|41st New York State Legislature|
The Old State Capitol (1879)
|Legislative body||New York State Legislature|
|Jurisdiction||New York, United States|
|Term||July 1, 1817 – June 30, 1818|
|President||Lt. Gov. John Tayler (Dem.-Rep.)|
|Party control||Democratic-Republican (27-5)|
|Speaker||David Woods (Dem.-Rep.)|
The 41st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 27 to April 21, 1818, during the first year of DeWitt Clinton'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.
On February 24, 1817, Gov. Tompkins resigned, to take office as U.S. Vice President on March 4; and Lt. Gov. John Tayler became Acting Governor for the remainder of the legislative year, until June 30. On March 25, the Democratic-Republican State Convention nominated Canal Commissioner DeWitt Clinton for Governor, and Acting Gov. John Tayler for Lieutenant Governor. Clinton received 85 votes against 41 for Peter B. Porter (Buckt.). The Federalist Party did not nominate candidates for governor and lieutenant governor.
On April 6, 1817, State Senator Chauncey Loomis died, leaving a vacancy in the Western District.
On April 7, 1817, Tompkins County was created from parts of Cayuga and Seneca counties, and was apportioned two seats in the Assembly, one each taken from Cayuga and Seneca.
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 his Erie Canal project) and the Bucktails (led by Att. Gen. Martin Van Buren, and including the Tammany Hall organization in New York City).
Senator Jonathan Dayton (Southern D.) was re-elected. Stephen Barnum (Southern D.), Jabez D. Hammond, John Lounsbery (both Middle D.), Roger Skinner, Henry Yates Jr., Samuel Young (all three Eastern D.) and Assemblyman Isaac Wilson (Western D.) were also elected to full terms in the Senate. Assemblyman Jediah Prendergast (Western D.) was elected to fill the vacancy. All nine were Democratic-Republicans.
The Legislature met at the Old State Capitol in Albany on January 27, 1818, and adjourned on April 21.
Assemblyman Ogden Edwards (Buckt.) proposed a bill to call a State convention to amend the Constitution concerning the appointment of public officers, his object being the abolition of the Council of Appointment. The bill, opposed by Gov. DeWitt Clinton, was eventually rejected, but the issue was pursued further by the Bucktails, and led to the New York State Constitutional Convention of 1821, and a new Constitution.
On April 21, 1818, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year, unless called earlier by the governor.
- 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, 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, Seneca, Steuben, Tioga and Tompkins counties.
The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Jediah Prendergast and Isaac Wilson changed from the Assembly to the Senate.
|Southern||Darius Crosby*||1 year||Dem.-Rep./Bucktail|
|Peter R. Livingston*||2 years||Dem.-Rep./Bucktail||elected to the Council of Appointment|
|Walter Bowne*||3 years||Dem.-Rep./Bucktail|
|John D. Ditmis*||3 years||Dem.-Rep./Bucktail|
|Stephen Barnum||4 years||Dem.-Rep./Bucktail|
|Jonathan Dayton*||4 years||Dem.-Rep./Bucktail|
|Middle||Moses I. Cantine*||1 year||Dem.-Rep./Bucktail|
|William Ross*||1 year||Dem.-Rep./Clintonian|
|Isaac Ogden*||2 years||Dem.-Rep./Bucktail|
|Abraham Van Vechten*||2 years||Federalist|
|John Noyes*||3 years||Dem.-Rep./Clintonian|
|Peter Swart*||3 years||Dem.-Rep./Clintonian|
|Martin Van Buren*||3 years||Dem.-Rep./Bucktail||also New York Attorney General|
|Jabez D. Hammond||4 years||Dem.-Rep./Clintonian||elected to the Council of Appointment|
|John Lounsbery||4 years||Dem.-Rep./Clintonian|
|Eastern||John J. Prendergast*||1 year||Dem.-Rep./Clintonian|
|George Tibbits*||1 year||Federalist|
|David Allen*||2 years||Federalist|
|Henry J. Frey*||2 years||Federalist|
|Ralph Hascall*||2 years||Federalist||from June 11, 1818, also D.A. of Essex Co.|
|Roger Skinner||4 years||Dem.-Rep./Bucktail||also U.S. Attorney for the Northern District of New York|
|Henry Yates Jr.||4 years||Dem.-Rep.||elected to the Council of Appointment|
|Samuel Young||4 years||Dem.-Rep./Bucktail||also an Erie Canal Commissioner|
|Western||Bennett Bicknell*||1 year||Dem.-Rep.|
|Jediah Prendergast*||1 year||Dem.-Rep.||elected to fill vacancy, in place of Chauncey Loomis; |
originally a Clintonian, joined the Bucktails after
he lost the vote for the full term
|Philetus Swift*||1 year||Dem.-Rep.|
|Stephen Bates*||2 years||Dem.-Rep./Clintonian|
|Henry Seymour*||2 years||Dem.-Rep./Bucktail||elected to the Council of Appointment|
|Ephraim Hart*||3 years||Dem.-Rep./Clintonian|
|John Knox*||3 years||Dem.-Rep./Bucktail|
|William Mallery*||3 years||Dem.-Rep.|
|Isaac Wilson*||4 years||Dem.-Rep./Bucktail|
- Clerk: John F. Bacon
- 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)
- 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 (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)
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
- Clerk: Aaron Clark
- Sergeant-at-Arms: Caleb Benjamin
- Doorkeeper: Benjamin Whipple
- Laws of the State of New York (40th Session; pg. 197ff)
- 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.
