# 24th New York State Legislature

The 24th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 4, 1800, to April 8, 1801, during the sixth year of John Jay's governorship, in Albany.

## Background

Under the provisions of the New York Constitution of 1777, amended by the re-apportionment of March 4, 1796, Senators were elected on general tickets in the senatorial districts for four-year terms. They were divided into four classes, and every year about one fourth of the 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.
Senator John Addison died in 1800, leaving a vacancy in the Middle District.
In 1800, Greene County was created from parts of Albany and Ulster counties, and was apportioned 2 seats in the Assembly, one each taken from Albany and Ulster.
In August 1800, U.S. Senator John Laurance (Fed.) resigned.
At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.

## Elections

The State election was held from April 29 to May 1, 1800. Senators William Denning (Southern D.), James Gordon (Eastern D.) and Jedediah Sanger (Western D.) were re-elected. Benjamin Huntting, Ebenezer Purdy (both Southern D.), James W. Wilkin, David Van Ness, Solomon Sutherland, John C. Hogeboom (all four Middle D.), Stephen Lush (Eastern D.) and Assemblyman Robert Roseboom (Western D.) were also elected to full terms in the Senate. Jacobus S. Bruyn (Middle D.) was elected to a one-year term to fill the vacancy. Gordon, Sanger and Lush were Federalists, the other nine were Democratic-Republicans.

## Sessions

The Legislature met at the Old City Hall in Albany on November 4, 1800, to elect presidential electors; and the Senate adjourned on November 7, the Assembly on November 8.
Dem.-Rep. Samuel Osgood was elected Speaker with 62 votes against 31 for Federalist Dirck Ten Broeck.
On November 6, 1800, the Legislature elected 12 presidential electors, all Democratic-Republicans: William Floyd, Isaac Ledyard, Anthony Lispenard, Philip Van Cortlandt Jr., James Burt, Gilbert Livingston, Thomas Jenkins, Peter Van Ness, Robert Ellis, John Woodworth, Jeremiah Van Rensselaer and Jacob Eaker. They cast their votes for Thomas Jefferson and Aaron Burr.
On November 6, 1800, the Legislature elected John Armstrong (Dem.-Rep.) to fill the vacancy in the U.S. Senate.
The Legislature met for the regular session on January 27, 1801; and adjourned on April 8.
On January 27, 1801, John Armstrong was re-elected to a full term in the U.S. Senate.
On February 26, 1801, Gov. John Jay sent a message to the Assembly about the controversy that had arisen in the Council of Appointment concerning the right to nominate appointees. Jay held that only the governor could nominate somebody, and the councillors then could only approve or reject this nomination. The Dem.-Rep. councillors however claimed that they too had the right to nominate appointees, and Jay had adjourned the council and did not make any appointments anymore. Jay asked the Assembly to solve the problem, but they refused, claiming that it was a constitutional issue to be decided by the Governor and Council. Jay asked then the chancellor and the justices of the New York Supreme Court for their opinion, but they refused to give it, claiming that to give opinions was outside the scope of their constitutional duties. To find a way out of the impasse, the Legislature passed on April 6 an "Act Recommending a Convention" which called for the election of delegates to a convention, to consider amending the State Constitution concerning the Council of Appointment and the apportionment of the State Legislature.

## State Senate
### Districts

* The Southern District (9 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties.
* The Middle District (12 seats) consisted of Dutchess, Orange, Ulster, Columbia, Delaware, Rockland and Greene counties.
* The Eastern District (11 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga and Essex counties.
* The Western District (11 seats) consisted of Montgomery, Herkimer, Ontario, Otsego, Tioga, Onondaga, Schoharie, Steuben, Chenango, Oneida and Cayuga counties.

