The 46th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to April 24, 1823, during the first year of

Joseph C. Yates Joseph Christopher Yates (November 9, 1768March 19, 1837) was an American lawyer, politician, statesman, and founding trustee of Union College. He served as 7th Governor of New York, from January 1, 1823 – December 31, 1824. History Born in 1 ...

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 ...

, in Albany.

Background

A Constitutional Convention met from August 28 to November 10, 1821, and the new Constitution was adopted by the voters in January 1822. 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 constitut ...

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. The new Constitution legislated Gov. DeWitt Clinton and Lt. Gov.

John Tayler John Tayler (July 4, 1742 – March 19, 1829) was a merchant and politician. He served nine years as Lieutenant Governor of New York, four months acting as the sixth Governor of New York, and also in both houses of the New York State Legislatur ...

out of office at the end of 1822. Besides, the

Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822. History Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of N ...

was abolished, and the State officers were to be elected by the State Legislature. On April 12, 1822, the Legislature re-apportioned the Assembly districts. All previously existing 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, 1822, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days. At this time New York politics were dominated by 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 ha ...

faction of the

Democratic-Republican Party 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 earl ...

.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 Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

parties. The opposing Democratic-Republican faction, the "Clintonians" disappeared after DeWitt Clinton decided not to run in the New York gubernatorial election, 1822; and the Federalist Party had virtually disbanded. Nevertheless, in some districts Clintonian or Federalist Senate and Assembly tickets were put up in opposition to the Bucktails (which were considered the "regular" Democratic-Republican nominees), but without much success. The Bucktails nominated Supreme Court Justice

for Governor, and

Erastus Root Erastus Root (March 16, 1773 – December 24, 1846) was an American lawyer and politician from New York. He is most notable for serving four separate non-consecutive terms in the U.S. House of Representatives in the early 19th Century. ...

for Lieutenant Governor. The Clintonians made no nomination for Governor, but nominated Henry Huntington for Lieutenant Governor.

Solomon Southwick Solomon Southwick (December 25, 1773 – November 18, 1839) was an American newspaper publisher and political figure who was a principal organizer of the Anti-Masonic Party. Born in Newport, Rhode Island, Southwick attended the University of Pe ...

nominated himself for Governor.

Elections

The State election was held from November 4 to 6, 1822. Joseph C. Yates and Erastus Root were elected. All 32 State senators were elected on the regular Democratic-Republican tickets.

Sessions

The Legislature met at the Old State Capitol in Albany on January 7, 1823, and adjourned on April 24. Peter R. Livingston (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: ** I ...

with 117 votes out of 123. On January 27, the Senate rejected the re-appointment of Chief Justice

Ambrose Spencer Ambrose Spencer (December 13, 1765March 13, 1848) was an American lawyer and politician. Early life Ambrose Spencer was born on December 13, 1765 in Salisbury in the Connecticut Colony. He was the son of Philip Spencer and Mary ( née Moore) S ...

and Associate Supreme Court Justices

Jonas Platt Jonas Platt (June 30, 1769 – February 22, 1834) was an American lawyer and politician from New York. He was a member of the United States House of Representatives. Early life Platt was born on June 30, 1769, in Poughkeepsie, Province of New Yor ...

and John Woodworth; and confirmed the appointment of

Nathan Sanford Nathan Sanford (November 5, 1777 – October 17, 1838) was an American politician. Early life Sanford was born on November 5, 1777, in Bridgehampton, New York. He was the son of Thomas Sanford and Phebe (née Baker) Sanford, a family of farme ...

as Chancellor to succeed James Kent. On January 28, Gov. Yates nominated State Comptroller John Savage as Chief Justice; and Jacob Sutherland and

Samuel Betts Samuel Rossiter Betts (June 8, 1786 – November 3, 1868) was an American attorney, politician, and jurist who served as a United States representative from New York and a United States district judge of the United States District Court for the ...

as associate justices. On January 29, Savage and Sutherland were confirmed, but the appointment of Betts was rejected. Thereupon Gov. Yates re-nominated Woodworth who was confirmed after some debate by a slim margin. On February 13, the Legislature elected Secretary of State John Van Ness Yates, Attorney General Samuel A. Talcott and Surveyor General

Simeon De Witt Simeon De Witt (December 25, 1756 – December 3, 1834) was Geographer and Surveyor General of the Continental Army during the American Revolution and Surveyor General of the State of New York for the fifty years from 1784 until his death. Life ...

to succeed themselves; and William L. Marcy to succeed Savage as State Comptroller. On March 31, the Legislature appointed Edwin Croswell and Isaac Q. Leake as State Printers. On April 17, the Legislature enacted that there shall be eight

New York State Circuit Courts The New York circuit courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846. History Under the provisions of the Constitution of New York, 1777, the justices of the New York Supre ...

, one in each senatorial district. Gov. Yates nominated as judges: Ogden Edwards (1st D.); Samuel Betts (2nd D.); William A. Duer (3rd D.); Reuben H. Walworth (4th D.); Nathan Williams (5th D.);

Samuel Nelson Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concu ...

