36th New York State Legislature
# 36th New York State Legislature

The 36th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 3, 1812, to April 13, 1813, during the sixth 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.

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 28 to 30, 1812. Senator Francis A. Bloodgood (Western D.) was re-elected. Elbert H. Jones (Southern D.), Martin Van Buren (Middle D.), Gerrit Wendell ( Eastern D.), Russell Attwater, Archibald S. Clarke (both Western D.); and Assemblymen Peter W. Radcliff (Southern D.) and Henry Hager (Western D.) were also elected to the Senate. Jones, Radcliff and Wendell were Federalists, the other five were Democratic-Republicans.

On May 28, a caucus of Dem.-Rep. legislators nominated DeWitt Clinton for U.S. president. On June 18, the United States declared War against Great Britain. The Federalists opposed the war; the Democratic-Republican Party split into two factions: the Clintonians (supporters of DeWitt Clinton and mostly opposed to the war) and the Madisonians (supporters of President James Madison and the war).

In September 1812, State Treasurer David Thomas was arrested in Chenango County on a warrant issued by Supreme Court Justice Ambrose Spencer, and tried before Justice William W. Van Ness, for an attempt to bribe State Senator Casper M. Rouse to vote for the chartering of the Bank of America during the previous session of the Legislature, but was acquitted by the jury. At the same time, Solomon Southwick was tried in Montgomery County before Chief Justice James Kent, for an attempt to bribe Alexander Sheldon, then Speaker of the Assembly, for the same purpose, but was also found not guilty.

## Sessions

The Legislature met at the Old State Capitol in Albany on November 3, 1812, to elect presidential electors; and adjourned on November 11.

Jacob R. Van Rensselaer (Fed.) was elected Speaker with 58 votes against 46 for William Ross (Dem.-Rep.). James Van Ingen (Fed.) was again elected Clerk of the Assembly with 57 votes against 46 for John F. Bacon (Dem.-Rep.).

Although the Democratic-Republicans had a small majority on joint ballot, and should have supported the party's caucus nominee, the Madisonians refused to support Clinton. The Assembly nominated Federalist electors (vote: Fed. 58, Clinton 29, Madison 22). The Senate nominated Clintonian electors (vote: Clinton 19, Fed. 9, Madison 4). On November 9, 1812, the Legislature proceeded to a joint ballot and elected the Clintonian ticket with a vote of 74 to 45, the Madisonians cast 28 blank ballots. The 29 electors chosen were: Joseph C. Yates, Simeon De Witt, Archibald McIntyre, John C. Hogeboom, Gurdon S. Mumford, Jacob De La Montagnie, Philip Van Cortlandt, John Chandler, Henry Huntington, John Woodworth, David Boyd, Cornelius Bergen, Joseph Perine, Chauncey Belknap, George Rosecrantz, John Dill, David Van Ness, Robert Jenkins, Michael S. Vandecook, George Palmer Jr., James Hill, William Kirby, Henry Frey Yates, Thomas H. Hubbard, John Russell, James S. Kipp, Jotham Jayne, Jonathan Stanley Jr. and William Burnet. They cast their votes for DeWitt Clinton and Jared Ingersoll.

The Legislature met for the regular session on January 12, 1813; and the Assembly adjourned on April 12, the Senate on April 13.

On January 12, the Federalist majority of the Assembly elected a new Council of Appointment which removed almost all Democratic-Republican office-holders.

On February 2, the Legislature elected Rufus King (Fed.) to succeed John Smith (Dem.-Rep.) as U.S. Senator from New York for a term beginning on March 4, 1813.

On February 10, the Legislature elected Charles Z. Platt (Fed.) to succeed David Thomas (Dem.-Rep.) as New York State Treasurer.

## 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 and Sullivan counties.
* The Eastern District (8 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex, Montgomery, Franklin and Schenectady 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. Peter W. Radcliff and Henry Hager changed from the Assembly to the Senate.

