45th New York State Legislature

The 45th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to April 17, 1822, during the fifth year of DeWitt Clinton's governorship, in Albany.

45th New York State Legislature
←44th 46th→
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1821 – December 31, 1822[1]
Senate
Members32
PresidentLt. Gov. John Tayler (Clint.)
Party controlSplit (16-16)
Assembly
Members126
SpeakerSamuel B. Romaine (Buckt.)
Party controlBucktail (70-52)
Sessions
1stJanuary 2 – April 17, 1822

Background

Under the provisions of the New York Constitution 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 resigned in 1821, leaving a vacancy in the Western District.

On March 13, 1821, the 44th New York State Legislature 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 and the Democratic-Republicans.[2] The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton) and the Bucktails (led by Martin Van Buren, and including the Tammany Hall 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 (Southern D.), Abraham J. Hasbrouck (Middle D.), David C. Judson, Daniel Shipherd, John L. Viele (all three Eastern D.), Henry Seymour ( Western D.); and Assemblymen Abraham Gurnee (Southern D.), Archibald McIntyre (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 New York Constitution 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 (Buckt.) was elected Speaker with 74 votes against 44 for George Huntington (Clint.). Edward Livingston (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)[3] were dismembered, and every county became a district. The total number of assemblymen was increased from 126 to 128.[4]

On April 17, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.[5]

State Senate

Districts
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. 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.

District Senators Term left Party Notes
Southern John Townsend* 1 year Dem.-Rep./Bucktail elected to the Council of Appointment
Peter R. Livingston* 2 years Dem.-Rep./Bucktail
Walter Bowne* 3 years Dem.-Rep./Bucktail
John Lefferts* 3 years Dem.-Rep./Bucktail also a delegate to the Constitutional Convention
Abraham Gurnee* 4 years Dem.-Rep./Bucktail
Abel Huntington 4 years Dem.-Rep./Bucktail
Middle Moses Austin* 1 year Dem.-Rep./Bucktail
William Ross* 1 year Dem.-Rep./Clintonian
Charles E. Dudley* 2 years Dem.-Rep./Bucktail also Mayor of Albany;
elected to the Council of Appointment
John T. More* 2 years Dem.-Rep./Bucktail
William C. Bouck* 3 years Dem.-Rep./Bucktail also an Erie Canal Commissioner
Tilly Lynde* 3 years Dem.-Rep./Bucktail
John J. Miller* 3 years Dem.-Rep./Bucktail
Abraham J. Hasbrouck 4 years Dem.-Rep./Clintonian
Archibald McIntyre* 4 years Dem.-Rep./Clintonian
Eastern Levi Adams* 1 year Dem.-Rep./Clintonian
George Rosecrantz* 1 year Dem.-Rep./Clintonian
Thomas Frothingham* 2 years Dem.-Rep./Clintonian
Duncan McMartin Jr.* 2 years Dem.-Rep./Clintonian
Benjamin Mooers* 2 years Dem.-Rep./Bucktail elected to the Council of Appointment
David C. Judson 4 years Dem.-Rep./Clintonian
Daniel Shipherd 4 years Dem.-Rep./Clintonian
John L. Viele 4 years Dem.-Rep./Clintonian
Western[6] Gamaliel H. Barstow* 1 year Dem.-Rep./Clintonian also First Judge of the Tioga County Court
Perry G. Childs* 1 year Dem.-Rep./Bucktail elected to the Council of Appointment
David E. Evans* 1 year Dem.-Rep./Bucktail
Lyman Paine* 2 years Dem.-Rep./Clintonian
Henry Seymour 2 years Dem.-Rep./Bucktail elected to fill vacancy, in place of Gideon Granger
Ephraim Hart* 3 years Dem.-Rep./Clintonian
Oliver Forward* 3 years Dem.-Rep./Clintonian
Elijah Miles* 3 years Dem.-Rep./Clintonian
Samuel M. Hopkins* 4 years Dem.-Rep./Clintonian

Employees

State Assembly

Districts
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.

