41st New York State Legislature

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41st New York State Legislature
40th 42nd
Old State Capitol at Albany NY.jpg
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1817 – June 30, 1818
Senate
Members32
PresidentLt. Gov. John Tayler (Dem.-Rep.)
Party controlDemocratic-Republican (27-5)
Assembly
Members126
SpeakerDavid Woods (Dem.-Rep.)
Party controlDemocratic-Republican
Sessions
1stJanuary 27 – April 21, 1818

The 41st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 27 to April 21, 1818, during the first year of DeWitt Clinton'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.

On February 24, 1817, Gov. Tompkins resigned, to take office as U.S. Vice President on March 4; and Lt. Gov. John Tayler became Acting Governor for the remainder of the legislative year, until June 30. On March 25, the Democratic-Republican State Convention nominated Canal Commissioner DeWitt Clinton for Governor, and Acting Gov. John Tayler for Lieutenant Governor. Clinton received 85 votes against 41 for Peter B. Porter (Buckt.). The Federalist Party did not nominate candidates for governor and lieutenant governor.

On April 6, 1817, State Senator Chauncey Loomis died, leaving a vacancy in the Western District.

On April 7, 1817, Tompkins County was created from parts of Cayuga and Seneca counties, and was apportioned two seats in the Assembly, one each taken from Cayuga and Seneca.[1]

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.[2] The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton and his Erie Canal project) and the Bucktails (led by Att. Gen. Martin Van Buren, and including the Tammany Hall organization in New York City).

Elections[]

The State election was held from April 29 to May 1, 1817. DeWitt Clinton and John Tayler were elected unopposed.

Senator (Southern D.) was re-elected. (Southern D.), Jabez D. Hammond, (both Middle D.), Roger Skinner, , Samuel Young (all three Eastern D.) and Assemblyman Isaac Wilson (Western D.) were also elected to full terms in the Senate. Assemblyman (Western D.) was elected to fill the vacancy. All nine were Democratic-Republicans.

Sessions[]

The Legislature met at the Old State Capitol in Albany on January 27, 1818, and adjourned on April 21.

David Woods (Dem.-Rep.) was re-elected Speaker with 97 votes.

Assemblyman (Buckt.) proposed a bill to call a State convention to amend the Constitution concerning the appointment of public officers, his object being the abolition of the Council of Appointment. The bill, opposed by Gov. DeWitt Clinton, was eventually rejected, but the issue was pursued further by the Bucktails, and led to the New York State Constitutional Convention of 1821, and a new Constitution.

On April 21, 1818, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year, unless called earlier by the governor.[3]

State Senate[]

Districts[]

  • The Southern District (6 seats) consisted of Dutchess, Kings, New York, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester counties.
  • The Middle District (9 seats) consisted of Albany, Chenango, Columbia, Delaware, Greene, Orange, Otsego, Schoharie, Sullivan and Ulster counties.
  • The Eastern District (8 seats) consisted of Clinton, Essex, Franklin, Herkimer, Jefferson, Lewis, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties.
  • The Western District (9 seats) consisted of Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Cortland, Genesee, Madison, Niagara, Oneida, Onondaga, Ontario, Seneca, Steuben, Tioga and Tompkins 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. Jediah Prendergast and Isaac Wilson changed from the Assembly to the Senate.

District Senators Term left Party Notes
Southern Darius Crosby* 1 year Dem.-Rep./Bucktail
Peter R. Livingston* 2 years Dem.-Rep./Bucktail elected to the Council of Appointment
Walter Bowne* 3 years Dem.-Rep./Bucktail
* 3 years Dem.-Rep./Bucktail
4 years Dem.-Rep./Bucktail
* 4 years Dem.-Rep./Bucktail
Middle Moses I. Cantine* 1 year Dem.-Rep./Bucktail
William Ross* 1 year Dem.-Rep./Clintonian
* 2 years Dem.-Rep./Bucktail
Abraham Van Vechten* 2 years Federalist
* 3 years Dem.-Rep./Clintonian
Peter Swart* 3 years Dem.-Rep./Clintonian
Martin Van Buren* 3 years Dem.-Rep./Bucktail also New York Attorney General
Jabez D. Hammond 4 years Dem.-Rep./Clintonian elected to the Council of Appointment
4 years Dem.-Rep./Clintonian
Eastern *[4] 1 year Dem.-Rep./Clintonian
George Tibbits* 1 year Federalist
* 2 years Federalist
* 2 years Federalist
* 2 years Federalist from June 11, 1818, also D.A. of Essex Co.
Roger Skinner 4 years Dem.-Rep./Bucktail also U.S. Attorney for the Northern District of New York
4 years Dem.-Rep. elected to the Council of Appointment
Samuel Young 4 years Dem.-Rep./Bucktail also an Erie Canal Commissioner
Western * 1 year Dem.-Rep.
*[5] 1 year Dem.-Rep. elected to fill vacancy, in place of Chauncey Loomis;
originally a Clintonian, joined the Bucktails after
he lost the vote for the full term[6]
Philetus Swift* 1 year Dem.-Rep.
* 2 years Dem.-Rep./Clintonian
Henry Seymour* 2 years Dem.-Rep./Bucktail elected to the Council of Appointment
Ephraim Hart* 3 years Dem.-Rep./Clintonian
* 3 years Dem.-Rep./Bucktail
* 3 years Dem.-Rep.
Isaac Wilson* 4 years Dem.-Rep./Bucktail

Employees[]

  • Clerk: John F. Bacon

State Assembly[]

Districts[]