| District | Senators | Term left | Party | Notes |
| - | - | - | - | - |
| Southern | Israel Carll* | 1 year | Dem.-Rep. | |
| Southern | Ebenezer White* | 2 years | Dem.-Rep. | |
| Southern | Nathan Sanford* | 3 years | Dem.-Rep. | also United States Attorney for the District of New York |
| Southern | Elbert H. Jones | 4 years | Federalist | |
| Southern | Peter W. Radcliff* | 4 years | Federalist | elected to the Council of Appointment |
| Middle | Johannes Bruyn* | 1 year | Dem.-Rep. | |
| Middle | Samuel Haight* | 1 year | Dem.-Rep. | |
| Middle | Morgan Lewis* | 2 years | Dem.-Rep. | |
| Middle | James W. Wilkin* | 2 years | Dem.-Rep. | elected to the Council of Appointment |
| Middle | Erastus Root* | 3 years | Dem.-Rep. | |
| Middle | William Taber* | 3 years | Dem.-Rep. | |
| Middle | Martin Van Buren | 4 years | Dem.-Rep. | until March 19, 1813, also Surrogate of Columbia Co. |
| Eastern | Daniel Paris* | 1 year | Federalist | |
| Eastern | John Stearns* | 1 year | Federalist | elected to the Council of Appointment |
| Eastern | Henry Yates Jr.* | 2 years | Dem.-Rep. | |
| Eastern | Elisha Arnold* | 3 years | Dem.-Rep. | |
| Eastern | Kitchel Bishop* | 3 years | Dem.-Rep. | |
| Eastern | Ruggles Hubbard* | 3 years | Dem.-Rep. | |
| Eastern | John Tayler* | 3 years | Dem.-Rep. | |
| Eastern | Gerrit Wendell | 4 years | Federalist | |
| Western | Amos Hall* | 1 year | Federalist | |
| Western | Seth Phelps* | 1 year | Federalist | |
| Western | Jonas Platt* | 1 year | Federalist | elected to the Council of Appointment |
| Western | Reuben Humphrey* | 2 years | Dem.-Rep. | |
| Western | Nathan Smith* | 2 years | Dem.-Rep. | |
| Western | Philetus Swift* | 2 years | Dem.-Rep. | |
| Western | Henry A. Townsend* | 2 years | Dem.-Rep. | |
| Western | Casper M. Rouse* | 3 years | Dem.-Rep. | |
| Western | Russell Attwater | 4 years | Dem.-Rep. | |
| Western | Francis A. Bloodgood* | 4 years | Dem.-Rep. | |
| Western | Archibald S. Clarke | 4 years | Dem.-Rep. | |
| Western | Henry Hager* | 4 years | Dem.-Rep. | |