District Assemblymen Party Notes
Albany James McKown* Fed./Clintonian
William McKown Fed./Clintonian
Volkert D. Oothoudt Fed./Clintonian
John P. Shear Fed./Clintonian
Allegany
and Steuben		 Amos Peabody
Grattan H. Wheeler
Broome Chauncey Hyde Dem.-Rep./Bucktail
Cattaraugus,
Chautauqua,
Erie and
Niagara		 Thomas B. Campbell Dem.-Rep./Clintonian
David Eason Dem.-Rep./Bucktail contested by Isaac Phelps Jr. who was seated on January 5, 1822[7]
Cayuga Samuel Dill
Charles Kellogg*
Ephraim Marsh
Chenango William Mason* Dem.-Rep./Clintonian
Edmond G. Per Lee*
John Tracy* Dem.-Rep./Bucktail also Surrogate of Chenango Co.
Clinton and
Franklin		 Abijah North Dem.-Rep./Bucktail
Columbia Philip P. Clum
Elisha Gilbert Jr. Fed./Clintonian
George T. Snyder
Augustus Tremain
Cortland Daniel Sherwood
Delaware Benjamin Benedict
Asa Grant
Dutchess John Cox
Daniel Northrup
Philo Ruggles Clintonian
Benjamin Sherman
George Vanderburgh
Essex Isaac Finch Dem.-Rep./Bucktail
Genesee Robert Anderson
Benedict Brooks
Samuel McWhorter
Greene James Powers Fed./Clintonian
Jacob Roggen Fed./Clintonian
Hamilton and
Montgomery		 John W. Cady Dem.-Rep./Clintonian in November 1822, elected to the 18th U.S. Congress
Nicholas Gros
James McIntyre Dem.-Rep./Clintonian
Henry Valentine
Joshua Webster
Herkimer Christopher P. Bellinger Dem.-Rep./Bucktail contested by Stephen Todd (F/C) who was seated in January 1822[8]
Simeon Ford* Fed./Clintonian also D.A. of Herkimer Co.
Robert Shoemaker Fed./Clintonian
Jefferson George Andrus Dem.-Rep./Clintonian
John B. Esselstyn Dem.-Rep./Clintonian
Kings Jeremiah Lott* Fed./Clintonian
Lewis Chester Buck
Livingston George Smith
Madison Pardon Barnard
Henry Clark Jr.
Justin Dwinell* Dem.-Rep./Bucktail
Monroe Nathaniel Rochester Dem.-Rep./Bucktail
New York Philip Brasher
George Buckmaster Dem.-Rep./Bucktail
Clarkson Crolius* Dem.-Rep./Bucktail
Junius H. Hatch
Cornelius Heeney* Dem.-Rep./Bucktail
Jeromus Johnson Dem.-Rep./Bucktail
John Morss Dem.-Rep./Bucktail
Reuben Munson*
Samuel B. Romaine* Dem.-Rep./Bucktail elected Speaker
Michael Ulshoeffer* Dem.-Rep./Bucktail
Gulian C. Verplanck* Dem.-Rep./Bucktail
Oneida and
Oswego		 Greene C. Bronson Clintonian
Samuel Chandler
George Huntington* Fed./Clintonian
Peter Pratt
Israel Stoddard
Onondaga Josephus Barker
Silvester Gardner
James Geddes Fed./Clintonian
David Munro Dem.-Rep./Bucktail
Ontario Birdseye Brooks
Byram Green
Isaac Marsh
Aaron Remer
David White
Orange James Burt* Dem.-Rep./Bucktail
Egbert Jansen
Joseph McLaughlin
Abraham Shultz
Otsego John Blakeley* Dem.-Rep./Bucktail
Calvin Brookins
George Fenno
Joseph Mumford
Artemas Sheldon
Putnam Edward Smith
Queens William Jones Fed./Clintonian
Timothy Nostrand Fed./Clintonian
Thomas Tredwell Fed./Clintonian
Rensselaer Daniel Gray Fed./Clintonian
James Jones
Harper Rogers
Levi Rumsey
Gardner Tracy
Richmond Samuel Barton* Dem.-Rep./Bucktail
Rockland Cornelius Blauvelt
St. Lawrence William H. Vining did not take his seat, and died in 1822
Saratoga Thomas Collamer
Conrad Cramer
John Gilchrist
John Prior
Schenectady John F. D. Vedder Dem.-Rep./Bucktail
James Walker Dem.-Rep./Bucktail
Schoharie Abraham Keyser, Jr.* Dem.-Rep./Bucktail
Freegift Patchin* Dem.-Rep./Bucktail
Harvey Watson Dem.-Rep./Clintonian
Seneca James Dickson
John Maynard also Seneca County Clerk
Suffolk Hugh Halsey
Tredwell Scudder
John M. Williamson*
Sullivan
and Ulster		 John Brodhead Jr. Fed./Clintonian
Charles Bruyn Fed./Clintonian
Jacob J. Hasbrouck Fed./Clintonian
William A. Stokes
Tioga Jared Patchin
Tompkins Samuel Crittenden*
Peter Hager 2d* Dem.-Rep./Bucktail
Warren and
Washington		 John Baker
Duncan Cameron
Silas D. Kellogg
William McDonald
James Teft
Westchester Joseph Hunt Dem.-Rep./Bucktail
Thomas Smith Dem.-Rep./Bucktail
Enoch Thompson Dem.-Rep./Bucktail

Employees
  • Clerk: Edward Livingston
  • Sergeant-at-Arms: Henry Fryer
  • Doorkeeper: James Myers
  • Assistant Doorkeeper: William Campbell

Notes
  1. The new Constitution extended the term of the incumbent legislators by half a year until the end of 1822, but no session was held during the extension.
  2. 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 parties.
  3. Hamilton Co. had been created in 1816, but was not properly organized until 1838.
  4. Laws of the State of New York (1822, pg. 203f)
  5. Laws of the State of New York (1822, pg. 267)
  6. It remains unclear who (Hopkins or Seymour) was elected to the full term, and whom to fill the vacancy, since both were legislated out of office at the end of this session.
  7. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 47ff)
  8. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 45ff)

Sources
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