86th New York State Legislature
# 86th New York State Legislature

The 86th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 6 to April 25, 1863, during the first year of Horatio Seymour's second tenure as Governor of New York, 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 Republican Party and the Democratic Party. The Democrats split over the civil war issue. The "War Democrats" and the Republicans formed a coalition known as the "Republican Union," and supported President Abraham Lincoln and the Union Army's war effort; the rump Democratic Party opposed the war, favoring a compromise with the South, and became known as "Peace Democrats" or "Copperheads." The Constitutional Union (consisting of former "Silver Gray" Whigs and Know Nothings) held a state convention and joined the Peace Democrats.

## Elections

The New York state election, 1862 was held on November 4. With a large contingent of soldiers at the Civil War front, who did not vote at the state election, surprisingly all five statewide elective offices up for election were carried by the Democrats, including Gov. Horatio Seymour and Lt. Gov. David R. Floyd-Jones. The approximate party strength at this election, expressed by the vote for Governor, was: Democrats/Constitutional Union 307,000; Republican Union 296,000.

64 Union Republicans and 64 Democrats were elected to the Assembly, resulting in a split.

## Sessions

The Legislature met for the regular session at the Old State Capitol in Albany on January 6, 1863; and adjourned on April 25.

On January 21, James A. Bell (R) was re-elected President pro tempore of the State Senate.

On January 26, after three weeks of deadlock, Democrat Theophilus C. Callicot (D) was elected Speaker on the 92nd ballot, receiving the votes of the Republicans. Callicot had talked to the Republican leader Chauncey M. Depew, and offered a deal: the Republicans should elect him Speaker, and he would help them to elect a U.S. Senator.

1863 Speaker election result :

| Ballot | Date | Gilbert Dean Dem. | Henry Sherwood Rep. | Ballot | Date | Gilbert Dean Dem. | Henry Sherwood Rep. | Theophilus C. Callicot Fusion | Eliphaz Trimmer Dem. | Chauncey M. Depew Rep. |
| - | - | - | - | - | - | - | - | - | - | - |
| 1st | Jan. 6 | 63 | 63 | 47th | Jan. 10 | 41 | 41 | | | |
| 2nd | Jan. 6 | 63 | 63 | 48th | Jan. 10 | 41 | 41 | | | |
| 3rd | Jan. 6 | 63 | 63 | 49th | Jan. 12 | 40 | 40 | | | |
| 4th | Jan. 7 | 63 | 63 | 50th | Jan. 12 | 40 | 40 | | | |
| 5th | Jan. 7 | 63 | 63 | 51st | Jan. 12 | 39 | 39 | | | |
| 6th | Jan. 7 | 63 | 63 | 52nd | Jan. 12 | 39 | 39 | | | |
| 7th | Jan. 7 | 63 | 63 | 53rd | Jan. 12 | 39 | 39 | | | |
| 8th | Jan. 8 | 63 | 63 | 54th | Jan. 13 | 56 | 56 | | | |
| 9th | Jan. 8 | 63 | 63 | 55th | Jan. 13 | 55 | 55 | | | |
| 10th | Jan. 8 | 63 | 63 | 56th | Jan. 13 | 55 | 55 | | | |
| 11th | Jan. 8 | 63 | 63 | 57th | Jan. 13 | 55 | 55 | | | |
| 12th | Jan. 8 | 63 | 63 | 58th | Jan. 13 | 55 | 55 | | | |
| 13th | Jan. 8 | 63 | 63 | 59th | Jan. 13 | 54 | 54 | | | |
| 14th | Jan. 8 | 63 | 63 | 60th | Jan. 13 | 55 | 55 | | | |
| 15th | Jan. 8 | 63 | 63 | 61st | Jan. 13 | 55 | 55 | | | |
| 16th | Jan. 8 | 63 | 63 | 62nd | Jan. 13 | 55 | 55 | | | |
| 17th | Jan. 8 | 63 | 63 | 63rd | Jan. 13 | 55 | 55 | | | |
| 18th | Jan. 8 | 63 | 63 | 64th | Jan. 12 | 54 | 54 | | | |
| 19th | Jan. 8 | 63 | 63 | 65th | Jan. 13 | 54 | 54 | | | |
| 20th | Jan. 8 | 63 | 63 | 66th | Jan. 13 | 54 | 54 | | | |
| 21st | Jan. 8 | 63 | 63 | 67th | Jan. 14 | 63 | 63 | | | |
| 22nd | Jan. 8 | 63 | 63 | 68th | Jan. 14 | 62 | 62 | | | |
| 23rd | Jan. 8 | 63 | 63 | 69th | Jan. 14 | 62 | 62 | | | |
| 24th | Jan. 8 | 63 | 63 | 70th | Jan. 12 | 62 | 62 | | | |
| 25th | Jan. 8 | 63 | 63 | 71st | Jan. 14 | 62 | 62 | | | |
| 26th | Jan. 8 | 63 | 63 | 72nd | Jan. 14 | 62 | 62 | | | |
| 27th | Jan. 9 | 61 | 61 | 73rd | Jan. 14 | 60 | 60 | | | |
| 28th | Jan. 9 | 61 | 61 | 74th | Jan. 14 | 60 | 60 | | | |
| 29th | Jan. 9 | 62 | 62 | 75th | Jan. 15 | 62 | 62 | | | |
| 30th | Jan. 9 | 62 | 62 | 76th | Jan. 15 | 57 | 57 | | | |
| 31st | Jan. 9 | 62 | 62 | 77th | Jan. 15 | 60 | 60 | | | |
| 32nd | Jan. 9 | 62 | 62 | 78th | Jan. 15 | 58 | 58 | | | |
| 33rd | Jan. 9 | 62 | 62 | 79th | Jan. 23 | | | 60 | 60 | 2 |
| 34th | Jan. 9 | 62 | 62 | 80th | Jan. 23 | | | 60 | 60 | 2 |
| 35th | Jan. 9 | 60 | 60 | 81st | Jan. 23 | | | 60 | 61 | 3 |
| 36th | Jan. 9 | 60 | 60 | 82nd | Jan. 23 | | | 61 | 61 | 2 |
| 37th | Jan. 9 | 60 | 60 | 83rd | Jan. 23 | | | 61 | 61 | 2 |
| 38th | Jan. 10 | 47 | 47 | 84th | Jan. 23 | | | 61 | 61 | 2 |
| 39th | Jan. 10 | 44 | 44 | 85th | Jan. 23 | | | 61 | 61 | 2 |
| 40th | Jan. 10 | 44 | 44 | 86th | Jan. 23 | | | 61 | 61 | 2 |
| 41st | Jan. 10 | 44 | 44 | 87th | Jan. 23 | | | 60 | 60 | 2 |
| 42nd | Jan. 10 | 43 | 43 | 88th | Jan. 23 | | | 60 | 60 | 2 |
| 43rd | Jan. 10 | 44 | 44 | 89th | Jan. 23 | | | 59 | 59 | 2 |
| 44th | Jan. 10 | 42 | 42 | 90th | Jan. 23 | | | 60 | 60 | 2 |
| 45th | Jan. 10 | 42 | 42 | 91st | Jan. 24 | | | 60 | 60 | 1 |
| 46th | Jan. 10 | 42 | 42 | 92nd | Jan. 26 | | | 61 | 59 | |

