The 39th New York State Legislature, consisting of the

New York State Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...

and the

New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Ass ...

, met from January 30 to April 17, 1816, during the ninth year of Daniel D. Tompkins's governorship, in Albany.

Background

Under the provisions of the

New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...

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 Elbert H. Jones resigned on March 6, 1815, due to ill health, leaving a vacancy in the Southern District. On April 8, 1815, the Legislature re-apportioned the Assembly districts, increasing the total number of assemblymen from 112 to 126. Genesee; Onondaga; Ontario and Seneca gained two seats each. Allegany & Steuben; Cattaraugus, Chautauqua & Niagara; Cayuga; Otsego; Rensselaer and Schoharie gained one seat each. On April 17, 1815, the Legislature re-apportioned the Senate districts, to take effect in May 1815: 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. At this time the politicians were divided into two opposing political parties: the Federalists and the

Democratic-Republicans The Democratic-Republican Party (also referred to by historians as the Republican Party or the Jeffersonian Republican Party), was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed li ...

Elections

The State election was held from April 25 to 27, 1815. Since the re-apportionment of the Senate districts had been enacted only a week before, and should take effect only in May 1815, the senators were elected under the previous apportionment. Peter R. Livingston, Isaac Ogden (both Middle D.), Henry J. Frey, Ralph Hascall, Abraham Van Vechten (all three Eastern D.), Henry Seymour, Stephen Bates (both Western D.); and Assemblyman David Allen (Eastern D.) were elected to full terms in the Senate. Jacob Barker (Southern D.) was elected to fill the vacancy. Allen, Frey, Hascall and Van Vechten were Federalists, the other five were Democratic-Republicans. 63 Democratic-Republicans and 63 Federalists were declared elected to the Assembly.

Sessions

The Legislature met at the Old State Capitol in Albany on January 30, 1816, but assembled a quorum only on the next day when 123 assemblymen appeared, one had died and two were sick. On January 31, Daniel Cruger (Dem.-Rep.) was elected Speaker with 61 votes against 60 for Jacob R. Van Rensselaer (Fed.), tradition had it that the candidates did not vote for themselves. Aaron Clark (Dem.-Rep.) was then re-elected Clerk of the Assembly with 62 votes against 59 for James Van Ingen (Fed.), one blank vote was cast and the Speaker did not vote except in case of a tie. The Assembly had thus a Democratic-Republican majority of one vote, 62 to 61. Right after Speaker and Clerk had been elected, William Alexander Duer (Fed.) presented a petition on behalf of Henry Fellows (Fed.) to contest the election of Peter Allen (Dem.-Rep.) in Ontario County. Fellows had received 3,725 votes, including 49 votes cast in the Town of Perrington.Hammond writes erroneously "Pennington". Allen had received 3,695. Although the 49 Perrington votes had been cast for "Henry Fellows", and the election inspectors had filed the result thus with the Town Clerk, a copy returning the votes for "Hen. Fellows" was forwarded to the County Clerk who counted these votes as scattering, since it was not a perfect match with the other votes returned for "Henry Fellows". Without the 49 Perrington votes,

Allen Allen, Allen's or Allens may refer to: Buildings * Allen Arena, an indoor arena at Lipscomb University in Nashville, Tennessee * Allen Center, a skyscraper complex in downtown Houston, Texas * Allen Fieldhouse, an indoor sports arena on the Univ ...

had a majority of 19 and was certified as elected. Seating Fellows in place of Allen was inevitable, and gave the Federalists a majority of one vote, but the Democratic-Republicans decided to put it off until after the election of the

Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822. History Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of ...

. When Duer's petition was put to a vote, John H. Beach (Dem.-Rep.) moved to postpone it until the next day. Duer objected, saying that the motion was not in order. Speaker Daniel Cruger (Dem.-Rep.) ruled that the motion was indeed in order.

Thomas J. Oakley Thomas Jackson Oakley (November 10, 1783 – May 11, 1857) was a New York attorney, politician, and judge. He served as a United States representative from 1813 to 1815, and from 1827 to 1828, and as New York State Attorney General from 1819 to ...

