The 32nd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 1, 1808, to March 30, 1809, during the second year of

Daniel D. Tompkins Daniel D. Tompkins (June 21, 1774 – June 11, 1825) was an American politician. He was the fifth governor of New York from 1807 to 1817, and the sixth vice president of the United States from 1817 to 1825. Born in Scarsdale, New York, Tompkins ...

governorship A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, in Albany.

Background

Under the provisions of the

New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitut ...

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 8, 1808, State Senator

Joseph C. Yates Joseph Christopher Yates (November 9, 1768March 19, 1837) was an American lawyer, politician, statesman, and founding trustee of Union College. He served as 7th Governor of New York, from January 1, 1823 – December 31, 1824. History Born in 1 ...

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 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. At this time the politicians were divided into two opposing political parties: the

Federalists The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...

and the

Democratic-Republicans The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...

. In 1805, the 28th Legislature had chartered the Merchant's Bank of New York which had been founded by Federalists in competition to the Democratic-Republican

Bank of the Manhattan Company The Manhattan Company was a New York bank and holding company established on September 1, 1799. The company merged with Chase National Bank in 1955 to form the Chase Manhattan Bank. It is the oldest of the predecessor institutions that eventually ...

. 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 what was resented by the party leaders DeWitt Clinton and

Ambrose Spencer Ambrose Spencer (December 13, 1765March 13, 1848) was an American lawyer and politician. Early life Ambrose Spencer was born on December 13, 1765 in Salisbury in the Connecticut Colony. He was the son of Philip Spencer and Mary ( née Moore) S ...

, and soon led to the split of the party into "Lewisites" and "Clintonians".see Hammond, pg. 219f The 30th Legislature had a Lewisite-Federalist majority and elected a

Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822. History Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of N ...

which removed most Clintonian office-holders. The Lewisites and the Federalists nominated Gov. Morgan Lewis for re-election but he was defeated by Clintonian

. The 31st New York State Legislature had a Clintonian majority and elected a Council of Appointment which removed most of the Lewisite office-holders, many of whom had been appointed during the previous year.

Elections

The State election was held from April 26 to 28, 1808. Senators Benjamin Coe (Southern D.) were re-elected. Edward P. Livingston (Middle D.), David Hopkins (Eastern D.), Francis A. Bloodgood, Walter Martin, Luther Rich (all three Western D.); and Assemblymen William W. Gilbert (Southern D.) and Sylvanus Smalley (Western D.) were also elected to full terms in the Senate.

Silas Halsey Silas Halsey (October 17, 1743 N.S. – November 19, 1832) was a United States representative from New York. Born October 6, 1743 (Old Style) / October 17, 1743 (New Style) in Southampton, he attended the public schools and studied medic ...

(Western D.) was elected to fill the vacancy. Hopkins was a Federalist, Livingston a Lewisite, the other seven were regular Democratic-Republicans.

Sessions

The Legislature met at the Old City Hall in Albany on November 1, 1808, to elect

presidential elector The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia app ...

s; and adjourned on November 8. James W. Wilkin (Dem.-Rep.) was elected

Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...

with 60 votes against 45 for Stephen Van Rensselaer (Fed.). Daniel Rodman (Dem.-Rep.) was re-elected Clerk of the Assembly with 61 votes against 46 for James Van Ingen (Fed.). On November 7, 1808, the Legislature elected 19 presidential electors, all Democratic-Republicans:

, Henry Huntington, John W. Seaman,

Henry Rutgers Henry Rutgers (October 7, 1745 – February 17, 1830) was a United States Revolutionary War hero and philanthropist from New York City. Rutgers University was named after him, and he donated a bond which placed the college on sound financial f ...

, John Garretson, Ebenezer White,

Thomas Lawrence Sir Thomas Lawrence (13 April 1769 – 7 January 1830) was an English portrait painter and the fourth president of the Royal Academy. A child prodigy, he was born in Bristol and began drawing in Devizes, where his father was an innkeeper at ...

, James Tallmadge, Jonathan Rouse, Micajah Pettit, Henry Yates Jr.,

Benjamin Mooers Benjamin Mooers (April 1, 1758 – February 20, 1838) was a military veteran of both the Revolutionary War and War of 1812, and a politician, serving in the New York State legislature. He also served as a sheriff of Clinton County, New York ...

, Adam B. Voorman, Thomas Shankland,

William Hallock William Hallock, Ph. D., D.Pharm. (1857–1913) was an American physicist, born at Milton, Ulster County, New York, Milton, New York. He graduated from Columbia College of Columbia University, Columbia College in 1879, and received the degree of ...

