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“But How Are Their Decisions to Be Known?” 1 Johnson’S Reports Iv
★ ★ ★ ★ ★ ★ “But how are their decisions to be known?” 1 Johnson’s Reports iv CELEBRATING 200 Years of New York State Official Law Reporting “But how are their decisions to be known?” “ We must look . to our own courts, for those precedents which have the binding force of authority and law. But how are their decisions to be known? Must they float in the memories of those by whom they are pronounced, and the law, instead of being a fixed and uniform rule of action, be thus subject to perpetual fluctuation and change? No man doubts of the propriety or necessity of publishing the acts of the legislature. As the rights and interests of every individual may be equally affected by the decisions of our courts, one would naturally imagine, that it would be equally a matter of public concern, that they should be made known in some authentic manner to the community.” 1 Johnson’s Reports iv-v NEW YORK STATE ANNIVERSARY BOOKLET LAW REPORTING BUREAU COMMITTEE One Commerce Plaza, Suite 1750 Charles A. Ashe Albany, N.Y. 12210 (518) 474-8211 Maureen L. Clements www.courts.state.ny.us/reporter William J. Hooks Gary D. Spivey State Reporter Katherine D. LaBoda Charles A. Ashe Chilton B. Latham Deputy State Reporter John W. Lesniak William J. Hooks Cynthia McCormick Assistant State Reporter Michael S. Moran Production of this booklet coordinated by: Gail A. Nassif Michael S. Moran Katherine D. LaBoda Gayle M. Palmer Graphic design by: Gary D. Spivey Jeanne Otto of West, a Thomson Company On the Cover: The “Old Hun Building,” on the left, 25 North Pearl St., Albany, N.Y. -
Henry Rogers Selden
HENRY ROGERS SELDEN COURT OF APPEALS, 1862‐1864 Frances Murray† Please see Albert M. Rosenblatt’s New York Court of Appeals on page 467 for a useful introduction. –The Editors ESCRIBED BY A CONTEMPORARY HISTORIAN1 as one of the most able and accomplished judges of the New York Court of Appeals, Henry R. Selden was distantly related to the noted English scholar, lawyer, and Dmember of the Long Parliament, John Selden (1584-1654).2 Henry Rogers Selden, the third son of Calvin Selden and Phoebe Ely Sel- † Frances Murray is the Chief Legal Reference Attorney at the New York Court of Appeals. This article originally appeared in THE JUDGES OF THE NEW YORK COURT OF APPEALS: A BIOGRAPHICAL HISTORY (Albert M. Rosenblatt ed., Fordham University Press 2007), at pages 84-92. Copyright © 2007 The Historical Society of the Courts of the State of New York. It is reproduced with the permission of The Historical Society of the Courts of the State of New York. Any other use of this material is strictly prohibited. 1 Sylvester, Nathaniel B. History of Saratoga County, N.Y. (Philadelphia. Everts & Ensign 1878) and Proctor, Lucien B. The Bench and Bar of New York (Diossy & Co., 1870). 2 In 1877, in his honor, the Selden Society was founded to encourage the study and advance the knowledge of the history of English law. It still flourishes, and a Sel- den Society has been formed in America. 11 GREEN BAG 2D 443 Frances Murray den, was born at Tiffany Farm in North Lyme, Connecticut, on October 14, 1805. -
The Rededication of Court of Appeals Hall
The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" The Rededication of COURT OF APPEALS HALL Albany, New York October Fifth, 1959 The Historical Society of the Courts of the State of New York New York State Judicial Institute 84 North Broadway, White Plains, NY 10603 phone: (914) 682-3222 The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" IN THE RESTORATION and modernization of Court of Appeals Hall, formerly the old State Hall, erected in 1842, and occupied by the Court since January 8, 1917, we have had the utmost co-operation and the devoted services of many persons in public and private life. We are especially grateful to Governor Nelson A. Rockefeller, former Governor Averell Harriman, the members of our State Legislature, the Attorney General, the State Comptroller, the Directors of the Budget, the Superintendents of Public Works and their staffs, the State Architect, the Appellate Division of the Third Department, the Mayor of Albany and his Commissioners, the consulting architects, the general contractor, the subcontractors, and the many skilled craftsmen and co-workers. The restoration of this 117 year old building to its original architectural beauty, and its modernization to cope with the business of the Court, will aid in serving the cause of justice for many years, and Court of Appeals Hall will be a monument to which not only the People of Albany but those of our Empire State may point with pride. CHIEF JUDGE The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" COURT OF APPEALS HALL TODAY The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" Rededication Presiding HON. -
1806-1906. Biographical Sketches of the Madison County Bench
