The 45th New York State Legislature, consisting of the

New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...

and the

New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...

, met from January 2 to April 17, 1822, during the fifth year of

DeWitt Clinton DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and naturalist. He served as a United States senator, as the mayor of New York City, and as the seventh governor of New York. In this last capacity, he was largely res ...

governorship A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political r ...

, in Albany.

Background

Under the provisions of the

New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...

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 Gideon Granger (July 19, 1767 – December 31, 1822) was an early American politician and lawyer. He was the father of fellow Postmaster General and U.S. Representative Francis Granger. Early life Granger was born in Suffield, Connecticut on ...

resigned in 1821, leaving a vacancy in the Western District. On March 13, 1821, the

44th New York State Legislature The 44th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 7, 1820, to April 3, 1821, during the fourth year of DeWitt Clinton's governorship, in Albany. Background Under the ...

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 The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...

and the

Democratic-Republicans The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...

. The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton) and the

Bucktails The Bucktails (1818–1826) were the faction of the Democratic-Republican Party in New York State opposed to Governor DeWitt Clinton. It was influenced by the Tammany Society. The name derives from a Tammany insignia, a deer's tail worn in the hat ...

(led by

Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (Uni ...

, and including the

Tammany Hall Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York City political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society. It became the main loc ...

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 Abel P. Huntington Jr. (February 21, 1777 – May 18, 1858) was an American physician and politician who served two terms as a U.S. Representative from New York from 1833 to 1837. Life Born in Norwich, Connecticut, Huntington received a liberal ...

(Southern D.),

Abraham J. Hasbrouck Abraham Joseph Hasbrouck (October 16, 1773 – January 12, 1845) was a United States representative from New York (state), New York and a slaveholder. Biography Hasbrouck was born in "Guilford" (now Libertyville in Gardiner, New York, Gard ...

(Middle D.), David C. Judson, Daniel Shipherd,

John L. Viele John Ludovicus Viele (June 6, 1788 Pittstown, then in Albany Co., now in Rensselaer County, New York – October 19, 1832 Albany, New York) was an American politician from New York. Life He was the son of Ludovicus Viele (1742–1800) and Effie ...

(all three Eastern D.), Henry Seymour ( Western D.); and Assemblymen Abraham Gurnee (Southern D.),

Archibald McIntyre Archibald McIntyre (June 1, 1772 Dull, Kenmore, Perthshire, Scotland – May 6, 1858 Albany, Albany County, New York), was an American merchant and politician. Life He was the son of Daniel McIntyre and Ann (Walker) McIntyre of the village ...

(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

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 Samuel B. Romaine was an American lawyer and politician. Life He was the son of Colonel Benjamin Romaine (1764–1844, several times Grand Sachem of the Tammany Society). Samuel Romaine was a member of the New York State Assembly in 1816–17 ...

(Buckt.) was elected

Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In ...

with 74 votes against 44 for

George Huntington George Huntington (April 9, 1850 – March 3, 1916) was an American physician who contributed a classic clinical description of the disease that bears his name – Huntington's disease. Huntington described this condition in the first of only ...

(Clint.).

Edward Livingston Edward Livingston (May 28, 1764May 23, 1836) was an American jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. Livingston represented both ...

(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) were dismembered, and every county became a district. The total number of assemblymen was increased from 126 to 128. On April 17, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.''Laws of the State of New York''
(1822, pg. 267)

State Senate

Districts

*The Southern District (6 seats) consisted of

Dutchess Dutchess County is a County (United States), county in the U.S. state of New York (state), New York. As of the 2020 United States census, 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie, New York, Poughkeeps ...

Kings Kings or King's may refer to: *Monarchs: The sovereign heads of states and/or nations, with the male being kings *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'' ...

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

, Putnam,

Queens Queens is a borough of New York City, coextensive with Queens County, in the U.S. state of New York. Located on Long Island, it is the largest New York City borough by area. It is bordered by the borough of Brooklyn at the western tip of Long ...

Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, California, ...

Rockland Rockland may refer to: People *Per Bergsland, nicknamed Peter Rockland, one of three successful escapees from Stalag Luft III (the "Great Escape") Places ;In Canada *Rockland, Greater Victoria *Rockland, Nova Scotia *Rockland, Ontario ;In the Uni ...

