The 82nd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4 to April 19, 1859, during the first year of Edwin D. Morgan'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 (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.

At this time there were two major political parties: the Democratic Party and the Republican Party. The Know Nothing movement ran in the election as the "American Party."

Elections The 1858 New York state election was held on November 2. Republicans Edwin D. Morgan and Robert Campbell were elected Governor and Lieutenant Governor. The other two statewide elective offices were also carried by the Republicans. The approximate party strength at this election, as expressed by the vote for Governor was: Republican 248,000; Democratic 230,000; and American 61,000.

Sessions The Legislature met for the regular session at the Old State Capitol in Albany on January 4, 1859; and adjourned on April 19.

DeWitt C. Littlejohn (R) was again elected Speaker with 90 votes against 28 for John W. Chanler (D) and 6 for Chauncey Boughton (A).

On January 18, William A. Wheeler (R) was elected president pro tempore of the State Senate.

State Senate Districts

1st District: Queens, Richmond and Suffolk counties 2nd District: 1st, 2nd, 3rd, 4th, 5th, 7th, 11th, 13th and 19th wards of the City of Brooklyn 3rd District: 6th, 8th, 9th, 10th, 12th, 14th, 15th, 16th, 17th and 18th wards of the City of Brookland; and all towns in Kings County 4th District: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 14th wards of New York City 5th District: 10th, 11th, 13th and 17th wards of New York City 6th District: 9th, 15th, 16th and 18th wards of New York City 7th District: 12th, 19th, 20th, 21st and 22nd wards of New York City 8th District: Putnam, Rockland and Westchester counties 9th District: Orange and Sullivan counties 10th District: Greene and Ulster counties 11th District: Columbia and Dutchess counties 12th District: Rensselaer and Washington counties 13th District: Albany County 14th District: Delaware, Schenectady and Schoharie counties 15th District: Fulton, Hamilton, Montgomery and Saratoga 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: Oswego County 22nd District: Onondaga County 23rd District: Chenango, Cortland and Madison 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

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 Notes1stJoshua B. Smith* Democrat2ndSamuel Sloan* Democrat3rdFrancis B. Spinola* Democrat4thJohn C. Mather* Democrat5thSmith Ely, Jr.* Democrat6thRichard Schell* Democrat7thJohn Doherty* Democratdied on April 20, 18598thBenjamin Brandreth* Democrat9thOsmer B. Wheeler* American10thGeorge W. Pratt* Democrat 11thWilliam G. Mandeville* Democratcontested; seat declared vacant on March 16Mandeville had been appointed as Postmaster of Stuyvesant Falls in June 1858, had executed his oath and bond, had sent them to the U.S. Postal Department but, before his commission could have been issued, had declined to take the office. He then appeared at the beginning of the session of 1859, and took his seat. After much debate the Republican majority declared the seat vacant, holding that the mere one-time acceptance of the office forfeited the seat.Henry C. Wetmore Americanseated on April 5Wetmore had been elected at the State election in November 1858, although a vacancy was claimed only unilaterally, no notice of such a special election had been given by the Secretary of State, and no candidates were nominated by the other parties. After much controversy, Wetmore was finally seated by the Republican majority, under protest by the Democrats. For the arguments for and against seating Wetmore, see Documents of the Senate (82nd Session) (1859; Vol. 2, No. 104 and 105)12thJohn D. Willard* Democrat13thGeorge Y. Johnson* American14thEdward I. Burhans* Democrat15thGeorge G. Scott* Democrat16thRalph A. Loveland* Republican17thWilliam A. Wheeler* Republicanon January 18, elected president pro tempore18thJoseph A. Willard* Republican19thAlrick Hubbell* Republican20thAddison H. Laflin* Republican21stCheney Ames* Republican22ndJames Noxon* Republican23rdJohn J. Foote* Republican24thLyman Truman* Republican25thAlexander B. Williams* Republican26thTruman Boardman* Republican27thAlexander S. Diven* Republican28thJohn E. Paterson* Republican 29thHoratio J. Stow* Independentdid not take his seat during this session; died on February 19, 1859George D. Lamont Republicanelected to fill vacancy; seated on March 2130thJohn B. Halsted* Republican31stErastus S. Prosser Republicanelected to fill vacancy, in place of James Wadsworth32ndJohn P. Darling* Republican

Employees Clerk: Samuel P. Allen Deputy Clerk: Henry J. Sickles Sergeant-at-Arms: Henry W. Dwight Assistant Sergeant-at-Arms: Simeon Dillingham Doorkeeper: Richard U. Owens First Assistant Doorkeeper: Henry W. Shipman Second Assistant Doorkeeper: Samuel Ten Eyck Third Assistant Doorkeeper: James P. Clark Journal Clerk: James Terwilliger Engrossing Clerks: A. N. Cole, Charles G. Fairman

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

Party affiliations follow the vote for Speaker.

