51st New York State Legislature
|51st New York State Legislature|
The Old State Capitol (1879)
|Jurisdiction||New York, United States|
|Term||January 1 – December 31, 1828|
|President||Lt. Gov. Nathaniel Pitcher (J), until February 11|
|Temporary President||Peter R. Livingston (J), from February 11 to October 7;
Charles Dayan (J), from October 7
|Speaker||Erastus Root (J)|
The 51st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 1 to December 10, 1828, during the fourth year of DeWitt Clinton's second tenure as Governor of New York, and—after Clinton's death—while Nathaniel Pitcher was Governor, in Albany.
Under the provisions of the New York Constitution of 1821, 32 Senators were elected on general tickets in eight 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.
State Senator Cadwallader D. Colden resigned on August 30, 1827, leaving a vacancy in the First District.
Before the time of the election in November 1827, the Democratic-Republican Party was split into two factions: the "Bucktails" (led by U.S. Senator Martin Van Buren) and the "Clintonians" (supporters of Gov. DeWitt Clinton). In view of the United States presidential election, 1828, the parties re-aligned: most of the Bucktails became "Jacksonians" (supporters of Andrew Jackson for U.S. President); and most of the Clintonians became "Adams men" (supporters of the re-election of John Quincy Adams).
The State election was held from November 5 to 7, 1827. John I. Schenck (1st D.), Walker Todd (2nd D.), Moses Warren (3rd D.), Reuben Sanford (4th D.), Nathaniel S. Benton (5th D.), Grattan H. Wheeler (6th D.), George B. Throop (7th D.) and Timothy H. Porter (8th D.) were elected to full terms in the Senate. Jacob Tyson (1st D.) was elected to fill the vacancy.
The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1828, and adjourned on April 21.
On January 5, Lt. Gov. Pitcher informed the State Senate that he was too ill to attend the session, and Peter R. Livingston (J) was elected Temporary President of the State Senate.
On January 31, a caucus of Jacksonian legislators nominated Andrew Jackson for U.S. President.
On February 11, Gov. DeWitt Clinton died—the only governor in New York history to die in office—and Lt. Gov. Pitcher became governor for the remainder of the year.
The Legislature created the Superior Court of Common Pleas of New York City. Chancellor Samuel Jones was appointed Chief Justice; and Josiah Ogden Hoffman and Congressman Thomas J. Oakley associate justices.
On July 22, a state convention of Adams men met at Utica; James Fairlie was Chairman; and Tilly Lynde and Thomas Clowes were Secretaries. They nominated U.S. Supreme Court Justice Smith Thompson for Governor, and Assemblyman Francis Granger for Lieutenant Governor.
The Anti-Masonic state convention nominated Assemblyman Francis Granger for Governor, and State Senator John Crary for Lieutenant Governor. Granger declined to run for this office on this ticket, and expected Crary to decline too, so that he, Granger, could be endorsed by the Anti-Masons for Lieutenant Governor. Crary, however, did not decline and ran on the Anti-Masonic ticket with Solomon Southwick for Governor.
The Legislature met for a special session on September 9; and adjourned on December 10. At this session the debate on the report of the Board of Revisers of the State Statutes continued.
On October 7, Charles Dayan was elected President pro tempore of the State Senate.
- The First District (4 seats) consisted of Kings, New York, Queens, Richmond and Suffolk counties.
- The Second District (4 seats) consisted of Delaware, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties.
- The Third District (4 seats) consisted of Albany, Columbia, Greene, Rensselaer, Schenectady and Schoharie counties.
- The Fourth District (4 seats) consisted of Clinton, Essex, Franklin, Hamilton, Montgomery, St. Lawrence, Saratoga, Warren and Washington counties.
- The Fifth District (4 seats) consisted of Herkimer, Jefferson, Lewis, Madison, Oneida and Oswego counties.
- The Sixth District (4 seats) consisted of Broome, Chenango, Cortland, Otsego, Steuben, Tioga and Tompkins counties.
- The Seventh District (4 seats) consisted of Cayuga, Onondaga, Ontario, Seneca, Wayne and Yates counties.
- The Eighth District (4 seats) consisted of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara and Orleans counties.
