62nd New York State Legislature
# 62nd New York State Legislature

The 62nd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 1 to May 7, 1839, during the first year of William H. Seward's governorship, in Albany.

## Background

Under the provisions of the New York Constitution 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 William H. Seward for Governor, and Speaker Luther Bradish for Lieutenant Governor. On the same day, the Democratic state convention met at Herkimer, and nominated Gov. William L. Marcy 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, 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 (7th D.) was defeated for re-election.

1838 New York State Senate election result :

| District | Whig | Whig | Democrat | Democrat |
| - | - | - | - | - |
| First | Gabriel Furman | 23,398 | Minthorne Tompkins | 22,731 |
| Second | Ebenezer Lounsbery | 23,256 | Daniel Johnson | 24,524 |
| Third | Harvey Watson | 24,516 | Alonzo C. Paige | 24,563 |
| Fourth | Bethuel Peck | 24,185 | Hiram Barber | 23,244 |
| Fifth | Jonathan D. Ledyard | 21,311 | Joseph Clark | 23,645 |
| Sixth | Alvah Hunt | 24,324 | Ebenezer Mack | 23,025 |
| Seventh | Robert C. Nicholas | 24,129 | Chester Loomis | 22,428 |
| Eighth | Henry Hawkins | 26,711 | Addison Gardiner | 17,360 |

## 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. 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 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 (W) to succeed John A. Dix (D) as Secretary of State; Bates Cooke (W) to succeed Azariah C. Flagg (D) as State Comptroller; Willis Hall (W) to succeed Samuel Beardsley (D) as Attorney General; and Jacob Haight (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 (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, New York and Richmond counties.
* The Second District (4 seats) consisted of Dutchess, Orange, Putnam, Queens, Rockland, Suffolk, Sullivan, Ulster and Westchester counties.
* The Third District (4 seats) consisted of Albany, Columbia, Delaware, Greene, Rensselaer, Schenectady and Schoharie counties.
* The Fourth District (4 seats) consisted of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Montgomery, St. Lawrence, Saratoga, Warren and Washington counties.
* The Fifth District (4 seats) consisted of Jefferson, Lewis, Madison, Oneida, Oswego and Otsego counties.
* The Sixth District (4 seats) consisted of Allegany, Broome, Cattaraugus, Chemung, Chenango, Livingston, Steuben, Tioga and Tompkins counties.
* The Seventh District (4 seats) consisted of Cayuga, Cortland, Onondaga, Ontario, Seneca, Wayne and Yates counties.
* The Eighth District (4 seats) consisted of Chautauqua, Erie, Genesee, Monroe, Niagara and Orleans counties.

### Members

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

| District | Senators | Term left | Party | Notes |
| - | - | - | - | - |
| First | Henry Floyd-Jones* | 1 year | Democrat | resided in Queens Co., elected in the old 1st D. |
| First | Frederick A. Tallmadge* | 2 years | Whig | |
| First | Gulian C. Verplanck* | 3 years | Whig | |
| First | Gabriel Furman | 4 years | Whig | |
| Second | John Hunter* | 1 year | Democrat | |
| Second | Henry H. Van Dyck* | 2 years | Democrat | |
| Second | Henry A. Livingston* | 3 years | Whig | |
| Second | Daniel Johnson | 4 years | Democrat | |
| Third | James Powers* | 1 year | Democrat | |
| Third | Noadiah Johnson* | 2 years | Democrat | died on April 4, 1839 |
| Third | Edward P. Livingston* | 3 years | Democrat | resigned on October 9, 1839 |
| Third | Alonzo C. Paige | 4 years | Democrat | |
| Fourth | David Spraker* | 1 year | Democrat | |
| Fourth | Samuel Young* | 2 years | Democrat | also a Canal Commissioner |
| Fourth | Martin Lee* | 3 years | Whig | |
| Fourth | Bethuel Peck | 4 years | Whig | |
| Fifth | Micah Sterling* | 1 year | Democrat | |
| Fifth | David Wager* | 2 years | Democrat | |
| Fifth | Avery Skinner* | 3 years | Democrat | also Postmaster of Union Square |
| Fifth | Joseph Clark | 4 years | Democrat | |
| Sixth | George Huntington* | 1 year | Democrat | |
| Sixth | Daniel S. Dickinson* | 2 years | Democrat | |
| Sixth | Laurens Hull* | 3 years | Whig | |
| Sixth | Alvah Hunt | 4 years | Whig | |
| Seventh | John Beardsley* | 1 year | Democrat | |
| Seventh | Samuel L. Edwards* | 2 years | Democrat | |
| Seventh | John Maynard* | 3 years | Whig | |
| Seventh | Robert C. Nicholas | 4 years | Whig | |
| Eighth | Chauncey J. Fox* | 1 year | Whig | resided in Cattaraugus Co., elected in the old 8th D. |
| Eighth | Samuel Works* | 2 years | Whig | |
| Eighth | William A. Moseley* | 3 years | Whig | |
| Eighth | Henry Hawkins | 4 years | Whig | |

