The 62nd 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 1 to May 7, 1839, during the first year of

William H. Seward William Henry Seward (; May 16, 1801 – October 10, 1872) was an American politician who served as United States Secretary of State from 1861 to 1869, and earlier served as governor of New York and as a United States senator. A determined opp ...

's governorship, in Albany.

Background

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. In 1838, Fulton County was split from Montgomery County. Fulton and Hamilton counties were joined in one Assembly district and apportioned 1 seat, the remaining 2 seats of the previous Hamilton-Montgomery district were apportioned to the now smaller Montgomery County. At this time there were two political parties: the Democratic Party and the Whig Party. On September 12, 1838, the Whig state convention met at Utica, and nominated

for Governor, and Speaker

Luther Bradish Luther Bradish (September 15, 1783 – August 30, 1863) was an American lawyer and politician who served two terms as the lieutenant governor of New York from 1839 to 1842, while his Whig Party (United States), Whig Party colleague, William H. Sew ...

for Lieutenant Governor. On the same day, the Democratic state convention met at

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 ...

, and nominated Gov.

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 ...

and Lt. Gov. John Tracy unanimously for re-election. On October 3, 1838, a state convention of former Democrats met under the name of "Conservatives" (among them U.S. Senator Nathaniel P. Tallmadge) at

Syracuse Syracuse most commonly refers to: * Syracuse, Sicily, Italy; in the province of Syracuse * Syracuse, New York, USA; in the Syracuse metropolitan area Syracuse may also refer to: Places * Syracuse railway station (disambiguation) Italy * Provi ...

, and endorsed the Whig nominees Seward and Bradish.

Elections

The State election was held from November 5 to 7, 1838. William H. Seward and Luther Bradish were elected Governor and Lieutenant Governor. State Senator

Chester Loomis Chester Loomis (December 25, 1789 – December 18, 1873) was an American merchant and politician from New York. Life He was the son of Nathan Loomis (1762–1850) and Dorcas (Pratt) Loomis. He was born in that part of Whitestown, then located i ...

(7th D.) was defeated for re-election.

Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 1, 1839; and the Assembly adjourned on May 6, the Senate on May 7. On January 1, George W. Patterson (W) 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 ...

. In the Senate, the mode of appointing the standing committees was changed. The committees had usually been appointed by the lieutenant governor (who is ''

ex officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...

'' President of the Senate). At this session, the lieutenant governor was a member of the minority party, and the Democratic majority voted to appoint the committees by ballot. On January 26, Canal Commissioner Stephen Van Rensselaer died. On February 4, the Legislature elected

John C. Spencer John Canfield Spencer (January 8, 1788 – May 17, 1855) was an American lawyer, politician, judge and United States Cabinet secretary in the administration of President of the United States, President John Tyler. After graduating from Union Co ...

(W) to succeed John A. Dix (D) as Secretary of State;

Bates Cooke Bates Cooke (December 23, 1787 – May 31, 1841) was an American lawyer and politician. Life He was the son of Lemuel Cooke who had fought in the American Revolutionary War. Bates and his brother Lathrop participated in the War of 1812. Bates C ...

(W) to succeed Azariah C. Flagg (D) as State Comptroller;

Willis Hall Willis Edward Hall (6 April 1929 – 7 March 2005) was an English playwright and radio, television and film writer who drew on his working-class roots in Leeds for much of his writing. Willis formed an extremely prolific partnership with h ...

(W) to succeed

Samuel Beardsley Samuel Beardsley (February 6, 1790 – May 6, 1860) was an American attorney, judge and legislator from New York. During his career he served as a member of the United States House of Representatives, New York Attorney General, United States Att ...

(D) as Attorney General; and

Jacob Haight Jacob Haight (March 4, 1775 or 1776 – c. 1860 in Catskill, Greene County, New York) was an American politician. Life He was a member of the New York State Senate from 1824 to 1827. In 1828, he was among the incorporators of the Catskill and I ...

(W) to succeed Gamaliel H. Barstow (W) as State Treasurer. On February 5, the Legislature failed to elect a U.S. Senator to succeed Nathaniel P. Tallmadge, and the seat became vacant on March 4, 1839. On February 18, the Legislature elected

Samuel B. Ruggles Samuel Bulkley Ruggles (April 11, 1799 – August 28, 1881) was an American lawyer and politician from New York. He was a member of the New York State Assembly in 1838, and a Erie Canal Commission, Canal Commissioner from 1839 to 1842 and in 18 ...

(W) a Canal Commissioner, to fill the vacancy caused by the death of Van Rensselaer.

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 * ...

and

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 ...

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,

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 ...

, Rockland,

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 ...

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,

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 ...

Greene Greene may refer to: Places United States *Greene, Indiana, an unincorporated community * Greene, Iowa, a city * Greene, Maine, a town ** Greene (CDP), Maine, in the town of Greene * Greene (town), New York **Greene (village), New York, in the to ...

, 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 Clinton is an English toponymic surname, indicating one's ancestors came from English places called Glympton or Glinton.Hanks, P. & Hodges, F. ''A Dictionary of Surnames''. Oxford University Press, 1988 Clinton has also been used as a given nam ...