(Fed.) appealed the Speaker's ruling, and a

viva voce ''Viva voce'' is a Latin phrase literally meaning "with living voice" but most often translated as "by word of mouth." It may refer to: *Word of mouth *A voice vote in a deliberative assembly *An oral exam ** Thesis defence, in academia *Spoken ev ...

vote was called on this appeal. When the Clerk prepared to call the roll, Duer moved that Peter Allen not be allowed to vote, since he was directly interested in the issue. The Speaker ruled that this motion was not in order. This ruling was appealed also, and a vote was called on this question. It was then moved that Peter Allen had no right to vote on this question, and the Speaker ruled that Allen had the right, which ruling was then appealed again. Then the Assembly adjourned. On February 1, the Assembly re-elected the Sergeant-at-Arms and Doorkeeper of the previous session, and informed the Senate that the Assembly was organized and ready for business. Governor Daniel D. Tompkins (Dem.-Rep.) informed that he would address the Legislature with his annual message on the next day, and the Assembly adjourned. On February 2, the governor's message was read, and the Assembly adjourned. On February 3, the question of the contested seat was taken up again.

Henry Leavenworth Henry Leavenworth (December 10, 1783 – July 21, 1834) was an American soldier active in the War of 1812 and early military expeditions against the Plains Indians. He established Fort Leavenworth in Kansas. The city of Leavenworth, Kansas; Lea ...

(Dem.-Rep.) offered a resolution to elect "immediately" a

. Answering that, James Lynch (Fed.) offered a resolution that the election of the Council be postponed until after the decision of the question of the contested seat. The Speaker ruled that Lynch's resolution was not in order, which was confirmed by a vote of the Assembly. Oakley then moved to amend Leavenworth's resolution, changing "immediately" to "on Wednesday next, and that in the meantime, the house would consider the right of Peter Allen to his seat". A vote on this amendment was called, and Peter A. Jay (Fed.) moved to exclude Peter Allen from the vote. The Speaker ruled that this motion was not in order, which ruling was appealed by Oakley, and the Assembly adjourned. On February 5, the struggle continued. Duer moved that Peter Allen not be allowed to vote on Oakley's appeal. The Speaker ruled that Duer's motion was not in order, which was appealed by Duer himself. A vote was called, and the Assembly voted 61 to 61 (included Peter Allen's vote), and the Speaker voted in favor of his own decision, declaring Duer's appeal to be lost. After many more motions, countermotions, and votes which ended all in the same manner as aforementioned, Leavenworth's original resolution was adopted with the vote of Peter Allen, and the casting vote of the Speaker. A new Council of Appointment was elected, the vote being: Darius Crosby 63; Archibald S. Clarke 62; William Ross 61; Perley Keyes 61; Abraham Van Vechten 61; Gerrit Wendell 61; Henry Seymour 61 and Samuel G. Verbryck 47. Ross and Keyes were elected by the casting vote of the Speaker, resulting in the election of four Democratic-Republicans. On February 6, the Assembly Committee on elections reported the abovementioned facts concerning the election of Peter Allen, and unanimously recommended that Fellows be seated instead of Allen. The Assembly concurred with a vote of 115 to 1, and Fellows was seated the next day, giving the Federalists now a majority of 1 after a Democratic-Republican Speaker, Clerk and Council of Appointment had been elected. On April 17, 1816, a new

Erie Canal Commission The Commission to Explore a Route for a Canal to Lake Erie and Report, known as the Erie Canal Commission, was a body created by the New York State Legislature in 1810 to plan the Erie Canal. In 1817 a ''Canal Fund'' led by ''Commissioners of the C ...

was appointed: Commissioners Stephen Van Rensselaer and

DeWitt Clinton DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and Naturalism (philosophy), naturalist. He served as a United States Senate, United States senator, as the mayor of New York City, and as the sixth governor of New York. ...

remained in office; and Samuel Young, Assemblyman Myron Holley and

Joseph Ellicott Joseph Ellicott (November 1, 1760 in Bucks County, Pennsylvania – August 19, 1826 in New York City) was an American surveyor, city planner, land office agent, lawyer and politician of the Quaker faith. Life Ellicott was born in Bucks C ...

were added. Later this day the Legislature adjourned.

