The 38th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from September 26, 1814, to April 18, 1815, during the eighth 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.
State Senator John Tayler had been elected Lieutenant Governor of New York in 1813, leaving a vacancy in the Eastern 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.
Elections The State election was held from April 26 to 28, 1814. Senator Philetus Swift (Western D.) was re-elected. Darius Crosby (Southern D.), Moses I. Cantine (Middle D.), George Tibbits (Eastern D.), Bennett Bicknell, Chauncey Loomis, John J. Prendergast (all three Western D.); and Assemblyman William Ross (Middle D.) were also elected to full terms in the Senate. Guert Van Schoonhoven (Eastern D.) was elected to fill the vacancy. Tibbits was a Federalist, the other eight were Democratic-Republicans.
Sessions The Legislature met at the Old State Capitol in Albany on September 26, 1814, to enact legislation concerning the War against Great Britain; and adjourned on October 24.
Samuel Young (Dem.-Rep.) was elected Speaker with 61 votes against 35 for James Emott (Fed.). Aaron Clark (Dem.-Rep.) was elected Clerk of the Assembly with 60 votes against 37 for James Van Ingen (Fed.). At the end of this session, Jesse Buel was appointed by the Legislature to succeed Solomon Southwick as State Printer.
The Legislature met for the regular session on January 31, 1815; and adjourned on April 18.
On January 31, the Dem.-Rep. Assembly majority elected a new Council of Appointment which removed almost all Federalist officeholders.
On February 7, the Legislature elected State Senator Nathan Sanford (Dem.-Rep.) to succeed Obadiah German (Dem.-Rep.) as U.S. Senator from New York.
On April 8, 1815, the Legislature re-apportioned the Assembly districts, increasing the total number of assemblymen from 112 to 126.
On April 17, 1815, the Legislature re-apportioned the Senate districts: Dutchess, Putnam and Rockland Co. (and 1 seat) were transferred from the Middle to the Southern District; Albany Co. from the Eastern, and Chenango, Otsego and Schoharie Co. from the Western (and 3 seats) were transferred to the Middle District; Herkimer, Jefferson, Lewis and St. Lawrence Co. (and 3 seats) were transferred from the Western to the Eastern District. It was however too late to use this new apportionment at the State election held later this month.
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, Sullivan and Putnam counties. The Eastern District (8 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex, Montgomery, Franklin, Schenectady and Warren 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. William Ross changed from the Assembly to the Senate.
District Senators Term left Party Notes SouthernNathan Sanford*1 year Dem.-Rep.until March 21, 1815, also United States Attorney for the District of New York; on February 7, 1815, elected to the U.S. SenateElbert H. Jones*2 years Federalistresigned on March 6, 1815Peter W. Radcliff*2 years FederalistJonathan Dayton*3 years Dem.-Rep.elected to the Council of AppointmentDarius Crosby4 years Dem.-Rep. MiddleErastus Root*1 year Dem.-Rep.William Taber*1 year Dem.-Rep.Martin Van Buren*2 years Dem.-Rep.from February 17, 1815, also New York Attorney GeneralLucas Elmendorf*3 years Dem.-Rep.elected to the Council of AppointmentSamuel G. Verbryck*3 years Dem.-Rep.Moses I. Cantine4 years Dem.-Rep.William Ross*4 years Dem.-Rep. EasternElisha Arnold*1 year Dem.-Rep.Kitchel Bishop*1 year Dem.-Rep.Ruggles Hubbard*1 year Dem.-Rep.elected to the Council of Appointment; from April 20, 1815, also Sheriff of New York CountyGuert Van Schoonhoven1 year Dem.-Rep.Van Schoonhoven was an old Federalist, but was nominated by the Anti-Clintonians to oppose Solomon Southwick who had himself nominated as a Clintonian and Federalist. Apparently, most Federalists voted for Van Schoonhoven who defeated Southwick.elected to fill vacancy, in place of John TaylerGerrit Wendell*2 years FederalistJames Cochran*3 years FederalistSamuel Stewart*3 years FederalistGeorge Tibbits4 years Federalist WesternCasper M. Rouse*1 year Dem.-Rep.Russell Attwater*2 years Dem.-Rep.Francis A. Bloodgood*2 years Dem.-Rep.Archibald S. Clarke*2 years Dem.-Rep.Henry Hager*2 years Dem.-Rep.Henry Bloom*3 years Dem.-Rep.Perley Keyes*3 years Dem.-Rep.from December 9, 1814, also Collector of Customs at Sackett's HarborFarrand Stranahan*3 years Dem.-Rep.elected to the Council of AppointmentBennett Bicknell4 years Dem.-Rep.Chauncey Loomis4 years Dem.-Rep.Philetus Swift*4 years Dem.-Rep.John J. Prendergast4 years Dem.-Rep.