### 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 (1 seat)
* Cattaraugus County (2 seats)
* Cayuga County (3 seats)
* Chautauqua County (3 seats)
* Chemung County (1 seat)
* Chenango County (3 seats)
* Clinton County (1 seat)
* Columbia County (3 seats)
* Cortland County (2 seats)
* Delaware County (2 seats)
* Dutchess County (3 seats)
* Erie County (3 seats)
* Essex County (1 seat)
* Franklin County (1 seat)
* Fulton and Hamilton counties (1 seat)
* Genesee County (4 seats)
* Greene County (2 seats)
* Herkimer County (2 seats)
* Jefferson County (3 seats)
* Kings County (2 seats)
* Lewis County (1 seat)
* Livingston County (2 seats)
* Madison County (3 seats)
* Monroe County (3 seats)
* Montgomery County (2 seats)
* The City and County of New York (13 seats)
* Niagara County (2 seats)
* Oneida County (4 seats)
* Onondaga County (4 seats)
* Ontario County (3 seats)
* Orange County (3 seats)
* Orleans County (1 seat)
* Oswego County (2 seats)
* Otsego County (3 seats)
* Putnam County (1 seat)
* Queens County (1 seat)
* Rensselaer County (3 seats)
* Richmond County (1 seat)
* Rockland County (1 seat)
* St. Lawrence County (2 seats)
* Saratoga County (2 seats)
* Schenectady County (1 seat)
* Schoharie County (2 seats)
* Seneca County (1 seat)
* Steuben County (3 seats)
* Suffolk County (2 seats)
* Sullivan County (1 seat)
* Tioga County (1 seat)
* Tompkins County (2 seats)
* Ulster County (2 seats)
* Warren County (1 seat)
* Washington (2 seats)
* Wayne County (2 seats)
* Westchester County (2 seats)
* Yates County (1 seat)

