58th New York State Legislature

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58th New York State Legislature
57th 59th
Old State Capitol at Albany NY.jpg
The Old State Capitol (1879)
Overview
Jurisdiction New York, United States
TermJanuary 1 – December 31, 1835
Senate
Members32
President Lt. Gov. John Tracy (D)
Party controlDemocratic (28-4)
Assembly
Members128
Speaker Charles Humphrey (D)
Party controlDemocratic (94-33)
Sessions
1stJanuary 6 – May 11, 1835

The 58th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 6 to May 11, 1835, during the third year of William L. Marcy's governorship, in Albany.

New York State Senate upper state chamber of New York State

The New York State Senate is the upper house of the New York State Legislature. There are 63 seats in the Senate, and its members are elected to two-year terms. There are no term limits.

New York State Assembly lower house of the New York State Legislature

The New York State Assembly is the lower house of the New York State Legislature, the New York State Senate being the upper house. There are 150 seats in the Assembly, with each of the 150 Assembly districts having an average population of 128,652. Assembly members serve two-year terms without term limits.

William L. Marcy American politician

William Learned Marcy was an American lawyer, politician, and judge who served as U.S. Senator, Governor of New York, U.S. Secretary of War and U.S. Secretary of State. In the latter office, he negotiated the Gadsden Purchase, the last major acquisition of land in the continental United States.

Contents

Background

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 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 constitution's provisions tend to be more detailed, and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.

State Senator John Birdsall resigned on June 5; and State Senator Louis Hasbrouck died on August 20, 1834; leaving vacancies in the Fourth and Eighth District.

John Birdsall was an American lawyer and politician from New York and Texas.

Louis Hasbrouck was an American lawyer and politician from New York.

Surveyor General Simeon De Witt died on December 3, 1834, leaving a vacancy to be filled by the Legislature.

Simeon De Witt American geographer and surveyor general

Simeon De Witt was Geographer and Surveyor General of the Continental Army during the American Revolution and Surveyor General of the State of New York for the fifty years from 1784 until his death.

At this time there were two political parties: the Democratic Party and the Whig Party.

Democratic Party (United States) political party in the United States

The Democratic Party is one of the two major contemporary political parties in the United States, along with the Republican Party. Tracing its heritage back to Thomas Jefferson and James Madison's Democratic-Republican Party, the modern-day Democratic Party was founded around 1828 by supporters of Andrew Jackson, making it the world's oldest active political party. The Democrats' dominant worldview was once social conservatism and economic liberalism while populism was its leading characteristic in the rural South. In 1912, Theodore Roosevelt ran as a third-party candidate in the Progressive Party, beginning a switch of political platforms between the Democratic and Republican Party over the coming decades, and leading to Woodrow Wilson being elected as the first fiscally progressive Democrat. Since Franklin D. Roosevelt and his New Deal coalition in the 1930s, the Democratic Party has also promoted a social liberal platform, supporting social justice.

Whig Party (United States) Political party in the USA in the 19th century

The Whig Party was a political party active in the middle of the 19th century in the United States. Four presidents belonged to the party while in office. It emerged in the 1830s as the leading opponent of Jacksonian democracy, pulling together former members of the National Republican and the Anti-Masonic Party. It had links to the upscale traditions of the long-defunct Federalist Party. Along with the rival Democratic Party, it was central to the Second Party System from the early 1840s to the mid-1860s. It originally formed in opposition to the policies of President Andrew Jackson and his Democratic Party. In particular, the Whigs supported the supremacy of Congress over the presidency and favored a program of modernization, banking and economic protectionism to stimulate manufacturing. It appealed to entrepreneurs, planters, reformers and the emerging urban middle class, but had little appeal to farmers or unskilled workers. It included many active Protestants and voiced a moralistic opposition to the Jacksonian Indian removal. Party founders chose the "Whig" name to echo the American Whigs of the 18th century who fought for independence. The political philosophy of the American Whig Party was not related to the British Whig party. Historian Frank Towers has specified a deep ideological divide:

The Whig state convention nominated State Senator William H. Seward for Governor, and Silas M. Stilwell for Lieutenant Governor.

William H. Seward American lawyer and politician

William Henry Seward was United States Secretary of State from 1861 to 1869, and earlier served as Governor of New York and United States Senator. A determined opponent of the spread of slavery in the years leading up to the American Civil War, he was a dominant figure in the Republican Party in its formative years, and was praised for his work on behalf of the Union as Secretary of State during the American Civil War.

Silas Moore Stilwell, Sr. was an American lawyer and politician.

