# 104th New York State Legislature

The 104th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4 to July 23, 1881, during the second year of Alonzo B. Cornell'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 (seven districts) and Kings County (three districts). The Assembly districts were made up of entire towns, or city wards, 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. The Republicans were split into two factions: the Stalwarts and the Half-Breeds. The Greenback Party also nominated a ticket.

## Elections

The 1880 New York state election was held on November 2. The only statewide elective office up for election was carried by a Republican. The approximate party strength at this election, as expressed by the vote for Chief Judge of the Court of Appeals, was: Republican 563,000; Democratic 518,000; and Greenback 13,000.

## Sessions

The Legislature met for the regular session at the State Capitol in Albany on January 4, 1881; and adjourned on July 23.
George H. Sharpe (R) was re-elected Speaker, with 80 votes against 45 for Erastus Brooks (D).
On January 18, the Legislature elected Thomas C. Platt (R) to succeed Francis Kernan (D) as U.S. Senator from New York, for a term beginning on March 4, 1881.
On March 24, President James A. Garfield (Half-Breed) nominated President pro tempore of the State Senate William H. Robertson (Half-Breed) for the office of Collector of the Port of New York. The two U.S. Senators from New York, Roscoe Conkling and Platt (both Stalwarts) openly opposed the nomination, causing deadlock in the Senate which was evenly divided with 37 Republicans, 37 Democrats and two Independents. The office of Collector of the Port of New York was the most profitable federal office in the United States, and Conkling insisted in having a Stalwart appointed, but Garfield did not budge.
On May 16, Conkling and Platt resigned in protest, leaving the Republicans in the minority in the U.S. Senate. Conkling believed that they would be re-elected by the New York State Legislature and would thus show Garfield that they were in a balance of power position.
On May 18, Robertson was confirmed by the U.S. Senate as Collector.
On May 31, the Legislature began the special elections to fill the two vacant seats in the U.S. Senate.
On July 16, Congressman Warner Miller was elected on the 48th ballot to succeed Platt.
On July 22, Congressman Elbridge G. Lapham was elected on the 56th ballot to succeed Conkling, thus ending 53 days of deadlock, the second longest in the history of the New York Legislature. After the election, Robertson resigned his seat in the State Senate, to accept the office of Collector, and Dennis McCarthy was elected president pro tempore.

