George G. Barnard
Encyclopedia
George Gardner Barnard was an American lawyer and politician from New York
. He was one of only four people tried by the New York Court for the Trial of Impeachments
.
in 1847. Then he studied law with his brother Joseph F. Barnard, who was later Presiding Justice of the 2nd District of the New York Supreme Court
. George was admitted to the bar, and began practice in Poughkeepsie, but soon went to California
and practiced law there. In 1856, he returned to the East, and practiced law in New York City in partnership with Joseph J. Chambers.
In November 1857, Barnard was elected on the Tammany Hall
ticket Recorder of New York City
, and remained in office from 1858 until the end of 1860. He presided at the trial of "Dad" Cunningham for the murder of "Paudeen" McLaughlin
. On June 29, 1859, Barnard married Frances Anderson, and they had six children.
In November 1860, Barnard was elected to an 8-year term on the Supreme Court (1st District), and re-elected in 1868. Barnard became involved in a series of railroad litigations, beginning with the Erie War
, when in February 1868 — on the petition of Att. Gen. Marshall B. Champlain
— he removed Daniel Drew
as Director and Treasurer of the railroad, and appointed Cornelius Vanderbilt
's son-in-law George A. Osgood as Receiver
for $10,000,000 of new Erie Railroad stock. In November 1868, Barnard appointed Jay Gould as Receiver
of the Erie Railroad, but a week later Judge Josiah Sutherland
vacated Barnard's order, and appointed Judge Henry E. Davis
as Receiver instead. In August 1869, during the struggle for the Albany and Susquehanna Railroad
, Judge Rufus W. Peckham appointed Robert H. Pruyn
as Receiver, but Barnard vacated Peckham's order, and appointed James Fisk instead. Eight suits and cross-suits followed, and an armed attempt — involving more than 1,000 men on both sides — to seize the road was made by Fisk and Gould, but Pruyn was confirmed as Receiver. Barnard continued to favor Fisk and Gould in the railroad litigations, culminating in his seizing 16 suits from the New York City Superior Court and the New York City Court of Common Pleas, to be tried by himself in the Supreme Court. This was reversed later by the General Term (now called the Appellate Division
), affirming that a case must be tried in the court where it was brought.
In March 1872, Barnard was impeached by the New York State Assembly
. The Impeachment Court
(consisting of the Judges of the New York Court of Appeals
and the New York State Senators
) convened at Saratoga
in July, Lt. Gov. Allen C. Beach
presided. On August 19, 1872, Barnard was convicted unanimously, and was removed from office. The court also barred Barnard from ever holding public office in the State thereafter, with only two contrary votes (cast by Senators William J. Johnson
and Jarvis Lord).
Barnard died from Bright's disease
at his residence, 23 West Twenty-Third Street, in New York City, and was buried at Green-Wood Cemetery
.
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...
. He was one of only four people tried by the New York Court for the Trial of Impeachments
New York Court for the Trial of Impeachments
The Court for the Trial of Impeachments, and the Correction of Errors was established by the New York State Constitution of 1777. It consisted then of the Lieutenant Governor of New York , the Chancellor, the justices of the New York Supreme Court and the members of the New York State Senate...
.
Life
He was the son of Frederic Barnard and Margaret (Allen) Barnard. He graduated from Yale CollegeYale College
Yale College was the official name of Yale University from 1718 to 1887. The name now refers to the undergraduate part of the university. Each undergraduate student is assigned to one of 12 residential colleges.-Residential colleges:...
in 1847. Then he studied law with his brother Joseph F. Barnard, who was later Presiding Justice of the 2nd District 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...
. George was admitted to the bar, and began practice in Poughkeepsie, but soon went to California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and practiced law there. In 1856, he returned to the East, and practiced law in New York City in partnership with Joseph J. Chambers.
In November 1857, Barnard was elected on the Tammany Hall
Tammany Hall
Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society...
ticket Recorder of New York City
Recorder of New York City
The Recorder of New York City was a municipal officer of New York City from 1683 until the early 20th century. He was at times a judge of the Court of General Sessions, of the Court of Special Sessions, and the New York Court of Common Pleas; Vice-President of the Board of Supervisors of New York...
, and remained in office from 1858 until the end of 1860. He presided at the trial of "Dad" Cunningham for the murder of "Paudeen" McLaughlin
Patrick McLaughlin (criminal)
Patrick "Paudeen" McLaughlin was a New York criminal and a "slugger" for Tammany Hall during the late-19th century...
. On June 29, 1859, Barnard married Frances Anderson, and they had six children.
In November 1860, Barnard was elected to an 8-year term on the Supreme Court (1st District), and re-elected in 1868. Barnard became involved in a series of railroad litigations, beginning with the Erie War
Erie War
The Erie War was a 19th century conflict between American financiers for control of the Erie Railroad, which operated in several American states and connected New York to Chicago....
, when in February 1868 — on the petition of Att. Gen. Marshall B. Champlain
Marshall B. Champlain
Marshall Bolds Champlain was an American lawyer and politician.-Life:He was admitted to the bar in 1843, and practised at Cuba, N.Y...
