70th New York State Legislature

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70th New York State Legislature
69th 71st
Old State Capitol at Albany NY.jpg
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJanuary 1 – December 31, 1847
Senate
Members32
PresidentLt. Gov. Addison Gardiner (D), until July 4
Temporary PresidentAlbert Lester (D), from February 12
Party controlDemocratic (21-10-1)
Assembly
Members128
SpeakerWilliam C. Hasbrouck (W)
Party controlWhig (72-56)[1]
Sessions
1stJanuary 5 – May 13, 1847
2ndSeptember 8 – December 15, 1847

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 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.), (7th D.), (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[]

  • The First District (4 seats) consisted of New York and Richmond counties.
  • The Second District (4 seats) consisted of Dutchess, Kings, Orange, Putnam, Queens, Rockland, Suffolk, Sullivan and Westchester counties.
  • The Third District (4 seats) consisted of Albany, Columbia, Delaware, Greene, Rensselaer, Schoharie and Ulster counties.
  • The Fourth District (4 seats) consisted of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Montgomery, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties.
  • The Fifth District (4 seats) consisted of Jefferson, Lewis, Madison, Oneida, Oswego and Otsego counties.
  • The Sixth District (4 seats) consisted of Allegany, Broome, Cattaraugus, Chemung, Chenango, Livingston, Steuben, Tioga and Tompkins counties.
  • The Seventh District (4 seats) consisted of Cayuga, Cortland, Onondaga, Ontario, Seneca, Wayne and Yates counties.
  • The Eighth District (4 seats) consisted of Chautauqua, Erie, Genesee, Monroe, Niagara, Orleans and Wyoming 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. 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.

District Senators Term left Party Notes
First David R. Floyd-Jones* 1 year Democrat/Hunker
George Folsom* 2 years Native American
Edward Sanford* 3 years Democrat
John Townsend* 4 years Democrat
Second Joshua B. Smith* 1 year Democrat
Robert Denniston* 2 years Democrat
Saxton Smith* 3 years Democrat
Harvey R. Morris 4 years Democrat
Third Stephen C. Johnson* 1 year Democrat/Barnburner
John P. Beekman* 2 years Democrat
William H. Van Schoonhoven* 3 years Whig/Anti-Rent
Ira Harris* 4 years Whig/Anti-Rent resigned his seat during the recess, after
election to the New York Supreme Court
Fourth Orville Clark* 1 year Democrat/Hunker
Augustus C. Hand* 2 years Democrat resigned his seat during the recess, after
election to the New York Supreme Court
Samuel Young* 3 years Democrat/Barnburner
Thomas Crook 4 years Democrat
Fifth Thomas Barlow* 1 year Democrat/Barnburner until July 4, 1847, also First Judge of the Madison County Court
Enoch B. Talcott* 2 years Democrat/Barnburner
Joshua A. Spencer* 3 years Whig
Nelson J. Beach* 4 years Whig on November 2, 1847, elected a Canal Commissioner
Sixth Clark Burnham* 1 year Democrat
George D. Beers* 2 years Democrat
Thomas J. Wheeler* 3 years Democrat
Samuel H. P. Hall 4 years Whig
Seventh Albert Lester* 1 year Democrat on February 12, 1847, elected president pro tempore:
from July 5, 1847, Acting Lieutenant Governor
Henry J. Sedgwick* 2 years Democrat/Barnburner
Richard H. Williams* 3 years Democrat
4 years Whig
Eighth Frederick F. Backus* 1 year Whig
Carlos Emmons* 2 years Whig
Gideon Hard* 3 years Whig
4 years Whig

Employees[]

  • Clerk:
  • Deputy Clerk: John P. Lott
  • Sergeant-at-Arms: Charles Bryan
  • Doorkeeper: Jared S. Halsey
  • Assistant Doorkeeper: Martin Miller
  • Janitor: Burgess Wands
  • Messengers: John H. Finnegan, Joseph Courtney Jr.

State Assembly[]

Districts[]