## State Senate
### Districts

* 1st District: Queens and Suffolk counties
* 2nd District: 1st, 2nd, 5th, 6th, 8th, 9th, 10th, 12th and 22nd Ward of the City of Brooklyn, and the towns of Flatbush, Gravesend and New Utrecht in Kings County
* 3rd District: 3rd, 4th, 7th, 11th, 13th, 19th, 20th, 21st and 23rd Ward of the City of Brooklyn
* 4th District: 14th, 15th, 16th, 17th, 18th, 24th and 25th Ward of the City of Brooklyn, and the towns of New Lots and Flatlands in Kings County
* 5th District: Richmond County and the 1st, 2nd, 3rd, 5th, 6th, 8th, 14th and parts of the 4th and 9th Ward of New York City
* 6th District: 7th, 11th, 13th and part of the 4th Ward of NYC
* 7th District: 10th, 17th and part of the 15th, 18th and 21st Ward of NYC
* 8th District: 16th and part of the 9th, 15th, 18th, 20th and 21st Ward of NYC
* 9th District: Part of the 18th, 19th and 21st Ward of NYC
* 10th District: Part of the 12th, 19th, 20th, 21st and 22nd Ward of NYC
* 11th District: 23rd and 24th, and part of the 12th, 20th and 22nd Ward of NYC
* 12th District: Rockland and Westchester counties
* 13th District: Orange and Sullivan counties
* 14th District: Greene, Schoharie and Ulster counties
* 15th District: Columbia, Dutchess and Putnam counties
* 16th District: Rensselaer and Washington counties
* 17th District: Albany County
* 18th District: Fulton, Hamilton, Montgomery, Saratoga and Schenectady counties
* 19th District: Clinton, Essex and Warren counties
* 20th District: Franklin, Lewis and St. Lawrence counties
* 21st District: Oswego and Jefferson counties
* 22nd District: Oneida County
* 23rd District: Herkimer, Madison and Otsego counties
* 24th District: Chenango, Delaware and Broome counties
* 25th District: Onondaga and Cortland counties
* 26th District: Cayuga, Seneca, Tompkins and Tioga counties
* 27th District: Allegany, Chemung and Steuben counties
* 28th District: Ontario, Schuyler, Wayne and Yates counties
* 29th District: Monroe and Orleans counties
* 30th District: Genesee, Livingston, Niagara 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.
| District | Senator | Party | Notes |
| 1st | John Birdsall* | Republican | |
| 2nd | William H. Murtha* | Democrat | |
| 3rd | Frederick A. Schroeder* | Republican | |
| 4th | John C. Jacobs* | Democrat | |
| 5th | Edward Hogan* | Democrat | |
| 6th | Jacob Seebacher* | Democrat | |
| 7th | Ferdinand Eidman* | Republican | |
| 8th | Robert H. Strahan* | Republican | |
| 9th | Francis M. Bixby* | Democrat | |
| 10th | William W. Astor* | Republican | |
| 11th | George H. Forster* | Republican | |
| 12th | William H. Robertson* | Republican | President pro tempore; resigned after appointment as Collector of the Port of New York |
| 13th | Edward M. Madden* | Republican | |
| 14th | Charles A. Fowler* | Democrat | |
| 15th | Stephen H. Wendover* | Republican | |
| 16th | Isaac V. Baker Jr.* | Republican | |
| 17th | Waters W. Braman* | Republican | |
| 18th | Webster Wagner* | Republican | |
| 19th | William W. Rockwell* | Republican | |
| 20th | Dolphus S. Lynde* | Republican | |
| 21st | Bradley Winslow* | Republican | |
| 22nd | James Stevens* | Democrat | |
| 23rd | Albert M. Mills* | Republican | |
| 24th | Edwin G. Halbert* | Republican | |
| 25th | Dennis McCarthy* | Republican | on July 22, elected president pro tempore |
| 26th | William B. Woodin* | Republican | |
| 27th | Ira Davenport* | Republican | |
| 28th | George P. Lord* | Republican | |
| 29th | Edmund L. Pitts* | Republican | |
| 30th | James H. Loomis* | Republican | |
| 31st | Benjamin H. Williams* | Republican | |
| 32nd | Loren B. Sessions* | Republican | also Supervisor of the Town of Harmony |

### Employees

* Clerk: John W. Vrooman
* Sergeant-at-Arms: John W. Corning
* Doorkeeper: James G. Caw
* Stenographer: Hudson C. Tanner

