31st New York State Legislature

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31st New York State Legislature
30th 32nd
Old Albany City Hall.png
The Old Albany City Hall (undated)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1807 – June 30, 1808
Senate
Members32
PresidentLt. Gov. John Broome (Clintonian)
Party controlClintonian
Assembly
Members100
SpeakerAlexander Sheldon (Clintonian)
Party controlClintonian
Sessions
1stJanuary 26 – April 11, 1808

The 31st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 26 to April 11, 1808, during the first year of Daniel D. Tompkins's governorship, in Albany.

Background[]

Under the provisions of the New York Constitution of 1777, amended by the Constitutional Convention of 1801, 32 Senators were elected on general tickets in the four senatorial districts for four-year terms. They were divided into four classes, and every year eight Senate seats came up for election. Assemblymen were elected countywide on general tickets to a one-year term, the whole Assembly being renewed annually.

In 1797, Albany was declared the State capital, and all subsequent Legislatures have been meeting there ever since. In 1799, the Legislature enacted that future Legislatures meet on the last Tuesday of January of each year unless called earlier by the governor.

State Senator resigned in 1807, leaving a vacancy in the Western District.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.[1]

In 1805, the 28th Legislature had chartered the which had been founded by Federalists in competition to the Democratic-Republican Bank of the Manhattan Company. The Democratic-Republican majority of the 27th Legislature had not only refused to grant a charter, but actually ordered the Merchant's Bank to shut down by May 1805. During the next session, the bank bribed enough legislators to have the charter approved, although the Democratic-Republican leaders advocated strongly against it. Gov. Morgan Lewis spoke out in favor of granting the charter[2] what was resented by the party leaders DeWitt Clinton and Ambrose Spencer, and soon led to the split of the party into "Lewisites" and "Clintonians".[3] The 30th Legislature had a Lewisite-Federalist majority and elected a Council of Appointment which removed most Clintonian office-holders. The Lewisites and the Federalists nominated Gov. Morgan Lewis for re-election and Thomas Storm as his running mate. The Clintonians nominated Supreme Court Justice Daniel D. Tompkins for governor, and the incumbent Lt. Gov. John Broome for re-election.

Elections[]

The State election was held from April 28 to 30, 1807. Tompkins and Broome were elected. For the first time in State history an incumbent governor ran for re-election and was defeated.

Senators DeWitt Clinton (Southern D.), (Middle D.) and John Tayler (Eastern D.) were re-elected. (Middle D.), , , (all three Eastern D.); and Assemblyman Alexander Rea (Western D.) were also elected to full terms in the Senate. William Floyd (Western D.) was elected to fill the vacancy. Brett and Williams were Lewisites, the other seven were Clintonians.

Sessions[]

The Legislature met at the Old City Hall in Albany on January 26, 1808; and adjourned on April 11.

Alexander Sheldon (Cl.) was again elected Speaker. (Cl.) was elected Clerk of the Assembly with 60 votes against 21 for the incumbent Gerrit Y. Lansing (Lew.).

On February 1, the Clintonian majority elected a new Council of Appointment which removed most Lewisite office-holders.

On February 5, the Legislature elected David Thomas (Cl.) to succeed Abraham G. Lansing (Lew.) as New York State Treasurer.

On February 8, 1808, State Senator Joseph C. Yates was appointed to the New York Supreme Court, leaving a vacancy in the Eastern District. The Legislature re-apportioned the Senate seats, and transferred one seat each from the Southern, the Middle and the Eastern (the vacant one) districts to the Western District.

On February 12, was elected Clerk of the Senate to succeed Solomon Southwick.

On April 1, 1808, the Legislature also re-apportioned the Assembly districts. The total number of assemblymen was increased from 100 to 112. Broome and Tioga were separated with 1 seat each. Allegany, Genesee and Ontario were separated with 1 seat for Genesee, 5 for Ontario and Allegany was joined with Steuben. Jefferson, Lewis and St. Lawrence were separated with 2 seats for Jefferson and 1 each for Lewis and St. Lawrence. Cayuga, Chenango, Madison and Onondaga gained 1 seat each; New York City and Oneida gained 2 each. Dutchess, Rensselaer, Washington and Westchester lost 1 seat each. Franklin County was split from Clinton County but remained in the same Assembly district. Niagara County was split from Genesee County, and had 1 seat in the Assembly.

