41st New York State Legislature

The 41st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 27 to April 21, 1818, during the first year of DeWitt Clinton's governorship, in Albany.

41st New York State Legislature
←40th 42nd→
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1817 – June 30, 1818
Senate
Members32
PresidentLt. Gov. John Tayler (Dem.-Rep.)
Party controlDemocratic-Republican (27-5)
Assembly
Members126
SpeakerDavid Woods (Dem.-Rep.)
Party controlDemocratic-Republican
Sessions
1stJanuary 27 – April 21, 1818

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.

On February 24, 1817, Gov. Tompkins resigned, to take office as U.S. Vice President on March 4; and Lt. Gov. John Tayler became Acting Governor for the remainder of the legislative year, until June 30. On March 25, the Democratic-Republican State Convention nominated Canal Commissioner DeWitt Clinton for Governor, and Acting Gov. John Tayler for Lieutenant Governor. Clinton received 85 votes against 41 for Peter B. Porter (Buckt.). The Federalist Party did not nominate candidates for governor and lieutenant governor.

On April 6, 1817, State Senator Chauncey Loomis died, leaving a vacancy in the Western District.

On April 7, 1817, Tompkins County was created from parts of Cayuga and Seneca counties, and was apportioned two seats in the Assembly, one each taken from Cayuga and Seneca.[1]

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.[2] The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton and his Erie Canal project) and the Bucktails (led by Att. Gen. Martin Van Buren, and including the Tammany Hall organization in New York City).

Elections

The State election was held from April 29 to May 1, 1817. DeWitt Clinton and John Tayler were elected unopposed.

Senator Jonathan Dayton (Southern D.) was re-elected. Stephen Barnum (Southern D.), Jabez D. Hammond, John Lounsbery (both Middle D.), Roger Skinner, Henry Yates Jr., Samuel Young (all three Eastern D.) and Assemblyman Isaac Wilson (Western D.) were also elected to full terms in the Senate. Assemblyman Jediah Prendergast (Western D.) was elected to fill the vacancy. All nine were Democratic-Republicans.

Sessions

The Legislature met at the Old State Capitol in Albany on January 27, 1818, and adjourned on April 21.

David Woods (Dem.-Rep.) was re-elected Speaker with 97 votes.

Assemblyman Ogden Edwards (Buckt.) proposed a bill to call a State convention to amend the Constitution concerning the appointment of public officers, his object being the abolition of the Council of Appointment. The bill, opposed by Gov. DeWitt Clinton, was eventually rejected, but the issue was pursued further by the Bucktails, and led to the New York State Constitutional Convention of 1821, and a new Constitution.

On April 21, 1818, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year, unless called earlier by the governor.[3]

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. Jediah Prendergast and Isaac Wilson changed from the Assembly to the Senate.

District Senators Term left Party Notes
Southern Darius Crosby* 1 year Dem.-Rep./Bucktail
Peter R. Livingston* 2 years Dem.-Rep./Bucktail elected to the Council of Appointment
Walter Bowne* 3 years Dem.-Rep./Bucktail
John D. Ditmis* 3 years Dem.-Rep./Bucktail
Stephen Barnum 4 years Dem.-Rep./Bucktail
Jonathan Dayton* 4 years Dem.-Rep./Bucktail
Middle Moses I. Cantine* 1 year Dem.-Rep./Bucktail
William Ross* 1 year Dem.-Rep./Clintonian
Isaac Ogden* 2 years Dem.-Rep./Bucktail
Abraham Van Vechten* 2 years Federalist
John Noyes* 3 years Dem.-Rep./Clintonian
Peter Swart* 3 years Dem.-Rep./Clintonian
Martin Van Buren* 3 years Dem.-Rep./Bucktail also New York Attorney General
Jabez D. Hammond 4 years Dem.-Rep./Clintonian elected to the Council of Appointment
John Lounsbery 4 years Dem.-Rep./Clintonian
Eastern John J. Prendergast*[4] 1 year Dem.-Rep./Clintonian
George Tibbits* 1 year Federalist
David Allen* 2 years Federalist
Henry J. Frey* 2 years Federalist
Ralph Hascall* 2 years Federalist from June 11, 1818, also D.A. of Essex Co.
Roger Skinner 4 years Dem.-Rep./Bucktail also U.S. Attorney for the Northern District of New York
Henry Yates Jr. 4 years Dem.-Rep. elected to the Council of Appointment
Samuel Young 4 years Dem.-Rep./Bucktail also an Erie Canal Commissioner
Western Bennett Bicknell* 1 year Dem.-Rep.
Jediah Prendergast*[5] 1 year Dem.-Rep. elected to fill vacancy, in place of Chauncey Loomis;
originally a Clintonian, joined the Bucktails after
he lost the vote for the full term[6]
Philetus Swift* 1 year Dem.-Rep.
Stephen Bates* 2 years Dem.-Rep./Clintonian
Henry Seymour* 2 years Dem.-Rep./Bucktail elected to the Council of Appointment
Ephraim Hart* 3 years Dem.-Rep./Clintonian
John Knox* 3 years Dem.-Rep./Bucktail
William Mallery* 3 years Dem.-Rep.
Isaac Wilson* 4 years Dem.-Rep./Bucktail

