70th New York State Legislature explained

Number:70th
Imagename:The Old State Capitol
Imagedate:1879
Start:January 1
End:December 31, 1847
Vp:Lt. Gov. Addison Gardiner (D), until July 4
Pro Tem:Albert Lester (D), from February 12
Speaker:William C. Hasbrouck (W)
Senators:32
Reps:128
S-Majority:Democratic (21-10-1)
H-Majority:Whig (72-56)[1]
Sessionnumber1:1st
Sessionstart1:January 5
Sessionend1:May 13, 1847
Sessionnumber2:2nd
Sessionstart2:September 8
Sessionend2:December 15, 1847
Previous:69th
Next:71st

The 70th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to December 15, 1847, during the first year of John Young's governorship, 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.

On May 13, 1845, an "Act recommending a Convention of the people of this State" was passed, submitting at the next State election to the people the question whether they wanted to call a convention to amend the State Constitution. At the State election in November 1845, the question was answered in the affirmative. The Constitutional convention met from June 1 to October 9, 1846. The amended Constitution abolished rotative renewal of the Senate, required all legislators to be elected in single districts, made the State cabinet offices elective by popular ballot, and made major changes in the judicial system. The new Constitution was submitted to the electorate at the next State election for ratification.

On March 30, 1846, the Legislature re-apportioned the Assembly districts: Chautauqua, Chenango, Columbia, Cortland, Madison, Ontario and Wyoming counties lost one seat each; Albany, Erie, Kings and St. Lawrence counties gained one seat each; and New York City gained three seats. The total number of assemblymen remained 128.[2]

On May 13, 1846, the Legislature re-apportioned the Senate districts: Kings County was transferred from the 1st to the 2nd District; Ulster County from the 2nd to the 3rd District; and Schenectady County from the 3rd to the 4th District.[3]

At this time there were two major political parties: the Democratic Party and the Whig Party. The Democratic Party was split into two factions: the "Barnburners" and the "Hunkers." The radical abolitionists appeared as the Liberty Party. The Anti-Rent Party nominated some candidates, but mostly cross-endorsed Whigs or Democrats, according to their opinion on the rent issue.

The Whig state convention met on September 23 at Utica, and nominated Assemblyman John Young for Governor; and Hamilton Fish for Lieutenant Governor.

The Democratic state convention met on October 1 at Syracuse, and nominated Gov. Silas Wright and Lt. Gov. Addison Gardner for re-election.

The Anti-Rent state convention met in October at Beardsley's Hotel in Albany, and endorsed John Young (W) for Governor; and Lt. Gov. Addison Gardiner (D) for re-election.

The Native American state convention nominated Ogden Edwards for Governor; and State Senator George Folsom for Lieutenant Governor.

The Liberty state convention nominated Henry Bradley for Governor and William L. Chaplin for Lieutenant Governor.

Elections

The New York state election, 1846 was held on November 3. John Young (W) was elected Governor; and Lt. Gov. Addison Gardiner (D) was re-elected. The new Constitution was adopted by a large majority, with 221,528 votes for and 92, 436 against it.

Harvey R. Morris (2nd D.), Thomas Crook (4th D.), Samuel H. P. Hall (6th D.), Abraham Gridley (7th D.), Francis H. Ruggles (8th D.); and assemblymen John Townsend (1st D.), Ira Harris (3rd D.) and Nelson J. Beach (5th D.) were elected to the State Senate.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 5, 1847; and adjourned on May 13.

William C. Hasbrouck (W) was elected Speaker with 71 votes against 50 for J. Lawrence Smith (D).

On February 12, Albert Lester (D) was elected president pro tempore of the State Senate, to preside during the absence of Lt. Gov. Gardiner.

On June 7, the New York special judicial election, 1847, was held to fill the judicial offices elective under the new State Constitution, for example the judges of the New York Court of Appeals, the justices of the district benches of the New York Supreme Court, county judges, surrogates, district attorneys etc. Lt. Gov. Gardiner was elected to the Court of Appeals. State Senators Ira Harris and Augustus C. Hand; and Assemblyman William B. Wright were elected to the Supreme Court.

On July 5, Lt. Gov. Gardiner took office on the Court of Appeals, and President pro tempore Albert Lester became Acting Lieutenant Governor.

The Legislature met for a special session on September 8, 1847; and adjourned on December 15.