The Democratic state convention met on September 10 at Herkimer and nominated Gov. Marcy and Lt. Gov. Tracy for re-election.

Elections

The State election was held from November 3 to 5, 1834. Gov. William L. Marcy and Lt. Gov. John Tracy were re-elected.

Coe S. Downing (1st D.), John P. Jones (2nd D.), Abraham L. Lawyer (3rd D.), Samuel Young (4th D.), Abijah Beckwith (5th D.), Levi Beardsley (6th D.), Chester Loomis (7th D.), Isaac Lacey (8th D.); and Assemblymen Jabez Willes (4th D.) and Chauncey J. Fox (8th D.) were elected to the Senate. Lacey and Fox were Whigs, the other eight were Democrats.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 6, 1835; and adjourned on May 11.

Charles Humphrey (D) was elected Speaker with 91 votes against 31 for Mark H. Sibley (W).

Upon taking their seats in the Senate, Young and Willes (4th D.), and Fox and Lacey (8th D.), drew lots to decide which one of the two senators elected in each district would serve the short term, and which one the full term. Young and Fox drew the short term, and Willes and Lacey the full term. [1]

On January 20, the Legislature elected William Campbell as Surveyor General; and Amasa J. Parker as a regent of the University of the State of New York.

On February 2, the Legislature re-elected Attorney General Greene C. Bronson and State Treasurer Abraham Keyser.

On May 6, Canal Commissioner Michael Hoffman resigned.

On May 9, the Legislature elected Heman J. Redfield to succeed Hoffman; and Washington Irving as a regent of the University of the State of New York. Redfield declined to take office, and Gov. Marcy appointed John Bowman to fill the vacancy temporarily.

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. Jabez Willes and Chauncey J. Fox changed from the Assembly to the Senate.

DistrictSenatorsTerm leftPartyNotes
First Harman B. Cropsey*1 yearDemocrat
Myndert Van Schaick*2 yearsDemocrat
Charles L. Livingston*3 yearsDemocrat
Coe S. Downing 4 yearsDemocrat
Second Allan Macdonald*1 yearDemocratalso Postmaster of White Plains
John Sudam*2 yearsDemocratdied on April 13, 1835
Leonard Maison*3 yearsDemocrat
John P. Jones 4 yearsDemocrat
Third John W. Edmonds*1 yearDemocrat
Peter Gansevoort*2 yearsDemocrat
John C. Kemble*3 yearsDemocrat
Abraham L. Lawyer 4 yearsDemocrat
Fourth Josiah Fisk*1 yearDemocrat
Samuel Young 2 yearsDemocratelected to fill vacancy, in place of Louis Hasbrouck;
also a Canal Commissioner and First Judge of the Saratoga Co. Court
Isaac W. Bishop*3 yearsDemocrat
Jabez Willes*4 yearsDemocrat
Fifth Robert Lansing*1 yearDemocrat
John G. Stower*2 yearsDemocratresigned on September 29, 1835
Francis Seger*3 yearsDemocrat
Abijah Beckwith 4 yearsDemocrat
Sixth John G. McDowell*1 yearDemocratalso Postmaster of Chemung
John F. Hubbard*2 yearsDemocrat
Ebenezer Mack*3 yearsDemocrat
Levi Beardsley 4 yearsDemocrat
Seventh Jehiel H. Halsey*1 yearDemocrat
Samuel L. Edwards*2 yearsDemocrat
Thomas Armstrong*3 yearsDemocrat
Chester Loomis 4 yearsDemocratalso Postmaster of Rushville
Eighth Chauncey J. Fox*1 yearWhigelected to fill vacancy, in place of John Birdsall
John Griffin*2 yearsWhig
Albert H. Tracy*3 yearsWhig
Isaac Lacey 4 yearsWhig

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. Herman I. Quackenboss changed from the Senate to the Assembly.

The party affiliations follow the vote on State officers on January 20, February 2 and May 9. [2]

