Antebellum, Civil War, and Reconstruction New York

Civil War Era Header

In a time of rapid growth and development, the judicial system that New York had inherited from the English, with its separate courts of common law and equity, proved frustratingly slow and expensive. A new Constitution adopted in 1846 merged common law and equity jurisdictions into a single court system and instituted a new court of final appeal, the New York Court of Appeals. The mid-19th century saw the continued development of canals and railways and this new infrastructure created new legal issues to be resolved by the courts. The plight of tenant farmers subject to colonial manorial tenure continued to roil the Hudson and Mohawk valleys, and led to two major cases before the Court of Appeals. By mid-century, a decade long court struggle against the State of Virginia had emerged in the form of the Lemmon Slave Case. The courts also dealt with issues arising from the Civil War, including the suspension of habeas corpus and the implementation of the military draft. The status of lands owned by Native Americans was resolved by two cases decided in the New York Court of Appeals and the Supreme Court of the United States.

A New Judicial System

Commentary on the 1846 Constitution Courtesy New York State Library

Judiciary Act 1847

The Field Code

Chester A. Arthur The Lemmon Slave Case

Judges of the Era

Judges of the Court of Appeals

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Ex-Officio Judges of the Court of Appeals

Augustus Cincinnatus Hand

1855
1803-1878 Augustus Cincinnatus Hand served in 1855. Born in Shoreham, Vt., Sep. 4, 1803, attended Litchfield Law School. Served as ...

Richard Pratt Marvin

1855, 1863
1803-1892 Richard Pratt Marvin served in 1855, 1863. Born in Fairfield, Herkimer County, N.Y., Dec. 23, 1803, a descendant of ...

Frederick William Hubbard

1856
1815-1882 Frederick William Hubbard served in 1856. Born in the hamlet of Champion, Jefferson County, N.Y., on Jun. 11, 1815, ...

William Mitchell

1856
1801-1886 William Mitchell served in 1856. Born in New York City on Feb. 24, 1801. Columbia College graduate, 1820. Master ...

Levi F. Bowen

1857
1808-1889 Levi F. Bowen served in 1857. Born Nov. 11, 1808, in Homer, Cortland County, N.Y. Judge of Common Pleas, ...

John W. Brown

1857; 1865
1796-1875 John W. Brown served in 1857, 1865. Born in Dundee, Scotland, Oct. 11, 1796. Emigrated to United States in ...

Other Notable Judges

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Important Figures

New York Attorneys General 1847-1869

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District Attorneys, 1847-1869

 

Notable Attorneys

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Important Cases

Anti-Rent Movement

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Civil Rights

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Seneca Tonawanda

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Anti-Slavery (Abolitionists)

The Lemmon Slave Case (Judicial Notice Article)

The Lemmon Slave Case (Documentary & Exhibit)

Superior Court Decision

Supreme Court Decision

Court of Appeals Decision

Civil War

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Commerce and Technology

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Criminal Law

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Class Tension (Astor Place Riots)

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Tammany Corruption

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Famous & Sensational Cases

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Courts of the Era

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Further Resources

The Judges of the New York Court of Appeals: A Biographical History. Edited by Albert M. Rosenblatt. (2007).

The New York Court of Appeals. There Shall Be a Court of Appeals

Francis Bergan. The History of the New York Court of Appeals, 1847-1932. (1985).

Charles Z. Lincoln. The Constitutional History of New York from the Beginning of the Colonial Period to the Year 1905, Showing the Origin, Development, and Judicial Construction of the Constitution: Volume 2, 1822-1894. (1905). Available digitally at the New York State Library.

Alden Chester, E. Melvin Williams. Courts and Lawyers of New York: A History, 1609-1925, 3 volumes (1925). Henry Wilson Scott. The Courts of the State of New York: Their History, Development and Jurisdiction (1909).

American Civil War Digital Collection (New York State Library)

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