36th New York State Legislature
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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 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 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. 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 ...
.


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 Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...
(Middle D.), Gerrit Wendell ( Eastern D.), Russell Attwater, Archibald S. Clarke (both Western D.); and Assemblymen Peter W. Radcliff (Southern D.) and
Henry Hager Henry G. Hager III (born April 28, 1934) is an American politician from Pennsylvania who served as a Republican member of the Pennsylvania State Senate for the 23rd district from 1973 to 1984 including as President pro tempore from 1981 to 19 ...
(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 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 the war). In September 1812, State Treasurer David Thomas was arrested in Chenango County on a warrant issued by Supreme Court Justice
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 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 The Bank of America Corporation (often abbreviated BofA or BoA) is an American multinational investment bank and financial services holding company headquartered at the Bank of America Corporate Center in Charlotte, North Carolina. The bank ...
during the previous session of the Legislature, but was acquitted by the jury. At the same time,
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 ...
was tried in Montgomery County before Chief Justice James Kent, for an attempt to bribe
Alexander Sheldon Alexander Sheldon (October 23, 1766 in Suffield, Hartford County, Connecticut – September 10, 1836 in Montgomery County, New York) was an American physician and politician. Life He was the son of Phineas Sheldon (1717–1807) and Ruth Harmon ...
, then Speaker of the Assembly, for the same purpose, but was also found not guilty.


Sessions

The Legislature met at the Old State Capitol in Albany on November 3, 1812, 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 11.
Jacob R. Van Rensselaer Jacob Rutsen Van Rensselaer (September 27, 1767 – September 22, 1835) was an American lawyer and Federalist politician who served as Speaker of the New York State Assembly from 1812 to 1813, and Secretary of State of New York, from 1813 to ...
(Fed.) 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 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 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 ...
(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.This result has more votes (147) than there were seats in the Legislature (144), it is unclear where the mistake is. The 29 electors chosen were:
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 ...
,
Simeon De Witt Simeon De Witt (December 25, 1756 – December 3, 1834) was Geographer and Surveyor General of the Continental Army during the American Revolution and Surveyor General of the State of New York for the fifty years from 1784 until his death. Life ...
,
Archibald McIntyre Archibald McIntyre (June 1, 1772 Dull, Kenmore, Perthshire, Scotland – May 6, 1858 Albany, Albany County, New York), was an American merchant and politician. Life He was the son of Daniel McIntyre and Ann (Walker) McIntyre of the villag ...
, John C. Hogeboom, Gurdon S. Mumford, Jacob De La Montagnie,
Philip Van Cortlandt Philip Van Cortlandt (September 1, 1749 – November 5, 1831) was an American surveyor, landowner, and politician from Westchester County, New York. Van Cortlandt was the son of Pierre Van Cortlandt and brother of Pierre Van Cortlandt, Jr. He ...
,
John Chandler John Chandler (February 1, 1762September 25, 1841) was an American politician and soldier of Maine. The political career of Chandler, a Democratic-Republican, was interspersed with his involvement in the state militia during both the American R ...
, Henry Huntington, John Woodworth, David Boyd, Cornelius Bergen, Joseph Perine, Chauncey Belknap, George Rosecrantz,
John Dill Sir John Greer Dill, (25 December 1881 – 4 November 1944) was a senior British Army officer with service in both the First World War and the Second World War. From May 1940 to December 1941 he was the Chief of the Imperial General Staff (CIGS ...
, David Van Ness, Robert Jenkins, Michael S. Vandecook, George Palmer Jr., James Hill, William Kirby, Henry Frey Yates,
Thomas H. Hubbard Thomas Hill Hubbard (December 5, 1781 – May 21, 1857) was an American lawyer, judge and public official from Madison County, New York. A member of the Democratic-Republican party, Hubbard was twice elected as U.S. Representative from New York ...
, John Russell, James S. Kipp, Jotham Jayne, Jonathan Stanley Jr. and William Burnet. They cast their votes for DeWitt Clinton and
Jared Ingersoll Jared Ingersoll (October 24, 1749 – October 31, 1822) was an American Founding Father, lawyer, and statesman from Philadelphia, Pennsylvania. He was a delegate to the Continental Congress and a signer of the United States Constitution. He se ...
. 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 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 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 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 ...
for a term beginning on March 4, 1813. On February 10, the Legislature elected
Charles Z. Platt Charles Zephaniah Platt (July 22, 1773 – April 14, 1822) was an American politician. Life Platt was born on July 22, 1773, in Poughkeepsie, New York. He was one of twelve children born to Mary Van Wyck Platt (1743–1809) and Zephaniah 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 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,
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 ...
and Sullivan 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,
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 ...
and
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 ...
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 ...
, 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 br ...
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.


Employees

* Clerk: Sebastian Visscher


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 br ...
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) * Columbia County (4 seats) *
Cortland County Cortland County is a county located in the U.S. state of New York. As of the 2020 census, the population of Cortland County was 46,809. The county seat is Cortland. The county is named after Pierre Van Cortlandt, president of the convention ...
(1 seat) * 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) * 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) * 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 Kin ...
counties (4 seats) * Tioga County (1 seat) * 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: James Van Ingen * 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. 121 for senators; pg. 148f for Assembly districts; pg. 186f for assemblymen; pg. 325 for presidential election
''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, 1846; pages 311-322)
Election result Assembly, Albany 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
Election result Assembly, Cattaraugus, Chautauqua and Niagara Co.
at project "A New Nation Votes"
Election result Assembly, Cayuga Co.
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Partial election result Assembly, Clinton and Franklin Co.
at project "A New Nation Votes" ives only votes from Clinton Co.
Election result Assembly, Columbia Co.
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Election result Assembly, Greene Co.
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Election result Assembly, Herkimer Co.
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Election result Assembly, Jefferson Co.
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Election result Assembly, Kings Co.
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Election result Assembly, Madison Co.
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Election result Assembly, Onondaga Co.
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Election result Assembly, Orange Co.
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Election result Assembly, Queens Co.
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Election result Assembly, Richmond Co.
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Election result Assembly, Schenectady Co.
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Partial election result Assembly, Sullivan and Ulster Co.
at project "A New Nation Votes" ives votes from Sullivan Co.
Partial election result Assembly, Sullivan and Ulster Co.
at project "A New Nation Votes" ives votes from Ulster Co.
Election result Assembly, Washington Co.
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Election result Senate, Southern D.
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Election result Senate, Middle D.
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Election result Senate, Eastern D.
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Election result Senate, Western D.
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Election result, Speaker
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Election result, Assembly Clerk
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Election result, Council of Appointment
at project "A New Nation Votes" {{NYLegislatures
036 36 may refer to: * 36 (number), the natural number following 35 and preceding 37 * One of these years of Gregorian or Julian calendars: ** 36 BC, 1st century BCE ** AD 36, 1st century ** 1936, 20th century ** 2036, 21st century Arts and entertain ...
1812 in New York (state) 1813 in New York (state) 1812 U.S. legislative sessions