Suffolk Suffolk () is a ceremonial county of England in East Anglia. It borders Norfolk to the north, Cambridgeshire to the west and Essex to the south; the North Sea lies to the east. The county town is Ipswich; other important towns include Lowes ...

and

Westchester Westchester most commonly refers to Westchester County, New York, immediately north of New York City. __NOTOC__ It may also refer to: Geography Canada *Westchester Station, Nova Scotia, Canada United States *Town of Westchester, the original seat ...

counties. *The Middle District (9 seats) consisted of Albany, Chenango, Columbia,

Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...

Greene Greene may refer to: Places United States *Greene, Indiana, an unincorporated community *Greene, Iowa, a city *Greene, Maine, a town **Greene (CDP), Maine, in the town of Greene *Greene (town), New York **Greene (village), New York, in the town o ...

Orange Orange most often refers to: *Orange (fruit), the fruit of the tree species '' Citrus'' × ''sinensis'' ** Orange blossom, its fragrant flower *Orange (colour), from the color of an orange, occurs between red and yellow in the visible spectrum * ...

, Otsego, Schoharie, Sullivan and

Ulster Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label= Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United King ...

counties. *The Eastern District (8 seats) consisted of

Clinton Clinton is an English toponymic surname, indicating one's ancestors came from English places called Glympton or Glinton.Hanks, P. & Hodges, F. ''A Dictionary of Surnames''. Oxford University Press, 1988 Clinton has frequently been used as a given ...

Essex Essex () is a county in the East of England. One of the home counties, it borders Suffolk and Cambridgeshire to the north, the North Sea to the east, Hertfordshire to the west, Kent across the estuary of the River Thames to the south, and G ...

Franklin Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral d ...

Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...

, Herkimer,

Jefferson Jefferson may refer to: Names * Jefferson (surname) * Jefferson (given name) People * Thomas Jefferson (1743–1826), third president of the United States * Jefferson (footballer, born 1970), full name Jefferson Tomaz de Souza, Brazilian foo ...

Lewis Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead ...

, Montgomery, Rensselaer,

St. Lawrence Saint Lawrence or Laurence ( la, Laurentius, lit. " laurelled"; 31 December AD 225 – 10 August 258) was one of the seven deacons of the city of Rome under Pope Sixtus II who were martyred in the persecution of the Christians that the Roma ...

, Saratoga,

Schenectady Schenectady () is a city in Schenectady County, New York, United States, of which it is the county seat. As of the 2020 census, the city's population of 67,047 made it the state's ninth-largest city by population. The city is in eastern New Y ...

Warren A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval Angl ...

and

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...

counties. *The Western District (9 seats) consisted of Allegany, Broome, Cattaraugus,

Cayuga Cayuga often refers to: * Cayuga people, a native tribe to North America, part of the Iroquois Confederacy * Cayuga language, the language of the Cayuga Cayuga may also refer to: Places Canada * Cayuga, Ontario United States * Cayuga, Illinois ...

Chautauqua Chautauqua ( ) was an adult education and social movement in the United States, highly popular in the late 19th and early 20th centuries. Chautauqua assemblies expanded and spread throughout rural America until the mid-1920s. The Chautauqua bro ...

, Cortland,

Erie Erie (; ) is a city on the south shore of Lake Erie and the county seat of Erie County, Pennsylvania, United States. Erie is the fifth largest city in Pennsylvania and the largest city in Northwestern Pennsylvania with a population of 94,831 a ...

Genesee Genesee, derived from the Seneca word for "pleasant valley", may refer to: Geographic features Canada *Genesee, Alberta, an unincorporated community United States *Genesee, California *Genesee, Colorado *Genesee County, Michigan *Genesee Co ...

Livingston Livingston may refer to: Businesses * Livingston Energy Flight, an Italian airline (2003–2010) * Livingston Compagnia Aerea, an Italian airline (2011–2014), also known as Livingston Airline * Livingston International, a North American custom ...

Madison Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States Place names * Madison, Wisconsin, the state capital of Wisconsin and the largest city known by this ...

, Monroe,

Niagara Niagara may refer to: Geography Niagara Falls and nearby places In both the United States and Canada *Niagara Falls, the famous waterfalls in the Niagara River *Niagara River, part of the U.S.–Canada border *Niagara Escarpment, the cliff ov ...

Oneida Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida Na ...

Onondaga Onondaga may refer to: Native American/First Nations * Onondaga people, a Native American/First Nations people and one of the five founding nations of the Iroquois League * Onondaga (village), Onondaga settlement and traditional Iroquois capita ...

Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...

, Oswego,

Seneca Seneca may refer to: People and language * Seneca (name), a list of people with either the given name or surname * Seneca people, one of the six Iroquois tribes of North America ** Seneca language, the language of the Seneca people Places Extrat ...

