# 91st New York State Legislature

The 91st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to May 6, 1868, during the fourth year of Reuben E. Fenton'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, forming a contiguous area, all within the same county.
On April 25, 1866, the Legislature re-apportioned the Senate districts. The new apportionment was first used at the election of 1867.
According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a Constitutional Convention to be held, which was answered at the 1866 New York state election, in the affirmative. On April 23, 1867, the delegates to the Constitutional Convention were elected, resulting in a Republican majority. On June 4, the Constitutional Convention met at Albany; adjourned on September 23; and met again on November 12.
At this time, there were two major political parties: the Republican and the Democratic.

## Elections

The 1867 New York state election was held on November 5. All eight statewide elective offices up for election were carried by the Democrats. The approximate party strength at this election, as expressed by the vote for secretary of state, was: Democrats 373,000 and Republicans 325,000.

## Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1868; and adjourned on May 6. At the same time, the Constitutional Convention continued in session.
William Hitchman (D) was elected speaker.
On January 15, Charles J. Folger (R) was re-elected president pro tempore of the State Senate.
On February 12, the Legislature elected Matthew T. Brennan (D) to take office on March 1 as a Metropolitan Police Commissioner, for a term of eight years.
On February 28, the Constitutional Convention adjourned sine die. How to put the proposed amendments before the electorate was then debated throughout this and the next Legislature, and all amendments, except the re-organization of the judicial system, were eventually rejected by the voters at the 1869 New York state election.
On March 31, the trial of Canal Commissioner Robert C. Dorn (R) opened before the New York Court for the Trial of Impeachments, consisting of the State Senate and the judges of the New York Court of Appeals. Assemblymen William S. Clark, John L. Flagg, John C. Jacobs, John F. Little, William Lounsbery, Alpheus Prince, William B. Quinn (all seven Dem.), Nicholas B. La Bau and Edmund L. Pitts (both Rep.) appeared as the Managers to prosecute the impeachment. Smith M. Weed (D) appeared as counsel for the managers. Henry Smith (R) and John H. Reynolds appeared for the defense.
On April 7, the Legislature elected Abram B. Weaver (D) to succeed Victor M. Rice (R) as superintendent of public instruction for a term of three years.
On April 9, Assemblyman Elijah M. K. Glenn (R) accused Assemblyman Alexander Frear to have offered him on March 27 a bribe of $500.
On April 10, a select committee appointed to investigate concluded that "the evidence does not furnish any justification for the charges made by Mr. Glenn against Mr. Frear." Thereupon a resolution was passed to censure Glenn.
On April 11, Glenn resigned his seat.
On June 12, the impeachment trial ended with the acquittal of Dorn on all articles.

## State Senate
### Districts

* 1st District: Queens, Richmond and Suffolk counties
* 2nd District: 1st, 2nd, 3rd, 4th, 5th, 7th, 11th, 13th, 15th, 19th and 20th wards of the City of Brooklyn
* 3rd District: 6th, 8th, 9th, 10th, 12th, 14th, 16th, 17th and 18th wards of the City of Brooklyn; and all towns in Kings County
* 4th District: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 13th and 14th wards of New York City
* 5th District: 8th, 9th, 15th and 16th wards of New York City
* 6th District: 10th, 11th and 17th wards of New York City
* 7th District: 18th, 20th and 21st wards of New York City
* 8th District: 12th, 19th and 22nd wards of New York City
* 9th District: Putnam, Rockland and Westchester counties
* 10th District: Orange and Sullivan counties
* 11th District: Columbia and Dutchess counties
* 12th District: Rensselaer and Washington counties
* 13th District: Albany County
* 14th District: Greene and Ulster counties
* 15th District: Fulton, Hamilton, Montgomery, Saratoga and Schenectady counties
* 16th District: Clinton, Essex and Warren counties
* 17th District: Franklin and St. Lawrence counties
* 18th District: Jefferson and Lewis counties
* 19th District: Oneida County
* 20th District: Herkimer and Otsego counties
* 21st District: Madison and Oswego counties
* 22nd District: Onondaga and Cortland counties
* 23rd District: Chenango, Delaware and Schoharie counties
* 24th District: Broome, Tompkins and Tioga counties
* 25th District: Cayuga and Wayne counties
* 26th District: Ontario, Seneca and Yates counties
* 27th District: Chemung, Schuyler and Steuben counties
* 28th District: Monroe County
* 29th District: Genesee, Niagara and Orleans counties
* 30th District: Allegany, Livingston and Wyoming counties
* 31st District: Erie County
* 32nd District: Cattaraugus and Chautauqua counties