## State Assembly
### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
| District | District | Assemblymen | Party | Notes |
| Albany | 1st | Miner Gallup | Democrat | |
| Albany | 2nd | Andrew S. Draper | Republican | unsuccessfully contested by Daniel Casey (D) |
| Albany | 3rd | Aaron B. Pratt | Democrat | |
| Albany | 4th | George Campbell | Republican | |
| Allegany | Allegany | Samuel H. Morgan* | Republican | |
| Broome | Broome | L. Coe Young | Republican | |
| Cattaraugus | 1st | Samuel H. Bradley | Republican | |
| Cattaraugus | 2nd | Joseph M. Congdon* | Republican | |
| Cayuga | 1st | Thomas Hunter | Republican | |
| Cayuga | 2nd | Hector H. Tuthill* | Republican | |
| Chautauqua | 1st | Albert B. Sheldon | Republican | |
| Chautauqua | 2nd | Milton M. Fenner | Republican | |
| Chemung | Chemung | Henry C. Hoffman* | Democrat | |
| Chenango | Chenango | Solomon K. Bemiss | Republican | |
| Clinton | Clinton | Shepard P. Bowen | Republican | |
| Columbia | Columbia | John Elbert Gillette* | Republican | |
| Cortland | Cortland | Alburtis A. Carley | Republican | |
| Delaware | Delaware | William Lewis | Republican | |
| Dutchess | 1st | Isaac S. Carpenter* | Republican | |
| Dutchess | 2nd | James E. Dutcher | Republican | |
| Erie | 1st | Jeremiah Higgins | Democrat | |
| Erie | 2nd | Frank Sipp* | Republican | |
| Erie | 3rd | Arthur W. Hickman | Republican | |
| Erie | 4th | George Bingham | Republican | |
| Erie | 5th | Harvey J. Hurd* | Republican | |
| Essex | Essex | James W. Sheehy | Republican | |
| Franklin | Franklin | William D. Brennan* | Republican | died March 7, 1881 |
| Franklin | Franklin | Samuel A. Beman | | elected to fill vacancy on April 5 |
| Fulton and Hamilton | Fulton and Hamilton | David A. Wells* | Republican | |
| Genesee | Genesee | Joseph W. Holmes | Republican | |
| Greene | Greene | Orlando L. Newton | Democrat | |
| Herkimer | Herkimer | William D. Gorsline* | Republican | |
| Jefferson | 1st | Charles R. Skinner* | Republican | on November 8, 1881, elected to the 47th U.S. Congress to fill vacancy, in place of Warner Miller |
| Jefferson | 2nd | Henry Binninger | Republican | |
| Kings | 1st | John Shanley* | Democrat | |
| Kings | 2nd | John McTernan* | Democrat | |
| Kings | 3rd | Lawrence J. Tormey* | Democrat | |
| Kings | 4th | John M. Clancy* | Democrat | |
| Kings | 5th | Thomas J. Sheridan* | Democrat | |
| Kings | 6th | Patrick J. Tully* | Democrat | |
| Kings | 7th | John Reitz | Republican | |
| Kings | 8th | Moses Engle | Democrat | |
| Kings | 9th | Charles H. Russell* | Republican | |
| Kings | 10th | Richard J. Newman* | Democrat | |
| Kings | 11th | William H. Waring | Republican | |
| Kings | 12th | Jaques J. Stillwell | Democrat | |
| Lewis | Lewis | Charles A. Chickering* | Republican | |
| Livingston | Livingston | Kidder M. Scott | Republican | |
| Madison | Madison | David A. Jackson | Republican | |
| Monroe | 1st | George Le Grand Seeley* | Republican | |
| Monroe | 2nd | John Cowles | Republican | |
| Monroe | 3rd | Frederick P. Root* | Republican | |
| Montgomery | Montgomery | Cornelius Van Buren | Republican | |
| New York | 1st | Michael C. Murphy | Democrat | |
| New York | 2nd | Constantine Donoho | Democrat | |
| New York | 3rd | Thomas Smith Jr. | Democrat | |
| New York | 4th | John Henry McCarthy* | Democrat | |
| New York | 5th | Thomas Bogan | Democrat | |
| New York | 6th | Matthew Patten | Democrat | |
| New York | 7th | Isaac Israel Hayes* | Republican | died on December 17, 1881 |
| New York | 8th | John E. Brodsky* | Republican | |
| New York | 9th | John W. Browning | Democrat | |
| New York | 10th | Charles E. Brehm | Republican | |
| New York | 11th | Robert Ray Hamilton | Republican | |