On February 3, the Legislature elected Ex-Governor Edwin D. Morgan (R) to succeed Preston King (R) as U.S. Senator from New York for a six-year term beginning on March 4, 1863.

## 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 Brooklyn; 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

### Members

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.

Party affiliations follow the vote for U.S. Senator.

| District | Senator | Party | Notes |
| - | - | - | - |
| 1st | Monroe Henderson* | | due to ill health, did not take his seat at this session |
| 2nd | Jesse C. Smith* | Republican | |
| 3rd | Henry C. Murphy* | Democrat | |
| 4th | Christian B. Woodruff* | Democrat | |
| 5th | Charles G. Cornell* | Democrat | also New York City Street Commissioner |
| 6th | John J. Bradley* | Democrat | |
| 7th | Richard B. Connolly* | Democrat | |
| 8th | Hezekiah D. Robertson* | Republican | |
| 9th | Henry R. Low* | Republican | |
| 10th | Jacob S. Freer* | Democrat | |
| 11th | William H. Tobey* | Republican | |
| 12th | Ralph Richards* | Republican | |
| 13th | John V. L. Pruyn* | Democrat | |
| 14th | Joseph H. Ramsey* | Republican | |
| 15th | William Clark | Republican | elected to fill vacancy, in place of John Willard |
| 16th | Russell M. Little* | Republican | |
| 17th | Charles C. Montgomery* | Republican | |
| 18th | James A. Bell* | Republican | |
| 19th | Alexander H. Bailey* | Republican | |
| 20th | George A. Hardin* | Republican | |
| 21st | Richard K. Sanford* | Republican | |
| 22nd | Allen Munroe* | Republican | |
| 23rd | Henry A. Clark* | Republican | |
| 24th | Lyman Truman* | Republican | |
| 25th | Chauncey M. Abbott* | Republican | died on November 11, 1863 |
| 26th | Charles J. Folger* | Republican | |
| 27th | Charles Cook* | Republican | |
| 28th | Lysander Farrar* | Republican | |
| 29th | Almanzor Hutchinson* | Republican | |
| 30th | Wilkes Angel* | Republican | |
| 31st | John Ganson* | Democrat | on November 4, 1862, elected to the 38th U.S. Congress |
| 32nd | Horace C. Young* | Republican | |

