USA > New York > The natural, statistical, and civil history of the state of New-York, v. 3 > Part 39
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The one contended for the observance of public and private engagements, and was friendly to a regular administration of
438
HISTORY OF THE
justice, and of a course of taxation that would enable the Union to fulfil its engagements. It was friendly to an enlarge- ment of the federal government, and to the enabling it to protect the dignity and character of the nation abroad, and its interests at home. The other party viewed with tenderness the case of the debtor. 'To exact a compliance with contracts was thought harsh. It was in favour of relaxing the administration of justice. It resisted every attempt to transfer, from its own hands into those of Congress, those powers which were essen- tial to the welfare and preservation of the Union.
These parties were nearly balanced. The advocates of the former endeavoured to impress the people with the importance of taking measures to prevent a total dissolution of the confed- eracy, and of adopting a stable form of government for the whole. To this end, it was recommended that a convention of delegates from the several states should convene at Annapolis, in Maryland. A meeting was held pursuant to the recommen- dation, in the month of September, in the year 1787, but it was only attended by commissioners from New-York, New-Jersey, Pennsylvania, Delaware, Maryland and Virginia. The con- vention chose a chairman, and proceeded to discuss the objects for which they had convened. As the delegates were not · clothed with ample powers, and as a majority of the states were not convened, they came to a determination to adjourn,- Previous to their adjournment, however, they agreed on a report to be made to their respective states, in which was repre- sented the necessity of extending the revision of the federal system to all its defects, and in which they recommended that deputies for that purpose be appointed by the several legisla- tures, to meet in convention, in the city of Philadelphia, on the second day of May, 1788. In the meantime, Congress passed a resolution advising the same course. This had considerable influence. The legislature of the state of New-York, instruct- ed its delegation in Congress, to move the resolution in that body, recommending to the severalstates to appoint deputies to meet in convention, for proposing amendments to the constitu- iton. In the senate of New-York there was a majority of only
439
STATE OF NEW-YORK.
one vote. The then governor, and several of the leading men, were opposed to such a measure, and did every thing in their power to defeat it. They foresaw that the establishment of a federal government would abridge their power. They did not take into due consideration the good of the whole. All the evils which they predicted, have, however, proved fallacious.
At the time and place appointed, the representatives of twelve states convened. .. Rhode Island was the only state not repre- sented. In that state, a spirit hostile to reform reigned predo- minant. Washington was chosen president of the convention. On the seventeenth day of September, the members agreed upon a constitution for the United States.
. A resolution of the convention directed, that the constitution, = so agreed upon, should be laid before the United States in Con- gress assembled, and declared the opinion, that it should after- wards be submitted to a convention of delegates, chosen in each state by the people, under the recommendation of its legislature, for their assent and ratification. It was also recommended, that as soon as the conventions of nine states should ratify the con- stitution, it should be carried into operation by the United States in Congress assembled. By the order of the convention, the instrument, with the resolutions, was transmitted to Congress.
Immediately after the convention rose, measures were resorted to, to take the sense of the people in relation to the propriety of the adoption of the constitution. The friends.and the opposers of the constitution formed themselves into two parties. The former were called Constitutionalists, and the latter Unconstitu- tionalists. Hitherto, no great parties, extending over all the states, had existed. Both, during the. interval between its publi- . cation and adoption, exerted their utmost endeavours, for or against it. The presses teemed with productions in favour and against it. A series of essays appeared in the New-York papers in favour of it. These were the productions of Colonel Alex. Hamilton, Mr. Jay, and Mr. Madison. They are now known by the name of the Federalist.
The convention of eleven states at length consented to, and ratified the constitution. The parties were called Federalists
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HISTORY OF THE
and Anti-federalists. The federalists were in favour of the con- stitution, and the anti-federalists opposed to it. The former were the friends of the union of the states, and the latter the enemies. The general government of the United States was or- ganized under the constitution, immediately after its ratification, by a majority of the people of the United States, and Washing- ton was chosen president. The adoption of the constitution and federal government, gave weight and consideration to the United States. Such is an outline of the United States' govern- ment, and the origin of parties.
Government .- This consists of three branches : the Executive, the Legislative, and the Judicial.
The Executive consists of a governor. In case of his death or impeachment, the lieutenant-governor is vested with the cxe- cutive power.
The Legislative consists of a senate and assembly.
The Judicial consists of a chancellor, the three judges of the supreme-court, and the senate, with its president, the lieu- tenant- governor. .
Of each of these in their order. The governor and lieutenant- governor are elected biennially.