State Senate

Under the re-apportionment of April 17, 1815, the State senators already in office and the senators elected at the last election should represent the District in which they resided. Thus the senators, when taking their seats at the next session in January 1816, were grouped as the table shows below. This led to a different number of seats per district as apportioned, which was corrected at the next election.

Districts

*The Southern District (6 seats) consisted of Dutchess,

Kings Kings or King's may refer to: *Kings: The sovereign heads of states and/or nations. *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'', an 11th-century epic Persia ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

, Putnam,

Queens Queens is the largest by area of the Boroughs of New York City, five boroughs of New York City, coextensive with Queens County, in the U.S. state of New York (state), New York. Located near the western end of Long Island, it is bordered by the ...

Richmond Richmond most often refers to: * Richmond, British Columbia, a city in Canada * Richmond, California, a city in the United States * Richmond, London, a town in the London Borough of Richmond upon Thames, England * Richmond, North Yorkshire, a town ...

, Rockland,

Suffolk Suffolk ( ) is a ceremonial county in the East of England and East Anglia. It is bordered by Norfolk to the north, the North Sea to the east, Essex to the south, and Cambridgeshire to the west. Ipswich is the largest settlement and the county ...

and Westchester counties. *The Middle District (8 seats) consisted of Albany, Chenango, Columbia,

Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...

, Greene,

Orange Orange most often refers to: *Orange (fruit), the fruit of the tree species '' Citrus'' × ''sinensis'' ** Orange blossom, its fragrant flower ** Orange juice *Orange (colour), the color of an orange fruit, occurs between red and yellow in the vi ...

, Otsego, Schoharie, Sullivan and

Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...

counties. *The Eastern District (10 seats) consisted of Clinton,

Essex Essex ( ) is a Ceremonial counties of England, ceremonial county in the East of England, and one of the home counties. It is bordered by Cambridgeshire and Suffolk to the north, the North Sea to the east, Kent across the Thames Estuary to the ...

Franklin Franklin may refer to: People and characters * Franklin (given name), including list of people and characters with the name * Franklin (surname), including list of people and characters with the name * Franklin (class), a member of a historic ...

Herkimer Herkimer may refer to: People: * Johan Jost Herkimer (1732–1795), United Empire Loyalist, brother of Nicholas Herkimer * John Herkimer (1773–1848), American lawyer and politician from New York * Lawrence Herkimer (1925–2015), American innov ...

, Jefferson,

Lewis Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohe ...

, Montgomery, Rensselaer, St. Lawrence, Saratoga,

Schenectady Schenectady ( ) is a City (New York), city in Schenectady County, New York, United States, of which it is the county seat. As of the United States Census 2020, 2020 census, the city's population of 67,047 made it the state's ninth-most populo ...

Warren Warren most commonly refers to: * Warren (burrow), a network dug by rabbits * Warren (name), a given name and a surname, including lists of persons so named Warren may also refer to: Places Australia * Warren (biogeographic region) * War ...

and

Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...

counties. *The Western District (8 seats) consisted of Allegany, Broome, Cattaraugus,

Cayuga Cayuga often refers to: * Cayuga people, a native tribe to North America, part of the Iroquois Confederacy * Cayuga language, the language of the Cayuga Cayuga may also refer to: Places Canada *Cayuga, Ontario United States * Cayuga, Illinois ...

Chautauqua Chautauqua ( ) is an adult education and social movement in the United States that peaked in popularity in the late 19th and early 20th centuries. Chautauqua assemblies expanded and spread throughout rural America until the mid-1920s. The Cha ...

, Cortland, Genesee, Madison, Niagara,

Oneida Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida N ...

Onondaga Onondaga may refer to: Native American/First Nations * Onondaga people, a Native American/First Nations people and one of the five founding nations of the Iroquois League * Onondaga (village), Onondaga settlement and traditional Iroquois capit ...

Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...

