49th New York State Legislature explained

Number:49th
Imagename:The Old State Capitol
Imagedate:1879
Start:January 1
End:December 31, 1826
Vp:Lt. Gov. James Tallmadge, Jr.
Speaker:Samuel Young (Buckt.)
Senators:32
Reps:128
H-Majority:Bucktail (66-55)
Sessionnumber1:1st
Sessionstart1:January 3
Sessionend1:April 18, 1826
Previous:48th
Next:50th

The 49th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 3 to April 18, 1826, during the second year of DeWitt Clinton's second tenure as Governor of New York, in Albany.

Background

Under the provisions of the New York Constitution of 1821, 32 Senators were elected on general tickets in eight 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 1824, Orleans County was split from Genesee County, and was apportioned 1 seat in the Assembly, taken from Genesee.

After the controversy about the presidential succession had come to an end with the election of John Quincy Adams, the factions of the Democratic-Republican Party[1] re-aligned into "Bucktails" (led by U.S. Senator Martin Van Buren) and "Clintonians" (supporters of Gov. DeWitt Clinton).

Elections

The State election was held from November 7 to 9, 1825. Peter R. Livingston (2nd D.), John L. Viele (4th D.), Charles Stebbins (5th D.), Peter Hager 2d (6th D.), Truman Hart (7th D.), Ethan B. Allen (8th D.); and Assemblymen Joshua Smith (1st D.) and Ambrose L. Jordan (3rd D.) were elected to the Senate. Smith, Livingston, Stebbins and Hager were Bucktails, the other four were Clintonians.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 3, 1826, and adjourned on April 18.

Samuel Young (Buckt.) was elected Speaker with 65 votes against 54 for Ex-Mayor of New York City Stephen Allen who was a Bucktail but received the votes of the Clintonians. Edward Livingston was again elected Clerk of the Assembly with a vote of 66 to 55.

On January 3, State Senator Jasper Ward stated in the Senate that, during the recess of the Legislature, he had been falsely accused in the press of corrupt proceedings to get two bills passed during the previous session, and demanded an official investigation. The issue was referred to a Select Senate Committee.

On January 14, the Legislature elected Chancellor Nathan Sanford to the seat in the U.S. Senate which had been vacant since Rufus King's term expired on March 4, 1825.

On February 14, the Legislature re-elected State Comptroller William L. Marcy, Attorney General Samuel A. Talcott and Surveyor General Simeon De Witt; and elected Azariah C. Flagg to succeed John Van Ness Yates as Secretary of State; and Abraham Keyser, Jr. to succeed Gamaliel H. Barstow (Clint.) as New York State Treasurer. De Witt was a Clintonian, the other four elected officers were Bucktails.

On February 25, Silas Wright, Jr. submitted the Select Committee's report and offered a resolution that Jasper Ward be expelled from the Senate for corruption. Before the resolution was put to a vote, on March 1, Jasper Ward resigned his seat, and no further action was taken by the Senate.

On March 29, the State Road Commissioners, Jabez D. Hammond, Nathaniel Pitcher and George Morell, submitted their report on the project to build a road through the Southern Tier. Two routes were proposed: the "Northern Route" from Lake Erie via Bath, Ithaca, Unadilla, Delhi and Madison to Athens or Catskill; and the "Southern Route" from Lake Erie via Bath, Painted Post, New Town, Binghamton, Delaware Co., Sullivan Co. and Orange Co. to Nyack. The project was rejected by a vote of 48 to 50, and no State Road was built.

On April 18, the Legislature amended the senatorial district apportionment: Delaware Co. was transferred from the 6th to the 2nd District; and Steuben Co. was transferred from the 8th to the 6th District.

At this session, it was enacted that Justices of the Peace should henceforth be elected townwide by popular ballot, instead of being appointed.

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. Joshua Smith and Ambrose L. Jordan changed from the Assembly to the Senate.

DistrictSenatorsTerm leftPartyNotes
FirstJasper Ward1 yearDem.-Rep./Bucktailresigned on March 1, 1826
David Gardiner2 years
Cadwallader D. Colden3 yearsClintonian
Joshua Smith4 yearsDem.-Rep./Bucktail[2]
SecondJames Burt1 year
William Nelson2 years
Wells Lake3 yearsDem.-Rep./Bucktail
Peter R. Livingston4 yearsDem.-Rep./Bucktail
ThirdJames Mallory1 yearDem.-Rep./Bucktail
Jacob Haight2 years
Richard McMichael3 yearsClintonian
Ambrose L. Jordan4 yearsClintonianalso Recorder of the City of Hudson
FourthArchibald McIntyre1 yearClintonian
Silas Wright, Jr.2 yearsDem.-Rep./Bucktailin November 1826, elected to the 20th U. S. Congress
John Crary3 yearsClintonian
John L. Viele4 yearsClintonian
FifthSherman Wooster1 yearDem.-Rep./Bucktail
Perley Keyes2 yearsDem.-Rep./Bucktail
George Brayton3 yearsClintonianresigned on April 18, 1826
Charles Stebbins4 yearsDem.-Rep./Bucktail
SixthIsaac Ogden1 year
Latham A. Burrows2 years
Stukely Ellsworth3 yearsDem.-Rep./Bucktail
Peter Hager 2d4 yearsDem.-Rep./Bucktail
SeventhJonas Earll, Jr.1 yearDem.-Rep./Bucktailin November 1826, elected to the 20th U. S. Congress
Jedediah Morgan2 yearsClintonianresigned his seat due to ill health,
and died December 10, 1826
John C. Spencer3 yearsClintonian
Truman Hart4 yearsClintonian
EighthJohn Bowman1 yearDem.-Rep./Bucktail
James McCall2 yearsDem.-Rep./Bucktail
Samuel Wilkeson3 yearsClintonian
Ethan B. Allen4 yearsClintonian

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. Tilly Lynde changed from the Senate to the Assembly.

