Addison Gardiner
Encyclopedia
Addison Gardiner was an American
lawyer and politician
who was the Chief Judge of the New York Court of Appeals
from 1854 to 1855.
, who later became a judge of the New York Court of Appeals
. The latter's brother Henry R. Selden
, later himself a lieutenant governor and judge of the Court of Appeals, was a law student at this firm. Gardiner was the first Justice of the Peace
ever elected in Rochester.
of New York, with jurisdiction over the counties of Allegany, Erie, Chautauqua, Monroe, Genesee and Niagara. The Anti-Masonic excitement, growing out of the disappearance of William Morgan
, had now commenced, and perhaps the most important case that came before Judge Gardiner, while on the bench of the circuit court, was that against Elihu Mather who was tried for conspiracy in the abduction of Morgan. After the acquittal of the defendant, a motion for a new trial was made in the New York State Supreme Court. The case is to be found in the fourth volume of Wendell's reports, page 220. The head notes, giving the disposition of the various questions raised, occupy four pages. On many of the points it has ever been a leading case. All the rulings of the judge were sustained by the Supreme Court, and these, and other decisions, gave him the reputation of the model circuit judge. He resigned his judicial office in February 1838, and returned to the practice of law at Rochester.
of New York
on the Democratic
ticket, with Silas Wright
for Governor. Many important questions came before the New York State Senate
while he presided. It was the period of the anti-rent disturbances, and various preventive and remedial measures were discussed. The enlargement of the canals, and other questions of internal improvement, received attention. One of the most important bills provided for the call of a state convention for the formation of a new constitution. As President of the Senate, Lieutenant Governor Gardiner was the presiding officer of the Court for the Correction of Errors, then the state's highest court of appeal, consisting of the president of the Senate, the senators, chancellor, and justices of the New York Supreme Court
. Not many cases were carried to this tribunal, litigation usually ceasing with the decision of the Supreme Court or that of the chancellor
, so that most of them were important in principle or amount. Those decided during his presidency can be found in Denio's reports. Gardiner was reelected Lieutenant Governor in 1846, defeating Hamilton Fish
, the Whig
candidate, by a majority of 13,000 votes, although the Whig's candidate for governor John Young
was elected by a majority of more than 11,000 over the incumbent Governor Wright - then, the governor and the lieutenant governor, although running mate
s, were elected on separate ballots. Gardiner had been nominated on a cross-endorsed ticket with Young by the Anti-Renters whose votes decided this election.
Gardiner was among the first judges elected on June 7, 1847 to the new New York Court of Appeals
. On June 22, he drew the longest term (eight years and a half), and took office on July 5, according to the new State Constitution adopted in 1846. To fill the vacancy in the office of lieutenant governor, a special election was held at the annual State elections, and Fish was elected for the remainder of Gardiner's unexpired term. Gardiner became Chief Judge in 1854, and held the office until the end of 1855 when his term expired.
.
, then removed to Texas
, where he died on his plantation near San Antonio
. Another brother, Charles (1789-1860) was a merchant in New Orleans. His sister Rebecca (1791-ca. 1818), married Oren Stone, a merchant, and the partner of Governor Seymour's
father, and lived at Watertown, New York. Another sister, Dorothy, married Thomas A. Gould, a lawyer of Pittsfield, Massachusetts
where she died in 1857. The youngest sister, Andu Lucia, born about 1800, married Elijah Rhoades, of Manlius
, a merchant and New York State Senator.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who was the Chief Judge of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
from 1854 to 1855.
Early life and career
He was admitted to the bar in 1822, and began practicing law in Rochester, opening a law firm with Samuel L. SeldenSamuel L. Selden
Samuel Lee Selden was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals in 1862.-Life:...
, who later became a judge of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
. The latter's brother Henry R. Selden
Henry R. Selden
Henry Rogers Selden was an American lawyer and politician. He was Lieutenant Governor of New York from 1857 to 1858. He defended Susan B. Anthony in her 1873 trial for unlawfully voting as a woman.-Life:He was the son of Calvin Selden and Phebe Selden...
, later himself a lieutenant governor and judge of the Court of Appeals, was a law student at this firm. Gardiner was the first Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
ever elected in Rochester.