The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.
|First||Jacob Tyson||1 year||Jacksonian||elected to fill vacancy, in place of Cadwallader D. Colden;
also First Judge of the Richmond County Court
|Joshua Smith*||2 years|
|Robert Bogardus*||3 years||Jacksonian|
|John I. Schenck||4 years||Jacksonian|
|Second||Wells Lake*||1 year|
|Peter R. Livingston*||2 years||Jacksonian||on January 5, elected President pro tempore|
|Benjamin Woodward*||3 years||also Postmaster of Mount Hope|
|Walker Todd||4 years||Jacksonian||also Postmaster of Carmel|
|Third||Richard McMichael*||1 year|
|Ambrose L. Jordan*||2 years||Adams man|
|John McCarty*||3 years||Jacksonian|
|Moses Warren||4 years||Jacksonian|
|Fourth||John Crary*||1 year||Adams man|
|John L. Viele*||2 years|
|Duncan McMartin Jr.*||3 years||Adams man|
|Reuben Sanford||4 years||Adams man|
|Fifth||Charles Dayan*||1 year||Jacksonian||on October 7, elected President pro tempore;
in November 1828, chosen a presidential elector-at-large
|Charles Stebbins*||2 years||Jacksonian|
|Truman Enos*||3 years||Jacksonian|
|Nathaniel S. Benton||4 years||Jacksonian||until January 10, 1828, also Surrogate of Herkimer Co.|
|Sixth||Stukely Ellsworth*||1 year|
|Peter Hager 2d*||2 years|
|Thomas G. Waterman*||3 years|
|Grattan H. Wheeler||4 years||Adams man|
|Seventh||John C. Spencer*||1 year||Adams man|
|Truman Hart*||2 years|
|William M. Oliver*||3 years||Jacksonian||until March 31, 1828, also First Judge of the Yates County Court|
|George B. Throop||4 years||Jacksonian|
|Eighth||Samuel Wilkeson*||1 year|
|Ethan B. Allen*||2 years|
|Charles H. Carroll*||3 years||Adams man||also First Judge of the Livingston County Court;
resigned in March 1828
|Timothy H. Porter||4 years||Adams man|
- Clerk: John F. Bacon
- Albany County (3 seats)
- Allegany County (1 seat)
- Broome County (1 seat)
- Cattaraugus County (1 seat)
- Cayuga County (4 seats)
- Chautauqua County (2 seats)
- Chenango County (3 seats)
- Clinton County (1 seat)
- Columbia County (3 seats)
- Cortland County (2 seats)
- Delaware County (2 seats)
- Dutchess County (4 seats)
- Erie County (2 seats)
- Essex County (1 seat)
- Franklin County (1 seat)
- Genesee County (3 seats)
- Greene County (2 seats)
- Hamilton and Montgomery counties (3 seats)
- Herkimer County (3 seats)
- Jefferson County (3 seats)
- Kings County (1 seat)
- Lewis County (1 seat)
- Livingston County (2 seats)
- Madison County (3 seats)
- Monroe County (3 seats)
- The City and County of New York (11 seats)
- Niagara County (1 seat)
- Oneida County (5 seats)
- Onondaga County (4 seats)
- Ontario County (3 seats)
- Orange County (3 seats)
- Orleans County (1 seat)
- Oswego County (1 seat)
- Otsego County (4 seats)
- Putnam County (1 seat)
- Queens County (1 seat)
- Rensselaer County (4 seats)
- Richmond County (1 seat)
- Rockland County (1 seat)
- St. Lawrence County (2 seats)
- Saratoga County (3 seats)
- Schenectady County (1 seat)
- Schoharie County (2 seats)
- Seneca County (2 seats)
- Steuben County (2 seats)
- Suffolk County (2 seats)
- Sullivan County (1 seat)
- Tioga County (2 seats)
- Tompkins County (3 seats)
- Ulster County (2 seats)
- Warren County (1 seat)
- Washington (3 seats)
- Wayne County (2 seats)
- Westchester County (3 seats)
- Yates County (1 seat)
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
- Clerk: Francis Seger
- Sergeant-at-Arms: John C. Ellis
- Doorkeeper: William Seely
- Assistant Doorkeeper: James D. Scollard
- Originally, 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.
- Porter was one of the Bucktail minority who did not follow Van Buren to support Jackson, and was elected by the votes of the Anti-Masons who endorsed Porter after the regular Anti-Masonic nominee George A. S. Crooker was dropped, having been found out to be a Mason.
- Robert Emmet, son of Thomas Addis Emmet
- see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 73ff)
- The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 109 and 441 for Senate districts; pg. 127 for senators; pg. 148f for Assembly districts; pg. 206f 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. 2, Phinney & Co., Buffalo, 1850; pg. 258 to 288)