90th New York State Legislature
|90th New York State Legislature|
The Old State Capitol (1879)
|Duration: January 1 – December 31, 1867|
|President of the State Senate:||Lt. Gov. Stewart L. Woodford (R)|
|Temporary President of the State Senate:||Charles J. Folger (R), from January 31;
John O'Donnell (R), on April 1;
Henry C. Murphy (D), on April 10
|Speaker of the State Assembly:||Edmund L. Pitts (R)|
|Senate Majority:||Republican (27-5)|
|Assembly Majority:||Republican (83-45)|
|1st: January 1 – April 20, 1867|
The 90th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 1 to April 20, 1867, during the third year of Reuben E. Fenton's governorship, in Albany.
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 (four 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 16, 1866, the Legislature re-apportioned the Assembly seats per county. Allegany, Chenango, Herkimer, Jefferson, Livingston, Steuben and Suffolk counties lost one seat each; Erie County gained one seat, Kings County gained two seats; and New York County gained four seats.
On April 25, 1866, the Legislature re-apportioned the Senate districts.
At this time there were two major political parties: the Republican Party and the Democratic Party. During the American Civil War many War Democrats had joined the Republicans, and after the end of the war the parties re-aligned, leaving the Democrats in a minority. To increase their ranks, the Democrats now proposed to form a "Conservative Union" of Democrats and Conservative Republicans, and nominated a state ticket with Democrat John T. Hoffman for Governor, and Republican Robert H. Pruyn for Lieutenant Governor.
The New York state election, 1866 was held on November 6. Gov. Reuben E. Fenton was re-elected. Stewart L. Woodford (R) was elected Lieutenant Governor, and the other two statewide elective offices up for election were carried by the Republicans too. The approximate party strength at this election, as expressed by the vote for Governor, was: Republicans 366,000 and Conservative Union 352,000. 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 in the affirmative.
The Legislature met for the regular session at the Old State Capitol in Albany on January 1, 1867; and adjourned on April 20.
On January 25, the State Senate concluded the trial of George W. Smith, Judge of the Oneida County Court, and removed Smith from office.
On January 31, Charles J. Folger was re-elected President pro tempore of the State Senate.
On April 1, John O'Donnell (R) was elected President pro tempore "for the evening."
On April 10, Henry C. Murphy (D) was elected President pro tempore "for the day."
On April 23, the delegates to the Constitutional Convention were elected, resulting in a Republican majority.
On June 4, the Constitutional Convention met at Albany. William A. Wheeler was chosen President, and Luther Caldwell Secretary. On the opening day, one of the delegates, Assemblyman L. Harris Hiscock was murdered at Stanwix Hall (a hotel in Albany).
On September 23, the Constitutional Convention adjourned.
On November 5, the New York state election, 1867, was held. All eight statewide elective offices up for election were carried by the Democrats, and a Democratic majority was elected to the Assembly.
On November 12, the Constitutional Convention met again, and adjourned sine die on February 28, 1868. How to put the proposed amendments before the electorate was then debated throughout the 91st and the 92nd Legislatures, and all amendments, except the re-organization of the judicial system, were eventually rejected by the voters at the New York state election, 1869.
Note: The Senators in the 90th Legislature had been elected in November 1865 for a two-year term under the apportionment of 1857, as listed below. Although the 89th Legislature (1866) had re-apportioned the Senate districts, the first election under the new apportionment was held in November 1867, to elect the senators who sat in the 91st Legislature.
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.