Employees Clerk: John F. Bacon
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) Cortland County (1 seat) Columbia County (4 seats) Delaware County (2 seats) Dutchess County (5 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) Putnam County (1 seat) 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) Warren and Washington counties (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.
District Assemblymen Party Notes AlbanyHarmanus Bleecker* FederalistSylvester FordJesse Tyler FederalistJohn D. Winneor John L. Winne*?Allegany and SteubenDaniel Cruger* Dem.-Rep.BroomeAsa LeonardCattaraugus, Chautauqua and NiagaraJoseph McClure CayugaJohn H. Beach Dem.-Rep.Silas Bowker*Barnabas Smith Dem.-Rep. ChenangoJohn GuthrieThompson MeadRobert Monell Dem.-Rep.Clinton and FranklinRobert Platt Federalist ColumbiaHenry Livingston FederalistAugustus TremainJacob R. Van Rensselaer* Federalistuntil February 16, 1815, also Secretary of State of New YorkElisha Williams* FederalistCortlandSamuel G. Hathaway Dem.-Rep. DelawareRobert Clark Dem.-Rep.Asahel E. Paine DutchessJohn Beadle FederalistJoel Benton FederalistWilliam A. Duer* FederalistJames Emott* FederalistJames Grant FederalistEssexReuben Sanford Dem.-Rep.GeneseeIsaac Sutherland GreeneJames Gale FederalistMartin G. Van Bergen HerkimerJonas Cleland* Dem.-Rep.Aaron Hackley, Jr.* Dem.-Rep.John McCombs Dem.-Rep. JeffersonEthel Bronson* Federalist(Mark Hopkins)The Civil List mentions only Bronson, but the election result shows Hopkins as second most voted. Federalistor vacant?KingsTeunis Schenck Dem.-Rep.LewisEla Collins Dem.-Rep.from March 15, 1815, also District Attorney of the 8th District Madison David BeecherWindsor ComanJohn Mattison Montgomery Solomon DiefendorfJohn EisenlordAlexander St. JohnJohn ShulerAlvah Southworth New YorkCharles BaldwinFrancis Cooper Dem.-Rep.Jacob Drake Dem.-Rep.Ogden Edwards Dem.-Rep.Isaac Pierson Dem.-Rep.Peter Sharpe Dem.-Rep.Joseph SmithPeter StaggSamuel TorbettGeorge Warner Dem.-Rep.Augustus Wright Dem.-Rep. OneidaTheodore HillJohn LayJames Lynch* FederalistRufus PettiboneJohn Storrs Federalist Onondaga Hezekiah L. Granger Dem.-Rep.James Porter Dem.-Rep. Ontario Peter Allen Dem.-Rep.John PriceJames RoseburghIra SelbyDavid Sutherland* Orange Hezekiah BelknapEdward ElyJames Finch Jr. Dem.-Rep.Benjamin Woodward OtsegoNathaniel Fenton Dem.-Rep.Lemuel Fitch Dem.-Rep.Arunah Metcalf Dem.-Rep.Robert Roseboom Dem.-Rep.PutnamDavid Knapp QueensStephen Carman* FederalistDaniel Kissam* FederalistSolomon Wooden RensselaerDavid Allen FederalistHenry A. Lake FederalistJacob A. Ten Eyck FederalistZebulon Scriven FederalistRichmondJesse Oakley FederalistRocklandPeter S. Van Orden* Dem.-Rep.St. LawrenceDavid A. Ogden Federalist SaratogaBenjamin CowlesHowel GardnerRichard KetchumSamuel Young* Dem.-Rep.elected Speaker SchenectadyEzekiel Sexton Dem.-Rep.John Victory Dem.-Rep. SchoharieWilliam C. Bouck* Dem.-Rep.William Dietz*SenecaDavid Woodcock Dem.-Rep. SuffolkJohn P. Osborn Dem.-Rep.Tredwell Scudder Dem.-Rep.John Wells Dem.-Rep. Sullivan and UlsterWessel BroadheadDarius MartinDavid StaplesThomas Van GaasbeckTiogaCaleb Baker* Dem.-Rep. Warren and WashingtonJohn Gale Dem.-Rep.Henry Mattison Dem.-Rep.Nathaniel Pitcher Dem.-Rep.John Richards Dem.-Rep.Isaac Sargent Dem.-Rep. WestchesterBenjamin Isaacs FederalistPeter J. Munro FederalistWilliam Requa Federalist
Employees Clerk: Aaron Clark 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) [see pg. 108f for Senate districts; pg. 122 for senators; pg. 148f for Assembly districts; pg. 189f for assemblymen] 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 375-400) at project "A New Nation Votes", compiled by Phil Lampi, hosted by Tufts University Digital Library [gives only votes from Clinton Co.] at project "A New Nation Votes" at project "A New Nation Votes"