Imágenes de páginas
PDF
EPUB

it is said, of Daniel Horsmanden having been continued in office as Chief Justice, notwithstanding his advanced age and growing infirmities.

The Constitution also declared that the judges should not hold any other office excepting that of delegate to the General Congress, on special occasions. If, however, they should be appointed or elected to any other office, except as before mentioned, it should be at their option in which to serve.

This provision carried out a resolution of the General Assembly, adopted unanimously May 17, 1769, that no Judge of the Supreme Court should in future have a seat as a Member of that body.

Consequently, in the following November, Robert R. Livingston (father of the Chancellor), then one of the Supreme Court Justices, and who held a seat in the General Assembly, was declared disqualified. In the succeeding December, he was reëlected and again voted disqualified. In 1770 he was once more elected, and on the 25th January, 1771, again ousted. In 1772 he was excluded for the fourth time, after which he relinquished the

contest.

Between 1777 and 1821, the following were the Chief Justices, viz.:

6

6

John Jay, Richard Morris, Robert Yates, John Lansing, Jr.,' Morgan Lewis, James Kent, Smith Thompson," and Ambrose Spencer.

Between the same periods, the following were the Associate Justices, viz.:

1 Appointed by Convention of Representatives, May 8, 1777, and commissioned by Council of Appointment, October 17, 1777.

2 Appointed by Council of Appointment, October 23, 1779, in place of Jay, appointed Minister to Spain.

3 Appointed September 28, 1790, in place of Morris, resigned, having attained the age of sixty.

4 Appointed February 15, 1798, in place of Yates, resigned, having arrived at the age of sixty.

5 Appointed October 28, 1801, in place of Lansing, appointed Chancellor.

• Appointed July 2, 1804, in place of Lewis, elected Governor.

* Appointed February 23, 1814, in place of Kent, appointed Chancellor.

* Appointed February 9, 1819, in place of Thompson, resigned.

Robert Yates, John Sloss Hobart, John Lansing, Jr., Morgan Lewis, Egbert Benson, James Kent, John Cozine, Jacob Radcliff, Brockholst Livingston, Smith Thompson," Ambrose Spencer," Daniel D. Tompkins," William W. Van Ness," Joseph C. Yates," Jonas Platt, John Woodworth."

During the same period, the following were the AttorneyGenerals.

Egbert Benson," Richard Varick," Aaron Burr," Morgan Lewis, 20 Nathaniel Lawrence," Josiah Ogden Hoffman," Ambrose Spencer, " John Woodworth," Matthias B. Hildreth," Abraham Van Vechten, 26 Thomas Addis Emmett, Martin Van Buren, Thomas J. Oakley, Samuel A. Talcott.

1 Appointed by Convention of Representatives, May 8, 1777, and commissioned by Council of Appointment, October 17, 1777.

* Appointed by Convention of Representatives, May 8, 1777, and commissioned by Council of Appointment, October 17, 1777.

3 Appointed September 28, 1790, in place of Yates, appointed Chief Justice.

4 Appointed December 24, 1792, Third Associate Justice.

5 Appointed January 29, 1794, Fourth Associate Justice.

• Appointed February 6, 1798, in place of Lansing, appointed Chief Justice.

* Appointed August 9, 1798, in place of Hobart, resigned, having arrived at

the age of sixty.

8 Appointed December 27, 1798, in place of Cozine, deceased.

• Appointed January 8, 1802, in place of Lewis, appointed Chief Justice.

10 Appointed January 8, 1802, in place of Benson, appointed Judge of United

States District Court.

11 Appointed February 3, 1804, in place of Radcliff, resigned.

12 Appointed July 2, 1804, in place of Kent, appointed Chief Justice

13 Appointed June 9, 1807, in place of Tompkins, elected Governor.

14 Appointed February 8, 1808, in place of Livingston, appointed a Justice of United States Supreme Court.

15 Appointed February 23, 1814, in place of Thompson, appointed Chief Justice.

16 Appointed March 27, 1819, in place of Spencer, appointed Chief Justice. 17 Appointed by Convention of Representatives, May 8, 1777, and commis

sioned by Council of Apportionment, January 15, 1778.

18 Appointed May 14, 1789.

19 Appointed September 29, 1789.

20 Appointed November 8, 1791.

21 Appointed December 24, 1792.

22 Appointed November 13, 1795.

23 Appointed February 3, 1802.

24 Appointed February 3, 1804.

25 Appointed March 18, 1808, reappointed February 1, 1811.

26 Appointed February 2, 1810, reappointed February 13, 1813.

3

The Constitution of 1821 made an organic change in the Supreme Court. It reduced the number of judges to a Chief Justice and two Associate Justices. They sat four times a year, in review

of decisions made at the Circuit and for the determination of questions of law. In 1823 it was directed that the terms of the court

be on the third Mondays of February and October, and first Mondays of May and August; the May term to be in the city of New York, the August term at Utica, and February and October terms at Albany; the several terms to continue from the commencement, every day, except Sunday, until and including the fourth Saturday; no process, however, to be tested or made returnable in the third or fourth week. All records and proceedings were, as heretofore, to be before the justices of the people of the Supreme Court of Judicature of the same people.

