The 61st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to April 18, 1838, during the sixth year of William L. Marcy'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 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. 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. In May 1837, the Panic of 1837 broke out, and led to a severe financial crisis. The incumbent Democratic State government was blamed for it by the voters, and the opposing Whig Party won the election in November in a landslide.

Elections

The State election was held from November 6 to 8, 1837.

Gulian C. Verplanck Gulian Crommelin Verplanck (August 6, 1786 – March 18, 1870) was an American attorney, politician, and writer. He was elected to the New York State Assembly and Senate, and later to the United States House of Representatives from New York, whe ...

(1st D.), Henry A. Livingston (2nd D.), Edward P. Livingston (3rd D.),

Martin Lee Martin Lee Chu-ming, SC, JP (; born 8 June 1938) is a Hong Kong politician and barrister. He is the founding chairman of the United Democrats of Hong Kong and its successor, the Democratic Party, Hong Kong's flagship pro-democracy party. He ...

(4th D.), Avery Skinner (5th D.),

Laurens Hull Laurens Hull (June 6, 1779 – June 27, 1865) was an American physician and politician from New York. Life He was the son of Dr. Titus Hull (1751–1817) and Olive (Lewis) Hull (1754–1812). He was born in that part of Woodbury which was sep ...

(6th D.), John Maynard (7th D.) and William A. Moseley (8th D.) were elected to the Senate. Edward P. Livingston and Avery Skinner were Democrats, the other six were Whigs.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1838; and adjourned on April 18.

Luther Bradish Luther Bradish (September 15, 1783 in Cummington, Massachusetts – August 30, 1863 in Newport, Rhode Island) was an American lawyer and politician who served two terms as Lieutenant Governor of New York from 1839 to 1842, while his Whig Party co ...

(W) 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 ...

. On February 5, the Legislature elected Gamaliel H. Barstow (W) to succeed Abraham Keyser (D) as State Treasurer; and Orville L. Holley (W) to succeed William Campbell (D) as Surveyor General. On September 12, the Whig state convention met at Utica, and nominated

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 Senator. A determined oppon ...

for Governor, and Speaker

for Lieutenant Governor. On the same day, the Democratic state convention met at Herkimer, and nominated Gov. Marcy and Lt. Gov. Tracy unanimously for re-election. On October 3, a state convention of former Democrats (among them U.S. Senator

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– ...

, Congressman John C. Clark and Ex-Assemblyman

Judah Hammond Judah or Yehuda is the name of a biblical patriarch, Judah (son of Jacob). It may also refer to: Historical ethnic, political and geographic terms * Tribe of Judah, one of the twelve Tribes of Israel; their allotment corresponds to Judah or Jud ...

) met under the name of "Conservatives" at Syracuse, and endorsed the Whig nominees Seward and Bradish.

State Senate

Districts

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

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, Suffolk, 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,

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 ...

, 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 ...

, 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 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 Jefferson,

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, 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 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 ...

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 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 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 ...

, Monroe, Niagara and Orleans 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. Senators who resided in counties which were transferred to a different district continued to represent the district in which they were elected.

Employees

* Clerk: John F. Bacon

State Assembly

Districts

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

(3 seats) * Chautauqua County (3 seats) * Chemung 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 (3 seats) * Erie County (3 seats) * Essex County (1 seat) * Franklin County (1 seat) * Genesee County (4 seats) * Greene County (2 seats) *

and Montgomery counties (3 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 (2 seats) * Lewis County (1 seat) * Livingston County (2 seats) * Madison County (3 seats) * Monroe County (3 seats) * The City and County of New York (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''. Niaga ...

(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 ...

(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 t ...

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

(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 ...

(2 seats) * 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 State officers on February 5.se
''Journal of the Assembly'' (61st Session)
(1838; pg. 307ff)

Employees

* Clerk: Jarvis N. Lake * Sergeant-at-Arms: Harley R. Luddington * Doorkeeper: William C. Bloss * Assistant Doorkeeper: Frederick Lamb

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. 131f for senators; pg. 148f for Assembly districts; pg. 220f 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. 479 to 486) {{NYLegislatures 061 1838 in New York (state) 1838 U.S. legislative sessions