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Robert Roseboom changed from the Assembly to the Senate.
| District | Senators | Term left | Party | Notes |
| Southern | Ezra L'Hommedieu* | 1 year | Dem.-Rep. | |
| Southern | DeWitt Clinton* | 2 years | Dem.-Rep. | elected to the Council of Appointment |
| Southern | David Gelston* | 2 years | Dem.-Rep. | also Surrogate of New York County |
| Southern | John Schenck* | 2 year | Dem.-Rep. | |
| Southern | John B. Coles* | 3 years | Federalist | |
| Southern | Richard Hatfield* | 3 years | Federalist | |
| Southern | William Denning* | 4 years | Dem.-Rep. | |
| Southern | Benjamin Huntting | 4 years | Dem.-Rep. | |
| Southern | Ebenezer Purdy | 4 years | Dem.-Rep. | |
| Middle | Jacobus S. Bruyn | 1 year | Dem.-Rep. | elected to fill vacancy, in place of John Addison |
| Middle | Peter Cantine Jr.* | 1 year | Federalist | |
| Middle | James G. Graham* | 1 year | Dem.-Rep. | |
| Middle | Ebenezer Foote* | 2 years | Federalist | also Delaware County Clerk |
| Middle | Ambrose Spencer* | 2 years | Dem.-Rep. | also Assistant Attorney General (3rd D.); elected to the Council of Appointment |
| Middle | Isaac Bloom* | 3 years | Dem.-Rep. | |
| Middle | John Hathorn* | 3 years | Dem.-Rep. | |
| Middle | John Suffern* | 3 years | Dem.-Rep. | |
| Middle | John C. Hogeboom | 4 years | Dem.-Rep. | |
| Middle | Solomon Sutherland | 4 years | Dem.-Rep. | |
| Middle | David Van Ness | 4 years | Dem.-Rep. | |
| Middle | James W. Wilkin | 4 years | Dem.-Rep. | |
| Eastern | Ebenezer Clark* | 1 year | Federalist | |
| Eastern | Anthony Ten Eyck* | 1 year | Federalist | |
| Eastern | Jacobus Van Schoonhoven* | 1 year | Federalist | |
| Eastern | Abraham Van Vechten* | 1 year | Federalist | also Recorder of the City of Albany |
| Eastern | Leonard Gansevoort* | 2 years | Federalist | |
| Eastern | John Sanders* | 2 years | Federalist | elected to the Council of Appointment |
| Eastern | Zina Hitchcock* | 3 years | Federalist | |
| Eastern | Ebenezer Russell* | 3 years | Federalist | |
| Eastern | Moses Vail* | 3 years | Federalist | vacated his seat upon appointment as Sheriff of Rensselaer County on November 11, 1800 |
| Eastern | James Gordon* | 4 years | Federalist | |
| Eastern | Stephen Lush | 4 years | Federalist | |
| Western | Thomas Morris* | 1 year | Federalist | elected in April 1800 to the 7th United States Congress |
| Western | Michael Myers* | 1 year | Federalist | |
| Western | Seth Phelps* | 1 year | Federalist | |
| Western | William Beekman* | 2 years | Federalist | |
| Western | John Frey* | 2 years | Federalist | |
| Western | Frederick Gettman* | 2 years | Federalist | |
| Western | Thomas R. Gold* | 2 years | Federalist | also Assistant Attorney General (7th D.) |
| Western | Vincent Mathews* | 3 years | Federalist | |
| Western | Moss Kent* | 3 years | Federalist | |
| Western | Robert Roseboom* | 4 years | Dem.-Rep. | elected to the Council of Appointment |
| Western | Jedediah Sanger* | 4 years | Federalist | also First Judge of the Oneida County Court |