  • Albany County (4 seats)
  • Allegany and Steuben counties (2 seats)
  • Broome County (1 seat)
  • Cattaraugus, Chautauqua and Niagara counties (2 seats)
  • 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 (5 seats)
  • Essex County (1 seat)
  • Genesee County (3 seats)
  • 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 (4 seats)
  • Ontario County (7 seats)
  • Orange County (4 seats)
  • Otsego County (5 seats)
  • Putnam County (1 seat)
  • Queens County (3 seats)
  • Rensselaer County (5 seats)
  • Richmond County (1 seat)
  • Rockland County (1 seat)
  • St. Lawrence County (1 seat)
  • Saratoga County (4 seats)
  • Schenectady County (2 seats)
  • Schoharie County (3 seats)
  • Seneca County (2 seats)
  • Suffolk County (3 seats)
  • Sullivan and Ulster counties (4 seats)
  • Tioga County (1 seat)
  • Tompkins County (2 seats)
  • Warren and Washington counties (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 William A. Duer* Federalist previously a member from Dutchess Co.
*
Stephen Van Rensselaer Federalist also an Erie Canal Commissioner
Allegany
and Steuben
James McCall Dem.-Rep. previously a member from Seneca Co.
William B. Rochester* Dem.-Rep.
Broome
Cattaraugus,
Chautauqua
and Niagara
Cayuga
Chenango Dem.-Rep.
Dem.-Rep. from June 11, 1818, also D.A. of Chenango Co.
Clinton and
Franklin
Federalist
Columbia
Walter Patterson Federalist
Cortland Samuel G. Hathaway
Delaware William Beach
Erastus Root Dem.-Rep./Bucktail
Dutchess Federalist
Thomas J. Oakley Federalist
Federalist
Federalist
John W. Wheeler Federalist
Essex Dem.-Rep.
Genesee Dem.-Rep.
Greene
Herkimer Nicoll Fosdick Dem.-Rep.
Aaron Hackley, Jr. Dem.-Rep. in April 1818, elected to the 16th United States Congress
* Dem.-Rep.
Jefferson *
Dem.-Rep.
Kings
Lewis
Madison
David Woods* Dem.-Rep. previously a member from Washington Co.;
re-elected Speaker
Montgomery Dem.-Rep.
* Dem.-Rep.
Dem.-Rep.
Dem.-Rep.
Dem.-Rep.
New York Cadwallader D. Colden Dem.-Rep./Bucktail[7] from February 18, 1818, also Mayor of New York City
Clarkson Crolius* Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
Cornelius Heeney* Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
Henry Meigs Dem.-Rep./Bucktail in April 1818, elected to the 16th United States Congress
Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
Peter Sharpe* Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
Michael Ulshoeffer Dem.-Rep./Bucktail
Oneida George Brayton Dem.-Rep.
Dem.-Rep./Clintonian
Joseph Kirkland Federalist
Nathan Williams Dem.-Rep. from June 11, 1818, also D.A. of Oneida Co.
Onondaga Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
* Dem.-Rep./Bucktail
Asa Wells* Dem.-Rep./Bucktail
Ontario
*
Orange
Dem.-Rep.
Otsego
Stukely Ellsworth
Dem.-Rep.
Putnam
Queens * Federalist
* Federalist
* Federalist
Rensselaer Federalist
Federalist contested by (Fed.)
who was seated on February 2, 1818
Federalist
Dem.-Rep.
Dem.-Rep.
Richmond *
Rockland Dem.-Rep.
St. Lawrence
Saratoga
Schenectady Dem.-Rep. from June 11, 1818, also D.A. of Albany Co.
Schoharie William C. Bouck Dem.-Rep.
Seneca vacant[8]
* Dem.-Rep.
Suffolk
[9]
Dem.-Rep.
Sullivan
and Ulster
David Staples
Tioga Gamaliel H. Barstow* Dem.-Rep. from June 22, 1818, also First Judge of the Tioga Co. Court
Tompkins
Warren and
Washington
Dem.-Rep.
Dem.-Rep.
John McLean Jr.
* Dem.-Rep.
Westchester Federalist
Benjamin Isaacs Federalist
Federalist

Employees[]

  • Clerk: Aaron Clark
  • Sergeant-at-Arms: Caleb Benjamin
  • Doorkeeper: Benjamin Whipple

Notes[]

  1. ^ Laws of the State of New York (40th Session; pg. 197ff)
  2. ^ 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.
  3. ^ Laws of the State of New York (41st Session, 1818; pg. 237
  4. ^ Dr. John Jeffrey Prendergast, physician, of Winfield, brother of State Senator ; see Prendergast genealogy
  5. ^ Dr. Jediah Prendergast (1766-1848), physician, of Chautauqua Co., brother of State Senator
  6. ^ see Hammond, pg. 463f
  7. ^ Colden was an old Federalist who had joined the Tammany Hall organization and was elected to this Assembly, and appointed Mayor of New York, as a Democratic-Republican/Bucktail; see Hammond, pg. 466. However, in 1820 he was elected to Congress, on the Federalist ticket again.
  8. ^ There is much confusion about the members from Seneca Co. at this session. was returned as elected, claimed his seat, but was not admitted. However, he was paid like a member until the final rejection of his claim. See Laws of the State of New York (41st Session, 1818; pg. 295) It seems that was returned as elected from both Seneca Co. and Tompkins Co. which gave Dox a strong argument to pursue his claim vigorously, but without success.
  9. ^ Dr. Nathaniel Miller (1783–1863), physician, of Brookhaven

Sources[]

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