44th New York State Legislature
# 44th New York State Legislature

The 44th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 7, 1820, to April 3, 1821, during the fourth year of DeWitt Clinton'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 1818, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year unless called earlier by the governor.

On January 18, 1820, a caucus of 64 Bucktail legislators nominated U.S. Vice President Daniel D. Tompkins for Governor and State Senator Benjamin Mooers for Lieutenant Governor. A meeting of citizens at Albany nominated Gov. DeWitt Clinton and Lt. Gov. John Tayler for re-election. The Federalists did not nominate candidates for Governor or Lieutenant Governor, and the party began to disband: the vast majority of them supported Clinton, a minority—calling themselves the "High-minded Federalists" (among them William A. Duer and John A. King)—supported Tompkins and joined the Bucktails.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans. The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton) and the Bucktails (led by Martin Van Buren, and including the Tammany Hall organization in New York City).

## Elections

The State election was held from April 25 to 27, 1820. Gov. DeWitt Clinton and Lt. Gov. John Tayler were re-elected.

Senators Walter Bowne (Southern D.) and Ephraim Hart (Western D.) were re-elected. John Lefferts (Southern D.), William C. Bouck, John J. Miller, Tilly Lynde (all three Middle D.), Elijah Miles ( Western D.), and Assemblyman Oliver Forward (Western D.) were also elected to the Senate. Hart, Miles and Forward were Clintonians, the other five Bucktails.

## Sessions

The Legislature met at the Old State Capitol in Albany on November 7, 1820, to elect presidential electors; and adjourned on November 20.

Peter Sharpe (Buckt.) was elected Speaker with 69 votes against 52 for John C. Spencer (Clint.), the Speaker of the previous session. Dirck L. Vanderheyden was elected Clerk of the Assembly with 63 votes against 62 for the incumbent Aaron Clark.

On November 8, a Bucktail Council of Appointment was chosen, with a vote of 71 to 54. However this Council did not meet before January 1821, when the previous Council's term expired. Then they removed almost all Clintonian office-holders and appointed Bucktails instead.

On November 9, the Legislature chose 29 electors, all Bucktails: William Floyd, Henry Rutgers, Abel Huntington, Edward Leverich, Isaac Lawrence, John Targee, Jacob Odell, Peter Waring, Edward P. Livingston, David Hammond, Peter Millikin, Mark Spencer, Benjamin Knower, Gilbert Eddy, Howell Gardner, John Baker, John Walworth, Daniel McDougal, Seth Wetmore, Latham A. Burrows, Farrand Stranahan, Henry Wager, Elisha Farnham, Jonathan Collins, Samuel Nelson, William B. Rochester, Charles Thompson, Philetus Swift, James Brisban. Floyd and Wetmore did not attend the meeting of the electoral college, and Martin Van Buren and William I. Dodge were appointed to fill the vacancies. They cast their votes for James Monroe and Daniel D. Tompkins.

On November 18, the Legislature passed a bill calling for a convention with unlimited powers to amend the State Constitution. Two days later, the Council of Revision rejected the bill: Chancellor James Kent and Chief Justice Ambrose Spencer voted against it; Judges Joseph C. Yates and John Woodworth for it; and Gov. DeWitt Clinton broke the tie voting against it.

The Legislature met for the regular session on January 9, 1821, and adjourned on April 3.

At the beginning of this session, the Legislature passed a bill to submit the question, whether a Constitutional Convention should be called, to the people at the next annual State election, to be held in April 1821. The people answered in the affirmative, delegates to the New York State Constitutional Convention of 1821 were elected in June, and the Convention met from August to November 1821. The new Constitution was adopted by popular vote in January 1822.

On January 29, the Legislature appointed Benjamin Knower (Buckt.) to succeed Gerrit L. Dox as New York State Treasurer.

On February 6, the Legislature elected Martin Van Buren (Buckt.) to succeed Nathan Sanford (Clint.) as U.S. Senator from New York for a term beginning on March 4, 1821.

On March 21, the Legislature added State Senator William C. Bouck (Buckt.) to the Erie Canal Commission.

## State Senate

### Districts

* The Southern District (6 seats) consisted of Dutchess, Kings, New York, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester counties.
* The Middle District (9 seats) consisted of Albany, Chenango, Columbia, Delaware, Greene, Orange, Otsego, Schoharie, Sullivan and Ulster counties.
* The Eastern District (8 seats) consisted of Clinton, Essex, Franklin, Hamilton, Herkimer, Jefferson, Lewis, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties.
* The Western District (9 seats) consisted of Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Cortland, Genesee, Madison, Niagara, Oneida, Onondaga, Ontario, Oswego, Seneca, Steuben, Tioga and Tompkins counties.

