Egbert Benson (June 21, 1746 – August 24, 1833) was an American lawyer, jurist, politician and
Founding Father who represented
New York State
New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
in the
Continental Congress,
Annapolis Convention, and
United States House of Representatives
The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
. He served as a member of the New York constitutional convention in 1788 which ratified the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
. He also served as the first
attorney general of New York, chief justice of the
New York Supreme Court
The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
, and as the
chief United States circuit judge of the
United States circuit court for the second circuit.
Education and career
Benson's ancestor, Dirck Benson, who settled in
New Amsterdam
New Amsterdam (, ) was a 17th-century Dutch Empire, Dutch settlement established at the southern tip of Manhattan Island that served as the seat of the colonial government in New Netherland. The initial trading ''Factory (trading post), fac ...
in 1649, was the founder of the Benson family in America.
[Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control, manuscript collection finding aid, Archives at Queens Library: "Genealogical Notes" Folder: 179/2 1934: Benson, Arthur D. "Some Data of the Descendents of Dirck Bensing or Bensingh (Benson) of Amsterdam and Groningen, Netherlands, who settled in New Amsterdam (New York City) in 1648. He was born in ]Groningen
Groningen ( , ; ; or ) is the capital city and main municipality of Groningen (province), Groningen province in the Netherlands. Dubbed the "capital of the north", Groningen is the largest place as well as the economic and cultural centre of ...
, Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
. 1934. Egbert Benson was born in
New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
in the
Province of New York
The Province of New York was a British proprietary colony and later a royal colony on the northeast coast of North America from 1664 to 1783. It extended from Long Island on the Atlantic, up the Hudson River and Mohawk River valleys to ...
, the son of Robert Benson (1715–1762) and Catherine (Van Borsum) Benson (1718–1794). The Benson family was one of the earliest Dutch families to have settled in
Manhattan
Manhattan ( ) is the most densely populated and geographically smallest of the Boroughs of New York City, five boroughs of New York City. Coextensive with New York County, Manhattan is the County statistics of the United States#Smallest, larg ...
.
[Guide to the Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control # B-1]
In a letter written to Arthur D. Benson, Egbert Benson lived at the corner of Puntine and Fulton streets in the home of William Puntine.
[Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control, manuscript collection finding aid, Archives at Queens Library: "Correspondence" Folder: 179/1 1938–1939: "Letter to Mr. Arthur D. Benson." 29 OCT. 1938.] His home was one of the centers of cultural life in New York City.
Benson lived with his maternal grandmother, a widow who lived on
Broad Street (Manhattan), Broad Street, at the corner of Beaver, during the early part of his life.
[Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control, manuscript collection finding aid, Archives at Queens Library: "Genealogical Notes" Folder: 179/2 1934: Benson, Arthur D. "Alderman Benson's Memoir of the Benson Family: Alderman Benson's Paper on the Benson Family".]
Benson was taught in
Dutch, and he learned his
catechism
A catechism (; from , "to teach orally") is a summary or exposition of Catholic theology, doctrine and serves as a learning introduction to the Sacraments traditionally used in catechesis, or Christian religious teaching of children and adult co ...
in that language.
Upon reaching a suitable age, Benson attended the
Collegiate School, a school of repute, and prepared himself for college.
During this time, he was guided and assisted by Reverend Doctor Barclay, rector of
Trinity Church.
He was privately educated, then attended King's College (now
Columbia University
Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
), graduating in 1765.
He
read law, was admitted to the bar and moved to
Red Hook in
Dutchess County, New York.
[ He practiced law both there and in New York City.][ Benson was also honored by ]Harvard University
Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
and Dartmouth College
Dartmouth College ( ) is a Private university, private Ivy League research university in Hanover, New Hampshire, United States. Established in 1769 by Eleazar Wheelock, Dartmouth is one of the nine colonial colleges chartered before the America ...
.
A relative of Benson's was Benjamin Benson, a Revolutionary War soldier and member of the committee of correspondence. He signed one of the Articles of Association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document that, along with the memorandum of association (where applicable), forms the company's constitution. The ...
, or "Association Test", which was preliminary to the Declaration of Independence, at Haverstraw, New York, in May 1775. Egbert Benson was the brother of Lieutenant Colonel Robert Benson and Captain Henry Benson, who commanded an armed vessel in the Revolution.
Benson owned slaves; in the 1790 census, he was recorded as having one slave, and in the 1800 census, two slaves. Despite his personal ownership of slaves, he was involved in the anti-slavery New York Manumission Society.
Political and judicial service
Towards the start of the American Revolutionary War, Benson approved the course of the Sons of Liberty and gave up, in a measure, his professional prospects then brightly opening and devoted himself to his country. He aided the Sons of Liberty, who were in Dutchess County where Benson, as a part of his first efforts, gave proper directions to the political meetings. When the British occupied New York City in 1776, Benson remained in Dutchess County for several years. From 1777 to 1781, Benson served as a member of the New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits.
The Ass ...
and drafted every important bill passed there in during the Revolution.[Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control, manuscript collection finding aid, Archives at Queens Library: "Genealogical Notes" folder 179/2 1934: Benson, Arthur D. "Alderman Benson's Memoir of the Benson Family: Mr. Van Schaack's Additional Paper.] The county made him the president of their committee of safety and in 1777 sent him to the revolutionary New York State Assembly. When the first state government was organized, Benson was appointed the first New York attorney general and served until 1788.[ He was elected to the Assembly annually until 1781 and again in 1788.][
New York sent Benson as a delegate to the Continental Congress in 1784.] Although he was reappointed in 1785, he did not attend sessions. In 1786, he was named by the Legislature to accompany Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
as a delegate to the Annapolis Convention, which issued a call for the United States Constitutional Convention held the following year. He returned to the Congress in 1787 and 1788, and in 1788 attended the New York state convention that ratified the United States Constitution.
