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William Peter Van Ness (February 13, 1778 – September 6, 1826) was a
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the United States District Court for the District of New York and the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York ...
, also notable for serving as
Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician and lawyer who served as the third vice president of the United States from 1801 to 1805. Burr's legacy is defined by his famous personal conflict with Alexand ...
's
second The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds ...
in Burr's duel with Alexander Hamilton.


Education and career

Van Ness was born on February 13, 1778 in a portion of Claverack,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
that later became part of the town of
Ghent Ghent ( nl, Gent ; french: Gand ; traditional English: Gaunt) is a city and a municipality in the Flemish Region of Belgium. It is the capital and largest city of the East Flanders province, and the third largest in the country, exceeded in ...
Van Ness attended Washington Seminary graduated from Columbia College (now part of
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
) in 1797 and
read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
with
Edward Livingston Edward Livingston (May 28, 1764May 23, 1836) was an American jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. Livingston represented both ...
in 1800. He practiced in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
from 1800 to 1801. In 1801, Van Ness served as a delegate to the New York Constitutional Convention, which was called to amend the state constitution of 1777. He continued private practice in Albany, New York starting in 1801 and in
Hudson Hudson may refer to: People * Hudson (given name) * Hudson (surname) * Henry Hudson, English explorer * Hudson (footballer, born 1986), Hudson Fernando Tobias de Carvalho, Brazilian football right-back * Hudson (footballer, born 1988), Hudso ...
, New York, before resuming private practice in New York City until 1812.


Notable legal apprentice

Martin Van Buren completed his legal studies in Van Ness's office in 1802 and became an attorney in Columbia County, New York.


Relationship with Aaron Burr and participation in duel

Van Ness, a close friend of
Aaron Burr Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician and lawyer who served as the third vice president of the United States from 1801 to 1805. Burr's legacy is defined by his famous personal conflict with Alexand ...
, was an active participant in the 1800 presidential campaign as a vocal supporter of the
Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
candidates Burr for Vice President and
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
for President. Burr and Jefferson tied in the electoral college, and the election moved to the United States House of Representatives, where
Federalists The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...
wanted to defeat their great enemy, Jefferson, by electing Burr as President. Van Ness secretly supported the Federalist plan, but it failed, and Jefferson won the presidency, with Burr chosen for the vice presidency. In July 1804, Van Ness served as Aaron Burr's
second The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds ...
in Burr's duel with Alexander Hamilton. He and
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...
's second,
Nathaniel Pendleton Nathaniel Pendleton (October 27, 1756 – October 20, 1821) was a United States district judge of the United States District Court for the District of Georgia. Education and career Born on October 27, 1756, in New Kent County, Colony of Virgi ...
loaded the pistols, and were present when Burr fatally shot Hamilton.


Federal judicial service

Van Ness was nominated by President
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
on May 25, 1812, to the United States District Court for the District of New York, to a new seat authorized by 2 Stat. 719. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on May 26, 1812, and received his commission on May 27, 1812. Van Ness was reassigned by
operation of law The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...
to the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York ...
on April 9, 1814, to a new seat authorized by 3 Stat. 120. His service terminated on September 6, 1826, due to his death in New York City. He was interred in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
's Green-Wood Cemetery.


Embezzlement investigation

In 1818, the clerk of Van Ness' court, Theron Rudd, who had also worked for Judge
Matthias B. Tallmadge Matthias Burnett Tallmadge (March 1, 1774 – October 1, 1819) was a member of the New York State Assembly and the New York State Senate and a United States district judge of the United States District Court for the District of New York and the U ...
was accused of embezzling more than $100,000 (about $1.6 million in 2019) intended to pay court judgments. Upon being discovered, Rudd fled with the money. He later returned to the United States and was prosecuted. He was sentenced to 10 years of hard labor, and the US government obtained a judgment against him, but he never paid it and the money was never recovered. The investigation into Rudd's theft also considered the issue of Tallmadge's and Van Ness' culpability. Investigators later determined that while they might have been guilty of lax supervision, particularly Van Ness, since Tallmadge had been absent from court because of his extended illness, they were not involved in the theft and were not responsible for Rudd's actions.


