An Historical Sketch of the Judiciary of the Province and State of New York Down to 1821 PDF Download
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Author: Jot Salisbury Waterman
Publisher:
ISBN:
Category :
Languages : en
Pages : 128
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Author: Jot Salisbury Waterman
Publisher:
ISBN:
Category :
Languages : en
Pages : 128
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Author: Charles Patrick Daly
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 96
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Author: Alden Chester
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 560
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Author: Alden Chester
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 420
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Author: Charles P. Daly
Publisher:
ISBN: 9781331314530
Category : Law
Languages : en
Pages : 76
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Excerpt from Historical Sketch of the Judicial Tribunals of New York: From 1623 to 1846 The late Mr. Graham, who published, in 1834, a work on the jurisdiction of our courts, merely copied what he found in Smith, arid went even so far as to assume that there was nothing remaining to show what courts existed among the Dutch, or that would shed any light upon the manner in which justice was administered by them. He appears to have relied upon the absence of any information in the pages of Smith, and to have made no investigation himself, for, on the contrary, the records of these early courts, in the Dutch language, from the first establishment of a regular and fixed judicial tribunal, until the close of the Dutch dynasty, have always remained in the city of New-York. It is nearly the same in respect to the first half century after the colony had passed into the hands of the English. All that has been known of the tribunals which then existed, is what has been furnished by Smith. But though his work was written nearly a century ago, and it might be supposed, as he was a lawyer by profession, that he would have taken some pains to investigate, his account, on the contrary, is not only very meagre, but grossly inaccurate. In respect to his own period, and for a quarter of a century before it, he was well informed; but in all that relates to a period anterior, bis history is of little or no value. Since his time, no attempt has been made thoroughly to investigate the subject. Indeed, without the aid of the documentary information, obtained by Mr. Brodhead from the state offices at Loudon and at the Hague, it would have been difficult to do so. The deposit, however, in the state department at Albany, of copies of the documents found by Mr. Brodhead, has supplied facts heretofore wanting, while the admirable arrangement and classification of the colonial manuscripts, by Dr. O'Callaghan, has enabled an investigator to get at sources of information which before were scarcely within his reach. To the latter gentleman the writer returns his acknowledgments for facilities afforded in inspecting these manuscripts, for much valuable information, and many useful hints in the course of his inquiries. The colony of New Netherland was planted by the West India Company, a commercial corporation of Holland. This corporation had obtained from the states general an exclusive charter or patent, to found colonies and carry on trade, navigation and commerce upon the coast of Africa, North America and the West Indies; and, for this purpose, was invested, among other things, with the most comprehensive judicial powers. It was exclusively entrusted with the administration of justice in the colonies it should establish, having the right to appoint governors, officers of justice, and all other public officers; to maintain order and police, and generally, in the language of the charter, to do all that the service of those countries might require. The government of this gigantic corporation was vested in five separate chambers, to one of which, the chamber of Amsterdam, was committed the management of the affairs of New Netherland, the general executive power of the whole body being entrusted to nineteen delegates, representing conjointly the separate chambers and the states general, and which was known by the appellation of the College of Nineteen. The colony of New Netherland was formally organized by May, the first director or governor appointed for it by the Amsterdam chamber, and a settlement was established at Manhattan, the present site of the city of New York, in 1623. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
Author: Charles Patrick Daly
Publisher: Palala Press
ISBN: 9781358277429
Category :
Languages : en
Pages :
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Alfred Billings Street
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 622
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Author: Charles P. (Charles Patrick) 1816 Daly
Publisher: Wentworth Press
ISBN: 9781363265244
Category : History
Languages : en
Pages : 74
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Joanne Barker (Ph. D. in history)
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 0
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From its first constitution adopted in 1777 in the midst of the Revolutionary War to the constitution adopted in 1846, New York State’s elected officials argued about the structure and role of the judiciary in state government and its application of the rule of law. Two constitutional conventions held in 1821 and in 1846 each produced a constitution that substantially reorganized the state judiciary. The delegates to these conventions debated whatroles of the courts, the judges, and the legal profession and the rules of law that they appliedwould be appropriate to a republican form of government. These debates provide windows into the prevailing concerns and the changing attitudes toward the role of the judiciary and its appropriate political structure. The convention debates demonstrate that the arguments over fundamental principles, such as democratic control over the judiciary, the right of the majority to control each branch of government, and appropriate access of men of all social classes to the legal profession continued in New York State until the middle of the nineteenth century. The debates provide evidence that while some American political principles, such as separation of powers, were quickly adopted, the tension between the republican ideology that prevailed at the time of the first 1777 constitution and the more modern political theory, embodied the United States Constitution ratified in 1788 to 1789, of checks and balances, an independent judiciary, and limitations on the right of the majority to decide all aspects of public policy continued through the middle of the nineteenth century. Historians who contend that these debates were resolved in the 1780s or even the early nineteenth century underestimate the continuing nature of the struggles regarding the judiciary and the continued perceived need by the representatives of the public to assert the rights of the majority in response to a perceived “aristocracy” that attempted to control the judiciary and thus substantial government actions. The debates also show the growth of the legal profession and its increasing professionalization and solidarity, which moderated attempts to make the court system and legal rules simpler and more readily accessible to the general public. Forms and process were simplified in response to this pressure. However, major changes were defeated. The application of the common law was preserved and the courts and the legal profession retained control over admission to the practice of law and the available methods to resolve disputes. New York State, in 1846, implemented a system in which most judges were elected. This responded to and satisfied the demand that judges be held responsible to the voters. This completed efforts to make the judicial system more democratic, and an elected Court of Appeals, the highest court in New York, survived until the latter half of the twentieth century, when Court of Appeals judges were made appointive. It also allowed the courts to apply both the common law and the rules of equity in unified proceedings and blended the former court of chancery into the existing common law courts, creating a more stream-lined system. The elimination of the court of chancery removed one of the few remaining institutions that had operated during New York’s colonial period. The only judicial institution inherited from the British judicial system that was retained was the system of justices of the peace, which still are part of the New York judiciary.
Author: New York (State). Court of Appeals
Publisher:
ISBN:
Category : Court records
Languages : en
Pages : 144
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