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Thomas J. Creamer and Henry W. Genet changed from the Assembly to the Senate.
Party affiliations follow the vote for Senate officers.
| District | Senator | Party | Notes |
| 1st | Lewis A. Edwards | Democrat | |
| 2nd | James F. Pierce | Democrat | |
| 3rd | Henry C. Murphy* | Democrat | re-elected; also a delegate to the Constitutional Convention |
| 4th | William M. Tweed | Democrat | |
| 5th | Michael Norton | Democrat | also an alderman of New York City |
| 6th | Thomas J. Creamer* | Democrat | |
| 7th | John J. Bradley | Democrat | |
| 8th | Henry W. Genet* | Democrat | |
| 9th | William Cauldwell | Democrat | |
| 10th | William M. Graham | Democrat | |
| 11th | Abiah W. Palmer | Republican | |
| 12th | Francis S. Thayer | Republican | |
| 13th | A. Bleecker Banks | Democrat | |
| 14th | George Beach | Democrat | |
| 15th | Charles Stanford* | Republican | re-elected |
| 16th | Matthew Hale | Republican | also a delegate to the Constitutional Convention |
| 17th | Abraham X. Parker | Republican | |
| 18th | John O'Donnell* | Republican | re-elected |
| 19th | Samuel Campbell* | Republican | re-elected |
| 20th | John B. Van Petten | Republican | |
| 21st | Abner C. Mattoon | Republican | |
| 22nd | George N. Kennedy | Republican | |
| 23rd | John F. Hubbard Jr. | Democrat | |
| 24th | Orlow W. Chapman | Republican | |
| 25th | Stephen K. Williams* | Republican | re-elected |
| 26th | Charles J. Folger* | Republican | re-elected; also a delegate to the Constitutional Convention; on January 15, elected president pro tempore |
| 27th | John I. Nicks* | Republican | re-elected |
| 28th | Lewis H. Morgan | Republican | |
| 29th | Richard Crowley* | Republican | re-elected |
| 30th | Wolcott J. Humphrey* | Republican | re-elected |
| 31st | Asher P. Nichols | Democrat | |
| 32nd | Lorenzo Morris | Democrat | |

### Employees

* Clerk: James Terwilliger
* Sergeant-at-Arms: John H. Kemper
* Assistant Sergeant-at-Arms: George H. Knapp
* Doorkeeper: Charles V. Schram
* Assistant Doorkeeper: Nathaniel Saxton
* Assistant Doorkeeper: David L. Shields
* Assistant Doorkeeper: Elisha T. Burdick