The governor is general and commander-in-chief of all the militia, and admiral of the navy. He is empowered to convene the legislature or the senate on extraordinary occasions ; grant reprieves and pardons after convictions, for all offences, except treason and impeachment. In treason, he may suspend execu- tion, till the case be reported to the legislature, at its next meeting.
The duties of the governor are mostly defined by the consti- tution. By this instrument, he is required to communicate by message to the legislature, at every session, the condition of the state ; and recommend such matters as he shall judge proper, expedite all such measures as may be resolved upon by the le- gislature, and see that the laws are faithfully executed.
In appointments to such offices as are in the gift of the se- nate, the governor has the sole nomination.
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STATE OF NEW-YORK.
The Senate consists of thirty-two members, chosen for four years. Senators are elected by districts; the state being di- vided into eight districts, each of which sends four. The seats of one fourth are vacated every year. The seats thus vacated ` are filled by others chosen annually to supply their place.
The assembly consists of one hundred and twenty-eight members, who are elected annually. The members are appor- tioned among, and elected by, the different counties, unless the population be insufficient.
The number of senators and assemblymen is fixed by the constitution.
The legislature are to meet annually, on the first Tuesday of January, unless a different day be appointed by law.
. A majority of each house constitutes a quorum. Each house determines the rules of its own proceedings, judges of the qualifi- cations of its own members, and chooses its own officers. The senate, in the absence of the lieutenant-governor, may appoint a president pro tempore from its own members. 9
The assembly choose a speaker from their own body. Each house keeps a journal of its proceedings.
Bills may originate in either house ; and all bills passed by one house, may be amended by the other.
Every bill which passes both houses must, before it can be- come a law, be presented to the governor for his approval. If he, however. does not approve it; and, upon a reconsideration, two thirds of the members of both houses present agree to pass it; it still becomes a law.
The judiciary is subdivided into several branches; each of which we shall notice separately.
First-The court for the trial of impeachments, and the cor- rection of errors This court is composed of the lieutenant-gover- nor, who is ex-officio president of the senate, the senators, chan- cellor, and judges of the supreme-court. It is the highest tribunal in the state. The chancellor and judges have no wice in the af. firmance or reversal of causes brought up from their respective courts. They, however, are to inform the court of the reasons for the decree or judgment. In thos causes which are carried VOL. III. 5€
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HISTORY OF THE
up from the supreme court, the chancellor may give an opinion ; and so, in those which are removed from the court of chancery, the judges may give opinions seriatim.
The court of chancery consists of a chancellor, who has ju- risdiction in all cases in which the common law affords no relief, or not an adequate one.
His jurisdiction is either original or appellate, and extends to cases of accounts, frauds, infants, specific performances of agreements, trusts, &c.
The officers of this court consist of a register and assistant register, clerks, masters, and examiners. The two latter are nominated by the governor, and appointed by the senate.
Third-The supreme court consists of a chief justice. and two justices. It is the supreme court. of common law in the state. Its jurisdiction is very high and transcendent. It has authority over all the inferior courts, except the surrogates ; their opinions and judgments being subject to its revision.
The judges of the supreme court are also empowered to hold circuit courts throughout the state. They appoint their own clerks, criers, and reporter. The clerks and criers a mount to six.
Fourth : the circuit court consists of eight judges. Each judge presides over a district, the state being divided into eight districts. These judges severally possess the powers of a jus- tice of the supreme court at chambers; and in the trial of all issues joined in the supreme court, or in any other court and brought into the supreme court; and in the trial of cases in courts of oyer and terminer, and general jail delivery. They have also within the limits of their respective districts, concur- rent jurisdiction with the chancellor, of all matters and causes in equity, of every description and character, subject, however, in all cases, to the appellate jurisdiction of the chancellor.
The equity jurisdiction of the circuit judges is confined to matter. and causes within their several districts, or where the subject matt- in controversy is situated within such dis- trict, &c.
'The 'chancellor, justices of the supreme court and circuit judges, hold their offices Juring good behaviour, or until they
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443
STATE OF NEW-YORK.'
respectively attain the age of sixty. The constitution, in this re- spect, has its advantages and disadvantages. A judge may, after he attains sixty, be better qualified than when he went on the bench, or he may be worse. If he possess industry he will be better, but if he has little or none, he will be less fitted to discharge the duty. On the one hand the public are losers, and on the other gainers.
We are inclined to think the present organization of our supreme court and circuit courts, is defective ; and that the anticipations of some will not be realized. There are three judges of the supreme court, eight circuit judges, a superior court in the city of New-York, consisting of three judges, to all of which may be added the chancellor, making a total of fifteen.
