95th New York State Legislature
The 95th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to May 14, 1872, during the fourth year of John T. Hoffman's governorship, in Albany.
| 95th New York State Legislature | |||||
|---|---|---|---|---|---|
| |||||
 The Old State Capitol (1879) | |||||
| Overview | |||||
| Legislative body | New York State Legislature | ||||
| Jurisdiction | New York, United States | ||||
| Term | January 1 – December 31, 1872 | ||||
| Senate | |||||
| Members | 32 | ||||
| President | Lt. Gov. Allen C. Beach (D) | ||||
| Temporary President | William B. Woodin (R) | ||||
| Party control | Republican (24-5-2) | ||||
| Assembly | |||||
| Members | 128 | ||||
| Speaker | Henry Smith (R) | ||||
| Party control | Republican (98-26-4) | ||||
| Sessions | |||||
| |||||
Background
Under the provisions of the New York Constitution 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,[1] forming a contiguous area, all within the same county.
At this time there were two major political parties: the Republican Party and the Democratic Party.
Elections
The 1871 New York state election was held on November 7. All seven statewide elective offices up for election were carried by the Republicans. The approximate party strength at this election, as expressed by the vote for Secretary of State, was: Republicans 387,000 and Democrats 368,000.
Sessions
The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1872; and adjourned on May 14.
Henry Smith (R) was elected Speaker with 95 votes against 26 for John C. Jacobs (D).
In his annual message to the Legislature, Gov. John T. Hoffman suggested that a bi-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each judicial district, appointed by the Governor, and confirmed by the State Senate, equally divided between Democrats and Republicans.
William B. Woodin (R) was elected President pro tempore of the State Senate.
On May 1, Supreme Court Justice Albert Cardozo tendered his resignation, just before the report of the Judiciary Committee of the Assembly, which proposed his impeachment, was read. No further action was taken against Cardozo.[2]
On May 2, the Assembly impeached Supreme Court Justice George G. Barnard.[3]
On May 23, the Senate set the opening of the trial of Judge John McCunn, of the New York City Marine Court, for June 18.[4]
On June 18, the Senate met for the trials of Judge McCunn, and Chenango County Judge Horace G. Prindle.[5]
On July 2, the Senate removed Judge McCunn from office.[6]
On July 17, the New York Court for the Trial of Impeachments met at Saratoga, to open the trial of Justice Barnard.
On August 19, Barnard was convicted by the Impeachment Court, was removed from office, and barred from ever holding public office again.[7]
On December 4, the Constitutional Commission met.
State Senate
Districts
- 1st District: Queens, Richmond and Suffolk counties
- 2nd District: 1st, 2nd, 3rd, 4th, 5th, 7th, 11th, 13th, 15th, 19th and 20th wards of the City of Brooklyn
- 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 and Dutchess counties
- 12th District: Rensselaer and Washington counties
- 13th District: Albany County
- 14th District: Greene and Ulster counties
- 15th District: Fulton, Hamilton, Montgomery, Saratoga and Schenectady counties
- 16th District: Clinton, Essex and Warren counties
- 17th District: Franklin and St. Lawrence counties
- 18th District: Jefferson and Lewis counties
- 19th District: Oneida County
- 20th District: Herkimer and Otsego counties
- 21st District: Madison and Oswego counties
- 22nd District: Onondaga and Cortland counties
- 23rd District: Chenango, Delaware and Schoharie counties
- 24th District: Broome, Tompkins and Tioga counties
- 25th District: Cayuga and Wayne counties
- 26th District: Ontario, Seneca and Yates counties
- 27th District: Chemung, Schuyler and Steuben counties
- 28th District: Monroe County
- 29th District: Genesee, Niagara and Orleans counties
- 30th District: Allegany, Livingston and Wyoming counties
- 31st District: Erie County
- 32nd District: Cattaraugus and Chautauqua 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. Isaac V. Baker Jr., Webster Wagner and James H. Graham changed from the Assembly to the Senate.