State Senate[]

Districts[]

  • The Southern District (6 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties.
  • The Middle District (8 seats) consisted of Dutchess, Orange, Ulster, Columbia, Delaware, Rockland and Greene counties.
  • The Eastern District (9 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex and Montgomery counties.
  • The Western District (9 seats) consisted of Herkimer, Ontario, Otsego, Tioga, Onondaga, Schoharie, Steuben, Chenango, Oneida, Cayuga, Genesee, Seneca, Jefferson, Lewis, St. Lawrence, Allegany, Broome and Madison counties.
Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.

Members[]

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Alexander Rea changed from the Assembly to the Senate.

District Senators Term left Party Notes
Southern William Denning* 1 year Dem.-Rep./Lewisite in April 1808, elected to the 11th United States Congress
* 1 year Dem.-Rep./Clintonian elected to the Council of Appointment
* 1 year Dem.-Rep./Lewisite
Ezra L'Hommedieu* 2 years Dem.-Rep./Clintonian
Jonathan Ward* 3 years Dem.-Rep./Clintonian
DeWitt Clinton* 4 years Dem.-Rep./Clintonian from February 1808, also Mayor of New York City
Middle * 1 year Dem.-Rep.
* 1 year Dem.-Rep.
* 2 years Dem.-Rep./Clintonian elected to the Council of Appointment
* 2 years Dem.-Rep./Lewisite
3 years Dem.-Rep./Lewisite
* 3 years Dem.-Rep./Lewisite
* 4 years Dem.-Rep./Lewisite
4 years Dem.-Rep./Lewisite
Eastern * 1 year Dem.-Rep./Clintonian
Adam Comstock* 2 years Dem.-Rep./Clintonian
* 2 years Dem.-Rep./Clintonian elected to the Council of Appointment;
Joseph C. Yates* 2 years Dem.-Rep./Clintonian vacated his seat on February 8, 1808, upon
appointment to the New York Supreme Court
* 3 years Dem.-Rep./Lewisite
4 years Dem.-Rep./Clintonian
4 years Dem.-Rep./Clintonian
4 years Dem.-Rep./Clintonian
John Tayler* 4 years Dem.-Rep./Clintonian
Western William Floyd 1 year Dem.-Rep./Clintonian elected to fill vacancy, in place of
Jedediah Peck* 1 year Dem.-Rep.
* 2 years Dem.-Rep.
John Nicholas* 2 years Dem.-Rep./Lewisite
* 3 years Dem.-Rep./Clintonian
* 3 years Dem.-Rep./Clintonian
* 3 years Dem.-Rep./Clintonian
*[4] 3 years Dem.-Rep./Clintonian elected to the Council of Appointment
Alexander Rea* 4 years Dem.-Rep./Clintonian

Employees[]

  • Clerk: Solomon Southwick
    • , from February 12, 1808

State Assembly[]

Districts[]

  • Albany County (6 seats)
  • Allegany, Genesee and Ontario counties (3 seats)
  • Broome and Tioga counties (1 seat)
  • Cayuga County (2 seats)
  • Chenango County (2 seats)
  • Clinton County (1 seat)
  • Columbia County (4 seats)
  • Delaware County (2 seats)
  • Dutchess County (7 seats)
  • Essex County (1 seat)
  • Greene County (2 seats)
  • Herkimer County (3 seats)
  • Jefferson, Lewis and St. Lawrence counties (1 seat)
  • Kings County (1 seat)
  • Madison County (2 seats)
  • Montgomery County (5 seats)
  • The City and County of New York (9 seats)
  • Oneida County (3 seats)
  • Onondaga County (2 seats)
  • Orange County (4 seats)
  • Otsego County (4 seats)
  • Queens County (3 seats)
  • Rensselaer County (5 seats)
  • Richmond County (1 seat)
  • Rockland County (1 seat)
  • Saratoga County (4 seats)
  • Schoharie County (2 seats)
  • Seneca County (1 seat)
  • Steuben County (1 seat)
  • Suffolk County (3 seats)
  • Ulster County (4 seats)
  • Washington County (6 seats)
  • Westchester County (4 seats)
Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.