### Assemblymen

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

| District | Assemblymen | Party | Notes |
| - | - | - | - |
| Albany | John Davis | | |
| Albany | James S. Lowe | | |
| Albany | Rufus Watson | | |
| Allegany | Seth H. Pratt* | Whig | |
| Allegany | William Welch | Whig | |
| Broome | John Stoughton | | |
| Cattaraugus | George A. S. Crooker | Whig | |
| Cattaraugus | Hollis Scott | | |
| Cayuga | Henry R. Filley* | Whig | |
| Cayuga | John McIntosh | Whig | |
| Cayuga | Nathan G. Morgan* | | |
| Chautauqua | Waterman Ellsworth | Whig | |
| Chautauqua | Timothy Judson | Whig | |
| Chautauqua | Abner Lewis* | Whig | |
| Chemung | Jonathan P. Crouch | | |
| Chenango | Samuel Drew | | |
| Chenango | Demas Hubbard, Jr.* | Whig | |
| Chenango | Josiah G. Olney | | |
| Clinton | Abijah North | Democrat | |
| Columbia | Harry Cornwell | | |
| Columbia | Henry Hogeboom | | |
| Columbia | Peter R. Livingston | Whig | |
| Cortland | George S. Green | | |
| Cortland | George Isaacs | | |
| Delaware | Ichabod Bartlett | | |
| Delaware | Jonas More | | |
| Dutchess | Henry Conklin | Whig | |
| Dutchess | Jacob Sisson* | | |
| Dutchess | Daniel Toffey | Whig | |
| Erie | Jacob A. Barker | Whig | |
| Erie | Truman Cary | Whig | |
| Erie | Henry Johnson | Whig | |
| Essex | Gideon Hammond* | Whig | |
| Franklin | Asa Hascall | Whig | |
| Fulton and Hamilton | James Yawney | | |
| Genesee | Andrew H. Green* | Whig | |
| Genesee | John Head* | Whig | |
| Genesee | Horace Healy | Whig | |
| Genesee | Alva Jefferson | Whig | |
| Greene | Platt Adams | | |
| Greene | Thomas B. Cooke* | Whig | |
| Herkimer | Benjamin Carver | | |
| Herkimer | Atwater Cooke Jr. | | |
| Jefferson | Calvin Clark | Whig | |
| Jefferson | Charles E. Clarke | Whig | |
| Jefferson | Philip P. Gaige | Whig | |
| Kings | Cornelius Bergen* | Whig | |
| Kings | Jeremiah Lott | | |
| Lewis | Sanford Coe | | |
| Livingston | Elias Clark | Whig | |
| Livingston | George W. Patterson* | Whig | elected Speaker |
| Madison | Friend Barnard | | |
| Madison | Benjamin Enos | Democrat | |
| Madison | Uriah Leland | | |
| Monroe | William S. Bishop | | |
| Monroe | Henry P. Norton | | |
| Monroe | John P. Stull | | |
| Montgomery | Isaac S. Frost | | |
| Montgomery | Isaac Jackson | | |
| New York | George W. Bruen | Whig | |
| New York | Alfred Carhart* | Whig | |
| New York | Loring D. Chapin | Whig | |
| New York | Heman W. Childs* | Whig | |
| New York | Noah Cook | Whig | |
| New York | Thomas J. Doyle | Whig | |
| New York | John I. Labagh* | Whig | |
| New York | Thomas McElrath | Whig | |
| New York | Samuel T. McKinney | Whig | |
| New York | Frederick Pentz | Whig | |
| New York | Stephen Potter | Whig | |
| New York | John B. Scoles* | Whig | |
| New York | George Zabriskie* | Whig | |
| Niagara | Davis Hurd* | Whig | |
| Niagara | Peter B. Porter, Jr.* | Whig | |
| Oneida | Jesse Armstrong | | |
| Oneida | Ward Hunt | Democrat | |
| Oneida | Amasa S. Newberry | | |
| Oneida | Israel Stoddard | | |
| Onondaga | Phares Gould* | Whig | |
| Onondaga | James R. Lawrence* | Whig | |
| Onondaga | Azariah Smith* | Whig | |
| Onondaga | James L. Voorhees | Whig | |
| Ontario | Augustus Sawyer | | |
| Ontario | Z. Barton Stout | | |
| Ontario | Henry W. Taylor* | Whig | |
| Orange | Edward Blake | Democrat | |
| Orange | Robert Denniston | Democrat | |
| Orange | Joseph Slaughter | | |
| Orleans | Horatio Reed* | Whig | |
| Oswego | Samuel Hawley | | |
| Oswego | Edward B. Judson | | |
| Otsego | Jonathan W. Brewer | | |
| Otsego | Levi S. Chatfield | Democrat | |
| Otsego | Daniel Gilchrist | | |
| Putnam | Herman R. Stephens | | |
| Queens | Elias Hicks | | |
| Rensselaer | Richard P. Herrick | Whig | |
| Rensselaer | Day O. Kellogg | | |
| Rensselaer | Gideon Reynolds | Whig | |
| Richmond | Israel Oakley* | | |
| Rockland | Benjamin Blackledge | | |
| St. Lawrence | Myron G. Peck* | Democrat | |
| St. Lawrence | Asa Sprague | Democrat | |
| Saratoga | John Stewart | Whig | |
| Saratoga | Calvin Wheeler* | Whig | |
| Schenectady | Silas H. Marsh* | Whig | |
| Schoharie | Harvey Bliss | | |
| Schoharie | George F. Fox | | |
| Seneca | Gardner Welles | | |
| Steuben | Andrew G. Chatfield | Democrat | |
| Steuben | Abram M. Lybolt | Democrat | |
| Steuben | Johnson N. Reynolds | | |
| Suffolk | J. Wickham Case | | |
| Suffolk | Joshua B. Smith | Democrat | |
| Sullivan | William F. Brodhead | | |
| Tioga | Wright Dunham | Democrat | |
| Tompkins | David Bower | | |
| Tompkins | Jesse McKinney | | |
| Ulster | Jacob H. DeWitt | Whig | |
| Ulster | Henry C. Hornbeck | Whig | |
| Warren | William Griffing | | |
| Washington | Salmon Axtell | | |
| Washington | Jesse S. Leigh | | |
| Wayne | Thomas Armstrong | Democrat | |
| Wayne | Ambrose Salisbury | Democrat | |
| Westchester | Samuel B. Ferris | Democrat | |
| Westchester | Joseph Strang | Democrat | |
| Yates | Miles Benham* | Whig | |

### Employees

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