91st New York State Legislature explained

Number:91st
Imagename:The Old State Capitol
Imagedate:1879
Start:January 1
End:December 31, 1868
Vp:Lt. Gov. Stewart L. Woodford (R)
Pro Tem:Charles J. Folger (R), from January 15
Speaker:William Hitchman (D)
Senators:32
Reps:128
S-Majority:Republican (17-15)
H-Majority:Democratic (74-54)
Sessionnumber1:1st
Sessionstart1:January 7
Sessionend1:May 6, 1868
Previous:90th
Next:92nd

The 91st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to May 6, 1868, during the fourth year of Reuben E. Fenton's governorship, in Albany.

Background

Under the provisions of the New York Constitution of 1846, 32 Senators and 128 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term. The senatorial districts were made up of entire counties, except New York County (five districts) and Kings County (two districts). The Assembly districts were made up of entire towns, or city wards,[1] forming a contiguous area, all within the same county.

On April 25, 1866, the Legislature re-apportioned the Senate districts. The new apportionment was first used at the election of 1867.[2]

According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a Constitutional Convention to be held, which was answered at the New York state election, 1866, in the affirmative. On April 23, 1867, the delegates to the Constitutional Convention were elected, resulting in a Republican majority. On June 4, the Constitutional Convention met at Albany; adjourned on September 23; and met again on November 12.

At this time, there were two major political parties: the Republican and the Democratic.

Elections

The 1867 New York state election was held on November 5. All eight statewide elective offices up for election were carried by the Democrats. The approximate party strength at this election, as expressed by the vote for secretary of state, was: Democrats 373,000 and Republicans 325,000.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1868; and adjourned on May 6. At the same time, the Constitutional Convention continued in session.

William Hitchman (D) was elected speaker.

On January 15, Charles J. Folger (R) was re-elected president pro tempore of the State Senate.

On February 12, the Legislature elected Matthew T. Brennan (D) to take office on March 1 as a Metropolitan Police Commissioner, for a term of eight years.[3]

On February 28, the Constitutional Convention adjourned sine die. How to put the proposed amendments before the electorate was then debated throughout this and the next Legislature, and all amendments, except the re-organization of the judicial system, were eventually rejected by the voters at the New York state election, 1869.

On March 31, the trial of Canal Commissioner Robert C. Dorn (R) opened before the New York Court for the Trial of Impeachments, consisting of the State Senate and the judges of the New York Court of Appeals. Assemblymen William S. Clark, John L. Flagg, John C. Jacobs, John F. Little, William Lounsbery, Alpheus Prince, William B. Quinn (all seven Dem.), Nicholas B. La Bau and Edmund L. Pitts (both Rep.) appeared as the Managers to prosecute the impeachment. Smith M. Weed (D) appeared as counsel for the managers. Henry Smith (R) and John H. Reynolds appeared for the defense.

On April 7, the Legislature elected Abram B. Weaver (D) to succeed Victor M. Rice (R) as superintendent of public instruction for a term of three years.

On April 9, Assemblyman Elijah M. K. Glenn (R) accused Assemblyman Alexander Frear to have offered him on March 27 a bribe of $500.

On April 10, a select committee appointed to investigate concluded that "the evidence does not furnish any justification for the charges made by Mr. Glenn against Mr. Frear." Thereupon a resolution was passed to censure Glenn.[4]

On April 11, Glenn resigned his seat.

On June 12, the impeachment trial ended with the acquittal of Dorn on all articles.

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. Thomas J. Creamer and Henry W. Genet changed from the Assembly to the Senate.

Party affiliations follow the vote for Senate officers.