## State Assembly
### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature. Nicholas B. La Bau changed from the Senate to the Assembly.
Party affiliations follow the listing in the Life Sketches.
| District | District | Assemblymen | Party | Notes |
| Albany | 1st | John C. Chism | Democrat | |
| Albany | 2nd | Francis H. Woods | Democrat | |
| Albany | 3rd | Jackson A. Sumner | Democrat | |
| Albany | 4th | Theodore Van Volkenburgh | Democrat | |
| Allegany | Allegany | Silas Richardson | Republican | |
| Broome | Broome | Chauncey C. Bennett | Republican | |
| Cattaraugus | 1st | Jonas K. Button | Democrat | |
| Cattaraugus | 2nd | E. Curtis Topliff | Republican | |
| Cayuga | 1st | Charles H. Weed | Republican | |
| Cayuga | 2nd | Sanford Gifford | Republican | |
| Chautauqua | 1st | Matthew P. Bemus | Republican | |
| Chautauqua | 2nd | Winfield S. Cameron | Republican | |
| Chemung | Chemung | Edmund Miller | Democrat | |
| Chenango | Chenango | Frederick Juliand* | Republican | |
| Clinton | Clinton | William F. Cook | Republican | |
| Columbia | 1st | Harper W. Rogers | Democrat | |
| Columbia | 2nd | Stephen H. Wendover* | Republican | |
| Cortland | Cortland | Raymond P. Babcock | Republican | |
| Delaware | 1st | Albert E. Sullard | Republican | |
| Delaware | 2nd | Edward I. Burhans | Democrat | |
| Dutchess | 1st | Augustus A. Brush* | Republican | |
| Dutchess | 2nd | Alfred T. Ackert | Democrat | |
| Erie | 1st | George J. Bamler | Democrat | |
| Erie | 2nd | Richard Flach | Democrat | |
| Erie | 3rd | Lewis P. Dayton | Democrat | |
| Erie | 4th | Alpheus Prince* | Democrat | also a manager at the impeachment trial |
| Erie | 5th | James Rider | Republican | |
| Essex | Essex | Samuel Root | Republican | |
| Franklin | Franklin | Edmund F. Sargent | Republican | |
| Fulton and Hamilton | Fulton and Hamilton | Samuel W. Buel | Democrat | |
| Genesee | Genesee | Henry F. Tarbox* | Republican | |
| Greene | Greene | James Loughran | Democrat | |
| Herkimer | Herkimer | Elisha W. Stannard | Republican | |
| Jefferson | 1st | LaFayette J. Bigelow* | Republican | |
| Jefferson | 2nd | Andrew Cornwall | Democrat | |
| Kings | 1st | Patrick Burns* | Democrat | |
| Kings | 2nd | William S. Andrews | Democrat | |
| Kings | 3rd | Patrick Keady* | Democrat | |
| Kings | 4th | Francis A. Mallison | Democrat | |
| Kings | 5th | William C. Jones | Democrat | |
| Kings | 6th | Jacob Worth | Republican | contested, seat vacated on March 13 |
| Kings | 6th | John Raber | Democrat | seated on March 13 |
| Kings | 7th | Caleb L. Smith | Democrat | |
| Kings | 8th | DeWitt C. Tower | Democrat | |
| Kings | 9th | John C. Jacobs* | Democrat | also a manager at the impeachment trial |
| Lewis | Lewis | John F. Mann | Republican | |
| Livingston | Livingston | Lewis E. Smith | Republican | |
| Madison | 1st | D. Gerry Wellington | Republican | |
| Madison | 2nd | Robert Stewart | Republican | |
| Monroe | 1st | John Martin Davis | Republican | |
| Monroe | 2nd | Nehemiah C. Bradstreet | Democrat | |
| Monroe | 3rd | Abner I. Wood* | Republican | |
| Montgomery | Montgomery | Angell Matthewson | Democrat | |
| New York | 1st | Michael C. Murphy* | Democrat | |
| New York | 2nd | Dennis Burns | Democrat | |
| New York | 3rd | Daniel O'Reilly* | Democrat | |
| New York | 4th | John Galvin | Democrat | |
| New York | 5th | Christopher Johnson | Democrat | |
| New York | 6th | Timothy J. Campbell | Democrat | |
| New York | 7th | James Riley | Democrat | |
| New York | 8th | James Reed* | Democrat | died in February 1868 |
| New York | 9th | William G. Bergen | Democrat | |
| New York | 10th | Anthony Hartman | Democrat | |
| New York | 11th | Peter Trainer | Democrat | |
| New York | 12th | William B. Quinn | Democrat | also a manager at the impeachment trial |
| New York | 13th | James C. Moran | Democrat | |
| New York | 14th | James McKiever | Democrat | |
| New York | 15th | Alexander Frear* | Democrat | |
