The 12th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from December 11, 1788, to March 3, 1789, during the twelfth year of George Clinton's governorship, in Albany.
Background Under the provisions of the New York Constitution of 1777, the State Senators were elected on general tickets in the senatorial districts, and were then divided into four classes. Six senators each drew lots for a term of 1, 2, 3 or 4 years and, beginning at the election in April 1778, every year six Senate seats came up for election to a four-year term. Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.
In March 1786, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year unless called earlier by the governor. No general meeting place was determined, leaving it to each Legislature to name the place where to reconvene, and if no place could be agreed upon, the Legislature should meet again where it adjourned.
Elections The State election was held from April 29 to May 1, 1788. Senators Ezra L'Hommedieu (Southern D.) and Peter Van Ness (Western D.) were re-elected; and Paul Micheau, Isaac Roosevelt (both Southern D.), and Assemblyman James Clinton (Middle D.) were also elected to the Senate. Assemblyman Edward Savage (Eastern D.) may have been elected at the same time to the State Senate (Eastern D.) and to the Assembly (Washington Co.) but was seated in the Assembly; the Senate seat vacated by the expiration of Ebenezer Russell's term remained vacant.
At the same time, delegates to a Convention to deliberate upon the adoption of the U.S. Constitution were elected. This was the first time that the politicians were divided into two opposing political parties: those who advocated the creation of a stronger federal government and the adoption of the US Constitution, as drafted, were henceforth known as Federalists, those who advocated stronger State governments and demanded many changes to the proposed Constitution as Anti-Federalists, or Democratic-Republicans.The Anti-Federalists soon 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.
Sessions The Convention met from June 17 to July 26, 1788, at Poughkeepsie, and ratified the U.S. Constitution by a vote of 30 to 27.
The State Legislature met on December 11, 1788, at the Old City Hall in Albany; and adjourned on March 3, 1789.
On January 27, 1789, the Legislature divided the State of New York into six congressional districts, and the first congressional elections in New York were held on March 3 and 4, 1789.
In February and March 1789, the Legislature debated at length "An act for prescribing the times, places and manner of holding elections for Senators of the United States of America, to be chosen in this State" but the Anti-Federalist Assembly majority and the Federalist Senate majority could not agree, and they adjourned without having elected U.S. Senators. Both parties hoped to win the next State election, to be held in April 1789, and agreed to adjourn earlier than usual, leaving it to the new members to find a way out of the deadlock.
State Senate Districts The Southern District (9 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties. The Middle District (6 seats) consisted of Dutchess, Orange and Ulster counties. The Eastern District (3 seats) consisted of Washington, Cumberland and Gloucester counties. The Western District (6 seats) consisted of Albany, ColumbiaThe Civil List of 1858 places Columbia Co. in the Eastern D. but this is contradicted by Schechter (pg. 181). Columbia was partitioned from Albany, and no senatorial re-apportionment being made must have remained in the Western D., it was transferred to the Eastern D. only in 1791. and Montgomery 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. James Clinton changed from the Assembly to the Senate. The vote of the members of this Legislature who had been delegates to the US Constitution ratifying convention is marked either "For ratification" or "Against ratification".
District Senators Term left Party Notes SouthernThomas Tredwell*1 year Anti-Fed.Against ratificationLewis Morris*2 years FederalistFor ratificationJohn Vanderbilt*2 years FederalistJames Duane*3 years FederalistFor ratificationJohn Laurance*3 years Federalistelected on March 3–4, 1789, to the 1st United States CongressSamuel Townsend*3 years Anti-Fed.elected to the Council of AppointmentEzra L'Hommedieu*4 years Fed./Anti-Fed.L'Hommedieu ran on both tickets for re-election, but was at this time "clearly a Federalist"see Schechter (pg. 200)Paul Micheau4 years FederalistIsaac Roosevelt4 years FederalistFor ratification MiddleJohn Haring*1 year Anti-Fed.Against ratificationCornelius Humfrey*1 yearJohn Hathorn*2 years Anti-Fed.elected to the Council of Appointment; elected on March 3–4, 1789, to the 1st United States CongressAnthony Hoffman*3 years FederalistJacobus Swartwout*3 years Anti-Fed.Against ratificationJames Clinton*4 years Anti-Fed.Against ratification EasternDavid Hopkins* 1 year Anti-Fed.Against ratificationJohn Williams*2 years Anti-Fed.Against ratification; elected to the Council of AppointmentThis was the only time Williams was elected to the Council of Appointment. After his expulsion in 1779, Williams was ostracised by the other members when he served another three terms in the Senate(1782-1794)—to the extent of electing in 1782 the absent Elkanah Day, who never took his seat—and Williams was elected this year only because the previous member David Hopkins was ineligible this year and the other seat was vacant.vacant4 yearsEdward Savage is listed in the Civil List of 1858, but he was seated in the Assembly during this session.The Reluctant Pillar:New York and the Adoption of the Federal Constitution by Stephen L. Schechter (page 203) WesternVolkert P. Douw*1 yearPhilip Schuyler*1 year FederalistPeter Schuyler*Peter Schuyler, of Canajoharie (now Danube, New York), nephew of fellow senator Philip Schuyler2 years FederalistAbraham Yates Jr.*2 years Anti-Fed.Jellis Fonda*3 yearsPeter Van Ness*4 years Anti-Fed.Against ratification; elected to the Council of Appointment
Employees Clerk: Abraham B. Bancker
State Assembly Districts The City and County of Albany (7 seats) Columbia County (3 seats) Cumberland County (3 seats) Dutchess County (7 seats) Gloucester County (2 seats) Kings County (2 seats) Montgomery County) (6 seats) The City and County of New York (9 seats) Orange County (4 seats) Queens County (4 seats) Richmond County (2 seats) Suffolk County (5 seats) Ulster County (6 seats) Washington County (4 seats) Westchester County (6 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. The vote of the members of this Legislature who had been delegates to the US Constitution ratifying convention is marked either "For ratification" or "Against ratification".
