51st New York State Legislature


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.

Background

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" and the "Clintonians". In view of the 1828 United States presidential election, the parties re-aligned: most of the Bucktails became "Jacksonians" ; and most of the Clintonians became "Adams men".
On September 11, 1826, began the affair surrounding the abduction, and probable murder, of William Morgan which led to the foundation of the Anti-Masonic Party in 1828.

Elections

The State election was held from November 5 to 7, 1827. John I. Schenck, Walker Todd, Moses Warren, Reuben Sanford, Nathaniel S. Benton, Grattan H. Wheeler, George B. Throop and Timothy H. Porter were elected to full terms in the Senate. Jacob Tyson was elected to fill the vacancy.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1828, and adjourned on April 21.
Erastus Root was re-elected Speaker unopposed.
On January 5, Lt. Gov. Pitcher informed the State Senate that he was too ill to attend the session, and Peter R. Livingston 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 appointed Daniel Moseley as Special Prosecutor to detect and punish the murderers of William Morgan.
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 June 10, a state convention of Adams men met at Albany, and nominated U.S. President John Quincy Adams for re-election.
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 Jacksonian state convention met at Herkimer and nominated U.S. Senator Martin Van Buren for Governor and Circuit Judge Enos T. Throop for Lieutenant 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.

State Senate

Districts

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.
DistrictSenatorsTerm leftPartyNotes
FirstJacob Tyson1 yearJacksonianelected to fill vacancy, in place of Cadwallader D. Colden;
also First Judge of the Richmond County Court
FirstJoshua Smith*2 years
FirstRobert Bogardus*3 yearsJacksonian
FirstJohn I. Schenck4 yearsJacksonian
SecondWells Lake*1 year
SecondPeter R. Livingston*2 yearsJacksonianon January 5, elected President pro tempore
SecondBenjamin Woodward*3 yearsalso Postmaster of Mount Hope
SecondWalker Todd4 yearsJacksonianalso Postmaster of Carmel
ThirdRichard McMichael*1 year
ThirdAmbrose L. Jordan*2 yearsAdams man
ThirdJohn McCarty*3 yearsJacksonian
ThirdMoses Warren4 yearsJacksonian
FourthJohn Crary*1 yearAdams man
FourthJohn L. Viele*2 years
FourthDuncan McMartin Jr.*3 yearsAdams man
FourthReuben Sanford4 yearsAdams man
FifthCharles Dayan*1 yearJacksonianon October 7, elected President pro tempore;
in November 1828, chosen a presidential elector-at-large
FifthCharles Stebbins*2 yearsJacksonian
FifthTruman Enos*3 yearsJacksonian
FifthNathaniel S. Benton4 yearsJacksonianuntil January 10, 1828, also Surrogate of Herkimer Co.
SixthStukely Ellsworth*1 year
SixthPeter Hager 2d*2 years
SixthThomas G. Waterman*3 years
SixthGrattan H. Wheeler4 yearsAdams man
SeventhJohn C. Spencer*1 yearAdams man
SeventhTruman Hart*2 years
SeventhWilliam M. Oliver*3 yearsJacksonianuntil March 31, 1828, also First Judge of the Yates County Court
SeventhGeorge B. Throop4 yearsJacksonian
EighthSamuel Wilkeson*1 year
EighthEthan B. Allen*2 years
EighthCharles H. Carroll*3 yearsAdams manalso First Judge of the Livingston County Court;
resigned in March 1828
EighthTimothy H. Porter4 yearsAdams man

