95th New York State Legislature

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.

At this time there were two major political parties: the Republican Party and the Democratic Party.

Elections

The 1871 New York state election was held on November 7. All seven statewide elective offices up for election were carried by the Republicans. The approximate party strength at this election, as expressed by the vote for Secretary of State, was: Republicans 387,000 and Democrats 368,000.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1872; and adjourned on May 14.

Henry Smith (R) was elected Speaker with 95 votes against 26 for John C. Jacobs (D).

In his annual message to the Legislature, Gov. John T. Hoffman suggested that a bi-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each judicial district, appointed by the Governor, and confirmed by the State Senate, equally divided between Democrats and Republicans.

William B. Woodin (R) was elected President pro tempore of the State Senate.

On May 1, Supreme Court Justice Albert Cardozo tendered his resignation, just before the report of the Judiciary Committee of the Assembly, which proposed his impeachment, was read. No further action was taken against Cardozo.

On May 2, the Assembly impeached Supreme Court Justice George G. Barnard.

On May 23, the Senate set the opening of the trial of Judge John McCunn, of the New York City Marine Court, for June 18.

On June 18, the Senate met for the trials of Judge McCunn, and Chenango County Judge Horace G. Prindle.

On July 2, the Senate removed Judge McCunn from office.

On July 17, the New York Court for the Trial of Impeachments met at Saratoga Springs to open the trial of Justice Barnard.

On August 19, Barnard was convicted by the Impeachment Court, was removed from office, and barred from ever holding public office again.

On December 4, the Constitutional Commission met.

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

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. Isaac V. Baker Jr., Webster Wagner and James H. Graham changed from the Assembly to the Senate.

Employees

• Clerk: James Terwilliger, resigned February 14
  • Charles R. Dayton, from February 17
• Sergeant-at-Arms: Edwin J. Loomis
• Doorkeeper: Daniel K. Schram
• Assistant Doorkeeper: J. D. Lonergan
• Journal Clerk: Charles R. Dayton, until February 17

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.

Employees

• Clerk: Cornelius S. Underwood, died on April 27, 1872
  • Edward M. Johnson, from May 1, 1872
• Sergeant-at-Arms: Philip J. Rhinehardt
• Doorkeeper: Eugene L. Demers
• First Assistant Doorkeeper: James H. Lee
• Second Assistant Doorkeeper: James Hogan

Notes

Sources

• Civil List and Constitutional History of the Colony and State of New York compiled by Edgar Albert Werner (1884; see pg. 276 for Senate districts; pg. 290 for senators; pg. 298–304 for Assembly districts; and pg. 372f for assemblymen)
• Journal of the Assembly (95th Session) (1872, Vol. I, January 2 to April 9, 1872)
• Journal of the Assembly (95th Session) (1872, Vol. II, April 9 to May 14, 1872)
• Senators Elected and Assemblymen Elected in Corning Journal on November 16, 1871
• THE ASSEMBLY in NYT on December 1, 1871
• THE REFORM LEGISLATURE in NYT on January 3, 1872

References

1. 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.
2. [https://timesmachine.nytimes.com/timesmachine/1872/05/02/79181303.pdf ''OUR CORRUPT JUDGES''] in NYT on May 2, 1872
3. [https://timesmachine.nytimes.com/timesmachine/1872/05/03/78778169.pdf ''ALBANY; The Impeachment of Judge George G. Barnard''] in NYT on May 3, 1872
4. [https://timesmachine.nytimes.com/timesmachine/1872/05/24/78780173.pdf ''THE STATE SENATE; Executive Session on the Accused Judges' Cases''] in NYT on May 24, 1872
5. [https://timesmachine.nytimes.com/timesmachine/1872/06/19/79022797.pdf ''TRIAL OF THE JUDGES''] in NYT on June 19, 1872; Prindle was acquitted in January 1873.
6. [https://timesmachine.nytimes.com/timesmachine/1872/07/03/82730831.pdf ''EXIT McCUNN''] in NYT on July 3, 1872
7. [https://timesmachine.nytimes.com/timesmachine/1872/08/20/79188108.pdf ''Exit Barnard''] in NYT on August 20, 1872
8. Tweed did not claim the seat, and his chair remained empty throughout the session. A resolution to vacate the seat, and then call a special election to fill the seat, was proposed, but no action was taken. O'Donovan Rossa, who had lost the senatorial election to Tweed, claimed the seat, but was not seated; see [https://timesmachine.nytimes.com/timesmachine/1873/03/05/79207038.pdf ''THE STATE LEGISLATURE; Tweeds Empty Chair''] in NYT on March 5, 1873; and [https://timesmachine.nytimes.com/timesmachine/1873/04/15/82405019.pdf ''ALBANY; AN ASPIRANT TO TWEED'S SEAT''] in NYT on April 15, 1873
9. see [https://timesmachine.nytimes.com/timesmachine/1872/11/23/79201435.pdf ''THE STATE SENATE''] in NYT on November 23, 1872
10. see [https://timesmachine.nytimes.com/timesmachine/1872/02/07/78775199.pdf ''OBITUARY; William M. Ely''] in NYT on February 7, 1872
11. ''The Union Weekly News, 16 February 1872, Special Election notice for March 5, 1872 on Page 2'' https://www.nyshistoricnewspapers.org/?a=d&d=tuw18720216-01.1.2&e=------187-en-20--1--txt-txIN-%22ford%22----1872---Broome--
12. ''The Union Weekly News, 5 April 1872, page 2'' https://www.nyshistoricnewspapers.org/?a=d&d=tuw18720405-01.1.2&e=------187-en-20-tuw-1--txt-txIN-%22Phelps%22-------Broome--
13. Stephen Pell (1822–1896), see [https://timesmachine.nytimes.com/timesmachine/1896/11/29/108265268.pdf ''DEATH LIST OF A DAY; Stephen Pell''] in NYT on November 29, 1896
14. see [https://timesmachine.nytimes.com/timesmachine/1872/02/29/79181085.pdf ''HOW FREAR WAS ELECTED''] in NYT on February 29, 1872
15. see [https://timesmachine.nytimes.com/timesmachine/1872/03/02/79013851.pdf ''ALBANY NEWS; Frederick Killian (sic) Accorded His Seat in the Assembly''] in NYT on March 2, 1872
16. A number of voters from the 19th District petitioned the Assembly to vacate Fields's seat, and then call a special election to fill the vacancy, but no action was taken by the Assembly.
17. see ''Journal of the Assembly'', Vol. 2, pg. 1625