35th New York State Legislature

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.

35th New York State Legislature
←34th 36th→
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1811 – June 30, 1812
Senate
Members32
PresidentLt. Gov. DeWitt Clinton (Dem.-Rep.)
Party controlDemocratic-Republican (26–6)
Assembly
Members112
SpeakerAlexander Sheldon (Dem.-Rep.)
Party controlDemocratic-Republican (66–38)[1]
Sessions
1stJanuary 28 – March 27, 1812
2ndMay 21 – June 19, 1812

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.[2]

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 Capitol[3] 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."[4] 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 Legislature[5] 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.[6]

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
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
Southern Benjamin Coe* 1 year Dem.-Rep.
William W. Gilbert* 1 year Dem.-Rep. elected to the Council of Appointment
Israel 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
Middle Edward P. Livingston* 1 year Dem.-Rep.
Johannes Bruyn* 2 years Dem.-Rep. elected to the Council of Appointment
Samuel Haight* 2 years Dem.-Rep.
Morgan Lewis* 3 years Dem.-Rep.
James W. Wilkin* 3 years Dem.-Rep.
Erastus Root 4 years Dem.-Rep.
William Taber 4 years Dem.-Rep.
Eastern David Hopkins* 1 year Federalist
Daniel Paris* 2 years Federalist
John Stearns* 2 years Federalist
Henry Yates Jr.*[7] 3 years Dem.-Rep. elected to the Council of Appointment
Elisha Arnold 4 years Dem.-Rep.
Kitchel Bishop 4 years Dem.-Rep.
Ruggles Hubbard 4 years Dem.-Rep.
John Tayler* 4 years Dem.-Rep.
Western Francis A. Bloodgood* 1 year Dem.-Rep. elected to the Council of Appointment
Walter Martin* 1 year Dem.-Rep.
Luther Rich* 1 year Dem.-Rep.
Sylvanus Smalley* 1 year Dem.-Rep.
Amos Hall* 2 years Federalist
Seth Phelps* 2 years Federalist
Jonas Platt* 2 years Federalist
Reuben Humphrey* 3 years Dem.-Rep.
Nathan Smith*[8] 3 years Dem.-Rep.
Philetus Swift* 3 years Dem.-Rep.
Henry A. Townsend* 3 years Dem.-Rep.
Casper M. Rouse 4 years Dem.-Rep.

Employees
  • Clerk: Sebastian Visscher

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 Asa Colvard Federalist
Jesse Tyler Federalist
Abraham Van Vechten* Federalist
John G. Van Zandt Federalist
Allegany
and Steuben		 Jacob Teeple
Broome Chauncey Hyde Dem.-Rep.
Cattaraugus,
Chautauqua
and Niagara		 Ebenezer Walden
Cayuga Stephen Close* Dem.-Rep.
Humphrey Howland
Thomas Ludlow Dem.-Rep.
Chenango Samuel Campbell
Silas Holmes
Denison Randall
Clinton and
Franklin		 Gates Hoit* Federalist
Columbia Thomas Brodhead
Thomas P. Grosvenor* Federalist
Timothy Oakley
Jacob R. Van Rensselaer* Federalist
Cortland Billy Trowbridge*
Delaware Daniel H. Burr Dem.-Rep.
Isaac Ogden Dem.-Rep.
Dutchess Joseph Arnold
Cyrus Benjamin
Isaac Bryan
Henry Dodge Federalist
John Warren
Robert Weeks
Essex Delevan Delance*
Genesee Zacheus Colby
Greene John Ely
Simon Sayre
Herkimer Robert Burch* Dem.-Rep.
Rudolph I. Shoemaker Dem.-Rep.
Samuel Woodworth
Jefferson David I. Andrus Dem.-Rep.
John Durkee
Kings John C. Vanderveer* Dem.-Rep.
Lewis Willam Darrow
Madison Bennett Bicknell Dem.-Rep.
Nathaniel Cole Dem.-Rep.
Samuel H. Coon Dem.-Rep.
Montgomery John Fay Dem.-Rep.
Daniel Hurlbut*
Archibald McIntyre Dem.-Rep. also New York State Comptroller
George H. Nellis*
Alexander Sheldon Dem.-Rep. elected Speaker
New York Thomas Carpenter* Federalist
Isaac S. Douglass Federalist
James Heard Federalist
Samuel Jones Jr. Federalist
Jacob Lorillard Federalist
Thomas R. Mercein* Federalist
Peter W. Radcliff Federalist
Abraham Russell Federalist
Isaac Sebring* Federalist
James Smith Federalist
James Tylee Federalist
Oneida Isaac Brayton* Federalist
Joel Bristol Federalist
Erastus Clark Federalist
George Huntington* Federalist
John Storrs* Federalist
Onondaga Barnet Mooney Dem.-Rep.
Jonathan Stanley Jr. Dem.-Rep.
Ontario Nathaniel Allen
Valentine Brother Federalist
David Sutherland
Joshua Vanfleet
Ezra Waite
Orange John Gasherie died March 8, 1812
Peter Holbert
Seth Marvin*
William Ross* Dem.-Rep.
Otsego Daniel Hawks*
Isaac Hayes* Dem.-Rep.
Elijah H. Metcalf* Dem.-Rep.
Robert Roseboom* Dem.-Rep.
Queens Stephen Carman* Federalist
John Fleet Federalist
Daniel Kissam* Federalist
Rensselaer George Gardner
Stephen Gregory
Abraham L. Viele
Stephen Warren
Richmond James Guyon, Jr. Dem.-Rep.
Rockland Peter S. Van Orden* Dem.-Rep.
St. Lawrence Roswell Hopkins* Federalist
Saratoga Joel Keeler
Zebulon Mott
Avery Starkweather
John W. Taylor Dem.-Rep.
Schenectady James Boyd* Dem.-Rep.
John Young* Dem.-Rep.
Schoharie Henry Hager* Dem.-Rep.
John Redington Dem.-Rep.
Seneca Oliver C. Comstock Dem.-Rep. from May 27, 1812, also First Judge of the Seneca County Court
Suffolk Usher H. Moore Dem.-Rep.
Nathaniel Potter Dem.-Rep.
Abraham Rose Dem.-Rep.
Sullivan
and Ulster		 Jacob Coddington Dem.-Rep.
Abraham I. Hardenbergh Dem.-Rep.
Henry Jansen Dem.-Rep.
Elnathan Sears Dem.-Rep.
Tioga Henry Wells
Washington Lyman Hall Dem.-Rep.
James Hill Dem.-Rep.
John Kirtland Dem.-Rep.
Alexander Livingston Dem.-Rep.
Halsey Rogers
Westchester Darius Crosby* Dem.-Rep.
Abraham Miller* Dem.-Rep.
Jacob Odell* Dem.-Rep.

Employees
  • Clerk: Samuel North
  • Sergeant-at-Arms: Thomas Donnelly
  • Doorkeeper: Benjamin Whipple

Notes
  1. This is the vote for the members of the Council of Appointment; Hammond gives "73 to 39", see page
  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. The Old Capitol Archived December 15, 2010, at the Wayback Machine transcribed from The Centennial Celebrations of the State of New York (issued by the Secretary of State, 1879; Weed, Parsons & Co. Printers, Albany)
  4. see Hammond, page 307
  5. This 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.
  6. see hammond, pg. 350f
  7. Henry Yates (1770–1854), brother of Gov. Joseph C. Yates, see bio in Schenectady History
  8. 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)

Sources
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