91st New York State Legislature
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The 91st 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 comp ...
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 Ass ...
, met from January 7 to May 6, 1868, during the fourth year of Reuben E. Fenton's
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

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 1846, 32 Senators and 128 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term. The senatorial districts were made up of entire counties, except New York County (five districts) and Kings County (two districts). The Assembly districts were made up of entire towns, or city wards, forming a contiguous area, all within the same county. On April 25, 1866, the Legislature re-apportioned the Senate districts. The new apportionment was first used at the election of 1867. According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a Constitutional Convention to be held, which was answered at the
New York state election, 1866 The 1866 New York state election was held on November 6, 1866, to elect the governor, the lieutenant governor, a Canal Commissioner and an Inspector of State Prisons, as well as all members of the New York State Assembly. Besides, the voters we ...
, in the affirmative. On April 23, 1867, the delegates to the Constitutional Convention were elected, resulting in a Republican majority. On June 4, the Constitutional Convention met at Albany; adjourned on September 23; and met again on November 12. At this time there were two major political parties: the
Republican Party Republican Party is a name used by many political parties around the world, though the term most commonly refers to the United States' Republican Party. Republican Party may also refer to: Africa * Republican Party (Liberia) *Republican Party ...
and the Democratic Party.


Elections

The 1867 New York state election was held on November 5. All eight statewide elective offices up for election were carried by the Democrats. The approximate party strength at this election, as expressed by the vote for Secretary of State, was: Democrats 373,000 and Republicans 325,000.


Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1868; and adjourned on May 6. At the same time, the Constitutional Convention continued in session.
William Hitchman William Hitchman (November 18, 1830 – 1900)William Hitchman
at findagrave.com (A year of death is ...
(D) 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 ...
. On January 15,
Charles J. Folger Charles James Folger (April 16, 1818 – September 4, 1884) was an American lawyer and politician. A member of the Republican Party, he was a State Senator in New York from 1862 to 1869 and served as the 34th U.S. Secretary of the Treasury from ...
(R) was re-elected President pro tempore of the State Senate. On February 12, the Legislature elected Matthew T. Brennan (D) to take office on March 1 as a Metropolitan Police Commissioner, for a term of eight years. On February 28, the Constitutional Convention adjourned ''sine die''. How to put the proposed amendments before the electorate was then debated throughout this and the next Legislature, and all amendments, except the re-organization of the judicial system, were eventually rejected by the voters at the
New York state election, 1869 The 1869 New York state election was held on November 2, 1869, to elect the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer, two Judges of the New York Court of Appeals, a Canal Commissio ...
. On March 31, the trial of Canal Commissioner Robert C. Dorn (R) opened before the New York Court for the Trial of Impeachments, consisting of the State Senate and the judges of the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by ...
. Assemblymen William S. Clark, John L. Flagg, John C. Jacobs, John F. Little,
William Lounsbery William Lounsbery (December 25, 1831 – November 8, 1905) was an American lawyer, Civil War veteran, and politician who served one term as a U.S. Representative from New York from 1879 to 1881. Biography Born at Stone Ridge, New York, he w ...
,
Alpheus Prince Alpheos or Alpheus may refer to: * Alpheus (mythology), a river god in Greek mythology * Alpheus, West Virginia, a community in the US * Alfeios River, the Greek river which the mythological god refers to * Alphaeus, a father of two of the Twelve A ...
, William B. Quinn (all seven Dem.), Nicholas B. La Bau and Edmund L. Pitts (both Rep.) appeared as the Managers to prosecute the impeachment. Smith M. Weed (D) appeared as Counsel for the Managers. Henry Smith (R) and John H. Reynolds appeared for the defense. On April 7, the Legislature elected Abram B. Weaver (D) to succeed Victor M. Rice (R) as Superintendent of Public Instruction for a term of three years. On April 9, Assemblyman Elijah M. K. Glenn (R) accused Assemblyman
Alexander Frear Alexander Frear (1820 – May 22, 1882) was an American politician. He served as a councilman in New York City, and later an Alderman. He was elected to the New York State Assembly, and later in his life became the Commissioner of Emigration and C ...
to have offered him on March 27 a bribe of $500. On April 10, a select committee appointed to investigate concluded that "the evidence does not furnish any justification for the charges made by Mr. Glenn against Mr. Frear." Thereupon a resolution was passed to censure Glenn.see Assembly Journal, Vol. II, pg. 919ff On April 11, Glenn resigned his seat. On June 12, the impeachment trial ended with the acquittal of Dorn on all articles.


