The 46th New York State Legislature, consisting of the

New York State Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...

and the

New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Ass ...

, met from January 7 to April 24, 1823, during the first year of Joseph C. Yates's

governorship A governor is an administrative leader and head of a polity or political region, in some cases, such as governors-general, as the head of a state's official representative. Depending on the type of political region or polity, a ''governor'' may ...

, in Albany.

Background

A Constitutional Convention met from August 28 to November 10, 1821, and the new Constitution was adopted by the voters in January 1822. Under the provisions of the

New York Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...

of 1821, 32 Senators were elected on general tickets in eight senatorial districts for four-year terms. They were divided into four classes, and every year eight Senate seats came up for election. Assemblymen were elected countywide on general tickets to a one-year term, the whole Assembly being renewed annually. The new Constitution legislated Gov.

DeWitt Clinton DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and Naturalism (philosophy), naturalist. He served as a United States Senate, United States senator, as the mayor of New York City, and as the sixth governor of New York. ...

and Lt. Gov.

John Tayler John Tayler (July 4, 1742 – March 19, 1829) was a merchant and politician. He served nine years as the lieutenant governor of New York, four months acting as the fifth governor of New York, and also in both houses of the New York State Legisl ...

out of office at the end of 1822. Besides, the

Council of Appointment The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822. History Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of ...

was abolished, and the State officers were to be elected by the State Legislature. On April 12, 1822, the Legislature re-apportioned the Assembly districts. All previously existing multiple-county districts (except Hamilton and Montgomery) were dismembered, and every county became a district. The total number of assemblymen was increased from 126 to 128. On April 17, 1822, the Legislature enacted that future State elections be held on the first Monday in November and the two succeeding days. At this time New York politics were dominated by the

Bucktails The Bucktails (1818–1826) were the faction of the Democratic-Republican Party in the US state of New York opposed to Governor DeWitt Clinton. It was influenced by the Tammany Society. The name derives from a Tammany insignia, a deer's tail wo ...

faction of the

Democratic-Republican Party The Democratic-Republican Party (also referred to by historians as the Republican Party or the Jeffersonian Republican Party), was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed li ...

.The Anti-Federalists called themselves "Republicans." However, at the same time, the Federalists called them "Democrats" which was meant to be pejorative. After some time both terms got more and more confused, and sometimes used together as "Democratic Republicans" which later historians have adopted (with a hyphen) to describe the party from the beginning, to avoid confusion with both the later established and still existing Democratic and Republican parties. The opposing Democratic-Republican faction, the "Clintonians" disappeared after

decided not to run in the New York gubernatorial election, 1822; and the

Federalist Party The Federalist Party was a conservativeMultiple sources: * * * * * * * * and nationalist American political party and the first political party in the United States. It dominated the national government under Alexander Hamilton from 17 ...

had virtually disbanded. Nevertheless, in some districts Clintonian or Federalist Senate and Assembly tickets were put up in opposition to the Bucktails (which were considered the "regular" Democratic-Republican nominees), but without much success. The Bucktails nominated Supreme Court Justice Joseph C. Yates for Governor, and

Erastus Root Erastus Root (March 16, 1773 – December 24, 1846) was an early American lawyer and politician from New York. He is most notable for serving four separate non-consecutive terms in the U.S. House of Representatives in the early 19th centu ...

for Lieutenant Governor. The Clintonians made no nomination for Governor, but nominated Henry Huntington for Lieutenant Governor.

Solomon Southwick Solomon Southwick (December 25, 1773 – November 18, 1839) was an American newspaper publisher and political figure who was a principal organizer of the Anti-Masonic Party. Born in Newport, Rhode Island, Southwick was apprenticed as a baker an ...

nominated himself for Governor.

Elections

The State election was held from November 4 to 6, 1822. Joseph C. Yates and Erastus Root were elected. All 32 State senators were elected on the regular Democratic-Republican tickets.

Sessions

The Legislature met at the Old State Capitol in Albany on January 7, 1823, and adjourned on April 24. Peter R. Livingston (Buckt.) was elected

Speaker Speaker most commonly refers to: * Speaker, a person who produces speech * Loudspeaker, a device that produces sound ** Computer speakers Speaker, Speakers, or The Speaker may also refer to: Arts and entertainment * "Speaker" (song), by David ...

with 117 votes out of 123. On January 27, the Senate rejected the re-appointment of Chief Justice Ambrose Spencer and Associate Supreme Court Justices Jonas Platt and John Woodworth; and confirmed the appointment of

Nathan Sanford Nathan Sanford (November 5, 1777 – October 17, 1838) was an American politician. Early life Sanford was born on November 5, 1777, in Bridgehampton, New York. He was the son of Thomas Sanford and Phebe (née Baker) Sanford, a family of farm ...

as Chancellor to succeed

James Kent James Kent may refer to: *James Kent (jurist) (1763–1847), American jurist and legal scholar * James Kent (composer) (1700–1776), English composer *James Kent, better known as Perturbator, French electronic/synthwave musician *James Tyler Kent ...