There are fifty five courts of common pleas. Justices of the peace have jurisdiction to the amount of fifty dollars. We barely name the latter jurisdictions, to show that they take off much business from the hands of the circuit judges, as these latter do from the supreme court, and that, after all, they do not dispose of the causes as fast as brought before them.
" The Superior Court of the city of New-York, consists of a Chief Justice and two Associate Justices, appointed for five years. They have power to hear, try and determine all local actions, arising within the city and county of New-York, and all transitory actions, although the same may not have arisen there, and to grant new trials in cases where they think pro- per.
The Superior Court is held at the City Hall on the first Monday of every month, and continued from day to day, to the. last Saturday, inclusive in the same month, should it be deem- ed expedient. Either or all of the judges may hold the same for the trial of causes and for non-enumerated motions ; but all cases and points, reserved at trials, bills of exceptions, de- murrers to evidence, motions in arrest of judgment, and issues in law, are to be argued or submitted in the same court, before a majority of the judges.
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Causes may be removed into the Supreme Court in like
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HISTORY OF THE
manner, as they are from the Circuit Courts. This Court - was created March 31, 1828.
The Court of Common Pleas consists of five judges, com- missioned for five years; subject, however, to be removed by the senate, on the recommendation of the governor, for cau- ses to be stated in such recommendation. The person first . named in the commission, is designated first judge. The ju- risdiction of the Common Pleas is limited to a county, and as there are five of these judges in every county, and as there are fifty-five organized counties in the state, the total number is two hundred and seventy-five-a legion.
The Courts of Common Pleas, of the several counties, are authorised to hear and determine all actions, real, personal and mixed, arising within the said several counties respectively, and also, all transitory actions, although the same may not have arisen within the said counties, respectively. New trials may also be granted, where one of the judges is of the degree of counsel- for at law.
The judges of the Court of Common Pleas, the cities and counties of New- York and. Albany excepted, are also author- ised to hold courts of general sessions of the peace, in their several counties. Their jurisdiction extends to all cases, ex- cept treason, misprison of treason, murder, or other felony, or crime, which is punishable with death, or imprisonment in the state prison for lite, or longer than life.
In civil cases, a quorum can do business. In criminal, a quorumn, or either of the judges aided by two justices of the peace. The Court of Common Pleas have likewise appellate ju- risdiction.
This court, a badge of the colonial times, ought to be abo- lished. Four lawyers, of industry, talents, and learning, would do all the business now done by the two hundred and seventy- five judges, and the justices of the peace, who at times sit in judgment with them in criminal cases, and would give much better satisfaction both to suitors and the public.
The judges appoint district attorneys in their respective counties.
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STATE OF NEW-YORK.
.. In every county there is a clerk, who is elected by the people.
Sixth .- Justices of the peace .- The law allows four in each town in the state, whether the town be large or small, populous or not.
The jurisdiction of justices of the peace is commensurate with the county in which they live. They can try and determine all actions to the amount of fifty dollars, except those in which the title to land comes in question, and those of slander, and assault and battery. They are also authorised to enter judg- ments to the amount of two hundred and fifty dollars, and under. They also, in some cases, reverse their own judgments, accommodating themselves to causes, circumstances, and wishes.
Each justice constitutes a court in civil cases. Either party to a suit may appeal from the judgment rendered. But, as the appeal is to the common pleas, the remedy is oftentimes infi- nitely worse than the disease. The appellant, before he can appeal, has to give a bond in double the amount of the judg- ment and pay costs. In this particular the law is arbitrary and unjust. We say arbitrary and unjust, because it puts it in the power of an artful plaintiff to collect an unrighteous judgment of a defendant who is unable to procure bail.
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Justices have also jurisdiction in cases of misdemeanor, petit larceny, &c. Every man that can write his name, is eligible to the office. The latter remark must, however, be taken with some qualifications; such as belonging to a party, being able to render services in holding up the party to which he belongs, and in yielding implicit obedience to the mandates of the leaders of the party.
Besides the justice's court, there are special justices courts in New-York. Albany, &c. The whole number of justices of the peace in the state, is not far from two thousand eight hun- dred-a mighty host. In England and Wales, where the po- pulation is nearly eight times as great as ours, there are about fifteen hundred acting magistrates. They ought to have about twenty thousand, but the people, perhaps, have formerly had experience of the evil arising from so many magistrates, and too much law ; or little, or no law. Our justices of the peace
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HISTORY OF THE
usually determine all causes brought before them, according to equity, by presuming and intending. But after all, equity does not consist in presuming and intending, but on facts and known principles.
