46th New York State Legislature

The 46th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to April 24, 1823, during the first year of Joseph C. Yates's governorship, in Albany.

46th New York State Legislature
←45th 47th→
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJanuary 1 – December 31, 1823
Senate
Members32
PresidentLt. Gov. Erastus Root (Buckt.)
Party controlDem.-Rep. (unan.)
Assembly
Members128
SpeakerPeter R. Livingston (Buckt.)
Party controlBucktail
Sessions
1stJanuary 7 – April 24, 1823

Background

A Constitutional Convention met from August 28 to November 10, 1821, and the new Constitution was adopted by the voters in January 1822. Under the provisions of the New York Constitution 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.

The new Constitution legislated Gov. DeWitt Clinton and Lt. Gov. John Tayler out of office at the end of 1822. Besides, the Council of Appointment was abolished, and the State officers were to be elected by the State Legislature.

On April 12, 1822, the Legislature re-apportioned the Assembly districts. All previously existing multiple-county districts (except Hamilton and Montgomery)[1] were dismembered, and every county became a district. The total number of assemblymen was increased from 126 to 128.[2]

On April 17, 1822, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.[3]

At this time New York politics were dominated by the Bucktails faction of the Democratic-Republican Party.[4] The opposing Democratic-Republican faction, the "Clintonians" disappeared after DeWitt Clinton decided not to run in the New York gubernatorial election, 1822; and the Federalist Party had virtually disbanded. Nevertheless, in some districts Clintonian or Federalist Senate and Assembly tickets were put up in opposition to the Bucktails (which were considered the "regular" Democratic-Republican nominees), but without much success.

The Bucktails nominated Supreme Court Justice Joseph C. Yates for Governor, and Erastus Root for Lieutenant Governor. The Clintonians made no nomination for Governor, but nominated Henry Huntington for Lieutenant Governor. Solomon Southwick nominated himself for Governor.

Elections

The State election was held from November 4 to 6, 1822. Joseph C. Yates and Erastus Root were elected. All 32 State senators were elected on the regular Democratic-Republican tickets.

Sessions

The Legislature met at the Old State Capitol in Albany on January 7, 1823, and adjourned on April 24.

Peter R. Livingston (Buckt.) was elected Speaker with 117 votes out of 123.

On January 27, the Senate rejected the re-appointment of Chief Justice Ambrose Spencer and Associate Supreme Court Justices Jonas Platt and John Woodworth; and confirmed the appointment of Nathan Sanford as Chancellor to succeed James Kent.

On January 28, Gov. Yates nominated State Comptroller John Savage as Chief Justice; and Jacob Sutherland and Samuel R. Betts as associate justices.

On January 29, Savage and Sutherland were confirmed, but the appointment of Betts was rejected. Thereupon Gov. Yates re-nominated Woodworth who was confirmed after some debate by a slim margin.

On February 13, the Legislature elected Secretary of State John Van Ness Yates, Attorney General Samuel A. Talcott and Surveyor General Simeon De Witt to succeed themselves; and William L. Marcy to succeed Savage as State Comptroller.

On March 31, the Legislature appointed Edwin Croswell and Isaac Q. Leake as State Printers.

On April 17, the Legislature enacted that there shall be eight New York State Circuit Courts, one in each senatorial district. Gov. Yates nominated as judges: Ogden Edwards (1st D.); Samuel R. Betts (2nd D.); William A. Duer (3rd D.); Reuben H. Walworth (4th D.); Nathan Williams (5th D.); Samuel Nelson (6th D.); Enos T. Throop (7th D.) and William B. Rochester (8th D.). They were confirmed on April 21.

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. James Burt and Byram Green changed from the Assembly to the Senate.

Under the provisions of the new Constitution, upon taking office the senators were classified by drawing lots to terms of one, two, three or four years, as shown in the table below.