, Russell Attwater, Joseph Simonds, Hugh Jamison and Matthew Carpenter. They cast 13 votes for

James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...

and 6 votes for George Clinton for president; and 13 votes for George Clinton, and 3 votes each for

and

James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...

for vice president. The Assembly met for the regular session on January 17, 1809, the Senate assembled a quorum only the next day; and both Houses adjourned on March 30. On February 7, 1809, the Legislature elected Assemblyman

Obadiah German Obadiah German (April 22, 1766September 24, 1842) was an American lawyer and politician. He was most notable for his service as a U.S. Senator from New York (1809-1815) and Speaker of the New York State Assembly in 1819. Life He was born on Apri ...

(Dem.-Rep.) to succeed

Samuel L. Mitchill Samuel Latham Mitchill (August 20, 1764September 7, 1831) was an American physician, naturalist, and politician who lived in Plandome, New York. Early life Samuel Mitchill was born in Hempstead in the Province of New York, the son of Robert M ...

(Dem.-Rep.) in the U.S. Senate. At this time the major political controversy was the

Embargo Act of 1807 The Embargo Act of 1807 was a general trade embargo on all foreign nations that was enacted by the United States Congress. As a successor or replacement law for the 1806 Non-importation Act and passed as the Napoleonic Wars continued, it repr ...

which was supported by the Democratic-Republicans, but opposed by the Federalists. Most of the Lewisites eventually supported the Embargo, but assailed DeWitt Clinton in the press because he had originally opposed it. The Embargo was very unpopular and led to a revival of the Federalist Party which had been reduced to a small minority (without any member in the Senate from 1806 to 1808), but at the State election in April 1809 would already win a majority of the Assembly seats.

State Senate

Districts

*The Southern District (5 seats) consisted of Kings, New York,

Queens Queens is a borough of New York City, coextensive with Queens County, in the U.S. state of New York. Located on Long Island, it is the largest New York City borough by area. It is bordered by the borough of Brooklyn at the western tip of Long ...

Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, California, ...

, Suffolk and Westchester counties. *The Middle District (7 seats) consisted of

Dutchess Dutchess County is a County (United States), county in the U.S. state of New York (state), New York. As of the 2020 United States census, 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie, New York, Poughkeeps ...

Orange Orange most often refers to: *Orange (fruit), the fruit of the tree species '' Citrus'' × ''sinensis'' ** Orange blossom, its fragrant flower *Orange (colour), from the color of an orange, occurs between red and yellow in the visible spectrum * ...

Ulster Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United Kin ...

, Columbia,

Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...

, Rockland and

Greene Greene may refer to: Places United States *Greene, Indiana, an unincorporated community *Greene, Iowa, a city *Greene, Maine, a town ** Greene (CDP), Maine, in the town of Greene *Greene (town), New York ** Greene (village), New York, in the town ...

counties. *The Eastern District (8 seats) consisted of

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...

, Clinton, Rensselaer, Albany, Saratoga,

Essex Essex () is a county in the East of England. One of the home counties, it borders Suffolk and Cambridgeshire to the north, the North Sea to the east, Hertfordshire to the west, Kent across the estuary of the River Thames to the south, and Grea ...

, Montgomery and

Franklin Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral d ...

counties. *The Western District (12 seats) consisted of Herkimer,

Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...

, Otsego, Tioga,

Onondaga Onondaga may refer to: Native American/First Nations * Onondaga people, a Native American/First Nations people and one of the five founding nations of the Iroquois League * Onondaga (village), Onondaga settlement and traditional Iroquois capita ...

, Schoharie, Steuben, Chenango, Oneida, Cayuga,

Genesee Genesee, derived from the Seneca word for "pleasant valley", may refer to: Geographic features Canada *Genesee, Alberta, an unincorporated community United States *Genesee, California *Genesee, Colorado *Genesee County, Michigan *Genesee Co ...

Seneca Seneca may refer to: People and language * Seneca (name), a list of people with either the given name or surname * Seneca people, one of the six Iroquois tribes of North America ** Seneca language, the language of the Seneca people Places Extrat ...

Jefferson Jefferson may refer to: Names * Jefferson (surname) * Jefferson (given name) People * Thomas Jefferson (1743–1826), third president of the United States * Jefferson (footballer, born 1970), full name Jefferson Tomaz de Souza, Brazilian foo ...

Lewis Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead ...

St. Lawrence Saint Lawrence or Laurence ( la, Laurentius, lit. " laurelled"; 31 December AD 225 – 10 August 258) was one of the seven deacons of the city of Rome under Pope Sixtus II who were martyred in the persecution of the Christians that the Roma ...

, Allegany, Broome,

Madison Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States Place names * Madison, Wisconsin, the state capital of Wisconsin and the largest city known by this ...

and Niagara 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. William W. Gilbert and Sylvanus Smalley changed from the Assembly to the Senate.

