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23rd New York State Legislature

From Wikipedia, the free encyclopedia

23rd New York State Legislature
22nd 24th
Old Albany City Hall.png
The Old Albany City Hall (undated)
Overview
JurisdictionNew York, United States
TermJuly 1, 1799 – June 30, 1800
Senate
Members43
PresidentLt. Gov. Stephen Van Rensselaer (Fed.)
Party controlFederalist (32-11)
Assembly
Members108
SpeakerDirck Ten Broeck (Fed.)
Party controlFederalist
Sessions
1stJanuary 28, 1800 – April 8, 1800

The 23rd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 28 to April 8, 1800, during the fifth year of John Jay's governorship, in Albany.

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  • ✪ Civil Rights & Liberties: Crash Course Government #23
  • ✪ New York State Resistance - "... prime for something like that." 1/29/13
  • ✪ Teddy Roosevelt - 7of22 (HistCh)
  • ✪ NY State Senator George Latimer addresses Commissioner John King (1-23-14)

Transcription

Hi, I'm Craig, and this is Crash Course Government and Politics, and today we're finally, at long last, moving on from the structures and branches of government and onto the structures and branches of trees. This is a nature show now. Okay, we're not moving on completely, because we're still talking about courts, but today we'll be discussing actual court decisions, and the kind of things that courts rule on, rather than how they do it. That's right, we're moving onto civil rights and civil liberties. [Intro] Okay, first I want to talk about something that I find confusing: the difference between civil rights and civil liberties. Usually in America, we use the terms interchangeably, which adds to the confusion, but lawyers and political scientists draw a distinction, so you should know about it. Then you can go back to calling civil liberties "rights" and civil rights "liberties," and most people won't care, but I'll care. I'll be disappointed in you. So civil liberties are limitations placed on the government. Basically, they are things the government can't do that might interfere with your personal freedom. Civil rights are curbs on the power of majorities to make decisions that would benefit some at the expense of others. Basically, civil rights are guarantees of equal citizenship, and they mean that citizens are protected from discrimination by majorities. Take, for example, same sex marriage. You could think of it as a liberty, except that not everyone is free to marry at any given time. Six year olds can't get married, and you can't marry your sibling. But same sex marriage is a civil rights issue because in the states that don't allow it, the majority of voters is denying something to a minority, creating inequality in the way that the laws work. Now, just to make things more confusing, lawyers often talk about the difference between substantive and procedural liberties, but they usually call them rights instead of liberties. That's a lawyer eagle. A legal eagle. Substantive liberties are limits on what the government can do. For example, the first amendment says that congress shall make no law establishing religion. So this means that they cannot create a national church or declare that Christianity or Islam or Hinduism is the official religion of the US. Procedural liberties are limits on how the government can act. For example, in America in courtroom dramas, there is a presumption that someone is innocent until proven guilty. This presumption means that in criminal cases, juries and judges have to act as though the accused is innocent until the prosecution convinces them otherwise. If they are not convinced, the accused person doesn't go to prison. So now that we understand the difference between civil rights and civil liberties perfectly because of my amazing explanation, let's focus on liberties and try to figure out what they are and where they come from, with some help from Thought Bubble. So civil liberties are contained in the incredibly unhelpfully named "Bill of Rights," which isn't even called that in the Constitution. It's just a name that we give to the first 10 amendments. The 9th amendment is included to remind us that the list of liberties and/or rights in the other amendments isn't exhaustive. There might be other rights out there, but the constitution doesn't specifically say what they are. Thanks constitution. In some cases, it's pretty clear. The first amendment, for example, says that "congress shall make no law respecting the establishment of religion, or abridging the free exercise thereof, or abridging the freedom of speech or of the press to assemble or to infringe the right to petition the government for redress of grievances." Pretty straight forward. But other cases are not so clear. The second amendment says "the right to keep and bear arms shall not be infringed," but it doesn't say by whom. Same thing with the 5th amendment guarantees against self incrimination. Could congress force you to incriminate yourself? How would they do that? And the 8th amendment prohibits cruel and unusual punishments, like presumably shock pens, but it doesn't say who is forbidden from cruelly and unusually punishing. My mom wasn't forbidden from keeping me from playing video games. As usual, we might expect the Supreme Court to sort out this mess, but initially they were no help at all. In a case that you've probably never heard of, called Barron vs. Baltimore, decided in 1833, the court said that the Bill of Rights applied to the national, meaning federal government, not to the states. They said that every American has dual citizenship, but not the good kind. They meant you are a citizen of the US and of the state in which you reside, and basically that the constitution only protected you from the federal government. In other words, if the state of Indiana wanted to punish me cruelly or unusually, they