  • Albany County (4 seats)
  • Allegany County (2 seats)
  • Broome County (1 seat)
  • Cattaraugus County (2 seats)
  • Cayuga County (3 seats)
  • Chautauqua County (2 seats)
  • Chemung County (1 seat)
  • Chenango County (2 seats)
  • Clinton County (1 seat)
  • Columbia County (2 seats)
  • Cortland County (1 seat)
  • Delaware County (2 seats)
  • Dutchess County (3 seats)
  • Erie County (4 seats)
  • Essex County (1 seat)
  • Franklin County (1 seat)
  • Fulton and Hamilton counties (1 seat)
  • Genesee County (2 seats)
  • Greene County (2 seats)
  • Herkimer County (2 seats)
  • Jefferson County (3 seats)
  • Kings County (3 seats)
  • Lewis County (1 seat)
  • Livingston County (2 seats)
  • Madison County (2 seats)
  • Monroe County (3 seats)
  • Montgomery County (2 seats)
  • The City and County of New York (16 seats)
  • Niagara County (2 seats)
  • Oneida County (4 seats)
  • Onondaga County (4 seats)
  • Ontario County (2 seats)
  • Orange County (3 seats)
  • Orleans County (1 seat)
  • Oswego County (2 seats)
  • Otsego County (3 seats)
  • Putnam County (1 seat)
  • Queens County (1 seat)
  • Rensselaer County (3 seats)
  • Richmond County (1 seat)
  • Rockland County (1 seat)
  • St. Lawrence County (3 seats)
  • Saratoga County (2 seats)
  • Schenectady County (1 seat)
  • Schoharie County (2 seats)
  • Seneca County (1 seat)
  • Steuben County (3 seats)
  • Suffolk County (2 seats)
  • Sullivan County (1 seat)
  • Tioga County (1 seat)
  • Tompkins County (2 seats)
  • Ulster County (2 seats)
  • Warren County (1 seat)
  • Washington (2 seats)
  • Wayne County (2 seats)
  • Westchester County (2 seats)
  • Wyoming County (1 seat)
  • Yates County (1 seat)
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]

District Assemblymen Party Notes
Albany Democrat
Democrat
Valentine Treadwell Whig
* Democrat/Anti-Rent
Allegany Whig
Whig
Broome Democrat
Cattaraugus Whig
Whig
Cayuga * Whig
William J. Cornwell* Whig
* Whig
Chautauqua * Whig
Whig
Chemung Democrat previously a member from Tioga Co.
Chenango Whig
Whig
Clinton Democrat
Columbia Whig
Democrat
Cortland Whig
Delaware Democrat
Whig
Dutchess Whig
Whig
Whig
Erie Whig
Whig
Whig
Whig
Essex Whig
Franklin Democrat
Fulton and Hamilton Darius Moore Whig
Genesee * Whig
Alonzo S. Upham Whig
Greene Whig
Democrat
Herkimer Abijah Beckwith Democrat
Democrat
Jefferson John Boyden Democrat
Democrat
Democrat
Kings Democrat
Whig
Democrat
Lewis Democrat
Livingston * Whig
Whig
Madison Whig
Whig
Monroe * Whig
Whig
Whig
Montgomery Whig
Whig
New York Democrat
Democrat resigned on January 12, 1847, to fight in the Mexican–American War
Democrat
Democrat
Democrat
Democrat
* Democrat
Democrat
Democrat
Democrat
Daniel E. Sickles Democrat
* Democrat
Democrat
* Democrat
Michael Walsh Democrat
Whig/Nat. Am.
Niagara Whig
Whig
Oneida Whig
Democrat
Whig
Democrat
Onondaga Democrat
Democrat
Democrat
Whig
Ontario Whig
Whig
Orange Democrat
William C. Hasbrouck Whig elected Speaker
Whig
Orleans Whig
Oswego Oren R. Earl Whig
M. Lindley Lee Whig
Otsego Cyrus Brown Democrat
Democrat
Democrat
Putnam Democrat
Queens Whig
Rensselaer Whig
Amos K. Hadley Whig
Whig
Richmond * Democrat
Rockland Democrat
St. Lawrence Democrat
Democrat
Bishop Perkins* Democrat
Saratoga Whig
Whig
Schenectady Whig
Schoharie Democrat
* Whig/Anti-Rent
Seneca Whig
Steuben Hiram Chapman Democrat
Whig
Democrat
Suffolk Democrat
J. Lawrence Smith Democrat
Sullivan William B. Wright Whig resigned his seat during the recess, after
election to the New York Supreme Court
Tioga Whig
Tompkins Whig
Henry W. Sage Whig
Ulster Jacob H. De Witt Whig
Whig unsuccessfully contested by Isaac L. Hasbrouck (D)[6]
Warren Democrat
Washington Whig
Whig
Wayne Whig
Whig
Westchester Whig unsuccessfully contested by (D)[7]
* Democrat
Wyoming * Whig
Yates Democrat

Employees[]

  • Clerk:
  • Sergeant-at-Arms: Daniel B. Davis
  • Doorkeeper: Asa W. Carpenter
  • Assistant Doorkeeper: DeWitt C. Crooker
  • Second Assistant Doorkeeper: Robert Grant

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. ^ Laws of New York (1846; "An Act for the apportionment of the members of the Assembly of this State"; pg. 48ff)
  3. ^ Laws of New York (1846; "An Act for the arrangement of Senate Districts"; pg. 468f)
  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[]

  • The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [pg. 109 and 441 for Senate districts; pg. 135f for senators; pg. 148f for Assembly districts; pg. 232ff for assemblymen]
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