95th New York State Legislature

95th New York State Legislature

The Old State Capitol (1879)
Duration: January 1 – December 31, 1872
President of the State Senate: Lt. Gov. Allen C. Beach (D)
Temporary President of the State Senate: William B. Woodin (R)
Speaker of the State Assembly: Henry Smith (R)
Members: 32 Senators
128 Assemblymen
Senate Majority: Republican (24-5-2)
Assembly Majority: Republican (98-26-4)
Sessions
1st: January 2 – May 14, 1872
<94th 96th>

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.

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 New York state election, 1871 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

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

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

Notes

  1. ↑ 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.
  2. ↑ OUR CORRUPT JUDGES in NYT on May 2, 1872
  3. ↑ ALBANY; The Impeachment of Judge George G. Barnard in NYT on May 3, 1872
  4. ↑ THE STATE SENATE; Executive Session on the Accused Judges' Cases in NYT on May 24, 1872
  5. ↑ TRIAL OF THE JUDGES in NYT on June 19, 1872; Prindle was acquitted in January 1873.
  6. ↑ EXIT McCUNN in NYT on July 3, 1872
  7. ↑ Exit Barnard in NYT on August 20, 1872
  8. ↑ 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
  9. ↑ see THE STATE SENATE in NYT on November 23, 1872
  10. ↑ see OBITUARY; William M. Ely in NYT on February 7, 1872
  11. ↑ Stephen Pell (1822–1896), see DEATH LIST OF A DAY; Stephen Pell in NYT on November 29, 1896
  12. ↑ see HOW FREAR WAS ELECTED in NYT on February 29, 1872
  13. ↑ see ALBANY NEWS; Frederick Killian (sic) Accorded His Seat in the Assembly in NYT on March 2, 1872
  14. ↑ 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.
  15. ↑ see Journal of the Assembly, Vol. 2, pg. 1625

Sources

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