81st New York State Legislature
The 81st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to April 19, 1858, during the second year of John A. King's governorship, in Albany.
| 81st 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, 1858 | ||||
| Senate | |||||
| Members | 32 | ||||
| President | Lt. Gov. Henry R. Selden (R) | ||||
| Temporary President | John B. Halsted (R), from January 12 | ||||
| Party control | Republican plurality (15-14-2-1) | ||||
| Assembly | |||||
| Members | 128 | ||||
| Speaker | Thomas G. Alvord (D) | ||||
| Party control | Republican plurality (61-57-10) | ||||
| 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 (four 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 13, the Legislature re-apportioned the Senate districts, and the Assembly seats per county. Cayuga, Dutchess, Genesee, Greene, Montgomery, Onondaga, Orange, Otsego, Schoharie and Tompkins counties lost one seat each; New York, Oswego, Queens, Ulster and Westchester counties gained one seat each; Kings County gained four seats; and the new Schuyler County was apportioned one seat.[1]
At this time there were two major political parties: the Democratic Party and the Republican Party. The Know Nothing movement ran in the election as the "American Party."
Elections
The New York state election, 1857 was held on November 3. All eight statewide elective offices were carried by the Democrats. The approximate party strength at this election, as expressed by the vote for Secretary of State was: Democratic 195,000; Republican 177,000; and American 67,000.
Sessions
The Legislature met for the regular session at the Old State Capitol in Albany on January 5, 1858; and adjourned on April 19.
On January 12, John B. Halsted (R) was elected president pro tempore of the State Senate..
On January 26, after three weeks of deadlock, Thomas G. Alvord (D) was elected Speaker on the 53rd ballot.[2]
| Ballot | Date | Robert B. Van Valkenburgh Rep. |
Thomas G. Alvord Dem. |
Samuel A. Law Amer. |
Frost Horton Amer. |
also ran |
|---|---|---|---|---|---|---|
| 1st | Jan. 5 | 60 | 56 | 9 | Adams | |
| 2nd | Jan. 5 | 60 | 56 | 9 | Russell | |
| 3rd | Jan. 5 | 60 | 56 | 9 | Bacheller | |
| 4th | Jan. 6 | 60 | 56 | 9 | ||
| 5th | Jan. 6 | 60 | 56 | 9 | ||
| 6th | Jan. 6 | 60 | 56 | 9 | ||
| 7th | Jan. 6 | 60 | 56 | 9 | ||
| 8th | Jan. 6 | 60 | 56 | 9 | ||
| 9th | Jan. 7 | 60 | 55 | 8 | ||
| 10th | Jan. 7 | 60 | 55 | 8 | Adams | |
| 11th | Jan. 7 | 60 | 55 | 8 | 1 | |
| 12th | Jan. 7 | 60 | 53 | 8 | Boughton | |
| 13th | Jan. 7 | 60 | 53 | 8 | Reynolds | |
| 14th | Jan. 11 | 58 | 54 | 7 | ||
| 15th | Jan. 11 | 58 | 54 | 7 | Becker | |
| 16th | Jan. 11 | 58 | 54 | 7 | Becker | |
| 17th | Jan. 11 | 58 | 54 | 7 | Becker | |
| 18th | Jan. 11 | 58 | 54 | 7 | Becker | |
| 19th | Jan. 11 | 58 | 54 | 7 | Becker | |
