51st New York State Legislature
# 51st New York State Legislature

The 51st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 1 to December 10, 1828, during the fourth year of DeWitt Clinton's second tenure as Governor of New York, and—after Clinton's death—while Nathaniel Pitcher was Governor, in Albany.

## Background

Under the provisions of the New York Constitution of 1821, 32 Senators were elected on general tickets in eight 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.

State Senator Cadwallader D. Colden resigned on August 30, 1827, leaving a vacancy in the First District.

Before the time of the election in November 1827, the Democratic-Republican Party was split into two factions: the "Bucktails" (led by U.S. Senator Martin Van Buren) and the "Clintonians" (supporters of Gov. DeWitt Clinton). In view of the 1828 United States presidential election, the parties re-aligned: most of the Bucktails became "Jacksonians" (supporters of Andrew Jackson for U.S. president); and most of the Clintonians became "Adams men" (supporters of the re-election of John Quincy Adams).

On September 11, 1826, began the affair surrounding the abduction, and probable murder, of William Morgan which led to the foundation of the Anti-Masonic Party in 1828.

## Elections

The State election was held from November 5 to 7, 1827. John I. Schenck (1st D.), Walker Todd (2nd D.), Moses Warren (3rd D.), Reuben Sanford (4th D.), Nathaniel S. Benton (5th D.), Grattan H. Wheeler (6th D.), George B. Throop (7th D.) and Timothy H. Porter (8th D.) were elected to full terms in the Senate. Jacob Tyson (1st D.) was elected to fill the vacancy.

## Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1828, and adjourned on April 21.

Erastus Root (Jacksonian) was re-elected Speaker unopposed.

On January 5, Lt. Gov. Pitcher informed the State Senate that he was too ill to attend the session, and Peter R. Livingston (J) was elected Temporary President of the State Senate.

On January 31, a caucus of Jacksonian legislators nominated Andrew Jackson for U.S. president.

On February 11, Gov. DeWitt Clinton died—the only governor in New York history to die in office—and Lt. Gov. Pitcher became governor for the remainder of the year.

The Legislature appointed Daniel Moseley as Special Prosecutor to detect and punish the murderers of William Morgan.

The Legislature created the Superior Court of Common Pleas of New York City. Chancellor Samuel Jones was appointed Chief Justice; and Josiah Ogden Hoffman and Congressman Thomas J. Oakley associate justices.

On June 10, a state convention of Adams men met at Albany, and nominated U.S. President John Quincy Adams for re-election.

On July 22, a state convention of Adams men met at Utica; James Fairlie was Chairman; and Tilly Lynde and Thomas Clowes were Secretaries. They nominated U.S. Supreme Court Justice Smith Thompson for Governor, and Assemblyman Francis Granger for Lieutenant Governor.

The Anti-Masonic state convention nominated Assemblyman Francis Granger for Governor, and State Senator John Crary for Lieutenant Governor. Granger declined to run for this office on this ticket, and expected Crary to decline too, so that he, Granger, could be endorsed by the Anti-Masons for Lieutenant Governor. Crary, however, did not decline and ran on the Anti-Masonic ticket with Solomon Southwick for Governor.

The Jacksonian state convention met at Herkimer and nominated U.S. Senator Martin Van Buren for Governor and Circuit Judge Enos T. Throop for Lieutenant Governor.

The Legislature met for a special session on September 9; and adjourned on December 10. At this session the debate on the report of the Board of Revisers of the State Statutes continued.

On October 7, Charles Dayan was elected president pro tempore of the State Senate.

## State Senate

### Districts

* The First District (4 seats) consisted of Kings, New York, Queens, Richmond and Suffolk counties.
* The Second District (4 seats) consisted of Delaware, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties.
* The Third District (4 seats) consisted of Albany, Columbia, Greene, Rensselaer, Schenectady and Schoharie counties.
* The Fourth District (4 seats) consisted of Clinton, Essex, Franklin, Hamilton, Montgomery, St. Lawrence, Saratoga, Warren and Washington counties.
* The Fifth District (4 seats) consisted of Herkimer, Jefferson, Lewis, Madison, Oneida and Oswego counties.
* The Sixth District (4 seats) consisted of Broome, Chenango, Cortland, Otsego, Steuben, Tioga and Tompkins counties.
* The Seventh District (4 seats) consisted of Cayuga, Onondaga, Ontario, Seneca, Wayne and Yates counties.
* The Eighth District (4 seats) consisted of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara and Orleans counties.