could. Thanks, Thought Bubble. So Barron vs. Baltimore left Americans in a bit of a civil liberties pickle, and not the good kind of pickle. They were protected from the national government doing terrible things, like quartering troops in their homes, but not from the state doing the same thing. And since the state was close to home and the national government was far away and, compared with today, tiny and weak, these protections were pretty weaksauce, so what happened to change this? I hope something, because I like a zesty government sauce. The 14th amendment and the Supreme Court happened. After the Civil War, as part of the reconstruction, the 13th, 14th, and 15th amendments were added to the constitution. Of these, the 14th is the most important, probably the most important of all amendments. What does it say? Well the first section, which is the one that really matters, and I'm not going to read the whole thing okay? It reads "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws." What this means is that the federal government's like: "Listen states, you can't be dumb. Just stop it. Okay? We're all in this together. Alright?" It means states can't deny equal protection, civil rights, or due process, which in this case encompasses civil liberties. This in theory makes it impossible for states to infringe upon the liberties and the Bill of Rights. But the legal system being what it is, it's not quite that simple. Did you think it'd be simple? The Supreme Court could have just ruled that all the rights and liberties in the Bill of Rights applied to the states, which seems to be what the 14th amendment implies, but they didn't. Instead they ruled that each of the rights or liberties had to be incorporated against the states on a case-by-case basis. This is a concept called selective incorporation, and it supposedly reserves more power to the states. What it really means is that when the people thought that the states were violating liberties, they had to go to the Supreme Court, which by now has incorporated almost every clause in the Bill of Rights against the states. You want examples? We've got them. In the famous case of Gitlow vs. New York, the court ruled that the first amendment protection of the freedom of speech could not be violated by a state. In this case, it was New York, but once a liberty is incorporated against one state, it's incorporated against all of them. In Mapp vs. Ohio, the court ruled that states couldn't use evidence gathered from warrantless searches. In Benton vs. Maryland, the right against Double Jeopardy, being tried for the same crime twice, was incorporated against the states. By now, almost all the rights and liberties mentioned in the first ten Amendments have been incorporated against the states. This means that individuals are protected from all their governments taking away their liberties, and that's a good thing. I loves my liberties. So we'll be talking about civil rights and civil liberties for a number of episodes, and this topic, while confusing, can be lots of fun. We might play liberties bingo, or civil rights kickball. I don't know what those things are, but they sound like fun. The main thing to remember is that going all the way back to the framers, Americans have been concerned about a too powerful government taking away citizens' freedoms. Yes, these liberties apply mostly to citizens, although some do apply to non-citizens, too. In order to put limits on government, the Bill of Rights was added to the Constitution in 1789, but this didn't mean that those limits applied to the states, probably because the founders expected states to be the main protectors of rights, and in fact, many state constitutions have provisions that copy or in some ways, go beyond what's in the US Constitution. Only after the 14th Amendment was passed, following the Civil War, did the national government get around to addressing this issue of states denying people's liberties. Even then, it took numerous court cases for us to get to the point that most civil liberties that we assume cannot be taken away by the government have actually been guaranteed through the process of selective incorporation. It's taken a long time to get where we are, and there's still a long way to go. Protecting civil liberties requires vigilant citizens to be aware of the ways that government is overstepping its bounds, but that's only half the equation. It's also vital that our majority pay attention the civil rights of others, and that we ensure that everyone is afforded the same protections and benefits promised by our system of law. Thanks for watching. I'll see you next time. Crash Course Government and Politics is produced in association with PBS Digital Studios. Support for Crash Course US Government comes from Voqal. Voqal supports non-profits that use technology and media to advance social equity. Learn more about their mission and initiatives at Voqal.org. Crash Course is made with the help of these nice people who are innocent until proven guilty. Thanks for watching.

Contents

Background

Under the provisions of the New York Constitution of 1777, amended by the re-apportionment of March 4, 1796, Senators were elected on general tickets in the senatorial districts for four-year terms. They were divided into four classes, and every year about one fourth of the Senate seats came up for election. Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.

In 1797, Albany was declared the State capital, and all subsequent Legislatures have been meeting there ever since. In 1799, the Legislature enacted that future Legislatures meet on the last Tuesday of January of each year unless called earlier by the governor.

Congressman Jonathan N. Havens (D.-R.) died on October 25, 1799. Assemblyman John Smith (D.-R.) was elected in a special election in December 1799 to fill the vacancy.