. On January 28, Gov. Yates nominated State Comptroller John Savage as Chief Justice; and Jacob Sutherland and

Samuel Betts Samuel Rossiter Betts (June 8, 1786 – November 3, 1868) was an American attorney, politician, and jurist who served as a United States Representative, United States representative from New York and a United States federal judge, United States ...

as associate justices. On January 29, Savage and Sutherland were confirmed, but the appointment of Betts was rejected. Thereupon Gov. Yates re-nominated Woodworth who was confirmed after some debate by a slim margin. On February 13, the Legislature elected Secretary of State John Van Ness Yates, Attorney General Samuel A. Talcott and Surveyor General

Simeon De Witt Simeon De Witt (December 25, 1756 – December 3, 1834) was Geographer and Surveyor General of the Continental Army during the American Revolution and Surveyor General of the State of New York for the fifty years from 1784 until his death. Life ...

to succeed themselves; and

William L. Marcy William Learned Marcy (December 12, 1786July 4, 1857) was an American lawyer, politician, and judge who served as U.S. Senator, the eleventh Governor of New York, U.S. Secretary of War and the twenty-first U.S. Secretary of State. In the la ...

to succeed Savage as State Comptroller. On March 31, the Legislature appointed Edwin Croswell and Isaac Q. Leake as State Printers. On April 17, the Legislature enacted that there shall be eight

New York State Circuit Courts The New York circuit courts were circuit courts created by the New York State Constitution of 1821, and abolished by the Constitution of 1846. History Under the provisions of the Constitution of New York, 1777, the justices of the New York Suprem ...

, one in each senatorial district. Gov. Yates nominated as judges: Ogden Edwards (1st D.); Samuel Betts (2nd D.); William A. Duer (3rd D.); Reuben H. Walworth (4th D.); Nathan Williams (5th D.);

Samuel Nelson Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concu ...

(6th D.); Enos T. Throop (7th D.) and William B. Rochester (8th D.). They were confirmed on April 21.

State Senate

Districts

*The First District (4 seats) consisted of

Kings Kings or King's may refer to: *Kings: The sovereign heads of states and/or nations. *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'', an 11th-century epic Persia ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

Queens Queens is the largest by area of the Boroughs of New York City, five boroughs of New York City, coextensive with Queens County, in the U.S. state of New York (state), New York. Located near the western end of Long Island, it is bordered by the ...

Richmond Richmond most often refers to: * Richmond, British Columbia, a city in Canada * Richmond, California, a city in the United States * Richmond, London, a town in the London Borough of Richmond upon Thames, England * Richmond, North Yorkshire, a town ...

and

Suffolk Suffolk ( ) is a ceremonial county in the East of England and East Anglia. It is bordered by Norfolk to the north, the North Sea to the east, Essex to the south, and Cambridgeshire to the west. Ipswich is the largest settlement and the county ...

counties. *The Second District (4 seats) consisted of Dutchess,

Orange Orange most often refers to: *Orange (fruit), the fruit of the tree species '' Citrus'' × ''sinensis'' ** Orange blossom, its fragrant flower ** Orange juice *Orange (colour), the color of an orange fruit, occurs between red and yellow in the vi ...

, Putnam, Rockland,

Sullivan Sullivan may refer to: People Characters * Chloe Sullivan, from the television series ''Smallville'' * Colin Sullivan, a character in the film ''The Departed'', played by Matt Damon * Harry Sullivan (''Doctor Who''), from the British science f ...

Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...

and Westchester counties. *The Third District (4 seats) consisted of Albany, Columbia, Greene, Rensselaer,

Schenectady Schenectady ( ) is a City (New York), city in Schenectady County, New York, United States, of which it is the county seat. As of the United States Census 2020, 2020 census, the city's population of 67,047 made it the state's ninth-most populo ...

and Schoharie counties. *The Fourth District (4 seats) consisted of Clinton,

Essex Essex ( ) is a Ceremonial counties of England, ceremonial county in the East of England, and one of the home counties. It is bordered by Cambridgeshire and Suffolk to the north, the North Sea to the east, Kent across the Thames Estuary to the ...

Franklin Franklin may refer to: People and characters * Franklin (given name), including list of people and characters with the name * Franklin (surname), including list of people and characters with the name * Franklin (class), a member of a historic ...

Hamilton Hamilton may refer to: * Alexander Hamilton (1755/1757–1804), first U.S. Secretary of the Treasury and one of the Founding Fathers of the United States * ''Hamilton'' (musical), a 2015 Broadway musical by Lin-Manuel Miranda ** ''Hamilton'' (al ...