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Oliver Forward changed from the Assembly to the Senate.

| District | Senators | Term left | Party | Notes |
| - | - | - | - | - |
| Southern | Stephen Barnum* | 1 year | Dem.-Rep./Bucktail | |
| Southern | Jonathan Dayton* | 1 year | Dem.-Rep./Bucktail | |
| Southern | John Townsend* | 2 years | Dem.-Rep./Bucktail | |
| Southern | Peter R. Livingston* | 3 years | Dem.-Rep./Bucktail | |
| Southern | Walter Bowne* | 4 years | Dem.-Rep./Bucktail | elected to the Council of Appointment |
| Southern | John Lefferts | 4 years | Dem.-Rep./Bucktail | |
| Middle | Jabez D. Hammond* | 1 year | Dem.-Rep./Clintonian | |
| Middle | John Lounsbery* | 1 year | Dem.-Rep./Clintonian | |
| Middle | Moses Austin* | 2 years | Dem.-Rep./Bucktail | |
| Middle | William Ross* | 2 years | Dem.-Rep./Clintonian | |
| Middle | Charles E. Dudley* | 3 years | Dem.-Rep./Bucktail | also Mayor of Albany |
| Middle | John T. More* | 3 years | Dem.-Rep./Bucktail | elected to the Council of Appointment |
| Middle | William C. Bouck | 4 years | Dem.-Rep./Bucktail | from March 21, 1821, also an Erie Canal Commissioner |
| Middle | Tilly Lynde | 4 years | Dem.-Rep./Bucktail | |
| Middle | John J. Miller | 4 years | Dem.-Rep./Bucktail | |
| Eastern | Roger Skinner* | 1 year | Dem.-Rep./Bucktail | also Judge of the U.S. District Court for the Northern District of New York; elected to the Council of Appointment |
| Eastern | Henry Yates Jr.* | 1 year | Dem.-Rep./Bucktail | |
| Eastern | Samuel Young* | 1 year | Dem.-Rep./Bucktail | also an Erie Canal Commissioner |
| Eastern | Levi Adams* | 2 years | Dem.-Rep./Clintonian | |
| Eastern | George Rosecrantz* | 2 years | Dem.-Rep./Clintonian | |
| Eastern | Thomas Frothingham* | 3 years | Dem.-Rep./Clintonian | |
| Eastern | Duncan McMartin Jr.* | 3 years | Dem.-Rep./Clintonian | |
| Eastern | Benjamin Mooers* | 3 years | Dem.-Rep./Bucktail | |
| Western | Isaac Wilson* | 1 year | Dem.-Rep./Bucktail | |
| Western | Gamaliel H. Barstow* | 2 years | Dem.-Rep./Clintonian | also First Judge of the Tioga County Court |
| Western | Perry G. Childs* | 2 years | Dem.-Rep./Bucktail | |
| Western | David E. Evans* | 2 years | Dem.-Rep./Bucktail | elected to the Council of Appointment |
| Western | Gideon Granger* | 3 years | Dem.-Rep./Clintonian | resigned February/March 1821, due to ill health |
| Western | Lyman Paine* | 3 years | Dem.-Rep./Clintonian | |
| Western | Ephraim Hart* | 4 years | Dem.-Rep./Clintonian | |
| Western | Oliver Forward* | 4 years | Dem.-Rep./Clintonian | |
| Western | Elijah Miles | 4 years | Dem.-Rep./Clintonian | |

