Egbert Benson (June 21, 1746 – August 24, 1833) was an American lawyer, jurist, and politician, who represented

New York State New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. sta ...

in the

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, Annapolis Convention, and

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. 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 supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

. He also served as the first

attorney general of New York The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government ...

, chief justice of the

New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...

, 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 ( nl, Nieuw Amsterdam, or ) was a 17th-century 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'' gave rise ...

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 (; gos, Grunn or ) is the capital city and main municipality of Groningen (province), Groningen province in the Netherlands. The ''capital of the north'', Groningen is the largest place as well as the economic and cultural centre of t ...

Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

. 1934. Egbert Benson was born 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 ...

in the

Province of New York The Province of New York (1664–1776) was a British proprietary colony and later royal colony on the northeast coast of North America. As one of the Middle Colonies, New York achieved independence and worked with the others to found the U ...

, 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 (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...

.Guide to the Arthur D. Benson Genealogical Notes and Correspondence Concerning Egbert Benson and the Benson Family 1938 Control # B-1

/ref> 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 Borad 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 language, Dutch, and he learned his

catechism A catechism (; from grc, κατηχέω, "to teach orally") is a summary or exposition of doctrine and serves as a learning introduction to the Sacraments traditionally used in catechesis, or Christian religious teaching of children and adul ...

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 (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 ...

), graduating in 1765. He

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 t ...

, was admitted to the bar and moved to Red Hook in

Dutchess County Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later or ...

, New York. He practiced law both there and in New York City. Benson was also honored by

Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of highe ...

and

Dartmouth College Dartmouth College (; ) is a private research university in Hanover, New Hampshire. Established in 1769 by Eleazar Wheelock, it is one of the nine colonial colleges chartered before the American Revolution. Although founded to educate Native ...

. A relative of Benson's was Benjamin Benson, a Revolutionary War soldier and member of the

committee of correspondence The committees of correspondence were, prior to the outbreak of the American Revolutionary War, a collection of American political organizations that sought to coordinate opposition to British Parliament and, later, support for American independe ...

. 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 which, along with the memorandum of association (in cases where it exists) form the company's constituti ...

, or "Association Test", which was preliminary to the

Declaration of Independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of th ...

, at

Haverstraw Haverstraw is a town in Rockland County, New York, United States, located north of the Town of Clarkstown and the Town of Ramapo; east of Orange County; south of the Town of Stony Point; and west of the Hudson River. The town runs from the w ...

, 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 The Sons of Liberty was a loosely organized, clandestine, sometimes violent, political organization active in the Thirteen American Colonies founded to advance the rights of the colonists and to fight taxation by the British government. It pl ...

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. He was also a representative in the

Second Continental Congress The Second Continental Congress was a late-18th-century meeting of delegates from the Thirteen Colonies that united in support of the American Revolutionary War. The Congress was creating a new country it first named "United Colonies" and in 1 ...

from 1780, and drew bills organizing the executive department of the United States. 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 Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charle ...

as a delegate to the Annapolis Convention, which issued a call for the

United States Constitutional Convention The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention f ...

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 New York's 3rd congressional district is a congressional district for the United States House of Representatives in the State of New York. It is represented by Democrat Tom Suozzi, who has been in office since 2017. In the 2022 election, Rep ...

to the United States House of Representatives of the

1st First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...

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 year ...

es, serving from March 4, 1789, to March 3, 1793. In 1794, Benson was appointed a justice of the

, 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 an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...

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 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 po ...

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 The New-York Historical Society is an American history museum and library in New York City, along Central Park West between 76th and 77th Streets, on the Upper West Side of Manhattan. The society was founded in 1804 as New York's first museum ...

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 John André (2 May 1750/1751''Gravesite–Memorial''
Westmi ...

, which led to the discovery of the plot to surrender

West Point The United States Military Academy (USMA), also known Metonymy, metonymically as West Point or simply as Army, is a United States service academies, United States service academy in West Point, New York. It was originally established as a f ...

to the British by

Benedict Arnold Benedict Arnold ( Brandt (1994), p. 4June 14, 1801) was an American military officer who served during the Revolutionary War. He fought with distinction for the American Continental Army and rose to the rank of major general before defect ...

. In 1812, Benson was again elected from

New York's 2nd congressional district New York's 2nd congressional district is a congressional district for the United States House of Representatives along the South Shore of Long Island, New York. It includes southwestern Suffolk County and a small portion of southeastern Nassa ...

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, 18 ...

as a

Federalist 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 ...

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, commanded by God to be kept as a holy day of rest, as ...

. 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 situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispa ...

Queens Queens is a borough of New York City, coextensive with Queens County, in the U.S. state of New York. Located on Long Island, it is the largest New York City borough by area. It is bordered by the borough of Brooklyn at the western tip of Long ...

, and is buried in the

Prospect Cemetery Glasnevin Cemetery ( ga, Reilig Ghlas Naíon) is a large cemetery in Glasnevin, Dublin, Ireland which opened in 1832. It holds the graves and memorials of several notable figures, and has a museum. Location The cemetery is located in Glasne ...

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 of the Province of New York American people 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 American slave owners Members of the New York Manumission Society Members of the American Antiquarian Society 18th-century American judges Columbia College (New York) alumni