The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.
|1st||Nicholas B. La Bau*||Republican|
|2nd||Henry R. Pierson*||Republican|
|3rd||Henry C. Murphy*||Democrat||on April 10, elected President pro tempore;
also a delegate to the Constitutional Convention
|5th||Charles G. Cornell*||Democrat|
|8th||Edmund G. Sutherland*||Democrat|
|9th||Henry R. Low*||Republican|
|11th||Edward G. Wilbor*||Republican|
|13th||Lorenzo D. Collins*||Republican|
|15th||Adam W. Kline*||Republican|
|16th||Moss K. Platt*||Republican|
|18th||John O'Donnell*||Republican||on April 1, elected President pro tempore|
|20th||George H. Andrews*||Republican|
|21st||John J. Wolcott*||Republican|
|22nd||Andrew D. White*||Republican|
|25th||Stephen K. Williams*||Republican|
|26th||Charles J. Folger*||Republican||on January 31, elected President pro tempore;
also a delegate to the Constitutional Convention
|27th||John I. Nicks||Republican||elected to fill vacancy, in place of Stephen T. Hayt;
until March 1867, also Mayor of Elmira
|30th||Wolcott J. Humphrey*||Republican|
|31st||David S. Bennett*||Republican|
|32nd||Walter L. Sessions*||Republican|
- Clerk: James Terwilliger
- Sergeant-at-Arms: Arthur Hotchkiss
- Assistant Sergeant-at-Arms: Sanders Wilson
- Doorkeeper: Herman B. Young
- First Assistant Doorkeeper: Frank M. Jones
- Second Assistant Doorkeeper: Nathaniel Saxton
- Third Assistant Doorkeeper: August Wagner
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
Party affiliations follow the vote for Speaker.
|2nd||Henry Smith||Republican||also D.A. of Albany Co.|
|4th||Oscar F. Potter||Republican|
|Allegany||Charles M. Crandall||Republican|
|Broome||James Van Valkenburgh||Republican|
|Cattaraugus||1st||Heman G. Button||Republican|
|2nd||William E. Hunt||Republican|
|Cayuga||1st||Homer N. Lockwood*||Republican|
|2nd||John L. Parker*||Republican|
|Chautauqua||1st||Joseph B. Fay*||Republican|
|Chemung||George W. Buck||Republican|
|Clinton||Smith M. Weed*||Democrat||also a delegate to the Constitutional Convention|
|Columbia||1st||Jacob H. Duntz||Republican|
|2nd||Stephen H. Wendover||Republican|
|Cortland||Horatio Ballard||Republican||also a delegate to the Constitutional Convention|
|2nd||George C. Gibbs||Republican|
|Dutchess||1st||Augustus A. Brush||Republican|
|2nd||Mark D. Wilber*||Republican|
|Erie||1st||Charles W. Hinson||Democrat|
|3rd||Roswell L. Burrows||Republican|
|5th||Joseph H. Plumb||Republican|
|Essex||Palmer E. Havens||Republican|
|Franklin||James W. Kimball*||Republican|
|Fulton and Hamilton||Joseph Covell*||Republican|
|Genesee||Henry F. Tarbox||Republican|
|Greene||Thomas A. Briggs||Democrat|
|Herkimer||Seth M. Richmond||Republican|
|Jefferson||1st||LaFayette J. Bigelow||Republican|
|2nd||Albert D. Shaw||Republican|
|5th||Caleb F. Buckley||Democrat|
|7th||Henry M. Dixon||Democrat||unsuccessfully contested by Ira Buckman Jr.|
|9th||John C. Jacobs||Democrat|
|Lewis||Henry A. Phillips||Republican|
|Livingston||Jacob A. Mead||Republican|
|Madison||1st||Bushrod E. Hoppin||Republican|
|2nd||Benjamin F. Bruce||Republican|
|3rd||Abner I. Wood*||Republican|
|New York||1st||Michael C. Murphy||Democrat|
|4th||John J. Blair||Democrat|
|7th||Frank A. Ransom||Democrat||unsuccessfully contested by Edward Mitchell|
|9th||Henry Rogers||Democrat||also a delegate to the Constitutional Convention|
|11th||John V. Gridley||Republican|
|14th||Thomas J. Creamer*||Democrat|
|19th||John E. Develin||Democrat|
|21st||Henry W. Genet||Democrat|
|2nd||Ellis H. Roberts||Republican|
|3rd||George H. Sanford||Democrat|
