32nd New York State Legislature


The 32nd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 1, 1808, to March 30, 1809, during the second 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.
On February 8, 1808, State Senator Joseph C. Yates was appointed to the New York Supreme Court, leaving a vacancy in the Eastern District. The Legislature re-apportioned the Senate seats, and transferred one seat each from the Southern, the Middle and the Eastern districts to the Western District.
On April 1, 1808, the Legislature also re-apportioned the Assembly districts. The total number of assemblymen was increased from 100 to 112. Broome and Tioga were separated with 1 seat each. Allegany, Genesee and Ontario were separated with 1 seat for Genesee, 5 for Ontario and Allegany was joined with Steuben. Jefferson, Lewis and St. Lawrence were separated with 2 seats for Jefferson and 1 each for Lewis and St. Lawrence. Cayuga, Chenango, Madison and Onondaga gained 1 seat each; New York City and Oneida gained 2 each. Dutchess, Rensselaer, Washington and Westchester lost 1 seat each. Franklin County was split from Clinton County but remained in the same Assembly district. Niagara County was split from Genesee County, and had 1 seat in the Assembly.
At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.
In 1805, the 28th Legislature had chartered the Merchant's Bank of New York which had been founded by Federalists in competition to the Democratic-Republican Bank of the Manhattan Company. The Democratic-Republican majority of the 27th Legislature had not only refused to grant a charter, but actually ordered the Merchant's Bank to shut down by May 1805. During the next session, the bank bribed enough legislators to have the charter approved, although the Democratic-Republican leaders advocated strongly against it. Gov. Morgan Lewis spoke out in favor of granting the charter what was resented by the party leaders DeWitt Clinton and Ambrose Spencer, and soon led to the split of the party into "Lewisites" and "Clintonians". The 30th Legislature had a Lewisite-Federalist majority and elected a Council of Appointment which removed most Clintonian office-holders. The Lewisites and the Federalists nominated Gov. Morgan Lewis for re-election but he was defeated by Clintonian Daniel D. Tompkins. The 31st New York State Legislature had a Clintonian majority and elected a Council of Appointment which removed most of the Lewisite office-holders, many of whom had been appointed during the previous year.

Elections

The State election was held from April 26 to 28, 1808. Senators Benjamin Coe were re-elected. Edward P. Livingston, David Hopkins, Francis A. Bloodgood, Walter Martin, Luther Rich ; and Assemblymen William W. Gilbert and Sylvanus Smalley were also elected to full terms in the Senate. Silas Halsey was elected to fill the vacancy. Hopkins was a Federalist, Livingston a Lewisite, the other seven were regular Democratic-Republicans.

Sessions

The Legislature met at the Old City Hall in Albany on November 1, 1808, to elect presidential electors; and adjourned on November 8.
James W. Wilkin was elected Speaker with 60 votes against 45 for Stephen Van Rensselaer. Daniel Rodman was re-elected Clerk of the Assembly with 61 votes against 46 for James Van Ingen.
On November 7, 1808, the Legislature elected 19 presidential electors, all Democratic-Republicans: Ambrose Spencer, Henry Huntington, John W. Seaman, Henry Rutgers, John Garretson, Ebenezer White, Thomas Lawrence, James Tallmadge, Jonathan Rouse, Micajah Pettit, Henry Yates Jr., Benjamin Mooers, Adam B. Voorman, Thomas Shankland, William Hallock, Russell Attwater, Joseph Simonds, Hugh Jamison and Matthew Carpenter. They cast 13 votes for James Madison and 6 votes for George Clinton for President; and 13 votes for George Clinton, and 3 votes each for James Madison and James Monroe for Vice President.
The Assembly met for the regular session on January 17, 1809, the Senate assembled a quorum only the next day; and both Houses adjourned on March 30.
On February 7, 1809, the Legislature elected Assemblyman Obadiah German to succeed Samuel L. Mitchill in the U.S. Senate.
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. Most of the Lewisites eventually supported the Embargo, but assailed DeWitt Clinton in the press because he had originally opposed it. The Embargo was very unpopular and led to a revival of the Federalist Party which had been reduced to a small minority, but at the State election in April 1809 would already win a majority of the Assembly seats.