DistrictSenatorPartyNotes
1stLewis A. EdwardsDemocrat
2ndJames F. PierceDemocrat
3rdHenry C. MurphyDemocratre-elected; also a delegate to the Constitutional Convention
4thWilliam M. TweedDemocrat
5thMichael NortonDemocratalso an alderman of New York City
6thThomas J. CreamerDemocrat
7thJohn J. BradleyDemocrat
8thHenry W. GenetDemocrat
9thWilliam CauldwellDemocrat
10thWilliam M. GrahamDemocrat
11thAbiah W. PalmerRepublican
12thFrancis S. ThayerRepublican
13thA. Bleecker BanksDemocrat
14thGeorge BeachDemocrat
15thCharles StanfordRepublicanre-elected
16thMatthew HaleRepublicanalso a delegate to the Constitutional Convention
17thAbraham X. ParkerRepublican
18thJohn O'DonnellRepublicanre-elected
19thSamuel CampbellRepublicanre-elected
20thJohn B. Van PettenRepublican
21stAbner C. MattoonRepublican
22ndGeorge N. KennedyRepublican
23rdJohn F. Hubbard Jr.Democrat
24thOrlow W. ChapmanRepublican
25thStephen K. WilliamsRepublicanre-elected
26thCharles J. FolgerRepublicanre-elected; also a delegate to the Constitutional Convention;
on January 15, elected president pro tempore
27thJohn I. NicksRepublicanre-elected
28thLewis H. MorganRepublican
29thRichard CrowleyRepublicanre-elected
30thWolcott J. HumphreyRepublicanre-elected
31stAsher P. NicholsDemocrat
32ndLorenzo MorrisDemocrat

Employees

State Assembly

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature. Nicholas B. La Bau changed from the Senate to the Assembly.

Party affiliations follow the listing in the Life Sketches.