In 1799, Cayuga County was split from Onondaga County, and was apportioned one seat in the Assembly, taken from Onondaga. Essex County was split from Clinton County, but remained in a double-county Assembly district.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.[1]

Elections

The State election was held from April 30 to May 2, 1799. Senators Richard Hatfield (Southern D.), Zina Hitchcock, Ebenezer Russell, Moses Vail (all three Eastern D.) and Vincent Mathews (Western D.) were re-elected. John B. Coles (Southern D.), Isaac Bloom, John Hathorn, John Suffern (all three Middle D.) and Moss Kent (Western D.) were also elected to the Senate.

Sessions

The Legislature met on January 28, 1800, at the Old City Hall in Albany; and adjourned on April 8.

Federalist Dirck Ten Broeck was re-elected Speaker without opposition.

The Legislature reduced the salary of the New York State Comptroller from $3,000 to $2,500 whereupon Samuel Jones declined to be re-appointed. On March 12, 1800, the Council of Appointment chose Assemblyman John Vernon Henry to succeed Jones.[2]

On March 12, 1800, a bill was proposed to divide the State into districts to elect presidential electors by popular ballot. This was rejected by the Federalist majority [vote 55 to 47], and the electors continued to be chosen by joint ballot of the State Legislature.[3]

On March 19, 1800, U.S. Senator James Watson (Fed.) resigned after his appointment as Naval Officer of the Port of New York. On April 3, 1800, the Legislature elected Gouverneur Morris (Fed.) to fill the vacancy.

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.

District Senators Term left Party Notes
Southern Samuel Haight* 1 year Federalist elected to the Council of Appointment
William Denning* 1 year Dem.-Rep.
Selah Strong* 1 year Federalist
Ezra L'Hommedieu* 2 years Dem.-Rep.
DeWitt Clinton* 3 years Dem.-Rep.
David Gelston* 3 years Dem.-Rep. also Surrogate of New York County
John Schenck* 3 year Dem.-Rep.
John B. Coles 4 years Federalist
Richard Hatfield* 4 years Federalist
Middle Robert Sands*[4] 1 year Federalist elected to the Council of Appointment
James Savage* 1 year Federalist
Peter Silvester* 1 year Federalist
William Thompson* 1 year Federalist
John Addison* 2 years Dem.-Rep. died in 1800[5]
Peter Cantine Jr.* 2 years Federalist
James G. Graham* 2 years Dem.-Rep.
Ebenezer Foote* 3 years Federalist also Delaware County Clerk
Ambrose Spencer* 3 years Dem.-Rep. also Assistant Attorney General (3rd D.)
Isaac Bloom 4 years Dem.-Rep.
John Hathorn 4 years Dem.-Rep.
John Suffern 4 years Dem.-Rep.
Eastern Leonard Bronck* 1 year Federalist
James Gordon* 1 year Federalist elected to the Council of Appointment
Ebenezer Clark* 2 years Federalist
Anthony Ten Eyck* 2 years Federalist
Jacobus Van Schoonhoven* 2 years Federalist
Abraham Van Vechten* 2 years Federalist also Recorder of the City of Albany
Leonard Gansevoort* 3 years Federalist
John Sanders* 3 years Federalist
Zina Hitchcock* 4 years Federalist
Ebenezer Russell* 4 years Federalist
Moses Vail* 4 years Federalist
Western Jacob Morris* 1 year Federalist
Jedediah Sanger* 1 year Federalist also First Judge of the Oneida County Court
Thomas Morris* 2 years Federalist elected in April 1800 to the 7th United States Congress
Michael Myers* 2 years Federalist
Seth Phelps* 2 years Federalist
William Beekman* 3 years Federalist
John Frey* 3 years Federalist
Frederick Gettman* 3 years Federalist
Thomas R. Gold* 3 years Federalist also Assistant Attorney General (7th D.);
elected to the Council of Appointment
Vincent Mathews* 4 years Federalist
Moss Kent 4 years Federalist

Employees

  • Clerk: Abraham B. Bancker

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.

