# 79th New York State Legislature

The 79th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 1 to April 9, 1856, during the second year of Myron H. Clark's governorship, in Albany.

## Background

Under the provisions of the New York Constitution of 1846, 32 Senators were elected in single-seat senatorial districts for a two-year term, the whole Senate being renewed biennially. The senatorial districts (except those in New York City) were made up of entire counties. 128 Assemblymen were elected in single-seat districts to a one-year term, the whole Assembly being renewed annually. The Assembly districts were made up of entire towns, or city wards, forming a contiguous area, all in the same county. The City and County of New York was divided into four senatorial districts, and 16 Assembly districts.
At this time there the Democratic Party was split into two factions: the Hard-Shells (or Hards) and the Soft-Shells (or Softs). In 1848, the Democratic Party had been split into Barnburners and Hunkers. The Barnburners left the party, and ran as the Free Soil Party, with presidential candidate Martin Van Buren. Afterwards the larger part of the Free Soilers re-joined the Democratic Party. During the following years, the Hunkers split over the question of reconciliation with the Barnburners. The Hards were against it, denying the Barnburners to gain influence in the Party. The Softs favored reconciliation with the intention of maintaining enough strength to win the elections. Both Hards and Softs favored a compromise on the slavery question: to maintain the status quo and to leave the decision to the local population in new Territories or States if they want slavery or not, as expressed in the Kansas-Nebraska Act.
The anti-slavery faction of the Whig Party, the "Free Democrats" (former Barnburners and Free Soilers), and the short-lived Anti-Nebraska Party merged into the Republican Party.
Most of the Whigs which favored a compromise, or preferred to sidestep the issue, joined with parts of the Democratic factions the Know Nothing movement which ran in the election as the "American Party."

## Elections

The 1855 New York state election was held on November 6. Due to the re-alignment of political parties, the whole American Party ticket of State officers was elected. The approximate party strength at this election, as expressed by the vote on Secretary of State was: American 148,000; Republican 137,000; Soft 91,000; and Hard 59,000.

## Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 1, 1856; and adjourned on April 9.
On January 16, after two weeks of deadlock, Orville Robinson (D) was elected Speaker on the 49th ballot.
1856 Speaker election result :
| Ballot | Date | Lyman Odell Amer. | Henry A. Prendergast Rep. | Benjamin Bailey Dem. | Timothy Hoyle Dem. | Orville Robinson Dem. | also ran |
| 1st | Jan. 1 | 41 | 35 | 27 | 7 | 3 | Scott 3, Fowler 2, J. B. Clark, Lafever |
| 2nd | Jan. 1 | 40 | 35 | 28 | 6 | 5 | Scott 3, Fowler 2, J. B. Clark, Lafever, Spraker |
| 3rd | Jan. 1 | 40 | 35 | 30 | 6 | 3 | Scott 3, Fowler 2, J. B. Clark, Lafever, Spraker |
| 4th | Jan. 2 | 40 | 35 | 27 | 9 | 4 | Scott 3, Fowler 2, Gray, Lafever |
| 5th | Jan. 2 | 41 | 34 | 28 | 9 | 4 | Scott 3, Fowler, Gray, Lafever |
| 6th | Jan. 2 | 41 | 34 | 27 | 9 | 4 | Scott 3, Fowler 2, Lafever, Van Santvoord |
| 7th | Jan. 2 | 41 | 34 | 27 | 9 | 4 | Fowler 2, Scott 2, Gray, Lafever, Van Santvoord |
| 8th | Jan. 2 | 41 | 35 | 27 | 9 | 4 | Scott 3, Fowler 2, Gray, Lafever, Van Santvoord |
| 9th | Jan. 3 | 39 | 35 | 27 | 8 | 5 | Scott 4, Fowler 3, Gray, Lafever |
| 10th | Jan. 3 | 40 | 35 | 28 | 9 | 5 | Scott 4, Fowler 2, Lafever |
| 11th | Jan. 3 | 41 | 35 | 28 | 9 | 5 | Scott 4, Fowler 3, Lafever |
| 12th | Jan. 3 | 41 | 34 | 26 | 10 | 5 | Scott 4, Fowler 3, Lafever |
| 13th | Jan. 4 | 41 | 35 | 25 | 10 | 5 | Scott 4, Fowler 2, Lafever |
| 14th | Jan. 4 | 40 | 34 | 25 | 10 | 5 | Scott 4, Fowler 2, Lafever |
| 15th | Jan. 4 | 40 | 35 | 25 | 10 | 5 | Scott 4, Fowler 2, Lafever |
| 16th | Jan. 4 | 39 | 35 | 25 | 10 | 5 | Scott 5, Fowler 2, Lafever |
| 17th | Jan. 4 | 39 | 35 | 25 | 10 | 5 | Scott 4, Fowler 2, Lafever, Wakeman |
| 18th | Jan. 4 | 39 | 35 | 25 | 10 | 5 | Scott 4, Fowler 2, Lafever |
| 19th | Jan. 4 | 40 | 34 | 25 | 10 | 5 | Scott 4, Fowler 2, Lafever |
| 20th | Jan. 8 | 36 | 34 | 26 | 8 | 5 | Fowler 2, Lafever, Scott |
| 21st | Jan. 8 | 38 | 34 | 27 | 8 | 5 | Fowler 2, Lafever, Scott |
| 22nd | Jan. 8 | 38 | 34 | 27 | 8 | 5 | Fowler 2, Scott 2, Lafever |
| 23rd | Jan. 8 | 38 | 34 | 27 | 8 | 5 | Fowler 2, Scott 2, Lafever |
| 24th | Jan. 8 | 38 | 34 | 26 | 8 | 5 | Fowler 2, Scott 2, Lafever |
| 25th | Jan. 9 | 40 | 35 | 27 | 7 | 5 | Fowler 2, Scott 2, Lafever |
| 26th | Jan. 9 | 43 | 35 | 27 | 8 | 5 | Lafever, Fowler, Scott |
| 27th | Jan. 9 | 43 | 34 | 27 | 6 | 5 | Lafever, Fowler, Scott |
| 28th | Jan. 9 | 43 | 35 | 26 | 7 | 6 | Fowler 2, Lafever, Scott |
| 29th | Jan. 9 | 43 | 31 | 26 | 7 | 6 | Fowler 2, Lafever, Scott |
| 30th | Jan. 9 | 43 | 35 | 28 | 7 | 5 | Fowler, Lafever, Scott |
| 31st | Jan. 9 | 43 | 34 | 28 | 7 | 5 | Fowler, Lafever, Scott |
| 32nd | Jan. 9 | 43 | 35 | 26 | 7 | 5 | Fowler, Lafever, Scott |
| 33rd | Jan. 10 | 43 | 35 | 28 | 7 | 5 | Lafever, Scott |
| 34th | Jan. 10 | 44 | 35 | 29 | 7 | 5 | Scott |
| 35th | Jan. 10 | 45 | 35 | 29 | 6 | 6 | Lafever, Scott |
| 36th | Jan. 10 | 44 | 35 | 29 | 6 | 5 | Scott 2, Lafever |
| 37th | Jan. 10 | 44 | 34 | 28 | 6 | 5 | Lafever, Scott |
| 38th | Jan. 11 | 42 | 35 | 26 | 6 | 5 | Fowler, Lafever, Scott |
| 39th | Jan. 11 | 44 | 34 | 26 | 6 | 5 | Scott 3, Fowler, Lafever, Van Santvoord |
| 40th | Jan. 11 | 43 | 35 | 22 | 4 | 3 | Scott 3, Fowler, Lafever, Van Santvoord |
| 41st | Jan. 11 | 43 | 35 | 25 | 6 | 5 | Scott 2, Fowler, Lafever, Van Santvoord |
| 42nd | Jan. 11 | 44 | 35 | 25 | 7 | 4 | Scott 3, Fowler, Lafever, Van Santvoord |
| 43rd | Jan. 11 | 44 | 35 | 25 | 6 | 4 | Scott 3, Fowler, Lafever, Van Santvoord |
| 44th | Jan. 11 | 45 | 34 | 25 | 6 | 4 | Scott 3, Fowler, Lafever, Van Santvoord |
| 45th | Jan. 12 | 45 | 34 | 27 | 5 | 5 | Scott 3, Lafever, Van Santvoord |
| 46th | Jan. 16 | 44 | 35 | 1 | | 24 | Glover 11, Bradner 4, Anthon, Fowler, Lafever, Hayes, Van Santvoord |
| 47th | Jan. 16 | 45 | 35 | 1 | | 30 | Glover 8, Bradner, Fowler, Hayes, Lafever |
| 48th | Jan. 16 | 46 | 1 | 1 | | 59 | Glover 10, Foot 3, Fowler, Hayes, Lafever, Squire |
| 49th | Jan. 16 | 45 | | 1 | | 63 | Glover 9, Foot 4, Deshler 2, Squire |
On January 29, Alonzo S. Upham (R) was elected president pro tempore of the State Senate.