District Senators Term left Party Notes
First John A. King 1 year Dem.-Rep.
Walter Bowne* 2 years Dem.-Rep.
John Lefferts* 3 years Dem.-Rep.
Jasper Ward 4 years Dem.-Rep.
Second John Hunter 1 year Dem.-Rep.
John Sudam 2 years Dem.-Rep.
Stephen Thorn 3 years Dem.-Rep.
James Burt* 4 year Dem.-Rep.
Third Edward P. Livingston 1 year Dem.-Rep.
vacant 2 years Jacob Sutherland did not take his seat[5]
Charles E. Dudley* 3 years Dem.-Rep. also Mayor of Albany
James Mallory 4 years Dem.-Rep.
Fourth David Erwin 1 year Dem.-Rep.
Melancton Wheeler 2 years Dem.-Rep.
John Cramer 3 years Dem.-Rep.
Archibald McIntyre* 4 years Dem.-Rep.
Fifth Samuel Beardsley 1 year Dem.-Rep. in March 1823, appointed U.S. Atty. for the Northern D. of NY,
and resigned his seat at the end of the session in April[6]
Alvin Bronson 2 years Dem.-Rep.
Thomas Greenly 3 years Dem.-Rep.
Sherman Wooster 4 years Dem.-Rep.
Sixth Samuel G. Hathaway 1 year Dem.-Rep.
Farrand Stranahan 2 years Dem.-Rep.
Tilly Lynde* 3 years Dem.-Rep.
Isaac Ogden 4 years Dem.-Rep.
Seventh Silas Bowker 1 year Dem.-Rep.
Byram Green* 2 years Dem.-Rep.
Jesse Clark 3 years Dem.-Rep.
Jonas Earll, Jr. 4 years Dem.-Rep.
Eighth Timothy H. Porter 1 year Dem.-Rep.
David Eason 2 years Dem.-Rep.
Heman J. Redfield 3 years Dem.-Rep. also D.A. of Genesee Co.
Joseph Spencer 4 years Dem.-Rep. died May 2, 1823

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. Peter R. Livingston changed from the Senate to the Assembly.

