45th New York State Legislature

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45th New York State Legislature
44th 46th
Old State Capitol at Albany NY.jpg
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1821 – December 31, 1822[1]
Senate
Members32
PresidentLt. Gov. John Tayler (Clint.)
Party controlSplit (16-16)
Assembly
Members126
SpeakerSamuel B. Romaine (Buckt.)
Party controlBucktail (70-52)
Sessions
1stJanuary 2 – April 17, 1822

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.), , , John L. Viele (all three Eastern D.), Henry Seymour ( Western D.); and Assemblymen (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 (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[]

  • The Southern District (6 seats) consisted of Dutchess, Kings, New York, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester counties.
  • The Middle District (9 seats) consisted of Albany, Chenango, Columbia, Delaware, Greene, Orange, Otsego, Schoharie, Sullivan and Ulster counties.
  • The Eastern District (8 seats) consisted of Clinton, Essex, Franklin, Hamilton, Herkimer, Jefferson, Lewis, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties.
  • The Western District (9 seats) consisted of Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Cortland, Erie, Genesee, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Oswego, Seneca, Steuben, Tioga and Tompkins counties.
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.

District Senators Term left Party Notes
Southern * 1 year Dem.-Rep./Bucktail elected to the Council of Appointment
Peter R. Livingston* 2 years Dem.-Rep./Bucktail
Walter Bowne* 3 years Dem.-Rep./Bucktail
John Lefferts* 3 years Dem.-Rep./Bucktail also a delegate to the Constitutional Convention
* 4 years Dem.-Rep./Bucktail
Abel Huntington 4 years Dem.-Rep./Bucktail
Middle * 1 year Dem.-Rep./Bucktail
William Ross* 1 year Dem.-Rep./Clintonian
Charles E. Dudley* 2 years Dem.-Rep./Bucktail also Mayor of Albany;
elected to the Council of Appointment
John T. More* 2 years Dem.-Rep./Bucktail
William C. Bouck* 3 years Dem.-Rep./Bucktail also an Erie Canal Commissioner
* 3 years Dem.-Rep./Bucktail
* 3 years Dem.-Rep./Bucktail
Abraham J. Hasbrouck 4 years Dem.-Rep./Clintonian
Archibald McIntyre* 4 years Dem.-Rep./Clintonian
Eastern Levi Adams* 1 year Dem.-Rep./Clintonian
* 1 year Dem.-Rep./Clintonian
* 2 years Dem.-Rep./Clintonian
Duncan McMartin Jr.* 2 years Dem.-Rep./Clintonian
Benjamin Mooers* 2 years Dem.-Rep./Bucktail elected to the Council of Appointment
4 years Dem.-Rep./Clintonian
4 years Dem.-Rep./Clintonian
John L. Viele 4 years Dem.-Rep./Clintonian
Western[6] Gamaliel H. Barstow* 1 year Dem.-Rep./Clintonian also First Judge of the Tioga County Court
Perry G. Childs* 1 year Dem.-Rep./Bucktail elected to the Council of Appointment
David E. Evans* 1 year Dem.-Rep./Bucktail
* 2 years Dem.-Rep./Clintonian
Henry Seymour 2 years Dem.-Rep./Bucktail elected to fill vacancy, in place of Gideon Granger
Ephraim Hart* 3 years Dem.-Rep./Clintonian
* 3 years Dem.-Rep./Clintonian
* 3 years Dem.-Rep./Clintonian
Samuel M. Hopkins* 4 years Dem.-Rep./Clintonian

Employees[]

State Assembly[]

Districts[]

  • Albany County (4 seats)
  • Allegany and Steuben counties (2 seats)
  • Broome County (1 seat)
  • Cattaraugus, Chautauqua, Erie and Niagara counties (2 seats)
  • Cayuga County (3 seats)
  • Chenango County (3 seats)
  • Clinton and Franklin counties (1 seat)
  • Columbia County (4 seats)
  • Cortland County (1 seat)
  • Delaware County (2 seats)
  • Dutchess County (5 seats)
  • Essex County (1 seat)
  • Genesee County (3 seats)
  • Greene County (2 seats)
  • Hamilton and Montgomery counties (5 seats)
  • Herkimer County (3 seats)
  • Jefferson County (2 seats)
  • Kings County (1 seat)
  • Lewis County (1 seat)
  • Livingston County (1 seat)
  • Madison County (3 seats)
  • Monroe County (1 seat)
  • The City and County of New York (11 seats)
  • Oneida and Oswego counties (5 seats)
  • Onondaga County (4 seats)
  • Ontario County (5 seats)
  • Orange County (4 seats)
  • Otsego County (5 seats)
  • Putnam County (1 seat)
  • Queens County (3 seats)
  • Rensselaer County (5 seats)
  • Richmond County (1 seat)
  • Rockland County (1 seat)
  • St. Lawrence County (1 seat)
  • Saratoga County (4 seats)
  • Schenectady County (2 seats)
  • Schoharie County (3 seats)
  • Seneca County (2 seats)
  • Suffolk County (3 seats)
  • Sullivan and Ulster counties (4 seats)
  • Tioga County (1 seat)
  • Tompkins County (2 seats)
  • Warren and Washington counties (5 seats)
  • Westchester County (3 seats)
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.

