38th New York State Legislature
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38th New York State Legislature

38th New York State Legislature
37th 39th
Old State Capitol at Albany NY.jpg
The Old State Capitol (1879)
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1814 - June 30, 1815
PresidentLt. Gov. John Tayler (Dem.-Rep.)
Party controlDemocratic-Republican (26-6)
SpeakerSamuel Young (Dem.-Rep.)
Party controlDemocratic-Republican (62-35)
1stSeptember 26 - October 24, 1814
2ndJanuary 31 - April 18, 1815

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.

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.[1]


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.


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 office-holders.

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


Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.


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
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.[2] 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.


State Assembly


Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.


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

District Assemblymen Party Notes
Albany Harmanus Bleecker* Federalist
Sylvester Ford
Jesse Tyler Federalist
John D. Winne or John L. Winne*?
and Steuben
Daniel Cruger* Dem.-Rep.
Broome Asa Leonard
and Niagara
Joseph McClure
Cayuga John H. Beach Dem.-Rep.
Silas Bowker*
Barnabas Smith Dem.-Rep.
Chenango John Guthrie
Thompson Mead
Robert Monell Dem.-Rep.
Clinton and
Robert Platt Federalist
Columbia Henry Livingston Federalist
Augustus Tremain
Jacob R. Van Rensselaer* Federalist until February 16, 1815, also Secretary of State of New York
Elisha Williams* Federalist
Cortland Samuel G. Hathaway Dem.-Rep.
Delaware Robert Clark Dem.-Rep.
Asahel E. Paine
Dutchess John Beadle Federalist
Joel Benton Federalist
William A. Duer* Federalist
James Emott* Federalist
James Grant Federalist
Essex Reuben Sanford Dem.-Rep.
Genesee Isaac Sutherland
Greene James Gale Federalist
Martin G. Van Bergen
Herkimer Jonas Cleland* Dem.-Rep.
Aaron Hackley, Jr.* Dem.-Rep.
John McCombs Dem.-Rep.
Jefferson Ethel Bronson* Federalist
(Mark Hopkins)[3] 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
Windsor Coman
John Mattison
Montgomery Solomon Diefendorf
John Eisenlord
Alexander St. John
John Shuler
Alvah Southworth
New York Charles Baldwin
Francis Cooper Dem.-Rep.
Jacob Drake Dem.-Rep.
Ogden Edwards Dem.-Rep.
Isaac Pierson Dem.-Rep.
Peter Sharpe Dem.-Rep.
Joseph Smith
Peter Stagg
Samuel Torbett
George Warner Dem.-Rep.
Augustus Wright Dem.-Rep.
Oneida Theodore Hill
John Lay
James Lynch* Federalist
Rufus Pettibone
John Storrs Federalist
Onondaga Hezekiah L. Granger Dem.-Rep.
James Porter Dem.-Rep.
Ontario Peter Allen Dem.-Rep.
John Price
James Roseburgh
Ira Selby
David Sutherland*
Orange Hezekiah Belknap
Edward Ely
James Finch Jr. Dem.-Rep.
Benjamin Woodward
Otsego Nathaniel Fenton Dem.-Rep.
Lemuel Fitch Dem.-Rep.
Arunah Metcalf Dem.-Rep.
Robert Roseboom Dem.-Rep.
Putnam David Knapp
Queens Stephen Carman* Federalist
Daniel Kissam* Federalist
Solomon Wooden
Rensselaer David Allen Federalist
Henry A. Lake Federalist
Jacob A. Ten Eyck Federalist
Zebulon Scriven Federalist
Richmond Jesse Oakley Federalist
Rockland Peter S. Van Orden* Dem.-Rep.
St. Lawrence David A. Ogden Federalist
Saratoga Benjamin Cowles
Howel Gardner
Richard Ketchum
Samuel Young* Dem.-Rep. elected Speaker
Schenectady Ezekiel Sexton Dem.-Rep.
John Victory Dem.-Rep.
Schoharie William C. Bouck* Dem.-Rep.
William Dietz*
Seneca David Woodcock Dem.-Rep.
Suffolk John P. Osborn Dem.-Rep.
Tredwell Scudder Dem.-Rep.
John Wells Dem.-Rep.
and Ulster
Wessel Broadhead
Darius Martin
David Staples
Thomas Van Gaasbeck
Tioga Caleb Baker* Dem.-Rep.
Warren and
John Gale Dem.-Rep.
Henry Mattison Dem.-Rep.
Nathaniel Pitcher Dem.-Rep.
John Richards Dem.-Rep.
Isaac Sargent Dem.-Rep.
Westchester Benjamin Isaacs Federalist
Peter J. Munro Federalist
William Requa Federalist



  1. ^ The Anti-Federalists called themselves "Republicans." However, at the same time, the Federalists called them "Democrats" which was meant to be pejorative. After some time both terms got more and more confused, and sometimes used together as "Democratic Republicans" which later historians have adopted (with a hyphen) to describe the party from the beginning, to avoid confusion with both the later established and still existing Democratic and Republican parties.
  2. ^ Van Schoonhoven was an old Federalist, but was nominated by the Anti-Clintonians to oppose Solomon Southwick who had himself nominated as a Clintonian and Federalist. Apparently, most Federalists voted for Van Schoonhoven who defeated Southwick.
  3. ^ The Civil List mentions only Bronson, but the election result shows Hopkins as second most voted.


  This article uses material from the Wikipedia page available here. It is released under the Creative Commons Attribution-Share-Alike License 3.0.



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