45th New York State Legislature explained

Number:45th
Imagename:The Old State Capitol
Imagedate:1879
Start:July 1, 1821
End:December 31, 1822[1]
Vp:Lt. Gov. John Tayler (Clint.)
Speaker:Samuel B. Romaine (Buckt.)
Senators:32
Reps:126
S-Majority:Split (16-16)
H-Majority:Bucktail (70-52)
Sessionnumber1:1st
Sessionstart1:January 2
Sessionend1:April 17, 1822
Previous:44th
Next:46th

The 45th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to April 17, 1822, during the fifth year of DeWitt Clinton's governorship, in Albany.

Background

Under the provisions of the New York Constitution of 1777, amended by the Constitutional Convention of 1801, 32 Senators were elected on general tickets in the four senatorial districts for four-year terms. They were divided into four classes, and every year eight 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 1818, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year unless called earlier by the governor.

State Senator Gideon Granger resigned in 1821, leaving a vacancy in the Western District.

On March 13, 1821, the 44th New York State Legislature passed a bill to submit the question, whether a Constitutional Convention should be called, to the voters at the next State election in April 1821.

In 1821, Erie County was split from Niagara County, but remained with Cattaraugus, Chautauqua and Niagara in one Assembly district. Livingston and Monroe counties were formed from parts of Genesee and Ontario counties, and were apportioned one seat each in the Assembly, taken from Ontario.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.[2] The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton) and the Bucktails (led by Martin Van Buren, and including the Tammany Hall organization in New York City). The Federalist Party was disbanding, the majority joined the Clintonians, a minority joined the Bucktails.

Elections

The State election was held from April 24 to 26, 1821. Abel Huntington (Southern D.), Abraham J. Hasbrouck (Middle D.), David C. Judson, Daniel Shipherd, John L. Viele (all three Eastern D.), Henry Seymour (Western D.); and Assemblymen Abraham Gurnee (Southern D.), Archibald McIntyre (Middle D.) and Samuel M. Hopkins (Western D.) were also elected to the Senate. Huntington, Gurnee and Seymour were Bucktails, the other six Clintonians.

At the same time, the question whether a Convention to amend the New York Constitution should be called, was answered in the affirmative by the voters, and delegates to the Constitutional Convention of 1821 were elected in June.

Sessions

The Constitutional Convention met from August 28 to November 10, 1821, and the new Constitution was adopted by the voters in January 1822.

The Legislature met at the Old State Capitol in Albany on January 1, 1822, and adjourned on April 17.

Samuel B. Romaine (Buckt.) was elected Speaker with 74 votes against 44 for George Huntington (Clint.). Edward Livingston (Buckt.) was elected Clerk of the Assembly with the same vote against Sandford Cobb (Clint.).

On April 12, the Legislature re-apportioned the Assembly districts. All multiple-county districts (except Hamilton and Montgomery)[3] were dismembered, and every county became a district. The total number of assemblymen was increased from 126 to 128.[4]

On April 17, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.[5]

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. Abraham Gurnee, Archibald McIntyre and Samuel M. Hopkins changed from the Assembly to the Senate.

Under the provisions of the new Constitution, all senators were legislated out of office at the end of 1822. The whole Senate was renewed at the State election in November 1822, the term of the new senators beginning on January 1, 1823.

