36th New York State Legislature

36th New York State Legislature

The Old State Capitol (1879)
Duration: July 1, 1812 – June 30, 1813
President of the State Senate: Lt. Gov. DeWitt Clinton (Dem.-Rep.)
Temporary President of the State Senate:
Speaker of the State Assembly: Jacob R. Van Rensselaer (Fed.)
Members: 32 Senators
112 Assemblymen
Senate Majority: Clintonian (19-8-4)
Assembly Majority: Federalist (58-29-22)
Sessions
1st: November 3 – 11, 1812
2nd: January 12 – April 13, 1813
<35th 37th>

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 Francis A. Bloodgood (Western D.) was re-elected. Elbert H. Jones (Southern D.), Martin Van Buren (Middle D.), Gerrit Wendell ( Eastern D.), Russell Attwater, Archibald S. Clarke (both Western D.); and Assemblymen Peter W. Radcliff (Southern D.) and Henry Hager (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 Casper M. Rouse to vote for the chartering of the Bank of America 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.). James Van Ingen (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, John C. Hogeboom, Gurdon S. Mumford, Jacob De La Montagnie, Philip Van Cortlandt, John Chandler, Henry Huntington, John Woodworth, David Boyd, Cornelius Bergen, Joseph Perine, Chauncey Belknap, George Rosecrantz, John Dill, David Van Ness, Robert Jenkins, Michael S. Vandecook, George Palmer Jr., James Hill, William Kirby, Henry Frey Yates, Thomas H. Hubbard, John Russell, James S. Kipp, Jotham Jayne, Jonathan Stanley Jr. and William Burnet. 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

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 Israel Carll* 1 year Dem.-Rep.
Ebenezer White* 2 years Dem.-Rep.
Nathan Sanford* 3 years Dem.-Rep. also United States Attorney for the District of New York
Elbert H. Jones 4 years Federalist
Peter W. Radcliff* 4 years Federalist elected to the Council of Appointment
Middle Johannes Bruyn* 1 year Dem.-Rep.
Samuel Haight* 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.
William Taber* 3 years Dem.-Rep.
Martin Van Buren 4 years Dem.-Rep. until March 19, 1813, also Surrogate of Columbia Co.
Eastern Daniel Paris* 1 year Federalist
John Stearns* 1 year Federalist elected to the Council of Appointment
Henry Yates Jr.*[4] 2 years Dem.-Rep.
Elisha Arnold* 3 years Dem.-Rep.
Kitchel Bishop* 3 years Dem.-Rep.
Ruggles Hubbard* 3 years Dem.-Rep.
John Tayler* 3 years Dem.-Rep.
Gerrit Wendell 4 years Federalist
Western Amos Hall* 1 year Federalist
Seth Phelps* 1 year Federalist
Jonas Platt* 1 year Federalist elected to the Council of Appointment
Reuben Humphrey* 2 years Dem.-Rep.
Nathan Smith*[5] 2 years Dem.-Rep.
Philetus Swift* 2 years Dem.-Rep.
Henry A. Townsend* 2 years Dem.-Rep.
Casper M. Rouse* 3 years Dem.-Rep.
Russell Attwater 4 years Dem.-Rep.
Francis A. Bloodgood* 4 years Dem.-Rep.
Archibald S. Clarke 4 years Dem.-Rep.
Henry Hager* 4 years Dem.-Rep.