District Assemblymen Party Notes Albany1stHenry Creble Democrat2ndMorgan L. Filkins American3rdWilliam A. Young Democrat4thLorenzo D. Collins Republican Allegany1stAlfred Lockhart Republican2ndWiliam Cobb Republican BroomeOsborne E. Bump Republican Cattaraugus1stMarsena Baker Republicandied on March 42ndWilliam Buffington Jr.* Republican Cayuga1stWilliam W. Payne Republican2ndChauncey M. Abbott* Republican Chautauqua1stHenry Bliss* Republican2ndSidney E. Palmer Republican ChemungPeter Wintermute Republican Chenango1stGrant B. Palmer Democrat2ndJudson L. Grant Republican ClintonLewis W. Pierce Republican Columbia1stHenry P. Heermance Democrat2ndJames G. Van Volkenburgh Republican CortlandArthur Holmes Republican Delaware1stBarna R. Johnson Republican2ndSamuel A. Law* American Dutchess1stJames Mackin Republican2ndSamuel J. Farnum Republican Erie1stDaniel Bowen Republican2ndHenry B. Miller Republican3rdJohn S. King American4thWilson Rogers Republican EssexMonroe Hall* Republican FranklinMartin L. Parlin Republican Fulton and HamiltonHenry W. Spencer American GeneseeElbridge G. Moulton Republican GreeneAugustus R. Macomber Democrat Herkimer1stSolomon Graves Republican2ndLester Green Republican Jefferson1stRussell Weaver Republican2ndPatrick S. Stewart Republican3rdFurman Fish Republican Kings1stJoseph Wilson Democrat2ndMarcus D. Moore Republican3rdHarmanus B. Duryea* Republican4thThomas A. Gardiner Democrat5thLucius C. Andrus Republican6thAbraham Meserole Jr. Republican7thFranklin Tuthill Republicanpreviously a member from Suffolk Co. LewisLyman R. Lyon Republican Livingston1stSamuel L. Fuller Republican2ndJohn Wiley Republican Madison1stSimeon Rider Republican2ndNoah M. Coburn Republican Monroe1stHarrison A. Lyon Republican2ndElias Pond Republican3rdAlphonso Perry Republican MontgomeryJeremiah Snell American New York1stJacob L. Smith* Democrat2ndMichael Fitzgerald* Democrat3rdChristian B. Woodruff Democrat4thWilliam Gover Democrat5thJohn J. Shaw Republican6thGeorge A. Jeremiah* Democrat7thFrederick A. Conkling Republican8thJames J. Reilly Democrat9thCharles S. Spencer Republican10thJohn W. Chanler* Democrat11thNoah D. Childs* Democrat12thTheodore E. Tomlinson Democrat13thPeter Masterson Democrat14thGeorge Opdyke Republican15thStephen S. Childs Republican16thJames C. Rutherford Democrat17thJames McLeod Democrat Niagara1stJames Sweeney Republican2ndBurt Van Horn* Republican Oneida1stCharles M. Scholefield Republican2ndEdward Loomis Republican3rdPatrick C. Costello Republican4thDidymus Thomas Republican Onondaga1stLuke Ranney Republican2ndHenry W. Slocum Republican3rdOrin Aylworth Republican Ontario1stUlysses Warner Democrat2ndShotwell Powell Republican Orange1stJames H. Mallery Democrat2ndJoseph Davis Republican OrleansAlmanzor Hutchinson* Republican Oswego1stDeWitt C. Littlejohn Republicanelected Speaker2ndJames J. Coit Republican3rdBeman Brockway Republican Otsego1stGeorge F. Longenhelt Republican2ndDavid B. St. John Republican PutnamEdwin A. Pelton Republican Queens1stEdward A. Lawrence* Democrat2ndRobert L. Meeks Republican Rensselaer1stThomas Coleman American2ndHenry B. Clark Republican3rdAnson Bingham Republican RichmondRobert Christie Jr. Democrat RocklandWesley J. Weiant* Democrat St. Lawrence1stHarlow Godard* Republican2ndWilliam Briggs* Republican3rdOscar F. Shepard* Republican Saratoga1stChauncey Boughton* American2ndGeorge S. Batcheller Republican SchenectadyCharles Thomas Republican SchoharieWilliam C. Lamont Democrat SchuylerIsaac D. Mekeel Republican SenecaJacob P. Chamberlain Republican Steuben1stAbel Eveland Republican2ndWickham R. Crocker Republican3rdJohn T. Plato Republican Suffolk1stBenjamin F. Wiggins Republican2ndRichard J. Cornelius Democrat SullivanGideon E. Bushnell Democrat TiogaDavid Earll Republican TompkinsWilliam Woodbury Republican Ulster1stEdmund Suydam Democrat2ndAlbert Carpenter American3rdAbraham D. Ladew Republican WarrenElisha Pendell Republican Washington1stAndrew Thompson Republican2ndJames M. Northup Republican Wayne1stHenry K. Graves Republican2ndJohn A. Laing Republican Westchester1stAugustus Van Cortlandt Democrat2ndJames S. See Republican3rdGaylord B. Hubbell Republican WyomingElias C. Holt Republican YatesDaniel Morris Republican

Employees Clerk: William RichardsonWilliam Richardson (1822–1893), later an alderman in Brooklyn, and owner of the Atlantic Avenue Railroad; see Biography Sergeant-at-Arms: Daniel M. Prescott Doorkeeper: George C. Dennis First Assistant Doorkeeper: Second Assistant Doorkeeper:

Notes

Sources The New York Civil List compiled by Franklin Benjamin Hough, Stephen C. Hutchins and Edgar Albert Werner (1867; see pg. 439 for Senate districts; pg. 442 for senators; pg. 450–462 for Assembly districts; and pg. 487ff for assemblymen) Journal of the Senate (82nd Session) (1859) Journal of the Assembly (82nd Session) (1859) Biographical Sketches of the State Officers and Members of the Legislature of the State of New York in 1859 by William D. Murphy