## State Senate
### Districts

* 1st District: Queens, Richmond and Suffolk counties
* 2nd District: Kings County
* 3rd District: 1st, 2nd, 3rd, 4th, 5th and 6th wards of New York City
* 4th District: 7th, 10th, 13th and 17th wards of New York City
* 5th District: 8th, 9th and 14th wards of New York City
* 6th District: 11th, 12th, 15th, 16th, 18th, 19th, 20th, 21st and 22nd wards of New York City
* 7th District: Putnam, Rockland and Westchester counties
* 8th District: Columbia and Dutchess counties
* 9th District: Orange and Sullivan counties
* 10th District: Greene and Ulster counties
* 11th District: Albany and Schenectady counties
* 12th District: Rensselaer County
* 13th District: Saratoga and Washington counties
* 14th District: Clinton, Essex and Warren counties
* 15th District: Franklin and St. Lawrence counties
* 16th District: Fulton, Hamilton, Herkimer and Montgomery counties
* 17th District: Delaware and Schoharie counties
* 18th District: Chenango and Otsego counties
* 19th District: Oneida County
* 20th District: Madison and Oswego counties
* 21st District: Jefferson and Lewis counties
* 22nd District: Onondaga County
* 23rd District: Broome, Cortland and Tioga counties
* 24th District: Cayuga and Wayne counties
* 25th District: Seneca, Tompkins and Yates counties
* 26th District: Chemung and Steuben counties
* 27th District: Monroe County
* 28th District: Genesee, Niagara and Orleans counties
* 29th District: Livingston and Ontario counties
* 30th District: Allegany 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. Mark Spencer, Erastus Brooks, Zenas Clark and George W. Bradford were re-elected. James Rider, Joseph H. Petty, John W. Ferdon, Justin A. Smith and Joseph H. Ramsey changed from the Assembly to the Senate.
Party affiliations follow the vote on Senate and State officers.
| District | Senator | Party | Notes |
| 1st | James Rider* | Republican | |
| 2nd | Cyrus P. Smith | American | |
| 3rd | Daniel E. Sickles | Dem.-Soft | contested by Thomas J. Barr (Dem.-Hard); on November 4, 1856, elected to the 35th U.S. Congress |
| 4th | Joseph H. Petty* | American | |
| 5th | Mark Spencer* | Dem.-Soft | |
| 6th | Erastus Brooks* | American | |
| 7th | John W. Ferdon* | American | unsuccessfully contested by Benjamin Brandreth (Dem.) |
| 8th | William Kelly | Democrat | |
| 9th | Edward M. Madden | Republican | |
| 10th | George S. Nichols | American | |
| 11th | John W. Harcourt | American | |
| 12th | Amos Briggs | American | |
| 13th | Justin A. Smith* | American | |
| 14th | William Hotchkiss | American | |
| 15th | Zenas Clark* | Republican | |
| 16th | Frederick P. Bellinger | Republican | |
| 17th | Joseph H. Ramsey* | Republican | |
| 18th | Addison M. Smith | American | |
| 19th | Eaton J. Richardson | Republican | |
| 20th | M. Lindley Lee | Republican | |
| 21st | Gardner Towne | Republican | |
| 22nd | James Noxon | Republican | |
| 23rd | George W. Bradford* | Republican | |
| 24th | Samuel C. Cuyler | Republican | |
| 25th | James Huntington | Republican | |
| 26th | John K. Hale | American | |
| 27th | John E. Paterson | Republican | |
| 28th | Alonzo S. Upham | Republican | on January 29, elected president pro tempore |
| 29th | Sidney Sweet | American | |
| 30th | John B. Halsted | Republican | |
| 31st | James Wadsworth | Democrat | |
| 32nd | Roderick White | Republican | died on May 26, 1856 |