DistrictSenatorsTerm leftPartyNotes
SouthernJohn Townsend1 yearDem.-Rep./Bucktailelected to the Council of Appointment
Peter R. Livingston2 yearsDem.-Rep./Bucktail
Walter Bowne3 yearsDem.-Rep./Bucktail
John Lefferts3 yearsDem.-Rep./Bucktailalso a delegate to the Constitutional Convention
Abraham Gurnee4 yearsDem.-Rep./Bucktail
Abel Huntington4 yearsDem.-Rep./Bucktail
MiddleMoses Austin1 yearDem.-Rep./Bucktail
William Ross1 yearDem.-Rep./Clintonian
Charles E. Dudley2 yearsDem.-Rep./Bucktailalso Mayor of Albany;
elected to the Council of Appointment
John T. More2 yearsDem.-Rep./Bucktail
William C. Bouck3 yearsDem.-Rep./Bucktailalso an Erie Canal Commissioner
Tilly Lynde3 yearsDem.-Rep./Bucktail
John J. Miller3 yearsDem.-Rep./Bucktail
Abraham J. Hasbrouck4 yearsDem.-Rep./Clintonian
Archibald McIntyre4 yearsDem.-Rep./Clintonian
EasternLevi Adams1 yearDem.-Rep./Clintonian
George Rosecrantz1 yearDem.-Rep./Clintonian
Thomas Frothingham2 yearsDem.-Rep./Clintonian
Duncan McMartin Jr.2 yearsDem.-Rep./Clintonian
Benjamin Mooers2 yearsDem.-Rep./Bucktailelected to the Council of Appointment
David C. Judson4 yearsDem.-Rep./Clintonian
Daniel Shipherd4 yearsDem.-Rep./Clintonian
4 yearsDem.-Rep./Clintonian
Western[6] Gamaliel H. Barstow1 yearDem.-Rep./Clintonianalso First Judge of the Tioga County Court
Perry G. Childs1 yearDem.-Rep./Bucktailelected to the Council of Appointment
David E. Evans1 yearDem.-Rep./Bucktail
Lyman Paine2 yearsDem.-Rep./Clintonian
Henry Seymour2 yearsDem.-Rep./Bucktailelected to fill vacancy, in place of Gideon Granger
Ephraim Hart3 yearsDem.-Rep./Clintonian
Oliver Forward3 yearsDem.-Rep./Clintonian
Elijah Miles3 yearsDem.-Rep./Clintonian
Samuel M. Hopkins4 yearsDem.-Rep./Clintonian

Employees

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.