### Employees

* Clerk: James Terwilliger
* Sergeant-at-Arms: Richard U. Owens
* Assistant Sergeant-at-Arms: Caleb S. Babcock
* Doorkeeper: Orville Griffin
* First Assistant Doorkeeper: Charles Johnson
* Second Assistant Doorkeeper: Sanders Wilson
* Third Assistant Doorkeeper: Giles H. Holden

## State Assembly

### Assemblymen

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

Party affiliations follow the original vote for Speaker.

| District | District | Assemblymen | Party | Notes |
| - | - | - | - | - |
| Albany | 1st | William J. Snyder | Democrat | |
| Albany | 2nd | John Cutler | Democrat | |
| Albany | 3rd | Henry L. Wait | Democrat | |
| Albany | 4th | William L. Oswald | Democrat | |
| Allegany | 1st | Alvah E. Cruttenden* | Republican | |
| Allegany | 2nd | Edward D. Loveridge* | Republican | |
| Broome | Broome | Francis B. Smith | Republican | |
| Cattaraugus | 1st | Andrew L. Allen* | Republican | |
| Cattaraugus | 2nd | Albert G. Dow | Republican | |
| Cayuga | 1st | George I. Post | Republican | |
| Cayuga | 2nd | William P. Robinson | Republican | |
| Chautauqua | 1st | John Steward | Republican | |
| Chautauqua | 2nd | Henry C. Lake* | Republican | |
| Chemung | Chemung | Charles Hulett | Democrat | |
| Chenango | 1st | Elizur H. Prindle | Republican | |
| Chenango | 2nd | Francis B. Fisher* | Republican | |
| Clinton | Clinton | George Adgate | Democrat | |
| Columbia | 1st | Peter G. Kisselbrack | Democrat | |
| Columbia | 2nd | Elias W. Bostwick | Republican | |
| Cortland | Cortland | Henry B. Van Hoesen | Republican | |
| Delaware | 1st | Robert W. Courtney | Republican | |
| Delaware | 2nd | Francis R. Gilbert | Democrat | |
| Dutchess | 1st | Luther S. Dutcher | Democrat | |
| Dutchess | 2nd | Joseph C. Doughty | Democrat | |
| Erie | 1st | John W. Murphy* | Democrat | |
| Erie | 2nd | Horatio Seymour* | Democrat | |
| Erie | 3rd | Timothy A. Hopkins | Democrat | |
| Erie | 4th | Anson G. Conger | Republican | |
| Essex | Essex | Palmer E. Havens* | Republican | |
| Franklin | Franklin | Albert Andrus* | Republican | |
| Fulton and Hamilton | Fulton and Hamilton | Willard J. Heacock | Republican | |
| Genesee | Genesee | Loren Green | Republican | |
| Greene | Greene | Luke Roe | Democrat | |
| Herkimer | 1st | Griffin Sweet | Republican | |
| Herkimer | 2nd | Archibald C. McGowan | Republican | |
| Jefferson | 1st | Charles A. Benjamin | Republican | |
| Jefferson | 2nd | Levi Miller | Republican | |
| Jefferson | 3rd | William Dewey* | Republican | |
| Kings | 1st | John Paulding | Democrat | |
| Kings | 2nd | Bernard Hughes | Democrat | |
| Kings | 3rd | Samuel E. Johnson | Democrat | |
| Kings | 4th | James Darcy* | Democrat | died on September 1, 1863 |
| Kings | 5th | Theophilus C. Callicot | Democrat | elected Speaker |
| Kings | 6th | Henry C. Boswell | Democrat | |
| Kings | 7th | Charles P. Leslie | Democrat | |
| Lewis | Lewis | John Chickering | Republican | |
| Livingston | 1st | Hamilton E. Smith | Republican | |
| Livingston | 2nd | Samuel Skinner* | Republican | |
| Madison | 1st | William H. Brand* | Republican | |
| Madison | 2nd | George L. Rouse | Republican | |
| Monroe | 1st | George E. McGonegal* | Republican | |
| Monroe | 2nd | Eliphaz Trimmer* | Democrat | |
| Monroe | 3rd | William Brown | Republican | |
| Montgomery | Montgomery | Freeman P. Moulton | Democrat | |
| New York | 1st | Cornelius Flynn | Democrat | |
| New York | 2nd | Daniel Leamy* | Democrat | |
| New York | 3rd | George L. Loutrel* | Democrat | |
| New York | 4th | William C. Gover | Democrat | |
| New York | 5th | Henry Rogers | Democrat | |
| New York | 6th | Julius Korn | Democrat | |
| New York | 7th | Vincent C. King | Democrat | |
| New York | 8th | Thomas H. Hill | Democrat | |