| New York | 16th | James Irving* | Democrat | |
| New York | 17th | Frederick H. Flagge | Democrat | |
| New York | 18th | Lawrence D. Kiernan | Democrat | |
| New York | 19th | William L. Wiley | Democrat | |
| New York | 20th | George B. Van Brunt | Republican | contested; seat vacated on April 7 |
| New York | 20th | Henry Clausen Jr. | Democrat | seated on April 7 |
| New York | 21st | William Hitchman | Democrat | elected speaker: also a delegate to the Constitutional Convention |
| Niagara | 1st | Ransom M. Skeels | Democrat | |
| Niagara | 2nd | Benjamin Farley | Republican | |
| Oneida | 1st | William H. Chapman | Democrat | |
| Oneida | 2nd | Alanson B. Cady | Republican | |
| Oneida | 3rd | James Stevens | Democrat | |
| Oneida | 4th | Ambrose Nicholson | Republican | |
| Onondaga | 1st | Augustus G. S. Allis | Republican | |
| Onondaga | 2nd | Luke Ranney | Republican | |
| Onondaga | 3rd | Hiram Eaton | Republican | |
| Ontario | 1st | Henry Ray | Republican | |
| Ontario | 2nd | Samuel H. Torrey* | Republican | |
| Orange | 1st | William C. H. Sherman | Democrat | unsuccessfully contested by George K. Smith (R) |
| Orange | 2nd | John H. Reeve | Democrat | |
| Orleans | Orleans | Edmund L. Pitts* | Republican | also a manager at the impeachment trial |
| Oswego | 1st | John A. Place | Republican | |
| Oswego | 2nd | James D. Lasher | Republican | |
| Oswego | 3rd | Alvin Richardson | Republican | |
| Otsego | 1st | Myron J. Hubbard | Democrat | |
| Otsego | 2nd | William C. Bentley | Democrat | |
| Putnam | Putnam | Samuel D. Humphrey | Democrat | |
| Queens | 1st | Francis Skillman* | Democrat | |
| Queens | 2nd | John B. Madden | Democrat | |
| Rensselaer | 1st | John L. Flagg | Democrat | also a manager at the impeachment trial |
| Rensselaer | 2nd | Jared A. Wells | Republican | |
| Rensselaer | 3rd | Harris B. Howard | Democrat | |
| Richmond | Richmond | John Decker | Democrat | |
| Rockland | Rockland | Thomas Lawrence | Democrat | |
| St. Lawrence | 1st | George M. Gleason* | Republican | |
| St. Lawrence | 2nd | Julius M. Palmer | Republican | |
| St. Lawrence | 3rd | Alexander H. Andrews | Republican | |
| Saratoga | 1st | Truman G. Younglove* | Republican | |
| Saratoga | 2nd | Alembert Pond | Republican | also a delegate to the Constitutional Convention |
| Schenectady | Schenectady | Robert Furman | Democrat | |
| Schoharie | Schoharie | William S. Clark* | Democrat | also a manager at the impeachment trial |
| Schuyler | Schuyler | George Clark | Republican | |
| Seneca | Seneca | David D. Lefler | Democrat | |
| Steuben | 1st | John F. Little | Democrat | also a manager at the impeachment trial |
| Steuben | 2nd | Lyman Balcom | Republican | |
| Suffolk | Suffolk | James M. Halsey | Democrat | |
| Sullivan | Sullivan | David G. Starr* | Democrat | |
| Tioga | Tioga | Oliver H. P. Kinney | Republican | also a delegate to the Constitutional Convention |
| Tompkins | Tompkins | John H. Selkreg* | Republican | |
| Ulster | 1st | William Lounsbery | Democrat | also a manager at the impeachment trial |
| Ulster | 2nd | Abraham E. Hasbrouck | Democrat | |
| Ulster | 3rd | Theodore Guigou | Democrat | |
| Warren | Warren | Nicholas B. La Bau* | Republican | also a manager at the impeachment trial |
| Washington | 1st | David Underwood | Republican | |
| Washington | 2nd | Nathaniel Daily | Republican | |
| Wayne | 1st | DeWitt Parshall | Republican | |
| Wayne | 2nd | Elijah M. K. Glenn | Republican | resigned on April 11, 1868 |
| Westchester | 1st | Samuel M. Purdy* | Democrat | |
| Westchester | 2nd | George J. Penfield* | Democrat | |
| Westchester | 3rd | Henry C. Nelson | Democrat | |
| Wyoming | Wyoming | William Bristol* | Republican | |
| Yates | Yates | Oliver S. Williams | Democrat | |

### Employees

* Clerk: Cornelius W. Armstrong
* Sergeant-at-Arms: Jared Sandford
* Doorkeeper: James Swarthout
* First Assistant Doorkeeper:
* Second Assistant Doorkeeper: