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35-805: Melancton Smith lead the Anti-Federalists at the New York Ratifying Convention in Poughkeepsie . John Jay and Alexander Hamilton were among the leaders of the Federalists. A majority of the Convention were Anti-Federalists. But after New Hampshire and Virginia ratified the Constitution, many felt it was no longer practical to insist on amendments before ratifying. With 10 other States having ratified,

70-633: A New York delegate to the Continental Congress . Praised for his intelligence, liberality, and reasonableness, Smith had attained considerable respect in the State of New York by 1787 and he has been described by modern scholars as the most important Anti-Federalist theorist and spokesman. Additionally, Smith played an active and central role in the ratification of the United States Constitution . Melancton Smith

105-429: A chosen president or the senior Burgomaster. The court was held at least every two weeks and often every week; the parties before the court stated the case and the judges rendered a decision based on the facts or arbitrators were appointed to review the case and proposed a compromise between the parties. Appeals to the court from the arbitrators' decisions were rare. In the case of a difference in how parties stated

140-689: A number of trips to Holland, covered a number of years and abounded in dramatic incidents." This led to the formation in 1653, of The Worshipful Court of the Schout, Burgomasters and Schepens . This tribunal consisted of the Schout , four Burgomasters , and nine Schepens . Like the Schout, the position of the Burgomaster and Schepen came from the Netherlands. The Burgomasters were administrators who rotated three-month terms "to attend at City Hall for

175-677: A prominent lawyer, wrote an act to change the name to the Court of Common Pleas of the City of New York , and to create the position of First Judge. The New York Legislature passed the bill. Although the Mayor, Recorder, and Aldermen still had the power to preside over the Court of Common Pleas, the First Judge was given special responsibility for the court and had the power to hold court himself without

210-640: A prominent merchant. He helped found the New York Manumission Society in opposition to slavery and served in the Continental Congress from 1785 to 1787. He played an active role in the writing of the Northwest Ordinance of 1787 . Smith was the most important Anti-Federalist member of the State ratification convention at Poughkeepsie in 1788, where he made many of the same arguments as the Federal Farmer , bore

245-810: The Dutch for owner or head of a company) were landholders with manorial rights to large tracts of land in New Netherland in North America along the Hudson River . Through the Charter of Freedoms and Exemptions of 1629, the Dutch West India Company first started to grant this title and land to some of its invested members. These inducements to foster immigration were known as the "Rights and Exemptions," more commonly known as

280-640: The Mayor , Recorder , and Alderman, or any three of them given that either the Recorder or Mayor was one, were authorized to hold the Court of Common Pleas (Mayor's Court), which was presided over by the Mayor and Recorder alternately. An Act of 1691 created a Court of Common Pleas in each of New York's counties , which at the time numbered 12. Judges and clerks were appointed by the governor of New York and held office at his pleasure or during good behavior. The court's jurisdiction extended to all actions in which

315-764: The New York Court of General Sessions . The Mayor's Court was continued through the colonial period , and records are uncertain as to whether the court was held during the American Revolutionary War . In early 1784, James Duane was appointed mayor of New York City , and from that time after the Court was in continuing existence until its abolition. Under Duane, who served in the Continental Congress , notable figures including Alexander Hamilton , Aaron Burr , Robert Troup , Edward Livingston , Henry Brockholst Livingston , Egbert Benson , Morgan Lewis , and Josiah Ogden Hoffman practiced before

350-489: The Schout was also attached to this body. Together the Governor, Schout, and Council were supervised by the Dutch colonial authorities at Amsterdam . These authorities carried out judicial powers from 1626 to 1637, during Minuit's six years as Director-General and during four years of the term of his successor, Wouter van Twiller . Although records were kept, no records have survived detailing judicial proceedings under

385-587: The amount in controversy exceeded five English pounds . After 1691, appeals to the decisions of the court went to the Supreme Court of the Province of New York, which heard appeals in which the amount involved exceeded 20 pounds. Brooks wrote that the Court of Common Pleas was often known under the original Dutch title, even as late as 1821, and was called the Mayors' Court, with its criminal branch known as

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420-533: The Constitution was clearly going into effect, the debate was whether or not New York would be a part of it. Smith proposed that the States call for a Convention under Article V as a condition of New York's ratification, but Jay and Hamilton altered the proposal to ratification unconditionally, but with the understanding that the Article V Convention procedure would be used. The delegates assigned both Smith and Jay to

