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.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.
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 CapitolThe Old Capitol transcribed from The Centennial Celebrations of the State of New York (issued by the Secretary of State, 1879; Weed, Parsons & Co. Printers, Albany) 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."see Hammond, page 307 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 LegislatureThis 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. 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.see hammond, pg. 350f
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 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, Cortland, Cattaraugus and Chautauqua 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. Nathan Sanford changed from the Assembly to the Senate.
District Senators Term left Party Notes SouthernBenjamin Coe*1 year Dem.-Rep.William W. Gilbert*1 year Dem.-Rep.elected to the Council of AppointmentIsrael Carll*2 years Dem.-Rep.Ebenezer White*3 years Dem.-Rep.Nathan Sanford*4 years Dem.-Rep.also United States Attorney for the District of New York MiddleEdward P. Livingston*1 year Dem.-Rep.Johannes Bruyn*2 years Dem.-Rep.elected to the Council of AppointmentSamuel Haight*2 years Dem.-Rep.Morgan Lewis*3 years Dem.-Rep.James W. Wilkin*3 years Dem.-Rep.Erastus Root4 years Dem.-Rep.William Taber4 years Dem.-Rep. EasternDavid Hopkins*1 year FederalistDaniel Paris*2 years FederalistJohn Stearns*2 years FederalistHenry Yates Jr.*Henry Yates (1770–1854), brother of Gov. Joseph C. Yates, see bio in Schenectady History3 years Dem.-Rep.elected to the Council of AppointmentElisha Arnold4 years Dem.-Rep.Kitchel Bishop4 years Dem.-Rep.Ruggles Hubbard4 years Dem.-Rep.John Tayler*4 years Dem.-Rep. WesternFrancis A. Bloodgood*1 year Dem.-Rep.elected to the Council of AppointmentWalter Martin*1 year Dem.-Rep.Luther Rich*1 year Dem.-Rep.Sylvanus Smalley*1 year Dem.-Rep.Amos Hall*2 years FederalistSeth Phelps*2 years FederalistJonas Platt*2 years FederalistReuben Humphrey*3 years Dem.-Rep.Nathan Smith*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)3 years Dem.-Rep.Philetus Swift*3 years Dem.-Rep.Henry A. Townsend*3 years Dem.-Rep.Casper M. Rouse4 years Dem.-Rep.
Employees Clerk: Sebastian Visscher
State Assembly Districts
Albany County (4 seats) Allegany and Steuben counties (1 seat) Broome County (1 seat) Cattaraugus, Chautauqua and Niagara counties (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) 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.