78th New York State Legislature

The 78th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 2 to April 14, 1855, during the first year of Myron H. Clark's governorship, in Albany.

78th New York State Legislature
77th 79th
The Old State Capitol (1879)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJanuary 1 – December 31, 1855
Senate
Members32
PresidentLt. Gov. Henry J. Raymond (W)
Temporary PresidentJosiah B. Williams (W), from January 22
Party controlWhig (18-10-4)
Assembly
Members128
SpeakerDeWitt C. Littlejohn (W)
Party controlWhig
Sessions
1stJanuary 2 – April 14, 1855

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 were two major political parties: the Democratic Party and the Whig Party.

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 Barnburners were against the permission of slavery in new Territories or States, but were now the minority in the party. The small faction of the Free Soil Party which advocated abolition of slavery, now known as the "Free Democratic Party", endorsed the Whig nominees Clark and Raymnond.

The Whig Party was in the process of disintegrating. The radical anti-slavery Whigs formed the Anti-Nebraska Party, the moderate anti-slavery wing became the Republican Party in other States, but still retained the Whig label in New York. Most of the Whigs which favored a compromise, or preferred to sidestep the issue, joined the Know Nothing movement which ran as the American Party.

About this time the Temperance movement began to enter politics to advocate legal and/or political measures to prohibit the sale of alcoholic beverages, and endorsed candidates of the major parties who favored prohibition. At this election, they endorsed the Whig nominees Clark and Raymond.

Elections

The New York state election, 1854 was held on November 7. Due to the Democratic split, the whole Whig ticket was elected. State Senator Myron H. Clark and New York Times publisher Henry J. Raymond were elected Governor and Lieutenant Governor. Clark defeated the incumbent Gov. Horatio Seymour (Soft) by a plurality of only 309 votes. The approximate party strength at this election, as expressed by the vote on Governor was: Whig/Anti-Nebraska/Temperance/Free Democratic/Anti-Rent fusion 156,800; Soft 156,500; American 122,000, and Hard 34,000.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1855; and adjourned on April 14.

DeWitt C. Littlejohn (W) was elected Speaker.

On January 22, Josiah B. Williams (W) was elected president pro tempore of the State Senate.

On February 6, the Legislature re-elected U.S. Senator William H. Seward (W) to a second six-year term, beginning on March 4, 1855.

On March 2, Richard M. Blatchford (W) was elected Speaker pro tempore of the Assembly.

On April 9, the Legislature passed "An Act for the prevention of Intemperance, Pauperism and Crime", thus enacting Prohibition.[1] The law was declared unconstitutional in March 1856 by the New York Court of Appeals, thus repealing Prohibition.

State Senate

Districts

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.

Party affiliations follow the vote on U.S. Senator.[2]

DistrictSenatorPartyNotes
1stHugh Halsey*Dem.-Hard
2ndJames H. Hutchins*Dem.-Hard
3rdThomas J. Barr*Dem.-Hard
4thThomas R. Whitney*Americanon November 7, 1854, elected to the 34th U.S. Congress
5thMark Spencer*Dem.-Soft
6thErastus Brooks*American
7thWilliam H. Robertson*Whig
8thRobert A. Barnard*Whig
9thJohn D. Watkins*Dem.-Hard
10thEliakim Sherrill*Whig
11thClarkson F. Crosby*Whig
12thElisha N. Pratt*Whig
13thJames C. Hopkins*Whigalso Postmaster of Granville
14thGeorge Richards*Whig
15thZenas Clark*Dem.-Soft
16thGeorge Yost*Whig
17thPeter S. Danforth*Dem.-Hard
18thAdam Storing*Democrat
19thDaniel G. Dorrance*Whig
20thSimon C. Hitchcock*Democrat
21stRobert Lansing*Democrat
22ndJames Munroe*Whig
23rdGeorge W. Bradford*Whig
24thWilliam Clark*Whig
25thJosiah B. Williams*Whigon January 22, elected president pro tempore
26thAndrew B. Dickinson*Whig
27thWilliam S. Bishop*Whig
28thBen Field*Whig
29thWilliam H. GoodwinAmericanelected to fill vacancy, in place of Myron H. Clark:
took his seat on February 5
30thMartin Butts*Whig
31stJames O. Putnam*American
32ndAlvah H. Walker*Whig

Employees

  • Clerk: Hugh J. Hastings
  • Sergeant-at-Arms: Joseph Garlinghouse
  • Assistant Sergeant-at-Arms: Hiram M. Eaton
  • Doorkeeper: Samuel R. Tuell
  • Assistant Doorkeeper: Almond Becker

State Assembly

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

Party affiliations follow the vote on U.S. Senator.[3]

