New York (State). Court for the Trial of Impeachments and the Correction of Errors

The Court for the Trial of Impeachments and Corrections of Errors was abolished by the the Constitution of 1846. Thereafter its powers, insofar as corrections of errors were concerned, rested in the Court of Appeals.

From the description of Minutes of causes, 1842-1847. (New York State Archives). WorldCat record id: 122579043

Rough minutes document the progress of cases through the court, the court[alpha]s method of operation, and the final determination of cases. The contents and format of this series reflect the court's unique composition (entire State Senate, Lieutenant Governor, Chancellor, and Supreme Court Justices) and its parliamentary procedures. Proposed actions were brought before the court on a motion of one member and presented in the form of a resolution. The resolution was debated, sometimes amended, and then voted upon. Because of these procedures, the rough minutes often resemble those of a legislative body rather than a court.

From the description of Rough minutes, 1840-1847. (New York State Archives). WorldCat record id: 122683166

The Court for the Trial of Impeachments and Correction of Errors was established under the state constitution and served as New York's impeachment court and court of last resort between 1777 and 1847. Its colonial predecessors were the Court of Assizes, 1664-1684; the Court of Chancery, 1683-1691; and the Court of Errors and Appeals, 1691-1783. The last colonial court continued in British-occupied New York until the end of the Revolution. Each colonial court consisted of the Royal Governor and his Council. Colonial court decisions could be appealed to the King's Privy Council in Great Britain if the case involved a debt of more than 500 pounds or if the Anglican Church was a party.

The State court was modelled after the British House of Lords which served as Great Britain's court of last resort. New York's court consisted of the President of the Senate (Lieutenant Governor), the Senators, the Chancellor, and the Judges of the Supreme Court of Judicature, who heard appeals from lower courts. The Chancellor and Judges, however, did not vote in cases appealed from their own courts, but were simply to explain the reason for their judgment or decree. An impeachment case, including any "civil officers of the State," was brought to the court by a two-thirds vote of the Assembly.

The Constitution directed the Legislature to define details of court operation. The Legislature acted on this charge in 1784 with a law (Chapter 11) that authorized the court to devise a seal; to convene anytime during the legislative session; and, as a court of last resort, to handle cases from the Supreme Court of Judicature, the Court of Chancery, the Court of Probates, and the Court of Admiralty (except in cases of capture, which were handled by the federal courts). The law also established the court's basic operating procedures and directed the Council of Appointment to appoint a Court Clerk.

Although legally constituted as one court, in practice it operated as two separate judicial bodies--an impeachment court and a court of last resort. The names "Court for the Trial of Impeachments" and "Court for the Correction of Errors" or, as it was often called in the nineteenth century, "Court of Errors", were used separately in legal documents and laws as well as in popular parlance. In its two roles the court followed different rules and procedures and maintained separate records. No impeachment proceedings occured during the life of the court and therefore no records of impeachment trials exist. Existing records of appeals or "cases in error" are in the State Archives.

Between 1784 and 1847, the jurisdication of the court changed because of other judicial reorganizations. In 1789, the State Court of Admiralty was abolished and its jurisdiction assumed by new federal courts established by the United States Constitution. In 1823 the Court of Probates was abolished and its appellate jurisdiction over county surrogate courts transferred to the Court of Chancery. Thereafter, the Court of Errors handled only cases from the principal courts of law (Supreme Court) and equity (Chancery Court).

The 1829 Revised Statutes authorized the Court of Errors to hold two sessions yearly at the State Capitol while the Legislature was not in session and appoint subordinate officers to assist its Clerk. An 1834 law (Chapter 109) allowed the Court to convene in New York and Utica as well as in Albany when the Legislature was not in session.

The 1846 state constitution abolished the court and transferred its functions as a court of last resort to the newly established Court of Appeals. This constitution also established a new Court for the Trial of Impeachments consisting of the President of the Senate, the Senators, and the Judges of the Court of Appeals. Chapter 280 of the Laws of 1847 implemented the constitution's judicial provisions and mandated the transfer of all undecided Court of Errors cases and all Court of Errors records to the Court of Appeals on the first Monday in July 1847. As of that date the Court of Errors ceased to exist.

The Court operated separately as an impeachment court and court of last resort. Impeachment procedures were established by the state constitution and by law. The first state constitution (1777-1821) required a two thirds vote of the Assembly to impeach a civil official. The second constitution (1821-1846) required only a majority vote. If the Assembly impeached an official, copies of the charges were delivered to the President of the Senate and to the official. The President was required to summon the court for the Trial of Impeachments into session. In setting a trial date the President gave the impeached official time to prepare his defense. The court could only convict on a two-thirds vote of those present, and the only penalty was immediate removal and future disqualification from public office. If convicted, however, an official was not immune from civil or criminal prosecution in a court of law.