| District | Senator | Party | Notes |
|---|---|---|---|
| 1st | Townsend D. Cock | Democrat | |
| 2nd | John C. Perry | Republican | |
| 3rd | Henry C. Murphy* | Democrat | re-elected |
| 4th | (William M. Tweed)* | Democrat | re-elected; did not take his seat; unsuccessfully contested by Jeremiah O'Donovan Rossa[8] |
| 5th | Erastus C. Benedict | Republican | |
| 6th | Augustus Weismann | Republican | |
| 7th | James O'Brien | Reform Democrat | |
| 8th | Daniel F. Tiemann | Reform Democrat | |
| 9th | William H. Robertson | Republican | |
| 10th | Edward M. Madden | Republican | |
| 11th | Abiah W. Palmer | Republican | |
| 12th | Isaac V. Baker Jr.* | Republican | |
| 13th | Charles H. Adams | Republican | |
| 14th | Jacob Hardenbergh* | Democrat | re-elected; died on April 29, 1872 |
| William F. Scoresby | Lib. Rep./Dem. | elected to fill vacancy; seated on November 22[9] | |
| 15th | Webster Wagner* | Republican | |
| 16th | Samuel Ames | Republican | |
| 17th | Wells S. Dickinson | Republican | |
| 18th | Norris Winslow* | Republican | re-elected |
| 19th | Samuel S. Lowery | Republican | |
| 20th | Archibald C. McGowan | Republican | |
| 21st | William Foster | Republican | |
| 22nd | Daniel P. Wood | Republican | |
| 23rd | James H. Graham* | Republican | |
| 24th | Thomas I. Chatfield | Republican | |
| 25th | William B. Woodin* | Republican | re-elected |
| 26th | William Johnson | Democrat | |
| 27th | Gabriel T. Harrower | Republican | |
| 28th | Jarvis Lord* | Democrat | re-elected |
| 29th | George Bowen* | Republican | re-elected |
| 30th | James Wood* | Republican | re-elected |
| 31st | Loran L. Lewis* | Republican | re-elected |
| 32nd | Norman M. Allen | Republican | |
Employees
- Clerk: James Terwilliger, resigned February 14
- Charles R. Dayton, from February 17
- Sergeant-at-Arms: Edwin J. Loomis
- Doorkeeper: Daniel K. Schram
- Assistant Doorkeeper: J. D. Lonergan
- Journal Clerk: Charles R. Dayton, until February 17
State Assembly
Assemblymen
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
Party affiliations follow the vote for Speaker.
| District | Assemblymen | Party | Notes | |
|---|---|---|---|---|
| Albany | 1st | Stephen Springsted | Republican | |
| 2nd | Henry Smith | Republican | elected Speaker | |
| 3rd | Daniel L. Babcock | Republican | ||
| 4th | George B. Mosher | Democrat | ||
| Allegany | William W. Crandall | Republican | ||
| Broome | William M. Ely* | Republican | died on February 6, 1872[10] | |
| William L. Ford | Republican | elected to fill vacancy | ||
| Cattaraugus | 1st | Commodore P. Vedder | Republican | |
| 2nd | Enoch Holdridge | Republican | ||
| Cayuga | 1st | Ira D. Brown | Republican | |
| 2nd | Elijah E. Brown | Republican | ||
| Chautauqua | 1st | Matthew P. Bemus* | Republican | |
| 2nd | Jerome Preston | Republican | ||
| Chemung | David B. Hill* | Democrat | ||
| Chenango | Andrew Shepardson* | Republican | ||
| Clinton | Edmund Kingsland 2d | Republican | ||
| Columbia | 1st | Benjamin Ray* | Democrat | |
| 2nd | Milton M. Tompkins | Democrat | ||
| Cortland | Dan C. Squires | Republican | ||
| Delaware | 1st | William Lewis Jr. | Republican | |
| 2nd | Matthew Griffin | Republican | ||
| Dutchess | 1st | Edward M. Goring | Republican | |
| 2nd | Harvey G. Eastman | Republican | also Mayor of Poughkeepsie | |
| Erie | 1st | George Chambers* | Democrat | |
| 2nd | George Baltz | Republican | ||
| 3rd | Franklin A. Alberger* | Republican | ||
| 4th | John Simson | Republican | ||
| 5th | John M. Wiley* | Democrat | ||
| Essex | Franklin W. Tobey | Republican | ||
| Franklin | James H. Pierce* | Republican | ||