Steuben Steuben or Von Steuben most commonly refers to Friedrich Wilhelm von Steuben (1730–1794), Prussian-American military officer, or to a number of things named for him in the United States. It may also refer to: Places *Steuben Township, Marshall C ...

Tioga Tioga may refer to: United States communities *Tioga, California, former name of Bennettville, California *Tioga, Colorado *Tioga, Florida * Tioga, Iowa *Tioga, Louisiana *Tioga, New York, a town in Tioga County *Tioga County, New York, a county at ...

and Tompkins counties. Note: There are now 62 counties in the State of

. 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.

Employees

*Clerk:

John F. Bacon John F. Bacon (February 2, 1789 – February 25, 1860) was an American lawyer, diplomat and politician from New York (state), New York. Early life Bacon was born in Great Barrington, Massachusetts, Great Barrington, Berkshire County, Massachusett ...

State Assembly

Districts

* Albany County (4 seats) * Allegany and

counties (2 seats) * Broome County (1 seat) * Cattaraugus,

and

counties (2 seats) *

Cayuga County Cayuga County is a county in the U.S. state of New York. As of the 2020 census, the population was 76,248. Its county seat and largest city is Auburn. The county was named for the Cayuga people, one of the Indian tribes in the Iroquois Confeder ...

(3 seats) *

Chenango County Chenango County is a county located in the south-central section U.S. state of New York. As of the 2020 census, the population was 47,220. Its county seat is Norwich. The county's name originates from an Oneida word meaning 'large bull-thistle ...

(3 seats) *

and

counties (1 seat) * Columbia County (4 seats) *

Cortland County Cortland County is a County (United States), county located in the U.S. state of New York (state), New York. As of the 2020 United States census, 2020 census, the population of Cortland County was 46,809. The county seat is Cortland, New York, C ...

(1 seat) * Delaware County (2 seats) *

Dutchess County Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later organ ...

(5 seats) * Essex County (1 seat) * Genesee County (3 seats) * Greene County (2 seats) *

and Montgomery counties (5 seats) *

Herkimer County Herkimer County is a county in the U.S. state of New York. As of the 2020 census, the population was 60,139. Its county seat is Herkimer. The county was created in 1791 north of the Mohawk River out of part of Montgomery County. It is named af ...

(3 seats) * Jefferson County (2 seats) *

Kings County Kings County or King's County may refer to: Places Canada *Kings County, New Brunswick *Kings County, Nova Scotia *Kings County, Prince Edward Island ** King's County (electoral district), abolished in 1892 Ireland * County Offaly, formerly call ...

(1 seat) * Lewis County (1 seat) * Livingston County (1 seat) * Madison County (3 seats) *

Monroe County Monroe County may refer to seventeen counties in the United States, all named for James Monroe: * Monroe County, Alabama *Monroe County, Arkansas * Monroe County, Florida * Monroe County, Georgia *Monroe County, Illinois *Monroe County, Indian ...

(1 seat) *The City and County of

(11 seats) *

and Oswego counties (5 seats) *

Onondaga County Onondaga County ( ) is a county in the U.S. state of New York. As of the 2020 census, the population was 476,516. The county seat is Syracuse. Onondaga County is the core of the Syracuse, NY MSA. History The name ''Onondaga'' derives from ...

(4 seats) * Ontario County (5 seats) *

Orange County Orange County most commonly refers to: *Orange County, California, part of the Los Angeles metropolitan area Orange County may also refer to: U.S. counties *Orange County, Florida, containing Orlando *Orange County, Indiana *Orange County, New ...

(4 seats) * Otsego County (5 seats) * Putnam County (1 seat) * Queens County (3 seats) *

Rensselaer County Rensselaer County is a county in the U.S. state of New York. As of the 2020 census, the population was 161,130. Its county seat is Troy. The county is named in honor of the family of Kiliaen van Rensselaer, the original Dutch owner of the la ...

(5 seats) *

Richmond County Richmond County may refer to places: Australia *Richmond County, New South Wales, a cadastral division Canada *Richmond County, Nova Scotia United Kingdom *Richmondshire, the original Richmond County in Yorkshire, England United States ...

(1 seat) *

Rockland County Rockland County is the southernmost county on the west side of the Hudson River in the U.S. state of New York. It is part of the New York metropolitan area. It is about from the Bronx at their closest points. The county's population, as of th ...