, Montgomery, St. Lawrence, Saratoga,

Warren Warren most commonly refers to: * Warren (burrow), a network dug by rabbits * Warren (name), a given name and a surname, including lists of persons so named Warren may also refer to: Places Australia * Warren (biogeographic region) * War ...

and

Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...

counties. *The Fifth District (4 seats) consisted of

Herkimer Herkimer may refer to: People: * Johan Jost Herkimer (1732–1795), United Empire Loyalist, brother of Nicholas Herkimer * John Herkimer (1773–1848), American lawyer and politician from New York * Lawrence Herkimer (1925–2015), American innov ...

, Jefferson,

Lewis Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohe ...

Madison Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States * Madison (footballer), Brazilian footballer Places in the United States Populated places * Madi ...

Oneida Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida N ...

and Oswego counties. *The Sixth District (4 seats) consisted of Broome, Chenango, Cortland,

Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...

, Otsego,

Tioga Tioga may refer to: United States communities *Tioga, California, former name of Bennettville, California *Tioga, Colorado * Tioga, Florida * Tioga, Iowa * Tioga, Louisiana * Tioga, Michigan * Tioga, New York, a town in Tioga County *Tioga County, ...

and Tompkins counties. *The Seventh District (4 seats) consisted of

Cayuga Cayuga often refers to: * Cayuga people, a native tribe to North America, part of the Iroquois Confederacy * Cayuga language, the language of the Cayuga Cayuga may also refer to: Places Canada *Cayuga, Ontario United States * Cayuga, Illinois ...

Onondaga Onondaga may refer to: Native American/First Nations * Onondaga people, a Native American/First Nations people and one of the five founding nations of the Iroquois League * Onondaga (village), Onondaga settlement and traditional Iroquois capit ...

Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...

and Seneca counties. *The Eighth District (4 seats) consisted of Allegany, Cattaraugus,

Chautauqua Chautauqua ( ) is an adult education and social movement in the United States that peaked in popularity in the late 19th and early 20th centuries. Chautauqua assemblies expanded and spread throughout rural America until the mid-1920s. The Cha ...

Erie Erie is a city on the south shore of Lake Erie and the county seat of Erie County, Pennsylvania, United States. It is the fifth-most populous city in Pennsylvania and the most populous in Northwestern Pennsylvania with a population of 94,831 ...

, Genesee, Livingston,

Monroe Monroe or Monroes may refer to: People and fictional characters * Monroe (surname) * Monroe (given name) * James Monroe, 5th President of the United States * Marilyn Monroe, actress and model Places United States * Monroe, Arkansas, an unincorp ...

, Niagara and

Steuben Steuben or Von Steuben most commonly refers to Friedrich Wilhelm von Steuben (1730–1794), Prussian-American military officer, or to a number of things named for him in the United States. It may also refer to: Places *Steuben Township, Marshall C ...

counties. Note: There are now 62 counties in the State of

. 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. James Burt and Byram Green changed from the Assembly to the Senate. Under the provisions of the new Constitution, upon taking office the senators were classified by drawing lots to terms of one, two, three or four years, as shown in the table below.

Employees

*Clerk: John F. Bacon

State Assembly

Districts

* Albany County (3 seats) * Allegany County (1 seat) *

Broome County Broome County is a county in the U.S. state of New York. As of the 2020 United States census, the county had a population of 198,683. Its county seat is Binghamton. The county was named for John Broome, the state's lieutenant governor when ...

(1 seat) *

Cattaraugus County Cattaraugus County (locally known as Catt County) is a county in Western New York, with one side bordering Pennsylvania. As of the United States 2020 census, the population was 77,042. The county seat is Little Valley. The county was created ...

(1 seat) *

Cayuga County Cayuga County is a county in the U.S. state of New York. As of the 2020 census, the population was 76,248. Its county seat and largest city is Auburn. The county was named for the Cayuga people, one of the Native American tribes in the Iroq ...

(4 seats) * Chautauqua County (1 seat) * Chenango County (3 seats) *

Clinton County Clinton County may refer to: *Counties named for George Clinton, first and third Governor of New York, and later the fourth Vice President of the United States: **Clinton County, New York ** Clinton County, Ohio *Counties named for DeWitt Clinton, ...

(1 seat) * Columbia County (3 seats) *

Cortland County Cortland County is a county located in the U.S. state of New York. As of the 2020 census, the population of Cortland County was 46,809. The county seat is Cortland. The county is named after Pierre Van Cortlandt, president of the convention a ...

(2 seats) * Delaware County (2 seats) *

Dutchess County Dutchess County is a county in the U.S. state of New York. As of the 2020 census, the population was 295,911. The county seat is the city of Poughkeepsie. The county was created in 1683, one of New York's first twelve counties, and later org ...