Employees

*Clerk: Sebastian Visscher

State Assembly

Districts

* Albany County (6 seats) * Allegany and Steuben counties (1 seat) * Broome County (1 seat) *

Cayuga County Cayuga County is a county in the U.S. state of New York. As of the 2020 census, the population was 76,248. Its county seat and largest city is Auburn. The county was named for the Cayuga people, one of the Indian tribes in the Iroquois Confed ...

(3 seats) *

Chenango County Chenango County is a county located in the south-central section U.S. state of New York. As of the 2020 census, the population was 47,220. Its county seat is Norwich. The county's name originates from an Oneida word meaning 'large bull-thist ...

(3 seats) * Clinton and

counties (1 seat) * Columbia County (4 seats) * Delaware County (2 seats) * Dutchess County (6 seats) * Essex County (1 seat) * Genesee County (1 seat) * Greene County (2 seats) *

Herkimer County Herkimer County is a county in the U.S. state of New York. As of the 2020 census, the population was 60,139. Its county seat is Herkimer. The county was created in 1791 north of the Mohawk River out of part of Montgomery County. It is named af ...

(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) *

Niagara County Niagara County is in the U.S. state of New York. As of the 2020 census, the population was 212,666. The county seat is Lockport. The county name is from the Iroquois word ''Onguiaahra''; meaning ''the strait'' or ''thunder of waters''. Niaga ...

(1 seat) * Oneida County (5 seats) *

Onondaga County Onondaga County ( ) is a county in the U.S. state of New York. As of the 2020 census, the population was 476,516. The county seat is Syracuse. Onondaga County is the core of the Syracuse, NY MSA. History The name ''Onondaga'' derives from ...

(3 seats) * Ontario County (5 seats) *

Orange County Orange County most commonly refers to: *Orange County, California, part of the Los Angeles metropolitan area Orange County may also refer to: U.S. counties *Orange County, Florida, containing Orlando *Orange County, Indiana *Orange County, New ...

(4 seats) * Otsego County (4 seats) * Queens County (3 seats) *

Rensselaer County Rensselaer County is a county in the U.S. state of New York. As of the 2020 census, the population was 161,130. Its county seat is Troy. The county is named in honor of the family of Kiliaen van Rensselaer, the original Dutch owner of the ...

(4 seats) *

Richmond County Richmond County may refer to places: Australia *Richmond County, New South Wales, a cadastral division Canada *Richmond County, Nova Scotia United Kingdom *Richmondshire, the original Richmond County in Yorkshire, England United States ...

(1 seat) *

Rockland County Rockland County is the southernmost county on the west side of the Hudson River in the U.S. state of New York. It is part of the New York metropolitan area. It is about from the Bronx at their closest points. The county's population, as of t ...

(1 seat) * St. Lawrence County (1 seat) *

Saratoga County Saratoga County is a county in the U.S. state of New York, and is the fastest-growing county in Upstate New York. As of the 2020 U.S. census, the county's population was enumerated at 235,509, representing a 7.2% increase from the 2010 popul ...

(4 seats) *

Schoharie County Schoharie County ( ) is a County (United States), county in the U.S. state of New York (state), New York. As of the 2020 United States census, 2020 census, the population was 29,714, making it the state's fifth-least populous county. The county ...

(2 seats) * Seneca County (1 seat) * Suffolk County (3 seats) * Tioga County (1 seat) *

Ulster County Ulster County is a county in the U.S. state of New York. It is situated along the Hudson River. As of the 2020 census, the population was 181,851. The county seat is Kingston. The county is named after the Irish province of Ulster. History ...

(4 seats) * Washington County (5 seats) *

Westchester County Westchester County is located in the U.S. state of New York. It is the seventh most populous county in the State of New York and the most populous north of New York City. According to the 2020 United States Census, the county had a population ...

(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.

Employees

*Clerk: Daniel Rodman *Sergeant-at-Arms: Thomas Donnelly *Doorkeeper: Benjamin Whipple

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) ee pg. 108f for Senate districts; pg. 120 for senators; pg. 148f for Assembly districts; pg. 182 for assemblymen; pg. 321 and 324 for presidential electionbr>''The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840''
by Jabez D. Hammond (4th ed., Vol. 1, H. & E. Phinney,

Cooperstown Cooperstown is a village in and county seat of Otsego County, New York, United States. Most of the village lies within the town of Otsego, but some of the eastern part is in the town of Middlefield. Located at the foot of Otsego Lake in the C ...

, 1846; pages 265-275)
Election result Assembly, Clinton and Franklin Co.
at project "A New Nation Votes", compiled by Phil Lampi, hosted by

Tufts University Tufts University is a private research university on the border of Medford and Somerville, Massachusetts. It was founded in 1852 as Tufts College by Christian universalists who sought to provide a nonsectarian institution of higher learning. ...