38th New York State Legislature
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The 38th New York State Legislature, consisting of the
New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...
and the
New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...
, met from September 26, 1814, to April 18, 1815, during the eighth 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 ...
's
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 constituti ...
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
John Tayler John Tayler (July 4, 1742 – March 19, 1829) was a merchant and politician. He served nine years as Lieutenant Governor of New York, four months acting as the sixth Governor of New York, and also in both houses of the New York State Legislat ...
had been elected
Lieutenant Governor of New York The lieutenant governor of New York is a constitutional office in the executive branch of the Government of the State of New York. It is the second highest-ranking official in state government. The lieutenant governor is elected on a ticket wit ...
in 1813, leaving a vacancy in the Eastern District. 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 ...
.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 Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
parties.


Elections

The State election was held from April 26 to 28, 1814. Senator
Philetus Swift Philetus Swift (June 26, 1763 in Kent, Litchfield County, Connecticut – July 24, 1828 in Phelps, Ontario County, New York) was an American politician. Life He was the son of Elisha Swift (born 1731) and Mary Ransom (born 1738). One of Swift's ...
(Western D.) was re-elected.
Darius Crosby Darius Crosby (ca. 1768 November 18, 1818 Somers, Westchester County, New York) was an American politician from New York. Life Crosby was a member of the New York State Assembly (Westchester Co.) in 1811 and 1812. He was a member of the New Yor ...
(Southern D.), Moses I. Cantine (Middle D.),
George Tibbits George Tibbits (January 14, 1763 – July 19, 1849) was an American politician and a member of the United States House of Representatives from New York. He was born in Warwick, Rhode Island on January 14, 1763. He pursued classical studies and e ...
(Eastern D.),
Bennett Bicknell Bennett may refer to: People *Bennett (name), including a list of people with the surname and given name Places Canada * Bennett, Alberta * Bennett, British Columbia * Bennett Lake, in the British Columbia and Yukon Territory ** Bennett Range ** B ...
, Chauncey Loomis,
John I. Prendergast John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second E ...
(all three Western D.); and Assemblyman William Ross (Middle D.) were also elected to full terms in the Senate. Guert Van Schoonhoven (Eastern D.) was elected to fill the vacancy. Tibbits was a Federalist, the other eight were Democratic-Republicans.


Sessions

The Legislature met at the Old State Capitol in Albany on September 26, 1814, to enact legislation concerning the War against Great Britain; and adjourned on October 24. Samuel Young (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 61 votes against 35 for
James Emott James Emott (March 9, 1771 – April 7, 1850) was an American lawyer and politician from New York. Life He studied law, was admitted to the bar in 1790, and commenced practice in Ballston Center. He was land commissioner to settle disputes of ...
(Fed.). Aaron Clark (Dem.-Rep.) was elected Clerk of the Assembly with 60 votes against 37 for
James Van Ingen James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguat ...
(Fed.). At the end of this session,
Jesse Buel Jesse Buel (January 4, 1778 – October 6, 1839) was an American newspaper publisher, politician, and agricultural reformer. Early life Jesse Buel was born on a farm in Coventry, Connecticut, the youngest of 14 children. At the age of 12 he ...
was appointed by the Legislature to succeed
Solomon Southwick Solomon Southwick (December 25, 1773 – November 18, 1839) was an American newspaper publisher and political figure who was a principal organizer of the Anti-Masonic Party. Born in Newport, Rhode Island, Southwick attended the University of Pe ...
as State Printer. The Legislature met for the regular session on January 31, 1815; and adjourned on April 18. On January 31, the Dem.-Rep. Assembly majority elected a new
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 Ne ...
which removed almost all Federalist office-holders. On February 7, the Legislature elected State Senator
Nathan Sanford Nathan Sanford (November 5, 1777 – October 17, 1838) was an American politician. Early life Sanford was born on November 5, 1777, in Bridgehampton, New York. He was the son of Thomas Sanford and Phebe (née Baker) Sanford, a family of farme ...
(Dem.-Rep.) to succeed
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.) as
U.S. Senator from New York Below is a list of U.S. senators who have represented the State of New York in the United States Senate since 1789. The date of the start of the tenure is either the first day of the legislative term (Senators who were elected regularly before th ...
. On April 8, 1815, the Legislature re-apportioned the Assembly districts, increasing the total number of assemblymen from 112 to 126. On April 17, 1815, the Legislature re-apportioned the Senate districts: Dutchess, Putnam and Rockland Co. (and 1 seat) were transferred from the Middle to the Southern District; Albany Co. from the Eastern, and Chenango, Otsego and Schoharie Co. from the Western (and 3 seats) were transferred to the Middle District; Herkimer, Jefferson, Lewis and St. Lawrence Co. (and 3 seats) were transferred from the Western to the Eastern District. It was however too late to use this new apportionment at the State election held later this month.