| Fulton and Hamilton | Samuel W. Buell | Democrat | ||
| Genesee | Volney G. Knapp* | Republican | ||
| Greene | Augustus Hill | Democrat | ||
| Herkimer | Eleazer C. Rice | Republican | ||
| Jefferson | 1st | Oliver C. Wyman* | Republican | |
| 2nd | William W. Enos | Republican | ||
| Kings | 1st | David C. Aitken* | Democrat | |
| 2nd | Edward D. White | Republican | ||
| 3rd | Dominick H. Roche* | Democrat | ||
| 4th | William W. Moseley* | Democrat | ||
| 5th | Eugene D. Berri | Republican | ||
| 6th | Peter G. Peck | Republican | ||
| 7th | Charles B. Morton | Republican | ||
| 8th | George C. Bennett | Republican | ||
| 9th | John C. Jacobs* | Democrat | ||
| Lewis | Amos V. Smiley | Republican | ||
| Livingston | Archibald Kennedy | Republican | ||
| Madison | 1st | John W. Lippitt | Republican | |
| 2nd | Francis A. Hyatt | Republican | ||
| Monroe | 1st | George A. Goss | Republican | |
| 2nd | George D. Lord* | Democrat | ||
| 3rd | Leonard Burritt | Republican | ||
| Montgomery | William J. Van Dusen | Republican | ||
| New York | 1st | James Healey | Democrat | |
| 2nd | James Dunphy | Democrat | contested by Henry G. Leash | |
| 3rd | James Hayes | Democrat | ||
| 4th | John J. Blair* | Democrat | contested by William McMahon | |
| 5th | David S. Paige | Reform Democrat | ||
| 6th | Timothy J. Campbell* | Democrat | ||
| 7th | Horatio N. Twombly | Republican | ||
| 8th | Conrad Geib | Republican | ||
| 9th | Stephen Pell[11] | Republican | ||
| 10th | Henry H. Haight | Reform Democrat | ||
| 11th | Rush C. Hawkins | Republican | ||
| 12th | William W. Cook* | Democrat | ||
| 13th | George H. Mackay | Republican | ||
| 14th | John A. Foley | Reform Democrat | ||
| 15th | Alexander Frear* | Democrat | contested;[12] seat vacated on March 1 | |
| Frederick Kilian | Republican | seated on March 1[13] | ||
| 16th | Nicholas Haughton | Democrat | ||
| 17th | Charles A. Flammer | Republican | ||
| 18th | Samuel J. Tilden | Reform Democrat | ||
| 19th | Thomas C. Fields* | Democrat | unsuccessfully contested[14] | |
| 20th | Severn D. Moulton | Republican | ||
| 21st | William A. Whitbeck | Republican | ||
| Niagara | 1st | Isaac H. Babcock | Republican | |
| 2nd | George M. Swain | Republican | ||
| Oneida | 1st | Martin L. Hungerford | Republican | |
| 2nd | Eleazer Beckwith | Republican | ||
| 3rd | George K. Carroll | Democrat | ||
| 4th | Albert L. Hayes | Republican | ||
| Onondaga | 1st | Thomas G. Alvord* | Republican | |
| 2nd | Peter Burns* | Republican | ||
| 3rd | Gustavus Sniper* | Republican | ||
| Ontario | 1st | Ambrose L. Van Dusen | Republican | |
| 2nd | Cyrillo S. Lincoln | Republican | ||
| Orange | 1st | Robert H. Strahan* | Republican | |
| 2nd | Frank Abbott | Republican | ||
| Orleans | E. Kirke Hart | Republican | ||
| Oswego | 1st | Daniel G. Fort | Republican | |
| 2nd | Thomas W. Green | Republican | ||
| 3rd | Chauncey S. Sage* | Republican | ||
| Otsego | 1st | Alfred Chamberlain* | Democrat | |
| 2nd | J. Lee Tucker* | Republican | ||
| Putnam | James B. Dykeman | Republican | ||
| Queens | 1st | L. Bradford Prince* | Republican | |
| 2nd | James M. Oakley* | Democrat | ||
| Rensselaer | 1st | Jason C. Osgood | Republican | |
| 2nd | John L. Snyder | Republican | ||
| 3rd | Castle W. Herrick | Republican | ||
| Richmond | David W. Judd | Republican | ||
| Rockland | Daniel Tompkins | Republican | ||
| St. Lawrence | 1st | Darius A. Moore | Republican | |
| 2nd | Dolphus S. Lynde* | Republican | ||
| 3rd | Parker W. Rose | Republican | ||
| Saratoga | 1st | George West | Republican | |