### Employees

* Clerk: John F. Bacon

## State Assembly

### Districts

* Albany County (4 seats)
* Allegany and Steuben counties (2 seats)
* Broome County (1 seat)
* Cattaraugus, Chautauqua and Niagara counties (2 seats)
* 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 (5 seats)
* Essex County (1 seat)
* Genesee County (3 seats)
* Greene County (2 seats)
* Hamilton and Montgomery counties (5 seats)
* Herkimer County (3 seats)
* Jefferson County (2 seats)
* Kings County (1 seat)
* Lewis County (1 seat)
* Madison County (3 seats)
* The City and County of New York (11 seats)
* Oneida and Oswego counties (5 seats)
* Onondaga County (4 seats)
* Ontario County (7 seats)
* Orange County (4 seats)
* Otsego County (5 seats)
* Putnam County (1 seat)
* Queens County (3 seats)
* Rensselaer County (5 seats)
* Richmond County (1 seat)
* Rockland County (1 seat)
* St. Lawrence County (1 seat)
* Saratoga County (4 seats)
* Schenectady County (2 seats)
* Schoharie County (3 seats)
* Seneca County (2 seats)
* Suffolk County (3 seats)
* Sullivan and Ulster counties (4 seats)
* Tioga County (1 seat)
* Tompkins County (2 seats)
* 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 | Gerrit Hogan | Federalist | |
| Albany | James McKown* | Federalist | |
| Albany | Moses Smith | Federalist | |
| Albany | Stephen Willes* | Federalist | |
| Allegany and Steuben | Clark Crandall* | Federalist | |
| Allegany and Steuben | John Dow* | Federalist | |
| Broome | Chester Patterson* | Dem.-Rep./Bucktail | |
| Cattaraugus, Chautauqua and Niagara | William Hotchkiss | | |
| Cattaraugus, Chautauqua and Niagara | Jediah Prendergast | Dem.-Rep./Bucktail | |
| Cayuga | John Haring* | | |
| Cayuga | Charles Kellogg | Dem.-Rep. | |
| Cayuga | Henry Polhemus | | |
| Chenango | William Mason | Dem.-Rep./Clintonian | from November 10, 1820, to February 13, 1821, also Chenango County Clerk |
| Chenango | Edmond G. Per Lee | | |
| Chenango | John Tracy | Dem.-Rep./Bucktail | from March 7, 1821, also Surrogate of Chenango Co. |
| Clinton and Franklin | Platt Newcomb* | Dem.-Rep./Clintonian | |
| Columbia | John Bryan | | |
| Columbia | James Vanderpoel | Federalist | |
| Columbia | Elisha Williams* | Federalist | |
| Columbia | Isaac B. Williams | | |
| Cortland | John Osborn | | |
| Delaware | John H. Gregory | | |
| Delaware | Erastus Root* | Dem.-Rep./Bucktail | |
| Dutchess | Albro Akin | Dem.-Rep. | |
| Dutchess | Benjamin H. Conklin | | |
| Dutchess | Koert Dubois | Federalist | |
| Dutchess | Israel Harris | | |
| Dutchess | Joseph J. Jackson | | |
| Essex | Ebenezer Douglass | Dem.-Rep./Clintonian | |
| Genesee | Fitch Chipman* | | |
| Genesee | Jesse Hawley | | |
| Genesee | Samuel M. Hopkins | Federalist | |
| Greene | Platt Adams | Federalist | |
| Greene | Aaron Reed | Federalist | |
| Hamilton and Montgomery | David W. Candee | | |
| Hamilton and Montgomery | Henry Failing | | |
| Hamilton and Montgomery | Howland Fish | Dem.-Rep./Clintonian | |
| Hamilton and Montgomery | Lawrence Gros* | Dem.-Rep./Bucktail | |
| Hamilton and Montgomery | Archibald McIntyre | Dem.-Rep./Clintonian | until February 12, 1821, also New York State Comptroller |
| Herkimer | Simeon Ford | Federalist | also D.A. of Herkimer Co. |
| Herkimer | Thomas Manly | Federalist | |
| Herkimer | David Van Horne | Federalist | |
| Jefferson | Richard Goodell | Dem.-Rep./Bucktail | |
| Jefferson | Amos Stebbins | | |
| Kings | Jeremiah Lott | Federalist | |
| Lewis | Stephen Hart | | |
| Madison | William Berry Jr. | | |
| Madison | Justin Dwinell | Dem.-Rep./Bucktail | |
| Madison | Herman Van Vleck | | |
| New York | Clarkson Crolius* | Dem.-Rep./Bucktail | |
| New York | William A. Davis | | |
| New York | Richard Hatfield* | Dem.-Rep./Bucktail | |