Employees

State Assembly

Districts

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 David Bogardus Federalist
John Gibbons Federalist
Elishama Janes Federalist
Abraham Van Vechten* Federalist from February 13, 1813, also New York Attorney General
Allegany
and Steuben		 Jacob Teeple*
Broome Chauncey Hyde* Dem.-Rep.
Cattaraugus,
Chautauqua
and Niagara		 Jonas Williams Dem.-Rep.
Cayuga William C. Bennet Dem.-Rep.
Thomas Ludlow* Dem.-Rep.
William Satterlee Dem.-Rep.
Chenango Nathaniel Medbury
Ebenezer Wakley Dem.-Rep.
Thornton Wasson
Clinton and
Franklin		 Allen R. Moore Federalist
Columbia Aaron Olmsted Federalist death announced on January 27, 1813
Alan Sheldon Federalist
Jacob R. Van Rensselaer* Federalist elected Speaker;
from February 23, 1813, also Secretary of State of New York
Elisha Williams Federalist
Cortland Billy Trowbridge*
Delaware Robert Clark Dem.-Rep.
Andrew Craig Jr.
Dutchess Joseph Arnold*
John Beadle Federalist
Cyrus Benjamin*
Isaac Bryan*
Henry Dodge* Federalist
John Warren*
Essex Manoah Miller
Genesee James Ganson Dem.-Rep.
Greene John Adams Federalist
Perez Steele Federalist
Herkimer John Graves Dem.-Rep.
Hosea Nelson Dem.-Rep.
Rudolph I. Shoemaker* Dem.-Rep.
Jefferson Clark Allen Federalist
Egbert Ten Eyck Federalist
Kings John C. Vanderveer* Dem.-Rep.
Lewis Levi Collins
Madison Walter Beecher Dem.-Rep.
John D. Henry Federalist
Jonathan Olmsted Dem.-Rep.
Montgomery Josiah Bartlett death announced January 29, 1813
Daniel Cady Federalist from February 28 to April 6, 1813, also District Attorney of the 5th D.
Daniel McVean
Simon Maybie
Richard Van Horne[6] Federalist
New York Thomas Carpenter* Federalist
Jameson Cox
Isaac S. Douglass* Federalist
Richard Hatfield Jr.
William Henderson
Josiah Ogden Hoffman Federalist from February 8, 1813, also Recorder of New York City
Samuel Jones Jr.* Federalist
Jacob Lorillard* Federalist
Abraham Russell* Federalist
Isaac Sebring* Federalist
James Smith* Federalist
Oneida Josiah Bacon
Erastus Clark* Federalist
George Huntington* Federalist
John Lay
Nathan Townsend
Onondaga Moses Nash Dem.-Rep.
Isaac Smith Dem.-Rep.
Ontario Abraham Dox
Gilbert Howell Dem.-Rep.
Hugh McNair
David Sutherland*
Asahel Warner Dem.-Rep.
Orange John Blake Jr.
David Dill Dem.-Rep.
William Ross* Dem.-Rep.
John Wheeler
Otsego Erastus Crafts
Abel DeForest
Samuel Griffin
James Hyde Federalist
Queens Stephen Carman* Federalist
John Fleet* Federalist
David Kissam Federalist or Daniel*?
Rensselaer David Allen Federalist
James H. Ball
John Carpenter Jr.
John Stevens Federalist
Richmond James Guyon, Jr.* Dem.-Rep.
Rockland Peter S. Van Orden* Dem.-Rep.
St. Lawrence Roswell Hopkins* Federalist
Saratoga Caleb Holmes
John Prior
John W. Taylor* Dem.-Rep. in December 1812, elected to the 13th United States Congress
Calvin Wheeler
Schenectady Alexander Combs Dem.-Rep.
Joseph Shurtleff Federalist
Schoharie Heman Hickock Dem.-Rep.
Peter A. Hilton
Seneca James McCall
Suffolk Henry Rhodes
Caleb Smith
Benjamin F. Thompson
Sullivan
and Ulster		 Jacob Coddington* Dem.-Rep.
Abraham I. Hardenbergh* Dem.-Rep.
Henry Jansen* Dem.-Rep.
Elnathan Sears* Dem.-Rep.
Tioga Jabez Beers
Washington John Beebee Federalist
Jason Kellogg Dem.-Rep.
Francis McLean Dem.-Rep.
Ebenezer Russell Federalist
Melancton Wheeler Federalist
Westchester William Barker Federalist
Abraham Miller* Dem.-Rep.
vacant

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. ↑ 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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