State Senate


Districts

*The Southern District (5 seats) consisted of Kings,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
,
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 Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include Lowes ...
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 King ...
, 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,
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 ...
, Sullivan and Putnam 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 G ...
, Montgomery,
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 ...
,
Schenectady Schenectady () is a city in Schenectady County, New York, United States, of which it is the county seat. As of the 2020 census, the city's population of 67,047 made it the state's ninth-largest city by population. The city is in eastern New Y ...
and
Warren A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval A ...
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 Ca ...
, 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 Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida Na ...
, 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 ...
, Niagara, Cortland, Cattaraugus and
Chautauqua Chautauqua ( ) was an adult education and social movement in the United States, highly popular in the late 19th and early 20th centuries. Chautauqua assemblies expanded and spread throughout rural America until the mid-1920s. The Chautauqua bro ...
counties. Note: There are now 62 counties in the State of
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
. 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 Ross changed from the Assembly to the Senate.


Employees

*Clerk:
John F. Bacon John F. Bacon (February 2, 1789 – February 25, 1860) was an American lawyer, diplomat and politician from New York (state), New York. Early life Bacon was born in Great Barrington, Massachusetts, Great Barrington, Berkshire County, Massachusett ...


State Assembly


Districts

* Albany County (4 seats) * Allegany and Steuben counties (1 seat) * Broome County (1 seat) * Cattaraugus,
Chautauqua Chautauqua ( ) was an adult education and social movement in the United States, highly popular in the late 19th and early 20th centuries. Chautauqua assemblies expanded and spread throughout rural America until the mid-1920s. The Chautauqua bro ...
and Niagara counties (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
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 (1 seat) *
Cortland County Cortland County is a County (United States), county located in the U.S. state of New York (state), New York. As of the 2020 United States census, 2020 census, the population of Cortland County was 46,809. The county seat is Cortland, New York, C ...
(1 seat) * Columbia County (4 seats) * Delaware County (2 seats) *
Dutchess County Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later organ ...
(5 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 New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
(11 seats) * 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 ...
(2 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) * Putnam County (1 seat) * 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) * Schenectady County (2 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) * Sullivan and
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 King ...
counties (4 seats) * Tioga County (1 seat) *
Warren A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval A ...
and
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 ...
counties (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 o ...
(3 seats) Note: There are now 62 counties in the State of
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
. 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: Aaron Clark *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. 122 for senators; pg. 148f for Assembly districts; pg. 189f for assemblymenbr>''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 375-400)
Partial 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. ...
Digital Library ives only votes from Clinton Co.br>Election result Assembly, Cortland Co.
at project "A New Nation Votes"
Election result Assembly, Dutchess Co.
at project "A New Nation Votes"
Election result Assembly, Greene Co.
at project "A New Nation Votes"
Election result Assembly, Herkimer Co.
at project "A New Nation Votes"
Election result Assembly, Kings Co.
at project "A New Nation Votes"
Election result Assembly, Lewis Co.
at project "A New Nation Votes"
Election result Assembly, Onondaga Co.
at project "A New Nation Votes"
Election result Assembly, Otsego Co.
at project "A New Nation Votes"
Election result Assembly, Rensselaer Co.
at project "A New Nation Votes"
Election result Assembly, Rockland Co.
at project "A New Nation Votes"
Election result Assembly, Schenectady Co.
at project "A New Nation Votes"
Election result Assembly, Schoharie Co.
at project "A New Nation Votes"
Election result Assembly, Suffolk Co.
at project "A New Nation Votes"
Partial election result Senate, Southern D.
at project "A New Nation Votes" ives only votes of Kings and Suffolk Co.br>Partial election result Senate, Middle D.
at project "A New Nation Votes" [gives only votes of Dutchess, Greene and Rockland Co.)
Partial election result Senate, Eastern D.
at project "A New Nation Votes" [gives only votes of Albany, Clinton, Rensselaer and Schenectady Co.]
Partial election result Senate, Western D.
at project "A New Nation Votes" ives only votes of Cortland, Herkimer, Jefferson, Onondaga, Otsego and Schoharie Co.br>Election result, Speaker
at project "A New Nation Votes"
Election result, Assembly Clerk
at project "A New Nation Votes"
Election result, Council of Appointment
at project "A New Nation Votes" {{NYLegislatures 038 1814 in New York (state) 1815 in New York (state) 1814 U.S. legislative sessions