| New York | Cornelius Heeney* | Dem.-Rep./Bucktail | |
| New York | Robert R. Hunter* | Dem.-Rep./Bucktail | |
| New York | Reuben Munson* | | |
| New York | Samuel B. Romaine* | Dem.-Rep./Bucktail | |
| New York | Peter Sharpe* | Dem.-Rep./Bucktail | elected Speaker |
| New York | John Swartwout | Dem.-Rep./Bucktail | |
| New York | Michael Ulshoeffer* | Dem.-Rep./Bucktail | |
| New York | Gulian C. Verplanck | Dem.-Rep./Bucktail | |
| Oneida and Oswego | Josiah Bacon | | |
| Oneida and Oswego | Allen Fraser | | |
| Oneida and Oswego | George Huntington* | Federalist | |
| Oneida and Oswego | Joseph Kirkland | Federalist | in April 1821 elected to the 17th United States Congress |
| Oneida and Oswego | William Root | Federalist | |
| Onondaga | Jonathan Denning | | |
| Onondaga | Jonas Earll Jr.* | | |
| Onondaga | George Pettit | Dem.-Rep. | |
| Onondaga | Lewis Smith* | | |
| Ontario | Claudius V. Boughton | Dem.-Rep./Clintonian | |
| Ontario | William Cornwell | | |
| Ontario | Oliver Culver | | |
| Ontario | Truman Hart | Dem.-Rep./Clintonian | |
| Ontario | Myron Holley | Dem.-Rep./Clintonian | also an Erie Canal Commissioner |
| Ontario | John C. Spencer | Dem.-Rep./Clintonian | |
| Ontario | William H. Spencer | | |
| Orange | Charles Borland Jr. | | |
| Orange | James Burt | Fed.? Clint.? | |
| Orange | John Hallock Jr. | | |
| Orange | Benjamin Woodward | | |
| Otsego | Joshua Babcock | | |
| Otsego | John Blakeley | Dem.-Rep./Bucktail | |
| Otsego | Caleb Eldred | Dem.-Rep./Bucktail | |
| Otsego | Stukely Ellsworth | Dem.-Rep./Bucktail | |
| Otsego | David Tripp | | |
| Putnam | Elisha Brown | | |
| Queens | John D. Hicks | Dem.-Rep./Bucktail | |
| Queens | John A. King* | Dem.-Rep./Bucktail | |
| Queens | Benjamin T. Kissam | Dem.-Rep./Bucktail | |
| Rensselaer | William C. Barber | | |
| Rensselaer | Richard P. Hart | | |
| Rensselaer | William B. Slocum | | |
| Rensselaer | Calvin Thompson | | |
| Rensselaer | John Van Alstyne | | |
| Richmond | Samuel Barton | Dem.-Rep./Bucktail | |
| Rockland | Abraham Gurnee | Dem.-Rep./Bucktail | |
| St. Lawrence | Joseph York* | Dem.-Rep./Bucktail | |
| Saratoga | Herman Gansevoort | | |
| Saratoga | John House | | |
| Saratoga | Zebulon Mott | | |
| Saratoga | John Rogers | | |
| Schenectady | Richard McMichael | Dem.-Rep./Bucktail | |
| Schenectady | Gerrit S. Veeder | Dem.-Rep./Bucktail | |
| Schoharie | Barnabas Eldredge | Dem.-Rep./Bucktail | |
| Schoharie | Abraham Keyser Jr. | Dem.-Rep./Bucktail | |
| Schoharie | Freegift Patchin | Dem.-Rep./Bucktail | |
| Seneca | Robert S. Rose* | Dem.-Rep./Bucktail | |
| Seneca | William Thompson | Dem.-Rep./Bucktail | |
| Suffolk | Isaac Conklin | Dem.-Rep./Bucktail | |
| Suffolk | John B. Osborn | Dem.-Rep./Bucktail | |
| Suffolk | John M. Williamson | | |
| Sullivan and Ulster | Coenrad Bevier | Dem.-Rep./Bucktail | |
| Sullivan and Ulster | William G. Gillespie | Dem.-Rep./Bucktail | |
| Sullivan and Ulster | Wells Lake | Dem.-Rep./Bucktail | |
| Sullivan and Ulster | Jacob Snyder* | Dem.-Rep./Bucktail | |
| Tioga | Samuel Lawrence | Dem.-Rep. | previously a member from New York Co. |
| Tompkins | Samuel Crittenden | | |
| Tompkins | Peter Hager 2d | Dem.-Rep./Bucktail | |
| Warren and Washington | Wadsworth Bull | | |
| Warren and Washington | James Mallory | | |
| Warren and Washington | John Moss | | |
| Warren and Washington | William Richards | | |
| Warren and Washington | James L. Thurman | | |
| Westchester | James Guyon* | Dem.-Rep./Bucktail | |
| Westchester | Abraham Miller* | Dem.-Rep./Bucktail | |
| Westchester | William Nelson* | Dem.-Rep./Bucktail | |

### Employees

* Clerk: Dirck L. Vanderheyden
* Sergeant-at-Arms: Henry Fryer
* Doorkeeper: Henry Bates
* Assistant Doorkeeper: Willard Smith