On September 27, the Legislative passed "An Act to provide for the election of a Lieutenant Governor", to fill the vacancy at the next State election.

On November 15, the Legislature elected Thomas Clowes (W) as a Canal Commissioner, to fill the vacancy caused by the resignation of Nathaniel Jones (D).[4]

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. John Townsend, Ira Harris and Nelson J. Beach changed from the Assembly to the Senate.

Under the provisions of the new State Constitution, all senators were legislated out of office at the end of the year 1847, and all 32 seats were to be filled at the election in November 1847 with senators elected to a two-year term in single districts.

DistrictSenatorsTerm leftPartyNotes
FirstDavid R. Floyd-Jones1 yearDemocrat/Hunker
George Folsom2 yearsNative American
Edward Sanford3 yearsDemocrat
John Townsend4 yearsDemocrat
SecondJoshua B. Smith1 yearDemocrat
Robert Denniston2 yearsDemocrat
Saxton Smith3 yearsDemocrat
Harvey R. Morris4 yearsDemocrat
ThirdStephen C. Johnson1 yearDemocrat/Barnburner
John P. Beekman2 yearsDemocrat
William H. Van Schoonhoven3 yearsWhig/Anti-Rent
Ira Harris4 yearsWhig/Anti-Rentresigned his seat during the recess, after
election to the New York Supreme Court
FourthOrville Clark1 yearDemocrat/Hunker
Augustus C. Hand2 yearsDemocratresigned his seat during the recess, after
election to the New York Supreme Court
Samuel Young3 yearsDemocrat/Barnburner
Thomas Crook4 yearsDemocrat
FifthThomas Barlow1 yearDemocrat/Barnburneruntil July 4, 1847, also First Judge of the Madison County Court
Enoch B. Talcott2 yearsDemocrat/Barnburner
Joshua A. Spencer3 yearsWhig
Nelson J. Beach4 yearsWhigon November 2, 1847, elected a Canal Commissioner
SixthClark Burnham1 yearDemocrat
George D. Beers2 yearsDemocrat
Thomas J. Wheeler3 yearsDemocrat
Samuel H. P. Hall4 yearsWhig
SeventhAlbert Lester1 yearDemocraton February 12, 1847, elected president pro tempore:
from July 5, 1847, Acting Lieutenant Governor
Henry J. Sedgwick2 yearsDemocrat/Barnburner
Richard H. Williams3 yearsDemocrat
Abraham Gridley4 yearsWhig
EighthFrederick F. Backus1 yearWhig
Carlos Emmons2 yearsWhig
Gideon Hard3 yearsWhig
Francis H. Ruggles4 yearsWhig

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.

Party affiliations follow the vote on Clerk, except Keyser and Walsh (both NYC).[5]