.&" .''5: s>\ m,^.. >p-^^. -^o *"& • . ,( -^ <^ 'o » * .* ^^.- V * '.vw* ^^^'S- •^^ '>> <^ s oV'^ ^oV" ,^C) ^-/ ^^^ .' ^0 \^ V Biographical Sketches OF THE Madison County Bench and Bar AN ADDRESS BY B. FITCH TOMPKINS, ESQ. (Clerk oi the Surrogate's Court) Delivered before the Madison County Historical Society at the Court House in Wampsville April 19, 1911 Published by the Madison County Historical Society Oneida. New York, 1911 l\/i ' 1911 THE ONEIDA DISPATCH PRESS ONEIDA. NEW YORK Otft .h® Soeldf 7 0EC1912 INTRODUCTION This little booklet contains an interesting address by B. Fitch Tompkins, Esq., Clerk of the Surrogate's Court of Madison County, delivered before the Madison County Historical Society April 19, 1 9 1 1 , at the Court House in Wampsville. It was prepared by the author with much care, research of records and painstaking, with a view of being thoroughly reliable and correcting several errors of historical importance, among other things adding an honor- able name to the chain of Madison County judges, strange- ly enough overlooked by other local historians. The ad- dress is a most valuable acquisition. It has been kindly donated to the Society by Mr. Tompkins, himself an hon- ored member. SAMUEL A. MAXON, Secretary Forew^ord It; Ml'. President and Members of the Historical Society: I think I ought to apologize for not before attending a meeting of the Society, although a member for some years. I know some apology is needed for this appearance, for though I realize that it is my misfortune I did not attend before, it is prob- ably yours that I did this time. -
Petitioners, V
No. 12- IN THE Supreme Court of the United States MADISON COUNTY AND ONEIDA COUNTY, NEW YORK, Petitioners, v. ONEIDA INDIAN NATION OF NEW YORK, Respondent. STOCKBRIDGE-MUNSEE COMMUNITY, BAND OF MOHICAN INDIANS, Putative Intervenor. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PETITION FOR A WRIT OF CERTIORARI S. JOHN CAMPANIE DAVID M. SCHRAVER Madison County Attorney Counsel of Record P.O. Box 635 DAVID H. TENNANT Wampsville, New York 13163 ERIK A. GOERGEN (315) 366-2203 NIXON PEABODY LLP 1300 Clinton Square GREGORY J. AMOROSO Rochester, New York 14604 Oneida County Attorney (585) 263-1000 HARRIS J. SAMUELS, of Counsel dschraver@ County Offi ce Building nixonpeabody.com 800 Park Avenue Utica, New York 13501 (315) 798-5910 244440 A (800) 274-3321 • (800) 359-6859 i QUESTION PRESENTED Does the 300,000-acre ancient Oneida reservation in New York still exist, neither disestablished nor diminished, despite (1) the federal government’s actions taken in furtherance of disestablishment (including, but not limited to, the 1838 Treaty of Buffalo Creek); (2) this Court’s holding in City of Sherrill v. Oneida Indian Nation of New York, 544 U.S. 197, 214 (2005) (“Sherrill”) that the Oneida Indian Nation of New York cannot exercise sovereignty over lands it purchases in the ancient reservation area; and (3) this Court’s fi nding in that case that land in the ancient reservation area has not been treated as an Indian reservation by the federal, state or local governments for nearly two centuries?* *This Court twice previously granted petitions for certiorari in which the Oneida reservation disestablishment / diminishment question was framed as: “Whether the ancient Oneida reservation in New York was disestablished or diminished?” Madison County v. -
Vol. 12 No. 2 (2021)
UNBOUND A Review of Legal History and Rare Books Journal of the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries Volume 12 Number 2 Winter/Spring 2021 UNBOUND A Review of Legal History and Rare Books Unbound: A Review of Legal History and Rare Books (previously published as Unbound: An Annual Review of Legal History and Rare Books) is published by the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries. Articles on legal history and rare books are both welcomed and en- couraged. Contributors need not be members of the Legal History and Rare Books Special Interest Section of the American Associa- tion of Law Libraries. Citation should follow any commonly-used citation guide. Cover Illustration: This depiction of an American Bison, en- graved by David Humphreys, was first published in Hughes Ken- tucky Reports (1803). It was adopted as the symbol of the Legal History and Rare Books Special Interest Section in 2007. BOARD OF EDITORS Mark Podvia, Editor-in-Chief Emeritus Faculty, The Pennsylvania State University 502 Watson Drive Maidsville, WV 26541 Phone: (717)226-8317 Email: [email protected] Noelle M. Sinclair, Executive Editor Head of Special Collections The University of Iowa College of Law 328 Boyd Law Building Iowa City, IA 52242 Phone (319)335-9002 [email protected] Kurt X. Metzmeier, Articles Editor Associate Director University of Louisville Law Library Belknap Campus, 2301 S. Third Louisville, KY 40292 Phone (502)852-6082 [email protected] Christine Anne George, Articles Editor Assistant Director for Faculty & Scholarly Services Dr. -