| New York | 12th | Louis Cohen* | Democrat | |
| New York | 13th | Arthur D. Williams | Republican | |
| New York | 14th | John Murphy | Democrat | |
| New York | 15th | Michael J. Dougherty* | Democrat | |
| New York | 16th | Francis B. Spinola | Democrat | |
| New York | 17th | James Fanning | Democrat | |
| New York | 18th | Joseph P. McDonough | Democrat | |
| New York | 19th | William B. Finley | Democrat | |
| New York | 20th | Frederick Thilemann Jr.* | Democrat | |
| New York | 21st | William J. Trimble | Republican | |
| New York | 22nd | William S. Andrews | Democrat | |
| New York | 23rd | Charles W. Dayton | Democrat | |
| New York | 24th | William W. Niles | Democrat | |
| Niagara | 1st | Elijah Adams Holt | Republican | |
| Niagara | 2nd | James Low* | Republican | |
| Oneida | 1st | James Armstrong | Republican | |
| Oneida | 2nd | David G. Evans | Republican | |
| Oneida | 3rd | Thomas D. Roberts | Republican | |
| Onondaga | 1st | Thomas G. Alvord* | Republican | |
| Onondaga | 2nd | Albert Howland* | Republican | |
| Onondaga | 3rd | Henry L. Duguid* | Republican | |
| Ontario | Ontario | John Raines | Republican | |
| Orange | 1st | Joseph M. Dickey | Republican | |
| Orange | 2nd | William Harvey Clark | Democrat | |
| Orleans | Orleans | Marcus H. Phillips* | Republican | |
| Oswego | 1st | Patrick W. Cullinan* | Republican | |
| Oswego | 2nd | William H. Steele* | Republican | |
| Otsego | 1st | J. Stanley Browne | Democrat | |
| Otsego | 2nd | David Russell | Republican | |
| Putnam | Putnam | Samuel H. Everett | Republican | |
| Queens | 1st | Townsend D. Cock | Democrat | |
| Queens | 2nd | George E. Bulmer | Democrat | |
| Rensselaer | 1st | Charles E. Patterson | Democrat | |
| Rensselaer | 2nd | Richard A. Derrick | Republican | |
| Rensselaer | 3rd | Barnis C. Strait* | Democrat | |
| Richmond | Richmond | Erastus Brooks | Democrat | Minority Leader |
| Rockland | Rockland | John Cleary | Democrat | |
| St. Lawrence | 1st | Daniel Peck* | Republican | |
| St. Lawrence | 2nd | Worth Chamberlain* | Republican | |
| St. Lawrence | 3rd | Ebenezer S. Crapser* | Republican | |
| Saratoga | 1st | Benjamin F. Baker* | Republican | |
| Saratoga | 2nd | Delcour S. Potter* | Republican | |
| Schenectady | Schenectady | George Lasher | Republican | |
| Schoharie | Schoharie | John J. Dominic | Democrat | |
| Schuyler | Schuyler | Lewis Beach* | Republican | |
| Seneca | Seneca | Samuel R. Welles | Democrat | |
| Steuben | 1st | Charles S. Longwell | Democrat | |
| Steuben | 2nd | Russell M. Tuttle* | Republican | |
| Suffolk | Suffolk | Everett A. Carpenter* | Republican | |
| Sullivan | Sullivan | Edward H. Pinney | Democrat | |
| Tioga | Tioga | Edward G. Nowlan* | Republican | |
| Tompkins | Tompkins | Truman Boardman | Republican | |
| Ulster | 1st | George H. Sharpe* | Republican | re-elected Speaker |
| Ulster | 2nd | Marius Turck | Republican | |
| Ulster | 3rd | Thomas E. Benedict* | Democrat | |
| Warren | Warren | Benjamin C. Butler | Republican | |
| Washington | 1st | Hiram Sisson* | Republican | |
| Washington | 2nd | James E. Goodman | Republican | |
| Wayne | 1st | Rowland Robinson | Republican | |
| Wayne | 2nd | Addison W. Gates | Republican | |
| Westchester | 1st | William F. Moller | Democrat | |
| Westchester | 2nd | William H. Catlin* | Democrat | |
| Westchester | 3rd | James W. Husted* | Republican | previously a member from Rockland Co. |
| Wyoming | Wyoming | George M. Palmer | Republican | |
| Yates | Yates | Asa P. Fish* | Republican | |

### Employees

* Clerk: Edward M. Johnson
* Sergeant-at-Arms: Sidney M. Robinson
* Doorkeeper: Henry Wheeler
* First Assistant Doorkeeper: Michael Maher
* Second Assistant Doorkeeper: John W. Wheeler
* Stenographer: Worden E. Payne