DistrictAssemblymenPartyNotes
Albany Edward Livingston Democrat
Tobias T. E. Waldron Whig
(Henry G. Wheaton)Wheaton did not claim or take the seat; contested
David G. Seger Democratseated on January 9, 1835, in place of Wheaton [3]
Allegany Alvin Burr Whig
Broome Neri Blatchly Whig
Cattaraugus Albert G. Burke Whig
Cayuga Cornelius Cuykendall*Democrat
Andrew Groom*Democrat
Noyes Palmer*Democrat
Andrews Preston Democrat
Chautauqua Orren McCluer Whig
John Woodward Jr. Whig
Chenango Hendrick Crain Democrat
Henry Crary Democrat
Woodward Warren Democrat
Clinton Lemuel Stetson Democrat
Columbia Jacob Shafer Democrat
Horace Stevens Democrat
Julius Wilcoxson Democrat
Cortland Aaron Brown Whig
Barak Niles Whig
Delaware Dubois Burhans Democrat
William B. Ogden Democrat
Dutchess Theodore V. W. Anthony*Democrat
David Barnes Jr. Democrat
Stoddard Judd Democrat
Stephen Thorn Democrat
Erie William A. Moseley Whig
Ralph Plumb Whig
Essex Thomas A. Tomlinson Whig
Franklin Asa Hascall Whig
Genesee Truman Lewis*Whig
Samuel Richmond Whig
Amos Tyrrel Jr. Whig
Greene David Ingersoll Democrat
Anthony Van Bergen Democrat
Hamilton and
Montgomery
Henry Adams Democrat
Ashbel Loomis Democrat
Collins Odell Democrat
Herkimer Charles Gray Democrat
Peter P. Murphy Democrat
Henry Tillinghast Democrat
Jefferson Calvin Clark Whig
Eli Farwell Whig
Charles Strong Whig
Kings Philip Brasher*Democrat
Lewis Charles Dayan Democrat
Livingston Hollom Hutchinson Whig
George W. Patterson Whig
Madison Joseph Clark Democrat
William J. Hough Democrat
Jason W. Powers Democrat
Monroe George Brown Whig
Derick Sibley Whig
Enoch Strong Whig
New York Thomas N. Carr Democrat
Charles P. Clinch Democrat
Charles Henry Hall Democrat
Job Haskell Democrat
Thomas Herttell*Democrat
Herman I. Quackenboss*Democratpreviously a member from Delaware Co., and then from Greene Co.
Christopher C. Rice Democrat
Benjamin Ringgold*Democrat
James J. Roosevelt Jr. Democrat
Prosper M. Wetmore Democrat
Andrew C. Wheeler Democrat
Niagara Hiram McNeil Whig
Oneida Merit Brooks Democrat
Dan P. Cadwell Democrat
Riley Shepard Democrat
David Wager Democrat
Amos Woodworth Democrat
Onondaga David C. Lytle Democrat
Sandford C. Parker Democrat
George Pettit Democrat
John Wilkinson Democratalso Postmaster of Syracuse
Ontario Ariel Hendee Whig
William Hildreth Whig
Mark H. Sibley Whig
Orange Merit H. Cash*Democrat
Robert Denniston Democrat
(Robert Fowler)DemocratFowler died before the beginning of the session; James Finch (D) was
elected in a special election, and seated on January 23 [4]
Orleans Asa Clark*Democrat
Oswego Jesse Crowell Democrat
Otsego Joseph Carpenter Democrat
Henry Harvey Democrat
Cornelius Jones Democrat
Joseph Peck Democrat
Putnam Daniel Kent Democrat
Queens Thomas B. Jackson*Democrat
Rensselaer Chester Griswold Democrat
Jacob W. Lewis Whig
Daniel Simmons Whig
Martin Springer Democrat
Richmond Lawrence Hillyer Whig
Rockland Edward Suffern Democrat
St. Lawrence Preston King Democrat
William S. Paddock Democrat
Saratoga Eli Beecher Democrat
Asahel Philo Democrat
William B. Van Benthuisen Democratresigned on March 11, 1835
Schenectady David Ostrom Democrat
Schoharie John F. Hiller Democrat
Jonas Krum Democrat
Seneca Caleb Barnum Democrat
John D. Coe*Democrat
Steuben Jeremiah Baker Democrat
Joshua Healy*Democrat
Suffolk George L. Conklin Democrat
George S. Phillips Democrat
Sullivan James Eldred Democrat
Tioga Green Bennet Democrat
George Fisher Democrat
Tompkins Charles Humphrey*Democratelected Speaker
Parvis A. Williams Democrat
Caleb Woodbury Democrat
Ulster Henry I. Davis Democrat
William Woodworth
Warren Truman B. Hicks Democrat
Washington Jonathan K. Horton Whig
George McKie Whig
Allen R. Moore Whig
Wayne Elisha Benjamin Democrat
William D. Wylie Democrat
Westchester Edwin Crosby*Democrat
Horatio Lockwood*Democrat
Prince W. Paddock Democrat
Yates Meredith Mallory Democrat

Employees

Notes

  1. see Journal of the Senate (58th Session) (1835; pg. 4)
  2. see Journal of the Assembly (58th Session) (1835, pg. 83ff, 162ff and 918f)
  3. see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 110ff)
  4. see Assembly Journal, pg. 101

Sources

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