### Employees

* Clerk: Abraham B. Bancker

## State Assembly
### Districts

* Albany County (8 seats)
* Cayuga County (1 seat)
* Chenango County (2 seats)
* Clinton and Essex counties (1 seat)
* Columbia County (6 seats)
* Delaware County (2 seats)
* Dutchess County (10 seats)
* Greene County (2 seats)
* Herkimer County (3 seats)
* Kings County (1 seat)
* Montgomery County (6 seats)
* The City and County of New York (13 seats)
* Oneida County (3 seats)
* Onondaga County (1 seat)
* Ontario and Steuben counties (2 seats)
* Orange County (5 seats)
* Otsego County (4 seats)
* Queens County (4 seats)
* Rensselaer County (6 seats)
* Richmond County (1 seat)
* Rockland County (1 seat)
* Saratoga County (5 seats)
* Schoharie County (1 seat)
* Suffolk County (4 seats)
* Tioga County (1 seat)
* Ulster County (4 seats)
* Washington County (6 seats)
* Westchester County (5 seats)

### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
| District | Assemblymen | Party | Notes |
| Albany | Johann Jost Dietz* | Federalist | f |
| Albany | Prince Doty* | Federalist | |
| Albany | John Vernon Henry* | Federalist | also New York State Comptroller |
| Albany | Joseph Shurtleff* | Federalist | |
| Albany | Dirck Ten Broeck* | Federalist | |
| Albany | Jacob Ten Eyck | Federalist | |
| Albany | Peter West | Federalist | |
| Albany | Jacob Winne* | Federalist | |
| Cayuga | Silas Halsey* | Dem.-Rep. | |
| Chenango | Jonathan Forman | | |
| Chenango | James Glover | | |
| Clinton and Essex | vacant | | Benjamin Mooers and Daniel Ross were tied in first place with 229 votes each, so there was "no choice" |
| Columbia | William Cantine | Federalist | |
| Columbia | Asa Douglass | Federalist | |
| Columbia | Dirck Gardenier | Federalist | |
| Columbia | Ezekiel Gilbert* | Federalist | |
| Columbia | John Livingston | Federalist | |
| Columbia | Elisha Williams | Federalist | |
| Delaware | Gabriel North | Dem.-Rep. | |
| Delaware | Erastus Root | Dem.-Rep. | |
| Dutchess | Abraham Adriance* | Dem.-Rep. | |
| Dutchess | Benjamin Akins | Dem.-Rep. | |
| Dutchess | Elisha Barlow | Dem.-Rep. | |
| Dutchess | Nicholas H. Emigh | Dem.-Rep. | |
| Dutchess | Robert Johnston* | Dem.-Rep. | |
| Dutchess | Ebenezer Mott* | Federalist | |
| Dutchess | Zalman Sanford | | |
| Dutchess | Isaac Sherwood* | Dem.-Rep. | |
| Dutchess | Smith Thompson | Dem.-Rep. | |
| Dutchess | John M. Thurston | Dem.-Rep. | |
| Greene | Thomas E. Barker | Federalist | previously a member from Albany Co. |
| Greene | Caleb Benton | | previously a member from Columbia Co. |
| Herkimer | Nathan Smith | Dem.-Rep. | |
| Herkimer | Evans Wharry | Dem.-Rep. | |
| Herkimer | George Widrig | Dem.-Rep. | |
| Kings | Jacob Sharpe Jr.* | Dem.-Rep. | |
| Montgomery | Cornelius Humfrey* | Dem.-Rep. | |
| Montgomery | Archibald McIntyre* | Dem.-Rep. | |
| Montgomery | Alexander Sheldon | Dem.-Rep. | |
| Montgomery | Jacob Snell* | Dem.-Rep. | |
| Montgomery | Simon Veeder* | Dem.-Rep. | |
| Montgomery | Christopher P. Yates | Dem.-Rep. | |
| New York | Philip I. Arcularius | Dem.-Rep. | |
| New York | John Broome | Dem.-Rep. | |
| New York | George Clinton | Dem.-Rep. | in April 1801 elected again Governor of New York |
