# 38th New York State Legislature

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.

## 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.

### 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 |
| Southern | Nathan 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. Senate |
| Southern | Elbert H. Jones* | 2 years | Federalist | resigned on March 6, 1815 |
| Southern | Peter W. Radcliff* | 2 years | Federalist | |
| Southern | Jonathan Dayton* | 3 years | Dem.-Rep. | elected to the Council of Appointment |
| Southern | Darius Crosby | 4 years | Dem.-Rep. | |
| Middle | Erastus Root* | 1 year | Dem.-Rep. | |
| Middle | William Taber* | 1 year | Dem.-Rep. | |
| Middle | Martin Van Buren* | 2 years | Dem.-Rep. | from February 17, 1815, also New York Attorney General |
| Middle | Lucas Elmendorf* | 3 years | Dem.-Rep. | elected to the Council of Appointment |
| Middle | Samuel G. Verbryck* | 3 years | Dem.-Rep. | |
| Middle | Moses I. Cantine | 4 years | Dem.-Rep. | |
| Middle | William Ross* | 4 years | Dem.-Rep. | |
| Eastern | Elisha Arnold* | 1 year | Dem.-Rep. | |
| Eastern | Kitchel Bishop* | 1 year | Dem.-Rep. | |
| Eastern | Ruggles Hubbard* | 1 year | Dem.-Rep. | elected to the Council of Appointment; from April 20, 1815, also Sheriff of New York County |
| Eastern | Guert Van Schoonhoven | 1 year | Dem.-Rep. | elected to fill vacancy, in place of John Tayler |
| Eastern | Gerrit Wendell* | 2 years | Federalist | |
| Eastern | James Cochran* | 3 years | Federalist | |
| Eastern | Samuel Stewart* | 3 years | Federalist | |
| Eastern | George Tibbits | 4 years | Federalist | |
| Western | Casper M. Rouse* | 1 year | Dem.-Rep. | |
| Western | Russell Attwater* | 2 years | Dem.-Rep. | |
| Western | Francis A. Bloodgood* | 2 years | Dem.-Rep. | |
| Western | Archibald S. Clarke* | 2 years | Dem.-Rep. | |
| Western | Henry Hager* | 2 years | Dem.-Rep. | |
| Western | Henry Bloom* | 3 years | Dem.-Rep. | |
| Western | Perley Keyes* | 3 years | Dem.-Rep. | from December 9, 1814, also Collector of Customs at Sackett's Harbor |
| Western | Farrand Stranahan* | 3 years | Dem.-Rep. | elected to the Council of Appointment |
| Western | Bennett Bicknell | 4 years | Dem.-Rep. | |
| Western | Chauncey Loomis | 4 years | Dem.-Rep. | |
| Western | Philetus Swift* | 4 years | Dem.-Rep. | |
| Western | John J. Prendergast | 4 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)

### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
| District | Assemblymen | Party | Notes |
| Albany | Harmanus Bleecker* | Federalist | |
| Albany | Sylvester Ford | | |
| Albany | Jesse Tyler | Federalist | |
| Albany | John D. Winne | | or John L. Winne*? |
| Allegany and Steuben | Daniel Cruger* | Dem.-Rep. | |
| Broome | Asa Leonard | | |
| Cattaraugus, Chautauqua and Niagara | Joseph McClure | | |
| Cayuga | John H. Beach | Dem.-Rep. | |
| Cayuga | Silas Bowker* | | |
| Cayuga | Barnabas Smith | Dem.-Rep. | |
| Chenango | John Guthrie | | |
| Chenango | Thompson Mead | | |
| Chenango | Robert Monell | Dem.-Rep. | |
| Clinton and Franklin | Robert Platt | Federalist | |
| Columbia | Henry Livingston | Federalist | |
| Columbia | Augustus Tremain | | |
| Columbia | Jacob R. Van Rensselaer* | Federalist | until February 16, 1815, also Secretary of State of New York |
| Columbia | Elisha Williams* | Federalist | |
| Cortland | Samuel G. Hathaway | Dem.-Rep. | |
| Delaware | Robert Clark | Dem.-Rep. | |
| Delaware | Asahel E. Paine | | |
| Dutchess | John Beadle | Federalist | |
| Dutchess | Joel Benton | Federalist | |
| Dutchess | William A. Duer* | Federalist | |
| Dutchess | James Emott* | Federalist | |
| Dutchess | James Grant | Federalist | |
| Essex | Reuben Sanford | Dem.-Rep. | |
| Genesee | Isaac Sutherland | | |
| Greene | James Gale | Federalist | |
| Greene | Martin G. Van Bergen | | |
| Herkimer | Jonas Cleland* | Dem.-Rep. | |
| Herkimer | Aaron Hackley, Jr.* | Dem.-Rep. | |
| Herkimer | John McCombs | Dem.-Rep. | |
| Jefferson | Ethel Bronson* | Federalist | |
| Jefferson | (Mark Hopkins) | Federalist | or vacant? |
| Kings | Teunis Schenck | Dem.-Rep. | |
| Lewis | Ela Collins | Dem.-Rep. | from March 15, 1815, also District Attorney of the 8th District |
| Madison | David Beecher | | |
| Madison | Windsor Coman | | |
| Madison | John Mattison | | |
| Montgomery | Solomon Diefendorf | | |
| Montgomery | John Eisenlord | | |
| Montgomery | Alexander St. John | | |
| Montgomery | John Shuler | | |
| Montgomery | Alvah Southworth | | |
| New York | Charles Baldwin | | |
| New York | Francis Cooper | Dem.-Rep. | |
| New York | Jacob Drake | Dem.-Rep. | |
| New York | Ogden Edwards | Dem.-Rep. | |
| New York | Isaac Pierson | Dem.-Rep. | |
| New York | Peter Sharpe | Dem.-Rep. | |
| New York | Joseph Smith | | |
| New York | Peter Stagg | | |
| New York | Samuel Torbett | | |
| New York | George Warner | Dem.-Rep. | |
| New York | Augustus Wright | Dem.-Rep. | |
| Oneida | Theodore Hill | | |
| Oneida | John Lay | | |
| Oneida | James Lynch* | Federalist | |
| Oneida | Rufus Pettibone | | |
| Oneida | John Storrs | Federalist | |
| Onondaga | Hezekiah L. Granger | Dem.-Rep. | |
| Onondaga | James Porter | Dem.-Rep. | |
| Ontario | Peter Allen | Dem.-Rep. | |
| Ontario | John Price | | |
| Ontario | James Roseburgh | | |
| Ontario | Ira Selby | | |
| Ontario | David Sutherland* | | |
| Orange | Hezekiah Belknap | | |
| Orange | Edward Ely | | |
| Orange | James Finch Jr. | Dem.-Rep. | |
| Orange | Benjamin Woodward | | |
| Otsego | Nathaniel Fenton | Dem.-Rep. | |
| Otsego | Lemuel Fitch | Dem.-Rep. | |
| Otsego | Arunah Metcalf | Dem.-Rep. | |
| Otsego | Robert Roseboom | Dem.-Rep. | |
| Putnam | David Knapp | | |
| Queens | Stephen Carman* | Federalist | |
| Queens | Daniel Kissam* | Federalist | |
| Queens | Solomon Wooden | | |
| Rensselaer | David Allen | Federalist | |
| Rensselaer | Henry A. Lake | Federalist | |
| Rensselaer | Jacob A. Ten Eyck | Federalist | |
| Rensselaer | Zebulon Scriven | Federalist | |
| Richmond | Jesse Oakley | Federalist | |
| Rockland | Peter S. Van Orden* | Dem.-Rep. | |
| St. Lawrence | David A. Ogden | Federalist | |
| Saratoga | Benjamin Cowles | | |
| Saratoga | Howel Gardner | | |
| Saratoga | Richard Ketchum | | |
| Saratoga | Samuel Young* | Dem.-Rep. | elected Speaker |
| Schenectady | Ezekiel Sexton | Dem.-Rep. | |
| Schenectady | John Victory | Dem.-Rep. | |
| Schoharie | William C. Bouck* | Dem.-Rep. | |
| Schoharie | William Dietz* | | |
| Seneca | David Woodcock | Dem.-Rep. | |
| Suffolk | John P. Osborn | Dem.-Rep. | |
| Suffolk | Tredwell Scudder | Dem.-Rep. | |
| Suffolk | John Wells | Dem.-Rep. | |
| Sullivan and Ulster | Wessel Broadhead | | |
| Sullivan and Ulster | Darius Martin | | |
| Sullivan and Ulster | David Staples | | |
| Sullivan and Ulster | Thomas Van Gaasbeck | | |
| Tioga | Caleb Baker* | Dem.-Rep. | |
| Warren and Washington | John Gale | Dem.-Rep. | |
| Warren and Washington | Henry Mattison | Dem.-Rep. | |
| Warren and Washington | Nathaniel Pitcher | Dem.-Rep. | |
| Warren and Washington | John Richards | Dem.-Rep. | |
| Warren and Washington | Isaac Sargent | Dem.-Rep. | |
| Westchester | Benjamin Isaacs | Federalist | |
| Westchester | Peter J. Munro | Federalist | |
| Westchester | William Requa | Federalist | |

### Employees

* Clerk: Aaron Clark
* Sergeant-at-Arms: Thomas Donnelly
* Doorkeeper: Benjamin Whipple