County Assemblymen Party Notes AlbanyJohn Duncan Anti-Fed.John Lansing Jr. Anti-Fed.elected Speaker; also Mayor of Albany; Against ratificationJohn Thompson Anti-Fed.Cornelius Van Dyck Anti-Fed.Henry K. Van Rensselaer Anti-Fed.Jeremiah Van Rensselaer Anti-Fed.John Younglove* Fed./Anti-Fed.Younglove ran on both ticketsSee Schechter (p. 181), also note that there are only six names listed as Federalists in the election result. ColumbiaMatthew Adgate Anti-Fed.Against ratificationJohn Bay Anti-Fed.Against ratification; previously a member from Albany Co.John Kortz Anti-Fed.Cumberland none No election returns from these countiesCumberland and Gloucester counties seceded from the Province of New York in January 1777, and became part of the Vermont Republic, while the Constitutional Convention was still debating the new Constitution. The New York Constitution was approved in April 1777, not recognizing the secession. Neither county did file any election returns with the Secretary of State of New York in 1788.Gloucester Dutchess County Jonathan Akins Anti-Fed.Against ratificationSamuel A. Barker Fed./Anti-Fed.Barker ran on both ticketsSee Schechter (p. 182)Isaac Bloom* Fed./Anti-Fed.Bloom ran on both ticketsJohn DeWitt Jr.* Anti-Fed.For ratificationJacob Griffin Anti-Fed.Gilbert Livingston FederalistFor ratificationMatthew Patterson* KingsAquila GilesPeter Vandervoort FederalistFor ratification Montgomery John Frey* Anti-Fed.Against ratificationWilliam Harper Anti-Fed.Against ratificationHenry Staring Anti-Fed.Against ratificationVolkert Veeder* Anti-Fed.Against ratificationJohn Winn* Anti-Fed.Against ratificationChristopher P. Yates Anti-Fed. New YorkWilliam W. GilbertRichard Harison* FederalistNicholas Hoffman FederalistHenry Brockholst LivingstonNicholas Low* FederalistAlexander MacombComfort Sands* FederalistGulian Verplanck* FederalistJohn Watts Jr. Federalist Orange John Carpenter Anti-Fed.Jeremiah Clark* Anti-Fed.Henry Wisner Jr.* Anti-Fed.vacantThe election was tied in fourth place: the incumbent Peter Taulman (A.-F.) and James Post (Fed.) received 128 votes each, thus there was "no choice." QueensStephen Carman* Anti-Fed.For ratificationWhitehead Cornwell* Anti-Fed.For ratificationSamuel Jones* Anti-Fed.For ratificationJohn Schenck Anti-Fed.For ratification RichmondAbraham BanckerAbraham Bancker, nephew of Evert Bancker FederalistFor ratificationJohn C. Dongan* Anti-Fed. SuffolkNathaniel Gardiner FederalistJonathan N. Havens* Anti-Fed.For ratificationDavid Hedges* Anti-Fed.Henry Scudder Anti-Fed.For ratificationJohn Smith* Anti-Fed.For ratification UlsterJohn Cantine* Anti-Fed.Against ratificationEbenezer Clark Anti-Fed.Against ratificationJohannes G. Hardenbergh Anti-Fed.Cornelius C. Schoonmaker* Anti-Fed.Against ratificationNathan Smith* Anti-Fed.Christopher TappenChristopher Tappen, of Kingston, brother of Cornelia Tappen, the wife of Gov. George Clinton Anti-Fed. WashingtonJoseph McCracken Anti-Fed.Edward Savage* Anti-Fed.Peter B. Tearse* Anti-Fed.Alexander Webster* Anti-Fed. WestchesterThaddeus Crane FederalistFor ratificationJonathan Horton FederalistPhilip LivingstonPhilip Livingston, son of Peter Van Brugh Livingston FederalistFor ratificationNathan Rockwell FederalistWalter Seaman FederalistPhilip Van Cortlandt FederalistFor ratification
Employees Clerk: John McKesson
Notes
Sources The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 108 for Senate districts; pg. 113f for senators; pg. 148f for Assembly districts; pg. 164f for assemblymen; pg. 54f for U.S. Constitution ratifying convention] Election result Assembly, Albany Co. at project "A New Nation Votes", compiled by Phil Lampi, hosted by Tufts University Digital Library Election result Assembly, Columbia Co. at project "A New Nation Votes" Election result Assembly, Orange Co. at project "A New Nation Votes" Election result Assembly, Queens Co. at project "A New Nation Votes"