222 



NKW YORK. 



as the tuperior court of the city of New York, which 

 consists i if a chief justice and two associate justices, 

 and possesses an extensive civil jurisdiction ; the 

 maypr's courts and special justices' courts, in the 

 several cities ; and the justices' courts in the several 

 towns. These latter courts are held by justices of 

 the peace. Every town in the state has four of these 

 officers, and each of them has the power, with a few 

 exceptions, of trying civil suits where the amount 

 demanded does not exceed fifty dollars. They are 

 chosen by popular election, and hold their offices for 

 four years, but are so arranged in classes that one is 

 annually chosen in each town. The chancellor, 

 justices of the supreme court, and circuit judges are 

 appointed by the governor and senate, and hold their 

 offices during good behaviour, or until they shall at- 

 tain the age of sixty years. Judges of the county 

 courts, surrogates, and other local judicial officers 

 are appointed in the same manner, and for limited 

 periods, in no case exceeding five years, but may be 

 re-appointed. The constitution of this state not only 

 contains several of the safeguards usually inserted in 

 bills of rights, but has some provisions of a peculiar 

 character ; e. g. ; No minister of the gospel, or priest, 

 of any denomination whatsoever, can hold any civil or 

 military office ; all such inhabitants as, from scruples 

 of conscience are averse to bearing arms, are entitled 

 to be excused therefrom, on paying to the state an 

 equivalent in money; the assent of two-thirds of the 

 members elected to each branch of the legislature, is 

 requisite to every bill appropriating the public pro- 

 perty for local or private purposes, or creating, alter- 

 ing, or renew ing any corporation ; the inviolability 

 of the common school fund is perpetually secured ; 

 the lulls on the Erie and Champlain canals, the duties 

 on the manufacture of salt, and certain other items 

 of revenue, are inviolably appropriated to the pay- 

 ment of the canal debt, and until such payment shall 

 have been made, are incapable of reduction ; the 

 legislature are prohibited from disposing of these 

 canals, or the salt springs, or any part thereof ; and 

 whilst the right to draw such lotteries as had already 

 l>een provided for by law, is fully recognised, provision 

 is made to prevent additional grants of this nature. 



The common law of England, varied and modified 

 from time to time, by numerous acts of the colonial 

 and state legislatures, forms the basis of the juris- 

 prudence of New York ; and there is no one of the 

 United States, in which the judicial institutions and 

 the modes of legal proceeding, bear so close an 

 analogy to those of England. At the same time, 

 there is probably no state in the confederacy, which 

 has made greater efforts, by means of its statutory 

 regulations, to improve the English system, and to 

 adapt it, both in its principles and details, to the 

 institutions and habits of a free, intelligent, and 

 active population. There have been, since the 

 revolution, four several revisions of the statute laws 

 of the state, viz. in 1787, in 1801, in 1813, and in 

 1827 8. The revision in 1787 8 consisted of a 

 consolidation or re-enactment of various British and 

 colonial statutes, with numerous amendments in form 

 and substance ; that of 1801 was a re-enactment in 

 an amended form, of such of the former statutes as 

 had been varied by intermediate legislation, or that 

 seemed to require alteration ; and that of 1813 was 

 a work of the same character. But the revised 

 statutes of 1827 8 are substantially a new code of 

 statute law ; the various general provisions of the 

 former statutes having been written anew, in a more 

 concise and perspicuous phraseology, and the whole 

 work having been arranged in a systematic and 

 methodical order. Many alterations were made in 

 the substance of the former statutes ; in numerous 

 instances, the rules of the common law, with the 



view of rendering them belter known and mnrw 

 stable, were reduced to a written text, and inserted 

 in the statutes ; whilst in other cases those rules 

 were abolished or greatly modified, especially in 

 reference to the law of real estate, and to the prac- 

 tice in the courts. The enactment of this body of 

 statute law, which went into full operation on the 1st 

 of January, 1830, is, perhaps, one of the most impor- 

 tant events in the history of American jurispru- 

 dence. 



History. The territory now composing the state 

 of New York was comprehended in queen Elizabeth's 

 grant of the tract called Virginia, and in the grants 

 of North and South Virginia, made in 1606, by 

 James I. But no settlement was attempted in that 

 territory under either of those grants ; nor was this 

 part of the continent known to Europeans until Sep- 

 tember, 1609, when the river which bears his name, 

 and the islands at its mouth, were discovered by 

 Henry Hudson, an enterprising English navigator, 

 then in the service of the Dutch East India company. 

 After sailing up the river about 150 miles, he re- 

 turned to Europe, and made known to his employers 

 the result of his voyage. The Dutch immediately 

 commenced a trade with the natives of the country, 

 among whom were the powerful tribes afterwards 

 known as the Five, and still later as the Six Nations. 

 Trading establishments were soon formed by these 

 navigators, one at fort Orange (now Albany) as 

 early as 1613, and one on the island of Manhattan, 

 at New Amsterdam (now the city of New York), a 

 few years later. In 1614, the trade was confirmed 

 by the government of Holland to the West India 

 company, which, in 1621, was incorporated with a 

 grant of the exclusive right to trade in America, 

 &c., and with ample powers to establish and main- 

 tain settlements therein. Under this grant, the 

 company took possession of the territory discovered 

 by Hudson ; gave to it the name of New Nether- 

 lands ; and in 1623, commenced its colonization, 

 which was gradually continued, for about forty 

 years, under their auspices. During this period, the 

 affairs of the colony were managed by a governor or 

 director general and a council, who were appointed 

 by the company, and in whom all the legislative, 

 executive, and judicial powers were vested. In the 

 mean time, new discoveries were made, and the 

 Dutch claims extended to Connecticut river on the 

 east, and the Delaware on the south, in consequence 

 of which they were on both sides brought into colli- 

 sion with the English, who set up a title to the 

 whole coast. May 12, 1664, Charles II. made an 

 extensive grant to his brother, the duke of York and 

 Albany, which included within its bounds the colony 

 of New Netherlands. A small armament was soon 

 after fitted out in England, for the purpose of re- 

 ducing that colony. The vessels appeared in the 

 harbour of New Amsterdam, in August, 1664, and 

 on the 27th of that month, the fort and town of New 

 Amsterdam, and on the 24th of September, the gar- 

 rison at fort Orange, capitulated to colonel Richard 

 Nicolls, who had been appointed by the duke of 

 York, to take possession of the province in his 

 behalf, with the title and powers of deputy-governor. 

 The inhabitants thereupon submitted to his authority ; 

 the name of New Amsterdam was changed to New 

 York, which name was also extended to the whole 

 country ; and that of fort Orange was altered to 

 Albany. After this, the colony was in the hands of 

 a governor and council appointed by the duke of 

 York, until July 30, 1673, when the garrison of New 

 York surrendered to a squadron of Dutch ships, the 

 commanders of which appointed a governor and other 

 magistrates, who continued in authority until Feb- 

 ruary 9, 1674, when the territory was again surrea 