### Employees

* Clerk: Samuel P. Allen
* Sergeant-at-Arms: Samuel R. Tuell
* Assistant Sergeant-at-Arms: George W. Bedell
* Doorkeeper: William Coppernall
* Assistant Doorkeeper: Henry W. Shipman
* Second Assistant Doorkeeper: Victor M. Dearborn

## State Assembly
### Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
Party affiliations follow the vote on Speaker.
| District | District | Assemblymen | Party | Notes |
| Albany | 1st | Isaac Witbeck | Democrat | |
| Albany | 2nd | Jackson King | American | |
| Albany | 3rd | Henry Jenkins | American | |
| Albany | 4th | James Brady | Democrat | |
| Allegany | 1st | Isaac Hampton | Republican | |
| Allegany | 2nd | Alexander H. Main | Republican | |
| Broome | Broome | Walter L. Peck | Republican | |
| Cattaraugus | 1st | Lorenzo D. Cobb | Republican | |
| Cattaraugus | 2nd | Daniel Bucklin | American | |
| Cayuga | 1st | Sardis Dudley | American | |
| Cayuga | 2nd | Leonard Simons | American | |
| Cayuga | 3rd | Tolbert Powers | Republican | |
| Chautauqua | 1st | Henry A. Prendergast | Republican | |
| Chautauqua | 2nd | Smith Berry | American | |
| Chemung | Chemung | Jefferson B. Clark | Democrat | |
| Chenango | 1st | Tompkins H. Matteson | Democrat | |
| Chenango | 2nd | Frederick Juliand | Republican | |
| Clinton | Clinton | Timothy Hoyle | Democrat | |
| Columbia | 1st | Samuel Ten Broeck | American | |
| Columbia | 2nd | Adam A. Hoysradt | American | |
| Cortland | Cortland | George I. Kingman | Republican | |
| Delaware | 1st | John Mead | Republican | |
| Delaware | 2nd | John Haxtun | American | |
| Dutchess | 1st | John H. Ketcham | Republican | |
| Dutchess | 2nd | Daniel O. Ward | Democrat | |
| Dutchess | 3rd | Jacob B. Carpenter | Republican | |
| Erie | 1st | John G. Deshler | American | |
| Erie | 2nd | Daniel Devening Jr.* | Democrat | |
| Erie | 3rd | John Clark | American | |
| Erie | 4th | Benjamin Maltby | Republican | |
| Essex | Essex | John A. Lee | American | |
| Franklin | Franklin | Albert Hobbs | American | |
| Fulton and Hamilton | Fulton and Hamilton | Isaac Lafever | Whig | |
| Genesee | 1st | Seth Wakeman | Republican | |
| Genesee | 2nd | David Mallory* | Republican | |
| Greene | 1st | Buel Maben | American | |
| Greene | 2nd | Manly B. Mattice | American | |
| Herkimer | 1st | Samuel Green | Republican | |
| Herkimer | 2nd | Amos H. Prescott | American | |
| Jefferson | 1st | Hart Massey | Republican | |
| Jefferson | 2nd | Franklin Parker | Democrat | |
| Jefferson | 3rd | Isaac Wells | Democrat | died on April 8, 1856 |
| Kings | 1st | John Hanford | Democrat | |
| Kings | 2nd | Francis B. Spinola | Democrat | |
| Kings | 3rd | Edward T. Wood | American | |
| Lewis | Lewis | David Algur | Republican | |
| Livingston | 1st | Lyman Odell* | American | |
| Livingston | 2nd | Alonzo Bradner | Democrat | |
| Madison | 1st | Samuel White | Democrat | |
| Madison | 2nd | John Snow | Republican | |
| Monroe | 1st | Benjamin Smith* | Republican | |
| Monroe | 2nd | Eliphaz Trimmer | Democrat | |
| Monroe | 3rd | Joseph Dewey | Republican | |
| Montgomery | 1st | John Van Derveer | Republican | |
| Montgomery | 2nd | Joseph Spraker | Democrat | |
| New York | 1st | Daniel Mahen | Democrat | |
| New York | 2nd | Benjamin Ray | Democrat | |
| New York | 3rd | James Hayes | Democrat | |
| New York | 4th | John D. Dixon* | Democrat | |
| New York | 5th | John J. Reilly | Democrat | |
| New York | 6th | Augustine J. H. Duganne | American | |
| New York | 7th | Samuel Brevoort | American | |
