The 63rd 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 7 to May 14, 1840, during the second year of

William H. Seward William Henry Seward (May 16, 1801 – October 10, 1872) was an American politician who served as United States Secretary of State from 1861 to 1869, and earlier served as governor of New York and as a United States Senate, United States Senat ...

's governorship, 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 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. State Senator

Noadiah Johnson Noadiah Johnson (1795 Connecticut – April 4, 1839 Albany, New York) was an American lawyer, newspaperman, and politician who served one term as a U.S. Representative from New York from 1833 to 1835. Life He removed to Delaware County, New York, ...

died on April 4, 1839; and State Senator Edward P. Livingston resigned on October 9, 1839; leaving two vacancies in the Third District. At this time there were two political parties: the

Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...

and the Whig Party.

Elections

The State election was held from November 4 to 6, 1839. State Senator John Hunter (2nd D.) was re-elected.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1840; and adjourned on May 14.

George W. Patterson George Washington Patterson (November 11, 1799 – October 15, 1879) was an American politician in the U.S. State of New York. He served as a member of the United States House of Representatives and as Lieutenant Governor of New York. E ...

(W) was re-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 68 votes against 56 for Levi S. Chatfield (D). Upon taking their seats in the Senate, Humphrey, Sanford and Root drew lots to decide which one of the three senators elected in the Third District would serve which term. Sanford drew the one-year term, Humphrey the two-year term, and Root the full term. On January 14, the Legislature elected

Nathaniel P. Tallmadge Nathaniel Pitcher Tallmadge (February 8, 1795November 2, 1864) was an American lawyer and politician. He served two terms as United States Senator from New York (1833–1844) and was the 3rd Governor of the Wisconsin Territory (1844– ...

(W) to the seat in the U.S. Senate which he had vacated on March 4, 1839. On January 20, Mayor of Rochester Samuel G. Andrews was elected Clerk of the Senate, to succeed

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 ...

who had been Clerk since 1814.see Senate Journal, pg. 100ff The Legislature appointed

Thurlow Weed Edward Thurlow Weed (November 15, 1797 – November 22, 1882) was a printer, New York newspaper publisher, and Whig and Republican politician. He was the principal political advisor to prominent New York politician William H. Seward and was ins ...

to succeed

Edwin Croswell Edwin Croswell (May 29, 1797 in Catskill, New York – June 13, 1871 in Princeton, New Jersey), was an American journalist and politician. Croswell's father and uncle were both influential editors and journalists in the early 19th century. Edwin ex ...

as State Printer. On February 3, Lt. Gov. Bradish did not attend the session, and Frederick A. Tallmadge was elected president pro tempore of the Senate. On the same day,

Jacob Haight Jacob Haight (March 4, 1775 or 1776 – c. 1860 Catskill, Greene County, New York) was an American politician. Life He was a member of the New York State Senate from 1824 to 1827. In 1828, he was among the incorporators of the Catskill and Ith ...

(W) was re-elected State Treasurer. On February 22, the Legislature elected George H. Boughton, Simon Newton Dexter, Henry Hamilton, David Hudson and

Asa Whitney Asa Whitney (1797–1872) was a highly successful dry-goods merchant and transcontinental railroad promoter. He was one of the first backers of an American transcontinental railway. A trip to China in 1842–44 impressed upon Whitney the need ...

to succeed William Baker,

William C. Bouck William Christian Bouck (January 7, 1786 – April 19, 1859) was an American politician from New York. He was the 13th Governor of New York from 1843 to 1844. A native of Fultonham, New York, Bouck was educated in the local schools while wo ...

, John Bowman,

Jonas Earll, Jr. Jonas Earll Jr. (1786 – October 28, 1846, in Syracuse, New York) was an American politician. He was a U.S. Representative from New York from 1827 to 1831. Life He was the son of Jonas Earll and Experience (Sprague) Earll.Samuel Young as Canal Commissioners. On September 2, the Democratic state convention met at

Syracuse Syracuse may refer to: Places Italy *Syracuse, Sicily, or spelled as ''Siracusa'' *Province of Syracuse United States *Syracuse, New York **East Syracuse, New York **North Syracuse, New York *Syracuse, Indiana * Syracuse, Kansas *Syracuse, Miss ...

, and nominated

for Governor, and State Senator

Daniel S. Dickinson Daniel Stevens Dickinson (September 11, 1800April 12, 1866) was an American politician and lawyer, most notable as a United States senator from 1844 to 1851. Biography Born in Goshen, Connecticut, he moved with his parents to Guilford, Chenango ...

for Lieutenant Governor. The Whig state convention nominated Gov. Seward and Lt. Gov. Bradish for re-election.

