38th New York State Legislature

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.

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 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.

Elections
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 J. 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.

Sessions
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.

Districts

 * The Southern District (5 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties.
 * The Middle District (7 seats) consisted of Dutchess, Orange, Ulster, Columbia, Delaware, Rockland, Greene, Sullivan and Putnam counties.
 * The Eastern District (8 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex, Montgomery, Franklin, Schenectady and Warren counties.
 * The Western District (12 seats) consisted of Herkimer, Ontario, Otsego, Tioga, Onondaga, Schoharie, Steuben, Chenango, Oneida, Cayuga, Genesee, Seneca, Jefferson, Lewis, St. Lawrence, Allegany, Broome, Madison, Niagara, Cortland, Cattaraugus and Chautauqua counties.

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.

Members
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.

Employees

 * Clerk: John F. Bacon

Districts

 * Albany County (4 seats)
 * Allegany and Steuben counties (1 seat)
 * Broome County (1 seat)
 * Cattaraugus, Chautauqua and Niagara counties (1 seat)
 * Cayuga County (3 seats)
 * Chenango County (3 seats)
 * Clinton and Franklin counties (1 seat)
 * Cortland County (1 seat)
 * Columbia County (4 seats)
 * Delaware County (2 seats)
 * Dutchess County (5 seats)
 * Essex County (1 seat)
 * Genesee County (1 seat)
 * 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 (2 seats)
 * Ontario County (5 seats)
 * Orange County (4 seats)
 * Otsego County (4 seats)
 * Putnam County (1 seat)
 * Queens County (3 seats)
 * Rensselaer County (4 seats)
 * Richmond County (1 seat)
 * Rockland County (1 seat)
 * St. Lawrence County (1 seat)
 * Saratoga County (4 seats)
 * Schenectady County (2 seats)
 * Schoharie County (2 seats)
 * Seneca County (1 seat)
 * Suffolk County (3 seats)
 * Sullivan and Ulster counties (4 seats)
 * Tioga County (1 seat)
 * Warren and Washington counties (5 seats)
 * Westchester County (3 seats)

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.

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