|4th||Leander W. Fiske||Republican|
|Onondaga||1st||Daniel P. Wood*||Republican|
|2nd||L. Harris Hiscock||Republican||also a delegate to the Constitutional Convention;
murdered on June 4, 1867
|2nd||Samuel H. Torrey||Republican|
|Orange||1st||Lewis B. Halsey||Republican|
|2nd||George W. Millspaugh*||Democrat|
|Orleans||Edmund L. Pitts*||Republican||elected Speaker|
|Oswego||1st||DeWitt C. Littlejohn*||Republican|
|2nd||William H. Rice*||Republican|
|Otsego||1st||Edgar B. Clarke||Republican|
|Putnam||Lewis H. Gregory||Democrat||contested; seat vacated on January 16|
|Stephen Baker||Republican||seated on January 16|
|2nd||William B. Wilson||Democrat|
|2nd||Marshall F. White*||Republican|
|Richmond||Nathaniel J. Wyeth||Democrat|
|St. Lawrence||1st||George M. Gleason*||Republican|
|2nd||William R. Chamberlain*||Republican|
|Saratoga||1st||Truman G. Younglove*||Republican|
|2nd||Austin L. Reynolds*||Republican|
|Schenectady||Charles G. Ellis||Republican|
|Schoharie||William S. Clark||Democrat||Assemblyman-elect Daniel Shaver died;
Clark elected to fill vacancy
|Schuyler||Samuel M. Barker*||Republican|
|Seneca||Samuel R. Welles||Democrat|
|Steuben||1st||William B. Boyd*||Republican|
|Suffolk||Alfred Wagstaff Jr.||Republican|
|Sullivan||David G. Starr||Democrat||Assemblyman-elect Alfred J. Baldwin died;
Starr elected to fill vacancy on December 18, 1866
|Tioga||Oliver A. Barstow||Republican|
|Tompkins||John H. Selkreg||Republican|
|3rd||John G. Baker||Democrat|
|2nd||Adolphus F. Hitchcock||Republican||also a delegate to the Constitutional Convention|
|2nd||Ornon Archer||Republican||also a delegate to the Constitutional Convention|
|Westchester||1st||Samuel M. Purdy||Democrat|
|2nd||George J. Penfield||Democrat|
|3rd||David W. Travis||Republican|
|Yates||Charles S. Hoyt||Republican|
- Clerk: Luther Caldwell
- Sergeant-at-Arms: John H. Kemper
- Doorkeeper: J. B. Davis
- First Assistant Doorkeeper: Charles G. Gardiner
- Second Assistant Doorkeeper: James Tanner
- Except New York City where the wards were apportioned into election districts, and then some whole wards and some election districts of other wards were gerrymandered together into Assembly districts.
- Laws of the State of New York (89th session) (1866; pg. 1301f, Chap. 607 "AN ACT for the apportionment of the Members of Assembly of this State")
- Laws of the State of New York (89th session) (1866; pg. 1762ff, Chap. 805 "AN ACT to organize the Senate Districts of the State")
- Buckman had been defeated for re-election, and claimed that Dixon was not a United States citizen. Dixon showed his certificate of naturalization to the Committee on Elections, and retained his seat; see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 397f)
- see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 399ff)
- see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 401–407)
- The New York Civil List compiled by Franklin Benjamin Hough, Stephen C. Hutchins and Edgar Albert Werner (1870; see pg. 439 for Senate districts; pg. 444 for senators; pg. 450–463 for Assembly districts; pg. 506f for assemblymen; and pg. 593ff for the Constitutional Convention)
- Journal of the Senate (90th Session) (1867)
- Journal of the Assembly (90th Session) (1867; Vol. I)
- Life Sketches of the State Officers, Senators, and Members of the Assembly of the State of New York in 1867 by S. R. Harlow & H. H. Boone
- Journal of Proceedings of the Senate in the Matter of George W. Smith, Judge of Oneida County, in Relation to Charges Submitted to the Senate by the Governor (1867)