# 45th New York State Legislature

The 45th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to April 17, 1822, during the fifth year of DeWitt Clinton's governorship, in Albany.

## Background

Under the provisions of the New York Constitution of 1777, amended by the Constitutional Convention of 1801, 32 Senators were elected on general tickets in the four 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.
In 1797, Albany was declared the State capital, and all subsequent Legislatures have been meeting there ever since. In 1818, the Legislature enacted that future Legislatures meet on the first Tuesday of January of each year unless called earlier by the governor.
State Senator Gideon Granger resigned in 1821, leaving a vacancy in the Western District.
On March 13, 1821, the 44th New York State Legislature passed a bill to submit the question, whether a Constitutional Convention should be called, to the voters at the next State election in April 1821.
In 1821, Erie County was split from Niagara County, but remained with Cattaraugus, Chautauqua and Niagara in one Assembly district. Livingston and Monroe counties were formed from parts of Genesee and Ontario counties, and were apportioned one seat each in the Assembly, taken from Ontario.
At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans. The Democratic-Republican Party was split into two factions: the Clintonians (supporters of Gov. DeWitt Clinton) and the Bucktails (led by Martin Van Buren, and including the Tammany Hall organization in New York City). The Federalist Party was disbanding, the majority joined the Clintonians, a minority joined the Bucktails.

## Elections

The State election was held from April 24 to 26, 1821. Abel Huntington (Southern D.), Abraham J. Hasbrouck (Middle D.), David C. Judson, Daniel Shipherd, John L. Viele (all three Eastern D.), Henry Seymour ( Western D.); and Assemblymen Abraham Gurnee (Southern D.), Archibald McIntyre (Middle D.) and Samuel M. Hopkins (Western D.) were also elected to the Senate. Huntington, Gurnee and Seymour were Bucktails, the other six Clintonians.
At the same time, the question whether a Convention to amend the New York Constitution should be called, was answered in the affirmative by the voters, and delegates to the Constitutional Convention of 1821 were elected in June.

## Sessions

The Constitutional Convention met from August 28 to November 10, 1821, and the new Constitution was adopted by the voters in January 1822.
The Legislature met at the Old State Capitol in Albany on January 1, 1822, and adjourned on April 17.
Samuel B. Romaine (Buckt.) was elected Speaker with 74 votes against 44 for George Huntington (Clint.). Edward Livingston (Buckt.) was elected Clerk of the Assembly with the same vote against Sandford Cobb (Clint.).
On April 12, the Legislature re-apportioned the Assembly districts. All 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, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days.

## State Senate
### Districts

* The Southern District (6 seats) consisted of Dutchess, Kings, New York, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester counties.
* The Middle District (9 seats) consisted of Albany, Chenango, Columbia, Delaware, Greene, Orange, Otsego, Schoharie, Sullivan and Ulster counties.
* The Eastern District (8 seats) consisted of Clinton, Essex, Franklin, Hamilton, Herkimer, Jefferson, Lewis, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Warren and Washington counties.
* The Western District (9 seats) consisted of Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Cortland, Erie, Genesee, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Oswego, Seneca, Steuben, Tioga and Tompkins counties.