Building an Antislavery House: Political Abolitionists and the U.S
Building an Antislavery House: Political Abolitionists and the U.S. Congress By Corey Michael Brooks A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in History in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Robin L. Einhorn, Chair Professor David M. Henkin Professor Eric Schickler Fall 2010 Building an Antislavery House: Political Abolitionists and the U.S. Congress © 2010 By Corey Michael Brooks 1 Abstract Building an Antislavery House: Political Abolitionists and the U.S. Congress by Corey Michael Brooks Doctor of Philosophy in History University of California, Berkeley Professor Robin L. Einhorn, Chair This dissertation reintegrates abolitionism into the main currents of U.S. political history. Because of a bifurcation between studies of the American antislavery movement and political histories of the sectional conflict, modern scholars have drastically underestimated the significance of abolitionist political activism. Historians often characterize political abolitionists as naïve idealists or separatist moral purists, but I recast them as practical, effective politicians, who capitalized on rare openings in American political institutions to achieve outsized influence in the face of a robust two-party system. Third-party abolitionists shaped national debate far beyond their numbers and played central roles in the emergence of the Republican Party. Over the second half of the 1830s, political abolitionists devised the Slave Power concept, claiming that slaveholder control of the federal government endangered American democracy; this would later become the Republicans‘ most important appeal. Integrating this argument with an institutional analysis of the Second Party System, antislavery activists assailed the Whigs and Democrats—cross-sectional parties that incorporated antislavery voices while supporting proslavery policies—as beholden to the Slave Power. -
Petition for Cert
No. ______ IN THE Supreme Courtd of the United States MELVIN L. PHILLIPS, SR., individually and as trustee, MELVIN L. PHILLIPS, SR., ORCHARD PARTY, Petitioners, —v.— ONEIDA INDIAN NATION, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PETITION FOR WRIT OF CERTIORARI WOODRUFF L. CARROLL Counsel of Record WOODRUFF LEE CARROLL P.C. 334 Nottingham Road Syracuse, New York 13210 (315) 474-5356 [email protected] Attorney for Petitioner i QUESTIONS FOR REVIEW JURISDICTION Can the federal court exercise jurisdiction over this case when the land is listed on a tax map and the tax rolls in the name of New York State? If New York is involved is there jurisdiction in the federal courts? Is the State of New York a necessary party because it is listed in the tax roles and the tax map as having an interest in the land? Should there have been discovery to determine the role of New York State regarding this land? CENTRAL ISSUES Can the Oneida Indian Nation set aside a deed of the Orchard Party/Marble Hill Oneida (otherwise known as Orchard Hill Oneidas) land by the designated head of the Orchard Party, Melvin Phillips when he is placing these Lands in trust for the benefit of the residents of the Marble Hill and the Orchard Party? Has this land been under the control of the Orchard Party since the filing of the map at 111a of the appendix in 1842? Does the Oneida Indian Nation have any interest in this land? Has federal recognition of this parcel as Orchard Party land this been -
Construction, Restoration & Renovation
Court of Appeals Hall Construction, Restoration & Renovation 1842 - 2004 COURT OF APPEALS HALL: ITS HISTORY Initial Construction New York State's Judiciary has been linked to this classic Greek Revival building -- initially called New State Hall, now known as Court of Appeals Hall -- since the structure was first planned in the early nineteenth century. Located at the corner of State and Lodge Streets, Old State Hall was New York's first public building erected in Albany after the Revolutionary War. By 1833, concerns were raised that Old State Hall was not fireproof, and could no longer adequately meet the needs of the growing State. The Legislature directed the Capitol Trustees to purchase a site and erect a new State Hall with "suitable public offices." The Trustees chose a site on Academy Square, overlooking Academy Park and the Hudson River, a site we today know as 20 Eagle Street. The following year, the Legislature resolved that the new State Hall should be constructed of marble quarried at the State prison at Mount Pleasant (now known as Sing Sing). Albany's foremost architect at the time, Henry Rector, was appointed to the project and, in 1835, plans and estimates were submitted to the Legislature. To render the whole building fireproof, ceilings would be constructed of brick arches in place of wood. A hemispherical dome, forty feet in diameter, with a windowed sash, would light the rotunda and its second and third floor galleries. A stone staircase, starting in the main entrance hall and ending on the third floor, would cantilever from the wall with no visible means of support -- an engineering marvel! The formal assignment of rooms in New State Hall included offices for the Chancellor, the Register of Chancery and the State Supreme Court. -
