35th New York State Legislature explained

Number:35th
Imagename:The Old State Capitol
Imagedate:1879
Start:July 1, 1811
End:June 30, 1812
Vp:Lt. Gov. DeWitt Clinton (Dem.-Rep.)
Speaker:Alexander Sheldon (Dem.-Rep.)
Senators:32
Reps:112
S-Majority:Democratic-Republican (26–6)
H-Majority:Democratic-Republican (66–38)[1]
Sessionnumber1:1st
Sessionstart1:January 28
Sessionend1:March 27, 1812
Sessionnumber2:2nd
Sessionstart2:May 21
Sessionend2:June 19, 1812
Previous:34th
Next:36th

The 35th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 28 to June 19, 1812, during the fifth 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.

In 1808, Cattaraugus and Chautauqua counties had been split from Genesee County, but no county governments were organized for some time. In 1811, both counties were joined with Niagara in one Assembly district with 1 seat.

Lt. Gov. John Broome died on August 8, 1810, and a special election was required to fill the vacancy. State Senator and Mayor of New York City DeWitt Clinton was nominated by the Democratic-Republican majority. Nicholas Fish was nominated by the Federalists, and Marinus Willet was nominated by the Tammany organization in New York City which, although being the local affiliate of the Democratic-Republican Party, was opposed to Clinton.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.[2]

Elections

The State election was held from April 30 to May 2, 1811. DeWitt Clinton was elected Lieutenant Governor of New York.

Senator John Tayler (Eastern D.) was re-elected. Erastus Root, William Taber (both Middle D.), Elisha Arnold, Kitchel Bishop, Ruggles Hubbard (all three Eastern D.), Casper M. Rouse (Western D.), and Assemblyman Nathan Sanford (Southern D.) were also elected to the Senate. All eight were Democratic-Republicans.

Sessions

The Legislature met at the Old State Capitol[3] in Albany on January 28, 1812; was prorogued by the Governor on March 27; met again on May 21; and adjourned on June 19.

Alexander Sheldon (Dem.-Rep.) was again elected Speaker, without opposition.

On February 5, the Assembly passed a bill (vote 50 to 42) to re-appoint David Thomas (Dem.-Rep.) as New York State Treasurer in place of Abraham G. Lansing (Fed.). The Senate concurred on February 8 by a vote of 19 to 5.

The main political controversy during this session was the chartering of the Bank of America with a capital of $6,000,000. The bankers offered to pay a bonus of $600,000, to be divided as follows: $400,000 to the Common-School Fund, $100,000 to the Literature Fund and $100,00 to the State Treasury if during the next 20 years no other bank would be chartered. Besides, the bankers offered a loan of $1,000,000 to the State at 5% interest p.a. to be used for the Erie Canal construction; and a loan of $1,000,000 at 6% interest to the farmers who were losing money because of the Embargo. State Treasurer David Thomas and Solomon Southwick were the main lobbyists for the chartering; Gov. Daniel D. Tompkins, Supreme Court Justice Ambrose Spencer and State Senator John Tayler "declared open war against the bank."[4] Lt. Gov. DeWitt Clinton told his brother-in-law, and close political ally of many years, Ambrose Spencer that he would, if necessary, vote against the charter (as Lt. Gov. he had only a casting vote in the Senate), but that he would not make the issue a question of party discipline, leaving it to the Democratic-Republican legislators to vote as they thought fit. This led to Spencer's joining the Anti-Clintonians shortly thereafter. The Assembly passed the bill to charter the bank in second reading with a vote of 52 to 46. The bill then went to the Senate, and a motion was made to reject it, but was voted down 15 to 13. To avoid the bill going through, on March 27, Gov. Tompkins prorogued the Legislature[5] until May 21, saying that proof had been furnished that the bankers had bribed legislators to vote for the charter. After the Legislature met again, the bank charter was passed in the Senate by a vote of 17 to 13, and in third reading in the Assembly by a vote of 58 to 39. In 1813, the bank asked the Legislature to cancel the payment of the bonus, which had been a condition sine qua non of the charter, and only $100,000 were actually paid into the Common School Fund.[6]

On May 28, a caucus of Dem.-Rep. legislators, presided over by James W. Wilkin, nominated DeWitt Clinton for U.S. president. On June 18, the United States declared War against Great Britain, and the Legislature adjourned on the next day.

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. Nathan Sanford changed from the Assembly to the Senate.

DistrictSenatorsTerm leftPartyNotes
SouthernBenjamin Coe1 yearDem.-Rep.
William W. Gilbert1 yearDem.-Rep.elected to the Council of Appointment
Israel Carll2 yearsDem.-Rep.
Ebenezer White3 yearsDem.-Rep.
Nathan Sanford4 yearsDem.-Rep.also United States Attorney for the District of New York
MiddleEdward P. Livingston1 yearDem.-Rep.
Johannes Bruyn2 yearsDem.-Rep.elected to the Council of Appointment
Samuel Haight2 yearsDem.-Rep.
Morgan Lewis3 yearsDem.-Rep.
James W. Wilkin3 yearsDem.-Rep.
Erastus Root4 yearsDem.-Rep.
William Taber4 yearsDem.-Rep.
EasternDavid Hopkins1 yearFederalist
Daniel Paris2 yearsFederalist
John Stearns2 yearsFederalist
Henry Yates Jr. 3 yearsDem.-Rep.elected to the Council of Appointment
Elisha Arnold4 yearsDem.-Rep.
Kitchel Bishop4 yearsDem.-Rep.
Ruggles Hubbard4 yearsDem.-Rep.
John Tayler4 yearsDem.-Rep.
WesternFrancis A. Bloodgood1 yearDem.-Rep.elected to the Council of Appointment
Walter Martin1 yearDem.-Rep.
Luther Rich1 yearDem.-Rep.
Sylvanus Smalley1 yearDem.-Rep.
Amos Hall2 yearsFederalist
Seth Phelps2 yearsFederalist
Jonas Platt2 yearsFederalist
Reuben Humphrey3 yearsDem.-Rep.
Nathan Smith 3 yearsDem.-Rep.
Philetus Swift3 yearsDem.-Rep.
Henry A. Townsend3 yearsDem.-Rep.
Casper M. Rouse4 yearsDem.-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.

