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

Theron Rudd Strong

1858
1802-1873 Theron Rudd Strong served in 1858. Born in Salisbury, Conn., Nov. 7, 1802. District attorney, Wayne County, 1835-1839. Representative ...

Gilbert Dean

1858
1819-1870 Gilbert Dean served in 1858. Born in Pleasant Valley, Dutchess County, N.Y. Aug. 14, 1819. Graduated from Yale, 1841, ...

Cornelius Lansing Allen

1859
1800-1878 Cornelius Lansing Allen served in 1859. Born in Lansingburg, Rensselaer County, Jul. 17, 1800. Elected supreme court justice, fourth ...

William Johnson Bacon

1860
1803-1889 William Johnson Bacon served in 1860, 1868. Born in Williamstown, Mass., Feb 18, 1803. Graduate of Hamilton College, 1822; ...

Thomas W. Clerke

1860; 1868
1800-1885 Thomas W. Clerke served in 1860, 1868. Born in 1800 in Ireland. Was qualified to become a solicitor of ...

Amaziah Bailey James

1861, 1869
1812-1883 Amaziah Bailey James served in 1861, 1869. Born in Stephentown, Rensselaer County, N.Y., Jul. 1, 1812. Admitted to practice ...

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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