# 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.

## 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) were dismembered, and every county became a district. The total number of assemblymen was increased from 126 to 128.
On April 17, 1822, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.
At this time New York politics were dominated by the Bucktails faction of the Democratic-Republican Party. 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 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 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

* The First District (4 seats) consisted of Kings, New York, Queens, Richmond and Suffolk counties.
* The Second District (4 seats) consisted of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties.
* The Third District (4 seats) consisted of Albany, Columbia, Greene, Rensselaer, Schenectady and Schoharie counties.
* The Fourth District (4 seats) consisted of Clinton, Essex, Franklin, Hamilton, Montgomery, St. Lawrence, Saratoga, Warren and Washington counties.
* The Fifth District (4 seats) consisted of Herkimer, Jefferson, Lewis, Madison, Oneida and Oswego counties.
* The Sixth District (4 seats) consisted of Broome, Chenango, Cortland, Delaware, Otsego, Tioga and Tompkins counties.
* The Seventh District (4 seats) consisted of Cayuga, Onondaga, Ontario and Seneca counties.
* The Eighth District (4 seats) consisted of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara and Steuben 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. | |
| First | Walter Bowne* | 2 years | Dem.-Rep. | |
| First | John Lefferts* | 3 years | Dem.-Rep. | |
| First | Jasper Ward | 4 years | Dem.-Rep. | |
| Second | John Hunter | 1 year | Dem.-Rep. | |
| Second | John Sudam | 2 years | Dem.-Rep. | |
| Second | Stephen Thorn | 3 years | Dem.-Rep. | |
| Second | James Burt* | 4 year | Dem.-Rep. | |
| Third | Edward P. Livingston | 1 year | Dem.-Rep. | |
| Third | vacant | 2 years | | Jacob Sutherland did not take his seat |
| Third | Charles E. Dudley* | 3 years | Dem.-Rep. | also Mayor of Albany |
| Third | James Mallory | 4 years | Dem.-Rep. | |
| Fourth | David Erwin | 1 year | Dem.-Rep. | |
| Fourth | Melancton Wheeler | 2 years | Dem.-Rep. | |
| Fourth | John Cramer | 3 years | Dem.-Rep. | |
| Fourth | 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 |
| Fifth | Alvin Bronson | 2 years | Dem.-Rep. | |
| Fifth | Thomas Greenly | 3 years | Dem.-Rep. | |
| Fifth | Sherman Wooster | 4 years | Dem.-Rep. | |
| Sixth | Samuel G. Hathaway | 1 year | Dem.-Rep. | |
| Sixth | Farrand Stranahan | 2 years | Dem.-Rep. | |
| Sixth | Tilly Lynde* | 3 years | Dem.-Rep. | |
| Sixth | Isaac Ogden | 4 years | Dem.-Rep. | |
| Seventh | Silas Bowker | 1 year | Dem.-Rep. | |
| Seventh | Byram Green* | 2 years | Dem.-Rep. | |
| Seventh | Jesse Clark | 3 years | Dem.-Rep. | |
| Seventh | Jonas Earll, Jr. | 4 years | Dem.-Rep. | |
| Eighth | Timothy H. Porter | 1 year | Dem.-Rep. | |
| Eighth | David Eason | 2 years | Dem.-Rep. | |
| Eighth | Heman J. Redfield | 3 years | Dem.-Rep. | also D.A. of Genesee Co. |
| Eighth | Joseph Spencer | 4 years | Dem.-Rep. | died May 2, 1823 |

### Employees

* Clerk: John F. Bacon

## State Assembly
### Districts

* Albany County (3 seats)
* Allegany County (1 seat)
* Broome County (1 seat)
* Cattaraugus County (1 seat)
* Cayuga County (4 seats)
* Chautauqua County (1 seat)
* Chenango County (3 seats)
* Clinton County (1 seat)
* Columbia County (3 seats)
* Cortland County (2 seats)
* Delaware County (2 seats)
* Dutchess County (4 seats)
* Erie County (1 seat)
* Essex County (1 seat)
* Franklin County (1 seat)
* Genesee County (4 seats)
* Greene County (2 seats)
* Hamilton and Montgomery co. (4 seats)
* Herkimer County (3 seats)
* Jefferson County (3 seats)
* Kings County (1 seat)
* Lewis County (1 seat)
* Livingston County (2 seats)
* Madison County (3 seats)
* Monroe County (3 seats)
* The City and County of New York (10 seats)
* Niagara County (1 seat)
* Oneida County (5 seats)
* Onondaga County (4 seats)
* Ontario County (6 seats)
* Orange County (4 seats)
* Oswego County (1 seat)
* Otsego County (4 seats)
* Putnam County (1 seat)
* Queens County (2 seats)
* Rensselaer County (4 seats)
* Richmond County (1 seat)
* Rockland County (1 seat)
* St. Lawrence County (1 seat)
* Saratoga County (3 seats)
* Schenectady County (1 seat)
* Schoharie County (2 seats)
* Seneca County (2 seats)
* Steuben County (2 seats)
* Suffolk County (2 seats)
* Sullivan County (1 seat)
* Tioga County (2 seats)
* Tompkins County (2 seats)
* Ulster County (3 seats)
* Warren County (1 seat)
* Washington (4 seats)
* Westchester County (3 seats)

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

### Employees

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