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.

District Assemblymen Party Notes
Albany William A. Duer* Federalist previously a member from Dutchess Co.
James Sackett
Gideon Tabor*
Stephen Van Rensselaer Federalist also an Erie Canal Commissioner
Allegany
and Steuben		 James McCall Dem.-Rep. previously a member from Seneca Co.
William B. Rochester* Dem.-Rep.
Broome William W. Harper
Cattaraugus,
Chautauqua
and Niagara		 Robert Fleming
Isaac Phelps
Cayuga William Clark 2nd
Thatcher I. Ferris
Isaac Smith
Chenango Tilly Lynde Dem.-Rep.
Perez Randall
Simon G. Throop Dem.-Rep. from June 11, 1818, also D.A. of Chenango Co.
Clinton and
Franklin		 Gates Hoit Federalist
Columbia Thomas Bay
Benjamin Hilton
Walter Patterson Federalist
Peter Van Vleck
Cortland Samuel G. Hathaway
Delaware William Beach
Erastus Root Dem.-Rep./Bucktail
Dutchess Benjamin Haxton Federalist
Thomas J. Oakley Federalist
Andrew Pray Federalist
Jehiel Sackett Federalist
John W. Wheeler Federalist
Essex John Hoffnagle Dem.-Rep.
Genesee Gilbert Howell Dem.-Rep.
Abraham Matteson
Isaac Sutherland
Greene John L. Bronk
Jarvis Strong
Herkimer Nicoll Fosdick Dem.-Rep.
Aaron Hackley, Jr. Dem.-Rep. in April 1818, elected to the 16th United States Congress
George Rosecrantz* Dem.-Rep.
Jefferson Abel Cole*
Horatio Orvis Dem.-Rep.
Kings Cornelius Van Cleef
Lewis Levi Hart
Madison Thomas Greenly
James Nye
David Woods* Dem.-Rep. previously a member from Washington Co.;
re-elected Speaker
Montgomery Ezekiel Belding Dem.-Rep.
Samuel Jackson* Dem.-Rep.
Henry Lyker Dem.-Rep.
Jacob Shew Dem.-Rep.
Barent H. Vrooman Dem.-Rep.
New York Cadwallader D. Colden Dem.-Rep./Bucktail[7] from February 18, 1818, also Mayor of New York City
Clarkson Crolius* Dem.-Rep./Bucktail
Ogden Edwards Dem.-Rep./Bucktail
Cornelius Heeney* Dem.-Rep./Bucktail
Robert R. Hunter Dem.-Rep./Bucktail
Henry Meigs Dem.-Rep./Bucktail in April 1818, elected to the 16th United States Congress
John Morss Dem.-Rep./Bucktail
Isaac Pierson Dem.-Rep./Bucktail
Peter Sharpe* Dem.-Rep./Bucktail
Samuel Tooker Dem.-Rep./Bucktail
Michael Ulshoeffer Dem.-Rep./Bucktail
Oneida George Brayton Dem.-Rep.
Henry Huntington Dem.-Rep./Clintonian
Joseph Kirkland Federalist
Nathan Williams Dem.-Rep. from June 11, 1818, also D.A. of Oneida Co.
Theor Woodruffe
Onondaga Abijah Earll Dem.-Rep./Bucktail
David Munro Dem.-Rep./Bucktail
James Webb* Dem.-Rep./Bucktail
Asa Wells* Dem.-Rep./Bucktail
Ontario Phinehas P. Bates
Nathaniel Case
Samuel Lawrence
James Roseburgh*
Ira Selby
John Van Vossen
Ezra Waite
Orange Isaac Belknap
Anthony Davis Dem.-Rep.
John McGarrah
William Mulliner
Otsego Joshua Babcock
Stukely Ellsworth
Nathaniel Fenton Dem.-Rep.
John Moore
David Tripp
Putnam William H. Johnstone
Queens Stephen Carman* Federalist
William Jones* Federalist
Daniel Kissam* Federalist
Rensselaer Abijah Bush Federalist
Andrew Finch Federalist contested by Cornelius I. Schermerhorn (Fed.)
who was seated on February 2, 1818
Myndert Groesbeck Federalist
Munson Smith Dem.-Rep.
Thomas Turner Dem.-Rep.
Richmond Richard C. Corson*
Rockland Abraham Gurnee Dem.-Rep.
St. Lawrence David C. Judson
Saratoga John Gibson
Staats Morris
Elisha Powell
Earl Stimson
Schenectady Daniel L. Van Antwerp Dem.-Rep. from June 11, 1818, also D.A. of Albany Co.
Simon A. Veeder
Schoharie William C. Bouck Dem.-Rep.
George H. Mann
Nathan P. Tyler
Seneca vacant[8]
William Thompson* Dem.-Rep.
Suffolk Charles H. Havens
Nathaniel Miller[9]
John P. Osborn Dem.-Rep.
Sullivan
and Ulster		 William Doll
Levi Jansen
Samuel Smith
David Staples
Tioga Gamaliel H. Barstow* Dem.-Rep. from June 22, 1818, also First Judge of the Tioga Co. Court
Tompkins Samuel Crittenden
John Sutton
Warren and
Washington		 Duncan Cameron
Jason Kellogg Dem.-Rep.
Alexander Livingston Dem.-Rep.
John McLean Jr.
Isaac Sargent* Dem.-Rep.
Westchester William Barker Federalist
Benjamin Isaacs Federalist
William Requa Federalist