Procedures for the Court for the Correction of Errors were established by the state constitution, by law, and by court rules. Different procedures were followed in law and equity cases. A law case from the Supreme Court was called a "case in error" and its parties were a "plaintiff in error" and "defendant in error." A party (usually the losing one) appealed an original case to the Court of Errors by obtaining a writ of error from the Court of Chancery. This writ commanded the Supreme Court to prepare a record or transcript of the original case containing a summary of the pleadings, proofs, and judgement. Known as a return, this document was attached to the writ of error and delivered to the Clerk of the Court of Errors. A plantiff in error who thought the return was insufficient could secure a writ of certiorari from the Clerk directing the Supreme Court to provide the Court of Errors with additional records, such as a summary of testimony. After the writs were returned, the plaintiff in error filed an assignment of error outlining the alleged errors in the original judgment. The court then ordered the defendant in error to file a joinder in error stating that the defendant would contest the case. Failure to file a joinder resulted in loss of the case by default. Before a case came to trial the parties' attorneys drew up briefs outlining the major points and arguments each would rely upon at the hearing.

After 1827, a court rule required that that plaintiff in error compile and print a "case" for each member of the court. This case contained copies of the writ of error, joinder in error, Supreme Court Judge's written statement explaining the judgment, and the attorneys' briefs. In 1835, however, the rule was changed to allow the defendant in error to compile and print the case.

An equity case originating from the Court of Chancery or the Court of Probates was called an "appeal" and its parties were an "appellant" and a "respondent." The appellant (usually the loser in the original case) began the appeal by filing a petition with the lower court. The clerk or register annexed to the petition copies of the order or decrees, minutes, and list of pleadings, exhibits, and proofs entered in the original case. Only copies of the listed documents could be submitted as evidence at the Court of Errors hearing. The petition and the attached material were filed with the Clerk of the Court of Errors. The respondent received a copy of the petition and was required to file a written answer. After 1827, a court rule required that a printed case be prepared for each member of the Court. The printed case contained the petition, answer, opinion of the Chancellor, and all pleadings, orders, depositions, affidavits, exhibits, and proofs used in the original case (these were the documents listed on the attachment to the petition). However, both parties might agree to submit a case containing a briefer statement of pleadings and proofs. The appellant usually compiled and printed the case, but after 1835 the respondent could elect to do it.

When in session, the Court's proceedings resembled those of a legislature. Proposed court actions (i.e., granting motions, judgements, decrees, orders) were initiated by a member in the form of a resolution. Each resolution was debated, sometimes amended, and voted upon. If the vote was not unanimous, a roll call vote was taken. The Chancellor and Judge of the Supreme Court could not vote in cases form their respective courts, but could comment on cases throughout the hearing. Cases were decided by majority vote and the President of the Senate voted only to break a tie.

The lower court was informed of the court's determination through a "remittitur." For a case in error this document contained a copy of the court's judgment, the writ of error, and transcript forwarded from the lower court. A remittitur for an appeal contained a copy of the Court's decree or order, the petition of appeal, and all other records forwarded from the lower court.

In the early nineteenth century the court began the practice of issuing written opinions for selected cases. The Chancellor wrote these opinions for cases in error and a Supreme Court Judge wrote them for appeals. Many of these are published in the court's case reports.

From the description of Court for the Trial of Impeachments and Correction of Errors Agency History Record. (New York State Archives). WorldCat record id: 82568468

The Court for the Trial of Impeachments and Correction of Errors was established under the state constitution and served as New York's impeachment court and court of last resort between 1777 and 1847. Its colonial predecessors were the Court of Assizes, 1664-1684; the Court of Chancery, 1683-1691; and the Court of Errors and Appeals, 1691-1783. The last colonial court continued in British-occupied New York until the end of the Revolution. Each colonial court consisted of the Royal Governor and his Council. Colonial court decisions could be appealed to the King's Privy Council in Great Britain if the case involved a debt of more than 500 pounds or if the Anglican Church was a party.

The State court was modelled after the British House of Lords which served as Great Britain's court of last resort. New York's court consisted of the President of the Senate (Lieutenant Governor), the Senators, the Chancellor, and the Judges of the Supreme Court of Judicature, who heard appeals from lower courts. The Chancellor and Judges, however, did not vote in cases appealed from their own courts, but were simply to explain the reason for their judgment or decree. An impeachment case, including any "civil officers of the State," was brought to the court by a two-thirds vote of the Assembly.

The Constitution directed the Legislature to define details of court operation. The Legislature acted on this charge in 1784 with a law (Chapter 11) that authorized the court to devise a seal; to convene anytime during the legislative session; and, as a court of last resort, to handle cases from the Supreme Court of Judicature, the Court of Chancery, the Court of Probates, and the Court of Admiralty (except in cases of capture, which were handled by the federal courts). The law also established the court's basic operating procedures and directed the Council of Appointment to appoint a Court Clerk.

Although legally constituted as one court, in practice it operated as two separate judicial bodies--an impeachment court and a court of last resort. The names "Court for the Trial of Impeachments" and "Court for the Correction of Errors" or, as it was often called in the nineteenth century, "Court of Errors", were used separately in legal documents and laws as well as in popular parlance. In its two roles the court followed different rules and procedures and maintained separate records. No impeachment proceedings occured during the life of the court and therefore no records of impeachment trials exist. Existing records of appeals or "cases in error" are in the State Archives.

