5th New York State Legislature


The 5th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from October 10, 1781, to April 14, 1782, during the fifth year of George Clinton's governorship, at Poughkeepsie.

Background

Under the provisions of the New York Constitution of 1777, the State Senators were elected on general tickets in the senatorial districts, and were then divided into four classes. Six senators each drew lots for a term of 1, 2, 3 or 4 years and, beginning at the election in April 1778, every year six Senate seats came up for election to a four-year term. Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.
On May 8, 1777, the Constitutional Convention had appointed the senators from the Southern District, and the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties—the area which was under British control—and determined that these appointees serve in the Legislature until elections could be held in those areas, presumably after the end of the American Revolutionary War. Vacancies among the appointed members in the Senate should be filled by the Assembly, and vacancies in the Assembly by the Senate.

Elections

The State elections were held from April 24 to 26, 1781. Under the determination by the Constitutional Convention, Senator Sir James Jay, whose seat was up for election, continued in office, as well as the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties. Levi Pawling and Alexander Webster were re-elected. John Haring, and ex-assemblymen Henry Oothoudt and William B. Whiting were also elected to the Senate. Ex-Assemblyman Thomas Palmer was elected in the Middle District to fill the vacancy caused by the expulsion of Ephraim Paine.

Sessions

The State Legislature met in Poughkeepsie, the seat of Dutchess County. The Senate met first on October 10, 1781, the Assembly on October 24; the Senate adjourned on November 3, the Assembly on November 23. The Assembly reconvened on February 21, 1782, the Senate on February 23; and both Houses adjourned on April 14. The seat of Sir James Jay was declared vacant when he joined the Loyalists, and at the end of the American Revolutionary War he went into exile in London.

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. In 1784, Charlotte Co. was renamed Washington Co., and Tryon Co. was renamed Montgomery Co.

Senators

The asterisk denotes members of the previous Legislature who continued in office as members of this Legislature.
DistrictSenatorsTerm leftNotes
SouthernIsaac Roosevelt*1 yearholding over on appointment by Constitutional Convention
SouthernJohn Morin Scott*1 yearholding over on appointment by Constitutional Convention;
also Secretary of State of New York
SouthernJonathan Lawrence*2 yearsholding over on appointment by Constitutional Convention
Southern*2 yearsholding over on appointment by Constitutional Convention;
did not attend
SouthernStephen Ward*2 yearsappointed by State Assembly
SouthernWilliam Floyd*3 yearsholding over on appointment by Constitutional Convention
SouthernWilliam Smith*3 yearsholding over on appointment by Constitutional Convention
SouthernIsaac Stoutenburgh*3 yearsholding over on appointment by State Assembly;
elected to the Council of Appointment
SouthernSir James Jay*4 yearsholding over on appointment by State Assembly;
seat declared vacant from "inability to attend, being held a prisoner"
MiddleHenry Wisner*1 year
MiddleThomas Palmer2 yearselected to fill vacancy, in place of Ephraim Paine
MiddleZephaniah Platt*2 yearselected to the Council of Appointment
MiddleArthur Parks*3 years
MiddleJohn Haring4 years
MiddleLevi Pawling*4 yearsdied March 1782
Eastern*1 yeardid not attend
Eastern*3 yearsdid not attend
EasternAlexander Webster*4 yearselected to the Council of Appointment
WesternJacob G. Klock*1 years
WesternAbraham Yates Jr.*1 years
WesternAbraham Ten Broeck2 yearsalso Mayor of Albany
WesternPhilip Schuyler3 yearsalso New York State Surveyor General
WesternHenry Oothoudt4 yearselected to the Council of Appointment
WesternWilliam B. Whiting4 years

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. In 1784, Charlotte Co. was renamed Washington Co., and Tryon Co. was renamed Montgomery Co.

Assemblymen

The asterisk denotes members of the previous Legislature who continued as members of this Legislature.
CountyAssemblymenNotes
AlbanyMatthew Adgate*
AlbanyJacob Ford
AlbanyPhilip Frisbie
AlbanyJohn Lansing Jr.*
AlbanyGeorge Palmer
AlbanyDirck Swart*
AlbanySamuel Ten Broeck
AlbanyIsrael Thompson
AlbanyIsaac Vrooman*
AlbanyEdmund Wells
CharlotteDavid Hopkins*
CharlotteHamilton McCollister*
CharlotteMatthew McWhorter*
CharlotteJohn Williams
CumberlandnoneNo election returns from these counties
GloucesternoneNo election returns from these counties
DutchessDirck Brinckerhoff
DutchessJonathan Dennis
DutchessCornelius Humfrey
DutchessEbenezer Husted
DutchessAbraham Paine
DutchessThomas Storm
DutchessJacobus Swartwout*
KingsWilliam Boerum*holding over on appointment by Constitutional Convention
KingsHenry Williams*holding over on appointment by Constitutional Convention
New YorkEvert Bancker*holding over on appointment by Constitutional Convention;
re-elected Speaker
New YorkJohn Berrien*holding over on appointment by the State Senate
New YorkAbraham Brasher*holding over on appointment by Constitutional Convention
New YorkDaniel Dunscomb*holding over on appointment by Constitutional Convention
New YorkRobert Harpur*holding over on appointment by Constitutional Convention
New YorkFrederick Jay*holding over on appointment by Constitutional Convention
New YorkAbraham P. Lott*holding over on appointment by Constitutional Convention
New YorkJacobus Van Zandt*holding over on appointment by Constitutional Convention
New YorkPeter P. Van Zandt*holding over on appointment by Constitutional Convention
OrangeJeremiah Clark
OrangeJohn Hathorn
OrangeJohn Stagg*
OrangeJohn Suffern
QueensBenjamin Birdsall*holding over on appointment by Constitutional Convention
QueensBenjamin Coe*holding over on appointment by Constitutional Convention
QueensPhilip Edsall*holding over on appointment by Constitutional Convention;
resigned on October 20, 1781;
Nathaniel Tom was appointed by the State Senate on October 31, 1781, to fill the vacancy
QueensDaniel Lawrence*holding over on appointment by Constitutional Convention
RichmondJoshua Mersereau*holding over on appointment by Constitutional Convention
Richmondvacant
SuffolkDavid Gelston*holding over on appointment by Constitutional Convention
SuffolkEzra L'Hommedieu*holding over on appointment by Constitutional Convention
SuffolkBurnet Miller*holding over on appointment by Constitutional Convention
SuffolkThomas Tredwell*holding over on appointment by Constitutional Convention
SuffolkThomas Wickes*holding over on appointment by Constitutional Convention
TryonZephaniah Batchelor*
TryonAbraham Garrison*
TryonWilliam Harper
TryonIsaac Merselis
TryonJohn Moore*
TryonWilliam Petrie
UlsterJohannes Bruyn
UlsterCharles DeWitt
UlsterJohannes Hardenbergh
UlsterAbraham Hasbrouck
UlsterJames Hunter
Ulstervacant
WestchesterNathaniel Delivan
WestchesterAbijah Gilbert
WestchesterZebediah Mills
WestchesterNathan Rockwell*
WestchesterThomas Thomas*
WestchesterJonathan G. Tompkins*

Employees