| 20th | Jan. 11 | 58 | 54 | 7 | Becker | |
| 21st | Jan. 12 | 58 | 54 | 7 | Hodge | |
| 22nd | Jan. 12 | 59 | 54 | 7 | Hodge | |
| 23rd | Jan. 12 | 58 | 54 | 7 | Hodge | |
| 24th | Jan. 12 | 58 | 53 | 7 | Hodge | |
| 25th | Jan. 13 | 60 | 55 | 7 | D. Miller | |
| 26th | Jan. 13 | 60 | 55 | 8 | D. Miller | |
| 27th | Jan. 13 | 60 | 55 | 8 | D. Miller | |
| 28th | Jan. 13 | 60 | 55 | 8 | D. Miller | |
| 29th | Jan. 13 | 60 | 55 | 8 | D. Miller | |
| 30th | Jan. 14 | 56 | 52 | 7 | Bacheller | |
| 31st | Jan. 14 | 56 | 52 | 7 | Bacheller | |
| 32nd | Jan. 14 | 56 | 52 | 7 | Bacheller | |
| 33rd | Jan. 14 | 56 | 52 | 7 | Bacheller | |
| 34th | Jan. 14 | 56 | 54 | 7 | Bacheller | |
| 35th | Jan. 14 | 55 | 51 | 7 | Bacheller | |
| 36th | Jan. 14 | 55 | 51 | 7 | Bacheller | |
| 37th | Jan. 14 | 55 | 51 | 7 | Bacheller | |
| 38th | Jan. 15 | 54 | 49 | 1 | 6 | |
| 39th | Jan. 15 | 54 | 49 | 1 | 7 | |
| 40th | Jan. 16 | 45 | 40 | 1 | 7 | |
| 41st | Jan. 16 | 45 | 40 | 1 | 7 | |
| 42nd | Jan. 19 | 54 | 48 | 1 | 7 | |
| 43rd | Jan. 19 | 54 | 48 | 1 | 7 | |
| 44th | Jan. 21 | 55 | 50 | 1 | 6 | |
| 45th | Jan. 21 | 55 | 50 | 1 | 6 | |
| 46th | Jan. 21 | 55 | 50 | 1 | 7 | |
| 47th | Jan. 21 | 55 | 50 | 1 | 7 | |
| 48th | Jan. 21 | 55 | 50 | 1 | 7 | |
| 49th | Jan. 21 | 55 | 50 | 1 | 7 | |
| 50th | Jan. 22 | 54 | 49 | 1 | 6 | |
| 51st | Jan. 22 | 52 | 47 | 1 | 6 | |
| 52nd | Jan. 26 | 54 | 49 | 1 | 7 | |
| 53rd | Jan. 26 | 55 | 57 | 2 | ||
State Senate
Districts
- 1st District: Queens, Richmond and Suffolk counties
- 2nd District: 1st, 2nd, 3rd, 4th, 5th, 7th, 11th, 13th and 19th wards of the City of Brooklyn
- 3rd District: 6th, 8th, 9th, 10th, 12th, 14th, 15th, 16th, 17th and 18th wards of the City of Brookland; and all towns in Kings County
- 4th District: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 14th wards of New York City
- 5th District: 10th, 11th, 13th and 17th wards of New York City
- 6th District: 9th, 15th, 16th and 18th wards of New York City
- 7th District: 12th, 19th, 20th, 21st and 22nd wards of New York City
- 8th District: Putnam, Rockland and Westchester counties
- 9th District: Orange and Sullivan counties
- 10th District: Greene and Ulster counties
- 11th District: Columbia and Dutchess counties
- 12th District: Rensselaer and Washington counties
- 13th District: Albany County
- 14th District: Delaware, Schenectady and Schoharie counties
- 15th District: Fulton, Hamilton, Montgomery and Saratoga 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: Oswego County
- 22nd District: Onondaga County
- 23rd District: Chenango, Cortland and Madison 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. James Noxon, John E. Paterson, John B. Halsted, James Wadsworth and John P. Darling were re-elected. George G. Scott and Ralph A. Loveland changed from the Assembly to the Senate.