D.A. and Circuit Judge
In 1825, Gardiner was appointed District Attorney of Monroe County. From 1829 to 1838, he was Judge of the Eighth Circuit CourtNew York State Circuit Courts
The New York State Circuit Courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846.-History:...
of New York, with jurisdiction over the counties of Allegany, Erie, Chautauqua, Monroe, Genesee and Niagara. The Anti-Masonic excitement, growing out of the disappearance of William Morgan
William Morgan (anti-Mason)
William Morgan was a resident of Batavia, New York, whose disappearance and presumed murder in 1826 ignited a powerful movement against the Freemasons, a secret fraternal society that had become influential in the United States...
, had now commenced, and perhaps the most important case that came before Judge Gardiner, while on the bench of the circuit court, was that against Elihu Mather who was tried for conspiracy in the abduction of Morgan. After the acquittal of the defendant, a motion for a new trial was made in the New York State Supreme Court. The case is to be found in the fourth volume of Wendell's reports, page 220. The head notes, giving the disposition of the various questions raised, occupy four pages. On many of the points it has ever been a leading case. All the rulings of the judge were sustained by the Supreme Court, and these, and other decisions, gave him the reputation of the model circuit judge. He resigned his judicial office in February 1838, and returned to the practice of law at Rochester.
Lieutenant Governor and Court of Appeals
In November 1844, he was elected Lieutenant GovernorLieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
on the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
ticket, with Silas Wright
Silas Wright
Silas Wright, Jr. was an American Democratic politician. Wright was born in Amherst, Massachusetts and moved with his father to Weybridge, Vermont in 1796. He graduated from Middlebury College in 1815 and moved to Sandy Hill, New York, the next year, where he studied law, being admitted to the bar...
for Governor. Many important questions came before the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
while he presided. It was the period of the anti-rent disturbances, and various preventive and remedial measures were discussed. The enlargement of the canals, and other questions of internal improvement, received attention. One of the most important bills provided for the call of a state convention for the formation of a new constitution. As President of the Senate, Lieutenant Governor Gardiner was the presiding officer of the Court for the Correction of Errors, then the state's highest court of appeal, consisting of the president of the Senate, the senators, chancellor, and justices of the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. Not many cases were carried to this tribunal, litigation usually ceasing with the decision of the Supreme Court or that of the chancellor
New York Court of Chancery
The New York Court of Chancery was established during the colonial administration on August 28, 1701, the colonial governor acting as Chancellor. The New York State Constitution of 1777 continued the court but required a lawyer to be appointed Chancellor. It was the court with jurisdiction on cases...
, so that most of them were important in principle or amount. Those decided during his presidency can be found in Denio's reports. Gardiner was reelected Lieutenant Governor in 1846, defeating Hamilton Fish
Hamilton Fish
Hamilton Fish was an American statesman and politician who served as the 16th Governor of New York, United States Senator and United States Secretary of State. Fish has been considered one of the best Secretary of States in the United States history; known for his judiciousness and reform efforts...
, the Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
candidate, by a majority of 13,000 votes, although the Whig's candidate for governor John Young
John Young (Governor)
John Young was an American politician.He was born in Chelsea, Vermont. As a child, he moved to Freeport , Livingston County, New York. He had only basic schooling but, by self-study accumulated a knowledge of classics and became a law clerk, becoming admitted to the bar in 1829...
was elected by a majority of more than 11,000 over the incumbent Governor Wright - then, the governor and the lieutenant governor, although running mate
Running mate
A running mate is a person running together with another person on a joint ticket during an election. The term is most often used in reference to the person in the subordinate position but can also properly be used when referring to both candidates, such as "Michael Dukakis and Lloyd Bentsen were...
s, were elected on separate ballots. Gardiner had been nominated on a cross-endorsed ticket with Young by the Anti-Renters whose votes decided this election.
Gardiner was among the first judges elected on June 7, 1847 to the new New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
. On June 22, he drew the longest term (eight years and a half), and took office on July 5, according to the new State Constitution adopted in 1846. To fill the vacancy in the office of lieutenant governor, a special election was held at the annual State elections, and Fish was elected for the remainder of Gardiner's unexpired term. Gardiner became Chief Judge in 1854, and held the office until the end of 1855 when his term expired.
His opinions
Judge Gardiner's opinions are reported in Denio's, Comstock's, Selden's and the first three volumes of Reman's reports. Among them are the cases of:- Miller v. Gable (2 Denio, 492), on charitable uses, holding that chancery, under its general jurisdiction over trusts, will interfere, on behalf of members of a religious corporation to which a fund has been granted, to prevent it from diverting the fund to promote the teaching of doctrines essentially variant from those designated, but not as to lesser shades of doctrine.