Between 1784 and 1847, the jurisdication of the court changed because of other judicial reorganizations. In 1789, the State Court of Admiralty was abolished and its jurisdiction assumed by new federal courts established by the United States Constitution. In 1823 the Court of Probates was abolished and its appellate jurisdiction over county surrogate courts transferred to the Court of Chancery. Thereafter, the Court of Errors handled only cases from the principal courts of law (Supreme Court) and equity (Chancery Court).

The 1829 Revised Statutes authorized the Court of Errors to hold two sessions yearly at the State Capitol while the Legislature was not in session and appoint subordinate officers to assist its Clerk. An 1834 law (Chapter 109) allowed the Court to convene in New York and Utica as well as in Albany when the Legislature was not in session.

The 1846 state constitution abolished the court and transferred its functions as a court of last resort to the newly established Court of Appeals. This constitution also established a new Court for the Trial of Impeachments consisting of the President of the Senate, the Senators, and the Judges of the Court of Appeals. Chapter 280 of the Laws of 1847 implemented the constitution's judicial provisions and mandated the transfer of all undecided Court of Errors cases and all Court of Errors records to the Court of Appeals on the first Monday in July 1847. As of that date the Court of Errors ceased to exist.

The Court operated separately as an impeachment court and court of last resort. Impeachment procedures were established by the state constitution and by law. The first state constitution (1777-1821) required a two thirds vote of the Assembly to impeach a civil official. The second constitution (1821-1846) required only a majority vote. If the Assembly impeached an official, copies of the charges were delivered to the President of the Senate and to the official. The President was required to summon the court for the Trial of Impeachments into session. In setting a trial date the President gave the impeached official time to prepare his defense. The court could only convict on a two-thirds vote of those present, and the only penalty was immediate removal and future disqualification from public office. If convicted, however, an official was not immune from civil or criminal prosecution in a court of law.

Procedures for the Court for the Correction of Errors were established by the state constitution, by law, and by court rules. Different procedures were followed in law and equity cases. A law case from the Supreme Court was called a "case in error" and its parties were a "plaintiff in error" and "defendant in error." A party (usually the losing one) appealed an original case to the Court of Errors by obtaining a writ of error from the Court of Chancery. This writ commanded the Supreme Court to prepare a record or transcript of the original case containing a summary of the pleadings, proofs, and judgement. Known as a return, this document was attached to the writ of error and delivered to the Clerk of the Court of Errors. A plantiff in error who thought the return was insufficient could secure a writ of certiorari from the Clerk directing the Supreme Court to provide the Court of Errors with additional records, such as a summary of testimony. After the writs were returned, the plaintiff in error filed an assignment of error outlining the alleged errors in the original judgment. The court then ordered the defendant in error to file a joinder in error stating that the defendant would contest the case. Failure to file a joinder resulted in loss of the case by default. Before a case came to trial the parties' attorneys drew up briefs outlining the major points and arguments each would rely upon at the hearing.

After 1827, a court rule required that that plaintiff in error compile and print a "case" for each member of the court. This case contained copies of the writ of error, joinder in error, Supreme Court Judge's written statement explaining the judgment, and the attorneys' briefs. In 1835, however, the rule was changed to allow the defendant in error to compile and print the case.

An equity case originating from the Court of Chancery or the Court of Probates was called an "appeal" and its parties were an "appellant" and a "respondent." The appellant (usually the loser in the original case) began the appeal by filing a petition with the lower court. The clerk or register annexed to the petition copies of the order or decrees, minutes, and list of pleadings, exhibits, and proofs entered in the original case. Only copies of the listed documents could be submitted as evidence at the Court of Errors hearing. The petition and the attached material were filed with the Clerk of the Court of Errors. The respondent received a copy of the petition and was required to file a written answer. After 1827, a court rule required that a printed case be prepared for each member of the Court. The printed case contained the petition, answer, opinion of the Chancellor, and all pleadings, orders, depositions, affidavits, exhibits, and proofs used in the original case (these were the documents listed on the attachment to the petition). However, both parties might agree to submit a case containing a briefer statement of pleadings and proofs. The appellant usually compiled and printed the case, but after 1835 the respondent could elect to do it.

When in session, the Court's proceedings resembled those of a legislature. Proposed court actions (i.e., granting motions, judgements, decrees, orders) were initiated by a member in the form of a resolution. Each resolution was debated, sometimes amended, and voted upon. If the vote was not unanimous, a roll call vote was taken. The Chancellor and Judge of the Supreme Court could not vote in cases form their respective courts, but could comment on cases throughout the hearing. Cases were decided by majority vote and the President of the Senate voted only to break a tie.

The lower court was informed of the court's determination through a "remittitur." For a case in error this document contained a copy of the court's judgment, the writ of error, and transcript forwarded from the lower court. A remittitur for an appeal contained a copy of the Court's decree or order, the petition of appeal, and all other records forwarded from the lower court.

In the early nineteenth century the court began the practice of issuing written opinions for selected cases. The Chancellor wrote these opinions for cases in error and a Supreme Court Judge wrote them for appeals. Many of these are published in the court's case reports.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV87-A1511