British King.
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