40th New York State Legislature

Assemblymen were elected countywide on general tickets to a one-year term, the whole Assembly being renewed annually.

When taking their seats at the next session in January 1816, in three districts there was a number of senators differing from the apportionment, which was corrected at the election in 1816.

On November 8, the Legislature chose 29 electors, all Democratic-Republicans: Henry Rutgers, Lemuel Chipman, John W. Seaman, Jacob Drake, James Fairlie, Theodorus W. Van Wyck, Joseph D. Monell, John Blake Jr., Jacob Wertz, Gabriel North, Charles E. Dudley, Benjamin Smith, Samuel Lewis, Alexander McNish, Artemus Aldrich, Augustus Wright, Peter S. Van Orden, Henry Becker, Aaron Haring, Israel W. Clark, Daniel Root, Montgomery Hunt, Nicoll Fosdick, Eliphalet Edmonds, George Pettit, Richard Townley, Samuel Lawrence, Nathaniel Rochester and Worthy L. Churchill.

Tompkins sent a message to the legislature, "recommending the entire abolition of slavery in the state of New-York, to take place on the 4th of July, 1827," which was passed into law during this session.

[3] On February 12, the legislature elected Gerrit L. Dox (Dem.-Rep.) to succeed Charles Z. Platt (Fed.)

John Tayler became acting governor for the remainder of the legislative year, until June 30; and Philetus Swift (Dem.-Rep.) was elected president pro tempore of the state Senate.

On March 25, the first ever state convention met to nominate a candidate for Governor of New York.

This time, a Democratic-Republican convention composed of the state legislators, and delegates elected in the Federalist counties, nominated Canal Commissioner DeWitt Clinton for governor, and Acting Gov.