State Senate

Districts

* The First District (4 seats) consisted of

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 * '' ...

and

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, ...

counties. * The Second District (4 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 ...

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,

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 ...

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 ...

, 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 King ...

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 Third District (4 seats) consisted of Albany, 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 ...

, 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 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 ...

Fulton Fulton may refer to: People * Robert Fulton (1765–1815), American engineer and inventor who developed the first commercially successful steam-powered ship * Fulton (surname) Given name * Fulton Allem (born 1957), South African golfer * Fult ...

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, 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 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 Fifth District (4 seats) consisted of

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 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 ...

, Oswego and Otsego counties. * The Sixth District (4 seats) consisted of Allegany, Broome, Cattaraugus, Chemung, Chenango,

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 ...

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. * The Seventh District (4 seats) consisted of

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 ...

, Cortland,

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 ...

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 ...

, Wayne and

Yates Yates may refer to: Places United States *Fort Yates, North Dakota *Yates Spring, a spring in Georgia, United States *Yates City, Illinois * Yates Township, Illinois *Yates Center, Kansas * Yates, Michigan * Yates Township, Michigan * Yates, Misso ...

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

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 ...

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 ...

, 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 ...

and Orleans 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.

Employees

* Clerk:

, until January 20, 1840 ** Samuel G. Andrews, from January 20, 1840 * Sergeant-at-Arms: Richard M. Meigs * Doorkeeper: Philip M. De Zeng * Assistant Doorkeeper: Chauncey Dexter, from January 25, 1840

State Assembly

Districts

* Albany County (3 seats) * Allegany County (2 seats) * Broome County (1 seat) *

Cattaraugus County Cattaraugus County (locally known as Catt County) is a county in Western New York, with one side bordering Pennsylvania. As of the United States 2020 census, the population was 77,042. The county seat is Little Valley. The county was created ...

(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) * Chautauqua County (3 seats) *

Chemung County Chemung County is a county in the southern tier of the U.S. state of New York. The population was 84,148 as of the 2020 census. Its county seat is Elmira. Its name is derived from a Delaware Indian village whose name meant "big horn". Chemung ...

(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-thistle ...

(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, s ...

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

(2 seats) * 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 ...

(3 seats) * Erie County (3 seats) * Essex County (1 seat) * Franklin County (1 seat) *

and

counties (1 seat) * Genesee County (4 seats) * Greene County (2 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 ...

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

(2 seats) * 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) * Montgomery County (2 seats) * The City and County of

(13 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''. Niag ...

(2 seats) * Oneida County (4 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 (3 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 ...

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

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 ...

(2 seats) * Otsego County (3 seats) * Putnam County (1 seat) * Queens County (1 seat) *

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 ...

(3 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 (2 seats) *

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 ...

(2 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 ...

(1 seat) *

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 ...

(2 seats) * Seneca County (1 seat) * Steuben County (3 seats) * Suffolk County (2 seats) * Sullivan County (1 seat) * 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) *

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 ...

(2 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) *

(2 seats) * Wayne County (2 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 ...

(2 seats) * Yates County (1 seat) 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. Party affiliations follow the result given in The New Yorker.

Employees

* Clerk:

Philander B. Prindle Philander may mean: * to have sexual intercourse with many women * ''Philander'' (genus), a genus of opossums * "Philander", a historic name for the dusky pademelon (''Thylogale brunii'') People with the given name Philander * Philander Chase ...

* Sergeant-at-Arms: Minos McGowen * Doorkeeper: Samuel Francis Jr. * Assistant Doorkeeper: Abraham H. Grovesteen

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) g. 109 and 441 for Senate districts; pg. 132 for senators; pg. 148f for Assembly districts; pg. 223f for assemblymen
''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. 517 to 528)
''The Politician's Register''
published by

Horace Greeley Horace Greeley (February 3, 1811 – November 29, 1872) was an American newspaper editor and publisher who was the founder and newspaper editor, editor of the ''New-York Tribune''. Long active in politics, he served briefly as a congressm ...

(1840; pg. 55f)
''A Political Register for 1840''
published by E. C. Markley (Philadelphia, 1840; pg. 17f)
''The New Yorker''
(issue of November 16, 1839) {{NYLegislatures 063 1840 in New York (state) 1840 U.S. legislative sessions