| New York | 9th | David V. Freeman | Democrat | |
| New York | 10th | Daniel M. O'Brien* | Democrat | |
| New York | 11th | Thomas A. Ledwith | Democrat | |
| New York | 12th | Andrew Smith* | Democrat | |
| New York | 13th | Alexander Ward* | Democrat | |
| New York | 14th | Robert C. Hutchings | Democrat | |
| New York | 15th | Gilbert Dean | Democrat | |
| New York | 16th | Michael McCann | Democrat | |
| New York | 17th | Thomas C. Fields | Democrat | also a Central Park Commissioner |
| Niagara | 1st | Benjamin H. Fletcher* | Democrat | |
| Niagara | 2nd | William Morgan | Republican | |
| Oneida | 1st | Abram B. Weaver | Democrat | |
| Oneida | 2nd | Daniel M. Prescott | Republican | |
| Oneida | 3rd | Asa S. Sherman | Democrat | |
| Oneida | 4th | Isaac McDougall | Republican | |
| Onondaga | 1st | James M. Munro | Republican | |
| Onondaga | 2nd | Elizur Clark | Democrat | |
| Onondaga | 3rd | Joseph Breed | Republican | |
| Ontario | 1st | Perez H. Field | Republican | |
| Ontario | 2nd | Lanson Dewey | Republican | |
| Orange | 1st | John D. Van Buren | Democrat | |
| Orange | 2nd | Charles S. Woodward | Democrat | |
| Orleans | Orleans | John Parks | Republican | |
| Oswego | 1st | Abner C. Mattoon | Republican | |
| Oswego | 2nd | Hiram W. Loomis | Republican | |
| Oswego | 3rd | Harvey Palmer | Republican | |
| Otsego | 1st | William Brooks | Democrat | |
| Otsego | 2nd | Cornelius A. Church* | Republican | |
| Putnam | Putnam | Saxton Smith | Democrat | also Supervisor of Putnam Valley |
| Queens | 1st | Charles T. Duryea | Democrat | |
| Queens | 2nd | Henry S. Lott | Democrat | |
| Rensselaer | 1st | James McKeon | Democrat | |
| Rensselaer | 2nd | John A. Quackenbush | Republican | |
| Rensselaer | 3rd | Ebenezer S. Strait | Democrat | |
| Richmond | Richmond | Theodore Frean | Democrat | |
| Rockland | Rockland | James S. Haring* | Democrat | |
| St. Lawrence | 1st | Elias P. Townsley* | Republican | |
| St. Lawrence | 2nd | James Redington* | Republican | |
| St. Lawrence | 3rd | Abraham X. Parker | Republican | |
| Saratoga | 1st | Ira Brockett | Democrat | |
| Saratoga | 2nd | Nathaniel M. Houghton* | Republican | |
| Schenectady | Schenectady | John McShea Jr. | Democrat | |
| Schoharie | Schoharie | Stephen L. Mayham | Democrat | |
| Schuyler | Schuyler | Samuel Lawrence | Republican | |
| Seneca | Seneca | James McLean | Democrat | |
| Steuben | 1st | John W. Taggart | Republican | |
| Steuben | 2nd | Henry Sherwood* | Republican | |
| Steuben | 3rd | Horace Bemis | Republican | |
| Suffolk | 1st | Benjamin F. Wiggins | Republican | |
| Suffolk | 2nd | John S. Havens* | Democrat | |
| Sullivan | Sullivan | William Gillespie | Democrat | |
| Tioga | Tioga | Nathaniel W. Davis | Republican | |
| Tompkins | Tompkins | Ezra Cornell* | Republican | |
| Ulster | 1st | Jesse F. Bookstaver* | Democrat | |
| Ulster | 2nd | Jacob LeFever | Republican | |
| Ulster | 3rd | Ebenezer Westbrook* | Democrat | |
| Warren | Warren | Newton Aldrich | Republican | |
| Washington | 1st | Asa C. Tefft | Republican | |
| Washington | 2nd | Ervin Hopkins Jr. | Republican | |
| Wayne | 1st | Thaddeus W. Collins | Republican | |
| Wayne | 2nd | Lemuel Durfee | Republican | |
| Westchester | 1st | Pierre C. Talman* | Democrat | |
| Westchester | 2nd | John E. Marshall | Democrat | |
| Westchester | 3rd | Chauncey M. Depew* | Republican | on November 3, 1863, elected Secretary of State of New York |
| Wyoming | Wyoming | Byron Healy | Republican | |
| Yates | Yates | Guy Shaw | Republican | |

### Employees

* Clerk: Joseph B. Cushman
* Sergeant-at-Arms: Levi M. Gano
* Doorkeeper: Charles E. Young
* First Assistant Doorkeeper: Alexander Frier
* Second Assistant Doorkeeper: Willard L. Cook