Assemblymen[]

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

District Assemblymen Party Notes
Albany Federalist
* Federalist
Jonathan Jenkins
Stephen Van Rensselaer Federalist
Abraham Van Vechten Federalist until April 12, 1808, also Recorder of the City of Albany
* Federalist
Allegany,
Genesee
and Ontario
contested; seat vacated
Dem.-Rep. seated on January 29, 1808, in place of Amos Hall[5]
Philetus Swift* Dem.-Rep.
Broome
and Tioga
Federalist
Cayuga Elijah Price
Dem.-Rep.
Chenango
Obadiah German* Dem.-Rep./Clintonian
Clinton Dem.-Rep.
Columbia
Jacob R. Van Rensselaer Federalist
Federalist
Federalist
Delaware John T. More Federalist
Dem.-Rep.
Dutchess Dem.-Rep./Lewisite
Dem.-Rep./Lewisite
Dem.-Rep./Lewisite
Dem.-Rep./Lewisite
* Dem.-Rep./Lewisite
* Dem.-Rep./Lewisite
* Dem.-Rep./Lewisite
Essex Benjamin Pond Dem.-Rep.
Greene Coenradt T. Houghtaling
Federalist
Herkimer Dem.-Rep./Clintonian
Dem.-Rep./Clintonian
Westel Willoughby, Jr. Dem.-Rep./Clintonian
Jefferson,
Lewis and
St. Lawrence
Kings * Dem.-Rep.
Madison Federalist
* Dem.-Rep.
Montgomery Dem.-Rep.
* Dem.-Rep.
Alexander Sheldon* Dem.-Rep./Clintonian elected Speaker
*
New York * Dem.-Rep.
* Dem.-Rep.
William W. Gilbert* Dem.-Rep.
Henry Rutgers* Dem.-Rep.
Solomon Townsend
* Dem.-Rep.
Dem.-Rep.
Oneida Thomas R. Gold Federalist in April 1808, elected to the 11th United States Congress
Federalist
Benjamin Wright
Onondaga Federalist unsuccessfully contested by (Dem.-Rep.)[6]
Dem.-Rep.
Orange William Ross Dem.-Rep.
Dem.-Rep.
James W. Wilkin Dem.-Rep.
Otsego Dem.-Rep.
* Dem.-Rep.
* Dem.-Rep.
* Dem.-Rep.
Queens Dem.-Rep.
Dem.-Rep.
* Dem.-Rep.
Rensselaer James L. Hogeboom Dem.-Rep./Lewisite until March 10, 1808, also
First Judge of the Rensselaer County Court
* Dem.-Rep.
Dem.-Rep.
vacant
Richmond David Mersereau* Dem.-Rep.
Rockland * Dem.-Rep./Clintonian
Saratoga * Dem.-Rep.
Dem.-Rep.
* Dem.-Rep.
Schoharie * Dem.-Rep.
* Dem.-Rep.
Seneca Dem.-Rep./Lewisite
Steuben Federalist
Suffolk * Dem.-Rep.
Dem.-Rep.
Dem.-Rep.
Ulster Federalist
Washington * Dem.-Rep./Clintonian
Dem.-Rep./Clintonian
Dem.-Rep./Clintonian
* Dem.-Rep./Clintonian
Dem.-Rep./Clintonian
Dem.-Rep./Clintonian
Westchester
Joel Frost Dem.-Rep.
Dem.-Rep.

Employees[]

Notes[]

  1. ^ The Anti-Federalists called themselves "Republicans." However, at the same time, the Federalists called them "Democrats" which was meant to be pejorative. After some time both terms got more and more confused, and sometimes used together as "Democratic Republicans" which later historians have adopted (with a hyphen) to describe the party from the beginning, to avoid confusion with both the later established and still existing Democratic and Republican parties.
  2. ^ Lewis put thus his personal opinion above party discipline. He had been Chief Justice and was wealthy beyond corruptibility—nobody ever accused him of taking a bribe—and formed his opinion on legal and technical grounds. On the other side, he had been elected governor with the help of a minority of Federalists against his party-splitting opponent Aaron Burr.
  3. ^ see Hammond, pg. 219f
  4. ^ Nathan Smith (ca. 1769-1836), of Fairfield, First Judge of the Herkimer County Court 1814-1821; see bio in A History of Herkimer County by Nathaniel S. Benton (pages 357ff)
  5. ^ see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 22f)
  6. ^ see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 24f)

Sources[]

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