District Assemblymen Party Notes
Albany * Fed./Clintonian
Fed./Clintonian
Fed./Clintonian
Fed./Clintonian
Allegany
and Steuben
Grattan H. Wheeler
Broome Dem.-Rep./Bucktail
Cattaraugus,
Chautauqua,
Erie and
Niagara
Dem.-Rep./Clintonian
Dem.-Rep./Bucktail contested by who was seated on January 5, 1822[7]
Cayuga
Charles Kellogg*
Chenango William Mason* Dem.-Rep./Clintonian
*
John Tracy* Dem.-Rep./Bucktail also Surrogate of Chenango Co.
Clinton and
Franklin
Dem.-Rep./Bucktail
Columbia
Fed./Clintonian
Cortland
Delaware
Dutchess
Clintonian
Essex Isaac Finch Dem.-Rep./Bucktail
Genesee
Greene James Powers Fed./Clintonian
Fed./Clintonian
Hamilton and
Montgomery
John W. Cady Dem.-Rep./Clintonian in November 1822, elected to the 18th U.S. Congress
Dem.-Rep./Clintonian
Herkimer Dem.-Rep./Bucktail contested by (F/C) who was seated in January 1822[8]
* Fed./Clintonian also D.A. of Herkimer Co.
Fed./Clintonian
Jefferson Dem.-Rep./Clintonian
Dem.-Rep./Clintonian
Kings * Fed./Clintonian
Lewis
Livingston
Madison
Justin Dwinell* Dem.-Rep./Bucktail
Monroe Nathaniel Rochester Dem.-Rep./Bucktail
New York
Dem.-Rep./Bucktail
Clarkson Crolius* Dem.-Rep./Bucktail
Cornelius Heeney* Dem.-Rep./Bucktail
Jeromus Johnson Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
*
Samuel B. Romaine* Dem.-Rep./Bucktail elected Speaker
Michael Ulshoeffer* Dem.-Rep./Bucktail
Gulian C. Verplanck* Dem.-Rep./Bucktail
Oneida and
Oswego
Greene C. Bronson Clintonian
* Fed./Clintonian
Onondaga
James Geddes Fed./Clintonian
Dem.-Rep./Bucktail
Ontario
Byram Green
Orange * Dem.-Rep./Bucktail
Otsego John Blakeley* Dem.-Rep./Bucktail
Putnam
Queens Fed./Clintonian
Fed./Clintonian
Fed./Clintonian
Rensselaer Fed./Clintonian
Richmond * Dem.-Rep./Bucktail
Rockland
St. Lawrence did not take his seat, and died in 1822
Saratoga
Schenectady John F. D. Vedder Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
Schoharie Abraham Keyser, Jr.* Dem.-Rep./Bucktail
* Dem.-Rep./Bucktail
Dem.-Rep./Clintonian
Seneca
John Maynard also Seneca County Clerk
Suffolk Hugh Halsey
Tredwell Scudder
*
Sullivan
and Ulster
Fed./Clintonian
Charles Bruyn Fed./Clintonian
Fed./Clintonian
Tioga
Tompkins *
Peter Hager 2d* Dem.-Rep./Bucktail
Warren and
Washington
Westchester Dem.-Rep./Bucktail
Dem.-Rep./Bucktail
Dem.-Rep./Bucktail

Employees[]

  • Clerk: Edward Livingston
  • Sergeant-at-Arms: Henry Fryer
  • Doorkeeper: James Myers
  • Assistant Doorkeeper: William Campbell

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. ^ Laws of the State of New York (1822, pg. 203f)
  5. ^ Laws of the State of New York (1822, pg. 267)
  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[]

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