| New York | Horatio Gates | Dem.-Rep. | |
| New York | James Hunt | Dem.-Rep. | |
| New York | Henry Brockholst Livingston | Dem.-Rep. | |
| New York | Elias Nexsen | Dem.-Rep. | |
| New York | Samuel Osgood | Dem.-Rep. | elected Speaker |
| New York | Ezekiel Robins | Dem.-Rep. | |
| New York | Henry Rutgers | Dem.-Rep. | |
| New York | Thomas Storm | Dem.-Rep. | |
| New York | John Swartwout | Dem.-Rep. | |
| New York | George Warner | Dem.-Rep. | |
| Oneida | Jesse Curtiss | | |
| Oneida | Abel French | Federalist | |
| Oneida | David Ostrom* | Federalist | |
| Onondaga | Asa Danforth | Dem.-Rep. | |
| Ontario and Steuben | Lemuel Chipman | Federalist | |
| Ontario and Steuben | Nathaniel Norton* | Federalist | |
| Orange | Aaron Burr | Dem.-Rep. | previously a member from New York City; elected U.S. Vice President on February 17, 1801, and took office on March 4, thus vacating his seat in the Assembly |
| Orange | James Clinton | Dem.-Rep. | previously a member from Ulster Co. |
| Orange | Andrew McCord* | Dem.-Rep. | |
| Orange | Peter Townsend | Dem.-Rep. | |
| Orange | Henry Tucker | Dem.-Rep. | |
| Otsego | Benjamin Hicks | Federalist | previously a member from Rensselaer Co. |
| Otsego | Solomon Martin | Federalist | |
| Otsego | Jedediah Peck* | Dem.-Rep. | |
| Otsego | Jacob Ten Broeck* | Dem.-Rep. | |
| Queens | Jonah Hallett* | Dem.-Rep. | |
| Queens | Abraham Monfoort* | Dem.-Rep. | |
| Queens | Joseph Pettit | Dem.-Rep. | |
| Queens | John I. Skidmore* | Dem.-Rep. | |
| Rensselaer | Jonathan Brown | Dem.-Rep. | |
| Rensselaer | John Lovett | Federalist | |
| Rensselaer | James McKown* | Federalist | |
| Rensselaer | Josiah Masters* | Dem.-Rep. | |
| Rensselaer | Hosea Moffitt | Federalist | |
| Rensselaer | John E. Van Alen | Federalist | |
| Richmond | Paul I. Micheau | Federalist | |
| Rockland | Samuel G. Verbryck* | | |
| Saratoga | Daniel Bull* | | |
| Saratoga | Adam Comstock* | Dem.-Rep. | |
| Saratoga | Henry Corl Jr. | Federalist | |
| Saratoga | James Merrill | | |
| Saratoga | James Warren* | | |
| Schoharie | Joseph Borst Jr. | | |
| Suffolk | Nicoll Floyd* | Dem.-Rep. | |
| Suffolk | Jared Landon* | Dem.-Rep. | |
| Suffolk | Abraham Miller | Dem.-Rep. | |
| Suffolk | Mills Phillips | Dem.-Rep. | |
| Tioga | Edward Edwards | Federalist | |
| Ulster | Benjamin Bevier Jr. | Dem.-Rep. | |
| Ulster | Conrad E. Elmendorf | Federalist | also Assistant Attorney General (2nd D.) |
| Ulster | Philip Eltinge | Federalist | |
| Ulster | Joseph Hasbrouck Jr. | Dem.-Rep. | |
| Washington | Seth Alden | Federalist | |
| Washington | David Hopkins | Federalist | |
| Washington | Gerrit G. Lansing | Federalist | |
| Washington | Timothy Leonard | Federalist | |
| Washington | William McAuley | Federalist | |
| Washington | Edward Savage* | Dem.-Rep. | |
| Westchester | Abijah Gilbert | Dem.-Rep. | |
| Westchester | Robert Graham | Federalist | |
| Westchester | Abraham Odell | Dem.-Rep. | |
| Westchester | Abel Smith* | Dem.-Rep. | |
| Westchester | Thomas Thomas | Dem.-Rep. | |

### Employees

* Clerk: James Van Ingen
* Sergeant-at-Arms: Ephraim Hunt
* Doorkeeper: Peter Hansen