New York State Secretary of State Record of Commissions, Dedimus Potestatem, Supersedeas, Pardons, and Other Executive Actions
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Overview of the Records
Repository:
New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230
Summary:
The series consists of commissions and discharges issued for all appointive positions as well as pardons issued by the governor.
The series was generated by the colonial governor, and after the organization of the state, the council of appointment. The
bulk of the series records commissions and appointments; pardons and discharges appear sporadically.
Creator:
Title:
Record of commissions, dedimus potestatem, supersedeas, pardons, and other executive actions
Quantity:
14.6 cubic feet
33 volumes, 1 parchment document
Inclusive Dates:
1769-1827
Series Number:
A1854
Arrangement
Chronological.
Administrative History
Early commissions were recorded by the secretary of the Colony of New York. Chapter 12 of the Laws of 1778 appointed the secretary
of state the clerk of the Council of Appointment. The 1821 state constitution abolished the council, and its powers were transferred
to the governor.
Scope and Content Note
The series consists of commissions and discharges issued for all appointive positions as well as pardons issued by the governor.
Supersedeas is the official discharge of a civil officer from his office. Dedimus potestatem (translated from the Latin as
"we give power") is the executive's grant of authority to another author to administer oaths of office. The series was generated
by the colonial governor and, after the organization of the state, the council of appointment. The bulk of the series records
commissions and appointments; pardons and discharges appear sporadically.
A1854-22: This single document is an original governor's commission to the Supreme Court justices and to county justices of
the peace to hold a regular criminal court in a county ("court of oyer and terminer," i.e. "hear and determine"), where all
manner of offenses would be inquired into and tried, and persons detained in the county jail would be produced in court for
trial ("delivery of the gaol"). One or more of the Supreme Court justices would have sat with a few of the local justices
to comprise the bench for trials of felonies and misdemeanors committed in the county. A Supreme Court justices would have
presided.
Commission of oyer and terminer and general gaol delivery, signed by New York Governor Henry Moore ("Moore"), attested by
the Secretary, George Clarke, Jr. ("Clarke"), dated June 10, 1769. Commission is directed to Daniel Horsmanden, the chief
justice, and the four assistant justices (named) of the Supreme Court of Judicature; and to the ten justices of the peace
in Dutchess County (named). The commission grants to the named justices legal authority to hold a court of oyer and terminer
and general gaol delivery in Dutchess County. Document is endorsed "Dutchess County 1769.
Related Material
B0047 Records of supersedeas, contains records of supersedeas dating 1813-1881.
Other Finding Aids
Available at Repository
Indexes are available for original volume numbers (on spine) 6-17, 20, 22, 24, 25, and 28.
Custodial History
The series originally consisted of 38 volumes dating from 1680 to 1822, but volumes 1, 2, 4, and 5 were destroyed in the 1911
New York State Capitol fire and only fragments of volume 3 (1702-1750) were salvaged. The surviving records were transferred
to the State Library in 1925. The series was transferred to the State Archives and accessioned in 1978.
A1854-22: This document was gifted to the New York State Archives by a private individual. All the retained copies of such
commissions retained by the provincial secretary were destroyed in the New York capitol fire of 1911. Only pre-fire manuscript
and typescript abstracts of such commissions remain as evidence of governors' commissions and appointments in New York's colonial
period. The wording of such commissions and appointments was not preserved. This document is generally important because it
contains the complete legal wording of a late colonial commission of oyer and terminer. This particular commission has special
interest because in the later 1760s Dutchess County was the scene of considerable strife between landlords and tenants, which
resulted in numerous criminal trials.
Access Restrictions
A1854-22: Restricted due to the fragile condition of the material.
Access Terms
Geographic Name(s):
Subject(s):
Function(s):
Detailed Description
| Dates |
Contents |
Box |
Volume |
Accretion: A1854-78 |
| 1770-1789 |
Commissions under the Colonial and State Seal; Pardons (Old Vol. 6) |
1 |
1 |
| 1778-1827 |
Commissions to Hold Courts of Oyer and Terminer (Old Vol. 7) |
2 |
2 |
| 1789-1793 |
Miscellaneous Commissions and Pardons (Old Vol. 8) |
3 |
3 |
| 1793-1797 |
Miscellaneous Commissions and Pardons (Old Vol. 9) |
3 |
4 |
| 1797-1801 |
Miscellaneous Commissions (Old Vol. 10) |
4 |
5 |
| 1798-1803 |
Coroners Commissions (Old Vol. 11) |
4 |
6 |
| 1798-1809 |
Dedimus Potestatem (Old Vol. 12) |
4 |
7 |
| 1798-1804 |
SPecial Peace Commissions (Old Vol. 13) |
5 |
8 |
| 1798-1808 |
Auctioneers Commissions (Old Vol. 14) |
5 |
9 |
| 1798-1810 |
Judges and Justices (Old Vol. 15) |
5 |
10 |
| 1799-1817 |
Sheriffs Commissions (Old Vol. 16) |
6 |
11 |
| 1799-1801 |
Commissioners of Taxes (Old Vol. 17) |
6 |
12 |
| 1800-1801 |
Superintendent of Highways (Old Vol. 18) |
6 |
13 |
| 1801-1810 |
Miscellaneous Commissions (Old Vol. 19) |
6 |
14 |
| 1801-1812 |
Assistant Justices (Old Vol. 20) |
6 |
15 |
| 1801-1814 |
Supersedeas of Sheriffs (Old Vol. 21) |
7 |
16 |
| 1801-1806 |
Miscellaneous Commissions (Old Vol. 22) |
7 |
17 |
| 1803-1813 |
Coroners Commissions (Old Vol. 23) |
8 |
18 |
| 1804-1811 |
Justices of the Peace (Old Vol. 24) |
9 |
19 |
| 1806-1826 |
Miscellaneous Commissions and Supersedeas (Old Vol. 25) |
10 |
20 |
| 1808-1817 |
Auctioneers Commissions (Old Vol. 26) |
11 |
21 |
| 1810-1815 |
Miscellaneous Commissions (Old Vol. 27) |
11 |
22 |
| 1811-1814 |
Justices (Old Vol. 28) |
12 |
23 |
| 1811-1815 |
Judges and Justices (Old Vol. 29) |
12 |
24 |
| 1813-1820 |
Coroners Commissions (Old Vol. 30) |
12 |
25 |
| 1815-1821 |
Judges and Justices (Old Vol. 31) |
13 |
26 |
| 1815-1822 |
Sheriffs Commissions (Old. Vol. 32) |
13 |
27 |
| 1815-1819 |
Miscellaneous Commissions (Old Vol. 33) |
14 |
28 |
| 1816-1820 |
Judges and Justices (Old Vol. 34) |
14 |
29 |
| 1818-1822 |
Commissioners of Deeds (Old Vol. 35) |
15 |
30 |
| 1818-1822 |
Sheriffs Commissions (Old. Vol. 36) |
15 |
31 |
| 1818-1822 |
Auctioneers Commissions (Old Vol. 37) |
16 |
32 |
| 1819-1822 |
Miscellaneous Commissions (Old Vol. 38) |
16 |
33 |