DistrictAssemblymenPartyNotes
Albany1stPryse Campbell
2ndMartin J. BlessingAmerican
3rdAlexander DavidsonWhig
4thJames B. Van EttenAmericanpreviously a member from Chemung Co.[4]
Allegany1stLucien B. JohnsonWhig
2ndLucius S. May*Whig
BroomeCharles McKinneyWhig
Cattaraugus1stAlexander StorrsDem.-Hard
2ndJames Kirkland*Whig
Cayuga1stMoore CongerDem.-Soft
2ndDavid L. DodgeDemocrat
3rdWilliam B. WoodinWhig
Chautauqua1stSamuel S. WhallonAmericanvoted for Dix;
on November 6, 1855, elected a Canal Commissioner
2ndFrancis W. Palmer*American
ChemungOrrin RobinsonWhig
Chenango1stDaniel PalmerWhig
2ndLewis FairchildWhig
ClintonJosiah T. EverestWhig
Columbia1stDavid RhodaWhig
2ndElisha W. BushnellWhig
CortlandJohn H. KnappWhig
Delaware1stWilliam B. SmithDem.-Soft
2ndEzekiel MillerWhig
Dutchess1stAlbert EmansAmerican
2ndJoseph E. AllenDem.-Hard
3rdAmbrose WagerDem.-Soft
Erie1stWilliam W. Weed*American
2ndDaniel Devening Jr.Dem.-Soft
3rdLorenzo D. CoveyDem.-Hard
4thSeth W. GoddardAmerican
EssexNathaniel C. BoyntonWhig
FranklinEdward FitchWhig
Fulton and HamiltonWesley Gleason*Whig
Genesee1stAmbrose StevensDem.-Hard
2ndDavid MalloryWhig
Greene1stMartin L. RickersonWhig
2ndJohn C. PalmerFree Dem.
Herkimer1stEdmund G. ChapinFree Dem.
2ndWilliam BridenbeckerDem.-Soft
Jefferson1stCalvin Littlefield*Whig
2ndMoses EamesWhig
3rdJoshua MainWhig
Kings1stAugustus H. IvansDem.-Hardunsuccessfully contested by David S. Mills[5]
2ndGeorge A. SearingDem.-Hard
3rdJohn H. RhodesAmerican
LewisAaron ParsonsDem.-Soft
Livingston1stLyman OdellDem.-Hard
2ndMcNiel SeymourDem.-Hard
Madison1stGilbert TompkinsWhig
2ndAaron B. BrushWhig
Monroe1stBenjamin SmithWhig
2ndJohn W. StebbinsWhig
3rdNehemiah P. Stanton Jr.Free Dem.
Montgomery1stAaron W. Hull*Whig
2ndHezekiah Baker*Whig
New York1stDavid O'KeefeDem.-Soft
2ndRobert B. ColemanWhig
3rdPatrick H. Maguire*Dem.-Hardvoted for Seward
4thJohn D. DixonDem.-Hard
5thEdwin L. SmithDem.-Soft
6thWilliam B. Aitken*Dem.-Hard
7thCharles C. Leigh*Dem.-Softvoted for Seward
8thTheodore StuyvesantWhig
9thRobert J. JimmersonWhig
10thNicholas SeagristDem.-Soft
11thJoseph H. PettyAmerican
12thWilliam G. McLaughlinDem.-Soft
13thRichard M. BlatchfordWhigon March 2, elected Speaker pro tempore
14thThomas J. MundayDem.-Hard
15thAras G. WilliamsAmerican
16thJohn S. CocksAmerican
Niagara1stLinus Jones PeckAmerican
2ndIra TompkinsWhig
Oneida1stGeorge D. WilliamsWhig
2ndLevi BlakesleeWhig
3rdHezekiah H. BeecherWhig
4thDaniel WalkerWhig
Onondaga1stJames M. Munro*Free Dem.voted for Seward
2ndWilliam J. MachanWhig
3rdDudley P. PhelpsWhig
4thJoshua V. H. ClarkWhig
Ontario1stWilliam H. LamportAmerican
2ndOliver CaseDemocrat
Orange1stJoel T. HeadleyAmerican/Temp.on November 6, 1855, elected Secretary of State of New York
2ndSamuel BeyeaWhig
3rdJames BennettWhig
OrleansElisha S. WhalenAmericanAssemblyman-elect Alexis Ward died on November 28, 1854;[6]
Whalen elected to fill the vacancy on December 26, 1854
Oswego1stDeWitt C. Littlejohn*Whigelected Speaker
2ndJacob M. SeldenFree Dem.contested, vacated on March 8[7]
Andrew S. Warnerseated on March 8
Otsego1stHenry H. DavyDem.-Soft
2ndAlonzo ChurchillWhig
3rdWilliam ComstockWhig
PutnamJames J. Smalley*Dem.-Hard
QueensJames RiderFree Dem.
Rensselaer1stJonathan Edwards*Whig
2ndNicholas M. MastersDemocrat
3rdEdmond ColeWhig
RichmondJohn F. RaymondWhig
RocklandJohn W. FerdonAmerican
St. Lawrence1stAsaph GreenFree Dem.
2ndSilas Baldwin*Whig
3rdLevi Miller*Dem.-Soft
Saratoga1stCornelius SchuylerWhig
2ndJohn TerhuneWhig
SchenectadyJames DonnanWhig
Schoharie1stWilkinson WilseyWhig
2ndJoseph H. RamseyWhig
SenecaDaniel S. KendigAmerican
Steuben1stSeth B. ColeWhig
2ndSylvester SmithWhig
3rdPeter C. WardDem.-Soft
Suffolk1stJohn E. ChesterAmerican
2ndDavid PlattWhig
SullivanWilliam H. BuckleyDem.-Hard
TiogaCarlisle P. JohnsonWhig
Tompkins1stFrederick S. DumontWhig
2ndJustus P. PennoyerWhig
Ulster1stTheodore B. GatesAmerican
2ndAsa S. WygantAmerican
WarrenReuben WellsWhig
Washington1stJames I. LourieWhig
2ndJustin A. SmithDemocrat
Wayne1stJames T. WisnerWhig
2ndJohn P. Bennett*Whig
Westchester1stDaniel HuntWhig
2ndFrederick W. WaterburyAmericanvoted for Dickinson
WyomingJohn C. PaineWhig
YatesJacob B. Van OsdolWhig

Employees

  • Clerk: Richard U. Sherman
  • Sergeant-at-Arms: Byron Ellsworth
  • Doorkeeper: Harmon Groesbeck
  • First Assistant Doorkeeper: Samuel Hall
  • Second Assistant Doorkeeper: William Buttro

Notes

Sources