- Mayor of New York v. Baily (2 Denio, 433), holding that an action on the case for malfeasance will be against the corporation; if the city be empowered by statute to construct works, the state reserving the power to appoint commissioners to superintend the construction, the acceptance of the act by the city renders it liable for injuries arising for want of skill, or neglect, in building the works.
- Danks v. Quackenbush (1 Comstock, 129), in which he dissented, with three others of the judges, constituting one-half of the court, from the opinion of the four others, that the act of 1842, extending the exemption of personal property from the sale under execution, is unconstitutional and void as to debts contracted before its passage.
- Leggett v. Perkins (2 Comstock, 267), holding that a trust to receive and pay over the rents and profits of land was valid, under the statute anthorising a trustee to receive the same and apply them to the use of any person.
- People v. Schuyler (2 Comstock, 173), reversing the decree of the Supreme court, and holding that if the sheriff after the jury have found for a claimant, refuses to deliver the property, the surety on his official bond is liable, though the creditor does not indemnify him, and, where he requires and receives indemnity before selling and judgment is afterwards recovered against him for the erroneous seizure, his sureties, on payment of the judgment, are entitled to be subrogated to the indemnity.
- Chautauqua Co. Bank v. White (2 Selden, 236), holding that an assignment by the debtor to the receiver of all his real property leaves no residuary interest in the debtor, and reversing the decree of the Supreme court, and affirming that of the vice-chancellor.
- Nicholson v. Leavitt (2 Selden, 510), reversing with the concurrence of all the judges, the judgmnent of the Superior court of the city of New York, and holding that an assignment by insolvent debtors of their property to trustees for the benefit of their creditors, with an authorisation to the trustees to seli the assigned property upon credit, is fraudulent and void as against the creditors of the assignees.
- Talmage v. Pell (3 Selden, 328), on the powers of banking associations, reversing the judgment of the Supreme court.
- Kundolf v. Thalheimer (2 Kernan, 593), on the powers of county courts, reversing the judgment of the Supreme court.
Later life
After his retirement from the Court of Appeals he continued to lend his aid in the administration of justice as a referee. For twenty years, he arbitrated many important causes. He was buried at Mt. Hope Cemetery in Rochester, New YorkRochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
.
Family
In 1831 he married Mary Selkrigg, of Scotch descent. Their children were Charles A. Gardiner and Celeste M. Gardiner. His oldest brother, William Gardiner, (1787-ca. 1855), resided several years in Lowell, MassachusettsLowell, Massachusetts
Lowell is a city in Middlesex County, Massachusetts, USA. According to the 2010 census, the city's population was 106,519. It is the fourth largest city in the state. Lowell and Cambridge are the county seats of Middlesex County...
, then removed to Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, where he died on his plantation near San Antonio
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...
. Another brother, Charles (1789-1860) was a merchant in New Orleans. His sister Rebecca (1791-ca. 1818), married Oren Stone, a merchant, and the partner of Governor Seymour's
Horatio Seymour
Horatio Seymour was an American politician. He was the 18th Governor of New York from 1853 to 1854 and from 1863 to 1864. He was the Democratic Party nominee for president of the United States in the presidential election of 1868, but lost the election to Republican and former Union General of...
father, and lived at Watertown, New York. Another sister, Dorothy, married Thomas A. Gould, a lawyer of Pittsfield, Massachusetts
Pittsfield, Massachusetts
Pittsfield is the largest city and the county seat of Berkshire County, Massachusetts, United States. It is the principal city of the Pittsfield, Massachusetts Metropolitan Statistical Area which encompasses all of Berkshire County. Its area code is 413. Its ZIP code is 01201...
where she died in 1857. The youngest sister, Andu Lucia, born about 1800, married Elijah Rhoades, of Manlius
Manlius (town), New York
Manlius is a town in Onondaga County, east of the city of Syracuse, New York, United States. The population was 32,370 at the 2010 census, making it the third largest suburb in metropolitan Syracuse...
, a merchant and New York State Senator.
Sources
- Biographies of Monroe County People Page 19 RootsWeb
- Papers of Victory Birdseye The Chancellor Robert R Livingston Masonic Library of Grand Lodge
- http://query.nytimes.com/mem/archive-free/pdf?res=9A06E0D81431E433A25755C0A9609C94629FD7CF Death notice, in NYT on June 6, 1883
- The New York Civil List compiled by Franklin Benjamin Hough (pages 32, 348 and 356; Weed, Parsons and Co., 1858)