DistrictAssemblymenPartyNotes
Albany1stJohn C. ChismDemocrat
2ndFrancis H. WoodsDemocrat
3rdJackson A. SumnerDemocrat
4thTheodore Van VolkenburghDemocrat
AlleganySilas RichardsonRepublican
BroomeChauncey C. BennettRepublican
Cattaraugus1stJonas K. ButtonDemocrat
2ndE. Curtis TopliffRepublican
Cayuga1stCharles H. WeedRepublican
2ndSanford GiffordRepublican
Chautauqua1stMatthew P. BemusRepublican
2ndWinfield S. CameronRepublican
ChemungEdmund MillerDemocrat
ChenangoFrederick JuliandRepublican
ClintonWilliam F. CookRepublican
Columbia1stHarper W. RogersDemocrat
2ndStephen H. WendoverRepublican
CortlandRaymond P. BabcockRepublican
Delaware1stAlbert E. SullardRepublican
2ndEdward I. BurhansDemocrat
Dutchess1stAugustus A. BrushRepublican
2ndAlfred T. AckertDemocrat
Erie1stGeorge J. BamlerDemocrat
2ndRichard FlachDemocrat
3rdLewis P. DaytonDemocrat
4thAlpheus PrinceDemocratalso a manager at the impeachment trial
5thJames RiderRepublican
EssexSamuel RootRepublican
FranklinEdmund F. SargentRepublican
Fulton and HamiltonSamuel W. BuelDemocrat
GeneseeHenry F. TarboxRepublican
GreeneJames LoughranDemocrat
HerkimerElisha W. StannardRepublican
Jefferson1stLaFayette J. BigelowRepublican
2ndAndrew CornwallDemocrat
Kings1stPatrick BurnsDemocrat
2ndWilliam S. AndrewsDemocrat
3rdPatrick KeadyDemocrat
4thFrancis A. MallisonDemocrat
5thWilliam C. JonesDemocrat
6thJacob WorthRepublicancontested, seat vacated on March 13[5]
John RaberDemocratseated on March 13
7thCaleb L. SmithDemocrat
8thDeWitt C. TowerDemocrat
9thJohn C. JacobsDemocratalso a manager at the impeachment trial
LewisJohn F. MannRepublican
LivingstonLewis E. SmithRepublican
Madison1stD. Gerry WellingtonRepublican
2ndRobert StewartRepublican
Monroe1stJohn Martin DavisRepublican
2ndNehemiah C. BradstreetDemocrat
3rdAbner I. WoodRepublican
MontgomeryAngell MatthewsonDemocrat
New York1stMichael C. MurphyDemocrat
2ndDennis BurnsDemocrat
3rdDaniel O'ReillyDemocrat
4thJohn GalvinDemocrat
5thChristopher JohnsonDemocrat
6thTimothy J. CampbellDemocrat
7thJames RileyDemocrat
8thJames ReedDemocratdied in February 1868
9thWilliam G. BergenDemocrat
10thAnthony HartmanDemocrat
11thPeter TrainerDemocrat
12thWilliam B. QuinnDemocratalso a manager at the impeachment trial
13thJames C. MoranDemocrat
14thJames McKieverDemocrat
15thAlexander FrearDemocrat
16thJames IrvingDemocrat
17thFrederick H. FlaggeDemocrat
18thLawrence D. KiernanDemocrat
19thWilliam L. WileyDemocrat
20thGeorge B. Van BruntRepublicancontested; seat vacated on April 7[6]
Henry Clausen Jr.Democratseated on April 7
21stWilliam HitchmanDemocratelected speaker:
also a delegate to the Constitutional Convention
Niagara1stRansom M. SkeelsDemocrat
2ndBenjamin FarleyRepublican
Oneida1stWilliam H. ChapmanDemocrat
2ndAlanson B. CadyRepublican
3rdJames StevensDemocrat
4thAmbrose NicholsonRepublican
Onondaga1stAugustus G. S. AllisRepublican
2ndLuke RanneyRepublican
3rdHiram EatonRepublican
Ontario1stHenry RayRepublican
2ndSamuel H. TorreyRepublican
Orange1stWilliam C. H. ShermanDemocratunsuccessfully contested by George K. Smith (R)[7]
2ndJohn H. ReeveDemocrat
OrleansEdmund L. PittsRepublicanalso a manager at the impeachment trial
Oswego1stJohn A. PlaceRepublican
2ndJames D. LasherRepublican
3rdAlvin RichardsonRepublican
Otsego1stMyron J. HubbardDemocrat
2ndWilliam C. BentleyDemocrat
PutnamSamuel D. HumphreyDemocrat
Queens1stFrancis SkillmanDemocrat
2ndJohn B. MaddenDemocrat
Rensselaer1stJohn L. FlaggDemocratalso a manager at the impeachment trial
2ndJared A. WellsRepublican
3rdHarris B. HowardDemocrat
RichmondJohn DeckerDemocrat
RocklandThomas LawrenceDemocrat
St. Lawrence1stGeorge M. GleasonRepublican
2ndJulius M. PalmerRepublican
3rdAlexander H. AndrewsRepublican
Saratoga1stTruman G. YoungloveRepublican
2ndAlembert PondRepublicanalso a delegate to the Constitutional Convention
SchenectadyRobert FurmanDemocrat
SchoharieWilliam S. ClarkDemocratalso a manager at the impeachment trial
SchuylerGeorge ClarkRepublican
SenecaDavid D. LeflerDemocrat
Steuben1stJohn F. LittleDemocratalso a manager at the impeachment trial
2ndLyman BalcomRepublican
SuffolkJames M. HalseyDemocrat
SullivanDavid G. StarrDemocrat
TiogaOliver H. P. KinneyRepublicanalso a delegate to the Constitutional Convention
TompkinsJohn H. SelkregRepublican
Ulster1stWilliam LounsberyDemocratalso a manager at the impeachment trial
2ndAbraham E. HasbrouckDemocrat
3rdTheodore GuigouDemocrat
WarrenNicholas B. La BauRepublicanalso a manager at the impeachment trial
Washington1stDavid UnderwoodRepublican
2ndNathaniel DailyRepublican
Wayne1stDeWitt ParshallRepublican
2ndElijah M. K. GlennRepublicanresigned on April 11, 1868
Westchester1stSamuel M. PurdyDemocrat
2ndGeorge J. PenfieldDemocrat
3rdHenry C. NelsonDemocrat
WyomingWilliam BristolRepublican
YatesOliver S. WilliamsDemocrat

Employees

Notes

  1. Except New York City where the wards were apportioned into election districts, and then some whole wards and some election districts of other wards were gerrymandered together into Assembly districts.
  2. https://books.google.com/books?id=UHZZAAAAYAAJ&pg=PA1762 Laws of the State of New York (89th session)
  3. The office had been vacant since the death of Police Commissioner John G. Bergen on July 18, 1867. Brennan vacated the office after his election as Sheriff of New York County in November 1870; see AN OLD POLITICIAN DYING; EX-SHERIFF BRENNAN'S ILLNESS in NYT on January 20, 1879
  4. see Assembly Journal, Vol. II, pg. 919ff
  5. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 416–422)
  6. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 407–415)
  7. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 422–430)

Sources