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 (Middle D.) and Alexander Webster (Eastern D.) were re-elected. John Haring (Middle D.), and ex-assemblymen Henry Oothoudt and William B. Whiting (Western D.) 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.It is unclear how the terms in the Middle District were distributed. There were three vacancies, being two full terms and one short term—the terms of Levi Pawling and Jesse Woodhull had expired, and Paine had been expelled with 2 years left—and Pawling, Haring and Palmer were elected. Pawling died before the next Legislature. On January 21, 1784, the first day of the 7th New York State Legislature, Palmer claimed the seat for the full term, but his term was declared expired, and Haring continued to sit.
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 The Southern District (9 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties. The Middle District (6 seats) consisted of Dutchess, Orange and Ulster counties. The Eastern District (3 seats) consisted of Charlotte, Cumberland and Gloucester counties. The Western District (6 seats) consisted of Albany and Tryon 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. 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.
District Senators Term left Notes SouthernIsaac Roosevelt*1 yearholding over on appointment by Constitutional ConventionJohn Morin Scott*1 yearholding over on appointment by Constitutional Convention; also Secretary of State of New YorkJonathan Lawrence*2 yearsholding over on appointment by Constitutional Convention(Lewis Morris)*2 yearsholding over on appointment by Constitutional Convention; did not attendStephen Ward*2 yearsappointed by State AssemblyWilliam Floyd*3 yearsholding over on appointment by Constitutional ConventionWilliam Smith*3 yearsholding over on appointment by Constitutional ConventionIsaac Stoutenburgh*3 yearsholding over on appointment by State Assembly; elected to the Council of AppointmentSir 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 Thomas Palmer2 yearselected to fill vacancy, in place of Ephraim Paine Zephaniah Platt*2 yearselected to the Council of AppointmentArthur Parks*3 yearsJohn Haring4 yearsLevi Pawling*4 yearsdied March 1782 Eastern(Ebenezer Russell)*1 yeardid not attend(Elkanah Day)*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 yearsdid not attendAlexander Webster* 4 yearselected to the Council of Appointment WesternJacob G. Klock*1 years Abraham Yates Jr.*1 yearsAbraham Ten Broeck2 yearsalso Mayor of AlbanyPhilip Schuyler3 yearsalso New York State Surveyor GeneralHenry Oothoudt4 yearselected to the Council of AppointmentWilliam B. Whiting4 years
Employees Clerk: Robert Benson
State Assembly Districts
The City and County of Albany (10 seats) Charlotte County (4 seats) Cumberland County (3 seats) Dutchess County (7 seats) Gloucester County (2 seats) Kings County (2 seats) The City and County of New York (9 seats) Orange County (4 seats) Queens County (4 seats) Richmond County (2 seats) Suffolk County (5 seats) Tryon County (6 seats) Ulster County (6 seats) Westchester County (6 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. 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 AlbanyMatthew Adgate*Jacob FordPhilip FrisbieJohn Lansing Jr.*George PalmerDirck Swart*Samuel Ten BroeckIsrael ThompsonIsaac Vrooman*Edmund Wells CharlotteDavid Hopkins* Hamilton McCollister*Matthew McWhorter*John WilliamsCumberland none No election returns from these countiesCumberland 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. Neither county did file any election returns with the Secretary of State of New York in 1781.Gloucester Dutchess Dirck BrinckerhoffJonathan DennisCornelius HumfreyEbenezer HustedAbraham PaineThomas StormJacobus Swartwout* KingsWilliam Boerum*holding over on appointment by Constitutional ConventionHenry Williams*holding over on appointment by Constitutional Convention New YorkEvert Bancker*holding over on appointment by Constitutional Convention; re-elected SpeakerJohn Berrien*holding over on appointment by the State SenateAbraham Brasher*holding over on appointment by Constitutional ConventionDaniel Dunscomb*holding over on appointment by Constitutional ConventionRobert Harpur*holding over on appointment by Constitutional ConventionFrederick Jay*holding over on appointment by Constitutional ConventionAbraham P. Lott*holding over on appointment by Constitutional ConventionJacobus Van Zandt*holding over on appointment by Constitutional ConventionPeter P. Van Zandt*holding over on appointment by Constitutional Convention Orange Jeremiah ClarkJohn Hathorn John Stagg*John Suffern QueensBenjamin Birdsall*holding over on appointment by Constitutional ConventionBenjamin Coe*holding over on appointment by Constitutional ConventionPhilip 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 vacancyDaniel Lawrence*holding over on appointment by Constitutional Convention RichmondJoshua Mersereau*holding over on appointment by Constitutional Conventionvacant Suffolk David Gelston*holding over on appointment by Constitutional ConventionEzra L'Hommedieu*holding over on appointment by Constitutional ConventionBurnet Miller*holding over on appointment by Constitutional ConventionThomas Tredwell*holding over on appointment by Constitutional ConventionThomas Wickes*holding over on appointment by Constitutional Convention Tryon Zephaniah Batchelor* Abraham Garrison*William HarperIsaac MerselisJohn Moore*William Petrie Ulster Johannes BruynCharles DeWittJohannes HardenberghAbraham HasbrouckJames Huntervacant WestchesterNathaniel DelivanAbijah GilbertZebediah MillsNathan Rockwell*Thomas Thomas*Jonathan G. Tompkins*
Employees Clerk: John McKesson
Notes
Sources The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 108 for Senate districts; pg. 111f for senators; pg. 148f for Assembly districts; pg. 160 for assemblymen]