State Senate


Districts

* 1st District:
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, Californi ...
and
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 ...
counties * 2nd District: 1st, 2nd, 3rd, 4th, 5th, 7th, 11th, 13th, 15th, 19th and 20th wards of the City of
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
* 3rd District: 6th, 8th, 9th, 10th, 12th, 14th, 16th, 17th and 18th wards of the City of Brooklyn; and all towns in Kings County * 4th District: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 13th and 14th wards of New York City * 5th District: 8th, 9th, 15th and 16th wards of New York City * 6th District: 10th, 11th and 17th wards of New York City * 7th District: 18th, 20th and 21st wards of New York City * 8th District: 12th, 19th and 22nd wards of New York City * 9th District: Putnam, Rockland and Westchester counties * 10th District: Orange and Sullivan counties * 11th District:
Columbia Columbia may refer to: * Columbia (personification), the historical female national personification of the United States, and a poetic name for America Places North America Natural features * Columbia Plateau, a geologic and geographic region i ...
and Dutchess counties * 12th District: Rensselaer 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 * 13th District: Albany County * 14th District:
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 ...
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 Kin ...
counties * 15th District: Fulton,
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 Hamilto ...
, Montgomery, Saratoga and
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 ...
counties * 16th District: Clinton,
Essex Essex () is a Ceremonial counties of England, 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 Riv ...
and Warren counties * 17th District: Franklin and St. Lawrence counties * 18th District: Jefferson and
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 ...
counties * 19th District: Oneida County * 20th District: Herkimer and Otsego counties * 21st District:
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 ...
and Oswego counties * 22nd District: Onondaga and Cortland counties * 23rd District: Chenango,
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 ...
and Schoharie counties * 24th District: Broome, Tompkins and Tioga counties * 25th District:
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, Illinoi ...
and Wayne counties * 26th District:
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 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 * 27th District: Chemung, Schuyler and Steuben counties * 28th District:
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, Indi ...
* 29th District:
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 ...
, Niagara and Orleans counties * 30th District: Allegany,
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 customs ...
and
Wyoming Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to t ...
counties * 31st District: Erie County * 32nd District: Cattaraugus and
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 ...
counties Note: There are now 62 counties in the State of
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 * '' ...
. 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. Thomas J. Creamer and Henry W. Genet changed from the Assembly to the Senate. Party affiliations follow the vote for Senate officers.


Employees

* Clerk:
James Terwilliger James Terwilliger (October 3, 1809September 1, 1892) was an Oregon pioneer and one of the first residents of Portland, Oregon. He is the namesake of Portland's Terwilliger Boulevard and Terwilliger School. Early life Terwilliger was born in 1809 ...
* Sergeant-at-Arms: John H. Kemper * Assistant Sergeant-at-Arms: George H. Knapp * Doorkeeper: Charles V. Schram * Assistant Doorkeeper: Nathaniel Saxton * Assistant Doorkeeper: David L. Shields * Assistant Doorkeeper: Elisha T. Burdick


State Assembly


Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature. Nicholas B. La Bau changed from the Senate to the Assembly. Party affiliations follow the listing in the ''Life Sketches''.


Employees

* Clerk: Cornelius W. Armstrong * Sergeant-at-Arms: Jared Sandford * Doorkeeper: James Swarthout * First Assistant Doorkeeper: * Second Assistant Doorkeeper:


Notes


Sources


''The New York Civil List''
compiled by Franklin Benjamin Hough, Stephen C. Hutchins and Edgar Albert Werner (1870; see pg. 439 for Senate districts; pg. 444 for senators; pg. 450–463 for Assembly districts; pg. 508f for assemblymen; and pg. 593ff for the Constitutional Convention)
''Journal of the Senate'' (91st Session)
(1868)
''Journal of the Assembly'' (91st Session)
(1868; Vol. II)
''Life Sketches of the State Officers, Senators, and Members of the Assembly of the State of New York in 1868''
by S. R. Harlow & S. C. Hutchins
''Journal of the Court for the Trial of Impeachments in the Case of Hon. Robert C. Dorn, a Canal Commissioner of the State of New York''
(1868) {{NYLegislatures 091 1868 in New York (state) 1868 U.S. legislative sessions