Exhibits: New York Supreme Court in the Era of the American Revolution: Remedies for Patriots: Litigation under the Trespass Act for Damage to Property in British-Occupied New York

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.

The British occupation of New York City, Long Island, Staten Island, and southern Westchester County caused many Patriots to evacuate from those areas to territory controlled by New York’s revolutionary government. The British authorities in New York City rented Patriots’ vacated properties or ordered use of them for military purposes. The “Trespass Act” of 1783 allowed Patriot refugees to bring a court proceeding, an action of “trespass,” to recover money damages if their property in an area under enemy control had been “occupied, injured or destroyed.”

The “Trespass Act” of 1783 (6th Session, Chapter 31) resulted in lawsuits against Loyalists who had occupied or otherwise profited from the property of Patriots in British-occupied New York. The law was enacted by a Legislature dominated by radical Patriots. Moderates and conservatives considered the law unjustly punitive because an action of trespass could be brought anywhere in the state, because British military orders were not an allowable defense, and because a court’s judgment could not be appealed. Alexander Hamilton defended about forty individuals sued under the Trespass Act. He and others argued that portions of the act violated international law and the peace treaty of 1783 between the U.S. and Britain.

Map shows the “Queens Village” property on Lloyd’s Neck, a peninsula on the north side of Long Island, the subject of a prominent court case under the Trespass Act. John Lloyd, Jr., executor of the estate of Joseph Lloyd, a Patriot, sued Loyalist Charles Hewlett of Oyster Bay, who was a captain in Oliver DeLancey’s Brigade, Third Battalion. During the war his soldiers cut down most of the virgin timber on Lloyd’s Neck, prompting the later lawsuit.  The property was a manor granted in 1685 to James Lloyd. Lloyds resided there after 1711, and Joseph Lloyd constructed a manor house in 1766-67 (shown on the map, it still stands). He fled to Connecticut after the British occupied Long Island, and he took his own life in 1780. 

Plaintiff John Lloyd, Jr. was Joseph Lloyd’s nephew and executor of his estate. His attorney Aaron Burr declared in the lengthy pleadings, included in the judgment roll, that defendant Charles Hewlett had destroyed thousands of valuable trees on Lloyd’s property. Lloyd demanded payment of 2000 pounds damages. Hewlett’s attorney, Alexander Hamilton, responded to the various counts in Lloyd’s demands. His client was not guilty on one count. On other counts the plaintiff’s plea was not supported by law because the defendant was acting under British military orders. Hewlett’s company was stationed at Fort Franklin overlooking Long Island Sound, shown on the map of Lloyd’s Neck. Hamilton conceded that Hewlett’s men had cut down many trees to use as fuel and to build huts for shelter. The court action commenced in April 1784 and after long delays went to trial in January 1790.

The case of Lloyd vs. Hewlett went to a jury trial in New York City in January 1790. Attorney for plaintiff was Aaron Burr. Appearing for defendant was Robert Troup, a prominent Federalist lawyer, in place of Alexander Hamilton who was now Secretary of the Treasury. Advising Troup (“of counsel”) were two more able attorneys, John Lawrence and Robert Harrison. Three witnesses testified for the plaintiff. Defendant’s attorney called no witnesses. He offered in defense Sir William Howe’s military orders and commission to defendant Hewlett. Plaintiff’s attorney objected and was sustained by Chief Justice Richard Morris. Defendant’s attorney then filed a “bill of exceptions” for an appeal, which never occurred because the Trespass Act barred appeals. The jury awarded just ten pounds damages and six pence costs to the plaintiff, Lloyd. Burr evidently failed to persuade the jury that Hewlett was responsible for major damage to the Lloyd estate.

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