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. William W. Gilbert and Sylvanus Smalley changed from the Assembly to the Senate.
DistrictSenatorsTerm leftPartyNotes
SouthernEzra L'Hommedieu*1 yearDem.-Rep.
SouthernJonathan Ward*2 yearsDem.-Rep.elected to the Council of Appointment
SouthernDeWitt Clinton*3 yearsDem.-Rep.also Mayor of New York City
SouthernBenjamin Coe*4 yearsDem.-Rep.
SouthernWilliam W. Gilbert*4 yearsDem.-Rep.
MiddlePeter C. Adams*1 yearDem.-Rep.
MiddleJames G. Graham*1 yearDem.-Rep./Lewisiteelected to the Council of Appointment
MiddleElisha Barlow*2 yearsDem.-Rep./Lewisite
MiddleJames Burt*2 yearsDem.-Rep./Lewisite
MiddleJoshua H. Brett*3 yearsDem.-Rep./Lewisite
MiddleRobert Williams*3 yearsDem.-Rep./Lewisite
MiddleEdward P. Livingston4 yearsDem.-Rep./Lewisite
EasternAdam Comstock*1 yearDem.-Rep.
EasternJohn Veeder*1 yearDem.-Rep.
EasternJacob Snell*2 yearsDem.-Rep./Lewisite
EasternIsaac Kellogg*3 yearsDem.-Rep.elected to the Council of Appointment
EasternJohn McLean*3 yearsDem.-Rep.
EasternCharles Selden*3 yearsDem.-Rep.
EasternJohn Tayler*3 yearsDem.-Rep.
EasternDavid Hopkins4 yearsFederalist
WesternSilas Halsey1 yearDem.-Rep.elected to fill vacancy, in place of Joseph C. Yates;
also Seneca County Clerk
WesternNathaniel Locke*1 yearDem.-Rep.
WesternJohn Nicholas*1 yearDem.-Rep./Lewisite
WesternJohn Ballard*2 yearsDem.-Rep.
WesternSalmon Buell*2 yearsDem.-Rep.
WesternJacob Gebhard*2 yearsDem.-Rep.
WesternNathan Smith*2 yearsDem.-Rep.
WesternAlexander Rea*3 yearsDem.-Rep.elected to the Council of Appointment
WesternFrancis A. Bloodgood4 yearsDem.-Rep.
WesternWalter Martin4 yearsDem.-Rep.
WesternLuther Rich4 yearsDem.-Rep.
WesternSylvanus Smalley*4 yearsDem.-Rep.

