36th New York State Legislature

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36th New York State Legislature
35th 37th
Old State Capitol at Albany NY.jpg
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1812 – June 30, 1813
Senate
Members32
PresidentLt. Gov. DeWitt Clinton (Dem.-Rep.)
Party controlClintonian (19-8-4)
Assembly
Members112
SpeakerJacob R. Van Rensselaer (Fed.)
Party controlFederalist (58-29-22)
Sessions
1stNovember 3 – 11, 1812
2ndJanuary 12 – April 13, 1813

The 36th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 3, 1812, to April 13, 1813, during the sixth 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.

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

Elections[]

The State election was held from April 28 to 30, 1812. Senator (Western D.) was re-elected. (Southern D.), Martin Van Buren (Middle D.), ( Eastern D.), , Archibald S. Clarke (both Western D.); and Assemblymen (Southern D.) and (Western D.) were also elected to the Senate. Jones, Radcliff and Wendell were Federalists, the other five were Democratic-Republicans.

On May 28, a caucus of Dem.-Rep. legislators nominated DeWitt Clinton for U.S. president. On June 18, the United States declared War against Great Britain. The Federalists opposed the war; the Democratic-Republican Party split into two factions: the Clintonians (supporters of DeWitt Clinton and mostly opposed to the war) and the Madisonians (supporters of President James Madison and the war).

In September 1812, State Treasurer David Thomas was arrested in Chenango County on a warrant issued by Supreme Court Justice Ambrose Spencer, and tried before Justice William W. Van Ness, for an attempt to bribe State Senator to vote for the chartering of the during the previous session of the Legislature, but was acquitted by the jury. At the same time, Solomon Southwick was tried in Montgomery County before Chief Justice James Kent, for an attempt to bribe Alexander Sheldon, then Speaker of the Assembly, for the same purpose, but was also found not guilty.[2]

Sessions[]

The Legislature met at the Old State Capitol in Albany on November 3, 1812, to elect presidential electors; and adjourned on November 11.

Jacob R. Van Rensselaer (Fed.) was elected Speaker with 58 votes against 46 for William Ross (Dem.-Rep.). (Fed.) was again elected Clerk of the Assembly with 57 votes against 46 for John F. Bacon (Dem.-Rep.).

Although the Democratic-Republicans had a small majority on joint ballot, and should have supported the party's caucus nominee, the Madisonians refused to support Clinton. The Assembly nominated Federalist electors (vote: Fed. 58, Clinton 29, Madison 22). The Senate nominated Clintonian electors (vote: Clinton 19, Fed. 9, Madison 4). On November 9, 1812, the Legislature proceeded to a joint ballot and elected the Clintonian ticket with a vote of 74 to 45, the Madisonians cast 28 blank ballots.[3] The 29 electors chosen were: Joseph C. Yates, Simeon De Witt, Archibald McIntyre, , Gurdon S. Mumford, , Philip Van Cortlandt, , , John Woodworth, , , , , , , , , , , , , , Thomas H. Hubbard, John Russell, , , and . They cast their votes for DeWitt Clinton and Jared Ingersoll.

The Legislature met for the regular session on January 12, 1813; and the Assembly adjourned on April 12, the Senate on April 13.

On January 12, the Federalist majority of the Assembly elected a new Council of Appointment which removed almost all Democratic-Republican office-holders.

On February 2, the Legislature elected Rufus King (Fed.) to succeed John Smith (Dem.-Rep.) as U.S. Senator from New York for a term beginning on March 4, 1813.

On February 10, the Legislature elected Charles Z. Platt (Fed.) to succeed David Thomas (Dem.-Rep.) as New York State Treasurer.

State Senate[]

Districts[]

  • The Southern District (5 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties.
  • The Middle District (7 seats) consisted of Dutchess, Orange, Ulster, Columbia, Delaware, Rockland, Greene and Sullivan counties.
  • The Eastern District (8 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex, Montgomery, Franklin and Schenectady counties.
  • The Western District (12 seats) consisted of Herkimer, Ontario, Otsego, Tioga, Onondaga, Schoharie, Steuben, Chenango, Oneida, Cayuga, Genesee, Seneca, Jefferson, Lewis, St. Lawrence, Allegany, Broome, Madison, Niagara, Cortland, Cattaraugus and Chautauqua 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. Peter W. Radcliff and Henry Hager changed from the Assembly to the Senate.

District Senators Term left Party Notes
Southern * 1 year Dem.-Rep.
* 2 years Dem.-Rep.
Nathan Sanford* 3 years Dem.-Rep. also United States Attorney for the District of New York
4 years Federalist
* 4 years Federalist elected to the Council of Appointment
Middle Johannes Bruyn* 1 year Dem.-Rep.
* 1 year Dem.-Rep.
Morgan Lewis* 2 years Dem.-Rep.
James W. Wilkin* 2 years Dem.-Rep. elected to the Council of Appointment
Erastus Root* 3 years Dem.-Rep.
* 3 years Dem.-Rep.
Martin Van Buren 4 years Dem.-Rep. until March 19, 1813, also Surrogate of Columbia Co.
Eastern * 1 year Federalist
* 1 year Federalist elected to the Council of Appointment
*[4] 2 years Dem.-Rep.
* 3 years Dem.-Rep.
* 3 years Dem.-Rep.
* 3 years Dem.-Rep.
John Tayler* 3 years Dem.-Rep.
4 years Federalist
Western * 1 year Federalist
* 1 year Federalist
Jonas Platt* 1 year Federalist elected to the Council of Appointment
Reuben Humphrey* 2 years Dem.-Rep.
*[5] 2 years Dem.-Rep.
Philetus Swift* 2 years Dem.-Rep.
* 2 years Dem.-Rep.
* 3 years Dem.-Rep.
4 years Dem.-Rep.
* 4 years Dem.-Rep.
Archibald S. Clarke 4 years Dem.-Rep.
* 4 years Dem.-Rep.