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.

| District | Senators | Term left | Party | Notes |
| - | - | - | - | - |
| First | Jacob Tyson | 1 year | Jacksonian | elected to fill vacancy, in place of Cadwallader D. Colden; also First Judge of the Richmond County Court |
| First | Joshua Smith* | 2 years | | |
| First | Robert Bogardus* | 3 years | Jacksonian | |
| First | John I. Schenck | 4 years | Jacksonian | |
| Second | Wells Lake* | 1 year | | |
| Second | Peter R. Livingston* | 2 years | Jacksonian | on January 5, elected president pro tempore |
| Second | Benjamin Woodward* | 3 years | | also Postmaster of Mount Hope |
| Second | Walker Todd | 4 years | Jacksonian | also Postmaster of Carmel |
| Third | Richard McMichael* | 1 year | | |
| Third | Ambrose L. Jordan* | 2 years | Adams man | |
| Third | John McCarty* | 3 years | Jacksonian | |
| Third | Moses Warren | 4 years | Jacksonian | |
| Fourth | John Crary* | 1 year | Adams man | |
| Fourth | John L. Viele* | 2 years | | |
| Fourth | Duncan McMartin Jr.* | 3 years | Adams man | |
| Fourth | Reuben Sanford | 4 years | Adams man | |
| Fifth | Charles Dayan* | 1 year | Jacksonian | on October 7, elected president pro tempore; in November 1828, chosen a presidential elector-at-large |
| Fifth | Charles Stebbins* | 2 years | Jacksonian | |
| Fifth | Truman Enos* | 3 years | Jacksonian | |
| Fifth | Nathaniel S. Benton | 4 years | Jacksonian | until January 10, 1828, also Surrogate of Herkimer Co. |
| Sixth | Stukely Ellsworth* | 1 year | | |
| Sixth | Peter Hager 2d* | 2 years | | |
| Sixth | Thomas G. Waterman* | 3 years | | |
| Sixth | Grattan H. Wheeler | 4 years | Adams man | |
| Seventh | John C. Spencer* | 1 year | Adams man | |
| Seventh | Truman Hart* | 2 years | | |
| Seventh | William M. Oliver* | 3 years | Jacksonian | until March 31, 1828, also First Judge of the Yates County Court |
| Seventh | George B. Throop | 4 years | Jacksonian | |
| Eighth | Samuel Wilkeson* | 1 year | | |
| Eighth | Ethan B. Allen* | 2 years | | |
| Eighth | Charles H. Carroll* | 3 years | Adams man | also First Judge of the Livingston County Court; resigned in March 1828 |
| Eighth | Timothy H. Porter | 4 years | Adams man | |

### Employees

* Clerk: John F. Bacon

## State Assembly

### Districts

* Albany County (3 seats)
* Allegany County (1 seat)
* Broome County (1 seat)
* Cattaraugus County (1 seat)
* Cayuga County (4 seats)
* Chautauqua County (2 seats)
* Chenango County (3 seats)
* Clinton County (1 seat)
* Columbia County (3 seats)
* Cortland County (2 seats)
* Delaware County (2 seats)
* Dutchess County (4 seats)
* Erie County (2 seats)
* Essex County (1 seat)
* Franklin County (1 seat)
* Genesee County (3 seats)
* Greene County (2 seats)
* Hamilton and Montgomery counties (3 seats)
* Herkimer County (3 seats)
* Jefferson County (3 seats)
* Kings County (1 seat)
* Lewis County (1 seat)
* Livingston County (2 seats)
* Madison County (3 seats)
* Monroe County (3 seats)
* The City and County of New York (11 seats)
* Niagara County (1 seat)
* Oneida County (5 seats)
* Onondaga County (4 seats)
* Ontario County (3 seats)
* Orange County (3 seats)
* Orleans County (1 seat)
* Oswego County (1 seat)
* Otsego County (4 seats)
* Putnam County (1 seat)
* Queens County (1 seat)
* Rensselaer County (4 seats)
* Richmond County (1 seat)
* Rockland County (1 seat)
* St. Lawrence County (2 seats)
* Saratoga County (3 seats)
* Schenectady County (1 seat)
* Schoharie County (2 seats)
* Seneca County (2 seats)
* Steuben County (2 seats)
* Suffolk County (2 seats)
* Sullivan County (1 seat)
* Tioga County (2 seats)
* Tompkins County (3 seats)
* Ulster County (2 seats)
* Warren County (1 seat)
* Washington (3 seats)
* Wayne County (2 seats)
* Westchester County (3 seats)
* Yates County (1 seat)

### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

| District | Assemblymen | Party | Notes |
| - | - | - | - |
| Albany | Benjamin F. Butler | Jacksonian | |
| Albany | William N. Sill | | |
| Albany | David I. D. Verplanck | | |
| Allegany | Azel Fitch | | |
| Broome | Peter Robinson* | Jacksonian | |
| Cattaraugus | James McGlashan | | |
| Cayuga | Henry R. Brinckerhoff | | |
| Cayuga | Gardner Kortright* | | |
| Cayuga | William H. Noble | | |
| Cayuga | Philo Sperry | | |
| Chautauqua | Nathaniel Fenton | | previously from Otsego?? |
| Chautauqua | Nathan Mixer | | |
| Chenango | Tilly Lynde | Adams man | |
| Chenango | Henry Mitchell | Jacksonian | |
| Chenango | Robert Monell | Jacksonian | in November 1828, elected to the 21st United States Congress |
| Clinton | Bela Edgerton* | | |
| Columbia | Killian Miller | Adams man | |
| Columbia | Abel S. Peters | | |
| Columbia | Elisha Williams | Adams man | |
| Cortland | John L. Boyd | | |
| Cortland | Nathan Dayton* | Jacksonian | |
| Delaware | Edward Doyle | | |
| Delaware | Erastus Root* | Jacksonian | re-elected Speaker |
| Dutchess | Taber Belding | | |
| Dutchess | Francis A. Livingston | | |
| Dutchess | George W. Slocum | | |
| Dutchess | Nathaniel P. Tallmadge | Jacksonian | |
| Erie | David Burt* | | |
| Erie | Peter B. Porter | Adams man | vacated his seat on May 23, 1828, when appointed as U.S. Secretary of War |
| Essex | Ezra C. Gross | Adams man | |
| Franklin | Luther Bradish | Adams man | |
| Genesee | Dennis Blakeley | | |
| Genesee | Trumbull Cary | | |
| Genesee | John B. Skinner* | Jacksonian | |
| Greene | Elisha Bishop | | |
| Greene | William Faulkner Jr. | | |
| Hamilton and Montgomery | Daniel F. Sacia | Jacksonian | |
| Hamilton and Montgomery | John S. Veeder | | |
| Hamilton and Montgomery | Nathaniel Westcott* | | |
| Herkimer | David R. Carrier | | |
| Herkimer | Abijah Mann, Jr. | Jacksonian | |
| Herkimer | John P. Snell | | |
| Jefferson | David W. Bucklin* | Jacksonian | |
| Jefferson | Alpheus S. Greene* | | |
| Jefferson | Daniel Wardwell* | Jacksonian | |
| Kings | Clarence D. Sackett* | | |
| Lewis | George D. Ruggles | | |
| Livingston | Calvin H. Bryan | | |
| Livingston | William Jones | | |
| Madison | Joseph Clark | | |
| Madison | John Knowles | | |
| Madison | Eri Richardson | | |
| Monroe | Timothy Childs | Adams man | in November 1828, elected to the 21st United States Congress |
| Monroe | Ezra Sheldon Jr. | | |
| Monroe | Francis Storm | | |
| New York | William Alburtis | Jacksonian | |
| New York | Saul Alley | Jacksonian | |
| New York | Philip Brasher* | Jacksonian | |
| New York | Abraham Cargill* | Jacksonian | |
| New York | Isaac Dyckman | Jacksonian | |
| New York | Robert Emmet | Jacksonian | |
| New York | Ogden Hoffman | Jacksonian | |
