4th New York State Legislature

The 4th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from September 7, 1780, to July 1, 1781, during the fourth year of George Clinton's governorship, first at Poughkeepsie, then at Albany, and finally at Poughkeepsie again.

4th New York State Legislature
←3rd 5th→
Clinton House, Poughkeepsie (2007)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 2, 1780 – July 1, 1781
Senate
Members24
President{{{vp}}}
Assembly
Members70 (de facto 65)
SpeakerEvert Bancker
Sessions
1stSeptember 7 – October 10, 1780
2ndJanuary 17 – March 31, 1781
3rdJune 15 – July 1, 1781

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 25 to 27, 1780. Gov. George Clinton and Lt. Gov. Pierre Van Cortlandt were re-elected. Under the determination by the Constitutional Convention, the senators William Floyd, William Smith and Isaac Stoutenburgh, whose seats were up for election, continued in office, as well as the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties. Arthur Parks (Middle D.) was re-elected. Philip Schuyler was elected in the Western District. Assemblyman Elkanah Day, from Cumberland County, which had seceded from New York to become a part of the Vermont Republic, was elected in the Eastern District.[1]

Sessions
The Old Albany City Hall

The State Legislature met first in Poughkeepsie, the seat of Dutchess County, on September 7, 1780, and adjourned on October 10. The Legislature reconvened at the Old City Hall in Albany, the seat of Albany County, on January 17, 1781, and adjourned on March 31. The Legislature reconvened again in Poughkeepsie, the Senate on June 15, the Assembly on June 18, and adjourned finally on July 1.

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. Elkanah Day changed from the Assembly to the Senate, but never took his seat.

District Senators Term left Notes
Southern Sir James Jay* 1 year appointed by State Assembly
Isaac Roosevelt* 2 years holding over on appointment by Constitutional Convention
John Morin Scott* 2 years holding over on appointment by Constitutional Convention;
also Secretary of State of New York
Jonathan Lawrence* 3 years holding over on appointment by Constitutional Convention
Lewis Morris* 3 years holding over on appointment by Constitutional Convention
Stephen Ward* 3 years appointed by State Assembly;
elected to the Council of Appointment
William Floyd* 4 years holding over on appointment by Constitutional Convention
William Smith* 4 years holding over on appointment by Constitutional Convention
Isaac Stoutenburgh* 4 years holding over on appointment by State Assembly
Middle Levi Pawling* 1 year
Jesse Woodhull* 1 year
Henry Wisner* 2 years
Ephraim Paine* 3 years elected to the Council of Appointment;
expelled on March 15, 1781, for "neglect of duty"
Zephaniah Platt* 3 years
Arthur Parks* 4 years elected to the Council of Appointment to fill vacancy, in place of Ephraim Paine
Eastern Alexander Webster* 1 year
Ebenezer Russell* 2 years elected to the Council of Appointment
(Elkanah Day)*[2] 4 years did not attend
Western Jellis Fonda* 1 year
Rinier Mynderse* 1 year
Jacob G. Klock* 2 years
Abraham Yates Jr.* 2 years
Abraham Ten Broeck 3 years also Mayor of Albany;
elected to the Council of Appointment
Philip Schuyler 4 years from March 30, 1781, also New York State Surveyor General

Employees
  • Clerk: Robert Benson

State Assembly

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.

County Assemblymen Notes
Albany Matthew Adgate
John Ja. Beekman
James Gordon*
John Lansing Jr.
Peter R. Livingston
Dirck Swart
John Tayler
John Van Rensselaer Jr.
Robert Van Rensselaer
Isaac Vrooman*
Charlotte David Hopkins*
Hamilton McCollister
Matthew McWhorter
Ichabod Parker
Cumberland none[3]
Dutchess Egbert Benson* also New York State Attorney General
Ebenezer Cary
Samuel Dodge*
Henry Ludington*
Brinton Paine*
Guisbert Schenck
Jacobus Swartwout
Gloucester none No election returns from this county[4]
Kings William Boerum* holding over on appointment by Constitutional Convention
Henry Williams* holding over on appointment by Constitutional Convention
New York Evert Bancker* holding over on appointment by Constitutional Convention;
re-elected Speaker
John Berrien* holding over on appointment by the State Senate
Abraham Brasher* holding over on appointment by Constitutional Convention
Daniel Dunscomb* holding over on appointment by Constitutional Convention
Robert Harpur* holding over on appointment by Constitutional Convention
Frederick Jay* holding over on appointment by Constitutional Convention
Abraham P. Lott* holding over on appointment by Constitutional Convention
Jacobus Van Zandt* holding over on appointment by Constitutional Convention
Peter P. Van Zandt* holding over on appointment by Constitutional Convention
Orange Jeremiah Clark
David Pye
Bezaleel Seely*?
John Stagg
Queens Benjamin Birdsall* holding over on appointment by Constitutional Convention
Benjamin Coe* holding over on appointment by Constitutional Convention
Philip Edsall* holding over on appointment by Constitutional Convention
Daniel Lawrence* holding over on appointment by Constitutional Convention
Richmond Joshua Mersereau* holding over on appointment by Constitutional Convention
vacant
Suffolk David Gelston* holding over on appointment by Constitutional Convention
Ezra L'Hommedieu* holding over on appointment by Constitutional Convention
Burnet Miller* holding over on appointment by Constitutional Convention
Thomas Tredwell* holding over on appointment by Constitutional Convention
Thomas Wickes* holding over on appointment by Constitutional Convention
Tryon Zephaniah Batchelor
Jacob Gardenier*
Abraham Garrison
John Moore
Abraham Van Horne
Peter Waggoner Jr.*
Ulster Robert Boyd Jr.*
John Cantine*
Cornelius C. Schoonmaker*
Nathan Smith*
Dirck Wynkoop
vacant
Westchester Samuel Drake*
Philip Pell*
Nathan Rockwell
Joseph Strang
Thomas Thomas
Jonathan G. Tompkins

Employees
  • Clerk: John McKesson

Notes
  1. Elkanah Day was a "Yorker", a member of the faction who opposed the Vermont government and advocated the seceded counties' remaining in the State of New York. See History of Eastern Vermont by Benjamin Homer Hall (Chapter XIII: Conflict of Jurisdictions, pages 332ff; and Civil list appendix, page 768)
  2. Elkanah Day is not listed among the senators in any session in the Civil List of 1858, which means that he did not attend any session, but it is certain that election returns were filed with the Secretary of State of New York in 1780, since he was elected to the Council of Appointment in 1782; the History of Eastern Vermont by Benjamin Homer Hall (Civil list appendix, page 768) lists him as a New York State Senator and stating "Commencement of Session September 10, 1781"
  3. It is unclear if election returns were filed with the Secretary of State of New York. Nobody claimed the Assembly seats, but Elkanah Day claimed a seat in the Senate; see note for Gloucester County.
  4. Cumberland and Gloucester counties seceded from the Province of New York in January 1777, and became part of the Vermont Republic, while the Constitutional Convention was still debating the new Constitution. The New York Constitution was approved in April 1777, not recognizing the secession. Gloucester Co. did not file any election returns with the Secretary of State of New York in 1779.

Sources
  • The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 108 for Senate districts; pg. 111 for senators; pg. 148f for Assembly districts; pg. 159f for assemblymen]
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