Exhibits: New York Supreme Court in the Era of the American Revolution: Prosecution of Loyalists 1770-1780s - Albany County

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.

Under the “Forfeiture Act” of 1779 individuals who “adhered to enemies of this State” could be indicted by a grand jury with final judgment in the state Supreme Court. Procedural safeguards were minimal: a suspected Loyalist could be indicted on testimony of just one witness and convicted without a jury trial. The proceedings could occur in a county other than where the suspect resided, which permitted indictment of Loyalists in British-occupied New York City. The law required that indictments and witness depositions be preserved by the Supreme Court clerk. These and many other court documents were transferred to the State Archives in 2017.

The depositions contain detailed accusations against alleged Loyalists (“enemies of this state”), on which the indictment was based. The document is signed by the grand jury foreman. The accused individuals were residents of Cambridge, Hoosick, Saratoga, Schaghticoke, and Rensselaerswyck (all then part of Albany County). During General John Burgoyne’s invasion of northern New York in 1777, the alleged Loyalists either served in the British army or were seen in the British camps. The campaign ended with the Burgoyne’s surrender on October 17, 1777, after two battles near Saratoga.

John Munro and many other residents of Albany County were indicted by action of a grand jury sitting in that county. Six months later, almost to the day, all were convicted in absentia, after they failed to appear either in person or by an attorney to defend themselves of the charges against them.

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