(4 seats) * Erie County (1 seat) * Essex County (1 seat) * Franklin County (1 seat) * Genesee County (4 seats) * Greene County (2 seats) *

and Montgomery co. (4 seats) *

Herkimer County Herkimer County is a county in the U.S. state of New York. As of the 2020 census, the population was 60,139. Its county seat is Herkimer. The county was created in 1791 north of the Mohawk River out of part of Montgomery County. It is name ...

(3 seats) * Jefferson County (3 seats) *

Kings County Kings County or King's County may refer to: Places Canada *Kings County, New Brunswick *Kings County, Nova Scotia * Kings County, Prince Edward Island ** King's County (electoral district), abolished in 1892 Ireland * County Offaly, formerly call ...

(1 seat) * Lewis County (1 seat) * Livingston County (2 seats) * Madison County (3 seats) * Monroe County (3 seats) *The City and County of

(10 seats) *

Niagara County Niagara County is in the U.S. state of New York. As of the 2020 United States census, the population was 212,666. The county seat is Lockport. The county name is from the Iroquois word ''Onguiaahra''; meaning ''the strait'' or ''thunder of ...

(1 seat) * Oneida County (5 seats) *

Onondaga County Onondaga County ( ) is a county in the U.S. state of New York. As of the 2020 census, the population was 476,516. The county seat is Syracuse. The county is part of the Central New York region of the state. Onondaga County is the core of the ...

(4 seats) * Ontario County (6 seats) * Orange County (4 seats) *

Oswego County Oswego County is a county in the U.S. state of New York. As of the 2020 United States census, the population was 117,525. The county seat is Oswego. The county name is from a Mohawk-language word meaning "the pouring out place", referring t ...

(1 seat) * Otsego County (4 seats) * Putnam County (1 seat) * Queens County (2 seats) *

Rensselaer County Rensselaer County is a county in the U.S. state of New York. As of the 2020 census, the population was 161,130. Its county seat is Troy. The county is named in honor of the family of Kiliaen van Rensselaer, the original Dutch owner of the ...

(4 seats) * Richmond County (1 seat) *

Rockland County Rockland County is the southernmost county on the west side of the Hudson River in the U.S. state of New York. It is part of the New York metropolitan area. As of the 2020 U.S. census, the county's population is 338,329, making it the state's ...

(1 seat) * St. Lawrence County (1 seat) *

Saratoga County Saratoga County is a county in the U.S. state of New York, and is the fastest-growing county in Upstate New York. As of the 2020 United States census, the county's population was enumerated at 235,509, its highest decennial count ever and a ...

(3 seats) * Schenectady County (1 seat) * Schoharie County (2 seats) * Seneca County (2 seats) * Steuben County (2 seats) * Suffolk County (2 seats) * Sullivan County (1 seat) * Tioga County (2 seats) *

Tompkins County Tompkins County is a county located in the U.S. state of New York. As of the 2020 census, the population was 105,740. The county seat is Ithaca. The name is in honor of Daniel D. Tompkins, who served as Governor of New York and Vice Preside ...

(2 seats) *

Ulster County Ulster County is a county in the U.S. state of New York. It is situated along the Hudson River. As of the 2020 census, the population was 181,851. The county seat is Kingston. The county is named after the Irish province of Ulster. The count ...

(3 seats) * Warren County (1 seat) *

(4 seats) *

Westchester County Westchester County is a county located in the southeastern portion of the U.S. state of New York, bordering the Long Island Sound and the Byram River to its east and the Hudson River on its west. The county is the seventh most populous cou ...

(3 seats) Note: There are now 62 counties in the State of

. 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.

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature. Peter R. Livingston changed from the Senate to the Assembly.

Employees

*Clerk:

Edward Livingston Edward Livingston (May 28, 1764May 23, 1836) was an American jurist, statesman and slaveholder. Database at He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. Li ...

*Sergeant-at-Arms: Henry Fryer *Doorkeeper: James Myers *Assistant Doorkeeper: Richard Ten Broeck

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) ee pg. 109 for Senate districts; pg. 125 for senators; pg. 148f for Assembly districts; pg. 199f for assemblymenbr>''The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840''
by Jabez D. Hammond (4th ed., Vol. 2, Phinney & Co., Buffalo, 1850; pg. 98 to 124)
Election result Assembly, Clinton Co.
at project "A New Nation Votes", compiled by

Phil Lampi Philip J. Lampi (born 1944 in Fitchburg, Worcester County, Massachusetts) is a scholar and historian currently employed as a researcher at the American Antiquarian Society (AAS) in Worcester, Massachusetts; he has spent much of his career reassem ...

, hosted by

Tufts University Tufts University is a private research university in Medford and Somerville, Massachusetts, United States, with additional facilities in Boston and Grafton, as well as Talloires, France. Tufts also has several Doctor of Physical Therapy p ...