### Employees

* Clerk: Sebastian Visscher

## 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)
* Columbia County (4 seats)
* Cortland County (1 seat)
* Delaware County (2 seats)
* Dutchess County (6 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)
* 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)
* Washington County (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 | David Bogardus | Federalist | |
| Albany | John Gibbons | Federalist | |
| Albany | Elishama Janes | Federalist | |
| Albany | Abraham Van Vechten* | Federalist | from February 13, 1813, also New York Attorney General |
| Allegany and Steuben | Jacob Teeple* | | |
| Broome | Chauncey Hyde* | Dem.-Rep. | |
| Cattaraugus, Chautauqua and Niagara | Jonas Williams | Dem.-Rep. | |
| Cayuga | William C. Bennet | Dem.-Rep. | |
| Cayuga | Thomas Ludlow* | Dem.-Rep. | |
| Cayuga | William Satterlee | Dem.-Rep. | |
| Chenango | Nathaniel Medbury | | |
| Chenango | Ebenezer Wakley | Dem.-Rep. | |
| Chenango | Thornton Wasson | | |
| Clinton and Franklin | Allen R. Moore | Federalist | |
| Columbia | Aaron Olmsted | Federalist | death announced on January 27, 1813 |
| Columbia | Alan Sheldon | Federalist | |
| Columbia | Jacob R. Van Rensselaer* | Federalist | elected Speaker; from February 23, 1813, also Secretary of State of New York |
| Columbia | Elisha Williams | Federalist | |
| Cortland | Billy Trowbridge* | | |
| Delaware | Robert Clark | Dem.-Rep. | |
| Delaware | Andrew Craig Jr. | | |
| Dutchess | Joseph Arnold* | | |
| Dutchess | John Beadle | Federalist | |
| Dutchess | Cyrus Benjamin* | | |
| Dutchess | Isaac Bryan* | | |
| Dutchess | Henry Dodge* | Federalist | |
| Dutchess | John Warren* | | |
| Essex | Manoah Miller | | |
| Genesee | James Ganson | Dem.-Rep. | |
| Greene | John Adams | Federalist | |
| Greene | Perez Steele | Federalist | |
| Herkimer | John Graves | Dem.-Rep. | |
| Herkimer | Hosea Nelson | Dem.-Rep. | |
| Herkimer | Rudolph I. Shoemaker* | Dem.-Rep. | |
| Jefferson | Clark Allen | Federalist | |
| Jefferson | Egbert Ten Eyck | Federalist | |
| Kings | John C. Vanderveer* | Dem.-Rep. | |
| Lewis | Levi Collins | | |
| Madison | Walter Beecher | Dem.-Rep. | |
| Madison | John D. Henry | Federalist | |
| Madison | Jonathan Olmsted | Dem.-Rep. | |
| Montgomery | Josiah Bartlett | | death announced January 29, 1813 |
| Montgomery | Daniel Cady | Federalist | from February 28 to April 6, 1813, also District Attorney of the 5th D. |
| Montgomery | Daniel McVean | | |
| Montgomery | Simon Maybie | | |
| Montgomery | Richard Van Horne | Federalist | |
| New York | Thomas Carpenter* | Federalist | |
| New York | Jameson Cox | | |
| New York | Isaac S. Douglass* | Federalist | |
| New York | Richard Hatfield Jr. | | |
| New York | William Henderson | | |
| New York | Josiah Ogden Hoffman | Federalist | from February 8, 1813, also Recorder of New York City |
| New York | Samuel Jones Jr.* | Federalist | |
| New York | Jacob Lorillard* | Federalist | |
| New York | Abraham Russell* | Federalist | |
| New York | Isaac Sebring* | Federalist | |
| New York | James Smith* | Federalist | |
| Oneida | Josiah Bacon | | |
| Oneida | Erastus Clark* | Federalist | |
| Oneida | George Huntington* | Federalist | |
| Oneida | John Lay | | |
| Oneida | Nathan Townsend | | |
| Onondaga | Moses Nash | Dem.-Rep. | |
| Onondaga | Isaac Smith | Dem.-Rep. | |
| Ontario | Abraham Dox | | |
| Ontario | Gilbert Howell | Dem.-Rep. | |
| Ontario | Hugh McNair | | |
| Ontario | David Sutherland* | | |
| Ontario | Asahel Warner | Dem.-Rep. | |
| Orange | John Blake Jr. | | |
| Orange | David Dill | Dem.-Rep. | |
| Orange | William Ross* | Dem.-Rep. | |
| Orange | John Wheeler | | |
| Otsego | Erastus Crafts | | |
| Otsego | Abel DeForest | | |
| Otsego | Samuel Griffin | | |
| Otsego | James Hyde | Federalist | |
| Queens | Stephen Carman* | Federalist | |
| Queens | John Fleet* | Federalist | |
| Queens | David Kissam | Federalist | or Daniel*? |
| Rensselaer | David Allen | Federalist | |
| Rensselaer | James H. Ball | | |
| Rensselaer | John Carpenter Jr. | | |
| Rensselaer | John Stevens | Federalist | |
| Richmond | James Guyon, Jr.* | Dem.-Rep. | |
| Rockland | Peter S. Van Orden* | Dem.-Rep. | |
| St. Lawrence | Roswell Hopkins* | Federalist | |
| Saratoga | Caleb Holmes | | |
| Saratoga | John Prior | | |
| Saratoga | John W. Taylor* | Dem.-Rep. | in December 1812, elected to the 13th United States Congress |
| Saratoga | Calvin Wheeler | | |
| Schenectady | Alexander Combs | Dem.-Rep. | |
| Schenectady | Joseph Shurtleff | Federalist | |
| Schoharie | Heman Hickock | Dem.-Rep. | |
| Schoharie | Peter A. Hilton | | |
| Seneca | James McCall | | |
| Suffolk | Henry Rhodes | | |
| Suffolk | Caleb Smith | | |
| Suffolk | Benjamin F. Thompson | | |
| Sullivan and Ulster | Jacob Coddington* | Dem.-Rep. | |
| Sullivan and Ulster | Abraham I. Hardenbergh* | Dem.-Rep. | |
| Sullivan and Ulster | Henry Jansen* | Dem.-Rep. | |
| Sullivan and Ulster | Elnathan Sears* | Dem.-Rep. | |
| Tioga | Jabez Beers | | |
| Washington | John Beebee | Federalist | |
| Washington | Jason Kellogg | Dem.-Rep. | |
| Washington | Francis McLean | Dem.-Rep. | |
| Washington | Ebenezer Russell | Federalist | |
| Washington | Melancton Wheeler | Federalist | |
| Westchester | William Barker | Federalist | |
| Westchester | Abraham Miller* | Dem.-Rep. | |
| Westchester | vacant | | |

### Employees

* Clerk: James Van Ingen
* Sergeant-at-Arms: Thomas Donnelly
* Doorkeeper: Benjamin Whipple