DistrictAssemblymenPartyNotes
AlbanySamuel S. LushClintonian
Andrew Ten Eyck
Malachi Whipple
AlleganyGeorge Williams
BroomePeter Robinson
CattaraugusJames McGlashan
CayugaEleazer Burnham
Aaron Dennis
Thatcher I. Ferris
Campbell Waldo
ChautauquaElial T. Foote
ChenangoJohn C. Clarkcontested by Tilly Lynde* who was seated on January 6[3]
Robert Monell
John Tracyalso First Judge of the Chenango County Court
ClintonJosiah Fisk
ColumbiaJonathan Hill
Adam I. Strevel
Aaron VanderpoelClintonian
CortlandAugustus Donnelly
John Lynde
DelawareErastus RootDem.-Rep./Bucktail
William Townsend
DutchessIsaac R. Adriance
Daniel D. Akin
Martin Lawrence
Thomas Taber IIcontested by John Fowks Jr. who was seated on January 10[4]
ErieReuben B. Babcock
EssexWilliam Smith
FranklinAsa Hascall
GeneseeJosiah Churchill
David Scott
Phinehas Stanton
GreeneAddison Porter
Williams Seaman
Augustus Diefendorff
John French
Alexander SheldonClintoniancontested by Matthias J. Bovee (D-R/B) who was seated on January 24[5]
Abraham A. Van Horne
HerkimerJonas Cleland
Nicholas Schuyler Jr.
Edmund Varney
JeffersonDavid W. BucklinDem.-Rep./Bucktail
Horatio Orvis
Daniel WardwellDem.-Rep./Bucktail
KingsWilliam Furman
LewisAmos Miller
LivingstonJames FaulknerClintonian
William H. Spencerpreviously a member from Ontario Co.
Thomas Dibble
Nehemiah Huntington
Jacob Ten Eyckpreviously a member from Albany Co. ?
MonroeHenry Fellows
Isaac Lacey
Vincent Mathewspreviously a member from Ontario Co.
New YorkStephen AllenDem.-Rep./Bucktail
Philip BrasherDem.-Rep./Bucktail
Francis CooperDem.-Rep./Bucktail
Maltby GelstonDem.-Rep./Bucktail
James HallDem.-Rep./Bucktail
Elisha W. KingClintonian
Isaac MinardDem.-Rep./Bucktail
Jonathan E. RobinsonDem.-Rep./Bucktail
Alpheus ShermanDem.-Rep./Bucktail
William A. ThompsonDem.-Rep./Bucktail
NiagaraWilliam King
OneidaAaron Barnes
Russell Clark
Laurens Hull
Theodore SillClintonian
Israel Stoddard
Chauncey Betts
John G. Forbes
Freeborn G. Jewettalso Surrogate of Onondaga Co.
David Willard
Claudius V. BoughtonClintonian
Francis GrangerClintonian
Gideon Pitts
Ogden Hoffman
Hudson McFarlan
Abraham Shultz
Benjamin Woodward
OrleansLathrop A. G. B. Grant[6]
OswegoHenry Williams
OtsegoLevi BeardsleyDem.-Rep./Bucktail
William Fitch
Isaac Hayes
David Tripp
PutnamHenry B. CowlesDem.-Rep./Bucktail
QueensWilliam Jones
Thomas Tredwell
RensselaerRobert Collins
Augustus Filley
John F. Groesbeck
William Pierce
Richmondvacant"no election"
RocklandAbraham Gurneecontested by Edward Suffern who was seated on January 27[7]
St. LawrenceBaron S. DotyDem.-Rep./Bucktail
SaratogaDavid Benedict
Thomas Dibble
Samuel YoungDem.-Rep./Bucktailelected Speaker;
also an Erie Canal Commissioner
SchenectadyRobert Sanders
SchoharieRobert Eldredge
Martinus Mattice
SenecaBenjamin Hendricks
Daniel Scott
SteubenDaniel Cruger
Grattan H. Wheeler
SuffolkUsher H. Moore
John M. Williamson
SullivanThomas Crary
TiogaIsaac Baldwin
Anson Camp
TompkinsNathan Benson
David WoodcockDem.-Rep./Bucktailin November 1826, elected to the 20th U. S. Congress
UlsterCharles Bryan
James T. Elmore
John Lounsbery
WarrenNorman Fox
WashingtonHiram Cole
James Stevenson
Israel Williams
David Woods
WayneAmbrose Hall
John L. Kip
WestchesterJoseph ScofieldDem.-Rep./Bucktail
John H. Smith
James Wiley
YatesAvery Smith

Employees

Notes

  1. Originally, 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. Hammond says erroneously that he was a Clintonian, but see the tickets at Chants Democratic: New York City and the Rise of the American Working Class 1788-1850 by Sean Wilentz (Oxford University Press, 1984; page 72)
  3. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 51ff)
  4. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 62f)
  5. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 53–58)
  6. Lathrop Augustus George Baldwin Grant (1797-1871), merchant, of Shelby
  7. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 59–62)

Sources

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