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 ...

, Fulton,

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 Saint Lawrence or Laurence (; 31 December 225 – 10 August 258) was one of the seven deacons of the city of Rome under Pope Sixtus II who were martyred in the persecution of the Christians that the Roman emperor Valerian ordered in 258. ...

, 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

Jefferson Jefferson may refer to: Names * Jefferson (surname) * Jefferson (given name) People * Thomas Jefferson (1743–1826), third president of the United States * Jefferson (footballer) * Jefferson (singer) or Geoff Turton (born 1944), British s ...

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 ...

, Oswego and Otsego counties. * The Sixth District (4 seats) consisted of Allegany, Broome, Cattaraugus, Chemung, Chenango,

Livingston Livingston or Livingstonemay refer to: Businesses * Livingston Energy Flight, an Italian airline (2003–2010) * Livingston Compagnia Aerea, an Italian airline (2011–2014), also known as Livingston Airline * Livingston International, a North Am ...

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 ...

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 ...

, Cortland,

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 ...

Seneca Seneca may refer to: People, fictional characters and language * Seneca (name), a list of people and fictional characters with the given name or surname : :* Seneca the Elder (c. 54 BC – c. AD 39), a Roman rhetorician, writer and father ...

, Wayne and Yates counties. * The Eighth District (4 seats) consisted of

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,

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 Orleans 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.

Employees

* Clerk: John F. Bacon * Deputy Clerk: Chauncey Wasson * Sergeant-at-Arms: James Livingston * Doorkeeper: James D. Wasson

State Assembly

Districts

* Albany County (3 seats) * Allegany County (2 seats) *

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 ...

(2 seats) *

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 ...

(3 seats) * Chautauqua County (3 seats) * Chemung County (1 seat) *

Chenango County Chenango County is a county located in the south-central section of the U.S. state of New York. As of the 2020 census, the population was 47,220. Its county seat is Norwich. The county's name originates from an Oneida word meaning 'large bull ...

(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 ...

(3 seats) * Erie County (3 seats) * Essex County (1 seat) * Franklin County (1 seat) * Fulton and

counties (1 seat) * Genesee County (4 seats) * Greene County (2 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 ...

(2 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 ...

(2 seats) * Lewis County (1 seat) * Livingston County (2 seats) * Madison County (3 seats) * Monroe County (3 seats) *

Montgomery County Montgomery County may refer to: Australia * The former name of Montgomery Land District, Tasmania United Kingdom * The historic county of Montgomeryshire, Wales, also called County of Montgomery United States * Montgomery County, Alabama * Montg ...

(2 seats) * The City and County of

(13 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 ...

(2 seats) * Oneida County (4 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 (3 seats) * Orange County (3 seats) * Orleans County (1 seat) *

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 ...

(2 seats) * Otsego County (3 seats) * Putnam County (1 seat) * Queens County (1 seat) *

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 ...

(3 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 (2 seats) *

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 ...

(2 seats) * Schenectady County (1 seat) *

Schoharie County Schoharie County ( ) is a county in the U.S. state of New York. As of the 2020 census, the population was 29,714, making it the state's fifth-least populous county. The county seat is Schoharie. "Schoharie" comes from a Mohawk word meaning " ...

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

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 ...

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

(2 seats) * Wayne County (2 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 ...

(2 seats) *

Yates County Yates County is a county in the U.S. state of New York. As of the 2020 Census, the population was 24,774, making it the third-least populous county in New York. The county seat is Penn Yan. The name is in honor of Joseph C. Yates, who as Gov ...

(1 seat) 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.

Employees

* Clerk: Jarvis N. Lake * Sergeant-at-Arms: William DeForest * Doorkeeper: Samuel Francis Jr. * Assistant Doorkeeper: Washington P. Lewis

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) g. 109 and 441 for Senate districts; pg. 132 for senators; pg. 148f for Assembly districts; pg. 221ff for assemblymen
''The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840''
by

Jabez D. Hammond Jabez Delano Hammond (August 2, 1778 – August 18, 1855) was an American physician, lawyer, author and politician. Life Hammond was born in New Bedford, Bristol County, Massachusetts. He practiced medicine in Reading, Vermont, but afterward studi ...

(4th ed., Vol. 2, Phinney & Co.,

Buffalo Buffalo most commonly refers to: * True buffalo or Bubalina, a subtribe of wild cattle, including most "Old World" buffalo, such as water buffalo * Bison, a genus of wild cattle, including the American buffalo * Buffalo, New York, a city in the n ...

, 1850; pg. 486ff and 506 to 517)
''The Politician's Register''
published by

Horace Greeley Horace Greeley (February 3, 1811 – November 29, 1872) was an American newspaper editor and publisher who was the founder and newspaper editor, editor of the ''New-York Tribune''. Long active in politics, he served briefly as a congres ...

(1840; pg. 10f)
''Journal of the Senate'' (62nd Session)
(1839) {{NYLegislatures 062 1839 in New York (state) 1839 U.S. legislative sessions