- Laws of the State of New York (41st Session, 1818; pg. 237
- Dr. John Jeffrey Prendergast, physician, of Winfield, brother of State Senator Jediah Prendergast; see Prendergast genealogy
- Dr. Jediah Prendergast (1766-1848), physician, of Chautauqua Co., brother of State Senator John J. Prendergast
- see Hammond, pg. 463f
- Colden was an old Federalist who had joined the Tammany Hall organization and was elected to this Assembly, and appointed Mayor of New York, as a Democratic-Republican/Bucktail; see Hammond, pg. 466. However, in 1820 he was elected to Congress, on the Federalist ticket again.
- There is much confusion about the members from Seneca Co. at this session. Myndert M. Dox was returned as elected, claimed his seat, but was not admitted. However, he was paid like a member until the final rejection of his claim. See Laws of the State of New York (41st Session, 1818; pg. 295) It seems that John Sutton was returned as elected from both Seneca Co. and Tompkins Co. which gave Dox a strong argument to pursue his claim vigorously, but without success.
- Dr. Nathaniel Miller (1783–1863), physician, of Brookhaven
- The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 108f for Senate districts; pg. 123 for senators; pg. 148f for Assembly districts; pg. 193f for assemblymen]
- The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840 by Jabez D. Hammond (4th ed., Vol. 1, H. & E. Phinney, Cooperstown, 1846; pages 443-469)
- Election result Assembly, Albany Co. at project "A New Nation Votes", compiled by Phil Lampi, hosted by Tufts University Digital Library
- Election result Assembly, Cattaraugus, Chautauqua and Niagara Co. at project "A New Nation Votes"
- Partial election result Assembly, Clinton and Franklin Co. at project "A New Nation Votes" [gives only partial vote of Clinton Co.]
- Election result Assembly, Dutchess Co. at project "A New Nation Votes"
- Election result Assembly, Genesee Co. at project "A New Nation Votes"
- Partial election result Assembly, Greene Co. at project "A New Nation Votes" [gives no candidates' names]
- Election result Assembly, Jefferson Co. at project "A New Nation Votes"
- Election result Assembly, Montgomery Co. at project "A New Nation Votes"
- Election result Assembly, Onondaga Co. at project "A New Nation Votes"
- Election result Assembly, Rensselaer Co. at project "A New Nation Votes"
- Election result Assembly, Schenectady Co. at project "A New Nation Votes"
- Election result Assembly, Schoharie Co. at project "A New Nation Votes"
- Election result Assembly, Tompkins Co. transcribed from Landmarks of Tompkins County, NY by John H. Selkreg (1894; Ch. VI)
- Partial election result Senate, Middle D. at project "A New Nation Votes" [gives only votes from Albany, Clinton and Greene Co.]
- Partial election result Senate, Eastern D. at project "A New Nation Votes" [gives only votes from Jefferson, Montgomery, Rensselaer and Schenectady Co.]
- Partial election result Senate, Western D. at project "A New Nation Votes" [gives only votes of Chautauqua and Genesee Co.]
- Election result Assembly Speaker at project "A New Nation Votes"
- Election result Council of Appointment at project "A New Nation Votes"