|38th New York State Legislature|
The Old State Capitol (1879)
|Legislative body||New York State Legislature|
|Jurisdiction||New York, United States|
|Term||July 1, 1814 - June 30, 1815|
|President||Lt. Gov. John Tayler (Dem.-Rep.)|
|Party control||Democratic-Republican (26-6)|
|Speaker||Samuel Young (Dem.-Rep.)|
|Party control||Democratic-Republican (62-35)|
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.
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.
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 I. 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.
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 office-holders.
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.
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.
|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
|Elbert H. Jones*||2 years||Federalist||resigned on March 6, 1815|
|Peter W. Radcliff*||2 years||Federalist|
|Jonathan Dayton*||3 years||Dem.-Rep.||elected to the Council of Appointment|
|Darius Crosby||4 years||Dem.-Rep.|
|Middle||Erastus Root*||1 year||Dem.-Rep.|
|William Taber*||1 year||Dem.-Rep.|
|Martin Van Buren*||2 years||Dem.-Rep.||from February 17, 1815, also New York Attorney General|
|Lucas Elmendorf*||3 years||Dem.-Rep.||elected to the Council of Appointment|
|Samuel G. Verbryck*||3 years||Dem.-Rep.|
|Moses I. Cantine||4 years||Dem.-Rep.|
|William Ross*||4 years||Dem.-Rep.|
|Eastern||Elisha Arnold*||1 year||Dem.-Rep.|
|Kitchel Bishop*||1 year||Dem.-Rep.|
|Ruggles Hubbard*||1 year||Dem.-Rep.||elected to the Council of Appointment; |
from April 20, 1815, also Sheriff of New York County
|Guert Van Schoonhoven||1 year||Dem.-Rep.||elected to fill vacancy, in place of John Tayler|
|Gerrit Wendell*||2 years||Federalist|
|James Cochran*||3 years||Federalist|
|Samuel Stewart*||3 years||Federalist|
|George Tibbits||4 years||Federalist|
|Western||Casper M. Rouse*||1 year||Dem.-Rep.|
|Russell Attwater*||2 years||Dem.-Rep.|
|Francis A. Bloodgood*||2 years||Dem.-Rep.|
|Archibald S. Clarke*||2 years||Dem.-Rep.|
|Henry Hager*||2 years||Dem.-Rep.|
|Henry Bloom*||3 years||Dem.-Rep.|
|Perley Keyes*||3 years||Dem.-Rep.||from December 9, 1814, also Collector of Customs at Sackett's Harbor|
|Farrand Stranahan*||3 years||Dem.-Rep.||elected to the Council of Appointment|
|Bennett Bicknell||4 years||Dem.-Rep.|
|Chauncey Loomis||4 years||Dem.-Rep.|
|Philetus Swift*||4 years||Dem.-Rep.|
|John J. Prendergast||4 years||Dem.-Rep.|
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
|John D. Winne||or John L. Winne*?|
|Cayuga||John H. Beach||Dem.-Rep.|
|Jacob R. Van Rensselaer*||Federalist||until February 16, 1815, also Secretary of State of New York|
|Cortland||Samuel G. Hathaway||Dem.-Rep.|
|Asahel E. Paine|
|William A. Duer*||Federalist|
|Martin G. Van Bergen|
|Aaron Hackley, Jr.*||Dem.-Rep.|
|(Mark Hopkins)||Federalist||or vacant?|
|Lewis||Ela Collins||Dem.-Rep.||from March 15, 1815, also District Attorney of the 8th District|
|Alexander St. John|
|New York||Charles Baldwin|
|Onondaga||Hezekiah L. Granger||Dem.-Rep.|
|James Finch Jr.||Dem.-Rep.|
|Henry A. Lake||Federalist|
|Jacob A. Ten Eyck||Federalist|
|Rockland||Peter S. Van Orden*||Dem.-Rep.|
|St. Lawrence||David A. Ogden||Federalist|
|Samuel Young*||Dem.-Rep.||elected Speaker|
|Schoharie||William C. Bouck*||Dem.-Rep.|
|Suffolk||John P. Osborn||Dem.-Rep.|
|Thomas Van Gaasbeck|
|Peter J. Munro||Federalist|