John Treat Irving, first
Judge of the Court of Common
Pleas, was born in New York
City, May 26th, 1778, in the
quaint, gabled house his father
had erected on Vandewater
Street. His father, William
Irving, was a native of Kirkwall,
the capital of the Orkney
Islands, and of good lineage. He
followed the calling of a
navigator, and for many years
sailed on vessels engaged in
trade between the ports of New
York and Falmouth, England. In
Falmouth, he met and married
Sarah Sanders, a woman of rare
beauty and charm of character,
and two years later, in 1763,
finally settled in New York
City, where he established
himself in trade on William
Street, midway between Fulton
and John Streets. He was a man
of great decision, of a stern
type of piety and sense of duty
almost puritanical, and exerted
a strong disciplinary influence
over his sons. During the
Revolution his fervid patriotism
exposed him to
numerous dangers and
difficulties, and at one time he
was compelled to take refuge in
New Jersey.
His son John, like his other
brothers, was sent to private
schools in the neighborhood of
his home for the city was small
then and thinly settled and was
admitted to Columbia College.
Being graduated in 1798, he
immediately took up the study of
law, in which his marked natural
ability and devoted hard work
soon gained him a conspicuous
position. He was also active in
public affairs and during
1816-17 was a member of the
State Assembly.
Appointed in 1821 a Judge of the
Court of Common Pleas, he served
as First Judge, both in title
and in chronological order, till
his death in 1838, in all
seventeen years. He was
possessed of literary ability,
and in his earlier years
contributed extensively to the
columns of the Chronicle, edited
by his brother, Washington
Irving, gaining considerable
reputation by his poetical
attacks on political opponents.
The claims of his profession,
however, occupied his time and
attention in later years. From
1818 until his death he was a
trustee of Columbia. He was a
regular attendant, and for many
years a vestryman, of Trinity
Church, New York.
In his personal character he was
of unflinching integrity and
great refinement. He enjoyed the
respect of the community and was
a recognized leader in public
affairs. Judge Irving's wife was
Abby Furman, daughter of Gabriel
and Sarah (Wall) Furman, whom he
married April 28th, 1806. Judge
Irving died at his home, 37
Chambers Street, New York,
March, 15th, 1838. Upon his
death a marble tablet with his
bust, in relievo, and a suitable
inscription was placed in the
Court room. His son, John Treat
Irving, his grandson, the son of
John Treat Irving, Cortlandt
Irving, are to-day practicing
members of the bar. Another son,
Mr. George Irving, acted as one
of the secretaries on the
occasion of the final
proceedings of the Court on
December 3oth, 1895.
In his introduction to the first
of E. D. Smith's Reports, Chief
Justice Charles P. Daly says of
Judge Irving: "Asa Judge, he was
in many respects a model for
imitation. To the strictest
integrity and a strong love of
justice he united the most exact
and methodical
habits of business. Attentive,
careful, and painstaking, few
Judges in this State ever have
been more accurate, or perhaps
more generally correct in their
decisions. While presiding
at nisi prius, he was not what
would be termed a quick-minded
man; but when questions were
argued before him in bane, he
bestowed so much care and
considered each case so
attentively that his judgments
were rarely reversed, and were
uniformly treated by the Courts
of Revision with the greatest
respect."