DistrictAssemblymenPartyNotes
AlbanyJohn FullerDemocrat
John I. GallupDemocrat
Valentine TreadwellWhig
Robert D. WatsonDemocrat/Anti-Rent
AlleganyGrover LeavensWhig
Samuel RussellWhig
BroomeOliver C. CrockerDemocrat
CattaraugusRufus CrowleyWhig
Joseph E. WeedenWhig
CayugaSamuel BellWhig
William J. CornwellWhig
John T. RathbunWhig
ChautauquaMadison BurnellWhig
Charles J. OrtonWhig
ChemungWilliam MaxwellDemocratpreviously a member from Tioga Co.
ChenangoRansom BalcomWhig
David McWhorterWhig
ClintonRufus HeatonDemocrat
ColumbiaJohn S. GouldWhig
William M. MillerDemocrat
CortlandTimothy GreenWhig
DelawareJonathan C. AllabenDemocrat
Donald ShawWhig
DutchessEpenetus CrosbyWhig
Walter ShermanWhig
Aves I. VanderbiltWhig
ErieObadiah J. GreenWhig
John D. HoweWhig
Horatio ShumwayWhig
William H. PrattWhig
EssexWilliam H. ButrickWhig
FranklinJoseph R. FlandersDemocrat
Fulton and HamiltonDarius MooreWhig
GeneseeHeman BlodgettWhig
Alonzo S. UphamWhig
GreeneWilliam V. B. AdamsWhig
Almeron MarksDemocrat
HerkimerAbijah BeckwithDemocrat
Jefferson TillinghastDemocrat
JeffersonJohn BoydenDemocrat
Samuel J. DavisDemocrat
John D. DavisonDemocrat
KingsJohn A. EmmonsDemocrat
Ebenezer W. PeckWhig
Abraham D. SoperDemocrat
LewisThomas BakerDemocrat
LivingstonWilliam S. FullertonWhig
Andrew SillWhig
George T. Taylor (politician)Whig
Peter Van ValkenburghWhig
MonroeWilliam C. BlossWhig
John McGonegalWhig
John B. SmithWhig
Gamaliel BowdishWhig
Andrew S. GrayWhig
New YorkAlexander M. AllingDemocrat
Charles BaxterDemocratresigned on January 12, 1847, to fight in the Mexican–American War
John H. BowieDemocrat
Lyman CandeeDemocrat
Edward R. CarpentierDemocrat
David J. ChatfieldDemocrat
John E. DevelinDemocrat
Dennis GarrisonDemocrat
Henry KeyserDemocrat
James C. RutherfordDemocrat
Daniel E. SicklesDemocrat
Wilson SmallDemocrat
Norman B. SmithDemocrat
Alexander StewartDemocrat
Michael WalshDemocrat
Uzziah WenmanWhig/Nat. Am.
NiagaraBenjamin CarpenterWhig
Christopher H. SkeeleWhig
OneidaNathan BurchardWhig
Abel E. ChandlerDemocrat
Isaac CurryWhig
John DeanDemocrat
William HendersonDemocrat
John LakinDemocrat
Manoah PrattDemocrat
Joseph PrindleWhig
Emery B. PottleWhig
Ezra PierceWhig
Joseph DavisDemocrat
William C. HasbrouckWhigelected Speaker
Hudson McFarlinWhig
OrleansAbner HubbardWhig
OswegoOren R. EarlWhig
M. Lindley LeeWhig
OtsegoCyrus BrownDemocrat
Francis U. FennoDemocrat
William TempleDemocrat
PutnamBenjamin B. BenedictDemocrat
QueensWessell S. SmithWhig
RensselaerJoseph GregoryWhig
Amos K. HadleyWhig
David S. McNamaraWhig
RichmondGeorge H. ColeDemocrat
RocklandJohn A. HaringDemocrat
St. LawrencePhineas AtwaterDemocrat
Henry BarberDemocrat
Bishop PerkinsDemocrat
SaratogaJoseph DanielsWhig
Thomas C. MorganWhig
SchenectadyDavid CawWhig
SchoharieElisha HammondDemocrat
Thomas SmithWhig/Anti-Rent
SenecaAnsel BascomWhig
SteubenHiram ChapmanDemocrat
William DivenWhig
William HunterDemocrat
SuffolkHenry LandonDemocrat
J. Lawrence SmithDemocrat
SullivanWilliam B. WrightWhigresigned his seat during the recess, after
election to the New York Supreme Court
TiogaCharles R. BarstowWhig
TompkinsSamuel LawrenceWhig
Henry W. SageWhig
UlsterJacob H. De WittWhig
John D. L. MontanyeWhigunsuccessfully contested by Isaac L. Hasbrouck (D)[6]
WarrenJohn Hodgson 2dDemocrat
WashingtonAdolphus F. HitchcockWhig
Samuel McDoualWhig
WayneSamuel MooreWhig
Israel R. SouthardWhig
WestchesterJames E. BeersWhigunsuccessfully contested by John R. Hayward (D)[7]
Ezra MarshallDemocrat
WyomingArden WoodruffWhig
YatesNehemiah RapleeDemocrat

Employees

Notes

  1. Hammond says that this Assembly had 68 Whigs, 50 Democrats and 10 Anti-Renters. The vote on State officers indicates a division of 72 to 56, the "Anti-Renters" being aligned 4 to 6 with the two major parties.
  2. https://books.google.com/books?id=yASxAAAAIAAJ&pg=PA48 Laws of New York
  3. https://books.google.com/books?id=yASxAAAAIAAJ&pg=PA468 Laws of New York
  4. see Journal of the Assembly (70th Session) (1847; VOL. II, pg 1836f)
  5. see Journal of the Assembly (70th Session) (1847; Vol. I);
    and tickets in New York Co. in Miscellaneous Documents printed by order of the House of Representatives (1848; pg. 43ff)
  6. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 182–206)
  7. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 180ff)

Sources