Eighth .- Mayor's courts -These are confined to the cities of New-York, Hudson, Albany, Troy, and Schenectady. The mayor, recorder and aldermen in each city form a court.
Ninth-Surrogate's Court .- There is one surrogate in each county, who holds courts in certain cases. His jurisdiction ex- tends to the proving of wills, granting letters testamentary, and appointing administrators, guardians, &c. ; and generally speaking, to all matters and things relating to the settlement of the estates of testates and intestates. An appeal lies from this court to the court of chancery.
Sheriffs and Sheriff's Courts .- In every county there is a sheriff, who is elected triennially. The sheriff is a judicial, as well as a ministerial officer. He holds inquests in civil cases, where the defendant makes default, and where the damages are not liquidated
Coroners are elected triennially. There are four in each county. They take inquests in cases of accidental deaths or otherwise, &c.
Constables .- These are elected yearly in the several towns. The electors determine the number.
Town officers .- These consist of one supervisor, and one town clerk in every town. Besides these there are assessors, &c.
There are several officers of state, such as the secretary, comp- troller, treasurer, surveyor-general, attorney-general, adjutant- general, commissary-general, &c.
A list of the Governors, Lieutenant Governors and Presidents, who administered the government of the . Colony and State of New-York, from June 1629, to the present time.
Dutch Governors.
Wouter Van Twiller,
from 1629 to 1638
William Kieft do. 1638 - 1647
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447
STATE OF NEW-YORK.
Peter Stuyvesant, . from · 1647 - 1664 Anthony` Colve, from October 14, 1673, to February 9, 1674.
English Governors.
Richard Nicolls, from Sept. 7, 1664 to 1667 Frances Lovelace, from 1667, to October 19, 1673.
Sir Edmund Andross,
from 1674 to 1691
Anthony Brockholst,
do. 1681 - 1683
Thomas Dongan,
do. 1683 - 1688 ·
Francis Nicholson, do.
1688 -
Jacob Leisler, (Lieut. Gov.) do. 1689 - 1691
Henry Sloughter, . · do. 1691 -
Richard Ingolsby, (Lt. Gov.) do.
1691 -
Benjamin Fletcher,
do. 1692 - 1698
Richard, Earl of Bellamont, do. 1698 - 1701
John Nanfan, (Lt. Gov.) - do. 1701 - 1702
Lord Cornbury,
do.
1702 - 1708
Richard Ingolsby, (do.)
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1709 -
Gerardus Beekman, (Presidt.) do. 1710 - .
General Hunter,
do. 1710 - 1719 .
Peter Schuyler, (President)
do.
..
1719 - 1720
William Burnet, .
do.
1720 - 1728
John Montgomery,
. do. 1728 - 1731
Rip Van Dam, (President) William Crosby, . do.
do.
1731 - 1732
George Clark,
do.
.
1736 - 1743
George' Clinton, ·
do. ,
1743 - 1753
James Delancy, (Lieut. Gov.) do. Danvers Osborn, . do
·
1753 - 1755
Sir Charles Hardy, do.
.
1755 - 1757
James Delancy, (Lieut. Gov.) do. Cadwallader Colden, (Lt.Gov.) do.
1760 - 1762
Robert Monckten, . . do.
1762 - 1763
Cadwallader Colden, (Lt.Gov.) do.
1763 - 1765
.
· 1753 -
1757 - 1760 ·
1732 - 1736
Lord Lovelace,
do. 1705 - 1709
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HISTORY OF THE
Henry Moore,
from 1765 - 1770
John Earl, of Dunmore do. 1770 - 1771
William Tryon, do. 1771 - 1775
The Colonial government was suspended in May, 1775. From that time, to the twentieth of April, 1777, the state was governed by a provincial Congress, aided by town and county committees. General Nathaniel Woodhull was elected presi- dent of the Congress, in August 1775. The state government went into operation, after the adoption of the constitution, on the twentieth of April, 1777.
State Governors.
George Clinton,
from
1777 to 1795
John Jay,
do.
1795 - 1901
George Clinton,
do.
1801 - 1804
Morgan Lewis,_
do. 1804 - 1807
Daniel D. Tompkins
do. 1807 - 1817
John Taylor, (Lieut. G.) do.
1617
De Witt Clinton,
do. July 4, 1817 - 1822
Joseph C. Yates, . do. 1822 - 1824 ·
De Witt Clinton,
do. . 1824 - 1826
Joshua Pitcher, (Lieut. G.) from the death of Mr. Clinton, February ninth, 1828, to the first of January, 1829.