, Seneca,

Steuben Steuben or Von Steuben most commonly refers to Friedrich Wilhelm von Steuben (1730–1794), Prussian-American military officer, or to a number of things named for him in the United States. It may also refer to: Places *Steuben Township, Marshall C ...

and

Tioga Tioga may refer to: United States communities *Tioga, California, former name of Bennettville, California *Tioga, Colorado * Tioga, Florida * Tioga, Iowa * Tioga, Louisiana * Tioga, Michigan * Tioga, New York, a town in Tioga County *Tioga County, ...

counties. Note: There are now 62 counties in the State of

. 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.

Members

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

Employees

*Clerk: John F. Bacon

State Assembly

Districts

* Albany County (4 seats) * Allegany and

counties (2 seats) * Broome County (1 seat) * Cattaraugus,

and Niagara counties (2 seats) *

Cayuga County Cayuga County is a county in the U.S. state of New York. As of the 2020 census, the population was 76,248. Its county seat and largest city is Auburn. The county was named for the Cayuga people, one of the Native American tribes in the Iroq ...

(4 seats) * Chenango County (3 seats) * Clinton and

counties (1 seat) * Columbia County (4 seats) *

Cortland County Cortland County is a county located in the U.S. state of New York. As of the 2020 census, the population of Cortland County was 46,809. The county seat is Cortland. The county is named after Pierre Van Cortlandt, president of the convention a ...

(1 seat) * Delaware County (2 seats) *

Dutchess County Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later org ...

(5 seats) * Essex County (1 seat) * Genesee County (3 seats) * Greene County (2 seats) *

Herkimer County Herkimer County is a county in the U.S. state of New York. As of the 2020 census, the population was 60,139. Its county seat is Herkimer. The county was created in 1791 north of the Mohawk River out of part of Montgomery County. It is name ...

(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

(11 seats) * Oneida County (5 seats) *

Onondaga County Onondaga County ( ) is a county in the U.S. state of New York. As of the 2020 census, the population was 476,516. The county seat is Syracuse. The county is part of the Central New York region of the state. Onondaga County is the core of the ...

(4 seats) * Ontario County (7 seats) * Orange County (4 seats) * Otsego County (5 seats) * Putnam County (1 seat) * Queens County (3 seats) *

Rensselaer County Rensselaer County is a county in the U.S. state of New York. As of the 2020 census, the population was 161,130. Its county seat is Troy. The county is named in honor of the family of Kiliaen van Rensselaer, the original Dutch owner of the ...

(5 seats) * Richmond County (1 seat) *

Rockland County Rockland County is the southernmost county on the west side of the Hudson River in the U.S. state of New York. It is part of the New York metropolitan area. As of the 2020 U.S. census, the county's population is 338,329, making it the state's ...

(1 seat) * St. Lawrence County (1 seat) *

Saratoga County Saratoga County is a county in the U.S. state of New York, and is the fastest-growing county in Upstate New York. As of the 2020 United States census, the county's population was enumerated at 235,509, its highest decennial count ever and a ...

(4 seats) * Schenectady County (2 seats) * Schoharie County (3 seats) * Seneca County (3 seats) * Suffolk County (3 seats) * Sullivan and

counties (4 seats) * Tioga County (1 seat) *

and

counties (5 seats) *

Westchester County Westchester County is a county located in the southeastern portion of the U.S. state of New York, bordering the Long Island Sound and the Byram River to its east and the Hudson River on its west. The county is the seventh most populous cou ...

(3 seats) Note: There are now 62 counties in the State of

. 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.

Assemblymen

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

Employees

*Clerk: Aaron Clark *Sergeant-at-Arms: Thomas Donnelly *Doorkeeper: Benjamin Whipple

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) ee pg. 108f for Senate districts; pg. 122 for senators; pg. 148f for Assembly districts; pg. 190f for assemblymenbr>''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 Cooperstown is a village in and the county seat of Otsego County, New York, United States. Most of the village lies within the town of Otsego, but some of the eastern part is in the town of Middlefield. Located at the foot of Otsego Lake in ...

, 1846; pages 401-428)
Election result Assembly, Albany Co.
at project "A New Nation Votes", compiled by Phil Lampi, hosted by

Tufts University Tufts University is a private research university in Medford and Somerville, Massachusetts, United States, with additional facilities in Boston and Grafton, as well as Talloires, France. Tufts also has several Doctor of Physical Therapy p ...