Table Linen, Hosiery and a Floor, Directly of Taylor, Mr. Kellogg Was Years
172 "GRIP'S" HISTORICAL SOUVENIR OF CORTLAND. pied with a stock of linoleums and oilcloths, and the rear with carpets, draperies and mattings. On the second floor, directly over the store, are the window shades and hosiery department and the surplus stock room. The basement is used for underwear, cotton batting, carpet warp, etc. Mr. Kellogg was born in the town of Taylor, Cortland county, Dec. 12, 1849, and was a pupil in the Cincinnatus academy. On March 1, 1870, he was married to Rosa Dell Gladding, and on June 1, 1871, they moved to Kansas, where Mr. Kellogg took up a claim and followed agricul ture until 1874, when he returned to Taylor and in company with Albert Clark went into mer cantile pursuit, the two opening a general store under the firm name of Kellogg & Clark. In the spring of 1884 they sold out, and at the elec tion in the fall of that year Mr. Kellogg was elected county treasurer for the term of three years, beginning Jan. 1, 1885. He moved to Cort land and engaged as a clerk with Rockwell Bros., who were then in the dry goods business in Mr. Kellogg's present store, making that place the county treasurer's office. At the end of his term he spent a year as treasurer of the Cortland Cor Hyatt, Photo. J. B. KELLOGG. set Co., and the following year as their traveling salesman. He severed his connection with that was in Warren Co., i89i-'93, and spent 1896 in to go into business with Mr. -
Romine Final Final Dissertation
“Into the Mainstream and Oblivion”: Julian Mayfield's Black Radical Tradition, 1948–1984 by David Tyroler Romine Department of History Duke University Date:_______________________ Approved: ___________________________ Adriane Lentz-Smith, Supervisor ___________________________ Sarah Deutsch ___________________________ Ronald Williams II ___________________________ Timothy Tyson ___________________________ William Chafe Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the Graduate School of Duke University 2018 ABSTRACT “Into the Mainstream and Oblivion”: Julian Mayfield's Black Radical Tradition, 1948-1984 by David Tyroler Romine Department of History Duke University Date:_______________________ Approved: ___________________________ Adriane Lentz-Smith, Supervisor ___________________________ Sarah Deutsch ___________________________ Ronald Williams II ___________________________ Timothy Tyson ___________________________ William Chafe An abstract of a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of History in the Graduate School of Duke University 2018 Copyright by David Tyroler Romine 2018 Abstract “Into the Mainstream and Oblivion” is a study of the intellectual and political biography of the African American writer and political activist Julian Hudson Mayfield. As a member of the black Left, Mayfield’s life of activism and art bring the complex network of artists, activists, -
NPS Martin Van Buren Cover.Qxp 9/6/2006 10:56 AM Page 1
NPS Martin Van Buren Cover.qxp 9/6/2006 10:56 AM Page 1 National Park Service U.S. Department of the Interior History Program Northeast Region A RETURN TO HIS NATIVE TOWN MARTIN VAN BUREN’S LIFE AT LINDENWALD, 1839-1862 MARTIN VAN BUREN NATIONAL HISTORIC SITE HISTORIC RESOURCE STUDY A RETURN TO HIS NATIVE TOWN Photograph of Martin Van Buren, ca. 1855-1862, Library of Congress. A RETURN TO HIS NATIVE TOWN Martin Van Buren’s Life at Lindenwald, 1839-1862 A Historic Resource Study by Leonard L. Richards Marla R. Miller Erik Gilg Prepared under cooperative agreement with University of Massachusetts, Amherst *********** Reports of a Site Review, November 17-19, 2005, by Sean Wilentz, Reeve Huston, and Jonathan Earle undertaken in cooperation with the Organization of American Historians National Park Service U. S. Department of the Interior Printed August 2006 Table of Contents List of Illustrations.......................................................................................................... vii Foreword........................................................................................................................... ix Document Approval Page................................................................................................ xi Introduction........................................................................................................................1 A Return to His Native Town Chapter One Martin Van Buren and Contemporary Historical Scholarship .....................................11 Chapter Two Lindenwald,