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Abraham Gurnee, Archibald McIntyre and Samuel M. Hopkins changed from the Assembly to the Senate.
Under the provisions of the new Constitution, all senators were legislated out of office at the end of 1822. The whole Senate was renewed at the State election in November 1822, the term of the new senators beginning on January 1, 1823.
| District | Senators | Term left | Party | Notes |
| Southern | John Townsend* | 1 year | Dem.-Rep./Bucktail | elected to the Council of Appointment |
| Southern | Peter R. Livingston* | 2 years | Dem.-Rep./Bucktail | |
| Southern | Walter Bowne* | 3 years | Dem.-Rep./Bucktail | |
| Southern | John Lefferts* | 3 years | Dem.-Rep./Bucktail | also a delegate to the Constitutional Convention |
| Southern | Abraham Gurnee* | 4 years | Dem.-Rep./Bucktail | |
| Southern | Abel Huntington | 4 years | Dem.-Rep./Bucktail | |
| Middle | Moses Austin* | 1 year | Dem.-Rep./Bucktail | |
| Middle | William Ross* | 1 year | Dem.-Rep./Clintonian | |
| Middle | Charles E. Dudley* | 2 years | Dem.-Rep./Bucktail | also Mayor of Albany; elected to the Council of Appointment |
| Middle | John T. More* | 2 years | Dem.-Rep./Bucktail | |
| Middle | William C. Bouck* | 3 years | Dem.-Rep./Bucktail | also an Erie Canal Commissioner |
| Middle | Tilly Lynde* | 3 years | Dem.-Rep./Bucktail | |
| Middle | John J. Miller* | 3 years | Dem.-Rep./Bucktail | |
| Middle | Abraham J. Hasbrouck | 4 years | Dem.-Rep./Clintonian | |
| Middle | Archibald McIntyre* | 4 years | Dem.-Rep./Clintonian | |
| Eastern | Levi Adams* | 1 year | Dem.-Rep./Clintonian | |
| Eastern | George Rosecrantz* | 1 year | Dem.-Rep./Clintonian | |
| Eastern | Thomas Frothingham* | 2 years | Dem.-Rep./Clintonian | |
| Eastern | Duncan McMartin Jr.* | 2 years | Dem.-Rep./Clintonian | |
| Eastern | Benjamin Mooers* | 2 years | Dem.-Rep./Bucktail | elected to the Council of Appointment |
| Eastern | David C. Judson | 4 years | Dem.-Rep./Clintonian | |
| Eastern | Daniel Shipherd | 4 years | Dem.-Rep./Clintonian | |
| Eastern | John L. Viele | 4 years | Dem.-Rep./Clintonian | |
| Western | Gamaliel H. Barstow* | 1 year | Dem.-Rep./Clintonian | also First Judge of the Tioga County Court |
| Western | Perry G. Childs* | 1 year | Dem.-Rep./Bucktail | elected to the Council of Appointment |
| Western | David E. Evans* | 1 year | Dem.-Rep./Bucktail | |
| Western | Lyman Paine* | 2 years | Dem.-Rep./Clintonian | |
| Western | Henry Seymour | 2 years | Dem.-Rep./Bucktail | elected to fill vacancy, in place of Gideon Granger |
| Western | Ephraim Hart* | 3 years | Dem.-Rep./Clintonian | |
| Western | Oliver Forward* | 3 years | Dem.-Rep./Clintonian | |
| Western | Elijah Miles* | 3 years | Dem.-Rep./Clintonian | |
| Western | Samuel M. Hopkins* | 4 years | Dem.-Rep./Clintonian | |

### Employees

* Clerk: John F. Bacon

## State Assembly
### Districts

* Albany County (4 seats)
* Allegany and Steuben counties (2 seats)
* Broome County (1 seat)
* Cattaraugus, Chautauqua, Erie and Niagara counties (2 seats)
* Cayuga County (3 seats)
* Chenango County (3 seats)
* Clinton and Franklin counties (1 seat)
* Columbia County (4 seats)
* Cortland County (1 seat)
* Delaware County (2 seats)
* Dutchess County (5 seats)
* Essex County (1 seat)
* Genesee County (3 seats)
* Greene County (2 seats)
* Hamilton and Montgomery counties (5 seats)
* Herkimer County (3 seats)
* Jefferson County (2 seats)
* Kings County (1 seat)
* Lewis County (1 seat)
* Livingston County (1 seat)
* Madison County (3 seats)
* Monroe County (1 seat)
* The City and County of New York (11 seats)
* Oneida and Oswego counties (5 seats)
* Onondaga County (4 seats)
* Ontario County (5 seats)
* Orange County (4 seats)
* Otsego County (5 seats)
* Putnam County (1 seat)
* Queens County (3 seats)
* Rensselaer County (5 seats)
* Richmond County (1 seat)
* Rockland County (1 seat)
* St. Lawrence County (1 seat)
* Saratoga County (4 seats)
* Schenectady County (2 seats)
* Schoharie County (3 seats)
* Seneca County (2 seats)
* Suffolk County (3 seats)
* Sullivan and Ulster counties (4 seats)
* Tioga County (1 seat)
* Tompkins County (2 seats)
* Warren and Washington counties (5 seats)
* Westchester County (3 seats)

### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
| District | Assemblymen | Party | Notes |
| Albany | James McKown* | Fed./Clintonian | |
| Albany | William McKown | Fed./Clintonian | |
| Albany | Volkert D. Oothoudt | Fed./Clintonian | |
| Albany | John P. Shear | Fed./Clintonian | |
| Allegany and Steuben | Amos Peabody | | |
| Allegany and Steuben | Grattan H. Wheeler | | |
| Broome | Chauncey Hyde | Dem.-Rep./Bucktail | |
| Cattaraugus, Chautauqua, Erie and Niagara | Thomas B. Campbell | Dem.-Rep./Clintonian | |
| Cattaraugus, Chautauqua, Erie and Niagara | David Eason | Dem.-Rep./Bucktail | contested by Isaac Phelps who was seated on January 5, 1822 |
| Cayuga | Samuel Dill | | |
| Cayuga | Charles Kellogg* | | |
| Cayuga | Ephraim Marsh | | |
| Chenango | William Mason* | Dem.-Rep./Clintonian | |
| Chenango | Edmond G. Per Lee* | | |
| Chenango | John Tracy* | Dem.-Rep./Bucktail | also Surrogate of Chenango Co. |
| Clinton and Franklin | Abijah North | Dem.-Rep./Bucktail | |
| Columbia | Philip P. Clum | | |
| Columbia | Elisha Gilbert Jr. | Fed./Clintonian | |
| Columbia | George T. Snyder | | |
| Columbia | Augustus Tremain | | |
| Cortland | Daniel Sherwood | | |
| Delaware | Benjamin Benedict | | |
| Delaware | Asa Grant | | |
| Dutchess | John Cox | | |
| Dutchess | Daniel Northrup | | |
| Dutchess | Philo Ruggles | Clintonian | |
| Dutchess | Benjamin Sherman | | |
| Dutchess | George Vanderburgh | | |
| Essex | Isaac Finch | Dem.-Rep./Bucktail | |
| Genesee | Robert Anderson | | |
| Genesee | Benedict Brooks | | |
| Genesee | Samuel McWhorter | | |
| Greene | James Powers | Fed./Clintonian | |
| Greene | Jacob Roggen | Fed./Clintonian | |
| Hamilton and Montgomery | John W. Cady | Dem.-Rep./Clintonian | in November 1822, elected to the 18th U.S. Congress |
| Hamilton and Montgomery | Nicholas Gros | | |
| Hamilton and Montgomery | James McIntyre | Dem.-Rep./Clintonian | |
| Hamilton and Montgomery | Henry Valentine | | |
| Hamilton and Montgomery | Joshua Webster | | |
| Herkimer | Christopher P. Bellinger | Dem.-Rep./Bucktail | contested by Stephen Todd (F/C) who was seated in January 1822 |
| Herkimer | Simeon Ford* | Fed./Clintonian | also D.A. of Herkimer Co. |
| Herkimer | Robert Shoemaker | Fed./Clintonian | |
| Jefferson | George Andrus | Dem.-Rep./Clintonian | |
| Jefferson | John B. Esselstyn | Dem.-Rep./Clintonian | |
| Kings | Jeremiah Lott* | Fed./Clintonian | |
| Lewis | Chester Buck | | |
| Livingston | George Smith | | |
| Madison | Pardon Barnard | | |
| Madison | Henry Clark Jr. | | |
| Madison | Justin Dwinell* | Dem.-Rep./Bucktail | |
| Monroe | Nathaniel Rochester | Dem.-Rep./Bucktail | |
| New York | Philip Brasher | | |
| New York | George Buckmaster | Dem.-Rep./Bucktail | |
| New York | Clarkson Crolius* | Dem.-Rep./Bucktail | |
| New York | Junius H. Hatch | | |
| New York | Cornelius Heeney* | Dem.-Rep./Bucktail | |
| New York | Jeromus Johnson | Dem.-Rep./Bucktail | |
| New York | John Morss | Dem.-Rep./Bucktail | |
| New York | Reuben Munson* | | |