455-584: The Constitution: the essays of Brutus and The Federal Farmer . While many believed Robert Yates to have been the author of the Brutus essays and Richard Henry Lee to have written the Federal Farmer, scholars have recently cast doubt on those attributions. In a computational analysis of the known writings of Smith, Yates, Lee, and other prominent Antifederalists, John Burrows concluded that Smith

490-636: The Continental Line Regiment on June 30, 1775, which he organized as the Dutchess County Rangers . On Feb. 11, 1777, he became one of three members of a Dutchess County commission for "inquiring into, detecting and defeating all conspiracies ... against the liberties of America;" he served for the next six months administering oaths of allegiance, arresting suspects, informing upon and examining Loyalists . While wielding this powerful civil and military authority, he

525-519: The Council. The Schout Fiscal was a combination of prosecutor , sheriff , chief of police , constable , and warden with the duty to "under the orders of the Governor's Council to arrest and arraign on behalf of the Company all persons accused of crime, to superintend the trial , and see to the proper carrying out of the sentence ." Despite this concentration of powers, however, some rights of

560-653: The Court. Duane presided until 1789, when the President George Washington appointed him to the U.S. District Court for the District of New York . When Maturin Livingston was Recorder of New York City , Mayor DeWitt Clinton ceased to preside in the Mayor's Court, and from that time on the Recorder sat as presiding judge. By 1821, the mayor had ceased to preside completely as the docket had increased substantially in size. John Anthon ,

595-399: The Governor. When Peter Stuyvesant became governor in 1647, he immediately established a Court of Justice with the broad jurisdiction to decide "all cases whatsoever," with the directive to refer cases of any importance to the governor for approval. Brooks wrote that this scheme produced "popular discount," resulting in a "wrangle between the governor and the colonies, which brought about

630-602: The Province and, after the American Revolution , in the U.S. state of New York until it was abolished in 1894. James Wilton Brooks wrote in History of the Court of common pleas of the city and county of New York (1896) that: The Court of Common Pleas, founded in 1686, in the City of New York , extended in 1691 throughout the State, restricted again in 1846 to the City of New York, and finally, in accordance with

665-571: The Recorder or Mayor. John T. Irving was appointed First Judge. In 1834, an Associate Judge was provided, with all the powers of the First Judge. Michael Ulshoffer was appointed to the post. In 1839, a third judge was provided for due to an increase in the court's workload; William Inglis was appointed as Associate Judge. Charles Patrick Daly served as a judge of the New York Court of Common Pleas 1844–1857, as First Judge 1857-1871, and as Chief Justice 1871-1885. The Court of Common Pleas for

700-593: The accused were observed, including the consideration of evidence for the prisoner and a speedy trial . The Schout was also required to "keep a strict account of all information taken by him and of all criminal trials, and regularly transmit reports to the Company's main offices in Holland ." The Schout also has executive power to enforce the laws and rules of the States-General of the Netherlands . Patroon courts were first established in 1630. Patroons (from

735-414: The amended State Constitution of 1894, passing out of existence on the thirty-first of December, 1895, was the oldest judicial tribunal in the state of New York. It succeeded "The Worshipful Court of the Schout , Burgomasters and Schepens ", which was established in 1653 and may thus be said to have had a continuous existence of nearly two centuries and a half. The Dutch West India Company established

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770-470: The brunt of the Federalist attack and got into heated debates with Alexander Hamilton . Smith was so successful in opposing even Hamilton that he had been characterized as "one of the ablest debaters in the country". Following the ratification of the Constitution by New Hampshire and Virginia, and a letter he received from Nathan Dane , Smith became convinced that New York had no choice but to accept

805-463: The colony of New Netherland , centered around New Amsterdam in Manhattan , in 1623. Brooks wrote that for many years no provision was made for the administration for justice in the colony. In 1623, Peter Minuit , shortly after being appointed Director-General of New Netherland , formed a council of five, which held legislative , executive , and judicial powers. A Dutch colonial official called

840-667: The committee to draft the letter, though ultimately the draft adopted by the New York Convention was written by John Jay with help from Hamilton and John Lansing Jr. The Convention adopted the letter unanimously. Governor of New York and Chair of the Convention George Clinton sent the letter to all of the States and championed the proposal in the New York State Legislature to call for the Convention. Virginia and New York were

875-598: The dispatch of public business." Schepens ( aldermen ) were judicial officers with jurisdiction over civil and criminal matters. Together, the three orders of officers formed a college and enacted laws and ordinances for the city, analogous to the General Court of the Massachusetts Bay Colony . The body, collectively known as the Lords of the Court of the City of New Amsterdam , was headed either by

910-625: The facts, witnesses were called and affidavits presented or depositions taken. In 1664 the colony became part of British North America as the Province of New York , and New Amsterdam was named New York. The Court of Common Pleas was established in New York City in 1686 under the Dongan Charter, the early municipal Charter of the City of New York, granted by Governor Thomas Dongan on July 22, 1686. The Charter provided that

945-469: The heart of the function of Congress before Congress had a chance to demonstrate how well it would work, it would be better if they were proposed by Congress. Madison, a member of the first United States House of Representatives , proposed the Bill of Rights partially in response to the Convention effort. Melancton Smith Melancton Smith (May 7, 1744 – July 29, 1798) was a merchant, lawyer and

980-422: The only two states to call for the Convention. The response in other states varied from outright rejection to consideration only after giving Congress a chance to propose the amendments first. James Madison opposed the idea of early amendments, advocating a few years of seeing how the Constitution would run first. However, he believed that if amendments were to be proposed early, especially if some of them went to

1015-450: The patroon system. patroon acted as feudal lords , with the power to create civil and criminal courts, appoint local officials and hold land in perpetuity, and in return was commissioned by the Dutch West India Company to establish a settlement of at least 50 families within four years on the land. The patroon exercised within his authority "unlimited civil and criminal jurisdiction...even the power of life and death," subject to an appeal to

1050-535: The ratification of the Constitution and could not afford to wait until it had been amended because of external threats. His vote for the Constitution , albeit with the recommendation of amendments , broke Anti-Federalist ranks and brought down Governor George Clinton 's wrath. He was one of the few important landowners and merchants among the Anti-Federalists, and Smith continued in the Clintonian party. He

1085-478: The same time, suggest that Smith instead collaborated closely with other Antifederalists. They find it more probable that he wrote one of the sets of essays, while another person or persons close to him wrote the other. Court of Common Pleas (New York) The New York Court of Common Pleas was a state court in New York . Established in the Province of New York in 1686, the Court remained in existence in

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1120-859: Was also serving as sheriff of Dutchess County. He extended his land holdings by purchasing some of the forfeited Loyalist estates. In May 1777 was appointed Sheriff of Dutchess County , an office he retained until 1781. In the following year, the Provincial Commission selected Smith to be the Second Judge on the Court of Common Pleas . He was also elected to be the Justice of the Peace in Dutchess County and held both positions until 1784, when he and his family moved to New York City. Smith moved to New York City in 1784 where he became

1155-673: Was born in Jamaica, Long Island, New York , and was homeschooled by his parents. When his family moved to Poughkeepsie, New York , he became involved in the mercantile business. Smith manifested a life-long interest in metaphysics and religion, and in 1769 he helped organize the Washington Hollow Presbyterian Church and purchased one of its pews . He became a delegate to the first New York Provincial Congress in New York on May 22, 1775. He served in

1190-589: Was elected to the Assembly in 1791 and canvassed the state for Clinton in 1792 against John Jay . Smith died during the yellow fever epidemic in New York City in 1798 and is buried in Jamaica Cemetery, Jamaica, Queens, New York . The homonymous Unionist naval officer Melancton Smith was his grandson. Smith has been cited as the likely author of some of the more prominent Anti-Federalist essays written to encourage voters to reject ratification of

1225-503: Was the most likely author of both sets of essays. He found that "Brutus is consistently unlike... Yates's other writings." However, "the resemblance to Smith is strong and unfaltering." Furthermore, "[a]ll of the tests employed upheld Smith's authorship of Federal Farmer's papers, while the claim for Richard Henry Lee found no support at all." Michael Zuckert and Derek Webb, noting that it would be odd for one person to write two separate sets of essays covering similar topics and publishing at

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