Employees[]

  • Clerk:

State Assembly[]

Districts[]

  • Albany County (4 seats)
  • Allegany and Steuben counties (1 seat)
  • Broome County (1 seat)
  • Cattaraugus, Chautauqua and Niagara counties (1 seat)
  • Cayuga County (3 seats)
  • Chenango County (3 seats)
  • Clinton and Franklin counties (1 seat)
  • Columbia County (4 seats)
  • Cortland County (1 seat)
  • Delaware County (2 seats)
  • Dutchess County (6 seats)
  • Essex County (1 seat)
  • Genesee County (1 seat)
  • Greene County (2 seats)
  • Herkimer County (3 seats)
  • Jefferson County (2 seats)
  • Kings County (1 seat)
  • Lewis County (1 seat)
  • Madison County (3 seats)
  • Montgomery County (5 seats)
  • The City and County of New York (11 seats)
  • Oneida County (5 seats)
  • Onondaga County (2 seats)
  • Ontario County (5 seats)
  • Orange County (4 seats)
  • Otsego County (4 seats)
  • Queens County (3 seats)
  • Rensselaer County (4 seats)
  • Richmond County (1 seat)
  • Rockland County (1 seat)
  • St. Lawrence County (1 seat)
  • Saratoga County (4 seats)
  • Schenectady County (2 seats)
  • Schoharie County (2 seats)
  • Seneca County (1 seat)
  • Suffolk County (3 seats)
  • Sullivan and Ulster counties (4 seats)
  • Tioga County (1 seat)
  • Washington County (5 seats)
  • Westchester County (3 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
Federalist
Abraham Van Vechten* Federalist from February 13, 1813, also New York Attorney General
Allegany
and Steuben
*
Broome * Dem.-Rep.
Cattaraugus,
Chautauqua
and Niagara
Dem.-Rep.
Cayuga Dem.-Rep.
* Dem.-Rep.
Dem.-Rep.
Chenango
Dem.-Rep.
Clinton and
Franklin
Federalist
Columbia Federalist death announced on January 27, 1813
Federalist
Jacob R. Van Rensselaer* Federalist elected Speaker;
from February 23, 1813, also Secretary of State of New York
Federalist
Cortland *
Delaware Robert Clark Dem.-Rep.
Dutchess *
Federalist
*
Isaac Bryan*
* Federalist
*
Essex
Genesee Dem.-Rep.
Greene John Adams Federalist
Federalist
Herkimer Dem.-Rep.
Dem.-Rep.
* Dem.-Rep.
Jefferson Clark Allen Federalist
Egbert Ten Eyck Federalist
Kings * Dem.-Rep.
Lewis
Madison Dem.-Rep.
Federalist
Dem.-Rep.
Montgomery death announced January 29, 1813
Daniel Cady Federalist from February 28 to April 6, 1813, also District Attorney of the 5th D.
[6] Federalist
New York * Federalist
* Federalist
Josiah Ogden Hoffman Federalist from February 8, 1813, also Recorder of New York City
Samuel Jones Jr.* Federalist
* Federalist
* Federalist
* Federalist
* Federalist
Oneida
* Federalist
* Federalist
Onondaga Dem.-Rep.
Dem.-Rep.
Ontario
Dem.-Rep.
*
Dem.-Rep.
Orange John Blake Jr.
Dem.-Rep.
William Ross* Dem.-Rep.
Otsego
Federalist
Queens * Federalist
* Federalist
Federalist or Daniel*?
Rensselaer Federalist
Federalist
Richmond James Guyon, Jr.* Dem.-Rep.
Rockland * Dem.-Rep.
St. Lawrence Roswell Hopkins* Federalist
Saratoga
John W. Taylor* Dem.-Rep. in December 1812, elected to the 13th United States Congress
Schenectady Dem.-Rep.
Federalist
Schoharie Dem.-Rep.
Seneca James McCall
Suffolk Henry Rhodes
Sullivan
and Ulster
* Dem.-Rep.
* Dem.-Rep.
* Dem.-Rep.
* Dem.-Rep.
Tioga
Washington Federalist
Dem.-Rep.
Dem.-Rep.
Ebenezer Russell Federalist
Federalist
Westchester Federalist
Abraham Miller* Dem.-Rep.
vacant

Employees[]

  • Clerk:
  • Sergeant-at-Arms: Thomas Donnelly
  • Doorkeeper: Benjamin Whipple

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. ^ see Hammond, pg. 317f
  3. ^ This result has more votes (147) than there were seats in the Legislature (144), it is unclear where the mistake is.
  4. ^ Henry Yates (1770–1854), brother of Gov. Joseph C. Yates, see bio in Schenectady History
  5. ^ Nathan Smith (c. 1769 – 1836), of Fairfield, First Judge of the Herkimer County Court 1814–21; see bio in A History of Herkimer County by Nathaniel S. Benton (pages 357ff)
  6. ^ Richard Van Horne (c. 1770 – March 12, 1823, Danube)

Sources[]

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