DistrictAssemblymenPartyNotes
AlbanyAsa ColvardFederalist
Jesse TylerFederalist
Abraham Van VechtenFederalist
John G. Van ZandtFederalist
Allegany
and Steuben		Jacob Teeple
BroomeChauncey HydeDem.-Rep.
Cattaraugus,
Chautauqua
and Niagara		Ebenezer Walden
CayugaStephen CloseDem.-Rep.
Humphrey Howland
Thomas LudlowDem.-Rep.
ChenangoSamuel Campbell
Silas Holmes
Denison Randall
Clinton and
Franklin		Gates HoitFederalist
ColumbiaThomas Brodhead
Thomas P. GrosvenorFederalist
Timothy Oakley
Jacob R. Van RensselaerFederalist
CortlandBilly Trowbridge
DelawareDaniel H. BurrDem.-Rep.
Isaac OgdenDem.-Rep.
DutchessJoseph Arnold
Cyrus Benjamin
Isaac Bryan
Henry DodgeFederalist
John Warren
Robert Weeks
EssexDelevan Delance
GeneseeZacheus Colby
GreeneJohn Ely
Simon Sayre
HerkimerRobert BurchDem.-Rep.
Rudolph I. ShoemakerDem.-Rep.
Samuel Woodworth
JeffersonDavid I. AndrusDem.-Rep.
John Durkee
KingsJohn C. VanderveerDem.-Rep.
LewisWillam Darrow
Bennett BicknellDem.-Rep.
Nathaniel ColeDem.-Rep.
Samuel H. CoonDem.-Rep.
John FayDem.-Rep.
Daniel Hurlbut
Archibald McIntyreDem.-Rep.also New York State Comptroller
George H. Nellis
Alexander SheldonDem.-Rep.elected Speaker
New YorkThomas CarpenterFederalist
Isaac S. DouglassFederalist
James HeardFederalist
Samuel Jones Jr.Federalist
Jacob LorillardFederalist
Thomas R. MerceinFederalist
Peter W. RadcliffFederalist
Abraham RussellFederalist
Isaac SebringFederalist
James SmithFederalist
James TyleeFederalist
OneidaIsaac BraytonFederalist
Joel BristolFederalist
Erastus ClarkFederalist
George HuntingtonFederalist
John StorrsFederalist
Barnet MooneyDem.-Rep.
Jonathan Stanley Jr.Dem.-Rep.
Nathaniel Allen
Valentine BrotherFederalist
David Sutherland
Joshua Vanfleet
Ezra Waite
John Gasheriedied March 8, 1812
Peter Holbert
Seth Marvin
William RossDem.-Rep.
OtsegoDaniel Hawks
Isaac HayesDem.-Rep.
Elijah H. MetcalfDem.-Rep.
Robert RoseboomDem.-Rep.
QueensStephen CarmanFederalist
John FleetFederalist
Daniel KissamFederalist
RensselaerGeorge Gardner
Stephen Gregory
Abraham L. Viele
Stephen Warren
RichmondJames Guyon, Jr.Dem.-Rep.
RocklandPeter S. Van OrdenDem.-Rep.
St. LawrenceRoswell HopkinsFederalist
SaratogaJoel Keeler
Zebulon Mott
Avery Starkweather
John W. TaylorDem.-Rep.
SchenectadyJames BoydDem.-Rep.
John YoungDem.-Rep.
SchoharieHenry HagerDem.-Rep.
John RedingtonDem.-Rep.
SenecaOliver C. ComstockDem.-Rep.from May 27, 1812, also First Judge of the Seneca County Court
SuffolkUsher H. MooreDem.-Rep.
Nathaniel PotterDem.-Rep.
Abraham RoseDem.-Rep.
Sullivan
and Ulster		Jacob CoddingtonDem.-Rep.
Abraham I. HardenberghDem.-Rep.
Henry JansenDem.-Rep.
Elnathan SearsDem.-Rep.
TiogaHenry Wells
WashingtonLyman HallDem.-Rep.
James HillDem.-Rep.
John KirtlandDem.-Rep.
Alexander LivingstonDem.-Rep.
Halsey Rogers
WestchesterDarius CrosbyDem.-Rep.
Abraham MillerDem.-Rep.
Jacob OdellDem.-Rep.

Employees

Notes

  1. This is the vote for the members of the Council of Appointment; Hammond gives "73 to 39", see page
  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. http://www.fortklock.com/oldcap.htm The Old Capitol
  4. see Hammond, page 307
  5. This was the first and only time a New York governor prorogued the Legislature, the governor's right to prorogue was abolished by the New York Constitution of 1821.
  6. see hammond, pg. 350f
  7. Henry Yates (1770–1854), brother of Gov. Joseph C. Yates, see bio in Schenectady History
  8. Nathan Smith (c. 1769 – 1836), of Fairfield, First Judge of the Herkimer County Court 1814–1821; see bio in A History of Herkimer County by Nathaniel S. Benton (pages 357ff)

Sources

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "35th New York State Legislature".

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