These terms were subsequently altered as follows, viz.: On the first Mondays of January, May and July, and third Monday of October; the January and October terms in each year to be at the Capitol, in the city of Albany, the May term at the City Hall, in the city of New York, and the July term at the Academy, in the city of Utica. These terms were continued from the commencement, until and including the fifth Saturday, but no argument was to be heard during the fifth week, unless by the consent of parties or their counsel; and each term, so far as respected the issuing, teste and return of process, except subpoenas, attachments and writs of habeas corpus, ended on the second Saturday after the

commencement.

In 1841 the October terms were changed from Albany to Rochester, and the clerk, residing at Geneva, was directed to reside at that place.

It was also required that some or one of the justices should sit at the Capitol, in Albany, to decide such non-enumerated business as should arise in said court, except such as the said justices should by rule direct to be heard in term time.

All process was to be tested in the name of the Chief Justice, or if there be none, in that of any justice of the court.

1 Appointed August 12, 1812.

3 Appointed July 8, 1819.

2 Appointed February 17, 1815.

4 Appointed February 12, 1821.

The court had power from time to time, by general rules, to establish, modify, alter and amend its practice in cases not provided for by statute, and were directed every seven years to revise said rules with regard to the abolishment of fictitious and unnecessary process and proceedings; the simplifying of pleadings and proceedings; expediting the decision of causes; the diminishing of costs and the remedying of abuses and imperfections in the practice.

The judges of the Supreme Court were appointed by the Governor, with the advice of the Senate, in consequence of the Council of Appointment having been abolished by the Constitution of 1821. They held their offices during good behavior, or until they attained the age of sixty, and could be removed by joint resolution of the Legislature, concurred in by two-thirds of the Assembly and a majority of the Senate. They could hold no other office, were exempted from military duty, could receive no fees or perquisites of office, could not sit as judges in causes in which they were parties, or interested by consanguinity or affinity, or any other way, or in any appellate court decide or take part in the decision of any matter decided by them in any other court, or practice as attorneys or counselors in any court of which they were judges, except in suits in which they were parties or interested, or have a partner practicing in a court of which they were judges, or be interested directly or indirectly in the costs of any suit in any court of which they were judges, except where they were parties or interested.

The judges were likewise made members of the Court for the Trial of Impeachments and the Correction of Errors.

In addition to the offices of clerks of the court held in the cities of New York, Albany and Utica, an office in 1829 was established and a clerk appointed at Canandaigua. In 1830 the clerk was directed to remove his office to Geneva, where, in 1831, he was established until 1841.

There was a seal of the court in the keeping of each of the said clerks.

The clerks were appointed by the justices of the court, and held their offices for three years, unless sooner removed by those appointing them.

Each clerk was directed to appoint a deputy, who should perform the duties of the clerk during the absence or inability of the latter, or in case a vacancy occurred in his office.

The justices were empowered to direct, from time to time, the removal of any papers in a cause from one clerk's office to another.

The reporter of the court, who was also the reporter of the Court for the Trial of Impeachments and the Correction of Errors, and called the State Reporter, was appointed by the Lieutenant-Governor, the Chancellor and Chief Justice of the Supreme Court, and held his office during their pleasure. He was required to be, at the time of his appointment, a counselor at law or in chancery, of at least five years standing.

From 1823, the annual salary of the judges was $2,000 each. In 1835 it was raised by act to $2,500 per annum each, which amount, in 1839, was increased permanently to $3,000. The act of 1835 abolished the compensation to the judges for travel and attendance as members of the Court of Errors.

For the trial of issues joined in the Supreme Court, eight Circuit Judges were appointed, one from each of the eight Circuit Districts into which the State was divided, corresponding with the eight Senate Districts.

Each of these Circuit Judges possessed the powers of a justice of the Supreme Court at chambers.

Two Circuit Courts, at least, were held in each year, in every county of the State separately organized, except in the city and county of New York, where there were four.

Each Circuit Judge appointed the times and places of holding the Circuit Courts, within his circuit, for the period of two years; and the said courts were held as many days as the judge holding the same deemed necessary.

The said Circuit Courts had power to try all such issues, and take all such inquests by default or otherwise, as were to be tried or taken in the said courts; to record all nonsuits and defaults before them, and to return all proceedings had before them into the Supreme Court, or the court directing the same.

Each justice of the Supreme Court as well as the Circuit Judges, had power to hold any Circuit Court, either for the

« AnteriorContinuar »