Investigation into performance

Also in 1818, Congress appointed a special committee to look into the official conduct of Van Ness and his judicial colleague,
Matthias B. Tallmadge Matthias Burnett Tallmadge (March 1, 1774 – October 1, 1819) was a member of the New York State Assembly and the New York State Senate and a United States district judge of the United States District Court for the District of New York and the U ...
, who apparently did not work well together. The friction between them was largely responsible for the split of New York's district court into southern and northern districts in 1814. Tallmadge was assigned to the northern district, but his frequent ill health often required Van Ness to preside over both courts. The investigation considered whether Van Ness and Tallmadge were failing to capably perform their duties. The committee determined in February 1819 that Tallmadge had not always held court for the northern district on the dates required by law, but that this was not an impeachable offense. The committee took no further action, and Tallmadge's continued illness caused him to resign in July 1819.


Family and estate

Van Ness was born to Judge Peter Van Ness (1734–1804), a wealthy lawyer and farmer who owned the property in Kinderhook, New York, on which Van Ness constructed a mansion in 1797. Martin Van Buren later purchased the home and land and renamed the estate
Lindenwald Martin Van Buren National Historic Site is a unit of the United States National Park Service in Columbia County, New York, south of the village of Kinderhook, north of New York City and south of Albany. The National Historic Site preserv ...
. Peter Van Ness is buried on the Lindenwald estate. Van Ness's brothers included
United States Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
and Washington, D.C. Mayor John Peter Van Ness and Governor of Vermont
Cornelius P. Van Ness Cornelius Peter Van Ness (January 26, 1782 – December 15, 1852) was an American politician and diplomat who served as the tenth governor of Vermont from 1823 to 1826 and Envoy Extraordinary and Minister Plenipotentiary to the Kingdom of Spain f ...
. In 1800, Van Ness married Anne McEvers (1767–1829) in Red Hook. They were members of the
Dutch Reformed Church The Dutch Reformed Church (, abbreviated NHK) was the largest Christian denomination in the Netherlands from the onset of the Protestant Reformation in the 16th century until 1930. It was the original denomination of the Dutch Royal Family and ...
, and the parents of five children.


Author

Van Ness was the author of several political and judicial works, including: ''Examination of Charges against Aaron Burr'' (1803); ''The Laws of New York, with Notes,'' (with John Woodworth), (2 vols. 1813); ''Reports of Two Cases in the Prize Court for New York District'' (1814); and ''Concise Narrative of Gen. Jackson's First Invasion of Florida'' (1826).


In popular culture

Van Ness' role in the
Burr–Hamilton duel The Burr–Hamilton duel took place in Weehawken, New Jersey, between Aaron Burr, the Vice President of the United States, and Alexander Hamilton, the first and former Secretary of the Treasury, on the morning of July 11, 1804. The duel was the ...
is referenced in the musical ''
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...
'' as part of the song "
The World Was Wide Enough "The World Was Wide Enough" is the penultimate song from Act 2 of the musical ''Hamilton'', based on the life of Alexander Hamilton, which premiered on Broadway in 2015. Lin-Manuel Miranda wrote both the music and lyrics to the song. The song reco ...
".


References


Sources

*


External links

* {{DEFAULTSORT:Van Ness, William Peter 1778 births 1826 deaths William P. Burials at Green-Wood Cemetery Columbia College (New York) alumni New York (state) lawyers People from Claverack, New York American members of the Dutch Reformed Church Judges of the United States District Court for the District of New York Judges of the United States District Court for the Southern District of New York United States federal judges appointed by James Madison 19th-century American judges Claverack College alumni United States federal judges admitted to the practice of law by reading law