When the new federal government was established, Benson was elected from New York's 3rd congressional district to the United States House of Representatives of the 1st and 2nd United States Congress
The 2nd United States Congress, consisting of the United States Senate and the United States House of Representatives, met at Congress Hall in Philadelphia, Pennsylvania, from March 4, 1791, to March 4, 1793, during the third and fourth years ...
es, serving from March 4, 1789, to March 3, 1793. In 1794, Benson was appointed a justice of the New York Supreme Court
The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
, a position he held until 1801.
Benson was part of the three-man commission that decided the location of the St. Croix River in 1798. He was nominated by President John Adams
John Adams (October 30, 1735 – July 4, 1826) was a Founding Fathers of the United States, Founding Father and the second president of the United States from 1797 to 1801. Before Presidency of John Adams, his presidency, he was a leader of ...
on February 18, 1801, to the United States Circuit Court for the Second Circuit, to the new chief judge seat authorized by . He was confirmed by the United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on February 20, 1801, and received his commission the same day. His service terminated on July 1, 1802, due to abolition of the court.
Later life
Benson returned to the private practice of law in New York City in 1802. He joined other civic leaders to found the New-York Historical Society and served as its first president from 1804 to 1816. He was the author of several books, including ''Vindication of the Captors of Major Andre'', defending the three American Patriots who captured the spy Major John André, which led to the discovery of the plot to surrender West Point
The United States Military Academy (USMA), commonly known as West Point, is a United States service academies, United States service academy in West Point, New York that educates cadets for service as Officer_(armed_forces)#United_States, comm ...
to the British by Benedict Arnold
Benedict Arnold (#Brandt, Brandt (1994), p. 4June 14, 1801) was an American-born British military officer who served during the American Revolutionary War. He fought with distinction for the American Continental Army and rose to the rank of ...
.
In 1812, Benson was again elected from New York's 2nd congressional district to the United States House of Representatives of the 13th United States Congress
The 13th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1813 ...
as a Federalist but served only five months before he resigned on August 2, 1813.[ In December 1813, Benson was elected a member of the American Antiquarian Society.]
Benson's writings include ''A Biographical Sketch of Gouverneur Morris'' (published in November 1816), and ''Brief Remarks on the 'Wife' of Washington Irving'' (published in 1819). Benson also wrote and published in the ''New York American'' a series of able and highly interesting articles, in condemnation of what he regarded as the absurd and anti-Christian practice of calling the first day of the week the Sabbath
In Abrahamic religions, the Sabbath () or Shabbat (from Hebrew ) is a day set aside for rest and worship. According to the Book of Exodus, the Sabbath is a day of rest on the seventh day, Ten Commandments, commanded by God to be kept as a Holid ...
.
Benson married late in life, on May 17, 1820, to Maria Conover (1796–1867). He died on August 24, 1833, in Jamaica
Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...
, Queens
Queens is the largest by area of the Boroughs of New York City, five boroughs of New York City, coextensive with Queens County, in the U.S. state of New York (state), New York. Located near the western end of Long Island, it is bordered by the ...
, and is buried in the Prospect Cemetery there.[ His grave has been designated by a historical marker.]
Descendants and legacy
Egbert's oldest brother was clerk of the New York State Senate, Robert Benson (1739–1823), father of his namesake, Egbert Benson.
According to manuscripts and notes found in the Arthur D. Benson manuscript collection at Queens Library, Benson's name was engraved on a bronze tablet on the Butterick Building on 6th Avenue and Spring Street in New York City; this tablet was placed there by the Greenwich Village Historical Society. Hevelyn D. Benson, great-grandnephew of Egbert Benson, sent Jerome D. Greene, director of Harvard's Trancentanery, seven photostats concerning Egbert Benson.[Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control, manuscript collection finding aid, Archives at Queens Library: "Correspondence" Folder: 179/1 1938–1939: Benson, Hevlyn Dirck. "Recognition Asked For N.Y. State's First Attorney General Buried on L.I." ''Brooklyn Daily Eagle''. June 21, 1936] Hevelyn Benson was also a member of the New York Historical Society, founded in 1804 by his ancestor, Egbert Benson. Benson also included a photostat of an article in ''The Eagle'' from September 16, 1935, which designated Egbert Benson as the man behind the Constitution. The state historical marker for Benson's grave was applied to Senator Thomas C. Desmond, a trustee of the New York State Historical Society, by Hevelyn Benson.
Notes
References
External links
Guide to the Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control, manuscript collection finding aid, Archives at Queens Library
Neither Separate Nor Equal: Congress in the 1790s
*
{{DEFAULTSORT:Benson, Egbert
1746 births
1833 deaths
Politicians from New York City
Lawyers from New York City
People from colonial New York
American politicians of Dutch descent
American members of the Dutch Reformed Church
Continental Congressmen from New York (state)
Pro-Administration Party members of the United States House of Representatives from New York (state)
Federalist Party members of the United States House of Representatives from New York (state)
New York State attorneys general
Members of the New York State Assembly
New York Supreme Court justices
Judges of the United States circuit courts
United States federal judges appointed by John Adams
United States federal judges admitted to the practice of law by reading law
Members of the United States House of Representatives who owned slaves
Abolitionists from New York City
18th-century American judges
Columbia College (New York) alumni
19th-century members of the New York State Legislature
19th-century members of the United States House of Representatives
18th-century members of the New York State Legislature