(1 seat) * St. Lawrence County (1 seat) *

Saratoga County Saratoga County is a county in the U.S. state of New York, and is the fastest-growing county in Upstate New York. As of the 2020 U.S. census, the county's population was enumerated at 235,509, representing a 7.2% increase from the 2010 popul ...

(4 seats) *

Schenectady County Schenectady County () is a County (United States), county in the U.S. state of New York (state), New York. As of the 2020 United States census, 2020 census, the population was 158,061. The county seat is Schenectady, New York, Schenectady. The ...

(2 seats) *

Schoharie County Schoharie County ( ) is a county in the U.S. state of New York. As of the 2020 census, the population was 29,714, making it the state's fifth-least populous county. The county seat is Schoharie. "Schoharie" comes from a Mohawk word meaning "f ...

(3 seats) * Seneca County (2 seats) * Suffolk County (3 seats) * Sullivan and

counties (4 seats) * Tioga County (1 seat) *

Tompkins County Tompkins County is a county located in the U.S. state of New York. As of the 2020 census, the population was 105,740. The county seat is Ithaca. The name is in honor of Daniel D. Tompkins, who served as Governor of New York and Vice President ...

(2 seats) *

and

counties (5 seats) *

Westchester County Westchester County is located in the U.S. state of New York. It is the seventh most populous county in the State of New York and the most populous north of New York City. According to the 2020 United States Census, the county had a population o ...

(3 seats) Note: There are now 62 counties in the State of

. 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.

Employees

*Clerk:

*Sergeant-at-Arms: Henry Fryer *Doorkeeper: James Myers *Assistant Doorkeeper: William Campbell

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) ee pg. 108f for Senate districts; pg. 124 for senators; pg. 148f for Assembly districts; pg. 198f for assemblymen; pg. 56ff for Constitutional conventionbr>''The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840''
by Jabez D. Hammond (4th ed., Vol. 1, H. & E. Phinney,

Cooperstown Cooperstown is a village in and county seat of Otsego County, New York, United States. Most of the village lies within the town of Otsego, but some of the eastern part is in the town of Middlefield. Located at the foot of Otsego Lake in the C ...

, 1846; page 571)
''The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840''
by Jabez D. Hammond (4th ed., Vol. 2, Phinney & Co., Buffalo, 1850; pg. 85 to 97)
Election result Assembly, Albany Co.
at project "A New Nation Votes", compiled by

Phil Lampi Philip J. Lampi (born 1944 in Fitchburg, Massachusetts, Fitchburg, Worcester County, Massachusetts) is a scholar and historian currently employed as a researcher at the American Antiquarian Society (AAS) in Worcester, Massachusetts; he has spent m ...

, hosted by

Tufts University Tufts University is a private research university on the border of Medford and Somerville, Massachusetts. It was founded in 1852 as Tufts College by Christian universalists who sought to provide a nonsectarian institution of higher learning. ...

Digital Library
steuben.1821 Election result Assembly, Allegany and Steuben Co.
at project "A New Nation Votes"
Election result Assembly, Broome Co.
at project "A New Nation Votes"
Election result Assembly, Cattaraugus, Chautauqua, Erie and Niagara Co.
at project "A New Nation Votes"
Partial election result Assembly, Clinton and Franklin Co.
at project "A New Nation Votes"

ives only votes from Clinton Co. Ives is both a surname and a given name. Notable people with the name include: Surname: * Alice Emma Ives (1876–1930), American dramatist, journalist * Burl Ives (1909–1995), American singer, author and actor * Charles Ives (1874–1954), Amer ...

ives only votes from Kings, Queens and Westchester Co. Ives is both a surname and a given name. Notable people with the name include: Surname: * Alice Emma Ives (1876–1930), American dramatist, journalist * Burl Ives (1909–1995), American singer, author and actor * Charles Ives (1874–1954), Amer ...

br>Partial election result Senate, Middle D.
at project "A New Nation Votes" ives only votes of Albany and Greene Co.br>Partial election result Senate, Eastern D.
at project "A New Nation Votes" ives only votes from Clinton, Essex and Jefferson Co.br>Partial election result Senate, Western D.
at project "A New Nation Votes" ives only votes of Broome, Monroe and Steuben Co.br>Election result Speaker
at project "A New Nation Votes"
Election result Assembly Clerk
at project "A New Nation Votes"
Election result Council of Appointment
at project "A New Nation Votes" {{NYLegislatures 045 1821 in New York (state) 1822 in New York (state) 1821 U.S. legislative sessions 1822 U.S. legislative sessions