— he removed Daniel Drew
Daniel Drew
-Biography:He was born in Carmel, New York.Drew was poorly educated. His father died when Daniel was fifteen years old. Drew enlisted and drilled, but because he enlisted too late, never fought in the War of 1812. After the war, he started a successful cattle-driving business. In 1823, he married...
as Director and Treasurer of the railroad, and appointed Cornelius Vanderbilt
Cornelius Vanderbilt
Cornelius Vanderbilt , also known by the sobriquet Commodore, was an American entrepreneur who built his wealth in shipping and railroads. He was also the patriarch of the Vanderbilt family and one of the richest Americans in history...
's son-in-law George A. Osgood as Receiver
Receivership
In law, receivership is the situation in which an institution or enterprise is being held by a receiver, a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights." The receivership remedy is an equitable remedy that emerged in...
for $10,000,000 of new Erie Railroad stock. In November 1868, Barnard appointed Jay Gould as Receiver
Receivership
In law, receivership is the situation in which an institution or enterprise is being held by a receiver, a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights." The receivership remedy is an equitable remedy that emerged in...
of the Erie Railroad, but a week later Judge Josiah Sutherland
Josiah Sutherland
Josiah Sutherland was an American lawyer and politician from New York.-Life:...
vacated Barnard's order, and appointed Judge Henry E. Davis
Henry E. Davies (judge)
Henry Ebenezer Davies was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1866 to 1867....
as Receiver instead. In August 1869, during the struggle for the Albany and Susquehanna Railroad
Albany and Susquehanna Railroad
The Albany and Susquehanna Railroad was a railroad running from Albany to Binghamton, operating 1851 to 1870-History:Construction began on April 19, 1851 from Albany to Schoharie Junction, New York, a distance of 35 miles . This phase was completed in 1863...
, Judge Rufus W. Peckham appointed Robert H. Pruyn
Robert H. Pruyn
Robert Hewson Pruyn was an American lawyer, General, diplomat, and politician from Albany, New York.-Political, military, and diplomatic service:...
as Receiver, but Barnard vacated Peckham's order, and appointed James Fisk instead. Eight suits and cross-suits followed, and an armed attempt — involving more than 1,000 men on both sides — to seize the road was made by Fisk and Gould, but Pruyn was confirmed as Receiver. Barnard continued to favor Fisk and Gould in the railroad litigations, culminating in his seizing 16 suits from the New York City Superior Court and the New York City Court of Common Pleas, to be tried by himself in the Supreme Court. This was reversed later by the General Term (now called the Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
), affirming that a case must be tried in the court where it was brought.
In March 1872, Barnard was impeached by the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
. The Impeachment Court
New York Court for the Trial of Impeachments
The Court for the Trial of Impeachments, and the Correction of Errors was established by the New York State Constitution of 1777. It consisted then of the Lieutenant Governor of New York , the Chancellor, the justices of the New York Supreme Court and the members of the New York State Senate...
(consisting of the Judges 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...
and the New York State Senators
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...
) convened at Saratoga
Saratoga, New York
Saratoga is a town in Saratoga County, New York, United States. The population was 5,141 at the 2000 census. It is also the commonly used, but not official, name for the neighboring and much more populous city, Saratoga Springs. The major village in the town of Saratoga is Schuylerville which is...
in July, Lt. Gov. Allen C. Beach
Allen C. Beach
Allen Carpenter Beach was an American lawyer and politician.-Life:...
presided. On August 19, 1872, Barnard was convicted unanimously, and was removed from office. The court also barred Barnard from ever holding public office in the State thereafter, with only two contrary votes (cast by Senators William J. Johnson
William J. Johnson
William J. Johnson was a New York State businessman and politician.-Early life and entry into politics:...
and Jarvis Lord).
Barnard died from Bright's disease
Bright's disease
Bright's disease is a historical classification of kidney diseases that would be described in modern medicine as acute or chronic nephritis. The term is no longer used, as diseases are now classified according to their more fully understood causes....
at his residence, 23 West Twenty-Third Street, in New York City, and was buried at Green-Wood Cemetery
Green-Wood Cemetery
Green-Wood Cemetery was founded in 1838 as a rural cemetery in Brooklyn, Kings County , New York. It was granted National Historic Landmark status in 2006 by the U.S. Department of the Interior.-History:...
.
Sources
- Democratic Primary Nominations in NYT on October 17, 1857 [gives wrong middle initial "C."]
- EX-JUDGE BARNARD DEAD in NYT on April 28, 1879 [states wrong college "Union"; and gives approximate age as "about 55 years"]
- EX-JUDGE BARNARD'S FUNERAL in NYT on May 1, 1879 [mentions coffin plate saying "Died April 27, 1879, aged 49 years."]
- Obituary Record of Graduates (Yale University, 1880; page 359) [gives birthyear "1829" and "died aged 50 years"]
- The Jubilee Anniversary Report of the Class of 1847, Yale University, 1847-1897 (page 14) [gives birthdate "January 19, 1828"]
- On This Day: May 25, 1872 a cartoon showing the corrupt judges, originally from Harper's WeeklyHarper's WeeklyHarper's Weekly was an American political magazine based in New York City. Published by Harper & Brothers from 1857 until 1916, it featured foreign and domestic news, fiction, essays on many subjects, and humor...
- Thirty Years of New York Politics Up-to-date by Matthew Patrick Breen (Arno Press, 1974; pages 385ff, with portrait of Barnard)