Employees
  • Clerk: Aaron Clark
  • Sergeant-at-Arms: Caleb Benjamin
  • Doorkeeper: Benjamin Whipple

Notes
  1. Laws of the State of New York (40th Session; pg. 197ff)
  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. Laws of the State of New York (41st Session, 1818; pg. 237
  4. Dr. John Jeffrey Prendergast, physician, of Winfield, brother of State Senator Jediah Prendergast; see Prendergast genealogy
  5. Dr. Jediah Prendergast (1766-1848), physician, of Chautauqua Co., brother of State Senator John J. Prendergast
  6. see Hammond, pg. 463f
  7. Colden was an old Federalist who had joined the Tammany Hall organization and was elected to this Assembly, and appointed Mayor of New York, as a Democratic-Republican/Bucktail; see Hammond, pg. 466. However, in 1820 he was elected to Congress, on the Federalist ticket again.
  8. There is much confusion about the members from Seneca Co. at this session. Myndert M. Dox was returned as elected, claimed his seat, but was not admitted. However, he was paid like a member until the final rejection of his claim. See Laws of the State of New York (41st Session, 1818; pg. 295) It seems that John Sutton was returned as elected from both Seneca Co. and Tompkins Co. which gave Dox a strong argument to pursue his claim vigorously, but without success.
  9. Dr. Nathaniel Miller (1783–1863), physician, of Brookhaven

Sources
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