| 2nd | Nathaniel M. Houghton | Republican | ||
| Schenectady | William Greenhalgh | Republican | ||
| Schoharie | Peter Couchman | Democrat | ||
| Schuyler | Harmon L. Gregory | Republican | ||
| Seneca | Peter Lott | Republican | ||
| Steuben | 1st | Thomas M. Fowler | Republican | |
| 2nd | James B. Murdock | Republican | ||
| Suffolk | John S. Marcy | Republican | ||
| Sullivan | Frank Buckley* | Democrat | ||
| Tioga | William Smyth | Republican | ||
| Tompkins | Anson W. Knettles | Republican | ||
| Ulster | 1st | Robert Loughran | Republican | |
| 2nd | C. Meech Woolsey* | Republican | ||
| 3rd | Allen A. Whitaker | Republican | ||
| Warren | Joseph Woodward | Republican | ||
| Washington | 1st | Edmund W. Hollister | Republican | |
| 2nd | George W. L. Smith | Republican | ||
| Wayne | 1st | Edward B. Wells | Republican | |
| 2nd | Lucien T. Yeomans | Republican | ||
| Westchester | 1st | William W. Niles | Republican | |
| 2nd | Albert Badeau | Republican | ||
| 3rd | James W. Husted* | Republican | ||
| Wyoming | John N. Davidson | Republican | ||
| Yates | George P. Lord* | Republican | ||
Employees
- Clerk: Cornelius S. Underwood, died on April 27, 1872
- Edward M. Johnson, from May 1, 1872[15]
- Sergeant-at-Arms: Philip J. Rhinehardt
- Doorkeeper: Eugene L. Demers
- First Assistant Doorkeeper: James H. Lee
- Second Assistant Doorkeeper: James Hogan
Notes
- Except New York City where the wards were apportioned into election districts, and then some whole wards and some election districts of other wards were gerrymandered together into Assembly districts.
- OUR CORRUPT JUDGES in NYT on May 2, 1872
- ALBANY; The Impeachment of Judge George G. Barnard in NYT on May 3, 1872
- THE STATE SENATE; Executive Session on the Accused Judges' Cases in NYT on May 24, 1872
- TRIAL OF THE JUDGES in NYT on June 19, 1872; Prindle was acquitted in January 1873.
- EXIT McCUNN in NYT on July 3, 1872
- Exit Barnard in NYT on August 20, 1872
- Tweed did not claim the seat, and his chair remained empty throughout the session. A resolution to vacate the seat, and then call a special election to fill the seat, was proposed, but no action was taken. O'Donovan Rossa, who had lost the senatorial election to Tweed, claimed the seat, but was not seated; see THE STATE LEGISLATURE; Tweeds Empty Chair in NYT on March 5, 1873; and ALBANY; AN ASPIRANT TO TWEED'S SEAT in NYT on April 15, 1873
- see THE STATE SENATE in NYT on November 23, 1872
- see OBITUARY; William M. Ely in NYT on February 7, 1872
- Stephen Pell (1822–1896), see DEATH LIST OF A DAY; Stephen Pell in NYT on November 29, 1896
- see HOW FREAR WAS ELECTED in NYT on February 29, 1872
- see ALBANY NEWS; Frederick Killian (sic) Accorded His Seat in the Assembly in NYT on March 2, 1872
- A number of voters from the 19th District petitioned the Assembly to vacate Fields's seat, and then call a special election to fill the vacancy, but no action was taken by the Assembly.
- see Journal of the Assembly, Vol. 2, pg. 1625
Sources
- Civil List and Constitutional History of the Colony and State of New York compiled by Edgar Albert Werner (1884; see pg. 276 for Senate districts; pg. 290 for senators; pg. 298–304 for Assembly districts; and pg. 372f for assemblymen)
- Journal of the Assembly (95th Session) (1872, Vol. I, January 2 to April 9, 1872)
- Journal of the Assembly (95th Session) (1872, Vol. II, April 9 to May 14, 1872)
- Senators Elected and Assemblymen Elected in Corning Journal on November 16, 1871
- THE ASSEMBLY in NYT on December 1, 1871
- THE REFORM LEGISLATURE in NYT on January 3, 1872
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