DistrictAssemblymenPartyNotes
AlbanyJames McKownFed./Clintonian
William McKownFed./Clintonian
Volkert D. OothoudtFed./Clintonian
John P. ShearFed./Clintonian
Allegany
and Steuben		Amos Peabody
Grattan H. Wheeler
BroomeChauncey HydeDem.-Rep./Bucktail
Cattaraugus,
Chautauqua,
Erie and
Niagara		Thomas B. CampbellDem.-Rep./Clintonian
David EasonDem.-Rep./Bucktailcontested by Isaac Phelps who was seated on January 5, 1822[7]
CayugaSamuel Dill
Charles Kellogg
Ephraim Marsh
ChenangoWilliam MasonDem.-Rep./Clintonian
Edmond G. Per Lee
John TracyDem.-Rep./Bucktailalso Surrogate of Chenango Co.
Clinton and
Franklin		Abijah NorthDem.-Rep./Bucktail
ColumbiaPhilip P. Clum
Elisha Gilbert Jr.Fed./Clintonian
George T. Snyder
Augustus Tremain
CortlandDaniel Sherwood
DelawareBenjamin Benedict
Asa Grant
DutchessJohn Cox
Daniel Northrup
Philo RugglesClintonian
Benjamin Sherman
George Vanderburgh
EssexIsaac FinchDem.-Rep./Bucktail
GeneseeRobert Anderson
Benedict Brooks
Samuel McWhorter
GreeneJames PowersFed./Clintonian
Jacob RoggenFed./Clintonian
John W. CadyDem.-Rep./Clintonianin November 1822, elected to the 18th U.S. Congress
Nicholas Gros
James McIntyreDem.-Rep./Clintonian
Henry Valentine
Joshua Webster
HerkimerChristopher P. BellingerDem.-Rep./Bucktailcontested by Stephen Todd (F/C) who was seated in January 1822[8]
Simeon FordFed./Clintonianalso D.A. of Herkimer Co.
Robert ShoemakerFed./Clintonian
JeffersonGeorge AndrusDem.-Rep./Clintonian
John B. EsselstynDem.-Rep./Clintonian
KingsJeremiah LottFed./Clintonian
LewisChester Buck
LivingstonGeorge Smith
Pardon Barnard
Henry Clark Jr.
Justin DwinellDem.-Rep./Bucktail
MonroeNathaniel RochesterDem.-Rep./Bucktail
New YorkPhilip Brasher
George BuckmasterDem.-Rep./Bucktail
Clarkson CroliusDem.-Rep./Bucktail
Junius H. Hatch
Cornelius HeeneyDem.-Rep./Bucktail
Jeromus JohnsonDem.-Rep./Bucktail
John MorssDem.-Rep./Bucktail
Reuben Munson
Samuel B. RomaineDem.-Rep./Bucktailelected Speaker
Michael UlshoefferDem.-Rep./Bucktail
Gulian C. VerplanckDem.-Rep./Bucktail
Oneida and
Oswego		Greene C. BronsonClintonian
Samuel Chandler
George HuntingtonFed./Clintonian
Peter Pratt
Israel Stoddard
Josephus Barker
Silvester Gardner
James GeddesFed./Clintonian
David MunroDem.-Rep./Bucktail
Birdseye Brooks
Byram Green
Isaac Marsh
Aaron Remer
David White
James BurtDem.-Rep./Bucktail
Egbert Jansen
Joseph McLaughlin
Abraham Shultz
OtsegoJohn BlakeleyDem.-Rep./Bucktail
Calvin Brookins
George Fenno
Joseph Mumford
Artemas Sheldon
PutnamEdward Smith
QueensWilliam JonesFed./Clintonian
Timothy NostrandFed./Clintonian
Thomas TredwellFed./Clintonian
RensselaerDaniel GrayFed./Clintonian
James Jones
Harper Rogers
Levi Rumsey
Gardner Tracy
RichmondSamuel BartonDem.-Rep./Bucktail
RocklandCornelius Blauvelt
St. LawrenceWilliam H. Viningdid not take his seat, and died in 1822
SaratogaThomas Collamer
Conrad Cramer
John Gilchrist
John Prior
SchenectadyJohn F. D. VedderDem.-Rep./Bucktail
James WalkerDem.-Rep./Bucktail
SchoharieAbraham Keyser, Jr.Dem.-Rep./Bucktail
Freegift PatchinDem.-Rep./Bucktail
Harvey WatsonDem.-Rep./Clintonian
SenecaJames Dickson
John Maynardalso Seneca County Clerk
SuffolkHugh Halsey
Tredwell Scudder
John M. Williamson
Sullivan
and Ulster		John Brodhead Jr.Fed./Clintonian
Charles BruynFed./Clintonian
Jacob J. HasbrouckFed./Clintonian
William A. Stokes
TiogaJared Patchin
TompkinsSamuel Crittenden
Peter Hager 2dDem.-Rep./Bucktail
Warren and
Washington		John Baker
Duncan Cameron
Silas D. Kellogg
William McDonald
James Teft
WestchesterJoseph HuntDem.-Rep./Bucktail
Thomas SmithDem.-Rep./Bucktail
Enoch ThompsonDem.-Rep./Bucktail

Employees

Notes

  1. The new Constitution extended the term of the incumbent legislators by half a year until the end of 1822, but no session was held during the extension.
  2. 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.
  3. Hamilton Co. had been created in 1816, but was not properly organized until 1838.
  4. https://books.google.com/books?id=ZBuxAAAAIAAJ&pg=PA203 Laws of the State of New York
  5. https://books.google.com/books?id=ZBuxAAAAIAAJ&pg=PA267 Laws of the State of New York
  6. It remains unclear who (Hopkins or Seymour) was elected to the full term, and whom to fill the vacancy, since both were legislated out of office at the end of this session.
  7. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 47ff)
  8. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 45ff)

Sources

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "45th New York State Legislature".

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