The 33rd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 30 to April 6, 1810, during the third 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 sessions would meet on the last Tuesday of January each year, unless called earlier by the governor.
In 1808, Cortland County was separated from Onondaga County, and in 1809, it was allocated one seat in the Assembly, taken from Onondaga. In 1809, Schenectady County was split from Albany County, and was apportioned 2 seats in the Assembly, taken from Albany. Also in 1809, Sullivan County was split from Ulster County, but both remained in a joint Assembly district.
At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.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.
At this time the major political controversy was the Embargo Act of 1807 which was supported by the Democratic-Republicans, but opposed by the Federalists. 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 already won a majority of the Assembly seats.
Elections The State election was held from April 25 to 27, 1809. Israel Carll (Southern D.), Johannes Bruyn, Samuel Haight (both Middle D.), Daniel Paris, John Stearns, (both Eastern D.), Amos Hall, Seth Phelps and Jonas Platt (all three Western D.) were elected to the Senate. Carll, Bruyn and Haight were Democratic-Republicans, the other five were Federalists.
Sessions The Legislature met at the Old City Hall in Albany on January 30, 1810; and adjourned on April 6.
William North (Fed.) was elected Speaker with 59 votes against 45 for William Livingston (Dem.-Rep.). James Van Ingen (Fed.) was elected Clerk of the Assembly with 59 votes against 47 for the incumbent Daniel Rodman (Dem.-Rep.). The incumbent Thomas D. Donnelly (Dem.-Rep.) was re-elected Sergeant-at-Arms of the Assembly with 55 votes against 49 for Jacob C. Cuyler (Fed.).
On February 8, the Legislature elected Abraham G. Lansing (Fed.) to succeed David Thomas (Dem.-Rep.) as New York State Treasurer.
On March 13, 1810, State Senator Jonas Platt presented his project for a bipartisan Canal Commission to the State Legislature, and two days later the Legislature appointed Gouverneur Morris, Assemblyman Stephen Van Rensselaer, Speaker William North, Thomas Eddy (all four Fed.), State Senator DeWitt Clinton, Surveyor General Simeon DeWitt and Congressman Peter B. Porter (all three Dem.-Rep.) a "Commission to Explore a Route for a Canal to Lake Erie, and Report".
State Senate Districts The Southern District (5 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties. The Middle District (7 seats) consisted of Dutchess, Orange, Ulster, Columbia, Delaware, Rockland, Greene and Sullivan counties. The Eastern District (8 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex, Montgomery, Franklin and Schenectady counties. The Western District (12 seats) consisted of Herkimer, Ontario, Otsego, Tioga, Onondaga, Schoharie, Steuben, Chenango, Oneida, Cayuga, Genesee, Seneca, Jefferson, Lewis, St. Lawrence, Allegany, Broome, Madison, Niagara and Cortland 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.
District Senators Term left Party Notes SouthernJonathan Ward*1 year Dem.-Rep.DeWitt Clinton*2 years Dem.-Rep.until February 2, 1810, also Mayor of New York City; on March 15, 1810, appointed to the Erie Canal CommissionBenjamin Coe*3 years Dem.-Rep.William W. Gilbert*3 years Dem.-Rep.Israel Carll4 years Dem.-Rep.elected to the Council of Appointment MiddleElisha Barlow*1 year Dem.-Rep.James Burt*1 year Dem.-Rep.Joshua H. Brett*2 years Dem.-Rep.Robert Williams*2 years FederalistWilliams had been elected as a Democratic-Republican in 1807, but combined with the Federalists at this session: He was elected to the Council of Appointment by the Federalist majority, and then joined the other two Federalist councillors to outvote Carll and Gov. Tompkins. Since there were no Federalists from the Southern and the Middle districts, the Federalist Assembly majority had to choose 2 Democratic-Republicans who with Gov. Tompkins would have retained a majority in the Council. With Williams's help the Federalists proceeded to remove most of the Dem.-Rep. office-holders, and Williams's son-in-law Thomas J. Oakley was appointed Surrogate Dutchess Co. to succeed James Tallmadge, Jr. elected to the Council of AppointmentEdward P. Livingston*3 years Dem.-Rep.Johannes Bruyn4 years Dem.-Rep.Samuel Haight4 years Dem.-Rep. EasternJacob Snell*1 years Dem.-Rep.Isaac Kellogg*2 years Dem.-Rep.John McLean*2 years Dem.-Rep.Charles Selden*2 years Dem.-Rep.John Tayler*2 years Dem.-Rep.David Hopkins*3 years FederalistDaniel Paris4 years Federalistelected to the Council of AppointmentJohn Stearns4 years Federalist WesternJohn Ballard*1 year Dem.-Rep.Salmon Buell*1 year Dem.-Rep.Jacob Gebhard*1 year Dem.-Rep.Nathan Smith*Nathan Smith (ca. 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)1 year Dem.-Rep.Alexander Rea*2 years Dem.-Rep.Francis A. Bloodgood*3 years Dem.-Rep.Walter Martin*3 years Dem.-Rep.Luther Rich*3 years Dem.-Rep.Sylvanus Smalley*3 years Dem.-Rep.Amos Hall4 years Federalistelected to the Council of AppointmentSeth Phelps4 years FederalistJonas Platt4 years Federalist
Employees Clerk: Sebastian Visscher
State Assembly Districts
Albany County (4 seats) Allegany and Steuben counties (1 seat) Broome County (1 seat) Cayuga County (3 seats) Chenango County (3 seats) Clinton and Franklin counties (1 seat) Columbia County (4 seats) Cortland County (1 seat) Delaware County (2 seats) Dutchess County (6 seats) Essex County (1 seat) Genesee County (1 seat) Greene County (2 seats) Herkimer County (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 (1 seat) Oneida County (5 seats) Onondaga County (2 seats) Ontario County (5 seats) Orange County (4 seats) Otsego County (4 seats) Queens County (3 seats) Rensselaer County (4 seats) Richmond County (1 seat) Rockland County (1 seat) St. Lawrence County (1 seat) Saratoga County (4 seats) Schenectady County (2 seats) Schoharie County (2 seats) Seneca County (1 seat) Suffolk County (3 seats) Sullivan and Ulster counties (4 seats) Tioga County (1 seat) Washington County (5 seats) Westchester County (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. Nathaniel Locke changed from the Senate to the Assembly.