Martin Van Beuren, from the first of Jan- uary, 1829, to March, in the same year. Vacancy by resignation.
Enos Troop, the Lieutenant Governor, who succeeded Mr. Van Beuren, now admin- isters the government.
The following statement was furnished me by Mr. Camp- bell, Deputy Secretary of this state.
449
Statement of the Number of Votes given for Governor, in the State of New-York, since the year 1789, scattering votes excepted.
Year.
Persons voted for.
Votes for each.
Total No. of votes.
Majority.
17S9 1
George Clinton Robert Yates
6391
12353
329
5962
.
1792
George Clinton John Jay
8440
16772
108
1795
John Jay Robert Yates
13481
25373
1589
P.1798
John Jay Robert R. Livingston
16012
29644
2380
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George Clinton
2480S
45651
3965
Stephen Van Rensselaer
20843
1804
- Morgan Lewis Aaron Burr
30829
52968
8690
1807
Daniel D. Tompkins Morgan Lewis
35074 30989
66063
4085.
1810
Daniel D Tompkins Jonas Platt
43094 36481
79578
6610
1S13
Daniel D. Tompkins Stephen Van Rensselaer
43324
83042
3606
1816 -
Daniel D. Tompkins Rufus King
45412
84059
6765
1817
De Witt Clinton Peter B. Porter
43310
44789
1820
De Witt Clinton Daniel D. Tompkins
47447
93446
1457
1822 1
Joseph C. Yates Solomon Southwick
128493
131403 '
De Witt Clinton Samuel Young
103452
190545
16359
1826
De Witt Clinton William B. Rochester
99785
195820
3650
1S28
Martin Van Buren Smith Thompson Solomon Southwick
106414 33345
.
1824
87093
96135
1
136794
27653S
.
3971S
38647
1479
45990
2910
* The votes of the counties of Otsego, Tioga and Clinton, were not canvassed: VOL. III. 57
*8332
11892
13632
1801
22139
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HISTORY OF THE
From the organization of the State Government, in 1777 to 1789, George Clinton was elected Governor, without opposi- tion. No record has been kept of the number of votes he re- ceived.
. Remarks .- Mr. Southwick was the Anti-Masonic candidate. The Anti-Masonic party may be considered a new party, since there has been none of this name before in the state, or in the United States. The occasion which gave rise to this party, was the abduction of a man of the name of Morgan, who be- longed to the ancient fraternity of the holy brotherhood. This man, Morgan, it is alleged by some of the brotherhood, dis- closed the highly important secrets of masonry, which had always been concealed from the vulgar, and especially from the fair sex, whom, it is said, could never keep a secret, and noised them abroad. Now it so happened, that this highly important disclosure gave unspeakable displeasure to some of the weaker and more zealous members of the craft, who dwelt in the neigh- bourhood of Morgan. These held sundry nocturnal meetings, where it seems to have been resolved upon, after divers lucu- brations, to inflict exemplary punishment on the man Morgan. Disregarding, therefore, the laws of their country and the laws `of God, they seized Morgan in a clandestine manner, and carried him forcibly from place to place, as far as Niagara, where, it is verily believed, they violated the sixth command- ment, which saith, " Thou shalt not kill."
The abduction of Morgan has occasioned, and very justly, great excitement among the people in the western parts of this state. Hitherto, (and nearly three years have elapsed since the abduction,) no intelligence has been obtained in relation to the fate of this unfortunate man ; although the most unwearied researches have been made.
Such was the origin of the party called Anti-Masonic. And after all, nothing new was told. No new disclosures were made. The same secrets had been published on the other side of the great water, before Morgan was born ; and had been read and read, not only on that side, but on this, till they had be-
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451
STATE OF NEW-YORK.
come perfectly stale. Solomon says, " There is nothing new under the sun." The abducers, however, were of a contrary opinion. They firmly believed, that what was now communi- cated, had never been communicated before. They must needs make way with both Morgan, and his book of disclosures, other- wise the whole fabric of masonry would be razed to the ground. '] his course was the best imaginable to give importance to things which were indifferent in themselves, and which would have been forgotten before now, had they been let alone.
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Page 12 of contents, line 7, read posts instead of ports: ---- 13 do. line 24 from the top, instead of counties, read countries. -
-- 3, line 6 from the bottom, for prosecution read protection.
141 line S from the top, for " as the latter is of," read " as the latter is to that of."
- 258, line 13 from the top, for Van Schenick, read Van Schaick.
- 420, lines 5 and 18, read Saughdaghquada, for Saughdagh- quadu.
--- 435, line 18 from the top, read objects for object. This is the case with only a few sheets.
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5156
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