Employees

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.
DistrictAssemblymenPartyNotes
AlbanyJohn Brown*
AlbanyJohn H. Burhans
AlbanyJohann Jost Dietz*Federalist
AlbanyJonathan Jenkins*
AlbanyStephen Van Rensselaer*FederalistMinority Leader
AlbanyAbraham Van Vechten*Federalist
Allegany
and Steuben		Henry A. TownsendDem.-Rep.
BroomeEleazar Dana
CayugaHenry BloomDem.-Rep.
CayugaEbenezer HewittDem.-Rep.
CayugaCharles KelloggDem.-Rep.
ChenangoSamuel Campbell
ChenangoObadiah German*Dem.-Rep.on February 7, 1809, elected to the U.S. Senate
ChenangoEbenezer WakleyDem.-Rep.
Clinton and
Franklin		Kinner NewcombDem.-Rep.
ColumbiaJames Hyatt
ColumbiaMoncrief LivingstonFederalist
ColumbiaGaius Stebbins
ColumbiaJacob R. Van Rensselaer*Federalist
DelawareDaniel Fuller
DelawareDavid St. John
DutchessSamuel A. BarkerFederalist
DutchessGeorge Bloom
DutchessDerick A. Brinckerhoff
DutchessEbenezer HaightFederalist
DutchessBenajah ThompsonDem.-Rep.
DutchessJesse ThompsonFederalist
EssexBenjamin Pond*Dem.-Rep.
GeneseeWilliam Ramsey*Dem.-Rep.
GreeneJames GaleFederalist
GreeneEliakim ReedFederalist
HerkimerAaron Budlong*Dem.-Rep.
HerkimerJohn M. Petrie*Dem.-Rep.
HerkimerWestel Willoughby, Jr.*Dem.-Rep.
JeffersonDavid I. AndrusDem.-Rep.
JeffersonCorlis HindsDem.-Rep.
KingsJeremiah JohnsonFederalist
LewisJudah Barnes
MadisonOliver BrownFederalist
MadisonJohn W. Bulkley*Federalist
MadisonDavid Van HorneFederalist
MontgomeryDaniel CadyFederalist
MontgomeryJohn FayDem.-Rep.
MontgomeryJohn GreeneFederalist
MontgomeryRichard Van HorneFederalist
Montgomeryvacant
New YorkJohn P. Anthony
New YorkJoseph Constant
New YorkFrancis Cooper*Dem.-Rep.
New YorkJames FairlieDem.-Rep.
New YorkThomas Farmar*
New YorkFrederick Jenkins
New YorkCaleb Pell
New YorkNathan SanfordDem.-Rep.
New YorkArthur SmithDem.-Rep.
New YorkSolomon Townsend*
New YorkBeekman M. Van Buren
NiagaraArchibald S. ClarkeDem.-Rep.also Surrogate of Niagara County
OneidaJoel Bristol
OneidaJames Dean Sr.
OneidaDavid OstromFederalist
OneidaJohn StorrsFederalist
OneidaBenjamin Wright*
OnondagaJacobus DupuyDem.-Rep.
OnondagaAsahel MinorDem.-Rep.
OnondagaBarnet MooneyDem.-Rep.
OntarioMicah BrooksDem.-Rep.
OntarioSamuel Lawrence
OntarioRichard Leech
OntarioHugh McNair
OntarioWilliam Rogers
OrangeAnthony DavisDem.-Rep.
OrangeDavid DillDem.-Rep.
OrangeWilliam Ross*Dem.-Rep.
OrangeJames W. Wilkin*Dem.-Rep.elected Speaker
OtsegoHaviland Chase
OtsegoRoger Kinne
OtsegoMartin Luce
OtsegoHenry Scott*Dem.-Rep.
QueensStephen CarmanFederalist
QueensDavid KissamFederalist
QueensWilliam TownsendFederalist
RensselaerDerick Lane
RensselaerHenry PlattFederalist
RensselaerCornelius I. SchermerhornFederalist
RensselaerIsrael Shepard
RichmondDavid Mersereau*Dem.-Rep.
RocklandSamuel G. Verbryck*Dem.-Rep.
St. LawrenceAlexander Richards
SaratogaNehemiah Cande
SaratogaSalmon Child*Dem.-Rep.
SaratogaDavid RogersDem.-Rep.
SaratogaDaniel L. Van AntwerpDem.-Rep.
SchoharieJohn Ingold Jr.Federalist
SchoharieJohn RiceFederalist
SenecaJames McCall
SuffolkMills Phillips
SuffolkAbraham Rose
SuffolkDaniel T. Terry
TiogaEmanuel Coryell*Federalist
UlsterJoshua DumondFederalist
UlsterPeter LefevreFederalist
UlsterCornelius Low
UlsterWilliam SwartFederalist
WashingtonKitchel Bishop*Dem.-Rep.
WashingtonJames Hill*Dem.-Rep.
WashingtonAlexander LivingstonDem.-Rep.
WashingtonRoger SkinnerDem.-Rep.
WashingtonReuben WhallonDem.-Rep.
WestchesterWilliam BarkerFederalist
WestchesterAbraham OdellFederalist
WestchesterSamuel YoungsFederalist

Employees