| New York | Samuel B. Romaine* | Dem.-Rep./Bucktail | elected Speaker |
| New York | Michael Ulshoeffer* | Dem.-Rep./Bucktail | |
| New York | Gulian C. Verplanck* | Dem.-Rep./Bucktail | |
| Oneida and Oswego | Greene C. Bronson | Clintonian | |
| Oneida and Oswego | Samuel Chandler | | |
| Oneida and Oswego | George Huntington* | Fed./Clintonian | |
| Oneida and Oswego | Peter Pratt | | |
| Oneida and Oswego | Israel Stoddard | | |
| Onondaga | Josephus Barker | | |
| Onondaga | Silvester Gardner | | |
| Onondaga | James Geddes | Fed./Clintonian | |
| Onondaga | David Munro | Dem.-Rep./Bucktail | |
| Ontario | Birdseye Brooks | | |
| Ontario | Byram Green | | |
| Ontario | Isaac Marsh | | |
| Ontario | Aaron Remer | | |
| Ontario | David White | | |
| Orange | James Burt* | Dem.-Rep./Bucktail | |
| Orange | Egbert Jansen | | |
| Orange | Joseph McLaughlin | | |
| Orange | Abraham Shultz | | |
| Otsego | John Blakeley* | Dem.-Rep./Bucktail | |
| Otsego | Calvin Brookins | | |
| Otsego | George Fenno | | |
| Otsego | Joseph Mumford | | |
| Otsego | Artemas Sheldon | | |
| Putnam | Edward Smith | | |
| Queens | William Jones | Fed./Clintonian | |
| Queens | Timothy Nostrand | Fed./Clintonian | |
| Queens | Thomas Tredwell | Fed./Clintonian | |
| Rensselaer | Daniel Gray | Fed./Clintonian | |
| Rensselaer | James Jones | | |
| Rensselaer | Harper Rogers | | |
| Rensselaer | Levi Rumsey | | |
| Rensselaer | Gardner Tracy | | |
| Richmond | Samuel Barton* | Dem.-Rep./Bucktail | |
| Rockland | Cornelius Blauvelt | | |
| St. Lawrence | William H. Vining | | did not take his seat, and died in 1822 |
| Saratoga | Thomas Collamer | | |
| Saratoga | Conrad Cramer | | |
| Saratoga | John Gilchrist | | |
| Saratoga | John Prior | | |
| Schenectady | John F. D. Vedder | Dem.-Rep./Bucktail | |
| Schenectady | James Walker | Dem.-Rep./Bucktail | |
| Schoharie | Abraham Keyser, Jr.* | Dem.-Rep./Bucktail | |
| Schoharie | Freegift Patchin* | Dem.-Rep./Bucktail | |
| Schoharie | Harvey Watson | Dem.-Rep./Clintonian | |
| Seneca | James Dickson | | |
| Seneca | John Maynard | | also Seneca County Clerk |
| Suffolk | Hugh Halsey | | |
| Suffolk | Tredwell Scudder | | |
| Suffolk | John M. Williamson* | | |
| Sullivan and Ulster | John Brodhead Jr. | Fed./Clintonian | |
| Sullivan and Ulster | Charles Bruyn | Fed./Clintonian | |
| Sullivan and Ulster | Jacob J. Hasbrouck | Fed./Clintonian | |
| Sullivan and Ulster | William A. Stokes | | |
| Tioga | Jared Patchin | | |
| Tompkins | Samuel Crittenden* | | |
| Tompkins | Peter Hager 2d* | Dem.-Rep./Bucktail | |
| Warren and Washington | John Baker | | |
| Warren and Washington | Duncan Cameron | | |
| Warren and Washington | Silas D. Kellogg | | |
| Warren and Washington | William McDonald | | |
| Warren and Washington | James Teft | | |
| Westchester | Joseph Hunt | Dem.-Rep./Bucktail | |
| Westchester | Thomas Smith | Dem.-Rep./Bucktail | |
| Westchester | Enoch Thompson | Dem.-Rep./Bucktail | |

### Employees

* Clerk: Edward Livingston
* Sergeant-at-Arms: Henry Fryer
* Doorkeeper: James Myers
* Assistant Doorkeeper: William Campbell