| New York | Asa Mann | Jacksonian | |
| New York | Shivers Parker | Jacksonian | |
| New York | Alpheus Sherman* | Jacksonian | |
| New York | Lemuel Smith* | Jacksonian | |
| Niagara | John Garnsey* | | |
| Oneida | Gardiner Avery | | |
| Oneida | (Linus Parker) | | Parker did not take or claim the seat; contested by S. Sidney Breese who was seated on January 4 |
| Oneida | Thomas E. Clarke | | |
| Oneida | Benjamin P. Johnson* | | |
| Oneida | Eli Savage | | |
| Onondaga | Timothy Barber | | |
| Onondaga | David Baxter | | |
| Onondaga | Aaron Burt* | | |
| Onondaga | Gideon Frothingham | | |
| Ontario | Heman Chapin | | |
| Ontario | Francis Granger* | Adams man | |
| Ontario | Robert C. Nicholas | Adams man | |
| Orange | Nathaniel Jones* | | |
| Orange | Peter Milliken | | |
| Orange | David M. Westcott | | |
| Orleans | Lyman Bates | | |
| Oswego | Orris Hart* | | |
| Otsego | Joseph Clyde | | |
| Otsego | Horace Lathrop | | |
| Otsego | Arunah Metcalf | Adams man | |
| Otsego | Halsey Spencer | | |
| Putnam | Henry B. Cowles* | Adams man | in November 1828, elected to the 21st United States Congress |
| Queens | Thomas Tredwell* | | |
| Rensselaer | Samuel S. Cheever | Jacksonian | |
| Rensselaer | Alonzo G. Hammond | | |
| Rensselaer | William Pierce | | |
| Rensselaer | Joseph Wadsworth | | |
| Richmond | Abraham Cole* | | |
| Rockland | Levi Sherwood* | | |
| St. Lawrence | Moses Rowley | | |
| St. Lawrence | Jabez Willes | | |
| Saratoga | Alpheus Goodrich | | |
| Saratoga | Thomas Howland | | |
| Saratoga | Eli M. Todd | | |
| Schenectady | Alonzo C. Paige* | Jacksonian | |
| Schoharie | Henry Devereaux | | |
| Schoharie | James Sweetman | | |
| Seneca | Andrew Glover | | |
| Seneca | Erastus Woodworth | | |
| Steuben | Dugald Cameron | | died on March 5, 1828 |
| Steuben | William Woods | Adams man | also Surrogate of Steuben Co. |
| Suffolk | Abraham H. Gardiner | | |
| Suffolk | Tredwell Scudder | | also Supervisor of the Town of Islip |
| Sullivan | Alpheus Dimmick | | |
| Tioga | William Maxwell | | |
| Tioga | Jacob Swartwood | | |
| Tompkins | Amasa Dana | Jacksonian | also D.A. of Tompkins Co. |
| Tompkins | Samuel H. Dean | | |
| Tompkins | Josiah Hedden | | |
| Ulster | Thomas H. Jansen | | |
| Ulster | Jacob J. Schoonmaker | | |
| Warren | Truman B. Hicks | | |
| Washington | Jonathan Mosher | | |
| Washington | Henry Thorn | | |
| Washington | Henry Whiteside | | |
| Wayne | Thomas Armstrong* | Jacksonian | also Supervisor of Butler |
| Wayne | Luther Fillmore | | |
| Westchester | John Fisher* | | |
| Westchester | Nathaniel Montross* | | |
| Westchester | James Turk | | |
| Yates | Morris F. Sheppard | | |

### Employees

* Clerk: Francis Seger
* Sergeant-at-Arms: John C. Ellis
* Doorkeeper: William Seely
* Assistant Doorkeeper: James D. Scollard
