Exhibits: New York Supreme Court in the Era of the American Revolution: Establishing and Protecting New York's Independent Government 1777-1779

The Supreme Court of Judicature was established in 1691 as a court of general civil and criminal jurisdiction. Reorganized in 1847, the court continues today as the state’s principal trial court, holding terms in every county. The Supreme Court’s Appellate Division determines most appeals from the trial courts, though in some cases a further appeal may go to the Court of Appeals, the state’s court of last resort.
 
The Supreme Court’s minute books for the period 1691-1847 contain a wealth of information about judicial business during the colonial, revolutionary, and early statehood eras. The minutes record court proceedings relating to thousands of civil cases involving debts, contracts, injuries, and real property. There are also records of numerous criminal proceedings, including grand jury indictment, trial, and conviction or acquittal. The minute books contain especially important information about New York during the American Revolution. They document the admission and law practice of attorneys who were active supporters of the patriot cause, such as John Jay, who began to practice before the war and Alexander Hamilton, who was admitted after the war. The minute books also include numerous proceedings in the new state Supreme Court against Loyalists, whose property was then forfeited to the state and sold. The minutes also document both naturalizations and the proving of wills. This collection possesses great informational and intrinsic value due to its age and uniqueness.

New York’s revolutionary government between 1775 and 1777 and the state government established by the Constitution of 1777 demanded loyalty of all residents. Those who supported the British crown or remained neutral were monitored by state and local committees established to “detect conspiracies.” Later during the war laws were enacted to prosecute “enemies of this state” and to confiscate and sell at auction the property of those convicted.

English-born Robert W. Leake was the son of a high-ranking British Army officer in America. By the time of the American Revolution he had acquired substantial property in eastern Albany (now Rensselaer) County. The Albany County Committee of Safety suspected him of “an equivocal Neutrality in the present Struggles” and banished him to Boston, a Patriot stronghold. Leake’s long letter questioned the legitimacy of New York’s new government and asserted his natural right to choose the government under which he would live. He demanded the opportunity to respond to his accusers and to relocate elsewhere after selling his property. Leake recognized independence as a fact and swore allegiance to the New York Provincial Congress in May 1777. By summer he was recruiting Loyalists for Burgoyne’s army as it advanced into northern New York, and he became an officer in the New York Royal Regiment. He later found refuge in Canada and died in Wales in 1788.

The constitution adopted by a convention at Kingston on April 20, 1777, restructured parts of New York’s government. Criticizing the “great inconveniences” of the temporary government of the Provincial Congress and its committees, the powers of the executive, legislative, and judicial branches were largely separated. Reacting against perceived abuses of power by the royal governors, the powers of appointment, veto of bills, and judicial review were vested in committees. The political revolution was emphasized—all authority was “derived from and granted by” the People of the state, not the Crown. Though defendants’ rights to legal counsel and to jury trial in the common-law courts were guaranteed, the Legislature’s power to pass acts of attainder, condemning Loyalists to death and confiscating their property, was continued to the end of the war.

The Forfeiture Act of 1779 was an act of attainder which condemned about sixty “notorious offenders” (prominent royal officials and other Loyalists) for treason, banished them from the state, and declared their real and personal property forfeited to the state. Among those convicted was Robert Leake, “Gentleman” of Albany County. The act authorized criminal court proceedings against other “enemies of this state” and, after conviction, forfeiture of their property. Grand jury indictments and other documents were to be returned to the Supreme Court of Judicature, which would conduct the trial of any defendant who appeared to defend himself (none did). Appointed Commissioners of Forfeitures were empowered to manage and sell the property of convicted Loyalists. This printed copy of the act belonged to Henry Oothoudt, one of the state-appointed Commissioners of Forfeitures.

The Forfeiture Act of 1779 was an act of attainder which condemned about sixty “notorious offenders” (prominent royal officials and other Loyalists) for treason, banished them from the state, and declared their real and personal property forfeited to the state. Among those convicted was Robert Leake, “Gentleman” of Albany County. The act authorized criminal court proceedings against other “enemies of this state” and, after conviction, forfeiture of their property. Grand jury indictments and other documents were to be returned to the Supreme Court of Judicature, which would conduct the trial of any defendant who appeared to defend himself (none did). Appointed Commissioners of Forfeitures were empowered to manage and sell the property of convicted Loyalists. This printed copy of the act belonged to Henry Oothoudt, one of the state-appointed Commissioners of Forfeitures.

This exhibit was created with support from the New York State organization Daughters of the American Revolution.