District Assemblymen Party Notes
Albany Abraham Brooks
Jesse Buel Dem.-Rep./Bucktail
Abraham Rosecrantz
Allegany James McCall Dem.-Rep./Bucktail
Broome Jonathan Lewis
Cattaraugus Stephen Crosby
Cayuga Josiah Bevier
Elijah Drake
John Jakway
John O'Hara
Chautauqua James Mullett Jr. Dem.-Rep./Bucktail
Chenango Silas Holmes
Austin Hyde
Stephen Stillwell
Clinton Azariah C. Flagg Dem.-Rep./Bucktail
Columbia Abraham P. Holdridge Clintonian
Stephen Storm
John Van Deusen
Cortland John Gillet
Daniel Sherwood*
Delaware Asa Grant*
Samuel Rexford
Dutchess Wheeler Gilbert
Prince Hoag
Peter R. Livingston* Dem.-Rep./Bucktail elected Speaker
Samuel M. Thurston
Erie Ebenezer F. Norton Dem.-Rep./Bucktail
Essex Asa Adgate
Franklin William Hogan
Genesee Apollos P. Auger
William Bristol
Josiah Churchill
Otis Turner
Greene Reuben Hosford Dem.-Rep./Bucktail
Williams Seaman Dem.-Rep./Bucktail
Hamilton and
Montgomery		 George D. Ferguson
Alvin Harris
Christian Klock
Joseph Spier
Herkimer Abijah Beckwith Dem.-Rep.
John Dygert
Henry Tillinghast
Jefferson Walter Cole
Richard Goodell Dem.-Rep./Bucktail
Converse Johnson
Kings William Conselyea Jr. Dem.-Rep./Bucktail
Lewis Abner W. Spencer
Livingston William Janes
Matthew Warner previously a member from Ontario Co.
Madison Rutherford Barker
Daniel M. Gillet
Curtis Hoppin
Monroe John Bowman Dem.-Rep./Bucktail
Samuel B. Bradley Clintonian
Simon Stone 2d Clintonian
New York Philip Brasher*
John L. Broome
Samuel S. Gardiner
Jesse Hoyt Dem.-Rep./Bucktail
Thomas Hyatt
Gideon Lee
John Morss* Dem.-Rep./Bucktail
John Rathbone Jr.
William A. Thompson
Gulian C. Verplanck* Dem.-Rep./Bucktail
Niagara Benjamin Barlow Jr. Clintonian
Oneida Uri Doolittle Dem.-Rep.
Thomas H. Hamilton
James Lynch Dem.-Rep./Bucktail
Henry Wager Dem.-Rep./Bucktail
Samuel Wetmore
Onondaga Timothy Barber
Victory Birdseye Dem.-Rep./Bucktail also D.A. of Onondaga Co.
Samuel L. Edwards Dem.-Rep./Bucktail
Harold White
Ontario Birdseye Brooks*
Richard Hogarth
Jacob Leach
Aaron Remer*
Ira Selby
Philetus Swift Dem.-Rep./Bucktail
Orange David Christie
William Finn
Isaac Van Duzer
Samuel Webb
Oswego Theophilus S. Morgan
Otsego William Hall
Isaac Hayes Dem.-Rep.
Samuel M. Ingalls
William Utter
Putnam William Watts
Queens John D. Hicks Dem.-Rep./Bucktail
Benjamin T. Kissam Dem.-Rep./Bucktail
Rensselaer Joseph Case (assemblyman)
Gilbert Eddy Dem.-Rep./Bucktail
Chester Griswold
Stephen Warren
Richmond Isaac R. Housman
Rockland John I. Suffern
St. Lawrence Nathaniel F. Winslow
Saratoga Samuel Belding
Valentine Campbell
John Pettit
Schenectady Peter H. Brooks
Schoharie William Dietz
Peter W. Snyder
Seneca Jonas Seely
Ananias Wells Dem.-Rep./Bucktail
Steuben George McClure
William Woods Dem.-Rep. in November 1823, elected to the 18th U.S. Congress
Suffolk Joshua Fleet
Samuel Strong
Sullivan John Lindsley
Tioga Matthew Carpenter
Benjamin Jennings
Tompkins Jacob Conrad
Peter Hager 2d* Dem.-Rep./Bucktail
Ulster John Jansen Dem.-Rep./Bucktail
Wells Lake Dem.-Rep./Bucktail
Solomon Shaler Dem.-Rep./Bucktail
Warren William McDonald*
Washington Timothy Eddy
John King
Martin Lee
James McNaughten
Westchester Nehemiah Brown Jr.
St. John Constant
Thomas Smith* Dem.-Rep./Bucktail

Employees
  • Clerk: Edward Livingston
  • Sergeant-at-Arms: Henry Fryer
  • Doorkeeper: James Myers
  • Assistant Doorkeeper: Richard Ten Broeck

Notes
  1. Hamilton Co. had been created in 1816, but was not properly organized until 1838.
  2. Laws of the State of New York (1822, pg. 203f)
  3. Laws of the State of New York (1822, pg. 267)
  4. 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.
  5. Under the new Constitution, it was forbidden for State legislators to receive any appointment to a State office during the time of the legislative term for which he was elected, meaning that it was not only incompatible to hold legislative and executive offices at the same time, as was usual until 1822, but it was also useless to resign a seat to be then appointed. Sutherland claimed that he was elected to the Senate without his consent, did not take the seat, and was appointed to the New York Supreme Court.
  6. Beardsley did not appear at the session of the Court of for the Correction of Errors in September; see Reports of Cases argued and determined in the Supreme Court and in the Court for the Trial of Impeachments and the Correction of Errors in the State of New York compiled by Esek Cowen (1845; Vol. II; pg. 13)

Sources
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