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

County Assemblymen Party Notes
Albany James Bill*
Philip Conine Jr.
Johann Jost Dietz* Federalist
Prince Doty* Federalist
John Vernon Henry Federalist from March 12, 1800, also New York State Comptroller
Francis Nicoll Federalist
Joseph Shurtleff* Federalist
Dirck Ten Broeck* Federalist re-elected Speaker
Jacob Winne
Cayuga Silas Halsey Dem.-Rep. previously a member from Onondaga Co.
Chenango Peter B. Garnsey
Nathaniel King*
Clinton and
Essex
William Gilliland
Columbia Ezekiel Gilbert Federalist
Robert T. Livingston Federalist
Charles McKinstry* Federalist
John Noyes Federalist
Anson Pratt Federalist
Jacob R. Van Rensselaer Federalist
Delaware Patrick Lamb
Sluman Wattles
Dutchess Abraham Adriance* Dem.-Rep.
William Barker Dem.-Rep.
William Emott Dem.-Rep./Fed.
Joseph C. Field Dem.-Rep.
Robert Johnston* Dem.-Rep.
Ebenezer Mott* Dem.-Rep./Fed.
Isaac Sherwood Dem.-Rep.
William Taber* Dem.-Rep.
Samuel Towner Dem.-Rep.
John Van Benthuysen* Dem.-Rep.
Herkimer Thomas Manly Federalist
John Mills Federalist
John Meyer Federalist
Kings Jacob Sharpe Jr.
Montgomery John Herkimer Dem.-Rep.
Cornelius Humfrey Dem.-Rep.
Archibald McIntyre* Dem.-Rep.
Frederick Sammons
Jacob Snell* Dem.-Rep.
Simon Veeder* Dem.-Rep.
New York John Bogert Federalist
Nicholas Evertson Federalist
John Oothout Federalist
Anthony Post Federalist
Caleb S. Riggs Federalist
Robert Rutgers Federalist
Jacob Sherred Federalist
Anthony Steenback Federalist
Ebenezer Stevens Federalist
Samuel Stillwell Federalist
Bernardus Swartwout Jr. Federalist
William B. Woolsey Federalist
vacant
Oneida John Hall
David Ostrom* Federalist
Nathan Smith
Onondaga Ebenezer Butler Jr.
Ontario and
Steuben
Nathaniel Norton
Charles Williamson*
Orange John Blake Jr.* Dem.-Rep.
Robert R. Burnet
James Burt* Dem.-Rep.
Andrew McCord Dem.-Rep.
Seth Marvin
Otsego Jedediah Peck* Dem.-Rep.
Robert Roseboom Dem.-Rep.
Jacob Ten Broeck
Rensselaer Williams
Queens Isaac Denton Dem.-Rep.
Jonah Hallett Dem.-Rep.
Abraham Monfoort Dem.-Rep.
John I. Skidmore* Dem.-Rep.
Rensselaer Jacob A. Fort* Federalist
Daniel Gray* Federalist
James McKown Federalist
Josiah Masters Dem.-Rep.
John W. Schermerhorn*
George Tibbits Federalist
Richmond John P. Ryerss
Rockland Samuel G. Verbryck
Saratoga Daniel Bull
Samuel Clark*
Adam Comstock* Dem.-Rep.
James Warren*
Edward A. Watrous
Schoharie Storm A. Becker Federalist
Suffolk Nicoll Floyd* Dem.-Rep.
Jared Landon* Dem.-Rep.
John Smith* Dem.-Rep. elected in December 1799 to the 6th United States Congress and
took his seat on February 27, 1800, vacating his seat in the Assembly
Silas Wood Federalist
Tioga Samuel Tinkham Federalist
Ulster Charles W. Broadhead
Johannes Bruyn
Moses Cantine
John C. DeWitt
Martin G. Schuneman* Dem.-Rep.
Washington Benjamin Colvin
Micajah Pettit
Isaac Sargent Dem.-Rep.
Edward Savage* Dem.-Rep.
David Thomas Dem.-Rep. elected in April 1800 to the 7th United States Congress
John Thurman Federalist
Westchester George Comb
Abijah Gilbert Dem.-Rep.
Nathan Rockwell Federalist
Abel Smith* Dem.-Rep.
Charles Teed* Federalist

Employees

  • Clerk: James Van Ingen
  • Sergeant-at-Arms: Ephraim Hunt
  • Doorkeeper: Peter Hansen

Notes

  1. ^ 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.
  2. ^ 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. 1, H. & E. Phinney, Cooperstown, 1846; page 133)
  3. ^ The choice of presidential electors by popular ballot in single districts was eventually enacted in 1825, but happened only once, at the 1828 United States presidential election. In 1829, the mode was changed to popular ballot on general ticket.
  4. ^ Original owner of Robert Sands Estate in Rhinebeck, Dutchess Co.
  5. ^ The exact date is unclear, but it was early enough to fill the vacancy at the State election in April 1800

Sources

This page was last edited on 15 June 2019, at 02:58
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