Employees

Districts

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.
DistrictAssemblymenPartyNotes
AlbanyBenjamin F. ButlerJacksonian
AlbanyWilliam N. Sill
AlbanyDavid I. D. Verplanck
AlleganyAzel Fitch
BroomePeter Robinson*Jacksonian
CattaraugusJames McGlashan
CayugaHenry R. Brinckerhoff
CayugaGardner Kortright*
CayugaWilliam H. Noble
CayugaPhilo Sperry
ChautauquaNathaniel Fentonpreviously from Otsego??
ChautauquaNathan Mixer
ChenangoTilly LyndeAdams man
ChenangoHenry MitchellJacksonian
ChenangoRobert MonellJacksonianin November 1828, elected to the 21st United States Congress
ClintonBela Edgerton*
ColumbiaKillian MillerAdams man
ColumbiaAbel S. Peters
ColumbiaElisha WilliamsAdams man
CortlandJohn L. Boyd
CortlandNathan Dayton*Jacksonian
DelawareEdward Doyle
DelawareErastus Root*Jacksonianre-elected Speaker
DutchessTaber Belding
DutchessFrancis A. Livingston
DutchessGeorge W. Slocum
DutchessNathaniel P. TallmadgeJacksonian
ErieDavid Burt*
EriePeter B. PorterAdams manvacated his seat on May 23, 1828, when appointed as U.S. Secretary of War
EssexEzra C. GrossAdams man
FranklinLuther BradishAdams man
GeneseeDennis Blakeley
GeneseeTrumbull Cary
GeneseeJohn B. Skinner*Jacksonian
GreeneElisha Bishop
GreeneWilliam Faulkner Jr.
Hamilton and
Montgomery		Daniel F. SaciaJacksonian
Hamilton and
Montgomery		John S. Veeder
Hamilton and
Montgomery		Nathaniel Westcott*
HerkimerDavid R. Carrier
HerkimerAbijah Mann, Jr.Jacksonian
HerkimerJohn P. Snell
JeffersonDavid W. Bucklin*Jacksonian
JeffersonAlpheus S. Greene*
JeffersonDaniel Wardwell*Jacksonian
KingsClarence D. Sackett*
LewisGeorge D. Ruggles
LivingstonCalvin H. Bryan
LivingstonWilliam Jones
MadisonJoseph Clark
MadisonJohn Knowles
MadisonEri Richardson
MonroeTimothy ChildsAdams manin November 1828, elected to the 21st United States Congress
MonroeEzra Sheldon Jr.
MonroeFrancis Storm
New YorkWilliam AlburtisJacksonian
New YorkSaul AlleyJacksonian
New YorkPhilip Brasher*Jacksonian
New YorkAbraham Cargill*Jacksonian
New YorkIsaac DyckmanJacksonian
New YorkRobert EmmetJacksonian
New YorkOgden HoffmanJacksonian
New YorkAsa MannJacksonian
New YorkShivers ParkerJacksonian
New YorkAlpheus Sherman*Jacksonian
New YorkLemuel Smith*Jacksonian
NiagaraJohn Garnsey*
OneidaGardiner Avery
OneidaParker did not take or claim the seat; contested
by S. Sidney Breese who was seated on January 4
OneidaThomas E. Clarke
OneidaBenjamin P. Johnson*
OneidaEli Savage
OnondagaTimothy Barber
OnondagaDavid Baxter
OnondagaAaron Burt*
OnondagaGideon Frothingham
OntarioHeman Chapin
OntarioFrancis Granger*Adams man
OntarioRobert C. NicholasAdams man
OrangeNathaniel Jones*
OrangePeter Milliken
OrangeDavid M. Westcott
OrleansLyman Bates
OswegoOrris Hart*
OtsegoJoseph Clyde
OtsegoHorace Lathrop
OtsegoArunah MetcalfAdams man
OtsegoHalsey Spencer
PutnamHenry B. Cowles*Adams manin November 1828, elected to the 21st United States Congress
QueensThomas Tredwell*
RensselaerSamuel S. CheeverJacksonian
RensselaerAlonzo G. Hammond
RensselaerWilliam Pierce
RensselaerJoseph Wadsworth
RichmondAbraham Cole*
RocklandLevi Sherwood*
St. LawrenceMoses Rowley
St. LawrenceJabez Willes
SaratogaAlpheus Goodrich
SaratogaThomas Howland
SaratogaEli M. Todd
SchenectadyAlonzo C. Paige*Jacksonian
SchoharieHenry Devereaux
SchoharieJames Sweetman
SenecaAndrew Glover
SenecaErastus Woodworth
SteubenDugald Camerondied on March 5, 1828
SteubenWilliam WoodsAdams manalso Surrogate of Steuben Co.
SuffolkAbraham H. Gardiner
SuffolkTredwell Scudderalso Supervisor of the Town of Islip
SullivanAlpheus Dimmick
TiogaWilliam Maxwell
TiogaJacob Swartwood
TompkinsAmasa DanaJacksonianalso D.A. of Tompkins Co.
TompkinsSamuel H. Dean
TompkinsJosiah Hedden
UlsterThomas H. Jansen
UlsterJacob J. Schoonmaker
WarrenTruman B. Hicks
WashingtonJonathan Mosher
WashingtonHenry Thorn
WashingtonHenry Whiteside
WayneThomas Armstrong*Jacksonianalso Supervisor of Butler
WayneLuther Fillmore
WestchesterJohn Fisher*
WestchesterNathaniel Montross*
WestchesterJames Turk
YatesMorris F. Sheppard

Employees