(6th D.);

Enos T. Throop Enos Thompson Throop ( ; August 21, 1784 – November 1, 1874) was an American lawyer, politician, and diplomat who was the tenth Governor of New York from 1829 to 1832. Early life and career Throop was born in Johnstown, New York on August 21 ...

(7th D.) and William B. Rochester (8th D.). They were confirmed on April 21.

State Senate

Districts

*The First District (4 seats) consisted of Kings, New York,

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, ...

and Suffolk counties. *The Second District (4 seats) consisted of Dutchess,

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 * ...

, Putnam, Rockland, Sullivan,

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 Kin ...

and Westchester counties. *The Third District (4 seats) consisted of Albany, Columbia,

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 ...

, Rensselaer,

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 ...

and Schoharie counties. *The Fourth District (4 seats) consisted of Clinton,

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 Grea ...

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 ...

, Montgomery,

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,

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 A ...

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 o ...

counties. *The Fifth District (4 seats) consisted of 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 ...

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 ...

, Oneida and Oswego counties. *The Sixth District (4 seats) consisted of Broome, Chenango, Cortland,

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 ...

, Otsego, Tioga and Tompkins counties. *The Seventh District (4 seats) consisted of Cayuga,

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 C ...

and

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 ...

counties. *The Eighth District (4 seats) consisted of Allegany, Cattaraugus,

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 br ...

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, Monroe, Niagara and Steuben 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. James Burt and Byram Green changed from the Assembly to the Senate. Under the provisions of the new Constitution, upon taking office the senators were classified by drawing lots to terms of one, two, three or four years, as shown in the table below.

Employees

*Clerk: John F. Bacon

State Assembly

Districts

* Albany County (3 seats) * Allegany County (1 seat) * Broome County (1 seat) * Cattaraugus County (1 seat) *

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 Confed ...

(4 seats) * Chautauqua County (1 seat) *

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-thist ...

(3 seats) *

Clinton County Clinton County may refer to: *Counties named for George Clinton, first and third Governor of New York, and later the fourth Vice President of the United States: **Clinton County, New York ** Clinton County, Ohio *Counties named for DeWitt Clinton, ...

(1 seat) * Columbia County (3 seats) *

Cortland County Cortland County is a county located in the U.S. state of New York. As of the 2020 census, the population of Cortland County was 46,809. The county seat is Cortland. The county is named after Pierre Van Cortlandt, president of the convention ...

(2 seats) * Delaware County (2 seats) * Dutchess County (4 seats) * Erie County (1 seat) * Essex County (1 seat) * Franklin County (1 seat) * Genesee County (4 seats) * Greene County (2 seats) *

and Montgomery co. (4 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 (3 seats) * Kings County (1 seat) * Lewis County (1 seat) * Livingston County (2 seats) * 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 ...

(3 seats) *The City and County of New York (10 seats) *

Niagara County Niagara County is in the U.S. state of New York. As of the 2020 census, the population was 212,666. The county seat is Lockport. The county name is from the Iroquois word ''Onguiaahra''; meaning ''the strait'' or ''thunder of waters''. Niaga ...

(1 seat) * Oneida County (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 (6 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) *

Oswego County Oswego County is a county in the U.S. state of New York. As of the 2020 census, the population was 117,525. The county seat is Oswego. The county name is from a Mohawk-language word meaning "the pouring out place", referring to the point at ...

(1 seat) * Otsego County (4 seats) * Putnam County (1 seat) * Queens County (2 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 ...

(4 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 t ...

(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 ...

(3 seats) * Schenectady County (1 seat) *

Schoharie County Schoharie 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 29,714, making it the state's fifth-least populous county. The county ...

(2 seats) * Seneca County (2 seats) * Steuben County (2 seats) * Suffolk County (2 seats) * Sullivan County (1 seat) * Tioga County (2 seats) * Tompkins County (2 seats) *

Ulster County Ulster County is a county in the U.S. state of New York. It is situated along the Hudson River. As of the 2020 census, the population was 181,851. The county seat is Kingston. The county is named after the Irish province of Ulster. History ...

(3 seats) *

Warren County Warren County is the name of fourteen counties in the USA. Some are named after General Joseph Warren, who was killed in the Battle of Bunker Hill in the American Revolutionary War: * Warren County, Georgia * Warren County, Illinois * Warren County ...

(1 seat) *

(4 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 ...

(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. Peter R. Livingston changed from the Senate to the Assembly.

Employees

*Clerk:

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 ...

*Sergeant-at-Arms: Henry Fryer *Doorkeeper: James Myers *Assistant Doorkeeper: Richard Ten Broeck

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) ee pg. 109 for Senate districts; pg. 125 for senators; pg. 148f for Assembly districts; pg. 199f for assemblymenbr>''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. 98 to 124)
Election result Assembly, Clinton Co.
at project "A New Nation Votes", compiled by Phil Lampi, 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. ...