| New York | 8th | James A. Dolan | American | |
| New York | 9th | Erastus W. Glover | Democrat | |
| New York | 10th | John M. Reed | American | |
| New York | 11th | Charles T. Mills | American | |
| New York | 12th | Peter Dawson | Democrat | |
| New York | 13th | William A. Guest | American | |
| New York | 14th | Henry Wiltse | Democrat | |
| New York | 15th | Arthur Woods | Democrat | |
| New York | 16th | John H. Anthon | Democrat | |
| Niagara | 1st | William S. Fenn | American | |
| Niagara | 2nd | John Gould | Republican | |
| Oneida | 1st | George F. Fowler | Whig | |
| Oneida | 2nd | James J. Hanchett | Democrat | |
| Oneida | 3rd | Thomas D. Penfield | Democrat | |
| Oneida | 4th | Caleb Goodrich | Democrat | |
| Onondaga | 1st | Irvin Williams | Republican | |
| Onondaga | 2nd | James Longstreet | Republican | |
| Onondaga | 3rd | Burr Burton | Republican | |
| Onondaga | 4th | Jabez Lewis | American | |
| Ontario | 1st | Samuel A. Foot | Republican | |
| Ontario | 2nd | Oliver Case* | American | |
| Orange | 1st | Isaac Wood | American | |
| Orange | 2nd | William W. Reeve | Democrat | |
| Orange | 3rd | Andrew J. Mills | Democrat | |
| Orleans | Orleans | Dan H. Cole | Republican | |
| Oswego | 1st | Orville Robinson | Democrat | elected Speaker |
| Oswego | 2nd | Andrew S. Warner* | Republican | |
| Otsego | 1st | Timothy D. Bailey | American | |
| Otsego | 2nd | Brown Dimock | Democrat | |
| Otsego | 3rd | Elihu C. Wright | Democrat | |
| Putnam | Putnam | Benjamin Bailey | Democrat | |
| Queens | Queens | Seaman N. Snedeker | American | |
| Rensselaer | 1st | George Van Santvoord | Democrat | |
| Rensselaer | 2nd | Augustus Johnson | American | |
| Rensselaer | 3rd | Sanford A. Tracy | American | |
| Richmond | Richmond | William J. Shea | Democrat | |
| Rockland | Rockland | Edward Whritenour | American | |
| St. Lawrence | 1st | Emory W. Abbott | Republican | |
| St. Lawrence | 2nd | Benjamin Squire | Republican | |
| St. Lawrence | 3rd | Daniel P. Rose Jr. | Republican | |
| Saratoga | 1st | George G. Scott | Democrat | |
| Saratoga | 2nd | Joseph Baucus | Democrat | |
| Schenectady | Schenectady | James Rodgers | American | |
| Schoharie | 1st | John Lovett | Democrat | |
| Schoharie | 2nd | Charles Holmes | Democrat | |
| Seneca | Seneca | James B. Thomas | American | |
| Steuben | 1st | Goldsmith Denniston | American | |
| Steuben | 2nd | Albert C. Morgan | Democrat | |
| Steuben | 3rd | Harlow Hakes | American | |
| Suffolk | 1st | David G. Floyd | Democrat | |
| Suffolk | 2nd | William Sidney Smith | Democrat | |
| Sullivan | Sullivan | William H. Buckley* | American | |
| Tioga | Tioga | Abram H. Miller | Democrat | |
| Tompkins | 1st | William C. Coon | American | |
| Tompkins | 2nd | Robert H. S. Hyde | American | |
| Ulster | 1st | George A. Dudley | American | |
| Ulster | 2nd | Daniel Schoonmaker | American | |
| Warren | Warren | Thomas S. Gray | Democrat | |
| Washington | 1st | John S. Crocker | American | |
| Washington | 2nd | Henry B. Northup | American | |
| Wayne | 1st | Harlow Hyde | Republican | |
| Wayne | 2nd | Thomas Barnes | Republican | |
| Westchester | 1st | Abraham R. Strang | Democrat | |
| Westchester | 2nd | Eli Curtis | Democrat | |
| Wyoming | Wyoming | John C. Paine* | Republican | |
| Yates | Yates | Henry H. Gage | Republican | |

### Employees

* Clerk: Richard U. Sherman
* Sergeant-at-Arms: George B. Woolbridge
* Doorkeeper: Sherman McLean
* First Assistant Doorkeeper: John Davies
* Second Assistant Doorkeeper: Henry White