Party affiliations follow the vote for Senate officers.
| District | Senator | Party | Notes |
|---|---|---|---|
| 1st | Joshua B. Smith | Democrat | |
| 2nd | Samuel Sloan | Democrat | |
| 3rd | Francis B. Spinola | Democrat | |
| 4th | John C. Mather | Democrat | |
| 5th | Smith Ely, Jr. | Democrat | |
| 6th | Richard Schell | Democrat | |
| 7th | John Doherty | Democrat | |
| 8th | Benjamin Brandreth | Democrat | |
| 9th | Osmer B. Wheeler | American | |
| 10th | George W. Pratt | Democrat | |
| 11th | William G. Mandeville | Democrat | |
| 12th | John D. Willard | Democrat | |
| 13th | George Y. Johnson | American | |
| 14th | Edward I. Burhans | Democrat | |
| 15th | George G. Scott* | Democrat | |
| 16th | Ralph A. Loveland* | Republican | |
| 17th | William A. Wheeler | Republican | |
| 18th | Joseph A. Willard | Republican | |
| 19th | Alrick Hubbell | Republican | |
| 20th | Addison H. Laflin | Republican | |
| 21st | Cheney Ames | Republican | |
| 22nd | James Noxon* | Republican | |
| 23rd | John J. Foote | Republican | |
| 24th | Lyman Truman | Republican | |
| 25th | Alexander B. Williams | Republican | |
| 26th | Truman Boardman | Republican | |
| 27th | Alexander S. Diven | Republican | |
| 28th | John E. Paterson* | Republican | |
| 29th | Horatio J. Stow | Independent[3] | |
| 30th | John B. Halsted* | Republican | on January 12, elected president pro tempore |
| 31st | James Wadsworth* | Democrat | resigned on August 18, 1858 |
| 32nd | John P. Darling* | Republican | also Supervisor of New Albion |
Employees
- Clerk: Samuel P. Allen
- Deputy Clerk: Henry J. Sickles
- Sergeant-at-Arms: Henry W. Dwight
- Assistant Sergeant-at-Arms: Simeon Dillingham
- Doorkeeper: Richard U. Owens
- First Assistant Doorkeeper: Henry W. Shipman
- Second Assistant Doorkeeper: Samuel Ten Eyck
- Third Assistant Doorkeeper: James P. Clark
- Journal Clerk: James Terwilliger
- Engrossing Clerks: A. N. Cole, Charles G. Fairman
State Assembly
Assemblymen
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
Party affiliations follow the original vote for Speaker.
| District | Assemblymen | Party | Notes | |
|---|---|---|---|---|
| Albany | 1st | Dwight Bacheller | American | |
| 2nd | George Wolford | Republican | ||
| 3rd | Cornelius W. Armstrong | Democrat | ||
| 4th | Charles H. Adams | American | ||
| Allegany | 1st | John M. Hammond | Republican | |
| 2nd | William F. Jones | Republican | ||
| Broome | John S. Palmer | Republican | ||
| Cattaraugus | 1st | Henry Van Aernam | Republican | |
| 2nd | William Buffington Jr. | Republican | ||
| Cayuga | 1st | David B. Baldwin | Republican | |
| 2nd | Chauncey M. Abbott | Republican | ||
| Chautauqua | 1st | Henry Bliss | Republican | |
| 2nd | Charles B. Green | Republican | ||
| Chemung | John Haggerty | Democrat | ||
| Chenango | 1st | Truxton G. Lamb | Republican | |
| 2nd | William Kales | Republican | ||
| Clinton | Zephaniah C. Platt | Democrat | ||
| Columbia | 1st | David Miller | American | |
| 2nd | Lorenzo Gile | Republican | ||
| Cortland | Nathan Bouton | Republican | ||
| Delaware | 1st | Fletcher Palmer | Republican | |
| 2nd | Samuel A. Law | American | ||
| Dutchess | 1st | Albert Emans | Democrat | |
| 2nd | Ambrose Wager | Democrat | ||
| Erie | 1st | Albert P. Laning | Democrat | |
| 2nd | Andrew J. McNett | Democrat | ||
| 3rd | John T. Wheelock | Democrat | ||
| 4th | Amos Avery | Republican | ||
| Essex | Monroe Hall | Republican | ||
| Franklin | Charles Russell | American | ||
| Fulton and Hamilton | John C. Holmes | Democrat | ||
| Genesee | Franklin G. Kingman | Republican | ||
| Greene | Daniel B. Strong | Democrat | ||
| Herkimer | 1st | William Coppernoll | Republican | |
| 2nd | Harris Lewis* | Republican | ||
| Jefferson | 1st | George Babbitt | Republican | |
| 2nd | Elihu C. Church | Republican | ||
| 3rd | Robert F. Austin | Republican | ||
| Kings | 1st | John A. Voorhees | Democrat | |
| 2nd | Moses S. Beach | Democrat | ||
| 3rd | Harmanus B. Duryea | Republican | ||
| 4th | David M. Chauncey | Democrat | ||
| 5th | John A. Dayton | Democrat | ||
| 6th | John Hanford* | Democrat | ||
| 7th | George W. Bleecker | Democrat | ||
| Lewis | Homer Collins | Republican | ||
| Livingston | 1st | John H. Jones | Democrat | |
| 2nd | Alfred Bell (politician)* | Republican | ||
| Madison | 1st | Lester M. Case | Republican | |
| 2nd | Robert Stewart | Republican | ||
| Monroe | 1st | Jarvis Lord | Democrat | |
| 2nd | Thomas Parsons | Democrat | ||
| 3rd | Robert Staples* | Republican | ||
| Montgomery | Hezekiah Baker* | Republican | ||
| New York | 1st | Jacob L. Smith | Democrat | |
| 2nd | Michael Fitzgerald | Democrat | ||
| 3rd | Richard Winne | Democrat | ||
| 4th | John G. Seeley | Democrat | unsuccessfully contested by James A. Dolan (Am.)[4] | |
| 5th | Arthur J. Delaney | Democrat | ||
| 6th | George A. Jeremiah | Democrat | ||
| 7th | Philip W. Engs | Democrat | ||
| 8th | James H. Lynch | Democrat | ||
| 9th | Thomas Jones Jr. | Democrat | ||
| 10th | John W. Chanler | Democrat | ||
| 11th | Noah D. Childs | Democrat | ||
| 12th | William Gage | Democrat | ||
| 13th | David J. Chatfield | Democrat | ||
| 14th | Dunham J. Crain | Democrat | ||
| 15th | Edward A. Moore | Democrat | ||
| 16th | George Weir | Democrat | ||
| 17th | Garret Dyckman | Democrat | ||
| Niagara | 1st | Burt Van Horn | Republican | |
| 2nd | John W. Labar | Republican | ||
| Oneida | 1st | Henry R. Hart | Democrat | |
| 2nd | William J. McKown | Republican | ||
| 3rd | Thomas G. Halley | Republican | ||
| 4th | Reuben Knight | Republican | ||
| Onondaga | 1st | James Frazee | Republican | unsuccessfully contested by Sidney H. Cook[5] |
| 2nd | Thomas G. Alvord | Democrat | elected Speaker | |
| 3rd | Levi S. Holbrook | Republican | ||
| Ontario | 1st | Volney Edgerton | Republican | |
| 2nd | Ira R. Peck | Republican | ||
| Orange | 1st | Stephen W. Fullerton | Republican | |
| 2nd | Charles J. Stevenson | Democrat | ||
| Orleans | Almanzor Hutchinson* | Republican | ||
| Oswego | 1st | William Baldwin | Democrat | |
| 2nd | John J. Wolcott | Republican | ||
| 3rd | Chauncey S. Sage | Republican | ||
| Otsego | 1st | Charles McLean | Democrat | |
| 2nd | David M. Hard | Republican | ||
| Putnam | John Garrison | Democrat | ||
| Queens | 1st | Edward A. Lawrence | Democrat | |
| 2nd | John S. Hendrickson | Democrat | ||
| Rensselaer | 1st | Jason C. Osgood | Democrat | |
| 2nd | Daniel Fish | Republican | ||
| 3rd | Martin Miller | Democrat | ||
| Richmond | Eben W. Hubbard | Democrat | ||
| Rockland | Wesley J. Weiant | Democrat | ||
| St. Lawrence | 1st | Harlow Godard | Republican | |
| 2nd | William Briggs | Republican | ||
| 3rd | Oscar F. Shepard | Republican | ||
| Saratoga | 1st | Chauncey Boughton | American | |
| 2nd | Tabor B. Reynolds | American | ||
| Schenectady | Angus McIntosh | Republican | ||
| Schoharie | John H. Salisbury | Democrat | ||
| Schuyler | Henry Fish | Democrat | ||
| Seneca | Augustus Woodworth | Democrat | ||
| Steuben | 1st | Robert B. Van Valkenburgh* | Republican | |
| 2nd | Washington Barnes | Republican | ||
| 3rd | William B. Jones | Republican | ||
| Suffolk | 1st | George Howell | Democrat | |
| 2nd | George P. Mills | Democrat | ||
| Sullivan | Asa Hodge | American | ||
| Tioga | William P. Raymond | Republican | ||
| Tompkins | Edward S. Esty | Republican | ||
| Ulster | 1st | Fordyce L. Laflin | Democrat | |
| 2nd | Isaac Becker | American | ||
| 3rd | Nathan W. Watson | Democrat | ||
| Warren | Alexander Robertson | Republican | ||
| Washington | 1st | Thaddeus H. Walker | Republican | |
| 2nd | Ralph Richards | Republican | ||
| Wayne | 1st | Edward W. Sentell | Republican | |
| 2nd | Charles Estes | Republican | ||
| Westchester | 1st | Abraham B. Tappen | Democrat | |
| 2nd | Edmund G. Sutherland* | Democrat | ||
| 3rd | Frost Horton | American | ||
| Wyoming | Cyril Rawson* | Republican | ||
| Yates | John Mather | Republican | ||
Employees
- Clerk: David Wilson
- Assistant Clerk: Edwin O. Perrin
- Sergeant-at-Arms: Philip H. Lasher
- Doorkeeper: Peter J. Cook
- First Assistant Doorkeeper: John Davis
- Second Assistant Doorkeeper: James Swarthout
- Journal Clerk: Joseph B. Cushman
Notes
- see The Revised Statutes of the State of New York (1859; Senate pg. 149f, Assembly pg. 452f)
- Under ordinary circumstances, the result of the last ballot would have been "no choice", the vote being a tie of 57 for Alvord and 57 for all other candidates together but, between the 52nd and the 53rd ballot, a resolution was adopted that the person receiving the largest number of votes on the next ballot would be elected.
- Stow was elected in opposition to his predecessor, Republican Alonzo S. Upham, but voted with the Republicans for Clerk of the Senate.
- Dolan claimed that Seeley was not a resident of this district, and that votes given for him (a plurality over Dolan) should be disqualified, but the Committee on Elections, and the Attorney General, held that an assemblyman was not required by law to reside in the district in which he was elected; see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 295–300)
- see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 300–313)
Sources
- The New York Civil List compiled by Franklin Benjamin Hough, Stephen C. Hutchins and Edgar Albert Werner (1867; see pg. 439 for Senate districts; pg. 442 for senators; pg. 450–462 for Assembly districts; and pg. 485ff for assemblymen)
- Journal of the Senate (81st Session) (1858)
- Journal of the Assembly (81st Session) (1858)
- Biographical Sketches of the State Officers and Members of the Legislature of the State of New York in 1858 by William D. Murphy
- The Evening Journal Almanac (Senate and Assembly members with party affiliations and election endorsements, pg. 21–35)
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